LETTER TO MR. W. E. COLBY FROM BELLA S. ABZUG

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78M02660R000300010054-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: October 4, 2004
• Sequence Number: 54
• Publication Date: September 26, 1975
• Content Type: LETTER

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? eELLJ1 S. ANZUG, N.:.,cH~RA Oved For Release 2004/10/12 : CIA-RDP78MO266OR0003000100~F7 ICEJ? RROWN. OHIO
LEO J. RYAN. CALIF. P L MCCLOSKEY, JR., CALIF.
.PHIS ZONYERS, JR., MICH.
ToR?ERT H. MACDONALD. MASS. NINETY-FOURTH CONGRESS
JOHN E. MOSS, CALIF.
M11.HAF.L HARHINGTON, MASS.
ANDREW MAGUIRE, N.J.
ANTHONY MOFFETT. CONN.
,Congrofs of the aniteb btate
3 auO of 3eprOentatibe0
GOVERNMENT INFORMATION AND INDIVIDUAL RIGHTS
SUBCOMMITTEE
OF THE
COMMITTEE ON GOVERNMENT OPERATIONS
RAYBURN HOUSE OFFICE BUILDING, Room B-349-B-C
WASHINGTON, D.C. 20515
September 26, 1975
Mr. W. E. Colby
Director
Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Colby:
In planning for hearings on proposed legislation to establish
a statutory basis in the Freedom of Information Act for the pro-
tection of certain information in the interest of national defense,
this Subcommittee necessarily must review the practical application
of security classification policy currently promulgated in
Executive Order 11652.
Accordingly, would you please furnish us information on the (,,
matters referred to below. In addition to all other agency informa-
tion, the questions apply to information revealing intelligence
sources and methods since section 9 of Executive Order 11652 re-
quires that any special requirements which are imposed on such
information be in conformity with that order.
1) Implementation of Policy. Please identify each
office in your agency that is functionally responsible
for developing and publishing regulations in implementa-
tion of policy in Executive Order 11652 for classifying
and declassifying official information.
2) Criteria for Official Information. What is the criteria
established by your agency for its use in determining
whether an item of information is "official information"
and subject to possible classification under Executive
Order 1165?? Please include comment especially applicable
to intelligence sources and methods.
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Mr. W. E. Colby
September 26, 1975 Page 2
3) Criteria for Classifying. Please state the criteria
established by your agency for its use in determining:
a) whether an item of official information other than
intelligence sources and methods, requires protection
under Executive Order 11652 against unauthorized dis-
closure in the interest of the national defense of
the United States?
b) whether an item of official information revealing an
intelligence source requires protection under 50 U.S.C.
403(d)(3) and Executive Order 11652 against unauthorized
disclosure"in the interest of the national defense of
the United States.
c) whether an item of official information revealing an
intelligence method requires protection under 50 U.S.C.
403(d)(3) and Executive Order 11652 against unauthorized
disclosure in the interest of the national defense of
the United States.
4) National Defense and Foreign Relations. Section 1 of Executive
Order 11652 requires that official information be classified
for protection against unauthorized disclosure in the interest
of (i) the national defense or (ii) foreign relations of the
United States. This Presidential directive shows that
"national defense" and "foreign relations" are mutually ex-
clusive alternatives for deciding whether to classify
information.
a) Are there circumstances in which the unauthorized disclosure
of information regarding foreign relations of the United
States, such as the disruption of foreign relations, could
reasonably be expected to cause damage to the national
defense?
b) Could the Central Intelligence Agency perform its functions
effectively if your authorit to classi in ormation for
secrecy shoul e smite to information requiring protection
in the interest of national defense, as was the case under
Executive Order 10501?
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Mr. W. E. Colby
September 26, 1975 Page 3
5) Authority to Classify. Please state:
a) The number of senior principal deputies and assistants
to the Director who currently exercise authority under
section 2(A)(2) of Executive Order 11652 to classify
information originally as Top Secret.
b) The number of individuals, other than those in major
elements of the agency as referred to in c) below, who
exercise authority under section 2(B)(2) and (C) of
Executive Order 11652 to classify information originally
as:
(1) Secret
(2) Confidential
c) The identity of each major element of the agency, as that
term is used in section 2(A)(3) of Executive Order 11652,
and the number of individuals, if any, in each such major
element who currently exercise authority under the
Executive Order to classify information originally as:
(1) Top Secret
(2) Secret
(3) Confidential
6) Effect of Limitation on Authority to Classify. According to
section 2 of Executive Order 11652, and section I.A. of the
National Security Council Directive of May 17, 1972, no person
may exercise classification authority except those officials
who are designated in the order or are specified in writing
pursuant to the order. Section I.B. of the N.S.C. Directive
makes clear the fact that whenever a person incorporates into
a document an item of information that is already classified,
the previously assigned classification shall be reflected on
the newly created document together with the identity of
the classifier. Please advise whether the agency:
a) Permits any person to exercise classification authority
other than the Director and those officials who are
specifically designated in writing pursuant to section 2,
Executive Order 11652.
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Mr. W. E. Colby
September 26, 1975 Page 4
b) Considers this restriction on authority to assign
security classifications as being satisfactory for
performance of agency functions and responsibility.
1) How many officials exercise such authority?
2) What are the instructions that apply to proposals
for (a) assigning such classifications, and (b)
downgrading and declassifying information regard-
ing such projects and programs?
3) How is the assigned classification communicated to
individuals whose duties require that they have
knowledge of it and who are expected to safeguard
the items of information involved?
7) Classification of Projects.
a) Does the agency permit officials with classifying
authority to assign a classification to projects
and programs in their entirety, with no distinction
between classified and non-classified items, and,
if so:
8) Compilations of Non-Classified Information. Does the agency
permit the placement of a security classification marking on
compilations of items of non-classified information, such as a
list of non-classified documents or a reproduction of non-
classified docunents on microfilm, and, if so, what are the
instructions for:
a) Assigning such classifications?
b) Cancelling an assigned classification?
9) Special Handling Procedures. Please furnish us:
a) A list of every marking and designator other than Top
Secret, Secret and Confidential that the agency uses
under section 9, Executive Order 11652, to indicate
special access limitations and special handling require-
ments for classified information, and a statement of
the meaning and use of each such marking and indicator.
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Mr. W. E. Colby
September 26, 1975 Page 5
b) The number of (1) Members of Congress and (2) the
number of Congressional staff employees who are
designated to have access to agency information bear-
ing special access restrictions.
10) Accountability Records. Section 6(E) of Executive Order
11652 requires that appropriate accountability records for
classified information shall be established and maintained.
a) Please describe the system or systems operated by the
agency to account for documents and other items classified
(1) Top Secret
(2) Secret
(3) Confidential
b) Does the agency require that each completed Top Secret,
Secret and Confidential document be recorded on the
designated accountability record, including documents
held by agency contractors, and, i so, is action taken
on a continuing basis to assure adherence to the require-
ment?
c) Does the requirement that accountability records be main-
tained for classified documents serve to make them quickly
available for review when access to them is requested under
the Freedom of Information Act?
11) Systematic Review for Declassification. Section 6(G) of
Executive Order 11652 requiares that classified information
be reviewed on a systematic basis for declassification at
the earliest practicable date.
a) Please describe the system or systems operated by
the agency for reviewing classified documents and
other classified items to determine whether the
classification may be cancelled. (This request applies
to review of individual items, not to review of regula-
tions or guides for assigning classifications.)
b) In practice, is each classified document held by the
agency reviewed specifically for declassification on
any established schedule, such as each six months,
and, if not, would a requirement for such a review be
practicable?
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Mr. W. E. Colby
September 26, 1975 Page 6
c) Is each classified document held by agency contractors
reviewed specifically for declassification (1) on any
established schedule, and (2) at completion of the
contract which required use of the document?
d) Is each document with a classification notation reviewed
specifically for declassification at the time it is
processed out of an office for retirement, and if not,
why cannot such a review be made?
e) Please advise us of any special instructions on re-
viewing intelligence sources and intelligence methods
for declassification, including the authorization for
declassification.
12) Exemption of Classified Information from General Declassifica-
tion Schedule. Please state, to the extent practicable, the
percentage of agency documents in each classification category
that are designated as being exempt Nom the general declassifi-
cation schedule in section 5(A), Executive Order 11652.
13) Classified Contracts. Would you please state:
a) Approximately how many of the agency's prime contracts
currently in force involve disclosure to the contractor
of information classified -
(1) Top Secret
(2) Secret
(3) Confidential
b) Approximately how many agency projects that are currently
under contract awarded by some other agency involve dis-
closure to the contractor of information classified -
(1) Top Secret
(2) Secret
(3) Confidential
c) How many different commercial firms and other non-Federal
entities are involved in performance of the agency's
classified contracts.
'14) Nqn-Classified Intelligence Sources and Methods. If an
item of information revealing an intelligence source or
an intelligence method does not qualify for a classifica-
tion of Confidential or higher under Executive Order
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Mr. W. E. Colby
September 26, 1975 Page 7
11652, do you consider that you have responsibility under
50 U.S.C. 403(d)(3) for protecting such information from
unauthorized disclosure, and, if so:
a) What is the basis for that belief?
b) What criteria apply in determining the need for
protection?
c) What protection system is used?
d) What would constitute an unauthorized disclosure?
15) Referral of Violations to Department of Justice. Please
state the number of cases arising in the agency during
the preceding two-year period under section 13, Executive
Order 11652, involving:
a) An officer or employee being disciplined for the
unauthorized disclosure of classified information.
b) The referral to the Department of Justice of a
possible violation of criminal statutes regarding
unauthorized disclosure of information.
With best regards, I am
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