LETTER TO GEORGE BUSH FROM HARRY E. FITZWATER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R001502640024-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: January 4, 2017
• Document Release Date: January 16, 2008
• Sequence Number: 24
• Publication Date: March 1, 1983
• Content Type: LETTER

Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
i v,S Registry
/1y
CENTRAL INTELLIGENCE AGENCY
WASHINGTON. D.C. 20505
1 MAR 1983
The Honorable George Bush
President of the Senate
Washington, DC 20510
Dear Mr. President:
ADD/A Registry
Ijos-f/
Submitted herewith, pursuant to the provisions of
5 U. S. C . 552(d), is the report of the Central Intelligence
Agency concerning its administration of the Freedom of
Information Act (FOIA) during calendar year 1982.
During 1982, 2,278 requests for information were logged
and put into processing by the Agency, of which 1,010 were
handled under the Freedom of Information Act. Several hundred
additional request letters were received during the year but
not formally processed pending receipt of additional
information from the requesters. These incomplete requests
were, without exception, requests for access to personal
records, which, under the Agency's regulations, are usually
processed under the provisions of the Privacy Act of 1974
(5 U.S.C. 522a) rather than the Freedom of Information Act.
Production/workload statistics for CY 1982 are enclosed at Tab
A. (Some of these statistics are necessarily tentative inasmuch
as we sometimes have to reactivate "closed" cases or are able
to "close out" cases retroactively.)
During CY 1982 the number of requests for information
decreased by 752. Nevertheless, the Agency maintained its
large expenditure of manpower on Freedom of Information,
Privacy, and Executive Order requests, devoting the equivalent
of 128 full time employees to this effort, despite the critical
need to apply the expertise of our intelligence professionals
to the Agency's primary mission. The dollar costs for
personnel to sustain this effort amounted to over $3.7 million.
Of this total, 59% ($2.2 million) was devoted to FOIA. During
CY 1982 we were able to reduce our backlog of initial cases by
364, some of which were among the more complex cases that were
contributing to the logjam in our queue system. Equally
encouraging is the reduction in the number of cases awaiting
processing in the administrative appeal phase. This year the
Agency was able to reduce this backlog to 65 cases.
The administrative burden to the Agency over the past
years has been considerable. Since 1975 we estimate that the
Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
 Approved For Release 2008/04/15: CIA-RDP85MOO364RO01502640024-1
Agency has expended a total of $21.3 million ($10.9 million for
FOIA) in just personnel costs for processing all requests for
information. The benefit to the public resulting from this
expenditure has been marginal at best. To be sure, some of the
information released has benefited selected segments of the
public. Yet, such instances are rare. Most records held by
CIA are classified under the criteria of E.O. 12356 or
predecessor orders and/or involve intelligence sources and
methods. As such, this information is exempted from access
under the Freedom of Information Act. When feasible,
segregable portions of otherwise exempt records are released,
but the public benefit arising from the disclosure of
fragmentary and often inaccurate raw intelligence is dubious,
and the result is sometimes even misleading. The provisions of
the Act which permit the Agency to charge fees for record
searches and for duplication are grossly inadequate for
recovering even minimal costs. For all years, the Agency has
collected a total of $76,207 in fees. When compared with
expenditures for administering Just the FOIA, this amounts to
less that one cent collected for every dollar spent. As
anticipated, the Department of Justice guidelines promulgated
in late December of 1980 increased the number of fee waivers
granted. The Agency was able to collect only $11,207 in fees
and advance deposits during CY 1982. This, however, represents
a 45% increase over CY 1981 collections. New guidelines issued
in January 1983 may help alleviate the drain on public monies
somewhat, in that the guidelines emphasize the "public benefit"
aspect more strongly. Nevertheless, with review time
constituting our greatest cost, FOIA processing can never
become anywhere near self-supporting. \,
As explained in earlier r-eports, the Agency also faces
some real problems in seeking to meet the time deadlines
stipulated in the Act, and we believe these complicating
factors are worth repeating. Because of the decentralized
character of our systems of records, a number of files and
indices must usually be searched to process a typical request.
For example, a reasonably simple request may require as many as
21 records systems to be searched, a complex request over
100. Whenever relevant records are located, these must be
reviewed with painstaking care by knowledgeable officers of the
CIA to ensure no information is released which might damage
national security, harm U.S. foreign relations, or reveal the
identities of intelligence sources or methods. This critical
analysis requires the expenditure of an inordinate amount of
manpower. Moreover, it cannot be entrusted to FOIA officers
hired just for the purpose of review, as is done in other
agencies. Rather, this analysis and review requires the
exercise of careful judgment by professional intelligence
officers who have primary responsibility for vital programs of
intelligence collection and analysis for the President and
other policymakers. Experienced operations officers and
analysts cannot be easily or readily acquired on the open
market. It takes years of experience and training to develop a
Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
top-quality intelligence officer. Resources the Agency
allocates to the administration of the FOIA are in competition
with priority intelligence requirements. Already, intelligence
officers are being diverted from their primary duties, and, as
DCI William J. Casey has testified, this diversion is impacting
upon vital intelligence missions. As long as the volume of
requests remains high, it seems unlikely that the Agency will
be in a position in the foreseeable future to substantially
reduce the processing backlog to the point where we would be
able to respond within the time limits specified by the Act.
In the meantime, in an effort to be fair to all, we have
continued to follow the policy of handling requests on a first-
received, first-processed basis. Unless a request essentially
duplicates a previous request, long delays are inevitable under
this policy. Some requesters, understandably impatient over
the lack of response, file administrative appeals or go into
early litigation, thereby further slowing the process as we
move resources to meet the priority demands of litigation.
Although the administrative burden in terms of cost and
diversion of professional expertise is the principal difficulty
the Act poses to the Agency -- especially in view of the
marginal value to the public of the material released -?- there
is the additional factor of its effect on our intelligence
collection effort, as Director Casey and other senior officials
have stated on numerous occasions. To operate effectively as a
foreign intelligence gathering organization, we must be able to
enlist the cooperation of individuals and foreign governments.
Many potential sources have refused this cooperation,
considering the risk of inadvertant disclosure too great, in
part because our records - even the most sensitive ones - are
subject to the provisions of FOIA. We can and do assure our
sources that the Act provides exemptions to protect from
disclosure both classified material and information relating to
intelligence sources and methods and that we employ multiple
layers of review to further ensure protection. Some, however,
remain unconvinced. Many are aware that there is the high
potential for error, and, despite the elaborate precautions,
mistakes have been made resulting in the release of classified
information. Furthermore, the more knowledgeable know that
courts do review Agency classification decisions and that the
potential exists for the Agency to be overruled.
In summary, the diversion of expertise from our primary
mission, the cost, the time constraints required by FOIA, and
the negative perceptions on the part of potential sources are
the major problems we face in complying with the FOIA.
Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
Nevertheless, we believe the Agency's performance is a
conscientious one, and we continue to look for ways in which it
can be improved without impairing national security.
Sincerely,
a y Fitz 'Water
Deputy Director
for
Administration
STAT
Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
Production/Workload Statistics
FOIA
PA
E0*
TOTALS
%
Workload:
Cases carried over
from 1981 1522
1356
225
3103
(58)
Cases
logged
during
1982
1010
-
1016
'
252
2278
(42)
Totals
253
2
23 22
1477
5381
Actions taken:
Granted
in full
131
109
48
288
(11)
Granted
in part
200
318
92
610
(23)
Denied
in f ul l
134
87
51
272
(10)
No records found
95
656
0
751
(28)
No CIA records found
13
43
0
56
(2)
Cancelled 417
38
1
456
(17)
Withdrawn 40
18
1
59
(2)
Referred elsewhere 37
1
1
39
(2)
Early appeal
43
3
0
46
(2)
Early litigation
1
)
Totals:
1
7 2
1276
1944
26T 2
1 00
Cases carried over
to 1983
1360
1096
283
2739
Change in backlog
-162
-260
+58
-364
(-12)
*These are requests processed under the mandatory classification
review provision of Executive Orders 12065 and 12356. Most of them
are either referrals from the Presidential Libraries or de-
classification requests from other Federal agencies.
Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
FREEDOM OF INFORMATION ACT
ANNUAL REPORT TO THE CONGRESS FOR THE YEAR 1982
1. Total number of initial determinations not to comply with a
request for records made under subsection 552(a): 334
2. Authority relied upon for each such determination:
(a) Exemptions in 552(b):
Number of times (i.e.,
Exemption invoked requests) invoked
(b)(1)
265
(b)(2)
3
(b)(3)
27
9
(b)(4)
9
(b)(5)
12
(b)(6)
44
(b) (7)
5
(b)(8)
0
(b) (9)
0
(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation requests) invoked
50 U.S.C. 403 (d)(3) 279
and/or 50 U.S.C. 403g
(c) Other authority: None
There were 707 other cases in which the requesters were
neither given access to nor denied the records sought. None of these
cases was regarded as a denial, however, inasmuch as the Agency was
either prepared to act upon the request or there proved to be no
records to act upon. Accordingly, they have not been included in the
334 figure provided in answer to question No. 1, above. In 95
instances, our searches uncovered no records relevant to the
request. In 13 other cases, we found no CIA-originated records, but
did locate in our files pertinent third-agency documents--which were
subsequently referred to the agency of origin for review and direct
response to the requesters. There were 37 instances where the
information requested did not fall under CIA's jurisdiction, and the
requests were thus referred to the agency or agencies having
cognizance over the records. In 43 cases, requesters appealed on the
basis of our failure to respond within the statutory deadline; in
another 62 cases, the requesters went into litigation for the same
reason. In each of these instances, therefore, the initial processing
of the requests progressed into the Agency's appellate or litigation
channels. Forty requests were withdrawn by the requesters after
processing had commenced, but before action on them could be
completed. Finally, 417 cases were cancelled by the Agency because of
Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
the failure of requesters to respond to letters asking for
clarification, additional identifying information, notarized releases
from third parties, fee payments, fee deposits, or written commitments
that all reasonable search and/or copying fees would be paid, etc. In
each of the latter cases, at least 90 days had elapsed without a reply
from the requester before action was taken to discontinue processing.
3. Total number of intra-a enc appeals from adverse initial
decisions made pursuant to subsection (b)(6): 39
In 14 additional cases, requests which were initially processed under
the provisions of the Privacy Act were processed under the Freedom of
Information Act upon appeal, in accord with the wishes of the
appellants. These were requests for access to personal records, which
the CIA usually processes under the Privacy Act rather than the
Freedom of Information Act. Also, based upon the failure of the
Agency to reply to Freedom of Information requests within 10 working
days, 43 appeals were received.
(a) Number of appeals in which, upon review, request; for
information was granted in full: 0
(b) Number of appeals in which, upon review, request; for
information was denied in full: 33
(c) Number of appeals in which, upon review, request was denied
in part: 31
4. Authority relied upon for each such appeal determination:
(a) Exemptions in 552(b):
Number of times (i.e.,
Exemption invoked appeals) invoked
(b) (1)
80
(b) (2)
1
(b) (3)
85
(b) (4)
0
(b) (5)
1
(b) (6)
17
(b)(7)
4
(b) (8)
0
(b)(9)
0
(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation appeals) invoked.
50 U.S.C. 403(d) (3)
and/or 50 U.S.C. 403g
85
Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
5. Names and titles of those persons who, on appeal, were
responsible for the denial in whole or in part of records
requested and the number of instances of participation of each:
Name
Briggs, Charles A.
Dirks, Leslie C.
Hineman, Richard E.
Fitzwater, Harry E.
Gates, Robert M.
Stein, John H.
Ti tle
Inspector General
of participation
Deputy Director for
Science and Technology
Deputy Director for
Science and Technology
Deputy Director for 35
Administration
Deputy Director for 12
Intelligence
Deputy Director
for Operations
105
6. Provide a copy of each court o inion or order giving rise to
a proceeding under subsection a)( F): etc.: None
7. Provide an up-to-date copy of all rules or regulations issued
pursuant to or in implementation of the Freedom of Information
Act 5 U.S.C. 552):
8. Provide separately a copy of the fee schedule adopted and the
total dollar amount of fees collected for making records
available:
See Tab C for a copy of the fee schedule.
The total amount collected and transmitted for deposit in
the U.S. Treasury during 1982 was $11,206.70.
9. A. Availability of records:
As the CIA does not promulgate materials as described in
5 U.S.C. 552(a) (2) (A)-(C), no new categories have been published.
In the case of each request made pursuant to the Freedom of
Information Act, all reasonably segregable portions of records
are released.
Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
B. Costs
A total of 229,788.7 actual man-hours of labor was devoted
during calendar year 1982 to the processing of Freedom of
Information Act, Privacy Act, and mandatory classification review
requests, appeals, and litigation. Taking into account leave and
holidays, this would equate to approximately 128 full-time
personnel. We estimate the average grade for professional
employees involved in these programs at GS-12/5, and for clerical
employees, GS-06/4. The funds expended during calendar year 1982
on personnel salaries, if overtime payments are ignored, would
thus amount to approximately $3.4 million. If fringe benefits
such as retirement and hospitalization are factored in as
amounting to 10 percent of the salaries, the total personnel
costs come to just over $3.7 million. Of this total,
approximtely $2.2 million can be attributed to the Freedom of
Information Act.
C. Compliance with time limitations for Agency
determinations:
(I) Provide the total number of instances in which it was
necessary to seek a 10-day extension of time: None
The Agency's processing backlogs have been such that in
almost all instances the deadlines for responding to requests and
appeals expired prior to our actually working on them. We were
seldom in a position, for that reason, to assert that any of the
three conditions upon which an extension must be based existed.
We have, accordingly, explained the problem to requesters and
appellants and apprised them of their rights under the law.
(II) Provide the total number of instances where court
appeals were taken on the basis of exhaustion of administrative
procedures because the Agency was unable to comply with the
request within the applicable time limits: 29
Of these, 22 actions were brought under the FOIA and seven
were brought under both the FOIA and PA. It should be noted that
in one instance a requester filed an appeal under the PA and
subsequently brought suit under both Acts.
(III) Provide the total number of instances in which a court
allowed additional time upon a showing of exceptional
circumstances, together with a copy of each court opinion or
order containing such an extension of time: 17
Copies of the pertinent court orders are attached at Tab D. No
written order was issued by the court in Shaw v. CIA CA 82-0757;
additional time was granted pursuant to an oral agreement at
status call.
Approved For Release 2008/04/15: CIA-RDP85M00364R001502640024-1
 Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
D. Internal Memoranda:
Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1
 IPD/LR; Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1 1983
Distribution'
Orig adse
1 - DDA w/report
1 - DDA Chrono w/o
1 - ER w/report
1 - OIS w/report
1 - OIS Chrono w/o
1 - OGC w/report
1 - LLB w/report
1 - DDS&T FOI w/report
1 - DDO/IRG w/report
1 - DDI FOI w/report
1 - DDO/IMS/FPLG w/report
1 - 0/DCI/FOI w/report
1 - IPD Chrono
1 - 2 IPD Subj. w/encls.
1 - IPD Corres(Annual) w/report
Approved For Release 2008/04/15: CIA-RDP85M00364RO01502640024-1