ENROLLED BILL H.R. 5164--CENTRAL INTELLIGENCE AGENCY INFORMATION ACT SPONSORS--REP. MAZZOLI (D) KENTUCKY AND 3 OTHERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00236R000200230002-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: February 5, 2009
• Sequence Number: 2
• Publication Date: October 10, 1984
• Content Type: MEMO

Approved For Release 2009/02/05: CIA-RDP89B00236R000200230002-5 'tive Registry
EXECUTIVE OFFICE OF THE PRESIDENT J 84. 9332/6
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. =0503 Folfi-
OCT 10 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 5164 - Central Intelligence Agency
Information Act
Sponsors - Rep. Mazzoli (D) Kentucky and 3 others
Last Day for Action
October 15, 1984 - Monday
Purpose
To authorize the Director of the Central Intelligence Agency to
exempt certain files from disclosure under the Freedom of
Information Act.
Agency Recommendations
Office of Management and Budget Approval
Central Intelligence Agency Approval (Signistatement attached)
Department of Justice Approval
Department of Defense Approval K[Intormall?-
National Security Council - Approval
Department of State No objection
General Services Administration No objection
Department of the Treasury No comment
Discussion
The Freedom of information Act (FOIA) requires the Central
Intelligence Agency to search and review every file which might
contain information responsive to an FOIA request. Searching
files containing sensitive national security information that is:
almost always exempted from disclosure has proven to be partic
ularly burdensome because of the extensive expenditure of time and
effort by senior intelligence personnel who strive to identify
non-sensitive material that may be released, but whose work
results in virtually no benefit to the public. In addition, t_e
courts have consistently ruled in favor of the CIA in challenges
to its withholding of information.
H.R. 5164, as the CIA notes in its enrolled bill views letter,,
-represents the culmination of several years of.effort by the
Administration to achieve relief for the CIA from unwarranted
burdens imposed by the FOIA. The major provisions of the enrolled
bill are summarized below.
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Major Provisions of B.R. 5164
The major provisions of B.R. 5164 concern "operational files' of
the CIA, which include material concerning intelligence sources
and collection methods. The provisions would:
-- Permit the Director of the CIA to exempt certain types of
"operational files", as defined in B.R. 5164, from the
search, review and disclosure requirements of the FOIA.
Notwithstanding this exemption, the CIA must continue to
search the "operational files' in response to a request
(1) from United States citizens or permanent resident
aliens seeking information about themselves pursuant to
the FOIA or the Privacy Act; (2) concerning any special
activity the existence of which is not exempt from
disclosure under LOIA; and (3) concerning the specific
subject matter of an investigation by the intelligence
committees of Congress or by specified Executive branch
agencies for any violation of law or Executive order or
for any impropriety in the conduct of an intelligence
activity;
-- Provide for de novo judicial review of allegations that
the CIA has improperly withheld records. The legislation
contains detailed provisions specifying the procedural
rules governing such litigation;
-- Require the Director of the CIA to review at least once
every ten years the exemptions in force to determine
whether the exemptions can be removed from any category of
exempted files or any portion thereof. The bill further
contains various criteria which must be considered when
conducting the decennial review, and permits an individual
to bring suit on grounds that the CIA has improperly
withheld records because of a failure to (1) comply with
the requirement for a review or (2) consider the specified
criteria when conducting the required review;
-- Require the Director of the CIA, in consultation with the
Archivist of the United States, the Librarian of Congress,
and historians selected by the Archivist, to report to
specified congressional committees by June 1, 1985, on the
feasibility of conducting a systematic review for
declassification and release of CIA information of
historical value. The Director is also required to submit
a report to the committees detailing various factual
information about the Agency's processing of FOIA
requests. This report is required to be submitted four
times, once each six months beginning six months after
enactment of the bill; and
-- Amend the Privacy Act, in a way that would affect all
government agencies, to prohibit any agency from using a
Privacy Act exemption to deny access to records requested
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H.R. 5164 further provides that the operational file exemptions
and related provisions will apply to civil actions not commenced
prior to February 7, 1984, and to any request for records,
regardless of when the request was made.
under the FOIA. (This provision, which is unrelated to
the general purpose of H.R. 5164, overturns the position
taken by the Justice Department before the Supreme Court,
and in effect clarifies that the two statutes represent
independent means by which an individual may seek access
to records containing information.)
Agency Views
As previously noted, H.R. 5164 fulfills a major objective of the
CIA by relieving the Agency of the burdensome requirement to
search files containing information that because of national
security concerns is extremely unlikely to be released in
response to an FOIA request. However, in order to obtain
enactment of this legislation, the Administration did not object
to the legislative package as a whole, notwithstanding an
objectionable amendment to the Privacy Act.
The amendment, of`serious concern to the Department of Justice,
as well as OMB, would provide that the exemptions to access
contained in the Privacy Act could not be used as a basis for
withholding records that would otherwise be accessible to
requesters under FOIA. Justice believes that the amendment would
be harmful to law enforcement efforts because it may permit
individuals in some circumstances to attempt to circumvent the
Privacy Act's systematic exemption for criminal law enforcement
records. A September 24, 1984 letter from the Attorney General
to Senator Goldwater, which is attached to Justice's enrolled
bill views letter, details the Department's views on this issue.
That letter concludes by indicating support for H.R. 5164 solely
because of its importance to the CIA, and consistent with that
position, the Department recommends approval of the bill.
The CIA has prepared a signing statement (attached to its views
letter) for your consideration; we understand, however, that the
National Security Council is preparing a signing statement for..
your consideration in lieu of the CIA-proposed statement.
H.R. 5164 passed the House by a vote of 369 to 36, and the Senate
by voice vote.
(signed) David A. Stockman
David A. Stockman
Director
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