THE CASE BILL -S.596 SYMINGTON SUBCOMMITTEE LETTER SPECIAL SECURITY CLEARANCES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000200010081-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: July 31, 2006
• Sequence Number: 81
• Publication Date: March 18, 1971
• Content Type: MFR

Approved For Release 2006/08/0 1. Li P74B00415R000200010081-6
C.f ?,
18 March 1971
MEMORANDUM FOR THE RECORD
SUBJECTS: The Case Bill - S. 596
Symington Subcommittee Letter
Special Security Clearances
1. Accompanied Mr. Houston to a meeting called by Fred Buzhardt,
General Counsel, DOD. In attendance at the meeting were Messrs.
Stuart French, OSD /ISA, anT General Counsel, NSA. 25X1
2. It was the general consensus that the issue involved in the Case
bill and Symington letter was Executive privilege and that now was the
time to "bite the bullet. "
a. Case bill: It was agreed that State's proposed coordinated
Executive Branch views on the Case bill should be revised accordingly
and Mr. Houston's suggested revision concerning the intelligence position
would be coordinated with Mr. Buzhardt.
b. S in ton letter: NSA has already replied identifying
F s the point of contact. Mr. Houston said he wanted
to consider inser ing appropriate language in the Agency's reply, which
identifies Mr. John Maury as the point of contact, to the effect that the
reply not be interpreted as agreeing to review and inspection of our
operational activities by the Subcommittee.
c. Committee jurisdiction: It was agreed that the Senate scene
had changed much with the passing of Senator Russell and that it is quite
difficult, if not impossible, for the Executive Branch to agree that com-
mittee jurisdiction is being improperly invaded by the Symington proposal.
Mr. Buzhardt observed that the key is Senator Margaret Chase Smith,
who may be able to persuade Senator Stennis that matters have gotten
out of hand and that it is time to draw the line and make a stand now.
CRC, 3/17/2003
SIC-14111
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d. Working group: Buzhardt suggested the preparation of background
papers for the use of the "working group" and for Bill Rehnquist, Assistant
Attorney General for Administration, Department of Justice, who would
play a key role in the formal Executive privilege process. In this con-
nection, Mr. Houston said we would make available a paper on sources
and methods which had been prepared for PFIAB. Mr. French had
prepared a paper proposing subject areas for invoking Executive privilege.
Mr. Buzhardt ticked off the eleven areas involved and they seemed to be
similar to those that had been followed in instructing witnesses scheduled
to appear before the Symington Subcommittee last Congress.
e. Security clearances (Symington letter): It was the general con-
sensus that the issue was not clearance, but access. The pros and cons
of placing the responsibility on State for initiating clearances was dis-
cussed. The Defense people felt they could do a better job riding herd
on clearances if they controlled those which were granted to cover DOD
information. Specifically, there was talk of tightening up on (1) clearance
briefings, (2) travel restrictions, (3) currency of background investigation,
and (4) clearance termination.
SICNED
Assistant Legislative Counsel
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