HEBERT/ARENDS BILL TO ESTABLISH A COMMISSION ON INFORMATION PROTECTION AND THE NATIONAL SECURITY-- H.R. 9853

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000500010017-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 14
• Document Creation Date: December 19, 2016
• Document Release Date: September 12, 2005
• Sequence Number: 17
• Publication Date: July 23, 1971
• Content Type: MFR

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23 July 1971
SUBJECT: Hebert/Arends Bill to Establish a Commission on
Information Protection and the National Security--
H. R. 9853
1. Representatives Hebert and Arends have cosponsored a bill
to establish a "Commission on Information Protection and the National
Security. " Under the provisions of this bill the Commission would be
charged with conducting a continuing study and review of--
"all laws, rules, regulations, executive orders,
and directives relating to the designation and use
of, access to, and protection of information
affecting the national security possessed by the
Department of Defense, the Central Intelligence
Agency, and the National Security Agency. "
The Commission would also concern itself with the adequacy of these
laws and regulations in light of the "... need to maintain a free flow of
information and the necessity to provide for the security of the United
States. "
2. Scope
The Commission's studies would include the executive,
legislative and judicial branches of the Government with respect to
classifying, reclassifying, declassifying and otherwise controlling
and protecting information affecting the national security.
C
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3. Membership
The Commission would be composed of 12 members
appointed as follows:
a. Two Members of the Senate appointed by
the President pro tempore.
b. Two Members of the House appointed by
the Speaker.
c. Four appointed by the President who are
present or former Government employees.
d. Four appointed by the Chief Justice of the
United States with legal education, training or
experience.
4. Power s
The Commission would have the usual authority to take
testimony, administer oaths, and issue subpoenas and may secure
information from any department or agency necessary to carry out its
responsibilities.
5. Reports
The Commission would be required to transmit annual
reports to the President and to each House of the Congress and such
interim reports as it deems necessary. The reports would cover the
Commission's findings, conclusions, and recommendations as to
procedures to be taken within the executive branch to protect the secrecy
of information affecting the national security and procedures to be
followed by the courts in judicial hearings involving information affecting
national security. The first report would include such recommendations
for legislative and administrative action as the Commission deems
advisable.
6. We have discussed this proposal with Mr. Frank Slatinshek,
Assistant Chief Counsel, House Armed Services Committee, who drafted
the bill. He said there is considerable pressure in the House for action
to deal with the problem of inadequate and outdated laws, regulations and
Coll I E TIA1
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procedures governing the protection of classified information. It is
the object of the sponsors of the bill to put before the Congress a
reasonable approach to the subject under adequate controls. They
feel that until some action is taken along this line, it will be extremely
difficult to prosecute cases like that of Daniel Ellsberg. Consideration
was given to having the Armed Services Committee conduct its own study
of the problem but it was concluded that in some quarters this would be
regarded as a "parochial" approach.
7. The bill was worded to include only the Department of Defense,
CIA, and NSA to ensure that it would be referred to the Armed Services
Committee. It is quite possible, however, that the scope of the legislation
will be expanded later to include the Department of State and other Govern-
ment agencies. Mr. Slatinshek said it is intended that the Commission's
authority extend only to practices and procedures and not to substance.
He added that this would be made clear in the legislative history developed
in the Committee's hearings. He went on to say that the Committee
would obviously want expressions from the Agency on the legislation
and would probably want Agency testimony on it in closed hearings.
These hearings will be scheduled after the summer recess and Slatinshek
expects floor action on the bill in this session of the Congress.
8. Interested Agency offices are being asked for their views.
25X1
Acting Legislative Counsel
Distribution:
Original - Subject
1 - DCI
1 - Ex/Dir
1 - DDS
1 - OG C
OLC/
- OPPB
- SA VA
- NIPE -
C Chrono
GONFIPENT I A L
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 Remarks :
As indicated in the attached memorandum,
the house Armed Services Committee plans to
schedule hearings on this bill after the summer
recess. It is forwarded for your information,
but if you have any views on the subject we
would appreciate them by 13 August so we might
coordinate an Agency position on thern_
Act g Legislative Counsel
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
7LC 7D43
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IN TIE HOUSE, OF RETRESENTATIVES
A, ~IA~~j li,'(a rti
92o CONGRESS
IST SESSION
, li l,iil , aII t - :! - !ii , I
illy; a-t the ciid thereof' the Iollowillo new title:
111},. ] Liae~ ~i'1~,(Jo lii-nself,uid Mr. A.xr.NDS) introduced the following bill; which
was referred to the Committee on Armed Services
i4i'~!I!1'I f. !?, -a,T1 '~j +'?. !~,i l+.'iiCt, ti
,ji'
BILL"', To ainend the Nil.tional Socnu'ity Act of 1947 to provide for a
Coilt`limill "rcvlew, mid istndy of measure"', t]lllt ,'hould he
it jkva,,with reisl>ect:i to the deli ;.ull,tion aidi protecition of in-
I'oi iil.rtioii wil,hili the ;llcpartnmcilt o1', Defense .. amid certain
other a? encie;s which :ifl'ects the national security.
Be it enacle(I by the Senate and, House of Representa-
! I i '
lives of the lhtilcd Stales of America in Congress assembled,
T1iiit; tlic National Security Ac:t of 1947 is amended by add-
''Ii I'AIiy,Iail i NI l;NT
'rHw 1. i)t) I ? 'l'ilci'i' is ostilhhshed it cold b sloll to he
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.Tuix 15, 1971
"TITLI.] V-COMMISSION ON THE CLASSIFICA-
TION AND PROTECTION OF INFORMATION
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.1 known as the `Commission on Information Protection and
2 the National Security' (hereinafter in this title referred to as
3 the `Commis!sion')
4
"~Uni~c~s ~s 01? TILE CuM~rrs~ toy ,; -
r ac
J SEC. 502. (a) The Commission shjl.ll conduct a con-
6 tinuing and complete study and review of-
7
"(1) 1111
8 and directives rela.tin to the desiguatioll and use of,
i1ecoss, `tti; and protection of hiforlnatio~n . affecting the
10 national security possessed by the llel-'rtlnent of I)ea
-
11
Tense, the Central Intelligence Agency, and the National
1.2 Security Agency;
13 " (2) the status, justification, adequacy, aIld ell,cc-
1~-t '-I,; r;, l,~ ;,I 1" "1 1 , ~_
1`t tvpI (~~ ()1 . t,}1 )Se 1a4w5 1'ulcs,, regllli),tions (3\l,(,11tive
1,5-i to ~ol~ders.,~~ ld~d~ireciives in light of, the need to jimliaaill ,L
free flow of illforn1,a,t,io11 and,ille ueccssity to provide fur
1.7 the security of the UilitedSta.tes; and
" (3) the policies, procedures, and practicos of the
t,.
19 cxecutivc, legislative, and judicial branches of the Fed-
20
oral Government with respect to chr.ssifyillg, reclassify-
21 declassifying and otherwise controlling and protect-
/O '){''1l~
f
ing in onriation irf ecting rho national security.
"' "MEMBERSh Ip
2111- "~ll~lll~ ~-tlil~ ~I1) N(1IIImoof i%N11 Ai'1411NTAI!111411', 1l~hts
A'li'~ro` will! bii4 1aas~aP1Q0 - 11cF 1El ~' 4R8Q +~~t~5~~Q ffl 1PI
"`i . / ~' 1 1c ci~\ 5 1 u e , 1 egut dolts, executive orders,
26 lows :
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(1.) Two' Members., of 'the Senate.,:fa.ppointod by
the President pro!, temp ore`.,, Members - appointed under
this paragraph shall not be of the.('sai'e IpQliti&al party.
(2) Two If embers, of the IIous.e of R epresenta-
tives appointed by the Speaker ,of the' ! Ilou se' of Rep-
resentatives. Members appointed, under this p-aragmph
shall not be of the same political party.
" (3) Four appointed by-the President f rorim persons
101;
who're past or currenti service in :the = exeeit,tiVe branch
of the Government and ,whose education,-i training, or
11 experience make their specially qualified, to-sdrve on the
1.2 Commission.
13 (4) Four appointed by the Chief) Justice of the
14, IJnitod :States from persons who are specially' clnalifed
15.- to servo on the Commission by virtue ;of their legal oil
16 judicial education, training,: or, experience.
17 A va.ctlney in the Conrimission'shill be filled j n1 the manner iii
1.8 which the original appointment was . , mat,d(,.)
" (b) CONTINUATION OF mem-
20 her of the. Commission who was appointed to thol'Comniis-
21. lion as a Member ,of Congross leaves that 'off ce nor if ar y'
22 member of the Commission. who wa,s appointed from per'-
23 sons who are officers, or` employees of the Government ceases'
fill IlO 1111 %lil'of 111` i'11111)UtV'tII, Iii, Illo (.It?1'orIiIno li, 1I(o dial'
lti,) t4*044~8I be,Fktir iii+2066ii4l20(l16IA.f P8OBO.1495kogpoeb$O017-1
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1+ the ten; day; :period beginning oil the 'date' he leaves that
2 ; office or cpas'es to be an officer or employee.' .' i i 1; I
,3;,
`,` (1.) Except asp provided in paragraph (2) , n oth-
bees shall.be appointed for terms of four years.
'" (2) Any member appointed to fill, -a vacancy oIc-
curring prior to the eXpinitioll of the tOfu for which
,his, predecessor was appointed shall be appointed only
, 9? ;;?l for the remainder of such term. A member may serve
10
iE after the expirations of his: termf until, his' successor hnfw
11; ,
,
. , taken :office.
1.2
" (d) PAY AND TRAVEL EXPENSES.
13'
,i,
:, '' (1),'Except a 'provided in paragraph (2) , neru-
14 i l i h o ii Aers of the Commission shall each be entitled to receive
:1;5 ; $200 for catch day (including; traveltim e) during wlhielh
1G they. are ongnged ill the ac4a1111 ,perfun~~ani~c~,ol' dulios
17 +,;:,vestedin'thi.o Coniu-i.sior1.
1.8 `` (2)''41embers".ol? ,the Coin uissiou. 'wllo+ are full-
19; time officers or employees of, th (t, t TiI I ocl 8ttctcs or Al Oi l c-
21,,;
w,~ bers of Congress ~ shall receive no additional, pay-oil tic'
'I rcount of their service on the Colm fission.
('3) ;.While away from their 1'01 1108 or :.regular
23 r;,places. of business in' the portal ~n;a~ui~~Col' serv ces fur the
.~ 1 , 114 Fill 11fmii1,il' Icic+Mrilrrrs of Ilia ('otciriri';,;imi ~,lrrrll h 10
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1 sistence, in the same nmalaner , as persons employed 'inter-
2 mittently in the Government I service 3 are allowed ex'
3 1 )eases under section 5703 (b) of tiitlet 5' of the, United
States Code.
18
23
" (o) Q uoiim. Seven members of the 'Commission
shall constitute a quorum but a lesser number may hold hear-
ings.
(f) CIIAI1 MAN.r--The Chairman of the Commission
9 shall be elected by the members of tlu Commissiol .
" (g) MI+,LTINGS.-The Commission shall meet at least
once during each calendar year, and afthe call 'of the Chair-
nmall or a majority of its members.
`DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CON-
SULTANTS
"Su~,e. 504. (a) 17iIiT,(1TOIU.-The Commission shall have
a, Director who shall be appointed by the Chairman of the
(lonnnissh)n and who shall be paid at a rate 'not' to exceed
the rate of basic pay in effect for level V of the Executive
Schedule.
(b) S'I'.1Ph'.-SilbiCCt tot such rules as may be adopted
by the Commission, the Director may appoint and fix the pay
of such personnel as lie deems desirable.
" (c) APPLICABILITY OIL' CIVIL SERVICE SLAWS.-The
21 t:Y;14~~ ~1~~ 111' (~~1111111tit~51~111 ti111111 #1t' 111111011111'd s1d1,jt'm 1o Ibl' J)ro-
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1 inents in the competitive service, and shall be paid in accord-
.
2 ance with the provisions of chapter 51 and subchapter III of
3 chapter 53 of such title relating to classification and General
4 Schedule pay rates.
5 " (d) E'i:n'rs AND CUNtiI:l;'1'AN'1' .-~Ill-,jeo 1, to stlclt
G rules,as may be adopted by, the Coniiiiission, the 7)ireetol?
may procure temporary and iuterniittenit sorviceS to the
same extent as is authorized by section ,;109 (b) of title, 5
of the United States Code.
10 ".(0) STAFF oy
11 of the Connnisgion, the head of', tiny Federal agelkey,;is aI1-
thorized to dotail, om it, rcirnhnrmlble basis, any of tl-e Per-
sonnel of such agency to the (1,011uui,,sion to assist it. h u palrry
iiig out its duties under di is title.
"1'owlalr;l OP COMMISSION
"Sic. (11) B EAuI NCS AND SHSSiON$.---'.I'lle Coul-
ntis"'doil may for the innl-use;(~f carl?yilth oul, i.his tide hold
such ,hearitigs, sit au(1 tict itl, Buell tunes and places, take
such tes,tiniony, and receive such evidence, as 1lic Conautis.-
20 Sion may dieeln advisable. The Coltluti5;Niota ti-ay aduunis+lor
oaths or attirnm,tiou's to wi.t1-osses al-l-e~irin ; 1-cforo it..
" (b) Powl,is OF. 1111i;DUiiiia ANn l~1119N't' 1.---Wlloll so
authorized by the Co-ntlnission, .luiy tuO)ul,-er or Iagollt of the
21 (1101111ilfN'HIo11 11111Y 1111i(' IIII~~' teal:::: N%'hl(,11 ,1113 (j1-IIiII11s4lo,tl IN
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1 " (c) 013:ri uN.I NG, O.iq~ ici4 L, DATA.-The Commission
2 may secure directly from Tony. department o.r.agency of the
,;3,, United, States. inforxmml.tioii , necessary , to enable it to carry
4 out this title. Upon request crf the,,Chait7nan of-the Coin-
5 niissiori, the, head of such department !or; -agency shall fur-
6. wish such iitforinati9n to the Commission,
, 7 ,, ",(d) 11CL~~:I,~,- T1>c. G.o~nniission may: tise:Etime United
8 States mails in the same ? manner ,and upon the same cordi-
9 tions as other departments and agencies of the United States.
18
if),
20.
2,
%I
23
`. ` (e) SUI3PLNA POWER.
(1 ). The Commission shall have power to issue
sul>pena.s requiring the attendance and testimony of wit-
Ilesses 111(I the production -ol' arty evidence that relates to
,Lily 1uat.ter u.uder iuvestigationt b>y the Con>niission. Such
-tttetldance of witnesses and the production of such cvi.-
dencc m ay be required from any.pl>tce within the United
States at any designated ~ place of hearing : within the
United. States,
(2) If a person issued a subpena under paragraph
. (1) refuses to obey such sttbpena or is guilty of contu-
u-ac,y, any court of the United States within the judicial
district within which the: hearing is conducted or within
the ,j11(licia-1 district within which 8111.h-person is found
i-1` JVi Iklt\ai 111' 11ii11ti111 t`i -Ilhlili-~?ti 111211' 1111t111 t111111ioal1011 111'
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"''Conlrllission ~to' produce' evidence or' to' give testithoil,y
tou(thing the lna:tter under investigatioii. Any failure to
obey such order" of the court may be punished by such
calm' as acoiltelript thereof.
1 " (3) -T'he' subpenas of the Commission shall be
sel'V'ed ill the'1111111ner pr(-V'ided fc-r slrl)1lell-I,S Isslll'II by 11
7:
United States district court under the Federal I .11les of
'' Civil, Procedure for the United States district, courts.
9 I' 111: 14 (4) 'All process of-'nn court to Which alylicalio n
10 may be made alder this section may he served in the
11 Judicial district wherein rile person re(Illll'N1 to be sl'I'V'ell
~2 resides or 111ay be found.
13 " (I')' l nt n7 it Irrv.---~'1\Tl1"'l pr'op' shall he oXeused I'ronl
1:4,1 lltteudhig mid testifying or' frolil l)1 )(111t'1Ig liool:s, recor(ls,
ir
J eol'rospondCll('e,' doell.lll(wlli`s, l-r (-t.hel' eV'ldellee 111 (-be(llc.llce,
161;1W A. siih1)Ulla., on tho'.`gr(11]Ld that the Iesiiino-ly or evidence
17,
re(jlllred of him Illay ten(. to illcri1CliIIate 111111 or sul),ject, Ililll
to a. penalty or forfeiture; but 114) indiridlull shall be pros-
I.PlI,'ecllted or -subjected to 1Uly l)P11111tyr or 1ol-reil11re for or on
20 ,; account of any transaei.i,ol1, matter, or thing concerning which
lie is
(compelled, after having cla.il11e(1 his privilege agn.illsi,
22,
.aelf~incrilllinl~iiou, to testify or produce (videi-ce, PNeel)l, Llla.l,
23 , sncll ll-dlvldlllll 84) lestil'ying:.-s111111 114)1 l-e eX(911l-t, from I-ros-
evIllioll 111111. I-1IIIi I nlenl for perjury 1'4)11u11illed1 in n4)
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9
" ImPoRTS OF T!E cONMISSION
"SEc. 50G. The Commission shall transmit to the Presi-
dent and to each House of Congress such interim reports
4 as it deems advisable and shall transmit an annual report
5 to the President and to each House of Congress, the first
6 antnutl report to be filed not later than the last day, other
7 titan a. Salan?day or Sunday, occurring before July 1, 1972.
8 The first arimua.l report shall contain a detailed statement
9 of the findings and conclusions of the Commission, including
10 its recommendations as to-
" (1) procedures to be taken (pursuant to Execu-
tive order or otherwise) within the executive branch
of the, Government to protect the secrecy of information
affecting the national security; and
" (2) procedures to be followed by the courts in
the 1lnited States (pursuant to rules promulgated by
the Supreme Court) in judicial bearings involving infor-
nra.tion atiectittg the national security.
19 The first annual report of the Commission and each subse-
20 Anent report shall include such recommendations for such
21 other legislative and administrative action as it deems advis-
22 other legislative and administrative action as it deems
2,> advisable."
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