LETTER TO HONORABLE CHET HOLIFIELD, CHAIRMAN FROM W.E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700230039-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: December 20, 2001
• Sequence Number: 39
• Publication Date: May 28, 1974
• Content Type: LETTER

Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7~'"~(
OLC 74-0983
CENTRAL ; i lT :i,.LI G ;NCZ AGENCY
2 8 MAY 1974
Honorable Chet Holifield, Chairman
Committee on Government- Operations
House of Representatives
Washington, D. C. 20515
Dear Mr. Chairman:
This is in reply to your request for this Agency's views on
H. R. 12004, which amends the Freedom of Information Act to provide
for the classification and declassification of official information in
the interest of national defense.
1-1. R. 12004 establishes a statutory program for classifying,
downgrading, and declassifying official Government information,
which in general parallels the program established by Executive
Order 11652, "Classification and Declassification of National Security
Information and Material." Underlying our comments is the necessity
for preserving the sensitive Intelligence Sources and Methods used
in gathering foreign intelligence information, The classification of
foreign intelligence information carries with it the added burden of
protecting the Intelligence Sources and Methods that are involved in
its collection and analysis. Grave damage to the nation's security
could result if such Sources and Methods are not adequately protected.
For example, vulnerable foreign sources would be understandably
reluctant to provide information if they could not rely upon the
protection of their identity.
The Congress recognized these underlying considerations in
the National Security Act of 1947, Section 102(d)(3), which provides as
follows:
"That the Director of Central Intelligence
shall be responsible for protecting intelligence
sources and methods from unauthorized
disclosure. "
Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
We urge. consideration of this background in evaluating our comments
on II. R. 12004. Our, analysis and comments on pertinent provisions
of the bill follow:
Proposed System of Classification
a. Section 3 of the bill establishes a statutory program for the
classification of official information. Such classified information is
to be known as "national defense information" and its degree of
sensitivity must relate to ''the national defense of the United States. "
Categories of "Top Secret," "Secret" and "Confidential" are the
designators of classified information under specified criteria. No
specific examples of those matters requiring protection are given.
Comment
The criteria and designators for classification
categories in H. R. 12004 are the same as in Executive
Order 11652, except that in defining that official
information requiring protection, the Executive Order
uses the term "national security," which is further
defined as being "in the interest of the national defense
or foreign relations of the United States. " The Order
also lists specific examples of those matters. requiring
protection. Included are Intelligence Sources and Methods.
Since H. R. 12004 does not define "national defense
of the United States" it is not clear as to what information
would come under this category. The term alone would
appear to include only military information and to ex-
c.lude, inforitnation which concerns foreign policy and
other matters of national importance, but which are
not, directly related to national defense. If a classi-
fication program is made statutory it should set .
forth clear and full definitions to avoid ambiguities.
b. Under the bill, only a limited number of identified agencies
are authorized,to classify information. The President can authorize
only offices within the Executive Office.
Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
Comment
The authority of agencies to classify
and at what levels should be flexible and discre-
tionary with the President rather than fixed by
statute. Matters of national interest requiring.
protection are not necessarily confined to a
limited number of agencies within the Executive.
For example, recently the Treasury Department
became a member of the United States Intelligence
Board and there has been an exchange of intelligence
information at the Top Secret level. Under H. R. 12004,
Treasury could not classify information above Secret.
c. Under H. R. 12004, the identity of the classifier must appear
on all classified documents and the names and addresses of all persons
authorized to classify must be furnished quarterly to the Classification
Review Commission and, upon request, to any member of Congress
or the Comptroller General.
Comment
The CIA cannot disclose names and addresses
of all personnel having authority to classify information.
Section 6 of the Central Intelligence Act of 1949
(50 U. S. C. A. 403g) exempts CIA from the provisions
of any law requiring the disclosure of the names of
any of its employees.
Proposed System of Doading and Declassification
Section 3 of H. R. 120.04 provides for- the automatic downgrading of
classified information to a lower classification at one-year intervals
until declassified. Only certain categories of Top Secret classified
information are excluded from this scheduled declassification. These
include information expressly exempt by statute or which discloses
Intelligence Sources and Methods. The exempted categories of
Top Secret material are to be downgraded to Secret at the end of
one year from date of classification and then submitted to a Classification
Review Commission, established under the bill, for its determination
as to declassification. The Commission may extend the classification
if the President submits a written justification; however, the Commission
at any time may order declassification by a two-thirds vote.
Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
3
 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
Comment
Intelligence information cannot be subject
to a broad program of automatic downgrading
and declassification. Reports must be carefully
reviewed prior to declassification to assure
protection to Intelligence Sources and Methods.
Further, the review must be conducted by
experienced Agency intelligence analysts since
the ultimate statutory authority for protection
rests with the Director of Central Intelligence.
H. R. 12004, by attempting to remove the
judgment and authority of the Director of Central
Intelligence in the declassification of all intelli-
gence information, including Top Secret, is in
direct.conflict with the Director's statutory
responsibility to protect Intelligence Sources and
Methods. The decision to declassify has even
more import than the decision to classify and
must rest on the judgment of the Director.
Authority of the Classification Review'Commission
Under the bill, the Classification Review Commission is
authorized to prescribe the standards and procedures for the handling
of official information and to assure the trustworthiness of individuals
who require access. The Commission is also given broad subpoena
powers to require the appearance of witnesses and the production of
any evidence relating to matters under its investigation. The Commission
has the authority to investigate complaints from within or outside the
Government of alleged improper classification of official information.
Decisions of the Commission are subject to court review.
Comment
The broad authorities of the Classification
Review Commission would directly conflict with,
the Director's statutory responsibility to protect
Intelligence Sources and Methods, and his other
Approved For Release 2002/01/10 : CIA-RDE76M00527R000700230039-7
 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7
authorities relating to the Agency's overall per-
sonnel and physical security program. Established
security disciplines carefully developed over the
years would be seriously impaired.
For the above reasons, the Central Intelligence Agency opposes
the enactment of H. R. 12004 since it does not provide adequate protection
for Intelligence Sources and Methods.
This Agency was established to meet the critical need for
information at the national levels of Government. Since the Government
serves the people, we clearly recognize that they must be informed on
matters of national importance. Our basic responsibilities, however,
are to the elected and appointed officials in the Executive and Legislative
Branches of Government consistent with the imperative importance
of protecting Intelligence Sources and Methods, as prescribed by
the Congress. Whenever possible we do publish unclassified material
and will continue to do so. This effort is however consistent with our
basic statutory responsibilities and consistent with the protection of
those security factors vital to the continued effectiveness of the Agency.
The Office of Management and Budget advises that there is no
objection to the submission of this report from the standpoint of the
Administration's program.
Sincerely,
IGNF.~?_ 'r
W. E. Colby
Director
Distribution:
Orig - Addressee
1 - DCI
1 - DDCI
1 - ER
- OLC Subject, w/basic
1 - OMB Liaison file, OLC
1 - OLC Chrono
STATINTL
5
Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230039-7