FOIA APPEAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86M00886R001500080043-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: December 21, 2016
• Document Release Date: December 3, 2008
• Sequence Number: 43
• Publication Date: May 9, 1984
• Content Type: FORM

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STAT
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Central Intelligence Agency
31 July 1984
This is in response to your letter of 1 March 1978 in which
you appealed this Agency's constructive denial of your request
of 26 January 1978 for "a copy of any material released... since
Jan. 1, 1978 relating to the alleged diversion of nuclear
material from the NUMEC plant at Apollo, Pa." You will recall
we advised by our letter to you of 7 July 1978 that we under-
stood your 26 January request to be for the document entitled
"Prospects for Further Proliferation of Nuclear Weapons". This
letter is also in response to yours of 8 December 1978 in which
you appealed this Agency's non-response concerning four CIA
documents which were referred to us by the Nuclear Regulatory
Commission (NRC) following your 2 March 1978 request to the NRC
for "access to all material ...relatirig to the Commission
inquiry into the testimony of the Executive Director for
Operations... not included in the three volumes of material
relating to this inquiry released to Congress and the press."
However, since one of the four documents referred to us by the
NRC was the document previously identified by us as "Prospects
for Further Proliferation of Nuclear Weapons," your appeal was
found to concern the four documents identified below.
Your letters have been presented to the Central
Intelligence Agency Information Review Committee. Pursuant to
the authority granted by section 1900.51(a) of Chapter XIX,
Title 32 of the Code of Federal Regulations, the Committee as a
body, I, Harry E. Fitzwater, Deputy Director for Adminis-
tration, and Mr. John H. Stein, Inspector General, individ-
ually, have reviewed the documents, the determinations made
with respect to them and the propriety of applying the
exemptions contained in the Freedom of Information Act, as
amended (FOIA). The Committee has reviewed Document No. 1 and
Attachment No. 4 to Document No. 4, which are identical. I
have reviewed Document No. 2 and Attachment Nos. 1 through
3
of
Document No. 4, while Mr. Stein has reviewed Document Nos.
3
and 4. A description of each document and the determination
made with respect to it is as follows:
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and Description
1. Memorandum,
4 Sep. 1974,
"Prospects for
Further Pro-
liferation of
Nuclear Weapons"
2. Letter,
3. Letter,
21 Feb. 1978
4. Note,
28 Jan. 1978,
with attachments
as below
1. Memorandum,
2 Oct. 1974
2. Cover Sheet,
2 Oct. 1974
3. Cover Sheet,
3 Oct. 1974
4. Memorandum,
4 Sep. 1974,
"Prospects for
further pro-
liferation of
nuclear
weapons"
Determination Exemption Basis
Denied in entirety
(b)(1) and
(b)(3)
Release in part
(b)(3)
Denied in entirety
(b)(1),
(b)(3)
and (b)(5)
Denied in entirety
Release in
entirety
(b) (5)
Release in
entirety
Release in
entirety
Denied in entirety
(b)(1) and (b)(3)
NOTE: Attachment No. 4 is identical to Document No. 1 above.
For your information, exemption (b)(1) of the FOIA encompasses
matters which are specifically authorized under criteria estab-
lished by the appropriate Executive order to be kept secret in the
interest of national defense or foreign policy and which are in
fact currently and properly classified. Exemption (b)(3) pertains
to information exempt from disclosure by statute. The relevant
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statutes are subsection 102(d)(3) of the National Security Act of
1947, as amended, 50 U.S.C. ?403(d)(3) which makes the Director of
Central Intelligence responsible for protecting intelligence
sources and methods from unauthorized disclosure, and section 6 of
the Central Intelligence Agency Act of 1949, as amended, 50 U.S.C.
?403g, which exempts from the disclosure requirement information
pertaining to the organization, functions, names, official titles,
salaries or numbers of personnel employed by the Agency.
Exemption (b)(5) pertains to internal communications such as
drafts, memoranda between officials or agencies and opinions and
interpretations prepared by an agency's staff personnel or
consultants.
Enclosed you will find copies of those portions of the
above-listed documents which it has been determined on appeal can
be released to you. In accordance with the provisions of the
Freedom of Information Act, as amended, you have the right to seek
judicial review of the above determinations in a United States
district court.
We regret that our response to your letters of appeal has been
so long delayed and we appreciate your patience in this matter.
Sincerely,
Harry E. Fitz4ater
Chairman
Information Review Committee
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Iq
Next 3 Page(s) In Document Denied
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21 MAY 1951
This letter is a followup to previous correspondence you
you have received relative to the first 'paragraph of your 5 ?lay
19R1 letter. This acknowledges the !'reedor of Information
request made in the second paragraph of your referenced letter
regarding a public statement attributed to 'Ir. earl Duckett.
You have asked for the release of "any information from agency
files on such statements." 'dhile we are not quite clear as to
what you mean by "such statements," we assume you are referring
to the statement attributed to *'Ir. nuckett which ;ras published
in The New York Times on 2 ?lay 1981.
We shall search this Agency's files for any information
responsive to the statement made by !!r. Duckett and, if any
documents are located, we shall review same for releasa-
bility. We shall provide you the results as soon as feasible.
A cony of our schedule of fees Is enclosed. You will be
notified if It appears that the costs of processing the request
will exceed t25. please inform us immediately if you do not
agree to pay all of the reasonable search and duplication fees
incurred in processing your request.
As you may know, the heavy volume of Z'OIA requests
received by the Agency has resulted in processing backlogs.
Since we will be unable to respond within the 10 working days
stipulated by the Act, it is your right to construe this as a
denial, subject to appeal to the CIA Information Review
Committee. It would see? more reasonable, however, for us to
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continue processing; your request and to respond as soon as
feasible. Any denials or records, could be appealed at that
time. Unless we hear from you othemrise, we will assure that
this is agreeable to you and we will proceed on this basis.
Sincerely,
n
ormation and Privacy Coordinator
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STAT
18 MAY 1981
This will serve to confirm matters recently discussed in a
telephone conversation with a member of qty staff following our
receipt of your 5 'lay 1981 letter which requested a status
report on any CIA requests or appeals which are currently
being processed by this Agency on your behalf.
'fur records show that we are currently processing one non-
response appeal which cor:bines our review of a docu'ient en-
titled "Prospects for Further Proliferation of Vuelear Weapons"
responsive to your initial request date! 2. *aruary 1978, -Ind a
referral of four documents fron the *Tuclear Regulatory
Commission dated 5 'lay 1978 which inciudes the. above entitled
document as one of the four. Please note for your records that
e
ts
.aa
Leese reques
and any further inquiries concerninr;fthis appeal should refer-
ence this number.
In addition to this anneal, we are currently processing
one initial request, a referral from the Department of ?nerdy
pursuant to your request to that agency which we received on
9 Au;ust 19T8. Any Inquiries about this initial request should
reference our number
In your conversation, you also inquired about the total of
thirteen documents which the RTRC has referenced in correanond-
ence to you as involving CIA review. or these thirteen docu-
ments, four are the documents being processed by this Agency
under (above), and the remaining nine were ?.RC-
originated documents which have been returned to that agency
for direct response to you. We have been assured by that
agency that their response to you has been completed, and if
you wish any further details, we would aucraegt that you contact
*fiiC directly.
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Finally. Your letter or S `day ;off; ?tatai .mat: *In view
of public statements on the matteru e+neern.-A to ?Nes? re_
quests, by C. Duckett, I would ciao aDpree:Rte ro:wa8e of the
requested information, and any information fr(1 a._*ncy f11M on
such statements." In conversation, you stntei that you intend
this as a new FOIA request based upon the content or I re""t
Washington Star recent write-up of an intervi,.w with *+trl
Duckett. This request will be reviewed and atc o?ie