Created: 4/1/1985

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KEMORAKDUK FOR: Deputy Director for Science and Technology

E. Fitzwater

Deputy Director for Administration

Designation Under the CIA Information Act


As you know, the DCI has approved your recommendation that four categories of files ln the Directorate of Science and Technology be designated as exempt from search, review, publication, andunder the Freedom of Information Act. In accordance with prior agreeoent, these file designations were provided to the Agency'scommittees for review before implementation.

He now have responses from both the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence posing no objections to the designations. Therefore, you should now proceed with Implementation effective this date.

'ul i



I oi_u


Honorable William J. Casey Director of Central Intelligence

Dear Mr. Casey:

This is in response to the Agency's submission of the Directorate of Operations operational file exemptions you approved onnd the Directorate for Science and Technology operational file exemptions you approved on Marchnder the Central Intelligence Agency Information Act (Public. eview of the exemptions shows that they appear consistent with the Act and its legislative history. Accordingly, the Ccranittee has no objection to their taking effect.

The Coaraittee will engage in continuing oversight of the Agency's implementation of the CIA Information Act and looks forward to receiving the Agency's first semi-annual report under) of the Act on

The Committee strongly urges the Agency to include in its responses to initial requests for records under the Freedom of Informationeference to the provisions of the CIA Information Act along with the usual statutory reference to the Freedom of Information Act. By indicating in its initial response to an FOIA requester that his request will be processed in accordance with the Freedom of Information Act and the Central Intelligence Agency Information Act, as applicable, the Agency would give fair notice to requesters of the statutes which govern their request.

With bestm

Sincerely yours,

Lee H. Hamilton Chairman




Office of Legislative Liaison

Approval of FOIA Designations

narch,all from Gary Chase, Majority Staff Counsel to the SSCI. Mr. Chase informed me that the SSCI had approved the Director's decision designating certain operational files of the Directorate of Operationsirectorate of Science and Technology as exempt from the FOIA. Mr. Chase also statedetter to this effect would be sent to the Director in the near future. nformed Mr. Chase that the designations would become effective as soon as we received HPSCI's concurrence. Mr. Chase had no objections to to this procedure.


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File (FOIA Impl.l

Counsel LL






vidua! committing ihc offenseitiien of the United States or an alien lawfully admitted to the United State* for permanentlas defined inf the Immigration andAct).


1 Nothing in this title may beas authority to withhold information from the Congress orommittee of either House of Congress.


] For the purposes of this title:

(if The term "classified information" means information or material designated and clearly marked or clearly represented, pursuant to the provisionstatute or Executive orderegulation or order issued pursuanttatute or Executivespecific degree of protection againstdisclosure for reasons of national security.

Tha termhen used with respect toto classified information, means baring authority, right, or permission pursuant to the provisionstatute. Executive order, directive of the head of any department or agencyin foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule ot the House of RepresentaUvoa or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities.

The term "disclose" means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available.

The term "covert agent"

officer or omployee of an intelligence agencymomber of the Armed Forces assigned to duty with

identity as such an officer, employee,is classified information, and

is serving outside the United Stateswithin the last five years served outside theStates; or

United States cititen whose intelligenceto the United States is classified Information,

resides and acta outside the Unitedan agent of, or informant or source ofto. an intelligence agency, or

is at the tune of the disclosure actingagent of, or informant to, the foreignor foreign eounterterrorism exponents ofBureau of Investigation; or

individual, othernited Statespast or present intelligence relationship to theStates is claitniftod information and whoresentagent of.resent or former informant oroperational DKsistanc* to, an intelligence agency.

The term "intelligence agency" means theoreign intelligence component of theof Defense, or the foreign counterintelligence oroountorterrorism components ofthe Federal Bureau of

The term "informant" means any individual whoinformation to an intelligence agency In the courseonfidential relationship protecting the identity of suchfrom public disclosure.

The terms "officer" and 'employee" have the meanings given such terms by4espectively, of titlenited States Cods.

The term "Armed Forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

The term "Unitedhen usedeographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory ofthe Pacific islands.

term "pattern of activities"ommon purpose or objective.



] (a) Operational files of the Central Intelligence Agency may be exempted by the Director of Centralfrom the provisions off titlenited States Code (Freedom of Informationhich requireor disclosure, or search or review in connection therewith.

the purposes of this title the term 'operational

lies 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 orservices;

files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and

files of the Office of Security which documentconducted to determine tho suitability of potential foreign intelligence or counterintelligence sources;

except that files which are the sole repository of disseminatedare not operational files.

subsection (a) of this section,files shall continue to be subject to search andinformation

nited States citiiens or aliens lawfully admitted for permanent residence who have requested information onpursuant to the provisions offtates Code (Freedom of Informationra of titlenited States Code (Privacy Act;

CJl any upmal aetivity the existence of which Is not ox-rmpl from dWWure under the provisions off title- fi. United Sinte* Code (Freedom of Informationr

he "pocific subject matter of an investigation by thecommitf the Congress, the Intelligence Over-night Hoard, the Department of JuHtice. the Office of General Cwunnel nf ihe Ciiir.-tl Intellicence Agency, the OfBco of In-speclnr General of the Central Intelligence Agency, or theof the Director of Centrnl Intelligence for any impropriety, or violation of Inw. Executive order, or Presidential directive, in the conduct of an intelligence activity.

(dJll) Filcn that arc not exempted under subsection (a) of this section which contain information derived or disseminated fromoperational files shall be subject to search and review.

he inclusion of information from exempted operationaliles that are not exempted under aubaection (a) of thisshall not affect the exemption under subsection (a) of thisof tho originating operational files from search, review,or disclosure.

ecords from exempted operational files which have been disseminated to ond 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 aubaection (a) of this section shall not be superseded exceptrovision of law which is enacted after the date of enactment of subsectionnd which specifically cites and repeals or modifies its provisions.

(f) Whenever any person who has requested agency records underf titlenited States Code (Freedomlleges that the Central Intelligence Agency haswithheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth inX4XB) of titlenited States Code, except

in any case in which information specifically authorized under criteria established by an Executive order to be keptin the interest of national defense or foreign relations which ia filed with, or produced for, the court by the Central Intelligence Agency, such information shall be examined ex parte, in camera by the court;

the court shall, to the fullest extent practicable,issues of fsct based on sworn written submissions of the parties;

omplainant alleges that requested records are improperly withheld because of improper placement solely in exempted operational files, the complainont shall support such allegationworn written submission, based uponknowledge or otherwise admissible evidence;

(4MA)omplainant alleges that requested records were improperly withhold because of improper exemption of operational files, the Central Intelligence Agency shall meet its burden underX4XB) of titlenited States Code, by demonstrating to the court by sworn writtenthat exempted operational files likely to containrecords currently perform the functions set forth in(b| of this section; and

(B) the court may not order the Central Intelligenceto review the content of any exempted operational file or files in order to moke the demonstration required under(A) of this paragraph, unless the complainantthe Central Intelligence Agency's showingwom written submission based on personal knowledge or otherwise admissible evidence;

in proceedings underf thisthe parties shall not obtain discovery pursuant to ruleshroughf the Federal Rules of Civil Procedure, except that requests for admission may be msde pursuant to rules

if the court finds under this subsection that the Central Intelligence Agency has Improperly withheld requested records because of failure to comply with any provision 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 off titlenited States Code (Freedom of Informationnd auch order shall be the exclusive remedy for failure to comply with this section; and

f at any time following the Filingomplaintto this subsection the Central Intelligence Agency agrees to search tha appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon auch complaint.

decennial review of exempted operational files

] (a) Not less than once every ten years, the Director of Central Intelligence shall review thein force under subsection (a) off this Act towhether such exemptions may be removed from anyof exempted files or any portion thereof.

The review required by subsection (s) 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 forignificant part of the information contained therein.

A complainant who alleges that the Central Intelligence Agency has improperly withheld records because of failure towith this section may seek judicial review in the district court of the United States of the district in which any cf the partiesor in the District of Columbia. Inroceeding, the court's review shall be limited to determining (I) 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,hether the Central Intelligence Agency, in fact, considered the criteria set

forth in subsection lb) of this section in conducting tho required



AN ACT To provide foradministration of lb* Central Intolliennce Agency,pursuant lo, Nalional Security Act ofand for other

nacted by the Senate and Home of Representatives of the United States of America in Congress assembled,


Sectiona) That when used in this Act, the

"Agency" moana the Central Intelligence Agency;

"Director" means the Director of Central Intelligence;

"Government agency" means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality ofthe United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of tho Government.

seal of OFFICE

sec.bJ The Director of Central Intelligence shalleal of office to bo made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof.


SEC.cJ (a) In tho performance of its functions the Central Intelligence Agency is authorized to exercise thecontained innd sections., andfthe Armed ServicesActPublic, Eightieth Congress, second session).

In the exercise of tho authorities granted in subsection (a) of this section, the term "Agency heed" shall mean the Director, the Deputy Director, or the Executive of the Agency.

Tho determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as pro-



ISIS of liil.miocif lhat Aft piowafd: 'RcferancM tiwlUwt.


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