CASE/ZABLOCKI ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000200080042-2
• Release Decision: RIPPUB
• Original Classification: T
• Document Page Count: 7
• Document Creation Date: December 19, 2016
• Document Release Date: November 24, 2003
• Sequence Number: 42
• Content Type: SUMMARY

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CASE/ZABLOCKI ACT
A. Summary Background - The Law
The Case Act (Tab A) requires transmittal of international
agreements e ermined by Department of State) either to the Congress or
with respect to those whose public disclosure would be prejudicial to
the national security (determined lar the President), to the foreign
affairs committees of both Houses by
an appropriate injunction
of secrecy" imposed and removable only by the President..
B. Senate
25X1 j Pursuant to Presidential direction two intelligence, international
agreements have been reported by the Department of State to the Senate
Foreign Relations Committee under a letter of conditions and understandings
(Tab B) which applies an "appropriate injunction of secrecy, " including:
25X1 1. classified transmittal of the agreements to the Chairman
of the Senate Foreign Relations Committee;
and the Cli=iiiisof Staff of the full Committee;
25X1 2. eview by the Chairman, the Ranking Minority Member
25X1 3. identifying the Senate Select Committee on Intelligence
as the secure repository for the agreements;
25X1 4. LJ notification of all Senate Foreign Relations Committee
Members (16 in number) of receipt of the agreements under an
injunction of secrecy and the availability of the Chief of Staff to
brief the Committee Members on it; and
25X1 5. an understanding that any access to the information
to members not on the Committee would require relief from
the conditions imposed by the State Department letter, referred
to above.
State Department review completed
OGC Has Reviewed
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C. House
Comparable procedures have not been achieved in the House so far.
The President has directed continued discussion by representatives of the
DCI and State to establish them. Failure to conclude satisfactory arrange-
ments would clearly require a report back to the President because the
consequences involve Presidential judgment either under the Case Act
or under constitutional prerogatives. Consequently, it would be completely
inappropriate to execute an agreement which must be reported to the
Department of State 20 days after signature and to the Congress or specified
committees 60 days after entering into force before either being assured
that the security of the House procedures meet the Presidential standards
or, if that is not possible, the President is advised of that fact so that he
can exercise his options.
D. Approach to the House
25X1 I---1Although the leadership of the House International Relations
Committee is amenable to working out secure arrangements, pressure
from Members of the full Committee restricts the leadership's ability
to conclude an arrangement comparable to that worked out with the
Senate, and reaching an accommodation via negotiations may require,
the support of the Speaker. The case could be put to the Speaker in
the first instance by the DCI and the Secretary of State, or his designee.
The case would stress that the law provides the President with authority
to be assured of the secure handling of such sensitive information, the
wishes of the Executive Branch to report the information and the need
for a clear understanding with the House leadership of how the material
is to be handled before it is reported. The recommendation on the secure
procedures to be followed would parallel those already established with
the Senate Foreign Relations Committee. Should it be necessary, the
the matter could be elevated for discussions between the President
and the Speaker.
25X1 E. Complications/Opportunities because of the existence of both
a cover arca?Aassified agreement:
25X1 Option 1 - Report neither agreement under the theory
that me driving agreement is the classified agreement
which is itself unreportable because it preexisted
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the Case Act (a very weak case from a legal standpoint and
could cause consternation as the new cover agreement will
be a matter of public knowledge abroad).
Option 2 - Transmit the unclassified portion of the agree-
ment to both Houses. Inform the chairmen of both foreign affairs
committees of the underlying agreement which preexisted the
Case Act, that it involves sensitive matters, that we wanted
to let them know that and what it is, but this is not a legal require-
ment under the Case Act. (Probably assailable on legal grounds
because the classified agreement makes reference to the unclassified
agreement. Moreover, it could cause consternations as establishing
precedent for the Executive to report only cover agreements, not
classified agreements, when the two exist.)
Option 3 - Transmit the cover agreement to both Houses and
transmit the classified agreement to the Senate Foreign Relations
Committee under current procedures. Inform the Chairman and
Ranking Minority Member of the House International Relations
Committee of the existence of the classified agreement and the
desire to transmit it but only after secure procedures have been
arranged, including the possibility of limiting the briefings to
less than the full (37) membership of the Committee.
25X1 ption 4 - Transmit the cover agreement to both
Houses arid the classified agreement to both Committees
under comparably secure procedures.
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The pending international agreement is the first instance
where both a cover and a classified international agreement are
involved. On the one hand, this raises the question of the obligation
of witting Members of the Congress and the Executive Branch to
inform an inquiring Member of the existence of the classified agree-
ment. On the other hand, the Case Act itself authorizes restricted
reporting to the Congress where the President determines the nation's
national security would be prejudiced and by providing the President
with the authority to impose an "appropriate" injunction of secrecy,
the Act appears to empower the President to distinguish between
members of the foreign affairs committees and other Members of
Congress. In either event, the Speaker and the President Pro Tem,
who would be the addressee recipients of the cover agreement, should
b`e?ifilormed of at least the existence of the underlying classified agree-
ment. These two congressional officers should also be advised, and
hopefully will assent, to the procedures to be followed within their
respective bodies.
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Public Law 92-403
92nd Congress, S. 596
August 22, 1972
an act
86 STAT. 619
To requirr that international agreements other than treaties, hereafter entered
Into IT the rafted States, be transmitted to the Congress within sixty days
after the execution thereof.
Be it enacted by the Senate and House of Repre8entatives of the
United States of .1?treirct in Congrees as*embled, That title 1, United
States Code, is amended by insetting after section 112a the following
new section:
"?112b. United States international agreements; transmission to
Congress
"The Secretary of State shall transmit to the Congress the text of
any intenuttional agreement. other than a treaty, to which the United
States is a party as soon as practicable after such agreement has
entered into force with respect to the United States but in no event
later than sixty days thereafter. However, any such agreement the
immediate public disclosure of which would, in the opinion of the
President. be prejudicial to the national securay of the United States
shall not be so transmitted to the Congress but shall be transmitted
to the, Committee on Foreign Relations of the Senate and the Com-
mittee on Foreign Affairs of the House of Representatives under
an appropriate injunction of secrecy to be removed only upon due
notice f mm th e President."
SEC. 2. The analysis of chapter 2 of title 1, United States Code, is
amended by inserting immediately between items 112a and 113 the
toll owi ng :
"112b. Uiii ted States international agreement; transmission to Congress."
Approved August 22, 1972.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 92-1301 (Comm. on Foreign Affairs).
SEMTE REPORT No. 92-591 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 118 (1972):
Feb. 15, considered and passed Serate.
14, considered and passed House.
GPO 83.139
U. S. interna?
tional agree?
ments other
than treaties.
Transmittal to
Congress.
64 Stat. 980.
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Wash;nron, D.C. 20520
September I 4, 1977
Dear Mr. Chairman:
The accompanying copies of two agreements between
CIA and foreign governments, effected by memoranda
dated 1 April 1974 and 5 December 1974, are transmitted
to you under an injunction of secrecy pursuant to 1
U.S.C. 112b concerning transmittal of international
agreements to Congress. That section provides that
". . any such agreement the immediate
public disclosure of which would, in the
opinion of the President, be prejudicial
to the national security of the United
States shall not be so transmitted to
the Congress but shall be transmitted to
the Committee on Foreign Relations of
the Senate and the Contatittee on Foreign
Affairs of the House of Representatives
under an appropriate injunction of secrecy
to be removed only upon due notice from
the President."
Pursuant to arrangements worked out with Mr. Norvill
Jones, Staff Director of your Committee, it is under-
stood that the procedures set forth below for handling
the enclosed documents will constitute the appropriate
injunction of secrecy as mentioned above:
1. The documents will be reviewed by you and
Senator Case, the Ranking Minority Member.- Staff
access to these documents and information will be
limited to Mr. Jones, Staff Director.
-The Honorable
John J. Sparkman, Chairman,
Committee on Foreign Relations,
United States Senate.
UNCLASSIFIED WHEN SEPARATED
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2. The documents will then be transmitted
immediately to the Senate Select Committee on Intelli-
gence. The Senate Select Committee on Intelligence
will be the custodian of the documents in accordance
with procedures agreed to by the Director of.Central
Intelligence for the handling of sensitive intelligence
information.
3. A notice will then be sent by you to all
members of the Foreign Relations Committee stating
that the Committee has received two sensitive agree-
ments pursuant to the requirements of the above
referenced law and if any member so desires, he may
be briefed thereon by the Staff Director, Mr. Jones.
Sincerely,
Douglas J. B net, Jr.
Assistant Secretary for
Congressional Relations
UNCLASSIFIED WHEN SEPARATED
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