LETTER TO WILLIAM CASEY FROM JOHN GLENN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00148R000400820027-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 20, 2016
• Document Release Date: October 15, 2007
• Sequence Number: 27
• Publication Date: May 18, 1982
• Content Type: LETTER

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STAT
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WILLIAM V. ROTH. JR.. OEL.. CHAIRMAN
CHARLI1I H. PERCY. ILL. THOMAS F. EAGU.ETON. MO.
TED STEVEN!. ALASKA HENRY M. JACKSON. WASH.
CHANLEB MC C. MATHIAS. JR.. MD. LAWTON CHILES. FLA.
JOHN C. DANFORTI. MO. SAM IIUNH, GA.
WIWAM S. COHEN. MAINE JOHN GLENN. ONTO
DAVID DURENSCROER. MINN. JIM SASSER. TOW.
MACK MATTINGLY. GA. DAVID PRYOR, ARK.
WARREN B. RUDMAN. N.H. CARL LEVIN. MICH.
JOAN M. MC ENTEEE, STAFF DIRECTOR
May 18, 1982
SCnffeb ^Sf4des Zonate
OOM M ITTEE ON
GOVERNMENTAL. AFFAIRS
SUBCOMMITTEE ON ENERGY. NUCLEAR
PROLIFERATION AND GOVERNMENT PROCESSES
WASHINGTON. D.C. 50310
Mr. William Casey
Director
Central Intelligence Agency
Washington, D.C. 20505
DAVID DURENBCRGER. MINN. JOHN GLENN. OHIO
WILLIAM B. CONEN. MAINE HENRY M. JACKSON. WASH.
MACK MATTINGLY. GA. CARL LEVIN, MICH.
WIWAM A. STRAUSS
CHIEF COUNSEL AND STAFF DIRECTOR
q't 2
EJ:~rv0w a,~
On March 23, we asked the Nuclear Regulatory Commission to provide the
document numbers, and where possible copies, of the information that
caused the NRC to inform the Congress of its concerns about IAEA safe-
guards.
On May 3, we received the enclosed response. from the NRC. We are now
asking you to provide copies of the relevant documents on IAEA safe-
guards for the Subcommittee's use. Our continuing oversight of the
Nuclear Non-Proliferation Act of 1978 and our jurisdiction over U.S.
nuclear export policy makes the adequacy of IAEA safeguards a subject
of great concern. The detailed information contained in these documents
would be most useful in our efforts to improve the international safe-
guards system.
. Charles H. Percy ' John Glenn
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 RE
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NUCLEAR REGULATORY COMMISSION
iA WASHINGTON, D. C. 20555
per..
ray' ***~* `'~`~ May 3, 1982
The Honorable Charles H. Percy, Chairman
Subcommittee on Energy, Nuclear Proliferation
and Government Processes
Committee on Governmental Affairs.
United States Senate
Washington, D.C...20510
Dear Mr. Chairman:
This is in response to your March 23 letter requesting access to those
documents which caused the NRC to issue its letter of November 27, 1981
to Congress. We have confined our. response to relevant classified infor-
mation since that appears to be the focus of your letter. This informa-
tion falls generally into two categories.
The first category is information from sensitive intelligence sources
which is controlled by the originating agency and thus is not releasable,
even on a classified basis, by the NRC without.the consent of the origi-
nator. In connection with an earlier, similar request from Congressman
Ottinger, Chairman of the Subcommittee on;Energy Conservation and Power,
Committee on Ener y and Commerce, we were advised by the Central Intelli-
gence Agency (CIA) that any list of document numbers of CIA-originated
material, including intelligence reports in NRC's possession, would fall
in this category. The CIA confirmed this to the NRC in the enclosed
statements, which also cite the basis for CIA's position. The Agency
did note, however, that it would cooperate fully with Congress and
permit any disclosures to be made that are consistent with the Director's
responsibility set forth in 50 U.S. Code, Section 403(d) and that any
inquiries for CIA-originated information should be.referred to the CIA
for direct-response. In this connection, we have identified for the CIA
the documents in which we believe you are interested.
I am also enclosing a copy of a legal analysis, dated March 17, 1982, pre-
pared by our Office of the General Counsel. This analysis sets forth the
legal basis for our decision to defer to the CIA on this matter.
The second category.of information consists primarily of classified
information obtained from other sources and agencies. Much of this
information is reflected in (1) the NRC staff's analyses of the second
and third attachments-to our classified letter of November 13, 1981
to Congress on international safeguards matters, a copy of which was
provided to you at that time; and (2) the Commission's additional
classified statement regarding safeguards aspects of the Tokai Mura
subsequent arrangement before the Subcommittee on International
Economic Policy and Trade of the House Committee on Foreign Affairs
on October 29, 1981. In this class of information, the principal
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The Honorable Charles H. Percy Page 2
reference documents we have identified are (1) the IAEA's Safeguards
Implementation Reports of 1977, 1978, 1979 and.1980, which are obtained
from the Executive Branch and which the State Department is willing to
make available to you; (2) the report in the first attachment to our
letter of November 13, 1981; (3) an NRC staff-sponsored study
"Implications of IAEA Technical Objectives", Battelle Pacific Northwest
Laboratories, May 1981; and (4) the Commission's additional classified
statement before the Subcommittee on International Policy and Trade, of
the House Committee on. Foreign Affairs, October 29, 1981, which contains
information concerning safeguards aspects. of the Tokai Mura subsequent
arrangement. We can provide you with copies of items (3) and (4) if
they are-not already available. While a large number of other classified
documents in this category related to safeguards matters are in our
possession, they serve chiefly to round out the picture of international
safeguards efficacy obtained from the documents mentioned above and are
of limited relevance to the concerns expressed in our November 27, 1981
letter to.Congress.
Please let me know if we can be of any further assistance.
Nunzio J. Palladino
Enclosures:
1. CIA letter dtd 3/17/82
to WJDircks
2. CIA letter dtd 4/19/82
:to WJDircks
3. General Counsel memorandum
dtd 3/17/82 -
STAT
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? WASHINGTON. D.C. 20505
Office .of General Counsel
Mr_ William,J. Dirks
Executive Director for Operations
Nuclear Regulatory Commission
'Washington, D.C. 20555
Dear Mr. Dirks
This Office has been informed that the House Committee
on Energy and Commerce Subcommittee on Energy Conservation
and'Power has requested access to certain CIA originated'
information which is in the NRC's possession. All of this
information is classified.* We wish to remind you that
Section IV.D of Directive No. 1 of the Information Security
Oversight Office implementing Executive order 12065 (43 Fed.
Reg.'.46280, October 5, 1978) provides that ",..classified
information originating in one agency may not be disseminated
outside any other agency to which it. has been made available
'.without the consent of the originating' agency." Accordingly,
as' this' Agency has not authorized any release o`f the information
in your possession, we request that you so advise the Committee.-
You may also assure the Committee that this Agency
will, of course, cooperate fully with the Congress and
d
permit any
isclosures to be made that are consistent with
the Director's responsibility as set forth in 50 U.S.C.
Section 403.(d) to protect intelligence sources and methods.
17 March 1982
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Office of General Counsel
Regulatory Coaraission`s April 15, 1982 oral. request. Any list of?
document nuiabers of CIA-originated materials, including
intelligence reports:, in the NRC's possession would be
classified,. and therefore, fall within the scope of my March 17.
1982 letter to you. Accordingly, we ask that you refer any
inquiries for CIA-originated information to this-Agency for
direct response.
This is to confirm my earlier response.. to' the Nuclear
CENTRAL INTELLIGENCE AGENCY
WASHINGTON. D.C. 20505
19 April 1982
Mr. William J. Dircks
Executive Director for Operations
Nuclear Regulatory Commission
Washington, D.C. 20555
Dear Mr Dir cks :
As. noted in my March 17, 19.82 letter, the CIA will, of
course, cooperate fully-with the Congress and permit any
disclosures to be made that are consistent with the Director's
responsibility as set forth in 50 U.S.C_ Section 403(d) to
protect intelligence sources and methods. In fact,-toward the
end cf March .this Agency received requests from both the souse
and Senate for much of the same information that you have
indicated was requested by Chairman' Ottinger, 'and'we are
preparing a comprehensive response to those inquiries at this.
time:
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,~., ? b NUCLEAR REGULATORY COMMISSION
r ~ ?? WASHINGTON, a C. 20555
March 17, 1982
MEMORANDUM FOR: Chairman Palladino
FROM: ~9 Leonard Bickwit,'Jr., General Counsel`
SUBJECT: TRANSMITTAL OF CLASSIFIED INFORMATION TO
CONGRESSIONAL OVERSIGHT COMMITTEES
issemination/Except as otherwise provided by section
section IV.D, as follows:
publication and issuance on September 29, 1978, provides in
implementing Directive No. 1 on national security information,
You have requested my opinion whether, in light of Section 303
the Atomic Energy.Act, the Commission may on its own authority
transmit classified intelligence information to one of its
Congressional oversight committees over the objection of the-
agency (in this case the Central Intelligence Agency) which
originated the information. For the reasons discussed below, I
conclude that it may not and that a committee request for such-
information must be referred to the originating agency.
The Commission's general statutory authority and obligation-to
transmit information to its Congressional oversight committees "
set forth in section 303 of the Atomic'Energy Act. This
authority and obligation extends` . to information and documents
relating to the Commission's functions that are within the.
Commission's control. However, I'do not believe that the
authority or obligation extends to.information or documents whi
are within the Commission's possession but beyond its legal pow
to transmit.
I understand that the information sought in this case is
classified under Executive Order 12065. Executive Order 12065-
provides in section 5-202(d) that the Director of the Informati
Security Oversight Office shall develop and promulgate, subject
to the approval of the National Security Council, directives fo
the implementation of the Order which 'shall be binding on all
Federal agencies. The Information Security Oversight Office's'
102 of the National Security Act of 1947, 61 Stat. 495,
? 50 U.S.C. 403 (1970 and Supp. V 1975), classified
information originating in one agency may not be
disseminated outside any other agency to which it has
been made available without the consent-of the originat-
ing agency (4-403).
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2
I also understand that the information sought. in this case
originated within the Central Intelligence-.Agency, and was
provided by that agency to the Commission on the understanding
that the above quoted provisions of the Directive would fully
apply. Finally, it is my understanding that the Central.
Intelligence Agency has refused to give the Commission the
requisite permission to transmit the information to the
committee:
The courts have recognized that the Constitution grants authority
to the President to adopt restrictions on the disclosure of
information when its release would damage the national security
or foreign policy interests of the United States.. See Sne v.
United States, 444 U.S. 507, 509 note 3 and 511-512 1980);
United States v. Nixon, 418 U.S..683, 710-711 (1974); U.S. V.
Reynolds, 345 U.S. 1, 10 (1953); C. & S. Air Lines v. Waterman
S.S. Corp., 333 U.S. 103, 111 (1948). Considerable additional
research would be required to determine the exact dimensions of
the Constitutionally-based privilege against disclosure.
However, I believe that the case law provides authority for the
President, and Executive Branch agencies acting under authority
delegated by the President, to restrict or condition the transfer
-of classified information from an Executive Branch agency to the
Commission so that the originating agency retains control over
the..dissemination of the information. Moreover,, the authority of
the originating agency in this case to impose restrictions on the
Commission's further dissemination of the reports is bolstered by
statute. The National Security Act of 1947.-provides an authority
and mandate to the Central' Intelligence Agency to protect
intelligence sources and methods from unauthorized disclosure and
to provide for the appropriate dissemination of such information
within the Government. 50 U.S.C. ? 403(d) (3). I conclude
therefore that the restrictions placed on the Commission by the
above-cited portions of Executive Order 12065 and the
implementing Directive deprive the Commission of legal authority.
under Section 303 of the Atomic Energy Act to disseminate, the
information in question outside of the Commission unless consent
to do so is obtained from'the originating agency.
I understand that in this case the Central Intelligence Agency
? has indicated a willingness to discuss the relevant information
it has with the subcommittee requesting it and suggests that the
subcommittee contact the Agency in that regard.. Since it does
not appear that all avenues that could lead to.providing
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 information to Congress have been fully explored, my office has.
not conducted the additional legal research that would be
necessary to determine the precise dimensions of any privilege
which the Executive Branch may have to withhold information
from Congress.
Commissioner Ahearne
Commissioner Roberts
OPE
SECY
OCA .
cc: Commissioner Gilinsky
Commissioner Bradford
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