LETTER TO MR. WILFRED H. ROMMEL FROM JOHN M. MAURY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700090002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: April 9, 2002
• Sequence Number: 2
• Publication Date: June 20, 1973
• Content Type: LETTER

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OLC 73-0619/A
2 0 JUN 1913
On file, DOD&OMB release instructions apply.
Mr. Wilfred H. Rommel
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
This is in reply to your request of & May 1973 for our views
on Department of Defense's proposed report on S. 1520, "to establish
a commission to study all laws, executive branch rules, regulations,
orders, and procedures, relating to the classification and protection
of information.... "
We concur in the Defense recommendations that no action be
taken on S. 1520, and for substantially the same reasons as given by
Defense. In addition, we are concerned that the proposed commission
might override a decision of the Director of Central Intelligence not
to declassify certain information relating to intelligence sources and
methods, protection of which is a statutory responsibility of the Director.
STATINTL
Distribution:
Original - Addressee
1 - OG C
Sincerely,
John M. Maury
Legislative Counsel
D/Security
- OLC Shbject
OLC Chrono
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e
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Department of Defense's Proposed Report on S.1520
FROM:
Director of Security
EXTENSION
NO.
25
Room 4 E-60
DATE
TO: (Officer designation, room number, and
buildin
)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
g
STATINTL
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
Legislative Counsel
Attn:
aC--
STATI
NTL
Lila
3.
STATINTL
At
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14 JUN 1973
MEMORANDUM FOR: Legislative Counsel
STATI NTL ATTENTION
SUBJECT Department of Defense's proposed report
on S. 1520, "To establish a commission
to study all laws, and executive branch
rules, regulations, orders, and proce-
dures, relating to the classification
and protection of information for the
purpose of determining their consistency
with the efficient operation of the
Government, including the proper per-
formance of its duties by the Congress,
and for other purposes."
1. Reference is made to your telephonic request
of 12 June 1973 for Office of Security views concerning
the Department of Defense's proposed report on S. 1520.
2. This Office concurs fully in the DOD report.
Like the Department of Defense, the Agency has also
implemented Executive Order 11652 and thus is achieving
the objectives set forth in S. 1520.
3. It would be of concern if the commission
recomm.ended that Congress establish by law an independent
agency with the power to override a DCI decision not to
declassify certain documents because they might disclose
sources and methods.
4. Please advise if any additional data are desired.
STATINTL
LNowar s orn
Director of Security
tip
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INTERNAL USE ONLY
14 JUN 1973
MEMORANDUM FOR: Legislative Counsel
STATINTL ATTENTION
SUBJECT Department of Defense's proposed report
on S. 1520, "To establish a commission
to study all laws, and executive branch
rules, regulations, orders, and proce-
dures, relating to the classification
and protection of information for the
purpose of determining their consistency
with the efficient operation of the
Government, including the proper per-
formance of its duties by the Congress,
and for other purposes."
1. Reference is made to your telephonic request
of 12 June 1973 for Office of Security views concerning
the Department of Defense's proposed report on S. 1520.
2. This Office concurs fully in the DOD report.
Like the Department of Defense, the Agency has also
implemented Executive Order 11652 and thus is achieving
the objectives set forth in S. 1520.
3. It would be of concern if the commission
recommended that Congress establish by law an independent
agency with the power to override a DCI decision not to
declassify certain documents because they might disclose
sources and methods.
4. Please advise if any additional data are desired.
STATINTL
Howard J. Osborn
Director of Security
e I l! It STPATI E
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LRiA 1ilP`1Ce~'ON D.C. 2(,503
May 25, 1913
LEGISLATIVE REYT RrU,L MEMORANDUM
TO: LecislativG Liaison Q`fi Cer
National Security Council
Department of State
National Archives
Central Intelligence Agency
Department of Defense's prcposcd report on. S. 1520,
"To establish a commission to study all laws, and
executive branch rules,, regulations, orders, and
Subject: procedures, relating to the classification and pro-
tection of information for the purpose of determining
their consistency with the efficient operation of
the Government, including the proper performance of
its duties by the Congress, and for other purposes."'
The Office of Management and Budget would appreciate
receiving the views of your agency on the a cove subject
before ac'l isinq on its relationship Co the i,-arogra of the
President, in accordance with Budget Circular A-19.
'S'c~ xaereiti : expeditious handling, it is requested
that your reply be made within 30 days.
special circumstances' require priority treatmei
and accordingly your vie ,,s are requested by
Questions should be referred to Bill Dinsmore
(103--3468 ) or tc. Janis .ilumphrey
the legisl ti-ve analyst in this office.
( 103--4710 ) ,
Assistant Director for
Legislative Beference
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GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON, D. C. 20301
Honorable Sam J. Ervin, Jr.
Chairman, Government Operations Committee
United States Senate
Washington, D. C. 20510
This is in response to your request for the views of the Department of
Defense with respect to S. 1520, 93d Congress, a bill "To establish a
commission to study all laws,, and executive branch rules, regulations,
orders, and procedures, relating to the classification and protection of
information for the purpose of determining their consistency with the
efficient operation of the Government, including the proper performance
of its duties by the Congress, and for other purposes."
Upon completion of a year long study of the security classification program,
the President issued Executive Order 11652, Classification and Declassi-
fication of National Security Information and Material on March 8, 1972. On
May 17, 1972, National Security Council "Directive Governing the Classifica-
tion, Downgrading, Declassification and Safeguarding of National Security
Information" was issued supplementing the Order. The Order and the
Directive, both of which became effective June 1, 1972, effected substantial
changes in the classification, downgrading, declassification and safe-
guarding system. The basic thrust of the Order is to assure that information
regarding the affairs of Government is made readily available to the public to
the maximum consistent with the interests of national security. To this end,
the intended effect of the Order is to classify less, declassify sooner and
provide better protection for the material which truly requires protection.
A significant provision of Executive Order 11652 created the Interagency
Classification Review Committee to provide a means for centralized over-
sight of the implementation of the Order. More specifically, this Committee
is charged with overseeing departmental actions to ensure compliance with
the Order and the National Security Council Directive, receiving and taking
action on suggestions and complaints with respect to administration of the
Order, and, in consultation with the affected Department or Departments,
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assuring that appropriate action is taken on such suggestions and com-
plaints. The Committee is also charged with seeking to develop means
to (a) prevent overclassification, (b) ensure prompt declassification,
(c) facilitate access to declassified material and (d) eliminate unauthorized
disclosures of classified information.
On April 24, 1973, the Interagency Classification Review Committee
submitted to the President its first Progress Report, providing an
evaluation of progress achieved during the first ten months of operations
under the Executive Order 11652. In this report, which has been made
public, substantial developments and achievements are reported. As
the Committee notes, however, the real test of the success of the Order,
will require a longer time span in view of the extensive changes which the
Order made.
In the Interagency Committee's report, specific reference is made to
certain activities and accomplishments of the Department of Defense.
addition, the Department has taken other significant steps to ensure
effective implementation of and compliance with Executive Order 11652
and the National Security Council Directive. Pursuant to Department of
Defense Directive 5200. 1, dated June 1, 1972, Department of Defense
Information Security Program Regulation 5200. 1-R was issued providing
uniform principles, policies, criteria, standards and procedures for
the classification, downgrading, declassification, marking and safeguarding
information requiring protection from unauthorized disclosure in the
interest of national security. This Regulation has been distributed world-
wide, and applies to all activities of the Department of Defense.
The Department has set up a broad and active monitorship of the Program.
On-the-site surveys are being conducted of the operations of various
elements of the Department and in defense industrial facilities. From
these surveys, useful innovations for the betterment of the Program and
precautionary measures to preclude improper actions are identified and
summarized and sent to all elements of the Department. Commands are
requested to advise of the steps taken by them to correct deficiencies and
to improve the effectiveness of administration of the Program.
In addition to educational and training programs conducted at the operational
level, steps have been taken to establish formal resident and mobile
training courses department-wide. These courses will provide comprehensive
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and detailed instructions covering all phases of the Information Security
Program. They will be available to Government and industry personnel
at management and operational levels. Also they will form the basis
for the development of on-the-job training materials and for locally
instituted training sessions for all persons who are responsible for the
correct application of established. principles in day-to-day operations.
With respect to requests for release of information under the Freedom
of Information Act, the Department of Defense is now staffing with the
}~ ilitary Departments a number of proposed changes to the governing
Departmental Directive. The proposed revisions are for the purpose of
implementing Recommendation No. 24 of the Administrative Conference
of the United States which provides for improvements in the administra-
tion of the Act, including time limits for responding to requests. The
proposals also incorporate recommendations from the Congress, and
'judicial interpretations of the Act.
In light of these developments, the Department of Defense believes that
significant progress has already been made in achieving the objectives
which the National Commission would address. Consequently, the Depart-
ment of Defense recommends that no action be taken on the bill.
The Office of Management and Budget advised that, from the standpoint
of the Administration's program, there is no objection to the presentation
of this report for the consideration of the Committee.
Sincerely yours,
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