file CENTRAL INTELLIGENCE AGENCY WASHINGTON, D.C. 20505 Honorable David E. Clarenbach State Representative 112 North-State Capitol Madison, WI 53702 Dear Mr. Clarenbach: 23 NOV 1977 This is in response to your letter of October 31st inquiring about the status of your Freedom of Information Act appeal. At the present time, we are unable to estimate an expected date of completion for this appeal. Every effort is being made, however, to process your appeal as expeditiously as possible. Due to the large volume of appeals which we receive, we are currently operating under a backlog of over two hundred appeals. Most appeals require a minimum of six months before a review can be completed. In the meantime, we will greatly appreciate your continued. patience. Sincerely, Samtal Gene F. Wilson Information and Privacy Coordinator --- October 31, 1977 Mr. Gene F. Wilson, Information and Privacy Coordinator Central Intelligence Agency Washington, D.C. 20505 Dear Mr. Wilson: In July of this year you received my letter which appealed your denial 66r my FOIA request for all CIA records concerning the Wisconsin State Legislature and for the Agency's regulations concerning the Domestic Collection Division. You indicated to me that the appeal would be con- sidered by your Information Review Committee, and that I would be informed of the outcome as soon as the Committee's deliberations were completed. Since it has now been nearly four months thate you started working on my appeal, I was wondering if you would be willing to update me on the progress of your work. While I recognize that the ommmittee has a considerable backlog w work, I would hope that this matter would not be delayed any further. I look forward to hearing from you. Sincerely, DEC: lb DAVID E. CLARENBACH State Representative --- March 11, 1977 Mr. Mark Lynch, ACLU 2000 P. Street NW, Suite 700 Washington, D.C. Dear Mr. Lynch: Following up on our telephone conversation of last week, I have enclosed copies of information on the CIA matter. I would greatly appreciate any suggestions you might have on further inquiries to the CIA or its director, and how exactly I might wish to proceed further. I have also enclosed a copy of some recent correspondence from the legal director of the Wisconsin Civil Liberties Union, William Lynch. I look forward to hearing from you. Sincerely, DEC: 1b DAVID E. CLARENBACH State Representative --- February 22, 1977 The Honorable Jimmy Carter President of the United States 4500 Pennsylvania Avenue Washington, D.C. 20510 Dear President Carter: A matter concerning activities of the Central Intelligence Agency has come to my attention which, on the surface, disturbs me considerably. The CIA apparently has an interest in a piece of state legislation dealing with privacy of personal For some records held by state and local government. time now, I have tried to determine, among other things, what their interest might be and under what authority they are pursuing this matter. Enclosed, please find a copy of Assembly Bill 400 and my letter to the CIA. In addition, I have enclosed a newspaper article outlining the situation in detail. I would appreciate your office reviewing this case. We have seen far too many recent abuses of legal The mere authority by intelligence gathering agencies. existence of semi-secret Domestic-Collection Division offices around the country and their questionable functions raise serious questions that deserve straight- forward answers. Thank you very much. I look forward to your re- sponse. Sincerely, DEC: 1b DAVID E. CLARENBACH State Representative --- (2) cc: Clarence Kelley, Acting Director, CIA Senator William Proxmire Senator Gaylord Nelson U.S. Representative Robert Kastenmeier U.S. Representative Les Aspin U.S. Representative Alvin Baldus U.S. Representative Clement Zablocki U.S. Representative Henry S. Reuss U.S. Representative William Steiger U.S. Representative David R. Obey U.S. Representative Robert J. Cornell U.S. Representative Robert Kasten --- DAVID E CLARENBACH REPRESENTATIVE 78th District (East and Central Madison) Capitol Address: 112 North-State Capitol Madison, Wisconsin 53702 Telephone: (608) 266-8570 WISCONSIN LEGISLATURE ASSEMBLY CHAMBER MADISON 53702 CHAIRPERSON: Committee on Health Care and the Consumer MEMBER: Committee on Consumer Affairs Committee on Elections Committee on Administrative Rules February 22, 1977 The Honorable Jimmy Carter President of the United States 4500 Pennsylvania Avenue Washington, D. C. 20510 Dear President Carter: A matter concerning activities of the Central Intelligence Agency has come to my attention which, on the surface, disturbs me considerably. The CIA apparently has an interest in a piece of state legislation dealing with privacy of personal records held by state and local government. For some time now, I have tried to determine, among other things, what their interest might be and under what authority they are pursuing this matter. Enclosed, please find a copy of Assembly Bill 400 and my letter to the CIA. In addition, I have enclosed a newspaper article outlining the situation in detail. I would appreciate your office reviewing this case. We have seen far too many recent abuses of legal authority by intelligence gathering agencies. The mere existence of semi-secret Domestic Collection Division offices around the country and their questionable functions raise serious questions that deserve straight- forward answers. Thank you very much. I look forward to your re- sponse. Sincerely, Ward E. Claresbach DAVID E. CLARENBACH State Representative DEC:lb Enc. This is 100. Pe 747 --- (2) cc: Clarence Kelley, Acting Director, CIA Senator William Proxmire Senator Gaylord Nelson U.S. Representative Robert Kastenmeier U.S. Representative Les Aspin U.S. Representative Alvin Baldus U.S. Representative Clement Zablocki U.S. Representative Henry S. Reuss U.S. Representative William Steiger U.S. Representative David R. Obey U.S. Representative Robert J. Cornell U.S. Representative Robert Kasten --- CLEMENT J. ZABLOCKI, WIS., CHAIRMAN L. H. FOUNTAIN, N.C. DANTE B. FASCELL, FLA. CHARLES C. DIGGS, JR., MICH. ROBERT N. C. NIX, PA. DONALD M. FRASER, MINN. BENJAMIN S. ROSENTHAL, N.Y. LEE H. HAMILTON, IND. LESTER L. WOLFF, N.Y. JONATHAN B. BINGHAM, N.Y. GUS YATRON, PA. MICHAEL HARRINGTON, MASS. LEO J. RYAN, CALIF. CARDISS COLLINS, ILL. STEPHEN J. SOLARZ, N.Y. HELEN S. MEYNER, N.J. DON BONKER, WASH. GERRY E. STUDDS, MASS. ANDY IRELAND, FLA. DONALD J. PEASE, OHIO ANTHONY C. BEILENSON, CALIF. E (KIKA) DE LA GARZA, TEX. GEORGE E. DANIELSON, CALIF. BERKLEY BEDELL, IOWA JOHN J. CAVANAUGH, NEBR. WILLIAM S. BROOMFIELD, MICH. EDWARD J. DERWINSKI, ILL. PAUL FINDLEY, ILL. JOHN H. BUCHANAN, JR., ALA. J. HERBERT BURKE, FLA. CHARLES W. WHALEN, JR., OHIO LARRY WINN, JR., KANS. BENJAMIN A. GILMAN, N.Y. TENNYSON GUYER, OHIO ROBERT J. LAGOMARSINO, CALIF. WILLIAM F. GOODLING, PA. SHIRLEY N. PETTIS, CALIF. JOHN J. BRADY, JR. CHIEF OF STAFF Congress of the United States Committee on International Relations House of Representatives Washington, DC. 20515 March 2, 1977 Honorable David E. Clarenbach 112 North-State Capitol Madison, Wisconsin 53702 Dear Representative Clarenbach: This is to acknowledge and thank you for sending me a copy of your February 22 letter and accompanying enclosures to Presi- dent Carter regarding reported CIA interest in your legislation dealing with the privacy of personal records. I feel sure Mr. Carter will review the question and respond to your inquiry. Beyond that, please be assured that I will co- operate in any appropriate action with other members of the Wis- consin Congressional delegation, particularly your own representa- tive, the Honorable Robert Kastenmeier. With best wishes, I am Sincerely yours, Jemand Ballochi Chairman CJZ:gbd --- ALVIN BALDUS 3RD DISTRICT, WISCONSIN COMMITTEE ASSIGNMENTS: AGRICULTURE SUBCOMMITTEES: DAIRY AND POULTRY FAMILY FARMS AND RURAL DEVELOPMENT CONSERVATION AND CREDIT SMALL BUSINESS SUBCOMMITTEES: ACTIVITIES OF REGULATORY AGENCIES SMALL BUSINESS ADMINISTRATION OVERSIGHT Congress of the United States House of Representatives Washington, D.C. 20515 March 4, 1977 WASHINGTON OFFICE: 509 CANNON HOUSE OFFICE BUILDING WASHINGTON, D.C. (202) 225-5506 20515 DISTRICT OFFICES: EAU CLAIRE FEDERAL BUILDING 510 SOUTH BARSTOW EAU CLAIRE, WISCONSIN 54701 (715) 835-4671 LA CROSSE 544 SECOND AVENUE, NORTH ONALASKA, WISCONSIN 54650 (608) 783-5618 LANCASTER 236 WEST MAPLE, P.O. Box 387 LANCASTER, WISCONSIN 53813 (608) 723-7560 David E. Clarenbach State Represenative 112 North-State Capitol Madison, Wi. 53702 Dear Represenative Clarenbach: Thank you for the copy of your letter informing me of the peculiar incident which occured between the CIA and a bill sponsored by you. I can see the rational behind your concern, in that the CIA has no interest in domestic security. Such activities were exposed during the last session by the Senate committee on Inteligence Activities. Such oversight will continue and incidents like yours will be investigated. Thank you for bringing this matter to my attention. Sincerely yours, Cel Bedden. ALVIN BALDUS Member of Congress AB/dr SERVING: BARRON COUNTY, BUFFALO COUNTY, CRAWFORD COUNTY, DUNN COUNTY, EAU CLAIRE COUNTY, GRANT COUNTY, JACKSON COUNTY, LA CROSSE COUNTY, MONROE COUNTY, PEPIN COUNTY, PIERCE COUNTY, POLK COUNTY, RICHLAND COUNTY, ST. CROIX COUNTY, TREMPEALEAU COUNTY, VERNON COUNTY --- DAVID E. CLARENBACH REPRESENTATIVE 78th District (East and Central Madison) Capitol Address: 112 North-State Capitol Madison, Wisconsin 53702 Telephone: (608) 266-8570 WICCO SULFOISLATURE, ASSE ABLY CHAMBER MADISON 53702 February 17, 1977 CHAIRPERSON: Committee on Health Care and the Consumer MEMBER: Committee on Consumer Affairs Committee on Elections Committee on Administrative Rules Mr. Dennis Berend, Deputy Assistant to Director Central Intelligence Agency Washington, D.C. 20505 Dear Mr. Berend: Enclosed please find a copy of the bill relating to privacy of personal records collected by state and local government, which had been requested. I'm always glad to provide information to any individual, group or agency at any time. Should you desire further information in the future on this or any other state legislative matter, don't desitate to contact me immediately. However, I do have several questions which you might be able to respond to for me. The request was made to be kept informed on the progress of this bill to the chief of the state records center by telephone. Why was this request not made in writing and directed to the Secretary of the Department, my office or the Legislative Council under whose auspices the study was conducted? Under what Additionally, as I understand it, your agency is not responsible for domestic surveillance. authority and for what reasons are you interested in my proposal? How long has the CIA been interested in state legislative matters, and what kind of information do you collect? What are your legal authorities for this function? I look forward to your response at your earliest possible convience. Thank you. Sincerely, Navre E. Clare bark DAVID E. CLARENBACH State Representative This is 100% Recycled Paper --- CENTRAL INTELLIGENCE AGENCY WASHINGTON, D.C. 20505 Honorable David E. Clarenbach State Representative 422 North-State Capitol Madison, WI 53702 Dear Mr. Clarenbach: 08 JUL 1977 Your letter of 29 June 1977 was received on 7 July 1977. Arrangements will be made for consideration of your appeal by the Information Review Committee and you will be informed of the outcome as soon as the Committee's delib- erations are completed. Sincerely, Dorthe Gene F. Wilson Information and Privacy Coordinator --- WSJ July 7, 1977 Shiveday Clarenbach to appeal CIA refusal State Rep. David Clarenbach said Wednesday he will appeal a Central Intelligence Agency (CIA) ruling bar- ring him from receiving any records on what information the agency has on the Wisconsin Legislature and what guidelines it used in getting the infor- mation. The CIA said the information is classified. Clarenbach originally became upset with the CIA in March when he found out the agency's domestic divi- sion in Milwaukee was looking into his sponsorship of a privacy in personal records bill. Clarenbach headed a study com- mittee last year that drafted the bill (AB-400), which the CIA apparently believes would make its work of sur- veillance of Wisconsin citizens more difficult. Dennis Berend, deputy assistant to the CIA director, said the CIA has an interest in bills like AB-400 because it wants its agents to avoid conflict with state laws. After Clarenbach found out about the CIA's interest in his bill, he asked Berend to tell what additional infor- mation it has collected on the Wiscon- sin Legislature and why it wants it. Berend refused and Clarenbach filed a freedom of information re- quest. That request was denied June 8 by Gene F. Wilson, information and pri- vacy coordinator for the CIA in Wash- ington. Wilson said the agency has combed its files and finds no information about the Wisconsin Legislature. Clarenbach said he finds this pre- posterous because he knows the CIA was looking into his bill. He said that since Berend "has ac- knowledged to me that the CIA does have an interest in state legislation, I find it difficult to believe that the agency has no records concerning the Wisconsin State Legislature." Wilson also denied Clarenbach's re- quest for information on what CIA regulations apply to gathering infor- mation on state legislatures. Wilson said information on internal CIA regulations is classified "includ- ing internal rules and practices which cannot be made public without sub- stantial prejudice to the effective per- formance of a significant agency func- tion." Clarenbach said he would appeal that decision, too. The appeal will go to a information review committee inside the CIA. --- June 30, 1977 Mark H. Lynch Attorney At Law 600 Pennsylvania Av. S.E. Suite 301 Washington, D.C. 20003 Dear Mark: Thank you very much for the additional assistance in regard to the CIA mateer. Enclosed, please find a copy of the letter for your files. I will keep you informed of the progress, and I really appreciate all the time and help you have given me. Sineerely, DEC: 1b DAVID E. CLARENBACH State Representative --- MARK H. LYNCH ATTORNEY AT LAW 600 PENNSYLVANIA AVENUE, S. E., SUITE 301 WASHINGTON, D. C. 20003 (202) 544-1681 June 27, 1977 Honorable David Clarenbach State Representative 112 North - State Capitol Madison, Wisconsin 53702 Dear Mr. Clarenbach: Enclosed is a draft appeal letter on your FOIA request to the CIA. Feel free to call me if you have any questions. Sincerely, пил не адил He Mark H. Lynch ML/skh Enclosure: --- DAVID E. CLARENBACH REPRESENTATIVE 78th District (East and Central Madison) Capitol Address: 422 North-State Capitol Madison, Wisconsin 53702 Telephone: (608) 266-8570 WISCONSIN LEGISLATURE ASSEMBLY CHAMBER MADISON 53702 CHAIRPERSON: Committee on Health Care and the Consumer MEMBER: Committee on Consumer Affairs Committee on Elections Committee on Administrative Rules Committee on Judiciary June 29, 1977 Mr. Gene F. Wilson Information and Privacy Coordinator Central Intelligence Agency Washington, D.C. 20505 F.O.I.A. Appeal Dear Mr. Wilson: This is an appeal of your denial for my FOIA request for all CIA records concerning the Wisconsin State Legislature and for the Agency's regulations concerning the Domestic Collection Division. First, I question the adequacy of your search for records concerning the Wisconsin State Legislature. Since the Agency did gather information concerning a bill I introduced and since Mr. Dennis Berend, Deputy Assistant to the Director of Central Intelligence, has acknowledged to me that the CIA does have an in- terest in state legislation, I find it difficult to believe that the Agency has no records concerning the Wisconsin State Legislature. It With respect to your denial of the regulations for the Domestic Collection Division, I remind you that the FOIA requires that non-exempt material must be disclosed after it has been segregated from exempt material. appears unlikely that all of the regulations concerning this Division are properly classified and/or would reveal intelligence sources and methods. Particularly since this Division has a narrow and legitimate mission in the domestic field from which the CIA is generally precluded, 50 U.S.C. & 403(d)(3), it would be in the Agency's interest to disclose these regulations and assure the public that the Division operates according to the law. -- -- I would think that --- Mr. Gene F. Wilson P. 2 Your claim of exemption 2 is without merit since these regulations obviously relate to mat- ters that are not solely related to the internal personnel rules and practices of the CIA. Indeed, there is a substantial public interest in knowing the regulations of a component of the CIA which operates in the domestic field. Under the terms of the FOIA, I expect a deter- mination on this appeal within twenty working days. Sincerely, hard E. Clarenbal DAVID E. CLARENBACH State Representative DEC: 1b --- CENTRAL INTELLIGENCE AGENCY WASHINGTON, D.C. 20505 Honorable David E. Clarenbach State Representative 112 North-State Capitol Madison, WI 53702 8 JUN 1977 Dear Mr. Clarenbach: This is in reply to your letter asking for all records concerning the Wisconsin State Legislature which are held by this Agency, as well as for all regulations of this Agency concerning the Domestic Collection Division. We have searched our files and find that we have no information concerning the Wisconsin State Legislature. With respect to the regulations governing the Domestic Collection Division, I am advised that those regulations are exempt from disclosure, pursuant to exemptions (b) (1), (b)(2), and (b) (3) of the Freedom of Information Act. As you may be aware, exemption (b) (1) applies to material which has properly been classified under Sections 1 and 5(B) of Executive Order 11652. Exemption (b) (2) relates to matters which are solely for the guidance of Agency personnel, including internal rules and practices which cannot be made public without substantial prejudice to the effective performance of a significant Agency function. Exemption (b) (3) is pursuant to the Director's statutory responsibility to protect intelligence sources and methods from disclosure, as required by the National Security Act of 1947 and the CIA Act of 1949. The denying officer in this instance was Mr. Charles A. Briggs, DDO Information Review Officer. Under the provisions of the Act, I am advising you of your right to appeal his decision, through me, to the CIA Information Review Committee. Sincerely, Drone for ha Gene F. Wilson Information and Privacy Coordinator --- March 11, 1977 William Lynch, Legal Director WCLU 800 Langdon St. Madison, WI 53703 Dear Bill; Many thanks for sending me a copy of your letter to Mr. Halperin from earlier this month. I very much look forward to his response since it will help clarify matters considerably. Also, I have recently returned from a trip to Washington where I spoke with Mr. Mark Lynch from the ACLU who indicated some interest in being informed on this case. I have enclosed my cor- respondence with him as well. Sincerely, DEC:1b DAVID E. CLARENBACH State Representative ---