SUMMARY REVIEW OF H.R. 12004

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700230061-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 15, 2016
• Document Release Date: November 17, 2003
• Sequence Number: 61
• Publication Date: January 17, 1974
• Content Type: MISC

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FORM NO. 917 Use previous editions
OGC Has Reviewed
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I
17 January 1974
classification and declassi ication_ n t e n erect of national defense.
Summary Review of H. R. 12004
The purpose of this: Bill isl~:o amend Section 552 of Title 5,
U. S. Code.(known as the Freedom of Information Act) to provide for the
The iil& would add four new subsections covering (a) a classification
systhm similar to that of E.O. 11652, (b) a declassification system,
}
(c) a new supervisory mechanism (a "Classification Review Commission"),,
and (d) the, mechanics for supplying Congress and the Comptroller-General
with: classified information if requested (some limitations are included).
2. The eeaaapt basic concept of the type of information which
{Con c,v~(` afi information"
should be classified differs. from th a"national security cax daffaflticoaz
in the Executive Order and reverts to the older concept of "national defense
information". Thus tkexaxJ&zxaxpxst the Bill contains no provisions for
the protection of material bearing on the conduct of foreign relations,
and theft is no recognition of any need for such protection.
3. The proposed three-level classification system does not differ
ccont}ained in
significantly from that at E.C. 11652, though no examples of classifiable
items are provided. The number of departmentslagencies authorized to
i at they
classify, Top Secret level is reduced from 12 to 7; at the Secret level
from 1.3 to 3; and two agencies wcr3dav-- at he Confidential level
agencies -a not changed significantly, but two requirements would pose
an uidesirable burden on the head of any agency: (a) the provision that
such head must authorize all delegations of classifying authority in his
agency, and (b) that he must review them on a semiannual basis for continuing
need In addition to the present requirement to maintain lists of all
auth rized classifiers, the Bill provides for quarterly submission of such
list to the new "Classification Review Commission" and, on request, to
comm ttees of Congress or the Comptroller-General.
1 5v
-a one,in the E.O.).
4. The limits of downward delegation of classifying authority within
STAT
STAT
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5. National defense information provided by foreign governments or
n, provision for,,
international agencies is pratecte~d 6yke-q vaTent classification, but
'
up in that such information may not be denied to
- a real problem comes
Congress because of such classification,
The proposed new schedule for declassification would sharply
a celexate the process by downgrading at 12-monti intervals: from Top
Secret to declassified. Only certain kiqwx categories of Top Secret
information 4s exempted from this schedule:
a. that specifically exempted from disclosure by statute;
b, that pertaining to cryptographic systems;
c. that which discloses intelligence sources or methods; and
d. that which would "disclose a defense plan, project, or other
specific defense matter" the disclosure of which could cause "exceptionally
grave damage to the national defense of the U.S."
It is not clear whether the Agency's information, sources and methods
would still be sufficiently protected under the National Sedurity and CIA
Acts of 1947 and 1949. Covert action operations would appear to be unprotecte
Ih-(e.si `mzi-Ws" is C-4rlrl
ftM-i the new declassification schedule
7. The Agency would certainly object strongly to the procedures for
handling the ascusk downgrading of exempted Top Secret information. These
t~_as~ Phis zs, -~,
call for downgrading to Secret after 12 months, followed by trans~er,to
the! '1Classi#ication Review Commission'{' whichA, determine# the pace of
i e,, W: wd tae//
further downgrading.,`} Presidential into- entton f required to extend the
Secret classification beyond a maximum of four years, but the Commission ec~rfl
by a two(thirds vote of all, nine members overrideha--p
reg4est. Also the Bill is not clear as to what happens if the Commission
does not vote to extend the Secret classification through the first four
member Commission would be appointed by the President, wit n Senate's "advice
Cana. cansenr'?, aaau wit-n input- a.LUUI t-LL apctsaee:a vi. t-ue dons= tsaau a ue c, easveus
8. The proposed Classification Review Commission differs considerably
from the present Interagency Classification Review Committee. The nine.
per
tempore of the Senate. There is no requirement for any expertise or
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fami~iar-3ty with classified information or the agencies producing same.
9. The Commission'-143. prescribe standards and procedures for
eseese provs ons
nd.ing classified information. 1seem1t to be in conflict with
r sera wry responsibilities. Among the procedures ac
The_ireJo_
hat there shall be no withholding of such information from
10, The Commssion would have subpena powers to require attendance
and testimony of witnesses;:it would publish annual reports of its
activities and make available its proceedings for public inspection; and
itg would make continuing investigations/appraisals of the policies,
proc duressand operations of agencies which classify info. All of these
pose real problems for the Agency.
1. On vote of at least 3 members, the Commission shall investigate
of agent
alle ations of improper classification of info and failur to comply with
the mmission's orders or directives. This is potentially troublesome
for the Agency.
I1
Th
C
ommission shall"furnish to Congress, committees of Congress,
e
2.
and the ComptrollerKC-eneral, upon request, certain classified information
nece sary for Congress to discharge fully and properly all of its consti-
tuts nal responsibilities." This ,,obviouslyha real problem for the Agency.
13, Section (g) contains lengthy procedures for handling requests from
Congress, committees of Congress, and the Comptroller-General for classified
information. If an agency objects-to the release of requested information,
the 1ommission will conduct an investigation and weigh the extent to which
Congress needs the information against the dangers to the U. S. from the
disclosure of same. At the Commission hearing, each party may submit
evidnce, rebut other evidence, and cross-examine other witnesses. The
Comm1ttee's decision shall be announced within 3 calendar working days
afte , the hearing.
14. The Commission may issue an order prescribing the terms and
cond1iitions necessary to protect the information. Judicial appeal by
eithe1r party is is via the U.S. Court of Appeals in D.C., only, and the
cnnrc.4M (inert.
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115. Section 4 of the Bill states that "it is the sense of the Congress
shall keep Congress fully and currently informed
1 of 'the activities of agencies covered under this Act."
under this proposed Act, could we protect our sources
ILLEGIB
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