DDI COMMENTS ON THE HEBERT/ARENDS BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000500010009-0
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: September 12, 2005
• Sequence Number: 9
• Publication Date: August 13, 1971
• Content Type: MF

Approved For Release 2005/11/23 : CIA-RDP80BO1495R000500010009-0
Approved For Release 2005/11/23 : CIA-RDP80BO1495R000500010009-0
 Approved For Relge 2005/111f DP80B01495R0000010009-0
13 August 1971
MEMORANDUM FOR: Acting Legislative Counsel
SUBJECT : DDI Comments on the Hebert/Arends Bill
1. Recent weeks make it clear that something should
be done to put our classification house in order and to
tighten up the procedures governing the protection of
classified material. Regardless of the need for these
actions on the good intent behind the Hebert/Arends Bill,
I have several major reservations on the proposed legis-
lation.
2. First, the present draft seems to provide an
excellent tool for penetrating Executive privilege. The
wording is highly ambiguous and open to a wide range of
interpretations. For example, while we have verbal as-
surances the Commission would not concern itself with
substance, there is nothing in the bill to prevent aggres-
sive members of the Commission from delving into substance.
This could arise particularly in the attempt to strike a
proper balance between a "free flow of information" and to
"provide for the security of the U.S." The language of
Sections 502 and 505 are of particular concern to me on
this score.
3. I also am apprehensive about the provisions in
Section 503 permitting hearings to be held by less than
a quorum. I can envision a time when aggressive and
publicity-minded members of the Commission might find this
a most unique opportunity for headline-grabbing.
Approved For Release 2005/11/23 : CIA-RDP80B01495R000500010009-0
 Approved For Relea,,,se 2005/11/23.: CIA-RDP80B01495R0Q05.00010009-0
Subject: DDI Comments on the. Hebert/Arends Bill
4. The draft legislation also focuses only on
CIA, Defense, and NSA and if the legislation is to
do its job effectively, other government agencies
should be involved.
5. We should not feel too comfortable with the
fact that in this case our friends on the Hill are
trying to get a handle on the problem; our friends may
not always predominate in this arena. Finally I would
note that we are currently in the position of having
to react to proposals made outside the Executive Branch.
I feel strongly that the Executive Branch should take
some immediate steps to pick up the initiative on
classification policy. As you know, this whole subject
currently is under White House review and the Office of
Security is participating in a National Security Study
(NSSM 113) which aims at many of the same objectives as
the Hebert/Arends Bill. Thus we should focus our efforts
on moving these programs rather than reacting to Con-
gressional initiatives, regardless of the good intentions
,involved.
PAUL V. WALSH
Acting Deputy Director
Attachment: for Intelligence
NSSM 113
Distribution:
Original - Addressee w/attachment
Y- O/DDI File
1 - O/DDI Chrono
1 - A/DDI Chrono
Approved For Release 2005/11/23 : CIA-RDP80BO1495R000500010009-0