LETTER TO HONORABLE WILLIAM COLBY FROM SAM J. ERVIN, JR.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000800010001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 14, 2016
• Document Release Date: April 23, 2003
• Sequence Number: 1
• Publication Date: October 5, 1973
• Content Type: LETTER

ERVIN, JR., N.C., CHAIRMAN
0
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HENRY M. JACKSON, WAS R. JACOB K. JAVITS, N.Y.
~. EDMUND 6. MUSKIE, MAINE EDWARD J. GURNEY, FLA.
ABRAHAM RIBICOFF, CONN. WILLIAM B. SAXBE, OHIO
LEE METCALF, MONT. WILLIAM V. ROTH, JR., DEL.
JAMES B. ALIEN, ALA. BILL BROCK, TENN. Cxf ell ,$f of es ,~-ex~af e
AWTON. CHILES , FLA.
U
SAM N
NN, GA.
WALTER D. HUDDLESTON, KY.
ROBERT BLAND SMITH, JR.
CHIEF COUNSEL AND STAFF DIRECTOR
COMMITTEE ON
GOVERNMENT OPERATIONS
WASHINGTON, D.C. 20510
October 5, 1973
Honorable William Colby, Director
Central Intelligence Agency
Washington, D. C.
Dear Mr. Colby:
Re: S. 2451
Attached is a copy of a bill which has been referred to
this committee for consideration.
It will be helpful if you will give the committee the
benefit of your views regarding the provisions of this bill, and
your recommendations as to committee action.
Please transmit your reply in quadruplicate.
Thanking you for your cooperation, I am
Sincerely yours,
Sam J. Ervin, Jr.
Chairman.
CRC, 3/19/2003
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93D CONGRESS
1ST Suaiox
S. 2451
IN TIIE SENATE OF THE UNITED STATES
SEPTEMBER 20, 1973
Mr. IIA mA WAY introduced th? following bill ; which was read twice and referred
to the Committee on Government Operations
ILL
To amend section 552 of title 5 of the I'hiited States Code' to
clarify certain exemptions from its disclosure requirements,
to provide guidelines and limitations for the classification
of information, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 gives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Freedom of Information
4 Act Amendments of 1973".
5
CONFORMING AMENDMENTS
6
SEC. 101. Section 552 (b)
of title 5, United States
7
Code, is amended-
8
(1) by striking out " (b) This section" and insert-
9
ing in lieu thereof " (b) (1) Subsection (a) ";
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] (2) by redesignating paragraphs (1) through (9)
2 as subparagraphs (A.) through (I) , respectively;
(3) by striking out subparagraph (A) , as redesig-
4 na.l ed by c..ause (2), and inserting in lieu thereof the.
following: " (A) designated `Secret, Defense Data' in
acc -ordance, with subsection (d) ;" ; and
7 (4) by insertin., at the end tl~iereof the following
8 new paragraph :
9 " (2) subsection (a) applies to any matter which is
] O declassified under subsect ion (e) ."
] t;GASSIFICATION OF INFORMATION
12 Stc. 102. Section 51,2 of title 5, United States Code, is
1.~ amended by adding at the end thereof the following new
1a subsections :
" (d) (1) The Congress finds and declares that the free
i ; flow of information among individuals, between the Govern-
17 anent and the citizens of the United States, and among the
18 separal e brrmclies of Go,yernment is essential to the proper
19 functioning of the cons-3itutional processes of the United
20 States. The Congress further finds that certain unwarranted
2t policies and procedures or the classification of information
22 and to material have in the past unduly inhibited this free
??.,; flow of information, and that in order to correct this situation
21 it is necess:try to prescribe certain guidelines and limitations
25 for the classilcation of information and material which the
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1 President or the head of an agency determines to require
2 limited dissemination in the interest of national defense.
3 (2) The President and the heads of those agencies
4 listed under subparagraph (A) of paragraph (4) are au-
5 thorized to classify as `Secret Defense Data' any official in-
6 formation or material originated or acquired by them, the
7 unauthorized disclosure of which may reasonably be expected
8 to cause damage to the national defense. Official information
9 or material may be classified as Secret Defense Data only if
:10 its unauthorized disclosure would adversely affect the ability
:11 of the United States to protect itself against overt or covert
:12 hostile action. In no case shall information or material be
13 classified in order to conceal incompetence, inefficiency,
14 wrongdoing, or administrative error, to avoid embarrassment
:15 to any individual or agency, to restrain competition or inde-
.16' pendent initiative. or to prevent or delay for any reason the
release of information or material the dissemination of which
18 will not damage the national defense.
:19 " (3) Except as otherwise provided by law, no designa-
20 tion other than `Secret Defense Data' shall be used to classify
information or material in the interest of national defense.
22 " (4) (A) Official information or material may be orig-
23 inally classified as `Secret Defense Data' by the heads of the
24 following agencies : the Department of State; the Department
25 of Defense and the military departments; the Department of
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1. the 'rrvasurv: the Departxaent of Justice; the Department of
2 Comxncirce; the Department of Transportation; the Atomic
I+jncrg~- Commission. the Central Intelligence Agency; the
4 National Aeronautics and Space Administration; and such
offices within 6v Executive Office of the President as the
t; President may designate by Executive order,
7 " (B) (i) Within the agencies described in subparagraph
S (A), the classi.icatian, ir: the interest of national defense, of
0 official information may Duly be. done by the head of each
10 such agency. aid such ether senior principal deputies, as-
11. sistants, and subordinate officials within each such agency
12 who are designated in writing by the head of each such
13 agency. The head of each such agency shall semiannually
11 review each individual whom he has designated in writing
15 as having authority to classify official information or material,
IG and shall revoke such desigriation in the case of any 'individ-
17 nal whose operational reFponsibilities no longer require that
4,S he have such authority.
19 " (ii) No individual authorized to classify official infor-
20 mation or material may redelegate such authority to any
21, other individual.
22 " (5) Official informLtion. and material shall be classified
23 according to what it contains or reveals, and not according
24 to its relationship with or reference to other information or
2 material.
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" (6) Information or material furnished to the United
States by a foreign government or international organization,
the unauthorized disclosure of which could reasonably be
expected to cause damage to the national defense or to the
5 defense of a foreign government with which the United
6 States is allied, may be designated as `Secret Defense Data'.
7 " (7) Official information or material originated or ac-
8 quired by an agency and classified as `Confidential', `Secret',
9 or `Top Secret' pursuant to any Executive order shall be
10 subject to the provisions of this subsection. Such information
11 or material shall be marked in accordance with the provi-
12 sions of this subsection to show that it has been designated
`Secret Defense Data', or to show that it has been declassified
and cite this subsection or subsection (e) as authority for
such marking.
" (e) (1) (A) Any official information or material
17 which-
18 " (i) is classified pursuant to the provisions of sub-
19 section (d) after the effective date of such subsection;
20 and
21 " (ii) at any time thereafter ceases to meet require-
22 rnents of subsection (d) (2) , or can no longer be pro-
23 tected against unauthorized disclosure, shall be declassi-
24 fled promptly by the President or an individual within
S. 2451 2
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the appropriate agency who has the authority to classify
such information or r.iaterial.
t h) .l+lxcept as 1-ro>idcd in paragraph (2), any official
inforno.-tioll or material which is classified pursuant to sub-
; sectiotu (d) on or after the effective date of such subsection
and which is not deelasufied as provided in subparagraph
7 (a) , shall be declassifiesl automatically upon the expiration
,j of two years alter the ei Id of' the month of its classification.
t; by thO President or an individual witltiii the appropriate
10 ageuc_y' who ltas authority to classify such information or
7 t material, reLratrdless of whether or not the document; or
2 other n-aterial has been ]narked to show the declassiticatio--.
l,, "Vic) Exccpt as provided by paragi aph (2), any official
I iiiforn-ation or material which was originally classified as
15 Cott idential', Secret , or 'Top Secret pursuant to any
tt; l~~xt cnt iwe order during the two-year period immediately
1-rece(iing the effective d_tte of subsection (d), and which il:
classified as `(_iinhdentia_', `Secret', or `Top Secret' on succ1T
eff"'etive date. shall be dccl,tssificd automatically upon the
20,, expiration of two years after [lie end of the mouth of the
1 -tri~~'it,;;l ela-ssi h ~atiou of such information or material, by the
22 President or an individual within the appropriate agency
2- who i,as the authority to classify such h ormatiort or maie-
vial, regardless of whetter or not the doctur-enl or other
material hay been ttiarke,l to slio-~t% the declassification. If the
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original date of classification of such information or material
is not known, it shall be declassified automatically not later
than the expiration of two years after the effective date of
subsection (d)
" (d) Except as provided by paragraph (2), any official
information or material which was originally classified pnr-
scant to any Executive order, directive, memorandum, or
other authority prior to the two-year period. immediately pre-
ceding the effective date of subsection (d) , and which con-
tinues to be classified on such effective date, shall be de-
classified automatically upon the expiration of six months
after such effective date, by the President or an individual
within the appropriate agency who has authority to classify
such information or material, regardless of whether the docu-
meirt or other material has been marked to show the de-
classification.
" (2) (a) Any official information or material which is
classified and which is subject to automatic declassification
as provided in subparagraph (b) , (c) , or (d) of paragraph
(1) may be assigned a deferred automatic declassification
date by the President or the head of the agency which origi-
13
nally classified such information or material or by the head
of the agency which has responsibility for such information
or material in the case of a transfer of functions from one
agency to another, upon a determination by the President
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1 or the agency head that the information or material is of such
9 sensitivity and importance to continue to satisfy the require-
=t rnents for classification f s `Secret Defense Data'. For each
4 item of information or material for which the President or
the head of an agency makes such a determination, he shall
6 submit, in writing, to the Committee on Government Opera-
i tions of the Senate. the Committee on Government Operations
of the I-Iorrse of Beprese natives, and the Coinptrollor Gen-
9 oral of the United States a detailed justification for the
10 continued classification of such information or material. Both
1-1 such committees shall compile and print at least annually as
12 a, publics document all such reports received by them, except
13 that upon recommendation of the President or the head of
14 the agency concerned, such committee may delete from print-
ing any material which itself satisfies the requirements for
16 classification as `Secret Defense Data'. Each such deletion
17 shall be indicated in the Irinted document, and the complete
18 document without deletio as shall be kept in committee files
19 and made available, upon request, to any member of com-
20 r~nittce of Congress. In no case may the President or the head
21 of an agency assign a deferred autorna.tic declassification
22 date of more than two years after the date of declassification
23 provided for under subparagraph (b) , ((,,) , or (d) of para.-
24 graph (1) , except that such official may assign an additional
25 deferred automatic declassification date upon determination
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 e ? e
- yam. , t
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1 that the classified information or material continues to satisfy
2 the criterion for classification as `Secret Defense Data'. For
3 each such deferral such official shall submit a written justi-
4 fication as provided herein. The authority to defer declassifi-
5 cation shall not be redelegated by the head of any agency.
6 Any information or material assigned a deferred automatic
7 declassification date may at any time be declassified in ac-
8 cordance with paragraph (1) (a).
9 " (B) The declassification of secret defense data shall be
10 accomplished by issuance of an official announcement de-
11 scribing or otherwise identifying the information or material
12 to be declassified, or by the classification authority authen-
13 ticating the declassification according to the procedures de-
14 scribed in paragraph (4) on the record copy of a document
15 or other material and notifying all holders of copies of such
16 document or material that the information or material has
17 been declassified.
18 " (f) (1) The head of each agency which exercises au-
9 thority to classify or declassify official information or material
20 shall, in conjunction with the Comptroller General of the
21 United States, prescribe such regulations as he considers
22 necessary or appropriate to carry out the provisions of sub-
23 sections (d) and (e) of this section, including regulations
24 which prescribe administrative reprimand, suspension, or
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I other disuiplitiary action for the improper classification of
official inf orn inCon or material.
The Comptro_ler General of the United States
4 shall monitor I lie actions I akeii by agencies to implement and
adhere to the policies and provisions of subsections (d) and
I (e) of this section. To this end the Comptroller General shall
7 perform, a111o1lg OfIRr.?s, the foklowin(; functions:
i i (A ) Pret~crlbe, in ion,)Linctlon with heads of agencies,
l such regulal ions as lily be necessary to achieve uniformity
1t) among agencies in the imAcilientation of subsections (d) and
}! (e) of this seclion.
12 " (B) Obtain and review agency implementing regula-
tions and those of such subordinate components as may be
ilecessaIV to (leterlnille Ille effectiveness of agency actions.
1 - ((!) In(lrlire on a Periodic basis re ;ardim the need for
I G assi(rnilleilt or retention of the secret defense data deslg11a-
1 / tioil oil selected documents Nlld other material.
14 " (1)) Conduct visit,; on a periodio basis to observe the
19 practical application of c.'assification and declassification pol-
20 icy and the sa:'eguardin ; of secret defense data by officers
21 and employees of agencies.
22 " (E) Investigate, when deemed appropriate, inquiries
3 initiated by private citizens, officers, or employees of the
24 United States, or any otl.er person concerning any allegation
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of improper classification of information or material, or con-
cerning any allegation of the failure of any agency, or any
officer or employee thereof, to comply with the policies and
provisions of subsection (d) or (e) of this section, or any
regulation prescribed under this subsection.
" (F) Transmit semiannual reports not later than
7 March 1 and September 1 of each year to both the Senate
8 Committee on Government Operations and the House Com-
9 mittee on Government Operations, setting forth the findings
10 of such reviews, inquiries, visits, and investigations as may
11 have been conducted pursuant to subparagraphs (B) through
12 (E) during the reporting period, as well as any other mat-
13 ters pertaining to the implementation of subsections (d) and
14 (e) which may be of interest to the committees. Such reports
15 also shall contain any recommendations for action by the
16 committees relating to this Act which the Comptroller Gen-
17 eral may deem appropriate.
18 " (G) No person may withhold or authorize withholding
I9 information or material from the Congress, or any committee
20 or Member thereof, or from any court of the United States
21 on the basis that such information or material is classified or
22 qualified for classification as `Secret Defense Data' or is
23 otherwise classified pursuant to any law, Executive order,
24 directive, memorandum, or other authority."
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1 El PPECTIVF DATE
2 Si,4e. 103. (a) The provisions of this title shall take effect
on the first day of the third month that commences after the
date of its enactment.
(h) Section 552 (f) , as added by section 102 of this
title, shall take effect upon the date of the enactment of this
7 Act.
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 A"~- - 4' U14. L SSIFIE
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-EXECUTIVE SECRETARIAT
Routing Slip
ACTION
INFO
DATE
INITIAL
1
DCI
2
DDCI
3
DDS&T
4
DDI
5
DDO
6
DDM&S
7
D/DCI/IC
8
D/ONE
9
OGC
1
OLC
11
IG
12
D/PPB
13
D/Pers
14
D/OS
15
D/Trng
16
SAVA
17
ASST/DCI
18
AO/DCI
19
20
21
22
SUSPENSE
Date
1),:f / 'S
plc
01
n Executive Secretary
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Date