GSA DRAFT REPORT ON H.R. 2994, TO AMEND THE NATIOANL SECURITY ACT OF 1947 TO ESTABLISH BY LAW A SYSTEM FOR THE SECURITY CLASSIFICATION AND DECLASSIFICATION OF SENSITIVE INFORMATION RELATING TO THE NATIONAL SECURITY.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001101350018-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: March 19, 2010
• Sequence Number: 18
• Publication Date: September 23, 1985
• Content Type: MEMO

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OLL 85-2820
Office of Legislative Liaison
Routing Slip
21 Oct 1985
Date
27 Sept 1985
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INFO
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2. DD/OLL
3. Adman Officer
4. Liaison
5. Legislation
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 EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
September 23, 1985
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer-
Department of Justice
National Security Council
Department of Defense
Central Intelligence Agency
Office of Personnel Management
Department of Energy
Department of State
SPECIAL
SUBJECT: GSA draft report on H.R. 2994, "To amend the National
Security Act of 1947 to establish by law a system for
the security classification and declassification of
sensitive information relating to the national security.
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later than
October 21, 1985
Questions should be referred toSueThau/TraceyLawler (395-7300)+
the legislative analyst in this office.
>-i70,
RONALD K. PETERSON FOR
Assistant Director for
Legislative Reference
Enclosures
cc: Jill Kent
Arnie Donahue
Mike Horowitz
Bob Howard
SPECIAL
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ul)L111L Services Oversight
Administration Office Washington, DC 20405
Honorable Les Aspin
Chairman
Committee on Armed Services
House of Representatives
Washington, DC 20515
The Information Security Oversight Office (ISOO) wishes to submit
its views on H.R. 2994, "To amend the National Security Act of
1947 to establish by law a system for the security classification
and declassification of sensitive information relating to the
national security, and for other purposes." ISOO is an adminis-
trative component of the General Services Administration, but
receives its policy direction from the National Security Council.
ISOO opposes the enactment of H.R. 2994 for several reasons.
First, we believe that it is unnecessary. The current system
established by Executive Order 12356 for the classification,
declassification, and safeguarding of national security informa-
tion is working well. Given this fact, there is no reason at
this time to legislate substitute provisions. Second, the system
proposed in H.R. 2994 is not as complete as the one prescribed in
E.O. 12356. The bill leaves out critical elements that may or
may not be covered by subsequent regulations. Among them is the
absence of any provision mandating oversight of the program by an
impartial organization or by the agencies themselves. Another is
the proposal's failure to deal with the essential area of securi-
ty education and training.
ISOO also opposes enactment of H.R. 2994, because administration
of the security classification system requires flexibility and
the means to act quickly. Recent events support the need for the
executive branch to have sufficient maneuverability to deal with
fast-breaking security-related matters. Such flexibility would
not be guaranteed by incorporating the classification system into
a statute.
There is a further problem with regard to Titles V and VI.
Although ISOO defers to the views of the Department of Justice on
legal matters, it is our view that these sections of H.R. 2994
pose serious constitutional issues. Specifically, we believe
that these titles infringe directly on the President's Article II
powers as architect of United States foreign policy and as Com-
mander in Chief. To date, it has been the President's preroga-
tive to establish the parameters of the system regulating the
classification, declassification, and safeguarding of sensitive
national defense and foreign affairs information. The Presi-
dent's responsibilities in this area have been recognized
statutorily by Congress in such legislation as the Freedom of
Information Act (5 U.S.C. ? 552(b)(1)).
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2
Title VII would establish penalties for the unauthorized
disclosure of classified information by Federal employees. While
ISOO agrees generally with the goals of this provision, it
believes enactment of legislation in this area at this time is
premature, pending the results of an ongoing review of the issue
within the executive branch.
The Office of Management and Budget has advised that from the
standpoint of the administration's program, there is no objection
to the submission of this report to your committee.
STEVEN GARFINKEL
Director
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