(SUGGESTED AMENDMENT TO S. 2543) IN CAMERA INSPECTION AND FIRST EXEMPTION (II, B)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600190058-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: November 1, 2006
• Sequence Number: 58
• Content Type: REPORT

Approved For Release 2007/03/09 : CIA-RDP75B00380R000600190058-7
(Suggested Amendment to S. 2543)
In Camera Inspection and First Exemption (II, B)
On page 3, line 9, insert after "(B)" the designation 11(i)", and
in line 19, after the word "exemptions" add the following: "except
exemptions (1) and (3)".
On page 3, between lines 21 and 22, add the following
provision:
"(ii) In deciding whether a document is covered
by exemptions (1) and (3) in subsection (b) of this section,
a court may request affidavits and other information other
than the [classified] document itself and to be submitted on
this issue. If the court is unable to resolve the issue on this
basis, it may review the contested document in camera. Upon
completion of that review, the court, if it tentatively determines
the classification of such document or the decision that such
document requires protection pursuant to statute to be clearly
erroneous or arbitrary and capricious, shall order the agency
to explain ex parte either by oral testimony, further affidavits,
or other means, the basis for such classification or decision.
Approved For Release 2007/03/09 : CIA-RDP75B00380R000600190058-7
 Approved For Release 2007/03/09 : CIA-RDP75B0038OR000600190058-7
If the court then determines that the classification of
such document or the decision that such document requires
protection by statute to be unauthorized under the criteria
established by a statute or order referred to in exemptions (1)
and (3), it may order the document released to the plaintiff.
Approved For Release 2007/03/09 : CIA-RDP75B0038OR000600190058-7
 Approved For Release 2007/03/09 : CIA-RDP75B0038OR000600190058-7
19UASSIRIED
INTERNAL
^ USE ONLY
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SUBJECT: (Optional)
OLC
7D35
TO: (Officer designation, room number, and
building)
Assistant Legislative Counsel
h 15.
Approved For Relea
OFFICER'S
INITIALS
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15 April 1974
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
su
e 2007/(3/09: CIA-RDP75l
Attached is draft of my
ggested changes to Justice's
ggested changes.
My added language is under-
80R000600190058-7
r-1 INTERNAL
7 U,'CIJ\SSIFIED