STATEMENT OF JOHN H. WRIGHT OF THE CENTRAL INTELLIGENCE AGENCY BEFORE THE SUBCOMMITTEE ON TECHNOLOGY AND THE LAW OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B00389R000500190008-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 23, 2016
• Document Release Date: January 3, 2013
• Sequence Number: 8
• Publication Date: August 2, 1988
• Content Type: MISC

Declassified and Approved For Release 2013/01/03: CIA-RDP91 B00389R000500190008-9
STNTEhiENT OF
JOHN H . I~JRIGHT
OF THE
CENTRAL INTELLIGENCE AGENCY
BEFORE THE
SUBCOMMITTEE ON TECHNOLOGY AND THE LAW
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
. 2 AUGUST 1988
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'IP,. CHAIRMAfJ, APJD MEMBEt~S OF THE SUBCOMMITTEE ON TECHNOLOGY
AND THE LAW, I AM PLEASED TO APPEAR HERE TODAY TO OUTLIPJE FOR
YOU SOh1E QF CIA'S RECEiJT EXPERIENCES AhJD ACHIEVEMEiJTS IN
RESPONDING TO FOIA REQUESTS FROM THE PUBLIC APJD TO DESCRIBE THE
STEPS WE NAVE TAKEPJ IPJ CIA TO IMPLEMENT THE PROVISIOPJS OF THE
FOIA REFORM ACT OF 1986. I SERVE AS INFORMATION AND PRIVACY
COORDIPJATOR FOR CIA AND AM RESPQf?JSIBLE FGR PROCESSING REQUESTS
FOR INFORMATION SUBMITTED NOT ONLY UNDER THE FOIA BUT ALSO
UNDER THE PRIVACY ACT AND THE MANDATORY DECLASSIFICATION REVIEW
PROVISION S. OF EXECUTIVE ORDER 1256 AS WELL. I WOULD FIRST
LIKE TO DESCRIBE SOME OF THE UNIQUE ASPECTS OF OUR PROGRAM,
SOME OF THE SPECIAL PROBLEMS WE FACE IN CARRYING OUT OUR
RESPONSIBILITIES UNDER THE ACTS, AND CONCLUDE BY DISCUSSING THE
IMPACT OF RECENT LEGISLATION. INCLUDING THE REFORM ACT. ON THE
OVERALL CONDUCT OF OUR PROGRRM.
THE CIA CURRENTLY EXPENDS APPROXIMATELY 100 MAN-YEARS
APJNUALLY IN RESPONDING TO INFORMATION REQUESTS SUBMITTED BY THE
PUBLIC. ABOUT HALF OF THE INFORMATION REQUESTS RECEIVED ARE
SUBMITTED UNDER THE FOIA: THE REMAINING HALF OF THE REQUESTS
RECEIVED ARE~PRIVACY ACT AND MANDATORY DECLASSIFICATION REVIEW
REQUESTS. WE FACE SPECIAL DIFFICULTIES IN RESPONDING TO
INFORMATION REQUESTS BECAUSE OF THE NATURE AND MISSION OF OUP,
ORGANIZATI0IJ. THE FIRST DIFFICULTY IS TtiAT THE RECORDS-SYSTEMS
WHICH WE MUST SEARCH IN RESPONSE TO INFORMATION REQUESTS ARE
DECENTRALIZED AND HIGHLY DISSIMILAR IN TERMS OF HOW THEY CAN BE
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SEARCHED AND THE PURPOSE FOR WHICH THEY WERE IPJITIALLY
ESTA6LISHED. FURTHER. THE RECORDS SYSTEMS OF THE CIA ARE
DELIBERATELY COMPAi-2TMENTED FOR REASONS OF NATIONAL SECURITY.
WITH ACCESS CONTROLLED ON A STRICTLY NEED-TO-KNOW BASIS. WHEN
RECORDS POTENTIALLY RESPONSIVE TO INFORMATIONI REQUESTS FROM THE
PUBLIC ARE LOCATED IN THE RECORDS SYSTEMS. THEY MUST BE
PAINSTAKINGLY REVIEWED BY SENIOR INTELLIGENCE OFFICERS ON A
LINE-BY-LINE BASIS BECAUSE OF THE HIGHLY SEPJSITIVE NATURE OF
THE INFORMATION THEY. CONTAIN. IN MANY INSTAPJCES. ADDITIOPJAL
REVIEWS MUST BE CONDUCTED BY OTHER CIA COMPONENTS IN ORDER TO
INSURE THAT ALL INFORMATIOP REQUIRING COPJTINUED PROTECTION IS
IDENTIFIED. THE POINT I WISH TO MAKE IS THAT THE RECORDS
REVIEW PROCESS IN CIA IS LABORIOUS. TIME CONSUMING, ANU
EXPENSIVE. THE OVERRIDING CONSIDERATIONS IN THE REVIEW OF
RECORDS TO DETERMINE WHETHER OR NOT THEY ARE RELEASABLE ARE THE
STATUTORY REQUIREMENT LEVIED ON THE DIRECTOR OF CENTRAL
INTELLIGENCE TO PROTECT INTELLIGENCE SOURCES AND METHODS-FROM
UNAUTHORIZED DISCLOSURE AND HIS MANDATE UNDER THE EXECUTIVE
ORDER TO PROTECT CLASSIFIED INFORMATION. THESE MANDATES ARE
TAKEN VERY SERIOUSLY.
DESPITE THE~INHERENT DIFFICULTY CIA FACES IN RESPONDING TO
INFORMATION REQUESTS FROM THE PUBLIC. WE HAVE MADE GREAT
STRIDES IN PROCESSING REQUESTS. OUR~BACKLOG OF OPEN CASES FOR
YEARS WAS MEASURED IN TERMS OF THOUSANDS OF OPEN CASES. THE
BACKLOG STOOD AT 3.146 OPEN CASES AT THE END OF 1983. BUT HAD
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BEEN REDUCED TO 1.454 OPEN CASES BY THE EPJD OF 1J67 -- A
REDUCTION) OF WELL OVER 50 PERCENT. THE BACKLOG TODAY IS EVEN
LOWER ANJD STANDS AT 1390 OPEPJ CASES.
Ec~UALLY DRAMATIC HAS BEEN OUR REDUCTION IN RESPOPJSE TIhiE TO
PROCESS CASES. WHICH AVERAGED ABOUT 15 MONTHS IN 1985. 8UT ONLY
ABOUT ONE AND ONE-HALF MONTHS IN 1967. THESE IMPROVEMENTS IN
PROCESSING PERFORMANCE WERE ACHIEVED DESPITE A 35?~ INCREASE ItJ
THE VOLUME OF INCOMING REQUESTS OVER THE 1963-1987 TIME FRAME.
THE PRINCIPAL FACTOR RESPONSIBLE FOR-OUR IMPROVED
PROCESSING PERFORMANCE WAS THE ENACTMENT OF THE CIA INFORMATION
ACT OF 1'84, WHICH REN~iGVED FROhi THE SEARCH. REVIEW AND
DISCLOSURE REOUI.REMENTS OF THE FOIA CERTAIN SENSITIVE CIA
OPERATIONAL FILES. WE HAD PREVIOUSLY EXPENDED SIGtdIFICANT
RESOURCES IN SEARCHING-FOR AND REVIEWING RECORDS CONTAIPJED IN
THESE FILES ONJLY TO FIND THAT THE LAW EXEMPTED MOST OF THE
INFORMATION-FROM DISCLOSURE ANYWAY. THE CIA INFORMATION ACT
HAS CLEARLY ACHIEVED ITS PURPOSE OF ELIMINATING THIS
UNPRODUCTIVE EXPENDITURE OF RESOURCES. THUS ENABLING THE CIA TO
PROCESS REQUESTS FASTER AND, MORE EFFICIENTLY WITH ESSENTIALLY
NO REDUCTION IN THE AMOUNT OF INFORMATION ULTIMATELY DISCLOSED
TO THE PUBLIC. IN A LETTER TO FORMER DIRECTOR CASEY. DATED 22
OCTOBER 1966.. CONGRESSMAN ENGLISH. CHAIRMAN OF THE SUBCOMMITTEE
ON GOVERNMENT INFORMATION. 7USTICE AND AGRICULTURE STATED: "I
CONGRATULATE YOU -AND THE MEMBERS OF OF THE CENTRAL INTELLIGENCE
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AGENCY'S FREEDOM OF INFORMATION ACT STAFF FOR THE PROGRESS
REFLECTED IN THE FOURTH AND FINAL REPORT FILED UtJDER THE
REQUIREMENTS OF THE CIA INFORMATION ACT of 1984. THE
REDUCTIONS THAT HAVE BEEN ACHIEVED IN BOTH THE BACKLOG OF FOIA
REQUESTS AND IN THE AVERAGE RESPONSE TIME ARE SIZEABLE."
CONGRESSMAN ENGLISH CONCLUDES BY STATING: "THE IMPROVEMENTS
MADE TO DATE FULFILL THE PROMISES MADE AT THE TIF1E THE ORIGIPJAL
LEGISLATION WAS PASSED."
WE UNDERSTAND THAT YOUR PRIMARY INTEREST HERE TODAY IS TO
FOCUS ON IMPLEMENTATION OF THE PROVISIONS OF THE FOIA REFORM
ACT OF 1986. ESPECIALLY THOSE PORTIONS OF THE ACT DEALING WITH
THE DETERMINATIONS OF REQUESTERS' FEE STATUS. ALTHOUGH WE HAVE
ATTEMPTED TO BE AS COMPREHENSIVE AS POSSIBLE IN RESPONDING TO
THE ITEMS CONTAINED IN YOUR LETTER OF 30 JUNE 1988 -- WHICH WAS
RECEIVED IN MY OFFICE ON 19 JULY -- OUR FOIA LOGGING AND
TRACKING SYSTEM IS NOT STRUCTURED TO ENABLE US TO ANSWER
CERTAIN OF THE QUESTIONS YOU HAVE POSED. FURTHER. WE HAVE NOT
HAD SUFFICIENT EXPERIENCE WITH THE DEFORM ACT TO PROVIDE
DEFINITIVE ANSWERS TO OTHERS. NEVERTHELESS. THERE ARE SEVERAL
GENERAL OBSERVATIONS THAT WE CAN MAKE CONCERNING THE IMPACT OF
THE FEE PROVISIONS AND I AM CONFIDENT THAT THESE OBSERVATIONS
WILL BE BORNE OUT AS OUR DATA BASE GROWS.
THE FIRST GENERAL OBSERVATION I WISH TO MAKE IS THAT Tf1E
PERCENTAGE OF FOIA REQUESTERS OF CIA RECORDS WHO ARE ASSESSED
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FEES WILL PROBABLY DECREASE AS A RESULT OF THE PASSAGE OF THE
REFORM ACT. P10ST OF THE REQUESTS RECEIVED ARE SUFFICIENTLY
WELL DEFINED AND SPECIFICALLY FOCUSED SO AS TO BE SERVICEABLE
WITHIPJ THE 100 FREE PAGES OF RELEASABLE MATERIAL APJD TWO HOURS
OF FREE SEARCH TIf~1E. FU~tTHER, WE BELIEVE THAT THE AMOUNT OF
FEES ASSESSED THOSE REQUESTERS WHO DO NOT FALL WITHIN THESE
PARAMENTERS WILL BE LESS THIN THE AVERAGE AMOUIJT PREVIOUSLY
COLLECTED PER REQUESTER. THESE OBSERVATIONS ARE BASED ON MY
EXPERIENCE AS COORDINATOR IN PERSONALLY REVIEWING THE CASE
FILE5 PRIOR TO SIGNING THE FINAL RESPONSE LETTERS TO THE
REQUESTERS.
IN SUM. WE BELIEVE THAT THE PROVISIONS OF THE FOIA REFORM
ACT STRIKE A REASONABLE BALANCE BETWEEN THE INTERESTS OF THE
PUBLIC IN ACCESS TO GOVERNMENT RECORDS AND THE RESPOPJSIBILITY
OF THE GOVERNMENT TO RECOVER USER COSTS. IN PARTICULAR. WE
BELIEVE THAT THE FEE PROVISIONS FOR COMMERCIAL REQUESTERS
PROPERLY PERMIT THE OPPORTUNITY TO COLLECT ACTUAL PROCESSING
COSTS FROM THOSE REQUESTERS WHO SERVE TO BENEFIT COMMERCIALLY
FROM DISCLOSURES MADE TO THEM UNDER THE FOIA BY THE GOVERNMENT
AT TAXPAYERS' EXPENSE. OUR EXPERIENCE TO DATE. HOWEVER. IS
THAT VERY FEW OF OUR REQUESTERS MUST BE PLACED IN THE
COMMERCIAL CATEGORY. AND. NOTABLY. MOST-HAVE ACCEPTED THIS
DETERMINATION.
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AN ADDITIONAL FACT THAT WE ~1ISH TO P1AKE THE SUBCOMMITTEE
AWARE OF IS THAT THE CIA FEE COLLECTIONS OVER THE YEARS HAVE
BEEN VERY Sh1ALL IN RELATION TO THE VOLUME OF RECORDS DISCLOSED
AND. IF EXPRESSED AS A PERCENTAGE OF FOIA PROGRAM OPERATING
COSTS, AMOUPJT TO ABOUT ONE HALF CENT COLLECTED FOR EVERY DOLLAR
.EXPENDED. THE NEW FEE PROVISIONS SPECIFIED BY THE REFORM ACT
NAVE BEEN INTERPRETED IN ACCORDANCE WITH OFFICE OF MANAGEMENT
AND BUDGET AND DEPARTMENT OF JUSTICE GUIDANCE AND ARE NOW
SPECIFIED IN OUR REGULATIONS PROMULGATED IN THE CODE OF FEDERAL
REGULATIONS AT TITLE 32. PART 1900.
THIS CONCLUDES MY STATEMENT AND I SHALL BE PLEASEp TO
ANSWER TO THE BEST OF MY ABILITY ANY QUESTIONS THAT MEMBERS OF
THE SUBCOMMITTEE MIGHT.HAVE AT' THIS TIME.
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