CONGRESSIONAL INQUIRIES

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP59-00882R000300240153-1
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
2
Document Creation Date: 
December 9, 2016
Document Release Date: 
February 28, 2001
Sequence Number: 
153
Case Number: 
Publication Date: 
October 13, 1947
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP59-00882R000300240153-1.pdf108.98 KB
Body: 
Approved F?elease 2001/08/24: CIA-RDP59-008000300240153-1 OGC HAS REVIEWED. i3 October 1947 .11.8.3 Di3h P?R TI: C.X7a7U TIV2 FOR I F? S Subject: Conf;ressioral Inquiries 1. be refer to your mmiorandw:i dated 30 Septe ber on Release of Information to Congress. Faragraph 4(f) of that merorandun suggests that classified naterial carry an ap- propriate precautionary notice to preclude further urauthori- zed dissemination. The two phrases sugc ested were: (a) This docunent is furnished for use of the recipient only. Reproduction, quotation, or further dissemination is not au_thorizerl without specific au- thority of the Director of Central Intclli:;ence. (b) This document contains information of :ctir the national defense of the United States within the rieaning of the {?apionage Act,, 50 t1SC 31 and 32, as ariended. Its transmission or the revelation of its contents in any manner to an unauthorized _)or;son is prohibited by law. The c. estion h.ts now arisen whether either of these warniinc~s would have any effect in view of the Congressman's constitu- tional immunity from responsibility for his statements. A review of the law indicates that this immunity is absolute when the s tatetenta are made on the floor of the House or Senate and extends to publication of the Congress! - onal 11ecord or the published hearings cif the Congressional Committee. Under such circumstances? any warnin' would merely put the 2e? i slafor on notice with the nature of the information, but in no way bindir. an such cases, disciplinary action could be taken only by his follow Congr ossmen. 2. In the case of disclosures made by Congressr:en out- side of Congress, the immunity would not apply. "embers of Congress are subject to prosecution in the same tanner as other private citizens. Consequently, a warning; would be of real weight in precluding unauthorized disclosures outside of Corotress. 3. Under the circumstances, it is our feeling that the foray set forth in (b) above is preferable and more effective. Approved Fc*elease 2001/08/24: CIA-RDP59-008> 000300240153-1 Executive for I & 3 -2?? 13 October 1947 In any case, we have in our experience in the past found that such a statement printed or stamped noticeably on documents going outside the Agency was noticeably effective in the care- ful handling of infor-atton by the recipient. T, a General Counsel