LETTER TO JOHN H. CHAFEE FROM WILLIAM J. CASEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86M00886R001500050003-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 22, 2016
• Document Release Date: November 3, 2008
• Sequence Number: 3
• Publication Date: October 12, 1984
• Content Type: LETTER

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Central Intdh ncc Agency
1S84
The Honorable John LI. Chafee
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
President Reagan will soon be signing
legislation that will exempt the operational
files of the Central Intelligence Agency from
the requirements of the Freedom of Information
Act. The basic concept for this legislation
began in the 97th Congress with your intro-
duction of S. 1273. Please accept our sincere
appreciation for your support throughout the
past several years for our legislative efforts
to achieve FOIA relief.
William J. Casey
Director of Central Intelligence
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Central Intel) gncc Agency
V40*Vrl Q C 20505
OLL 84-3817//
The Honorable Thomas Kindness
Committee on Government Operations
House of Representatives
Washington, D.C. 20515
The passage of legislation to give the
Central Intelligence Agency relief from the
Freedom of Information Act is a significant
achievement which will serve the best interest
of both the Agency and the public. Please know
that the efforts you made on behalf of the
legislation are greatly appreciated.
William J. Casey
Director of Central Intelligence
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Ca Aral InklI n r Arxy
WA*V. -a C 20505
(AJ, 84- :w l'1/.2.
The Honorable Orrin Hatch
C1 ai rman
Subcommittee on the Constitution
United States Senate
Washington, D.C. 20510
On behalf of the Central Intelligence
Agency, I want to thank you for your assistance
in securing passage of legislation which will
give the Agency relief from the Freedom of
Infcrmation Act. I know that you have worked
very hard the past few years to enact government-
wide FOIA relief legislation. Please be assured
that we stand ready to support your efforts in
the next Congress in whatever way we can.
William J. Casey
Director of Central Intelligence
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Central intdll ncc Agcncy
win m. D c 20505
OLL 84-3817/?3
The Honorable Patrick J. Leahy
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Senator Leahy:
On behalf of the entire Central Intelligence
Agency, I would like to express our sincerest
appreciation for your personal involvement and
leadership in achieving passage of our FOIA
relief legislation. Without your support in the
Committee and in the Senate, the legislation
would not have received such overwhelming
support. For all your efforts we are truly
grateful.
William J. Casey
Director of Central Intelligence
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CenUal Intelligence Agency
OLL 84-3817/'f
The Honorable Walter D. H uddleston
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
On behalf of the entire Central Intelligence
Agency, I would like to express our sincerest
appreciation for your personal involvement and
leadership in achieving passage of our FCIA
relief legislation. Without your support in the
Committee ane.. in the Senate, the legislation
would not have received such overwhelming
support. For all your efforts we are truly
grateful.
William J. Casey
Director of Central Intelligence
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Ccntral IntdU ncc Agmy
OLL 84-3817,5
The Honorable Dave Durenberger
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Senator Durenberger:
On behalf of the entire Central Intelligence
Agency, I would like to express our sincerest
appreciation for your personal involvement and
leadership in achieving passage of our FOIA
relief legislation. Without your support in the
Committee and in the Senate, the legislation
would not have received such overwhelming
support. For all your efforts we are truly
crateful.
William J. Casey
Director of Central Intelligence
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Central Intelligence Agency
OLL 84-3817/&
The Honorable Daniel K. Inouye
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Senator Inouye:
On behalf of the entire Central Intelligence
Agency, I would like to express our sincerest
appreciation for your personal involvement and
leadership in achieving passage of our FOIA
relief legislation. Without your support in the
Committee and in the Senate, the legislation
would not have received such overwhelming
support. For all your efforts we are truly
grateful.
William J. Casey
Director of Central Intelligence
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Central 1ntdti ncc Aq~ncy
Ya4w oit D C 2OWS
OIL 84-3817/1
18 CCT1984
The Honorable G. William Whiteliurst
Permanent Select Committee on
Intelligence
House of Representatives
Washington, D.C. 20515
Dear Mr. Wh i tehurst:
Very shortly we will begin to implement
H.R. 5164, which exempts our operational files
from the Freedom of Information Act. I want you
to know that your efforts on behalf of this
legislation are greatly appreciated by all who
work to carry out the vital mission of the
Agency, both at home and abroad.
William J. Casey
Director of Central Intelligence
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central WdIi nce AFncy
OLL 84-3817/ D
The Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
On behalf of the Central Intelligence
Agency, I would like to express our sincere
appreciation for your personal effort and
leadership in securing passage of legislation to
exempt our operational files from the Freedom of
Information Act. This legislation will provide
substantial relief for the Agency, as well as
greater protection for the identities of our
human sources around the world. We recognize
the difficult position you were placed in by
virtue of the addition of the Privacy Act
amendment in the House. Your continuing support
played a major role in achieving unanimous
Senate acceptance of the House version. For
this support we are very grateful.
William J. Casey
Director of Central Intelligence
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Central IntdLi not Ancy
OLL 84-3817/9
The Honorable J. Kenneth Robinson
Permanent Select Committee on
Intelligence
House of Representatives
Washington, D.C. 20515
Very shortly we will begin to implement
H.R. 5164, which exempts our operational files
from the Freedom of Information Act. I want you
to know that your efforts on behalf of this
legislation are greatly appreciated by all who
work to carry out the vital mission of the
Agency, both at }some and abroad.
Yours,
Ifir/ `t"'r is ?- J. ?~.;;
William J. Casey
Director of Central Intelligence
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1 - DDCI
1 - EXDIR
1-ER
1 - D/OLL
1 - DD/OLL
1 - OIL Chrono
1 - LEG Subject (FOIA)
1 - KAD Signer
OLL:LEG:KAD:sm (12 October 1984)
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OLL 84-3754
5 October 1984
Deputy Chief, Legislation Division
Office of Legislative Liaison
Attached for your information and use is a copy of H.R.
5164 as passed by both Houses of Congress and enrolled for
transmittal to the President. OMB has requested our views on
the enrolled bill, and I have also attached a copy of our views
letter and our proposed Presidential signing statement. As far
as we know, there will not be a Presidential signing ceremony.
The enrolled bill has been received by the White House;
however, we do not know exactly when the President will sign
the bill. He has until 15 October to do so.
(-Ioo
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1 - D/OIS/DDA (w/atts)
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1 - LA/OIA (w/atts)
1 - IRO/DDA (w/atts)
1 - DDO (w/atts)
1 - C/IMS/DDO (w/atts)
1 - C/IMS/FPLG/DDO (w/atts)
1 - CDO/OGC (w/atts)
1 - DDS&T (w/atts)
1 - IRO/DDS&T (w/atts)
1 - DDI (w/atts)
1 - IRO/DDI (w/atts)
1 - D/OS (w/atts)
1 - IRG/OS (w/atts)
1 - GC (w/atts)
1 - (w/atts)
1 - OGC (w/atts)
1 - IG (w/atts)
1 - Comptroller (w/atts)
1 - PAO (w/atts)
1 - D/OLL (w/atts)
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1 - OLL Chrono Watts)
1 - LD/OLL (w/atts)
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1 - KAD Signer (w/o atts)
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H.R.6164
BIntnj-tIhth ~onoreos of the United ~tatts of America
AT THE SECOND SESSION
Begun and hold at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty four
an act
To amend the National Security Act of 1947 to regulate public disclosure of informa-
tion held by the Central Intelligence Agency, and for other purpos .
Be it enacted by the Senate and House of Repnsentatiues of the
United States of America in Co assembled That this Act may
be cited as the "Central Intelligence Agency Information Act' .
SEC. 2. (a) The National Security Act of 1947 is amended by adding
at the end thereof the following new title:
"TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE
CENTRAL INTELLIGENCE AGENCY
"EXEMPTION OF CERTAIN OPERATIONAL FLEE FROM SEARCH, REVIEW,
PUBLICATION, OR DISCLOSURE
"SEc. 701. (a) Operational files of the Central Intelligence Agency
may be exempted by the Director of Central Intelligence from the
provisions of section 552 of title 5, United States Code (Freedom of
Information Act), which require publication or disclosure, or search
or review in connection therewith.
"(b) For the purposes of this title the term 'operational files'
means-
"(1) files of the Directorate of Operations which document the
conduct of foreign intelligence or counterintelligence operations
or intelligence or security liaison arrangements or information
exchanges with foreign governments or their intelligence or
security services;
"(2) files of the Directorate for Science and Technology which
document the means by which foreign intelligence or counterin-
telligence is collected through scientific and technical systems;
and
"(3) files of the Office of Security which document investiga-
tions conducted to determine the suitability of potential foreign
intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated
intelligence are not operational files.
"(c) Notwithstanding subsection (a) of this section, exempted oper-
ational files shall continue to be subject to search and review for
information concerning-
"(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 of title 5, United
States Code (Freedom of Information Act), or section 552a of
title 5, United States Code (Privacy Act of 1974);
"(2) any special activity the existence of which is not exempt
from disclosure under the provisions of section 552 of title 5,
United States Code (Freedom of Information Act), or
"(3) the specific subject matter of an investigation by the
intelligence committees of the Congress, the Intelligence Over-
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sight Board the Department of Justice, the Office of General
Counsel of the Central Intelligence Agency, the Office of Inspeo
for General of the Central Intelligence Agency, or the Office of
the Director of Central Intelligence for any impropriety, or
violation of law, Executive order, or Presidential directive, in
the conduct of an intelligence activity.
"(d)(1) Files that are not exempted under subsection (a) of this
section which contain information derived or disseminated from
exempted operational files shall be subject to search and review.
"(2) The inclusion of information from exempted operational files
in files that are not exempted under subsection (a) of this section
shall not affect the exemption under subsection (a) of this section of
the originating operational files from search, review, publication, or
disclosure.
"(3) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
subsection (a) of this section and which have been returned to
exempted operational files for sole retention shall be subject to
search and review.
"(e) The provisions of subsection (a) of this section shall not be
superseded except by a provision of law which is enacted after the
date of enactment of subsection (a), and which specifically cites and
repeals or modifies its provisions.
'(f) Whenever any person who has requested agency records
under section 552 of title 5, United States Code (Freedom of Infor-
mation Act), alleges that the Central Intelligence Agency has
improperly withheld records because of failure to comply with any
provision of this section, judicial review shall be available under the
terms set forth in section 552(aX4)(B) of title 5, United Stated Code,
except that-
"(1) in any case in which information specifically authorized
under criteria established by an Executive order to be kept
secret in the interest of national defense or foreign relations
which is filed with, or produced for, the court by the Central
Intelligence Agency, such information shall be examined ex
parte, in camera by the court;
"(2) the court shall, to the fullest extent practicable, deter-
mine issues of fact based on sworn written submissions of the
parties;
"(3) when a complaint alleges that requested records were
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission, based upon per-
sonal knowledge or otherwise admissible evidence;
"(4XA) when a complainant alleges That requested records
were improperly withheld because of improper exemption of
operational files, the Central Intelligence Agency shall meet its
burden under section 552(aX4XB) of title 5, United States Code,
by demonstrating to the court by sworn written submission that
exempted operational files likely to contain responsive records
currently perform the functions set forth in subsection (b) of
this section; and
nfgeng
"(B) the court may not order the Central Intelligence A
to review the content of any exempted operational file or es in
order to make the demonstration required under subparagraph
(A) of this ph, unless the complainant disputes the pan Central Intelligence Agency's showing with a sworn written
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submission based an personal knowledge or otherwise nII-
ble evidence; under phs (8) and (4) of this subsec-
"(, in the proceedings shall not obtain discove purs
tionuant to rules 26
wee r~-
that
through 86 of the Federal Rules of Civil Procedure. to rules 26 and
requests for admission may be made pursuant 86?
j'(6) if the court finds under this subsection that the Central
Intelligence Agency has improperly withheld requested records
because of failure to comply with any p, revision of this section,
the court shall order the Central Intelligence Agency to search
and review the appropriate exempted operational file or files for
the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code (Freedom of Information Act),
and such order shall be the exclusive remedy for failure to
comply with this section; and
"(7) if at any time following the filin# of a complaint pursuant
to this subsection the Central Intelligence Agency agrees to
search the appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim based upon
such complaint.
"DECENNIAL REVIEW OF MLKKPM OPERATIONAL FILM
"Sac. 702. (a) Not less than once every ten years, the Director of
Central Intelligence shall review the exemptions in force under
subsection (a) of section 701 of this Act to determine whether such
exemptions may be removed from any category of exempted files or
any portion thereof.
'(b) The review required by subsection (a) of this section shall
include consideration of the historical value or other public interest
in the subject matter of the particular category of files or portions
thereof and the potential for declassifying a significant part of the
information contained therein.
"(c) A complainant who alleges that the Central Intelligence
Agency has Improperly withheld records because of failure to
comply with this section may seek judicial review in the district
court of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court's review shall be limited to determining (1) whether the
Central Intelligence Agency has conducted the review required by
subsection (a) of this section within ten years of enactment of this
title or within ten years after the last review, and (2) whether the
Central Intelligence Agency, in fact, considered the criteria set forth
in subsection (b) of this section in conducting of tsuch Act he required is amended
(b) The table of contents at the beginning
by adding at the end thereof the following:
'TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE CENTRAL
INTELLIGENCE AGENCY
"Sec. 701. Exemption of certain operational files from search, review, publication,
or disclosure.
"Sec. 702. Decennial review of exempted operational files.".
(c) Subsection (q) of section 552a of title 5, United States Code, is
amended-
(1) by inserting "(1)" after "(q)"; and
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(2) by adding at the end thereof the following:
"(2) No agency shall rely on any exemption in this section to
withhold from an individual an record which is otherwise accessi-
ble to such individual under the provisions of section 552 of this
title.".
Sac. 8. (a) The Director of Central Intelligence, in consultation
with the Archivist of the United States, the Librarian of Co grew,
and appropriate representatives of the historical discipline selected
by the Archivist, shall prepare and submit by June 1, 1985, a report
on the feasibility of conducting systematic review for declassifica-
tion and release of Central Intelligence Agency information of
historical value.
(bXl) The Director shall, once each six months, prepare and
submit an unclassified report which includes-
(A) a description of the specific measures established by the
Director to improve the processing of requests under section 552
of title 5, United States Code;
(B) the current budgetary and personnel allocations for such
processing-,
(C) the number of such requests (i) received and processed
during the preceding six months, and (ii) pending at the time of
submission of such report; and
(D) an estimate of the current average response time for
completing the processing of such requests.
(2) The first report required by paragraph (1) shall be submitted
by a date which is six months after the date of enactment of this
Act. The requirements of such paragraph shall cease to apply after
the submission of the fourth such report.
(c) Each of the reports required by subsections (a) and (b) shall be
submitted to the Permanent Select Committee on Intelligence and
the Committee on Government Operations of the House of Repre-
sentatives and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate.
Sac. 4. The amendments made by subsections (a) and (b) of section
2 shall be effective upon enactment of this Act and shall apply with
respect to any requests for records, whether or not such request was
made prior to such enactment, and shall apply to all civil actions not
commenced prior to February 7,1984.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Central IntdIit -rice Agency
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
This letter is in response to your request for the views
of the Central Intelligence Agency (CIA) on enrolled bill
H.R. 5164, the 'Central Intelligence Agency Information Acts.
This legislation represents the culmination of several years of
effort by the CIA to achieve meaningful relief from the unique
burdens and serious problems posed to it by the Freedom of
Information Act (FOIA).
H.R. 5164 adds a new title VII to the National Security Act
of 1947 to allow the Director of Central Intelligence (DCI) to
exempt operational files, as defined in the legislation, from
the search, review, publication and disclosure requirements of
the FOIA. All files of the CIA not falling within the
definition of operational files will remain subject to the
current requirements of the FOIA. Furthermore, the legislation
provides for continued search and review of exempted
operational files in response to FOIA requests in the following
three areas:
(1) requests from United States citizens or permanent
resident aliens seeking information on themselves;
(2) requests concerning any special activity where the
existence of the activity is not exempt from disclosure under
the FOIA; and
(3) requests concerning the specific subject matter of an
investigation conducted by those Congressional committees or
Executive Branch agencies designated in the bill.
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H.R. 5164 retains the de novo judicial review provided in
the FOIA and specifies how the federal courts shall proceed in
litigation filed against the CIA pursuant to this legislation.
However, the provisions of the bill will not apply to any civil
action filed prior to 7 February 1984. The courts are also
given the authority to review whether the DCI has conducted the
required decennial review of exempted operational files,
consistent with the criteria set forth in the bill, to
determine if any of the exemptions can be removed.
There will be close and continuing Congressional oversight
of the implementation of this legislation. The bill requires
the DCI to file four semi-annual unclassified reports with four
designated Congressional committees describing the status of
CIA processing of FOIA requests. A provision amending the
Privacy Act will prohibit the CIA or any other agency from
using the Privacy Act as an exemption (b)(3) withholding
statute under the FOIA. The DCI is also required to submit a
report by June 1985 on the feasibility of conducting systematic
declassification review of CIA information of historical value
for release to the public.
The CIA does not expect either an increase or decrease in
its costs of processing FOIA requests. The Agency has
committed itself to maintain its current resource allocation
for FOIA processing for two fiscal years with the goal of
substantially reducing, if not eliminating, its two to three
year backlog.
Sincerely,
ohn N. McMahon
Acting Director of Central Intelligence
STAT
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