LETTER TO HONORABLE JAMES O.EASTLAND FROM CENTRAL INTELLIGENCE AGENCY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700120017-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 16, 2016
• Document Release Date: October 22, 2004
• Sequence Number: 17
• Publication Date: July 26, 1978
• Content Type: LETTER

Central intdli,gnce Ai;ency
Approved For Release 2004/10/28 : C,.L RDP81 M00980R000700120017-4
' 6 JUL 1978
.ate
Honorable James 0. Eastland, Chairman
Committee on the Judiciary
United States Senate
Washington, D. C. 20510
Peed Zc
I am writing in response to your request for views on S. 1720
and S. 1721, bills "to amend Chapter 5, Subchapter It of Title 5, United
States Code, to provide for improved administrative procedures. "
The Central Intelligence Agency is neither a regulatory agency
nor an agency engaging in activities directly impacting on or affecting
the public generally. Further, in the foreign affairs field, "rules"
would appear to include statements governing such activities as issuing
passports and visas, controlling import:; and exports, and regulating
investment overseas. Nevertheless, the question of whether and to
what extent this Agency makes rules is :somewhat unsettled.
Because of the possibility that this Agency might at some time
be considered to make rules within the meaning of Chapter 5 of
Title V of the United States Code, I wish to offer the following comments
on the amendments to 5 U. S. C. ? 553 proposed by S. 1721. The bill
would narrow the exemption pertaining to a military or foreign affairs
function of the United States currently codified in paragraph (a)(1) of
section 553 to exempt only matters in those categories which are
properly classified pursuant to Executive Carder. I am concerned
about the adverse impact this would have on the protections front
disclosure afforded national. security information.
National security information may fall into two categories:
that which is classified pursuant to an Executive Order and that
which is designated by the Director of Central Intelligence, pursuant to
his statutory responsibility (50 U.S.C. ?403(d)(3)), as information
involving intelligence sources and methods. The amendment proposed
by S. 1721 would cover, at best, only the former category of information;
proposed rules relating to or involving intelligence sources and methods
would be subject to the public notice and comment procedures. As a
result, there would be a very great possibility of disclosure of
sensitive foreign intelligence information.
Approved For Release 2004/10/28 : CIA-RDP81 M00980R000700120017-4