INTELLIGENCE INFORMATION ACT OF 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00236R000200240016-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 21, 2016
• Document Release Date: November 6, 2008
• Sequence Number: 16
• Publication Date: November 17, 1983
• Content Type: OPEN SOURCE

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CONGRESSIONAL RECORD - SENATE November 17, 1983
INTELLIGENCE INFORMATION
ACT OF 1983
Mr. BAKER. Mr. President, next I
propose that the Senate proceed to
the consideration of Calendar Order
No. 553, if the minority leader has no
objection.
Mr. BYRD. No objection.
Mr. BAKER. Mr. President, I make
that'request.
The PRESIDING OFFICER. The
clerk will report.
The legislative clerk read as follows:
A bill (S. 1324) to amend the National Se-
curity Act of 1947 to regulate public disclo-
sure of information held by the Central In-
telligence Agency.
The PRESIDING OFFICER. Is
there objection to the immediate con-
sideration of the bill? ?
There being no objection, the Senate
proceeded to consider the bill which
had been reported from the Select
Committee on Intelligence, with an
amendment in the nature of a substi-
tute to strike all after the enacting
clause and insert:
That this Act may be cited as the "Intelli-
gence Information Act of 1983".
FINDINGS AND PURPOSES
SEC. 2. (a) The Congress. finds that-
(1) the Freedom of Information Act is pro-
viding the people of the United States with
and Important means of acquiring informs-
; :on concerning the workings and decision-
'eluding the Central Intelligence Agency:
(2) the full application of the Freedom of
Information Act to the Central Intelligence
Agency is, however, imposing unique and se-
rious burdens on this Agency;
(3) the processing of a Freedom of Infor-
mation Act request by the Central Intelli-
gence Agency normally requires the search
of numerous systems of records for informa-
tion responsive to the request:
(4) the review of responsive information
located in operational files which concerns
sources and methods utilized in intelligence
operations can only be accomplished by
senior intelligence officers'having the neces-
sary operational training and expertise;
(5) the Central Intelligence Agency must
fully process all requests for information,
even when the requester seeks information
which clearly cannot be released for reasons
of national security;
(6) release of information out of oper-
ational files risks the compromise of intelli-
gence sources and methods;
(7) eight years of experience under the
amended Freedom of Information Act has
demonstrated that this time-consuming and
burdensome search and review of operation-
al files has resulted in the proper withhold-
ing of information contained in such files,
and, therefore, the Central Intelligence
Agency should no longer be required to
expend valuable manpower and other re-
sources in the search and review of Informa-
tion in these files;
(8) the full application of the Freedom of
Information Act to the Central Intelligence
Agency, is perceived by those who cooperate
with the United States Government as con-
stituting a means by which their coopera-
tion and the information they provide may
be disclosed:
(9) information concerning the means -by
which intelligence is gathered generally is
not necessary for public debate on the de-
fense and foreign policies of the United
States, but information gathered by the
Central Intelligence Agency should remain
accessible to requesters, subject to existing
exemptions under law;
(10) the organization of Central Intelli-
gence Agency records allows the exclusion
of operational files from the search and
review requirements of the Freedom of In-
formation Act while leaving files containing
information gathered through intelligence
operations accessible to requesters, subject
to existing exemptions under law; and
(11) the full application of the Freedom of
Information Act to the Central Intelligence
Agency results in inordinate delays and the
inability of the Agency to respond to re-
quests for information in a timely fashion.
(b) The purposes of this Act are-
(1) to protect the ability of the public to
request information from the Central Intel-
ligence Agency under the Freedom of Infor-
mation Intelligence Agency under the Free-
dom of Information Act to the extent that
such requests do not require the search and
review of operational files;
(2) to protect the right of individual
United States citizens and permanent resi-
dent aliens to request information on them-
selves contained in all categories of files of
the Central Intelligence Agency; and
(3) to provide relief to the Central Intelli-
gence Agency from the burdens of searching
and receiving operational files, so as to im-
prove protection for intelligence sources and
methods and enable this Agency to respond
to the requests of the public for information
in a more-timely and efficient manner.
SEC. 3. (a) The National Security Act of
1947 is amended by adding at the end there-
of the following new title:
TITLE VII-RELEASE OF REQUESTED
INFORMATION TO THE PUBLIC BY
THE CENTRAL INTELLIGENCE
AGENCY
"DESIGNATION OF FILES BY THE DIRECTOR OF
CENTRAL INTELLIGENCE AS EXEMPT FROM
SEARCH, REVIEW, PUBLICATION, OR DISCLO-
SURE
"SEC. 701. (a) In furtherance of the re-
sponsibility of the Director of Central Intel-
ligence to protect intelligence sources and
methods from unauthorized disclosure as
set forth in section 102(d)(3) of this Act (50
U.S.C. 403(d)(3)) and section 6 of the Cen-
tral Intelligence Agency Act of 1949 (50
U.S.C. 403g), operational files located in the
Directorate of Operations, Directorate for
Science and Technology, and Office of Secu-
rity of the Central Intelligence Agency shall
be exempted from the provisions of the
Freedom of Information Act which require
publication or disclosure, or search or
review in connection therewith, If such files
have been specifically designated by the Di-
rector of Central Intelligence to be-
"(1) files of the Directorate of Operations
which document foreign intelligence or
counterintelligence operations or intelli-
gence or security liaison arrangements or in-
formation exchanges with foreign govern-
ments or their intelligence or security serv-
ices; or
"(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; or
"(3) files of the Office of Security which
document investigations conducted to deter-
mine the suitability of potential foreign in-
telligence or counterintelligence sources:
Provided, however, That nondesignated files
which may contain information derived or
disseminated from designated operational
files shall be subject to search and review.
The inclusion of information from oper-
ational files in nondesignated files shall not
affect the designation of the originating
operational files as exempt from search,
review, publication, or disclosure: Provided
further, That the designation of any oper-
ational files shall not prevent the search
and review of such files for information con-
cerning any special activity the existence of
which is not exempt from disclosure under
the provisions of the Freedom of Informa-
tion Act or for information reviewed and
relied upon in an investigation by the intel-
ligence committees of the Congress, the In-
telligence Oversight Board, the Office of
General Counsel of the Central Intelligence
Agency, the Office of Inspector General of
the Central Intelligence Agency, or the
Office of the Director of Central Intelli-
gence for any impropriety, or violation of
law, Executive order, or Presidential direc-
tive in the conduct of an intelligence activi-
ty.
"(b) The provisions of this section shall
not be superseded except by a provision of
law which is enacted after the date of enact-
ment of this section and "which specifically
cites and repeals or modifies its provisions.
"(c) Notwithstanding subsection (a) of
this section, proper requests by United
States citizens, or by aliens lawfully ad-
mitted for permanent residence in the
United States, for information concerning
themselves, made pursuant to the Privacy
Act of 1974 (5 U.S.C. 552a) or the Freedom
of Information Act (5 U.S.C. 552), shall be
processed in accordance with those Acts.
"(d) The Director of Central Intelligence
shall promulgate regulations to implement
this section.
"(1) Such regulations shall require the ap-
propriate Deputy Directors or Office Head
to- . ?
"(A) specifically identify categories of files
under their control which they recommend
for designation;
"(B) explain the basis for their recommen-
dations; and
"(C) set forth procedures consistent with
the statutory criteria in subsection (a)
which would govern the inclusion of docu-
ments in designated files. Recommended
designations, portions of which may be clas-
sified, shall become effective upon written
approval of the Director of Central Intelli-
gence.
"(2) Such regulations shall further pro-
vide procedures and criteria for the review
of each designation not less than once every
ten years to determine whether such desig-
nation may be removed from any category
of files or any portion thereof. Such criteria
shall include consideration of the historical
value or other public interest in the the sub-
ject matter of the particular category of
files or portion thereof and the potential for
declassifying a significant part of the infor-
mation contained therein.
"(e)(i) On the complaint under section
552(a)(4)(B) of title 5, United States Code,
that the Agency has improperly withheld
records because of improper designation of
files or improper placement of records
solely in designated files, the review of the
district court, notwithstanding any other
provision of law shall be limited to a deter-
mination whether the Agency regulations
implementing subsection (a) conform to the
statutory criteria set forth in that subsec-
tion for designating files unless the com-
plaint is supported by an affidavit, based on
personnal knowledge or otherwise admissa.
ble evidence, which makes a prima facie
showing that-
"(A) a specific file containing the records
requested was improperly designated; or
"(B) the records requested were improper-
ly placed solely in designated files.
If the court finds a prima facie showing has
been made under this subsection, it shall
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November 17, 1983 CONGRESSIONAL RECORD - SENATE
order the Agency to file a sworn response,
which may be filed In camera and ex parte,
and the court shall make its determination
based upon these submissions and submis-
sions by the plaintiff. If the court finds
under this subsection that the regulations
of the Agency implementing subsection (a)
of this section do not conform to the statu-
tory criteria set forth in that subsection for
designating files, or finds that the Agency
has improperly designated a file or improp-
erly placed records solely in designated files,
the court shall order the Agency to search
the particular designated file for the re-
quested records in accordance with the pro-
and to review such records under the ex-
emptions pursuant to section 552(b) of title
5, United States Code. If at any time during
such proceedings the Agency agrees to
search designated files for the requested
records, the court shall dismiss the cause of
action based on this subsection.
"(2) On complaint under section
552(a)(4)(B) of title 5, United States Code,
that the agency has improperly withheld
records because of failure to comply with
the regulations adopted pursuant to subsec-
tion (d)(2), the review of the court shall be
limited to determining whether the Agency
considered the criteria set forth in such reg-
ulations.".
(b) The table of contents at the beginning
of such Act is amended by adding at the end
thereof the following:
"TITLE VII-RELEASE OF REQUESTED
INFORMATION TO THE PUBLIC BY
THE CENTRAL INTELLIGENCE
AGENCY
"Sec. 701. Designation of files by the Direc-
tor of Central Intelligence as
exempt from search, review,
publication, or disclosure.".
SEC. 4. The amendments made by section 3
shall be effective upon enactment of this
Act and shall apply with respect to any re-
quest for records, whether or not such re-
quest was made prior to such enactment,
and shall apply to all cases and proceedings
pending before a court of the United States
on the date of such enactment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment in the nature of a substitute.
The amendment in the nature of a
substitute was agreed to.
Mr. GOLDWATER. Mr. President, I
rise in support of S. 1324, a bill amend-
ing the National Security Act of 1947.
This legislation will relieve the CIA
from the overwhelming burden of
searching and reviewing certain oper-
ational files under the Freedom of In-
formation Act. In turn, this relief will
enable the Agency to become more ef-
ficient so that other FOIA requests
may be answered speedly.
S. 1324 was reported frpm the
Senate Select Committee on Intelli-
gence earlier this month with every
single Senator on the committee
voting in favor of it. And the reason
this legislation was supported by all 15
Members of our committee was be-
cause we took great care drafting this
legislation and its accompanying
report.
On June 21 and June 28, we held
e?pen hearings 'on S. 1324. The Central
Intelligence Agency, American Bar As-
sociation, American Civil Liberties
Ii pion, Association of Former Intelli-
gence Officers, newspaper publishers,
historians, and journalists were all
here to provide comment. And we lis-
tened. And then we went back and dis-
cussed some more how we could ad-
dress all these interests.
These negotiations and discussions
were very successful because everyone
went away with most of what they
needed. Reaching unanimous agree-
ment on this bill is a good example of
how our democratic process should
work. Everyone gave a little and in the
long run got a lot more in return.
The CIA is getting relief from the
almost impossible burden the FOIA
has placed on it, burdens which I do
not think Congress really contemplat-
ed when it passed the 1974 amend-
ments.
Presently, FOIA mandates that if
someone requests all the information
on a certain subject, all the files have
to be located. In an intelligence
agency, most of the information is
classified. But that does not end the
agency's job. As experienced person
must go through stacks and stacks of
these papers-sometimes they are
many feet tall-to justify why almost
every single sentence should not be re-
leased. If this is not done well, a court
could order the information released.
However, very little information, if
any, is ever released from operational
files when the requestor seeks infor-
mation concerning the sources and
methods used to collect intelligence.
Even then, the information released is
usually fragmented.
Also, there is always the risk that
there will be a mistaken disclosure or
that some court may order the release
of information which could reveal a
source's identity or a liaison relation-
ship. That is why only these most sen-
sitive operational files would be
exempt from search'and review under
the provisions of my bill.
The FOIA requestors will get some-
thing in return. They are going to get
better service. I have talked with the
CIA and they have agreed not to
reduce the budgetary and personnel
allocation for FOIA processing for 2
years immediately following passage
of this bill. This means that, to the
extent that resources are freed up as a
result of S. 1324, the Agency will uti-
lize those resources for FOIA process-
ing.
I particularly want to thank Sena-
tors DURENBERGER, LEAHY, and HUD-
DLESTON for their time and interest in
helping the committee reach agree-
ment on this bill. I thank all 15 com-
mittee members for their support of S.
1324 and ask my colleagues to support
its passage at this time.
Mr. MOYNIHAN. Mr. President, I
support S. 1324, the Intelligence Infor-
mation Act of 1983. I wish to commend
the chief sponsor of S. 1324, the senior
Senator from Arizona (Mr. GOLD-
WATER), the distinguished chairman of
the Select Committee on Intelligence.
The committee is grateful for his lead-
ership in bringing to fruition our long-
standing effort to formulate legisla-
S 16743
tion which strikes a proper balance be-
tween the security requirements of the
Central Intelligence Agency and the
public's right to know. This undertak-
ing began in earnest in 1980 when the
distinguished Senator from Kentucky
(Mr. HUDDLESTON) introduced the In-
telligence Charter bill, which included
additional exemptive relief from the
Freedom of Information Act for the
CIA (S. 2284, 96th Congress). At the
same time, I offered a bill providing a
similar exemption for all intelligence
agencies (S. 2216). Unfortunately, the
press of time on other matters pre-
vented the committee from taking any
action.
In the last Congress, Senator CHAFEE
introduced S. 1273, which provided an
exemption essentially the same as the
one in my earlier bill. The committee
held hearings in July 1981, but we en-
countered an impasse. The CIA reject-
ed the limited relief provided in that
bill, asserting that FOIA was funda-
mentally incompatible with the Agen-
cy's mission and insisting on nothing
less than a virtually complete exemp-
tion from the act.
On that occasion, I noted that I was
not prepared to accept the suggestion
that subjecting the CIA to a public
disclosure statute was an absurdity.
Rather, I offered this alternative
thesis: That the application of the
freedom of information concept to the
Agency is a paradox; that is to say,
while seemingly a contradiction in
terms, in reality it expresses a great
truth. It is a truth reflected in our
constitutional tradition of balancing
the requirements of secrecy in nation-
al security matters with other values
including those of free speech and
press. We see this manifested in the
extent of congressional oversight of
our intelligence community, which is
unique in the world. The accountabil-
ity of our intelligence agencies to
standards of conduct stipulated in
statutes and in a public Executive
order is equally singular.
The Freedom of Information Act is
in keeping with this tradition. In large
measure, it is an attempt-perhaps an
imperfect one-to find a prudent way
to reconcile the need for people to
know about the workings of their Gov-
ernment, which is implicit in the first
amendment, and the need for secrecy
in 'certain national security matters,
which is vital to the survival of our
country. Thus, Congress exempted our
intelligence agencies from the act, but
only to the extent thought necessary
to protect sources and methods and
properly classified information.
So I then urged my colleagues to
keep the American character of our in-
telligence service in mind as we stud-
ied the important issues raised in the
FOIA debate. I further suggested that
any broadening of current exemptions
should be commensurate to the need
as demonstrated by the evidence.
The Intelligence Information Act of
1983 (S. 1324) was drafted in this
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S 16744 CONGRESSIONAL RECORD - SENATE
spirit. And it was in this spirit that our
chairman, the Senator from Arizona,
worked so diligently to accommodate
the legitimate concerns of the wit-
nesses at our public hearings and our
colleagues on the committee. Thus,
several amendments were incorporated
in the substitute bill which we ordered
reported to the Senate. Three of these
are of especial importance:
First, the amended bill assures that
the CIA's new exemptive authority
will be subject to judicial review. A
court will have jurisdiction to deter-
mine whether implementing regula-
tions conform to statutory criteria;
that is to say, whether they have a
rational' basis. Broader review is re-
quired if a plaintiff makes a prima
facie showing that a specific file was
improperly designated or that a docu-
ment was improperly placed in a desig-
nated file. This preliminary threshold
was considered appropriate in light of
the special source and method sensi-
tivity of operational files. Upon a
proper showing, tlae court must order
the Agency to file a sworn response,
which may be in camera and ex parte
if it contains classified information,
and must order an appropriate search
if it finds against the Agency.
Second, the amended bill makes it
clear that any information reviewed
and relied upon in an official investi-
gation of any alleged improper or il-
legal intelligence activity will remain
subject to search and review under
FOIA, even if found exclusively in an
exempt designated file. It is under-
stood and agreed that any record in
such a file which is relevant to an in-
vestigation, but was overlooked or de-
liberately withheld, would be accessi-
ble through the judicial review provi-
sions of the bill. Such a record would
be deemed improperly placed in an
exempt designated file:
The third amendment requires that
implementing regulations provide pro-
cedures and criteria for the review of
each exemption designation not less
than once every 10 years. The criteria
will include the historical or other
public interest value of the subject
matter of the file and the potential for
declassifying a significant part of the
contents. In this connection, the Di-
rector of Central Intelligence, Mr.
Casey, has indicated his willingness to
expand the CIA's rather limited pro-
gram for reviewing and declassifying
historical intelligence files. I certainly
will join in efforts to assure that ade-
quate resources are provided.
I am pleased that the CIA has ex-
pressed its support for the measured
approach to the Freedom of Informa-
tion Act represented by S. 1324, as
amended. The Agency's cooperation
with the committee in finding compro-
mises on difficult issues has resulted
in a bill which should serve the public
interest in more efficient processing of
FOIA requests, while giving better
protection to intelligence sources and
methods. I wish also to thank my dis-
tinguished colleagues, the Senator
from Vermont (Mr. LEAHY), the Sena
for from Kentucky (Mr. HUDDLESTON),
the Senator from Minnesota (Mr. DuR-
ENBERGER), and the Senator from
Hawaii (Mr. INouYE) for the sugges-
tions we incorporated in, this legisla-
tion. ?
Mr. President, I believe that the
amendments to this legislation consti-
tute ? significant improvements. The
committee shares this view as evi-
denced by its unanimous vote to
report S. 1324 favorably to the Senate.
I urge that our colleagues join us in
supporting passage of this bill.
Mr. DURENBERGER. Mr. Presi-
dent, the bill before us today is a clear
signal that the system works. It dem-
onstrates a strong oversight role by
the Senate in matters of intelligence;
it validates the principles which un-
derlie the Freedom of Information
Act; and it recognizes the compelling
need to provide security for those mat-
ters which must remain secure, while
insuring the maximum possible public
understanding of the role which our
intelligence agencies play in policy. In
short, the bill is a sound balancing of
the need for information and the need
for security.
I'd like briefly to remind my col-
leagues of just how far we have come
with this measure. I clearly recognize
that there are legitimate limits on,
and exemptions from, the FOIA when
we are dealing with intelligence mat-
ters. However, as introduced, S. 1324
did not adequately address certain im-
portant concerns.
In a statement before the committee
on June 28, I expressed my reserva-
tions about these specific issues. I felt
that the initial proposal could have
denied to historians and other ana-
lysts needed information which could
inform future generations; that it
could have been misinterpreted, ironi-
cally, to prevent the release of infor-
mation already declassified; and that
it could have been construed as an ab-
solute claim of exemption from judi-
cial review.
I was not alone, in these. and other
concerns. As a result, several of 'us on
the committee spent many hours dis-
cussing these important issues. The
result, after prolonged discussions
with Director Casey and others, is the
bill before us today. I think it is a good
piece of work, and that it deserves our
support.
Let me close by noting one aspect of
this bill which I feel merits special at-
tention-the procedures created to
permit the maximum possible research
by historians and others.
. Policyinakers assume office with a
fixed amount of intellectual capital.
They draw on-- that capital over time
when making crucial decisions. If they
lack a sufficient understanding of how
the processes of government have
failed in the past, they are likely to
make avoidable mistakes. It is impera-
tive for sound Government that those
who serve have the best possible un-
derstanding of history and policy. The
November 17, 1989
better the understanding, the better
the performance on the job.
Persons who devote an entire career
to one agency or bureaucracy are
likely to develop that kind of under-
standing over time. But senior officials
-of the Government, who are appointed
from other positions, must bring that
knowledge with them. They can only
get it through a lifetime of study,'"
reading, education, and reflection.
I do not want to suggest that history
always repeats itself. It does not. But
patterns of behavior can often reoc-
cur. That is why for instance, scholars
and others spend so much time com-
paring and contrasting such things as
the crises which led to World War I
and World War II. The differences
among these crises are important, and
they inform much of our ongoing
debate about things like deterrence,
crisis management, and defense budg-
ets. We all benefit from the ' massive
research which has gone into those
and other major events.
When a vital policy area is potential-
ly exempt from all study, however, re-
gardless of specifics, nobody benefits.
Who among us does not wish that the
senior officials charged with final au-
thorization for the Bay of Pigs fiasco
had spent a little more time reading
and thinking about the limits of para-
military operations? And who among
us does not think that the decision to
declassify sensitive information during'
the Cuban missile crisis was a major
factor in both resolving that crisis an
contributing to greater public under-
standing of the importance of good in
telligence?
Had this legislation continued to
deny access to selective historical files,
nobody would have been well served.
But in early October, Director Casey
made an important concession when
he wrote to me stating that the CIA
-would cooperate with the Archivist
and other historicans in the selective
declassification of older files which are
historically significant. Director Casey
asked only for the extra money to hire
more historians to assist in that
matter. He is entitled to that funding,
and this bill provides for ? it. It is
money which is truly spent in the
public interest, and I want once again
to congratulate Bill Casey for his will-
ingness to work with us on this and
other matters.
Mr. President,, I believe that the
work which -went into this bill shows
that the public can continue to have
full faith and confidence in its intelli-
gence agencies and in the committees
which oversee those- agencies. I hope
that we will pass the bill quickly.
Mr. THURMOND. Mr. President, I
rise in strong support of S. 1324, the
Intelligence Information Act of 1983,
as reported by the Select Committge '
on Intelligence. I was pleased to join
the distinguished Senator from Arizo-
na, Chairman GOLDWATER, as an origi-
nal cosponsor of this measure whenSlt'
was introduced last spring.
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November 17, 1983 CONGRESSIONAL RECORD - SENATE
S. 1324 minimizes the expensive and
burdensome task currently imposed on
the Central Intelligence Agency, of
searching reams of documents in re-
sponse to requests under the Freedom
of Information Act, where virtually no
useful information would be subject to
disclosure under that act. After receiv-
ing testimony from a variety of wit-
nesses, the Intelligence Committee de-
veloped amendments which address
certain concerns, while preserving the
original goals behind the bill. The fact
that it was reported by the committee
unanimously indicates that it satisfies
a wide variety of views and appropri-
ately balances the universal interests
in encouraging open Government, the
national security, and efficiency. -
I commend the chairman of the
committee and his staff for the excel-
lent work that they have done on this
legislation. Through their diligence,
work on this bill has been expeditious.
It is my hope that the Senate will also
be able to act on the Freedom of In-
formation Reform Act reported by the
Judiciary Committee, in the very near
future.
In the interest of reducing unneces-
sary administrative burdens on the
Central Intelligence Agency, while
preserving open Government, I urge
my colleagues to give this important
measure their full support.
Mr. HUDDLESTON. Mr. President,
b,,fore I discuss the bill as a whole, I
would like to address a question to the
sponsor (Mr. GOLDWATER), the chair-
man of the Select Committee on Intel-
ligence. There is a provision in the bill
which states that "the designation of
any operational files shall not prevent
,the search and review of such files for
information concerning any special ac-
tivity the existence of which is not
exempt from disclosure under the pro-
visions of the Freedom of Information
Act." My question deals with the legal
requirements under the provisions of
the Freedom of Information Act for
determining whether the existence of
a special activity is or is not exempt
from disclosure. I understand that this
is an issue in pending litigation and
that various arguments may be made
in these and future cases. It is correct
that neither this bill nor the report of
the Select Committee attempts in any
way to address or resolve these issues,
except to note that "[c]ourts have
held that where an authorized execu-
tive branch official has officially and
publically acknowledged the existence
or nonexistence of a specific special
activity the existence of that special
activity is no longer a classified fact
exempt from disclosure under the pro- tion Act and the public's need for
Mr. GOLDWATER. That is correct.
Mr. HUDDLESTON. Mr. President,
I want to express my full support for
enactment of the Intelligence Infor-
mation Act, as reported by the Intelli-
gence Committee, and my gratitude to
the sponsor, Senator GOLDWATER, for
aking into account the concerns ex-
pressed by representatives of the news
media, historians, and civil liberties
groups, as well as others interested in
public access to Government informa-
tion. .
In 1980 I introduced one of the first
bills to exempt the CIA's operational
files from search and review under the
Freedom of Information Act. That bill
was the National Intelligence Act of
1980, the comprehensive intelligence
charter legislation developed in con-
sultation with the intelligence commu-
nity. It would have been better, in my
view, to consider this issue as part of
an intelligence charter that laid down
clear legislative standards for intelli-
gence operations, especially those that
might affect the rights of Americans.
The CIA relies for its legal authority
on the sketchy provisions of the Na-
tional Security Act of 1947. In recent
years we have added two new signifi-
cant provisions to the 1947 act, and
this bill will be a third. These addi-
tions to the 1947 act implement key
recommendations from the charter
legislation:
The first provision dealt with con-
gressional oversight. In 1980 the
Senate passed the Intelligence Over-
sight Act, which was subsequently en-
acted as part of the Intelligence Au-
thorization Act for Fiscal Year 1981. It
amended the National Security Act of
1947 to add a new section setting forth
the duties and responsibilities of the
intelligence agencies to keep the
House and Senate Intelligence Com-
mittees "fully and currently informed
of all intelligence activities" and to
provide prior notice of "any significant
anticipated intelligence activity" such
as covert action operations.
'In 1982, the Congress adopted the
Intelligence Identities Protection Act,
which amended the 1947 act to pro-
vide criminal penalties for disclosure
by current and former government
employees of the identities of covert
intelligence agents. The new criminal
penalties also applied to such disclo-
sures by other persons under very
stringent standards requiring proof of
' a, pattern of activities intended to
identify and expose covert agents."
The bill before us today would con-
tinue this process of expanding the-
1947 act to include important provi-
sions from the charter legislation. The
new provisions on release of requested
information to the public by the Cen-
tral Intelligence Agency are designed
to serve both the CIA's desire for some
relief from current requirements to
search and review highly sensitive
operational files in response to re-
quests under the Freedom of Informa-
more timely release of information
from CIA files.
The report on the bill filed by the
Select Committee on Intelligence, and
the additional views of Senators DUR-
ENBERGER, INOUYE, LEAHY, and myself
explain in detail how the bill is intend-
ed to work. I urge everyone concerned
about this problem to look at the
report and to consider as well the as-
S 16745
surances and commitments made by
the CIA and the select committee.
The basic point we have tried to
make is that the bill should preserve
public access for search and review of
those CIA files that are likely to con-
tain releasable information. Specific
provisions of the bill insure continued
search and review for information
about certain CIA covert action oper-
ations, illegal or improper intelligence
activities, other historically significant
matters, and U.S. citizens or resident
aliens who request information on
themselves. Moreover, the procedures
for judicial review guarantee that the
CIA will not be the sole judge of
whether its decisions comply with the
requirements of the law.
Finally, we have stressed importance
of this bill for enhancing the CIA's re-
sponsiveness to FOIA requests infor-
mation in its files that remains accessi-
ble for search and review under the
bill. Because of the assurances given
by the CIA and the commitments
made by the select committee in its
report, this bill should be a positive
gain for the principles of freedom of
information.
This kind of balanced and construc-
tive legislation strengthens the statu-
tory framework for our intelligence
agencies. It demonstrates that the
Congress has the ability to follow
through on the intelligence charter
agenda that was developed by 1980.
There is, however, more on that
agenda that should be considered by
the Congress.
I support the Intelligence Informa-
tion Act, therefore, as part of a con-
tinuing process of building a complete
and up-to-date statutory framework
for the conduct of U.S. intelligence ac-
tivities. And I look forward to joining
with other members of the select com-
mittee in examining other areas where
legislation can clarify the authority
and enhance the legitimacy of our in-
telligence community..
Mr.'LEAHY. I would like to ask the
sponsor of the bill, Senator' GOLD-
WATER, a question about the section of
the report of the Select Committee on
Intelligence that deals with actions to
improve CIA responsiveness to FOIA
requests. In that section, the select
committee states that it "has request-
ed the CIA to provide a specific pro-
gram of administrative measures the
Agency will take to improve processing
of FOIA requests following enactment
of this legislation" and that "this pro-
gram should include a detailed plan
for eliminating the present backlog of
FOLA requests and a description of
the bill's impact on the Agency's on-
going efforts to process promptly
those requests that do not require ex-
tensive search, review, and coordina-
tion and to . expedite other requests
under criteria established by the Jus-
tice Department."
The report also states: "With respect
to the allocation of resources and per-
sonnel freed by the bill's impact on
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CONGRESSIONAL RECORD - SENATE November 17, 1983
search and review requirements, the
committee requests the Agency to ap-
propriately apply such resources and
personnel to the task of eliminating
the present backlog. To accomplish
this, the committee expects the
Agency not to reduce its budgetary
and personnel allocation for FOIA
during the period of 2 years immedi-
ately following enactment of this legis-
lation."
. Is it correct that the CIA has agreed
to these requests for a program and
for resource allocations?
Mr. GOLDWATER. That is correct,
after the bill is enacted.
Mr. LEAHY. I thank the chairman,
and I want to stress the importance of
these commitments by the CIA.
The PRESIDING OFFICER. Is
there any further discussion?
Without objection, the bill is or-
dered to be engrossed for a third read-
ing and to be read the third time.
The bill (S. 1324) was ordered to be
engrossed for a third reading, was read
the third time, and passed.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
k'AUTHORIZATION OF APPROPRI-
ATIONS FOR CERTAIN WILD-
LIFE REFUGES
Mr. BAKER. Mr. President, if the
minority leader does not object, I ask
unanimous consent that the Senate
turn to consideration of Calendar
Order No. 148 H.R. 1723.
Mr. BYRD. Mr. President, there is
no objection.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The Senate proceeded to consider
the bill, H.R. 1723, to authorize appro-
priations through fiscal year 1986 for
the Great Dismal Swamp, Minnesota
Valley, and San Francisco Bay Nation-
al Wildlife Refuges.
AMENDMENT NO. 2646
(Purpose: To make authorized funds availa-
ble until expended and to expand boun-
daries of Minnesota Valley National Wild-
life Refuge)
Mr. BAKER. Mr. President, I send
an amendment to the desk on behalf
of Senator CHAFEE for himself, Mr.
DURENBERGER, and Mr. STAFFORD, and
ask for its immediate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
The Senator from Tennessee (Mr. BAKER),
for Mr. CHAFES, Mr. DURENBERGER, and Mr.
STAFFORD, proposes an amendment num-
bered 2646.
Mr. BAKER. I ask unanimous con-
sent that further reading be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
Amendments to Section 1. Great Dismal
Swamp National Wildlife Refuge.
On page 1, line 7, insert "as amended," im-
mediately before "is".
On page 2, line 1, strike "$34,100,000".
On page 2, line 2, strike "and ending Sep-
tember 30, 1986" and insert in lieu thereof
"$34,100,000, to remain available until ex-
pended".
Amendments to Section 2. Minnesota
Valley National Wildlife Refuge.
On page 2, line 7, strike all through line
19, and insert in lieu thereof the following:
"(a) Section 4(a)(1) of the Act entitled the
'Minnesota Valley National Wildlife Refuge
Act', approved October 8, 1976 (Public Law
97-466, 90 Stat. 1993), is amended by-
"(1) striking '9,500' and inserting in lieu
thereof '12,500'; and
"(2) striking 'November 1975' and insert-
ing in lieu thereof 'October 1983'.
"(b) Section 4(b)(1) of such Act of October
8, 1976 (90 Stat. 1993), is amended by-
"(1) striking ', within 6 years after the
date of enactment of this Act,'; and
"(2) adding at the end thereof the follow-
ing new sentence: 'Notwithstanding any
"least interest" policy, the Secretary shall
accept and acquire by donation any lands,
water, and interests therein, within the
boundaries of the refuge, which are offered
as a donation by any State or local govern-
ment agency, person, or private organiza-
tion.'.
"(c) Section 10(a) of such Act of October
8, 1976 (90 Stat. 1996), is amended by strik-
ing out'$14,500,000 for the period beginning
October 1, 1977, and ending September 30,
1983' and inserting in lieu thereof
'$29,500,000, to remain available until ex-
pended'.
"(d) Section 10(b) of such Act of October
8, 1976 (90 Stat. 1996), is amended by strik-
ing out '$6,000,000 for the period beginning
October 1, 1977, and ending September 30,
1986' and inserting in lieu thereof
'$9,000,000, to remain available until 'ex-
pended'.
Amendments to section 3. San Francisco
Bay National Wildlife Refuge.
On page 3, line 1, insert "as amended," im-
mediately before "is" and insert "the close
of" immediately after the quotation mark
following "out".
On page 3, line 2, strike "September 30,
1986" and insert in lieu thereof "expended".
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No. 2646) was
agreed to.
The PRESIDING OFFICER. If
there be no further amendment to be
proposed, the question is on the en-
grossment of the amendment and the
third reading of the bill.
The amendment was ordered to be
engrossed and the bill to be read a
third time. The bill was read the third
time and passed.
Mr. BAKER. I move to reconsider
the vote by which the bill was passed.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
BILL HELD AT DESK-H.R. 4336
Mr. BAKER. Mr. President, I ask
unanimous consent that once the
Senate receives from the House, H.R.
4336, a bill to make certain miscella-
neous changes in laws relating to the
civil service, it be . held at the desk
pending further disposition.
Mr. BYRD. I have no objection, Mr.
President.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION
OCEAN AND COASTAL PRO-
GRAM AUTHORIZATION ACT
Mr. BAKER. Mr. President, I ask
that the Chair lay before the Senate a
message from the House of Repre-
sentatives on S. 1098.
The PRESIDING OFFICER lai&
before the Senate the following mes-
sage from the House of Representa-
tives:
Resolved, That the bill from the Senate
(S. 1098) entitled "An Act to consolidate and
authorize certain ocean and coastal pro-
grams and functions of the National Ocean-
ic and Atmospheric Administration under
the Department of Commerce", do pass
with the following amendment:
Strike out all after the enacting clause
and insert: That this Act may, be cited as the
"National Oceanic and Atmospheric Admin-
istration Ocean and Coastal Program Au-
thorization Act".
TITLE I-NONLIVING MARINE
RESOURCES
AUTHORIZATION
SEC. 101. There are authorized to be appro-
priated to the Department of Commerce to
enable the National Oceanic and Atmos-
pheric Administration to carry out its non-
living marine resource duties under saw,
$800,000 for fiscal year 1984. Moneys apZFro-
pri.ated pursuant to this authorization shill
entitled "An Act to define the functions and
duties of the Coast and Geodetic Survey,
and for other purposes", approved August i6,
?1947, as amended (33 U.S.C. 883a), and any
other law involving such duties. Such duties
include, but are not limited to, polymetallic
sulfide analyses and research.
TITLE.II-NATIONAL SEA GRANT
COLLEGE PROGRAM
AUTHORIZATION
SEc. 201. (a) Section 212 of the National
Sea Grant Program Act (33 U.S.C. 1131) is
amended by inserting immediately after
paragraph (3) the following-new paragraph:
"(4) Not to exceed $42,000,000 for fiscal
year 1984 and not to exceed $46,000,000 for
fiscal year 1985."
(b) Section 3(c) of the S'iea Grant Program
Improvement Act of 1976 (33 U.S.C.
1124a(c)) is amended by inserting immedi-
ately after paragraph (3) the following new
paragraph..
"(4) For fiscal years 1984 and 1985, not to
exceed $1,000,000 in each fiscal year appro-
priated pursuant to section 212 of the. Na-
tional Sea Grant Program Act may be avail-
able to carry out this section. ".
TITLE III-OCEAN THERMAL ENERGY
CONVERSION ACT
AUTHORIZATION
SEc. 301. Section 406 of the Ocean Thermal
Energy Conversion Act of 1980 (Public Law
96-320) is amended-
(1) by striking out "and",* and
(2) by striking out "1983. " and inserting
in lieu thereof "1983, not to exceed $620,000
for the fiscal year ending September 30,
1984, and not to exceed $800,000 for Ske
fiscal year ending September 30, 1985."
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