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SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2013, Issue No. 84
September 23, 2013
Secrecy News Blog: http://blogs.fas.org/secrecy/
** COURT CURBS CIA USE OF A FOIA EXEMPTION
** REACHING THE DEBT LIMIT, AND MORE FROM CRS
COURT CURBS CIA USE OF A FOIA EXEMPTION
The Central Intelligence Agency tried to make "inappropriate" use of an exemption from the Freedom of Information Act to withhold information that was not subject to the exemption, a federal court ruled last month.
In a significant interpretation of the Central Intelligence Agency Act, Judge Beryl A. Howell narrowed the permissible scope of records that CIA may withhold under Section 403g of the Act. That section allows CIA to exempt from release information concerning "the organization, functions, names, official titles, salaries, or numbers of personnel employed by" the Agency.
But in a 163 page opinion in response to a lawsuit brought by the non-profit National Security Counselors, Judge Howell ruled on August 15 that CIA was interpreting this provision in a manner that was "inappropriately broad" (discussed at pp. 99-122).
Instead of just withholding information about CIA organization and personnel, she concluded, the Agency was also wrongly attempting to withhold "information that relates to" CIA organization and personnel-- which is almost everything the Agency does.
"The Court holds that the CIA may not invoke [50 USC] 403g to withhold information merely because that information may be used by CIA personnel to carry out their responsibilities or functions," Judge Howell wrote. "The CIA Act does not protect all information about CIA functions generally... The CIA may only invoke 50 USC 403g to withhold information under the FOIA if it would reveal the specific categories of personnel-related information enumerated in the statute."
If that seems like a common-sense conclusion, it is also a rare judicial setback for the CIA, and a reversal of the more familiar expansion of national security secrecy authority.
"This really is something pretty remarkable," said Harry Hammitt of Access Reports, which monitors FOIA policy. "Judge Howell has narrowed the interpretation of the statute dramatically."
REACHING THE DEBT LIMIT, AND MORE FROM CRS
Noteworthy new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Cybersecurity: Authoritative Reports and Resources, September 20, 2013
Reaching the Debt Limit: Background and Potential Effects on Government Operations, September 19, 2013
Across-the-Board Rescissions in Appropriations Acts: Overview and Recent Practices, September 20, 2013
Private Health Plans Under the ACA: In Brief, September 19, 2013
Patient Protection and Affordable Care Act (ACA): Resources for Frequently Asked Questions, September 19, 2013
Medicare Financing, September 19, 2013
The State of Campaign Finance Policy: Recent Developments and Issues for Congress, September 20, 2013
The National Voter Registration Act of 1993: History, Implementation, and Effects, September 18, 2013
U.S. Natural Gas Exports: New Opportunities, Uncertain Outcomes, September 17, 2013
America COMPETES Acts: FY2008-FY2013 Funding Tables, September 20, 2013
The DHS S&T Directorate: Selected Issues for Congress, September 17, 2013
U.S. Special Operations Forces (SOF): Background and Issues for Congress, September 18, 2013
______________________________________________
Secrecy News is written by Steven Aftergood and published by the Federation of American Scientists.
The Secrecy News Blog is at:
http://blogs.fas.org/secrecy/
To SUBSCRIBE to Secrecy News, go to:
http://blogs.fas.org/secrecy/subscribe/
To UNSUBSCRIBE, go to
http://blogs.fas.org/secrecy/unsubscribe/
OR email your request to saftergood@fas.org
Secrecy News is also archived at:
http://www.fas.org/sgp/news/secrecy/index.html
Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate
_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202)454-4691
twitter: @saftergood
SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2013, Issue No. 84
September 23, 2013
Secrecy News Blog: http://blogs.fas.org/secrecy/
** COURT CURBS CIA USE OF A FOIA EXEMPTION
** REACHING THE DEBT LIMIT, AND MORE FROM CRS
COURT CURBS CIA USE OF A FOIA EXEMPTION
The Central Intelligence Agency tried to make "inappropriate" use of an exemption from the Freedom of Information Act to withhold information that was not subject to the exemption, a federal court ruled last month.
In a significant interpretation of the Central Intelligence Agency Act, Judge Beryl A. Howell narrowed the permissible scope of records that CIA may withhold under Section 403g of the Act. That section allows CIA to exempt from release information concerning "the organization, functions, names, official titles, salaries, or numbers of personnel employed by" the Agency.
But in a 163 page opinion in response to a lawsuit brought by the non-profit National Security Counselors, Judge Howell ruled on August 15 that CIA was interpreting this provision in a manner that was "inappropriately broad" (discussed at pp. 99-122).
Instead of just withholding information about CIA organization and personnel, she concluded, the Agency was also wrongly attempting to withhold "information that relates to" CIA organization and personnel-- which is almost everything the Agency does.
"The Court holds that the CIA may not invoke [50 USC] 403g to withhold information merely because that information may be used by CIA personnel to carry out their responsibilities or functions," Judge Howell wrote. "The CIA Act does not protect all information about CIA functions generally... The CIA may only invoke 50 USC 403g to withhold information under the FOIA if it would reveal the specific categories of personnel-related information enumerated in the statute."
If that seems like a common-sense conclusion, it is also a rare judicial setback for the CIA, and a reversal of the more familiar expansion of national security secrecy authority.
"This really is something pretty remarkable," said Harry Hammitt of Access Reports, which monitors FOIA policy. "Judge Howell has narrowed the interpretation of the statute dramatically."
REACHING THE DEBT LIMIT, AND MORE FROM CRS
Noteworthy new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Cybersecurity: Authoritative Reports and Resources, September 20, 2013
Reaching the Debt Limit: Background and Potential Effects on Government Operations, September 19, 2013
Across-the-Board Rescissions in Appropriations Acts: Overview and Recent Practices, September 20, 2013
Private Health Plans Under the ACA: In Brief, September 19, 2013
Patient Protection and Affordable Care Act (ACA): Resources for Frequently Asked Questions, September 19, 2013
Medicare Financing, September 19, 2013
The State of Campaign Finance Policy: Recent Developments and Issues for Congress, September 20, 2013
The National Voter Registration Act of 1993: History, Implementation, and Effects, September 18, 2013
U.S. Natural Gas Exports: New Opportunities, Uncertain Outcomes, September 17, 2013
America COMPETES Acts: FY2008-FY2013 Funding Tables, September 20, 2013
The DHS S&T Directorate: Selected Issues for Congress, September 17, 2013
U.S. Special Operations Forces (SOF): Background and Issues for Congress, September 18, 2013
______________________________________________
Secrecy News is written by Steven Aftergood and published by the Federation of American Scientists.
The Secrecy News Blog is at:
http://blogs.fas.org/secrecy/
To SUBSCRIBE to Secrecy News, go to:
http://blogs.fas.org/secrecy/subscribe/
To UNSUBSCRIBE, go to
http://blogs.fas.org/secrecy/unsubscribe/
OR email your request to saftergood@fas.org
Secrecy News is also archived at:
http://www.fas.org/sgp/news/secrecy/index.html
Support the FAS Project on Government Secrecy with a donation:
https://members.fas.org/donate
_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood@fas.org
voice: (202)454-4691
twitter: @saftergood
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