AGENCY POSITION ON UNAUTHORIZED DISCLOSURE PROVISIONS IN S.1, CODIFICATION OF CRIMINAL LAWS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800020012-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: December 31, 2003
• Sequence Number: 12
• Publication Date: January 20, 1975
• Content Type: MFR

Approved For Release 2004/QTITT.7 AA RDR77MODf44R000800020012-
20 January 1975
STATINTL
MEMORANDUM FOR THE RECORD
SUBJECT: Agency Position on Unauthorized Disclosure Provisions
in S. 1, Codification of Criminal Laws
STATINTL
1. Together with OGC, met with Paul Summitt,
Counsel, Subcommittee on Administrative Practice and Procedure,
Senate Judiciary Committee, and Doug Marvin, staff member, Senate
Judiciary Committee, and discussed section 1124, "disclosing classified
information" in S.- 1, and the proposed Agency legislation for the
protection of intelligence sources and methods.
STATINTL
why it does not provide adequate protection to intelligence sources and
methods. The primary objection was the provision in section 1124
requiring the establishment of an outside review agency to review
department head decisions in matters of declassification. It was explained
that this could result in conflict with the Director's statutory authority
for the protection of sources and methods, and further that the criteria
for classification (national defense and foreign policy) does not always cover
circumstances where sources and methods protection is required. This
conflict was recognized by Marvin and Summitt and they were not aware
of the implications when this provision was included.
q
s
for intei igence sources and methods and the current language of our
proposed legislation. We discussed certain changes to our proposal and
to S. 1 to provide the Agency more protection. Marvin stated that S. 1
is the codification of all felonies throughout all Federal laws. He
suggested that if our proposal makes the crime a misdemeanor, then
he could try to have the proposal incorporated within S. 1 under a conforming
amendment.
xplained the unique protection re
uirement
OGC Has Reviewed lFj y
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STATINTL
4. It was agreed that I land I would make
suggested changes to section 1124, and our proposal, and we would meet
again to discuss the matter further. It was also understood that
the Agency would follow two tracks on the proposed legislation.
One with the Judiciary Committee on S. 1 and the other with OMB
as separate legislation. STATINTL
DXstribution:
Original - Subject
1 - OLC Chrono
1 - OGC
OLC:PLC:fmc (distributed copies - llMarch 1975)
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