LETTER TO HONORABLE JOHN L. MCCLELLAN FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600190046-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: October 23, 2006
• Sequence Number: 46
• Publication Date: April 30, 1974
• Content Type: LETTER

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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
OLC 74-0836
30 April 1974
Honorable John L. McClellan, Chairman
Intelligence Operations Subcommittee
Committee on Appropriations
United States Senate
Washington, D. C. 20510
Dear Mr. Chairman:
This letter responds to your request for comments on the possible
impact upon the operations of this Agency of S. 2543 which amends the
Freedom of Information Act (5 U. S. C. 522).
Presently, this Agency's records are for the most part not
available for public inspection because the Act exempts, among other
things, matters that are:
"(b)(1) specifically required by Executive order to
be kept secret in the interest of the national defense
or foreign policy;
(3) specifically exempted from disclosure by statute;"
Although S. 2543 retains these general exemptions, it adds a
new provision which would permit an in camera court review of any or
all records to determine whether they shall be subject to public inspection.
This provision appears to be designed to overrule a Supreme Court
decision that the contents of records withheld under exemption (b)(1)
are not reviewable by the courts (Environmental Protection Agency v. Mink,
93 S. Ct. 827 (1973)).
The National Security Act of 1947 provides:
"... That the Director of Central Intelligence shall
be responsible for protecting intelligence sources
and methods from unauthorized disclosure;" (Sec. 102(d)(3))
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This language is designed to protect the lives and welfare of sources
of sensitive foreign intelligence information and to protect against the
compromise of technical collection efforts.
I do not believe that the nation's interest would best be served
by legislation which would make it possible for the most sensitive of
Agency records to be subject to court review as a result of a suit by
an individual, who under the statute may not even be a U. S. citizen,
for their public inspection. It is recommended that information
which is made inherently sensitive by statute be exempted from tho
court review provisions of S. 2543. Suggested language accomplishing
this for three categories of sensitive information recognized by statute
(Intelligence Sources and Methods, Communications Intelligence and
Restricted Data) is enclosed.
If S. 2543 or similar legislation is favorably considered, it is
hoped that you would be able to support appropriate exemption for this
Agency as proposed.
Sincerely,
/s/
W. E. Colby
Director
- Addressee
- DCI
- DDCI
- ER
- OLC - FOI file
-? OLC -
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AMENDMENT TO S. 2543 (Committee Print, January 29, 1974)
The added language is underlined and would be inserted at line 16, page 3:
"(B) On complaint, the district court of the United States
in the district in which the complainant resides, or has his
principal place of business, or in which the agency records are
situated,. or in the District of Columbia, has jurisdiction to
enjoin the agency from withholding agency records and to order
the production of any agency records improperly withheld from
the complainant. In such a case the court shall consider the
case de novo, with, except for matters withheld under section
552(b)(3), involving, but not limited to, Restricted Data, intelligence sources and methods, and communication
intelligence under sections 2162 of Title 42, 403(d)(3) and 403a
of Title 50, 798 of Title 18 and 73 Stat. 64, such in camera
examination of the requested records as it finds appropriate
to determine whether such records or any part thereof may
be withheld under any of the exemptions set forth in subsection
.(b) of this section, and the burden is on the agency to sustain
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 CONHDE N "FIA L
26X1
Journal - Office of Legislative Counsel Page 3
Tuesday - 30 April 1974
6. Called Tom Korologos, White House staff,
to check with him on Me status of the inquiry that he and Pat O'Donnell were
to make to the. Justice Department on the Kennedy amendment to the Freedom
of Infor:mati Korologos said he knew Justice was doing something on
this but he wasn't sure just what. I told him we were proceeding to protect
our interests and Korologos offered no objection to this.
I also talked with Korologos about our draft legislation on intelligence
sources and methods which is pending in the Office of Management' and Budget.
I told him I would like to send him a copy of it for his information adding the
Director was most anxious to get this legislation cleared out of OMB.
Korologos said he would be interested in looking it over.
7. I called Alan Parker, Counsel, Subcommittee
on Civil Rights and Constitutional Rights, House Judiciary Committee, concerning
the Chairman's 24 April letter to the Director requesting that Agency comments
on four criminal justice information programs be expedited. Parker was
appreciative of the call, explained that we were not delinquent but that he felt
the letter. was necessary to send out to a number of agencies who had not been
previously canvassed for comments on the legislation in light of Ranking
Minority member Charles E. Wiggins' (R. , Calif.) concern that the legislation
may have an adverse impact. I told Parker we would forward our views as
soon, as possible subject to OMB clearance which he understood. He said they
were hopeful that following the impeachment proceedings the Committee could
start the markup of the legislation on the basis of a complete record.
GEbI GE L. CAR
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O/DDCI I Ex. Sec.
Legislative Counsel
DDI DDS&T Mr. Warner
DDM&S Mr. Thuermer Mr. Lehman