HEARINGS BY SPECIAL SUBCOMMITTEE ON INTELLIGENCE ON H.R. 9853 TO ESTABLISH A NATIONAL COMMISSION ON THE CLASSIFICATION AND PROTECTION OF INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800120019-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: February 28, 2001
• Sequence Number: 19
• Publication Date: March 8, 1972
• Content Type: MFR

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OSD Declassification/Releasd Instructions on File
8 March 1972
DA QA/QC;
02/28/01. SY
MEMORANDUM FOR THE RECORD
SUBJECT: Hearings by Special Subcommittee on Intelligence on
H. R. 9853 to Establish a National Commission on
the Classification and Protection of Information
25X1A
1. The Special Subcommittee on :Intelligence of the House Armed
Services Committee, chaired by Re resentative Nedzi, began its hearings
on H. R. 9853. The undersigned an Office of Security,
were in attendance. In his opening remarks, the Chairman, setting the
tone of the hearings, stated that the Armed Services Committee would
conduct a "low key, serious and probing inquiry. " The scope of the inquiry
will include a study of all aspects of personnel and physical security,
including a review of statutes, regulations and other authorities for the
protection and dissemination of information. He hoped that the Subcom-
mittee's final recommendations are workable and noted that the Subcommittee
must decide if the entire subject even lends itself to legislation. He stated
that though H. R. 9853 was the bill being considered, he encouraged the
placing of other legislative proposals before the Subcommittee.
2. The first witness was Mr. Fred Buzhardt, General Counsel,
Department of Defense. Chairman Ned.zi started his questioning of Mr.
Buzhardt with strong comments as to why the Subcommittee had not been
consulted and had not been furnished a draft of the new Executive Order
revising E. O. 10501. He stated the committee was most concerned with
the problem and wishes to work with the Administration. He chided Mr.
Buzhardt that though the Subcommittee could not get a' copy, the Washington
Post managed to get one.
3. Mr. Buzhardt stated and maintained the DOD position that the
problem of classification and declassification is considered one the
Executive can best itself handle. He related the background of the Rehnquist
Committee and the extensive coordination among the various agencies to
devise a workable and effective Executive Order. He stated that the Nedzi
Subcommittee was not consulted in the development of the new Order since
the earlier drafts were considered too internal; and further, the role of
Congress 'was deemed best to be one of holding hearings; surfacing problems; and
i
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passing necessary legislation. This did not appear to convince Chairman
Nedzi or other members of the Committee. When asked if there was any
legislation he might wish to propose, Mr. Buzhardt responded negatively.
4. Mr. Buzhardt read his prepared statement relating the principal
aspects of the new Executive Order. He concluded with DOD's position
that H. R. 9853 was considered neither necessary or desirable and no
action should be taken on it. The Chairman reacted strongly that DOD did
not consider the bill would serve a "useful" purpose. He felt that all branches
of Government share the problem and a coordinated effort would be the
best approach.
5. Chairman Nedzi asked detailed questions on the DOD implementa-
tion of the new Order which will be followed up in detail with Mr. Buzhardt
at tomorrow's meeting. Chairman Nedzi requested that Mr. Buzhardt
bring to the Subcommittee the DOD position to the new Executive Order
and list those DOD proposals which were rejected by the White House.
Mr. Buzhardt could not recall specific proposals because there had been
extensive revision of previous drafts; however, he felt he would be able to
provide the information later. Mr. Buzhardt strongly supported the new
Order feeling that most of the problems faced will be resolved by the new
changes. The Subcommittee was generally most sympathic to the problems
faced but did not appear to be convinced that the new Order is the solution.
6. The presentation by Mr..Buzhardt was geared to DOD and did
not specifically include CIA or intelligence other than noting that information
disclosing intelligence sources and methods was excluded from automatic
declassification under the new Order. Mr. Buzhardt stressed he was not
speaking for the Administration. He presumed that Justice would be the
best authority for interpreting provisions of the new Order since Justice
is charged with the responsibility for answering any question on its imple-
mentation. The Chairman noted that Justice would be testifying on Monday,
13 March. ?Mr. Buzhardt was scheduled for further testimony tomorrow.
7. Chairman Nedzi pressed Mr. Buzhardt throughout; however, his
questioning was objectivq searching and indicated a sincere desire to
seek solutions to a very complex subject. He showed impartial interest
to both sides of the problem, that is, the protection of information on one
hand and release on the other. If anything he may have leaned in favor of
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assuring protection. Keeping the Congress informed is an integral part of
the problem. and is the subject of a number of other pending bills. Based
on his reaction to the way the Administration handled the new Executive
Order, it seems safe to presume that Chairman Nedzi strongly supports
the position that the Congress must be :kept informed. Throughout the
meeting, the other Subcommittee members in general supported the Chair-
man but asked little if any questions.
Distribution:
Orig. - Subj. (H. R. 9853)
1 - OGC
1 - DDS
1 - D/Security
1 - House Armed Services
1 - Chrono
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