POTENTIAL CONGRESSIONAL PUBLICATION OF CLASSIFIED CIA DOCUMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00914R002100160072-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: February 23, 2007
• Sequence Number: 72
• Publication Date: January 20, 1982
• Content Type: MEMO

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 Approved For Release 2007/03/03: CIA-RDP83M00914R002100160072-7
ROUTING AND RECORD SHEET
rSUBJECT: (Optionols
Potential Congressional Publication of Classified CL\ Documents
fP,O
RECEI VEG
EXTENSION
OFFICER'S
INITIALS
20 January 1982
COMMENTS (Number each comment to show from whom
to whom... Draw a line ocrass column after each comment.)
 Approved For Release 2007/03/03: CIA-RDP83M00914R002100160072-7
NOTE FOR: Director of Central Intelligence
ding Genera ].Counsel
SUBJECT: Potential Congressional Publication of
Classified CIA Documents
1. The Central Intelligence Agency has been furnishing
classified documents since 1979 to the House Government
Operations Subcommittee on Commerce, Consumer, and Monetary
Affairs, chaired by Representative Benjamin S. Rosenthal
(D, NY), in the course of the Subcommittee's. investigation
of OPEC investment in the United States. In the course of
this liaison activity, the Agency and the Subcommittee have
followed a Memorandum of Understanding (MOU) drafted by'the~
Agency and signed by Chairman Rosenthal in 1979. (Tab A)
2. In early September Chairman Rosenthal sent you, a
letter notifying you that the Subcommittee planned to use
seventeen classified CIA documents in preparing its public
report on OPEC investment. (Tab B) You responded that clas-
cifted .iin.fnrma.tinn contained in the documents could not be
1sclos_eo~ antone`lacking`the_zre,u>st- secu~t~r earances~;
to initiate an interagency document declassification review
of the seventeen CIA documents. (Tab C) Two Agency officers
hand delivered your response to Subcommittee Counsel McSpadden
within the ten working day response time required by the MOU.
3. The responsible officers of the DDI Office of Global
Issues- e DD0 Near East Division
reviewed the seventeen documents to redetermine
the correctness of the classification of each portion of the
documents. Simultaneously, the Departments of State and
Treasury, and the National Security Agency examined the docu-
ments. CIA and the Department of the Treasury required that
many portions of the documents remain classified. This
interagency review process was completed in late December.
Because of the extreme source sensitivity and foreign. policy
sensitivity involved in the use of these classified documents,
DDI Bob Gates on 6 January requested a final review of the
documents, as sanitized for declassification by reviewers at
the working level, at the Assistant-Secretary level in the
Departments of State and Treasury, and the National Security
Council. State and NSC advised us on 13 January that they
had no objection to release of the package of declassified
documents.
STAT
STAT
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 Approved For Release 2007/03/03: CIA-RDP83M00914R002100160072-7
4. On 13 January Congressman kosenthai wrote you (Tab D)
that the Agency had failed to comply with the ten working day
deadline in the applicable MOU and that unless he received an
adequate response from you, he would publish the classified
documents. After receiving the letter, you telephoned Congress-
man Rosenthal and advised him that the package of declassified
documents would be forthcoming shortly. That same day the
Treasury Department gave final approval for release of the
package, and you forwarded it to Congressman Rosenthal with
a covering letter. (Tab E)
5. Subsequently, Subcommittee Counsel McSpadden expressed
the belief that many portions of the documents that remain
classified should have been declassified. He asked that the
document declassification reviewers meet with him to justify
why they continued the classification of the portions he ques-
tioned. The meeting took place this morning, but Mr. McSpadden
left after a half hour's discussion, when he understood that
no one present had authority to concede to him and declassify
portions which we determined should remain classified.
Mr. McSpadden stated Chairman Rosenthal's position to be.:
The Agency had violated the MOO by failing to
respond within ten working days to the Chairman's
September request to make public use of the documents,
and thus the MOO had lapsed. Therefore, the Chairman
could at any time publish the classified documents,
and we should thus be more forthcoming with him.
,,.~ ecomme ~.. .hat_ you te- ep o- a ongr~ess an_.Rasen hal~
=cc_Tde=?frTornq~ii~..crrt;er .:
(a) Congressman Rosenthal's information that the Agency
violated the MOO in September by failing to meet
a ten working day deadline in responding to the
Chairman's request is incorrect. The response was
hand delivered to Mr. McSpadden by two Agency
officers within the ten working day deadline.
(See Tab F) We have observed the MOO scrupulously.
(b) We regret any misunderstanding that has occurred.
(c) Classified information cannot be published under any
circumstances.
(d) To reassure the Subcommittee that the Agency has not
retained classification for information that should
have been declassified, you will direct that your
senior officers personally review the classification
decisions that have been made with respect to those
portions of the documents the Subcommittee questions.
You will also write to Secretary of State Haig and
Secretary of the Treasury Regan to ask that they
designate senior officers to participate in this
review.
2
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 Approved For Release 2007/03/03: CIA-RDP83M00914R002100160072-7
7 If you and Congressman Rosenthal agree on this course
of action, you should sign the attached documents instructing
the DDI and the DDO to arrange for another review of the
documents at senior levels within the Agency, and asking the
secretaries of State and Treasury to designate senior officers
to participate in this review.
Attachments
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