Central Intelligence AgencyMr. Steven Aftergood
Washington, DC 20505
December 14, 2000
Senior Research Analyst
Federation of American Scientists
307 Massachusetts Avenue, N.E.
Washington, D.C. 20002
Dear Mr. Aftergood:
This is in response to your 5 June 1995 letter in which you appealed the 30 May 1995 determination of this agency in response to your 11 May 1995 Freedom of Information Act request for "a copy of historical U.S. intelligence budget data from 1947 through 1970."
Specifically, you appealed our determination to deny you access to information in its entirety on the basis of Freedom of Information Act exemptions (b)(1) and (b)(3).
Your appeal has been presented to the appropriate member of the Agency Release Panel, the Information Review Officer for the Director of Central Intelligence area. Pursuant to the authority delegated under paragraph 1900.43 of Chapter XIX, Title 32 of the Code of Federal Regulations (C.F.R.), the Information Review Officer has reviewed the material, the determinations made with respect to it, and the propriety of the application of the Freedom of Information Act exemptions asserted with respect to the material. It has been determined that the material must continue to be withheld in its entirety on the basis of Freedom of Information Act exemptions (b)(1) and (b)(3). Further, in regard to your appeal and in accordance with CIA regulations appearing at 32 C.F.R. paragraph 1900.41(c)(2), the Agency Release Panel has affirmed this determination.
Exemption (b)(1) pertains to matters which are specifically authorized under criteria established by Executive Order 12958 to be kept secret in the interest of national defense or foreign policy and which are currently and properly classified.
Exemption (b)(3) pertains to information exempt from disclosure by statute. The relevant statutes are Subsection 103(c)(6) of the National Security Act of 1947, as amended, 50 U.S.C. §403-3(c)(6), which makes the Director of Central Intelligence responsible for protecting intelligence sources and methods from unauthorized disclosure, and Section 6 of the Central Intelligence Agency Act of 1949, as amended, 50 U.S.C. §403g, which exempts from the disclosure requirement information pertaining to the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency.
In accordance with the provisions of the Freedom of Information Act, you have the right to seek judicial review of this determination in a United States district court.
We appreciate your patience while your appeal was being considered.
Gregory L. Moulton
Agency Release Panel