S.R. 12004 FILE (93RD CONGRESS): MR. COLBY'S TESTIMONY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700230002-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: December 20, 2001
• Sequence Number: 2
• Publication Date: January 1, 1973
• Content Type: NOTES

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E, fl. il6 5~
See H. R. 12flfl4 file 193rd Congress} for rnateriai
relating to Mr. Colby's testimony on ~ August 1974
regarding Classification and f}eclassification and on
the Agency`s operations under ~. O. 11b52..
S~Then the 93rd Congress lagislation files are retired,.
a determination should be made whether to transfer
sny of the material in the H. R, IEO04 file to the
E. d. II6S2 fate, which is not to be retired,
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H. R. 5425
The Subcommittee on Foreign Operations and Government
Information of the House Government Operations Committee is ,,
marking up H. R.' 5425.
Provision?
The bill amends the Freedom of Information Act (5 USC 552) by:
(1 } requiring a court review in camera of any records to
determine the sufficiency of an exemption claimed under the Act,
including classified material (section 1 (d)(1) and (2)). This over-
rules the Supreme Court decision in the case of Representative Patsy Mink v.
EPA, 35~L Ed 2d 119, ~ ~ which precluded a court review of classified material
(2) requiring any agency to provide ~ information or
records requested by Congress or any committee of Congress (section 3).
(3) requiring only a "reasonable" description of a document
requested rather than the present "identifiable records"~ (section 1 (d)),
and requiring each agency to submit an annual report to the Congress on
the number of requests received and action taken (section 4).
Problern?
(1) A court determination under the bill overruling a determination
by the Director could directly conflict with the responsibility imposed upon the
Director by proviso in section 102 (d)(3) of the National Security Act of 1947:
"And provided further, that the Director of Central
Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure;.... "
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(2) Complete access to all CIA information by the current'347
~ornmittees and subcommittees in the Congress increases the possibility
pf compromising sensitive intelligence sources and methods,
Proposed Amendment for H. R. 5425:
(1) Amend section 2 by adding at the end of line 6, page 4, the
underscored words: "In the case of any agency records which the agency
claims are within the?purview of subsection (b)(1), such in camera in-
vestigation by the court shall be of the contents of such records in order
to determine if such records, or any part thereof, cannot be disclosed
because such disclosure would be harmful to the national defense or
foreign policy of the United States. The preceding examination and
investigation shall not apply to agency records' involving matters under
section (b), relating to the responsibility for protecting intelligence
sources and methods from unauthorized disclosure under section 403 and
403 (G~ of title 50, United States Code."
(2) Amend section 3 by inserting after the word "Congress"
on line 5, page 6, the underscored words: "(2)(a) Notwit.hstanding
subsection (b), any agency shall furnish any information or records
to Congress or any committee of Congress within the .jurisdiction of
such committee promptly .upon written request to the head of such
agency by the Speaker of the House of Representatives, the President
of the Senate, or the chairman of any such committee, as the case may be.
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Table of Contents of black book prepared for Hearing before Moorhead
House Subcommittee on Foreign Operations and Government Information,
Government Operations Committee,, on H,, R. 12004, Classification and
Declassification, 1 August 1974.
I. Statement
iI. .Invitation
ILt. H. R. 12004
Views Letter
IV. Intelligence Sources and Methods
a. Legislative package
b. McClellan prepared statement and
Proxmire letter -annotated
V. Executive Order 11652 and Implementing NSC Directive
VI. ~ ICRC Report
VII. U. S. Assistance Programs in Vietnam hearing (p. 175}
(Included in Director's book only)
VIII. Biographies ,
(Included in Director's book only)
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