HR 12004 - A BILL TO AMEND THE FREEDOM OF INFORMATION ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700230059-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: December 20, 2001
• Sequence Number: 59
• Publication Date: January 25, 1974
• Content Type: MF

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SUBJECT: (Optional)
HR 12004 - A Bill to Amend the
Freedom of Information Act
Howard J. Osborn
Director of Securi
TO: (Officer designation, room number, and
building)
OFFICER'S I COMMENTS (Number each comment to show from whom
INITIALS to whom. Draw a line across column after each comment.)
Ass - L. eg, ousel I STA1fINTL
If. Attn: P.
Legislative Counsel
FORM
3-62
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G 1 O USEDITIREVIOUS ON$ ^ SECRET
^ CONFIDENTIAL ^ INTERNAL
USE ONLY LJ UNCLASSIFIED
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25 JAN 1974
MEMORANDUM FOR: Legislative Counsel
STATINTL
Assistant Legislative Counsel
SUBJECT HR 12004 - A Bill to Amend the
Freedom of Information Act
REFERENCE OLC Buckslip to DD/PEM/OS dtd 9 Jan 74,
Subject as Above
1. HR 12004 proposes to amend Section 552 of Title 5
of the United States Code (the Freedom of Information Act)
by inserting additional sections dealing with the classifi-
cation/declassification procedures to be followed in regard
to national defense information. A review of the Bill has
disclosed that several of the provisions would pose serious
problems for the Agency, both from an administrative and a
security standpoint.
2. The Bill, like EO 11652, establishes two broad
categories for the protection of classified information:
nonexempt information which is subject to automatic down-
grading and declassification, and exempt information (four
subcategories) for which special procedures permitting ex-
tension of the period of classification are provided.
Classified information containing references to intelligence
methods and sources would fall into the exempt category,
however, the continued protection of this material would be
contingent upon:
a. Transmittal to and review by a Classi-
fication Review Committee (CRC), to be estab-
lished by other provisions of the Bill; and
b. A written, detailed justification from
the President, which could be over-ridden by a
two-thirds vote of the CRC.
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3. Unlike the Executive Order, the Bill would force
the automatic declassification of two types of documents
now protected:
a. Information received from foreign
governments or international organizations
with the understanding that it receive con-
tinued protection equivalent to that afforded
it by the releasing entity; and
b. Documents the unauthorized disclosure
of which would place an individual in immediate
jeopardy.
The obvious effect of curtailing the ability of the
President and the Executive Departments to protect foreign
information would simply be the abrupt loss of that source.
4. The most serious overall aspect of the Bill appears
to be the provisions requiring annual review and downgrading
of all material falling into the nonexempt category by those
individuals holding original classification authority in each
agency, coupled with the further requirement for review and
formal request for continued classification of information in
the exempt subcategories (including intelligence sources and
methods). The sheer volume of such information generated and
held by the Agency would make the carrying out of such pro-
cedures a tremendous administrative task, particularly when
viewed within the limitations imposed by current personnel
ceilings. Additionally, all material classified prior to the
15-year period immediately preceding the effective date of
the enactment of the Bill would be automatically declassified
within six months thereafter. This would represent a one-
time task of huge proportions and would, again, conflict with
the DCI's responsibility for the protection of sources and
methods.
5. The Bill also requires the quarterly compilation
and transmittal to. the CRC by the head of each agency of a
full and complete list of the names and addresses of all
individuals within such agency who have the authority to.
classify official information, including a breakdown by
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category; i.e., TOP SECRET, SECRET, CONFIDENTIAL. It would
further require that a copy of each such list be made avail-
able, upon written request to the agency head, to any. com-
mittee of Congress and the Comptroller General of the United
States. This provision would create serious problems for the
Agency in regard to those persons who are in a cover status
and would appear to serve no truly useful purpose.
6. In summary, it seems clear that the passage of
this Bill would present a great administrative burden on the
Agency; would seriously jeopardize the continued protection
of sensitive information; and would result in the probable
cut-off of classified material now being furnished by.foreign
governments.
7. The Office of Security position would be that the
Bill should be opposed in its present form. Please advise
if we can be of any further assistance in this matter.
ATINTL
`4(owara J J. shorn
Director of ecur.ity
cc: C/ISAS
EO-DD/MES
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