DRAFT 'SECURITY CLASSIFICATION ACT OF 1975'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000500060002-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 67
• Document Creation Date: December 16, 2016
• Document Release Date: August 16, 2005
• Sequence Number: 2
• Content Type: MF

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A
25X1 MEMORANDUM FORI
?401
4-RDP801301495R0005000600022
Z
uLyialut,i e Counsel
SUBJECT Draft "Security Classification Act of 1975"
/.The authors may indeed have spent a year developing this bill, but
very poorly written
A
(Who, for example, will enforce
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25X1
the provision that the Supreme Court "shall act promptly in considering
appeals"?)
,Z, The authors seem to be focusing primarily on units of government outside
the intelligence community, and trying to dislodge information they think the /1
44 d)1-4caf 4:0 a At d, NuotwAi
taxpaying, voting citizen has a right to have. Athey cannot be very familiar
with the intelligence community; otherwise it would be hard to take seriously
their claim that the bill would replace an "inadequate and inefficient" system
by "a workable, efficient, and enforceable" system. To anyone familiar with the
intelligence business, it should be obvious that the provisions, on downgrading .
et., 4t.4pr AA? ..C64,4tZtew:=6.14,6? -4-44141-."44-4 $11.1"4."
and declassification would result in administrative chaos. 4)4,4quittelpmfaciAAAQ4
1^R)
AA4UtArowilkialatfaiglAaak-:
--elafts4 &ration: the term "classification marking" is defined
in subsection (a)(4) as meaning "the various levels of limitation placed on
access, control, use, or dissemination of official information..." This
wording, in conjunction with the language elsewhere in subsection (a) and in
subsection (b), might rule out use of dissemination controls and codeword
compartmentation. The hazards this entails need no further elaboration.
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LI. In the paragraphs that follow, I will try to answer your three questions
regarding the probable effect of this bill on the Directorate of Intelligence.
4/44' Are the procedures set forth in subsection
(c)(4) feasible and workable, or would that
be an impossible administrative burden?"
4E----I think in general the provisions would be manageable, especially if the
requirement for periodically updating lists of officials who have c4JJssifying
authority could be handled by computer?TunS1 I am assuming also that there
would be sufficient flexibility
411% Are criteria for the classification of informa-
(4)
tion (subsection N sufficient to protect DDI
information?
?e"--- The short answer is "no," but to amplify let's look at what "DDI
information" consists of, apart from unclassified materials taken from open
sources1
(The sensitive information with which we deal is: (1) drawn from sources
provided by other components of the Agency and government;() provided by
private individuals on the understanding that it will be kept confidential;
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(2) passed directly to DDI components by foreign liaison officers; and,(4)
the product of analytical judgments by our specialists or conclusions derived!
zeattit-ilt from applying various analytical methodologies to raw data.
(1) Information originating elsewhere in the government.
(i)The bill under (c)(4) (F)(page 11))does allow an individual
A
who "uses, reproduces, or otherwise handles any classified information..."
to "place identification markings on material containing any such classified
information to indicate its category of classification." This would permit
the author of a report to carry over the classification assigned by the
originator of the source documents. The pDI would therefore have no
44i Z
difficulty . classified material originating elsewhere. (..ft4 044)4 4,J-J44?Iti
442 .0014.4'4A-I tght,t4:44 .4:4100uoloilktIkk, tecit01.-,
C-'11644?A,
My main concern, and one which I am sure will be addressed by the
'It''1W44,,
DDO and other intelligence collectors, is that a literal reading of the
A.44NL40.,
classification criteria would not begin to cover a large amount of the
materials these collectors now provide. The result could be a drying up of
information we badly need to carry out our analytical and reporting duties.
ImelAocis "
(6)A few specifics. The only reference to "intelligence sources-wild
Itia4mcgimplIts-U(2r.pong the classification criterf5is in subsection (d)(1)(D)
-
(page 13). That passage allows "official information" to be marked TOP SECRET
if "it contains specific details concerning foreign intelligence gathering
operations ... including satellite reconnaissance or photography, communications
interception involving other countries, intelligence sources or methods..."
Narrowly construed, this could be interpreted as applying only to operational
details, not to the intelligence obtained by these methods.
()Material derived from SIGINT and overhead photography may or may not
be adequately protected, depending on the degree to which it "contains
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information required by other statutes torbe protected," and on the inter-
yretation of the phrase "specific details." It is entirely possible that the
individual photograph or the individual intercept would not be deemed to con-
tain "specific details" concerning photographic and SIGINT "intelligence
gathering operations." We would be on firmer ground if the bill allowed for
classification of information that "reveals (vice contains) specific details
concernin forei n intelli ence.gathering oper ions..."
14244,14614-7 444AA0-9 +.2it
(A A particularly opaque passage in paragraph (d)(4)(page 17-18) refers
to "official information.. .received by an agency as part of its intelligence
gathering authority..." Such information "may be marked by the authorized
individual of the receiving agency as TOP SECRET, SECRET, or CONFIDENTIAL,
...depending on the sensitivity of such information as based on the criteria
authorized by this subsection. This strikes me as entirely redundant; it says
in essence that intelligence information may be classified if it qualifies
for classification.
25X1 economic,
Foreign Service reporting, on which we depend heavily for political,
information, would not be protected except where it
relates specifically to "a current negotiating position," or "current
operational objectives involved in the conduct of our foreign policy with
another country," or "elements of United States policy, strategy, or diplomatic
objectives with another country, the disclosure of which would seriously
damage our current diplomatic relations with such country." No diplomat
is going to risk wearing out his welcome in a foreign capital by commenting
in a candid and critical way on the failings of his hosts--knowing that
his views will be in the public domain when they reach Washington.
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0.)One interesting footnote: criterion A in each category refers to
it
?weapons systems, without indicating whether US or foreign systems are intended.
Presumably US systems are meant, but the criteria could be applied otherwise.
In any case, all bets are off if a weapons system already deployed has "fallen
into the hands of a potential enemy or otherwise compromised." (How compromised?
To what extet -2)044 1144:4 Atvada_44, 416-ett 4?44-eie.
.4
mation gt4. il***Atetif .4.4"144't.,T4
"It InforA.provide d by private=duals.
.44,04?:at
(In much the same sense, I am concerned that information passed to
25X1 us confidentially
25X1
25X1
might be sharply curtailed. Very little of
this information, especially on economic matters, would fall under any of the
classification criteria. Many of our sources would be unwilling to play by
these rules.
(3) Information from liaison sources.
(loC)We would be permitted to protect information passed to us by
foreign liaison officers; but, as noted below, we could not exempt very much
of it from automatic declassification. 44-4414-11-44441110, ___%*".""" "4-11-.k44114444-44
444 .14a*,*14ael-wk1444?4:
? ,
(4) nalyslid the manipulation of ata. 1404 ,4446LAA:iv 4440 frali.
()Finally, information that might be said to originate within the DDI--
that is, assessments by our analysts and
-
-would be quite hard to protect. Th
The sole reference to sources and methods--among the TOP SECRET
criteria--does not apply to our work at all. As presently worded, it applies
only to intelligence gathering operations. In our part of the business,
intelligence is not gathered, it is produced. It would help greatly if this
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25X1
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Aii.emetiev
passage were reworded to protect the intelligence product dis-
0144/41e0tc 46ii?etidvA, Wir-oulh 4rt_
closure would jeopardize 'au stage of the prOcess by w4i4ch the-Agency-RrOi-des
41/ 5$eAn 'nit/mil 01 Atoisha "iO4,604,(4.? A ----I
X&iiib-lc 4n3 Similar language should appear among
the criteria for all three levels of classification, varying with the degree
of damage that would result from unauthorized disclosure.
()As the bill is presently worded, we would have to fall back on the
grossly inadequate provisions I mentioned above in the context of Foreign
4.1 ?4.01,4?,,JA-te
Service reporting, plus, ifme-ceuld get away with 4t, an interpretation of
"weapons system" as pertaining to foreign as well as domestic equipment.
Much of the work we now do would have to be unclassified, and I doubt that
we could continue for very long to provide candid political, economic, or
military assessments without seriously disrupting US foreign relations.
/0., -MO? Do subsections (e)(8) and (e)(9) sufficiently
protect DDI information from the general down-
grading and declassification requirement of
subsection (e)? What other problems are
there with subsection (e)?
(h)The provisions clearly would not adequately protect DDI information.
Only those items marked TOP SECRET could be exempted, and even then only if
they meet very rigid criteria and survive the bureaucratic quagmire the bill
creates in the sections on the "Classification Review Commission."
(c1Tne very important element in all this is that we could not protect from
unilateral declassification the great majority of documents passed to us by
foreign governments. These governments could, of course, start stamping
everything they give us TOP SECRET, but they are far more likely to give us
less. I assume there would be no way to apply the TOP SECRET classification
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retroactively to foreign documents already in our hands, so those of lesser
classification would be declassified immediately if they are more than 15
years old, and over a one or two year period if they are more recent.
(j)Moreover, foreign governments are not likely to find acceptable the
provisions that give the Classification Review Commission authority to
decide whether even their TOP SECRET documents qualify for an exemption
from downgrading and declassification. Nor, for that matter, will they like
the passage on page 32 that appears to make available to Congress any document
in the hands of the executive, presumably including foreign documents.
()As for the remainder of DDI information, so little could be classified
in the first place that downgrading provisions would become academic. Suffice
it to say that the declassification exemptions are grossly inadequate for the
same reasons that the classification criteria are inadequate: they would
prevent us from doing any analysis of sensitive matters and reduce our reporting
to a recitation of noncontroversial fact.
(3) We do have a particular problem with some of our periodical publications--
especially those published under short deadlines--where a large number of
articles derived from an even larger body of multi-source materials are
combined in a single document. These periodicals must, at least initially,
fall under a blanket exemption from downgrading if we are to avoid compromising
extremely sensitive information. We could review periodicals after publication
for case-by-case downgrading if we were given additional staff to do the work.
(q)SIGINT, overhead photography, and some clandestine reporting, seem to
qualify for exemptions. (Incidentally, the language in (e)(8)(C) is better
than that used in the classification criteria in that it protects "information
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the unauthorized disclosure of which would compromise a current intelligence
gathering operation..." The final phrase, "vital to our national defense"
is, however, far too restrictive.)
(5)The real problem -- and this is in answer to the second part of your
question -- is that the review system the bill establishes would be simply
unmanageable, given the large volume of individual documents requiring
exemptions. The system could only work if it permitted blanket exceptions
for categories of documents.
(6.)A similar problem would arise from the bill's requirement for issuing
downgrading and declassification notices and for marking documents that have
been downgraded and declassified. It couldn't be done without hiring
additional regiments of clerks.temiamOcommukr We would probably have to
throw out our microfilm files and go back to paper. And, in cases where
Q_Ziese 4!,404 4444C 4X
downgrading is automatic, ik hardly seemeceStary.
EDWARD W. PROCTOR
Deputy Director for Intelligence
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21 May 1975
MEMORANDUM FOR: See Distribution
SUBJECT : Security Classification Act of 1975
1. The provisions of the attached bill, designed to re-
place E0 11652, will cause great consternation in many places.
It contains many obvious pitfalls, and I imagine will get a
thorough review elsewhere in the Agency and intelligence com-
munity.
2. We are asked to comment on how it would affect the
DDI. Specifically, OLC wants to know:
-- whether the provisions for assigning
and exercising classifying authority (pp. 8-12)
are too burdensome;
-- whether the classification criteria
(pp. 12-17) are adequate to protect DDI infor-
mation; and,
-- whether the provisions for automatic down-
grading and declassification (pp. 17-25) would cause
the Directorate problems, and whether the exemptions
(pp. 20-22) sufficiently protect DDI information.
3. I would appreciate your asking someone in your office/
staff to take a look at the bill, and to provide me with comments,
if any, by COB 2 June.
DDI Executive.St
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Distribution:
DDI
OCI
OSR
OER
OPR
CRS
FB IS
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COMI REX
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uNCLASgry,laied Fo
Enj WRPPOPRitiar2-2 SECRET
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ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
OLC
7D35
EXTENSION
NO.
25)
DATE
20 May 1975
?
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
INITIALS
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
1.
DDI
The House
Operations
over a year
which would
classification
information.
a substitute
is presently
ification
of Management
the Committee's
comments.
along with
assist you
bill.
By June
comments
1. Are
in subsection
workable,
impossible
2. Are
fication of
(d)) sufficient
information?
3. Do subsections
(9) sufficiently
information
grading and
requirements
What other
subsection
Thank yo
ASS?ELLLL
Committee on Government
has been working for
on developing a statute
serve as the basis for
of national security
This statute would be
for E. 0. 11652, which
the authority for class-
of information. The Office
and Budget has sent
latest draft to us for
The draft bill is attached
a summary I prepared to
in wading through the
6th may I please have your
on the following points:
the procedures set forth
(c)(4) feasible and
or would they be an
administrative burden?
the criteria for the classi-
information (subsection
to protect DDI
(e)(8) and (e)
protect DDI
from the general down-
declassification
of subsection (e)?
problems are there with
(e)?
Jegisiative ounse
2
.
?
a.
?
?
8.
'
10.
11 .
12
13.
14.
15.
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FORM 610 USE EDITIONS PREVIOUS INTERNAL
3-62
Ljr?I SECRET 0 CONFIDENTIAL E] USF v
fl UNCLASSIFIEn
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SUMMARY OF "SECURITY CLASSIFICATION ACT OF 1975"
This draft bill would replace E. 0. 11652 as the authority for the
classification of government information. The bill provides that no agency
is authorized to exercise classification authority except as provided in the
proposed new section 552b of Title 5, United States Code. Section 2 (pages
1-5) reflects congressional findings regarding the use of classification by
the executive branch. Although generally not flattering, we will not be taking
issue with them. Section 3 comprises 90 percent of the bill and presents the
classification scheme, embodied in proposed 5 U.S.C. 552b. Section 4 of
the bill asks the President to keep the Congress informed regarding the
activities of the agencies covered under the Act. Section 5 alters the language of
the section (b) (1) exemption to the FOIA.
Proposed 5 U. S. C. 552b
(a) DEFINITIONS (pages 5-6)
(1) agency
(2) classification authority
(3) official information
(4) classification marking
(b) CLASSIFICATION MARKINGS (page 7)
No agency may classify information except pursuant to
this section.
(c) AUTHORITY TO CLASSIFY (pages 7-12)
(1) Official information may be classified Top Secret
only by the ten agencies and departments listed, including
CIA.
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(2) Official information may be classified Secret by the
ten listed in (I), and by four other listed offices.
(3) Official information may be classified Confidential
by the agencies and departments listed in (1) and (2), and
by others (as yet undetermined).
(4) Within agencies, information may only be classified
by the director and others he designates in writing, but
these must be employees whose day-to-day responsibilities
require this authority. Director shall review each designated
employee's assignment semiannually to remove authority to
classify if feasible.
(A) Individuals designated may not delegate
this authority.
(B) Except as otherwise provided by statute,
agency head shall compile semiannually a list of all
those with delegation authority, and shall make it
available to the Classification Review Commission (CRC),
the Comptroller General, and committees of the Congress.
(C) Each designated employee shall put his name,
other identifying data, and the automatic declassification
date or event (if possible) on each document he classifies.
(D) Each designated employee shall be held accountable
under agency regulations for mistakes in classifying.
(E) Employees shall not classify information for
specified purposes (e.g., to conceal errors).
2
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(F) Employees without authority to classify can place
classification markings on classified information.
(G) Violation of this subsection shall lead to
administrative reprimands.
(d) CRITERIA FOR CLASSIFICATION MARKINGS (pages 12-17)
(1) Official information may be marked Top Secret only
when it contains:
(A) details of non-deployed advanced weapons systems
(B) details of operational or contingency
military plan
(C) details of U. S. or foreign cryptographic system
(D) details of foreign intelligence gathering
operations of U. S., with several examples
(E) details of negotiating positions
(F) contains information required by other
statutes to be protected, including "Restricted Data"
(2) Official information may be marked Secret only when
it contains:
(A) details of deployed, advanced, non-compromised
weapon system
(B) details of tactical operational military plan
(C) details resulting from investigative activities
of an agency concerning the specified types of operations
of the U. S. or other specified countries.
(D) details relating to foreign policy objectives,
including information on foreign leaders
3
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(3) Official information may be marked Confidential only
if it contains:
(A) details of R&D of an advanced weapon system
(B) details of the results of a U. S. tactical
military operation, if this would be of military value
to another country
(C) details relating to U. S. policy,
strategy, or diplomacy, if this would damage
diplomatic relations
(4) Official information furnished by a foreign government
or international organization may be classified depending on its
classification determined by the foreign government or
organization. Information obtained by intelligence gathering
may be classified depending on its sensitivity based on
criteria authorized by this subsection.
(e) DOWNGRADING AND DECLASSIFICATION OF OFFICIAL
INFORMATION (pages 17-25)
(1) Except for information covered by subsection (e)(8),
a designated agency official shall downgrade or declassify
information according to subsections (2), (3), (4), and (5).
(2) Top Secret information shall be automatically
downgraded to Secret in not more than 12 months, to
Confidential in not more than 24 months after originally
classified, and declassified in not more than 36 months
after originally classified.
4
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(3) Secret information shall be automatically down-
graded to Confidential in not more than 12 months, and
declassified in not more than 24 months after originally
classified.
(4) Confidential information shall be automatically
declassified not more than 12 months after the date of
classification.
(5) Time periods for downgrading and declassifying
shall be reduced wherever possible.
(6) Except for Top Secret information covered by
section (e)(8), official information originally classified
15 years or longer before the effective date of this section,
shall be declassified within 12 months after the section
becomes effective.
(7) Except for Top Secret information covered by
section (e)(8), official information classified during
the 15-year period preceding the date of enactment shall
be downgraded according to paragraphs (2), (3), (4),
and (5) of this section.
(8) Top Secret information shall be downgraded in
accordance with subsections (5) and (9) only if an employee
authorized to classify and declassify documents makes one
of the following determinations:
(A) it contains specific details of a national
defense plan, weapons system or related defense
5
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matter which would imperil the defense of the U. S.
and the lives of the people if disclosed;
(B) it contains information which would
compromise a cryptographic or communications
intelligence system;
(C) it contains information which would
compromise a current intelligence gathering operation,
jeopardize the life of an agent or source in a foreign
country;
(D) it contains information specifically exempt
from disclosure by another statute.
(9) Whenever a determination is made that information
meets the criteria of (e)(8), the head of the agency shall
(A) immediately report the results of such
determination to the Chairman of the CRC
(B) upon request, make available to the CRC
the determination required by (e)(8)
(C) send an agency employee to a CRC hearing
if majority of CRC votes to hold one . If the CRC, by a
two-thirds vote rules that the agency justification does
not support the determination, it may deny the exemption
from routine downgrading, effective 5 working days after
the CRC action, unless appealed by the agency under (h) (5).
(10) Downgrading and declassification shall be accomplished
by the issuance by an agency of a notice to all known holders of
copies.
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(11) Holders of copies shall, on receipt of notice, note
on their copy the new classification level and other pertinent
data, and remove security precautions in the case of declassified
information
(12) In cases where classified information
(A) is held by an agency without current classification
authority; or
(B) has been transferred to a successor agency or
another agency originally sharing a classification interest
in the information; or
(C) has been transferred to GSA for placement in the
Archives or a presidential library,
the current holder shall promulgate regulations, with
CRC approval, to designate an employee with authority to
downgrade or declassify the information.
(f) ACCESS, STORAGE, HANDLING, AND USE OF OFFICIAL
INFORMATION
Each agency with classification authority shall issue regulations,
under CRC standards, to assure proper access, handling, and use of
classified information.
(g) CLASSIFICATION REVIEW COMMISSION (pages 26-38)
(1) CRC established
(2) membership
(3) leadership and vacancies
(4) salary and staff
7
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(5) CRC shall prescribe standards to assist agencies
in developing regulations regarding handling of classified
information
(6) powers of Commission
(h) ADJUDICATORY AND APPEAL PROCEDURES (pages 38- )
(1) CRC shall hold hearings on (e)(9) cases, at
which concerned agency can present its case
(2) CRC shall decide results of cases within 5 working
days after hearings end
(3) CRC will enter an order in all (e) (9) cases
(4) CRC shall take measures to insure the security
of the information concerned
(5) United States Court of Appeals for the District of
Columbia has exclusive original jurisdiction to review final
decisions of CRC under (h)(3) upon complaint filed by a
party. Appellate jurisdiction is in the United States Supreme
Court.
8
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ApprovEcRingeriNVeNr*V.26t:CIPFFPIPRRITtin?05
GENERAL COUNSEL
OFFICE OF MANAGEMENT AND MIDGET
WASHINGTON, D.C. 20503
VAR 18 1975
MEMORANDUM FOR: Wolf Haber, Treasury
Mark R. Feldman, State
John Warner, Central Intelligency Agency
Martin R. Hoffman, Defense
Antonin Scalia, Justice
James Frey, Office of Managemant and Budget
Gerald P. Dargis, National Security Council
William L. Brown, Interagency Classification
Review Committee
Enclosed is a working draft of a bill regarding the classi?
fication of documents in the interest of national defense
or foreign policy. The draft was infOrmally submitted to
us from the Hill for our comments.
am submitting a copy to you for your comments concerning
direction, thrust, etc. Any movement in this area would,
of course, significantly impact the Freedom of Information
Act and the Privacy Act of 1974. After you have had an
opportunity to review this draft, let we know your commrints.
Enclosure
0
2d.04.&.4;w7 :/AW Aer154,
William rt. Nichols
Acting General Counsel
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? ?11 "
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A BILL
To amend title 5, United States Code, by adding a section 55.2b to
provide for the classification and declassification of official
information in the interest of national defense, to regulate the .
use .of classification authority be Federal agencies., to establish
an independent Classification Review Commission within the Execu-
tive.branzh, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States in Congress assembled,
That this Act may be cited as the "Security Classification Act
of 1975".
2. The Congress finds that --
(1) the interests of the United States and its citizens
bst served by the widest possible public dissemination
rmation concerning the affairs of government;
() some types of information collected, used, and
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b '
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bearing on the conduct of our national defense and foreign
policy and related areas, and must be subject to clearly
defined and regulated constraints in order to protect the
overall security of the nation and our people;
(3) in all too many instances classification authority
conferred upon Executive agencies and thousands of their
employees under various Executive orders in effect over the
past 25 years has been flagrantly misused and abused has
failed to meet the standards of an open and democratic
society, has allowed too many government documents to remain
classified for too long a time, has failed to provide ade-
quate administrative machinery to make the classification
system workable and effective, and has frequently served
to conceal bureaucratic mistakes, illegal activities, or to
prevent embarrassment to government officials and adminis-
trations, thereby undermining to a dangerous extent the
overall integrity and security of the classification system
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bbs002411,11..
? rr"Tr 1',1'0'r:4,m54errTncwnik?ratxrPt?WItArarmorrio.-~e,vesulame. .
Approved For Release 2005/08/22: CIA-RDP80601495R000500060002-2
and the protection of truly vital defense secrets;
3
(4) classification authority in the past, under the
Executive order system, has been too widely conferred upon
too many Federal agencies not having clearly demonstrable
needs for such authority, which have delegated such authority
to far too many agency employees, thereby resulting in ever-
proliferating volumes of agency documents bearing unnecessary
markings and creating an administrative monstrosity;
(5) unnecessary classification or overclassification
of government documents are the inherent results of the
massive bureaucracy spawned by the Executive order classi-
fication system, unable or unwilling to impose strict disci-
plinary controls over the misuse or abuse of classification
authority;
(6) vast amounts of less sensitive, routinely classified
information remain in a classified status for inordinately
long periods of time under the Executive order sytem because
of the lack of workable administrative mechanisms to assure
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Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2
4
periodic review, downgrading, and ultimate declassification based on
a clear determination of the absolute need for the continued protection
information
of ====4 such portions of classified/as would truly serve our
national security interests;
(7) it is essential that the inadequate and inefficient Executive
order classification system be replaced by a workable, efficient, and
enforceable statutory classification system to provide adequate safe-
guards against the compromise of our nation's vital defense secrets,
while at the same time upholding to the maximum extent possible the
right of the American public to know how the affairs of government
are being conducted; and
(8) that pursuant to such a policy, the statutory classification
system must provide for workable administrative machinery in the con-
duct of classification decision making, for an independent mechanism
for reviewing and policing all aspects of the classification program
in each.agency having classification authority, for full access to
Classified information by committees Of the Congress whenever such
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inforrAaptAudi*orrkgRIEY2dotar2i2r:eira6141?91?6Y$99K0a6gClakOrOVN2 functioas,
and for judicial review by the Federal courts in cases involving dis-
putes over the proper use of classification authority authorized by
the classification statute.
Sec. 3. Title 5, United States Code, is amended by adding after
section 552a the following new section:
o
g 552b. Classification and declassification of official infor-
"(a) DEFINITIONS.-- For purposes of this section --
"(1) the term 'agency' means any agency as defined in section
552(e) of this title that has been authorized to exercise classi-
fication authority under this section;
'.(2) the term 'classification authority' means the specific
duties and responsibilities conferred upon a Federal agency by
this section to apply authorized markings on official information
to safeguard such information from unauthorized persons, to down-
grade such markings on such official information, to remove such
designations and declassify such official information and to
perform of-her related tvaes of_ dmtiea accazdance with_the
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in this section;
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tne term official information' means any agency
-document, map, tape, plan, chart, design, model, report, or
other printed matter, or any type of weapon, weapons system,
. military hardware, or similar equipment that may be subject
to classification markings to protect its Unauthorized use
by any agency pursuant to the authority provided in this
section;
(4) the term 'classification marking' means the various
levels of limitation placed on access, control, use, or dis-
semination of official information by those authorized agency
officials under the specific criteria hereinafter described
in this section;
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,'!"",""--Irmw,""T.,1",,.1,4r,o,PrwloVeri'V0.1"^kArl,w'rerfenTrorre,1,1,54
Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2
7
"(b) CLASSIFICATION MARKINCS.--No agency, as defined in section
552(e) of this title, is authorized to exercise classification authority
except as provided for in this section. Agencies authorized by this
section to exercise classification authority may delegate to certain
of its officers and employees authority to apply original classifica-
tion markings to official information as follows --
"(1) Top Secret;
"(2) Secret; or
"(3) Confidential.
"(c) AUTHORITY TO CLASSIFY.--
"(1) Official information may be originally classified as
Top Secret by the following agencies -- the Department of State, the
Department of Defense, the Department of the Army, the Department of
the Navy, the Department of the Air Force, the Department of the
Treasury, the Central Intelligence Agency, the Atomic Energy Corn-
mission, the United States Arms. Coptrol and Disarmament Agency, and
by such offices within the Executive Office of the President as the ?
President.may designate by Executive order.
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ApprovielaorigfeiacsiealOkariataft-M68b8094651kNet506?10017121-tied as
Secret by any agency which may originally classify official information
as Top Secret and by the Department of Justice,the Department of Commerce,
the Department of Transportation, and the National Aeronautics and Space
Administration.
"(3) Official information may be originally classified as
Confidential by any agency which may originally classify official infor-
mation as Top Secret or Secret and by the
"(4) Within the agencies described in this subsection, the
classification of official information may only be done by the bead
of each such agency, and such other senior principal deputies, assis-
tants, and subordinate officials within each such agency who are
designated in writing by the head of each such agency, provided,
however, that subordinate supervisory officials below the level of
section chief or its equivalent may not be designated to classify
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? ptticial information as Top Secret, Secret, or Confidential. No
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such individual may be designated to classify official information
unless his day-to-day operational responsibilities make it imperative
that he have such authority. The head of each such agency shall
semiannually review each individual whom he had designated in writing
as having authority to classify official information in order to take
away such authority from any individual whose daily operational respon-
sibilities no longer make it imperative that he have such authority.
"(A) Individuals who are designated in writing by the
head of an agency pursuant to this subsection as having authority
to classify official information may not rede/egate such authority
to any other individual.
"(0 Except as otherwise provided by statute, the
head of each agency described in this subsection shall compile
and maintain a full and complete list of names, titles, and
office addresses of all individuals within such agency who have
the authority to classify official information as Top Secret,
Secret, or Confidential, including a breakdown identifying
individuals who have the authority to classify official information
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19N3Pticeiccb ff et RisOlirtir 20?11)81P, P40131141 oPP 149,15 99035:9 99Q 92t? Rev j12
Comission. A copy of each such list shall also be made avail-
able, upon request to the appropriate agency head by any committee,
subcommittee, or joint committee of the Congress or by the Comptroller
General of the United States, to such committee, subcommittee, joint
committee or the Comptroller General.
"(G)
Each individual who has the authority purusant to this
subsection to classify official information as Top Secret, Secret,
or Confidential shall, in the exercise of such authority with ?
respect to each item of official information, affix to the clover
or top page of each such item the category of classification
assigned to it, his name, title, including agency designation,
the date, and the automatic declassification date or event, if
possible, that would cause such classified information to no
longer require such level of protection.
"(D) Each individual who has the authority pursuant to this
subsection to classify official information as Top Secret, Secret,
or Confidential shall be held accountable, under regulations
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mrrev-4,44,50-Avotxpr;..4err--?;
11
AppReADEgptvge00a5g/Oe8112c27:aCalAd-RapDpPr800vBe0d1419)y5Rt0h0e050 0060002Classification-2 Review
Commission, for his failure to accurately classify such infor-
"(E) Such individuals shall not classify official infor-
mation in order to conceal administrative error, incompetence,
inefficiency, wrongdoing, to avoid embarrassment to any individual
or agency, to restrain competition or independent initiative, or
to prevent or delay for any reason the release of official infor-
mation otherwise required under sections 552, 552a, or 552b of
this title.
"(F) Any agency officer or employee who, in the routine
course of his assigned duties, uses, reproduces, or otherwise
handles any classified information need not have authority to
classify official information pursuant to the provisions of
this subsection in order to place identification markings on
material containing any such classified information to indicate
its category of classification.
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,anaaar wra.- arnwparp....,,,var ..aaaaa,,a.aaa ;?,,eaa,kata.are.myta, apigmowat.argappaorprinopitovaaiPprOOMCIaloya....../
-kt.i) Any sucn inuivioual who classifies official information
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in violation of-the provisions of this subsection shall be subject
to administrative reprimand, including suspension or such other
disciplinary action as shall be determined by regulations promulgated
by the agency and approved by the Classification Review Commission.
"(d) CRITERIA FOR CLASSIFICATION NARKINGS.--The use of classifi-
cation authority with respect to official information, as authorized
in subsection
) of this section, shall be strictly limited by the
various criteria applied to the designations Top Secret, Secret, and
Confidential as described in this subsection.
"(1) Official information may only be marked as Top Secret
whenever any of the following criteria are deemed to clearly apply
to such information by the individual exercising classificatiOn
authority --
"(A) it contains specific details of an advanced
weapons system not yet deployed, including its design,
? technical or operational characteristics or performance,
manufacturing data, or similar information"; or
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("(B) it contains specific details of an. operatio4 or
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contingency plan for a military operation by the United States
against another country or for our own national defense; or
"(C) it contains specific details of a cryptographic
system of the United States or of another country, such as
manufacturing data, operational characteristics or performance,
use, or similar communications intelligence information; or
0.AAkket Jta-444i/
"(D) it contains specific details concerning foreign
intelligence gathering operations of the United States, in
-
eluding satellite reconnaince or photography, communications
interception involving other countries, intelligence sources
or methods, including the identity of persons engaged in covert
activities abroad on behalf of the United States; or
(5
"(E) it contains specific details of a current negotiating
position of the United States or another country in our diplomatic
relations; or
"(F) it contains information required by other statutes to
be protected, including information marked as 'Restricted Data'
under the provisions of section of title , United States Code.
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"(2) Official information may only be marked as Secret
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Whenever any of the following criteria are deemed to clearly
? apply to such information by the individual exercising classi-
fication authority --
It (A)
if contains specific details of a weapons
System currently deployed and which has not fallen into
the hands of a potential enemy or otherwise compromised,
including its design, technical or operational character-
istics, manufacturing data, or similar information; or
tiv
"(B) it contains specific details of a tactical
operational plan of a limited scale for a military
operation by the United States against another country,
including unit, troop, and weapons deployment, logistical
support, and similar information; or
"(C) it contains specific details resulting from
investigative activities by an agency concerning the
military, intelligence gathering, communications capa-
- bilities, or similar operations of the United States
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Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2 iS
or other countries in which we are engaged in limited
joint military operations; or
Ixeck,
et,..a.
"(D) it contain'S specific details relating to
A
current operational objectives involved in the conduct
of our foreign policy with another coutnry, including
highly sensitive information about officials of such
foreign governments.
"(3) Official information may only be marked as Con-
fidential whenever any of the following criteria are deemed
to clearly apply to such information by the individual
exercising classification authority --
"(A) it contains specific details involving research
and/or development of an advanced weapons system, in-
cluding its projected operational characteristics, plans,
manufacturing data or test results, or similar infor-
mation; or
"(B) it contains specific details of the results
of a tactical military operation legally authorized by
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16
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the United States against another country, including
deployment of our forces, bases, damage reports, de-
briefing information, losses of personnel and equipment,
. weapons performance data, and similar information, the
disclosure of which would be of military value to such
other country or its allies, or
"(C) it contains specific details relating to
elements of United States policy, strategy, or diplo-
matic objectives with another country, the disclosure
of which would seriously damage our current diplomatic
relations with such country.
"(4) Official information furnished to the United States
by ?a foreign government, by an international organization, or
received by an agency as part of its intelligence gathering
authority may be marked by the authorized individual of the
receiving agency as Top Secret, Secret, or Confidential,
depending upon its category of classification by such foreign
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r
Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2 1 7
government or international organization, or in the case of
information obtained by an agency through its intelligence
gathering activities, depending on the sensitivity of such
information as based on the criteria authorized by this sub-
section.
"(e) DOWNGRADING AND DECLASSIFICATION OF OFFICIAL INFORMATION.--
"(1) Except for official information classified as Top
Secret and described in paragraph (8) of this subsection, any
official information Which is classified on or after the
effective date of this section pursuant to the criteria des-
cribed in subsection (c) as Top Secret, Secret, or Confidential
shall be promptly downgraded to an appropriate less stringent
category or declassified, as the case may be, 'n individual
A
within the agency concerned who has authority to classify such
information or by such other official as the head of the agency
may designate to exercise such downgrading or declassification
authority, according to the provisions of paragraphs (2), (3), (4.;
and (5) of this subsection.
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18
ApPhWell FaR0 Weft ZOOPPI3PAriRi-APPMB01495R000500060002-2
ossified as Top Secret
shall be automatically downgraded to Secret not later than
twelve months after the date of its original classification
as Top Secret, automatically downgraded to Confidential not
later than twenty-four months after the date of its original
classification as Top Secret, and automatically declassified
not later than thirty-six months after the date of its original
classification as Top Secret.
"(3) Official information classified as Secret shall be
automatically downgraded to Confidential not later than twelve
months after the date of its original classification as Secret,
and automatically declassified not later than twenty-four
months after the date of its original classification as
Secret.
"(4) Official information classified as Confidential
shall be automatically declassified not later than twelve
months after its original classification as Confidential.
"(5) In the downgrading and declassification of official
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re- "PLtr""rlott:flfl'I'm"r","
Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2
19
information, as provided in this subsection, the time periods
described for each category of classification shall be reduced
whenever the authorized individual within the agency concerned
determines that the impact of national or international events,
policy changes,
/xv the advance of technological developments, or similar situatioz
factors makes it clear that a particular level of classification
protection or any classification protection at all, as the
case may be, is no longer required with respect to that
particular information.
"(6) Except for official information classified as Top
Secret and described in paragraph (8) of this subsection, any
official information which was originally classified prior to
the fifteen-year period immediately preceding the effective
date of this section prusuant to any Executive order, directive,
memoranda, or other authority and which is clasified as Top
Secret, Secret, or Confidential on such effective date shall
be automatically declassified within twelve months after the
effective of this section by the head of theagency concerned
A
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or 4 43Rucn sooroinate officials as he may designate.
Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2
20
"(7) Except for official information classified as Top
Secret and described in paragraph (8) of this subsection, any
official information which was originally classified during
.
.
thefifteen-year period immediately preceding the effective
date of this section pursuant to any Execuitve order and which
is classified as Top Secret, Secret, or Confidential on such
effective date shall be automatically downgraded or declassified [
as the case may be, according to the provisions of paragraphs
(2), (3), (4), and (5) of this subsection.
"(8) Official information which is classified pursuant
to the criteria described in subsection (c). as Top Secret on
. or after the effective date of this section, or which was so
classified pursuant to the authority of any Executive order,
directive, memoranda, or other authority prior to such
effective date shall be automatically downgraded to a less
stringent category or declassified only in accordance with
the procedures described in paragraph (5) and (9) of this
subsection, provided however, that tieinghid66666a0donrcising
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classification or declassification authority within, the
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concerned agency makes a written determination that the
affected information clearly meets any of the tests described
in the following criteria --
"(A) it contains specific details of a national
defense or contingency plan, weapons system, or related
defense matter the continuing protection of which is of
vital importance to the United States, the unauthorized
disclosure of which would imperil the defense of our
nation and the lives of our people; or
"(B) it contains information the unauthorized dis-
closure of which would compromise a cryptographic or
communications intelligence system vital to our national
defense; or
"(C) it contains information the unauthorized dis-
closure of which would compromise a current intelligence
gathering operation or jeopardize the life of an agent
or source in a foreign country engaged in covert activities
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22
ApprOVeWor kileW200503i223 clia-WRIP14nR000500060002-2
"(D) it contains information that is specifically
exempted from disclosure by another statute.
"(9) Whenever a determination is made pursuant to the
provisions of paragraph (8) of this subsection that official
information meets the criteria described so that it is not
,
subjected -to the regular automatic downgrading or declassi-
lacation procedures of paragraphs (2), (3), or (4) of this
subsection, nor does it qualify for downgrading or declassi-
fication action under paragraph (5) of this subsection, the
head of the agency concerned with the particular official
information involved in each such determination shall
"(A) immediately report the results of such deter-
mination and the specific criteria that has been applied
in such case to the Chairman of the Classification Review
Commission, hereinafter established in subsection (g) of
this section; and
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NO,
-
Approved For Release 20 .0710)8722f:Cal-VDM3R/9/8R66M046-006)Zi2 the Chairman
of the Classification Review Commission, he shall make
available to the Commission a copy of the written deter-
mination of the individual within the agency justifying
the application of any of the criteria to the particular
information; and
"(C) designate an agency official to appear before
the ComMis.Sion whenever, by a majority vote of its menthe'
. _
the Commission decides to hold a hearing to obtain addi-
tional information from the agency to justify its -deter-
mination in such case.
If the Commis-Sion, by a two-thirds vote of its membership,
rules that the justification provided by the agency at its .
hearing does not support the agency determination in such case.
it may issue an order denying such. official information the
exemption from routine downgrading and declassification actions
provided in this subsection and such order shall be effective
within five working days following the date of the Commission's.
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iReroved1l
Fore Release p
ap20711d b
51e08122 Cltre g1
DPa80:1y a
0c1495Rs p ded
0005r0o0v06i0O0 24
o r, unless 2-2f r
in sub-
section (h)(5) of this section.
"(10 ) Downgrading and declassification of official infor-
mation shall be accomplished by the prompt issuance of an
official announcement by the agency concerned, including the
date of such action, the agency official involved, and a
description or other identification of the information affected,
authenticating the downgrading or declassification, as the
case may be, to be transmitted to all known holders of copies
of the affected information.
"(11) Any holders of copies of the classified official
information, when notified by the agency concerned of its
downgrading or declassification, as the case may be,
upon receipt of such notification from the agency, promptly
note on its copy the new classification level on any down-
graded item, the date, name and agency official authorizing
such action, and, in the case of declassification action by
the agency, the identical data, and shall promptly remove
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Approved For Release 2005/08/22 : CIA-RDP80B01495R000500060002-2
such declassified item from existing securitY protection
measures in effect.
2l;
"(12) In cases where classified official information --
"(A) is held by an agency originally exercising
classification authority, but which no longer has such
authority or which has ceased to exist; or
"(B) has been transferred to a successor agency
or another agency originally sharing a classification
interest in the offical information; or
"(C) has been transferred to the General Services
Administration in order to be placed in the Archives of
the United States or in a presidential library/ the current
agency holder of the official information shall promulgate
regulations, with the approval of the Classification
- Review Commission, to designate an agency official who
shall have the authority to downgrade such information
to a less stringent category and/or to declassify it.
, , , 0E...04
( f) ACCESS STORAGE HANDLING AND USE Utic612 INFORMATION -
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Approved F(o1r)ReleEaaseci2107g10:11.17): Cl A havingR18071a4s9s5 f00i0c5a00t0i60101002 authority shal126
promulgate regulations, under standards and procedures
prescribed by the Classification Review Commission as
authorized by subsection (g)(5)(B) of this section, to assure
the proper access, adequate safeguards, efficient handling,
use, storage, and accountibility of official information
classified pursuant to the authority of this section.
(g) CLASSIFICATION REVIEW COMMISSION. -
(1) There is established a commission to be known as the
Classification Review Commission (referred to in this section.
as the 'Commission').
"(2)(A) The Commission shall be composed of nine members
who shall be appointed by the President by and with the advice
and consent of the Senate. Of the nine members --
"(i) three shall, be chosen from among individual
recommended by the Speaker of the House of Repre-
sentatives; and
"(ii) three shall be chosen from among individua
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Approved For Releanpwrif : CIA-RDP80B01495R000500060002-2
ed by the President pro tempore of the
Senate.
Of the three members appointed under clause (i) of this sub
paragraph, not more than two shall be affiliated with the
same political party. Of the three members appointed under
clause (ii) of this subparagraph, not more than two shall be
affiliated with the same political party. Of the three
members appointed by the President, not more than two shall
be affiliated with the same political party. A vacancy in
the Commission shall be filled in the manner in which the
original appointment was made. All members of the Commission
must be citizens of the United States.
"(B)(i) Of the members first appointed --
"(I) one recommended by the Speaker of the House,
one recommended by the President pro tempore of the
Senate, and one chosen by the President shall be appointe,
for a term of three years;
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ler of the How:,
Approved ForReleaseti010)5/080/2n2e: CrlAc-cRoDinPireBnOd1e4d95RbOy00t51010e067e2-a
one recommended by the President pro tempore of the
Senate, and one chosen by the President shall be
appointed for a term of five years; and
"(III) one recommended by the Speaker of the nOu!
one recommended by the President pro tempore of the
Senate, and one chosen by the President shall be
appointed for a term of seven years.
"(ii) Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessol
was appointed shall be appointed only for the remainder of
such term. A member may not serve more than one term on the
Commission, except that a member may serve after the.expirati
of this term until his successor has taken office.
"(C) No member of the Commission shall actively engage
in any business, vocation, or employment other than that of
serving as a member of the Commission.
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LJ
"(3) (A) The Comma' ss
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Vice Chairman from among its members for a term of two years.
The Chairman and the Vice Chairman shall not be affiliated
with the same political party. The Vice Chairman shall act
as Chairman in the absence or disability of the Chairman,
or in the event of a vacancy in that office.
"(B) A vacancy in the Commission shall not impair
the right of the remaining members to exercise all the powers
of the Commission and six members thereof shall constitute
a quorum. The Commission shall meet at the call of the Chair-
man or any six of its members.
"(C) The Commission shall have an official seal whicl.
5
shall be judicially noticed.
"(D) The principal office of the Commission shall
be in or near the District of Columbia.
"(4)(A) Members of the Commission (including the Chairman
and Vice Chairman) shall each be paid at the annual rate of
basic pay in effect for level II of the Executive Schedule
of section 5315 of title 5, United States Code.
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30
Approved For Rel Tvr (2115/91pe : Cc loAn-lri Ps8s0iB00;1149s5hRa0100150,(17)6p07-2t an Executive
Secretary who shall be paid at a rate not to exceed the rate
of basic pay in effect.for level IV of the Executive Schedule
of section 5315 of title 5, United States Code. He shall
serve at the pleasure of the Commission and shall be responsil
for the administrative operations of the Commission. He shall
also perform such other duties as may be delegated or assigned
to him from time to time by regulations or orders of the
Commission.
"(ii) The Commission shall appoint a General Counsel
who shall be the chief legal officer of the Commission
and who shall serve at the pleasure of the Commission.
The Commission shall also appoint and fix the compensa-
tion of such additional personnel as may be necessary to
fulfill the duties of the Commission in accordance with
the provisions of title 5, United States Code. The
Commission may also obtain the services of experts and
consultants in accordance with section 3109 of title 5,
United States Code.
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y
Approved For Relea(sCe200T5%6 States mai
2C2?:lakkA6B611405112466566MORMiZed
in the same manner. and upon the same conditions as other
agencies.
"(D) The Administrator of General Services shall
provide to the Commission on a reimbursable basis such admin-
istrative support services as the Commission may request.
"(5)(A) The Commission shall prescribe standards and
procedures as it considers necessary or appropriate to assist
agencies in the development of regulations to effectuate the
provisions of this section.
"(B) The Commission shall also prescribe standards
and procedures to assist agencies in the development of regu-
lations concerning the handling of official information which
is classified in the interest of national defense which shall
be applied uniformly by the agencies concerned (including the
Commission) and shall include, but not be limited to, the
following --
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32
"V? su/obb 12.1),it P(021.1)
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of such information shall be limited to individuals who
are trustworthy and whose official duties require such
knowledge or possession in the interest of promoting
national defense, that (2) the term 'official duties'
shall include functions or services of persons performed
in the accomplishment of official programs or projects
or other official tasks regardless of whether they are
officers or employees of the United States, and that
(3) no individual may withhold or authorize withholding
such information from Congress,
"(ii) assuring that such information shall be ap-
propriately and conspicuously marked or otherwise identified
in order to show its category. of classification;
"(iii) assuring that such information shall be
marked in order to identify the agency which classified
it, the date of its preparation and classification
(including the date of its subsequent downgrading and
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33
declassification), and the name and title of the highes
Tanking person authorizing its classification (and sub-
sequent downgrading and declassification);
"(iv) assuring that such information is appro-
priately protected against dissemination to or access
by unauthorized persons during use, transmission, storag,.
and destruction; and
"(v) assuring that appropriate accountability rec-
ords shall be established and maintained with respect
to such information.
"(6)(A) The Commission may for the puirose of carrying
out its duties under this section hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Commission may deem advisable.
The Commission may administer oaths or affirmations to witnesses
appearing before it?
"(B) The Commission may secure directly from any
agenc144)4Amigt*V*WavitACW122): CIA-RDP80B 495R000500060002-2
to enable it to carry out its
01
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34
Vice Chairman of the Commission, the head of such agency shall
furnish such information to the Commission.
"(C) (I) The Commission shall have the power to issu
subpenas requiring the attendance and testimony of witnesses
and the production of any evidence that relates to any matter
under investigation by the Commission. Such .attendance of
witnesses and the production of such evidence may be required
from any place. within the United States at any designated
place of hearing within the United States.
"(ii) If a person issued a subpena under clause (i)
refuses to obey such subpena or is .guilty of contumacy, any
1 court of the United States within the judicial district within .
which the hearing is conducted or within the judicial district
witin which such person is found or resides or transacts
business may (upon application by the Commission) order such
person to appear before the Commission to produce evidence
or to give testimony touching the matter under investigation.
22
Any failure t Jobe ?M510 punished
F ? Kelease-Wili081221QCIARDR$Pc13 ir
Approved or MOTOtOr
by such court as a contempt thereof.
35
"SjsLi-)0 tb/
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mmlssion shall be
served in the manner provided for subpenas issued by a
United States district court under the Federal Rules of
Civil Procedure for the United States district courts.
"(iv) All process of any court to which appli-
cation may be made under this section may be served in the
judicial district wherein the person required to be served
resides or may be found.
"(D) The Commission shall carry out its functions
with respect to the downgrading and declassification of
official information as described in subsection (e).
"(E)' The Commission may issue decisions, orders,
and directives, and distribute reports, administrative- memor-
andums, and other information in order to assure that the
provisions of this section are carried out.
"(F) The Commission shall publish annual reports
of its activities and shall make available for public inspec-
tion at reasonable times in its office a record of its pro-
ceedings and hearings. However, the Comaiss_LQA....%Ja
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I not
36
ma k- eARryWcynRveleafe 2005/08/22 : CIA-RDP80601495R000500060002-2
, c assified information prior to its declassi-
fication.
n(G,
) The Commission shall conduct a thorough and
continuing investigation and appraisal of the policies, stand-
ards, and operations of agencies classifying information, in
the interest of national defense, under the provisions of this
section.
"(11) The Commission shall, as soon as practicable,
undertake a comprehensive study of the feasibility of utilizing
advanced automated data processing methods and other advanced
information systems technology in the classification and de-
classification fields, including indexing and retrieval systems
to expedite automatic downgrading and declassification pro-
cedures, while assuring that such systems development provide
for adequate technological security to maintain the necessary
level of protection to classified official information stored
in such systems.
"(I) The Commission shall investigate, upon the
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37
vote of at least three of its members, inquiries initiated
by private citizens, officers, or employees of the United
States, or(any other person )concerning any allegation of
_
improper classification of official information within the
purview of this section, or concerning any allegation of the
failure of any agency, or of any officer or employee thereof,
to comply with the provisions of this section, or any agency
regulation, or decisions, orders, or directives of the Com-
mission pursuant to this section. The Commission shall have
a report published which describes the results of each such
investigation. The Commission shall, when appropriate, refer
such matters to the Attorney General of the United States,
provided, however, that nothing in this paragraph shall be
construed as granting the Commission authority to inhibit,
threaten, or abridge the rights of any person under the First
amendment to the United States Constitution.
"(J) The Commission shall furnish to Congress,
committees of Congress, and the Compt_tfitidaboWoboy_2 1 of the
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38
United States, upon request, certain classified information
necessary for Congress to discharge fully and properly all
of its constitutional responsibilities.
"(h) ADJUDICATORY AND APPEAL PROCEDURES.
"(1) In any case within the purview of subsection (e)(9)
of this section, the Commission shall hold a hearing at which
the concerned agency is entitled to present its case or
defense by oral or documentary evidence, to submit rebuttal
evidence, and to conduct such cross-examination as may be
required for a full and true disclosure of the facts.
"(2) The Commission shall meet immediately after the
conclusion of the hearing to begin deliberations. The Com-
mission shall render its decision in writing within five
calendar working days after the conclusion of the hearing.
Such decision shall set forth in detail the reasons for the
determination of the Commission.
"(3) In carrying out its responsibilities under the
provisions of subsection (e)(9) of this section, the Commission
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Approved For Release 2005/08/22 : CIA-RDP80601495R000500060002-2 39
is authorized to enter an order in each case either granting
or denying the agency exemption, in whole or in part, from.
routine downgrading and declassification actions.
"(4)4)The Commission shall prescribe such terms and
conditions as it deems necessary to protect the security of
the information concerned, including but not limited to,
requiring that the person requesting such information or
his agent --
"(i) take adequate measures to guard the physical
security of the information received, and
"(ii) assure that access to the information be
limited to Members of Congress whose responsibilities
require access to such information, or to appropriate
staff members of either House of Congress, or of any
committee, subcommittee, or joint committee of Congress,
or to the Comptroller General of the United States or any
employee of the General Accounting Office who possesses
proper security clearance. GfitAj6 `-C?t* tib 01414nfr/
Li
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"(5)(A) There is vested in the United States Court of
Appeals for the District of Columbia exclusive original
jurisdiction to review any final decision of the Commission
under paragraph (3) upon complaint filed by a party to the
4(
proceeding at which such decision was made within fifteen
calendar days of the date of such decision by the Commission.
The decision of the Commission shall be upheld if there is
substantial evidence on the record to sustain that decision.
Such case shall be immediately considered and shall have
precedence over all other cases pending before such court.
"(B) There is vested appellate jurisdiction in the
Supreme Court of the United States to review by appeal as a
matter of right any decision made by. the United States Court
of Appeals for the District of Columbia pursuant to this para-
graph. The Supreme Court shall act promptly in considering
such appeal and rendering its judgment thereon.
"(C) The judicial review provided for by this para-
graph shall be the exclusive mode of ills-lit:1,3j ArWAieWCW."
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SEC. 4. It is the sense of the Congress that'thc,
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President, in conformity with article II, section 3, and artic
I, section 8 of the Constitution of the United States, shall
keep Congress fully and currently informed with respect to
all of the activities of agencies covered under this Act.
SEC. 5. Section 552(b)(1) of title 5, United States
Code, is amended to read as follows:
"(1)(A) specifically authorized under criteria
established by an Executive order or statute to be kept
secret in the interest of national defense or foreign
policy and (B) are in fact properly classified pursuant
to such Executive order or statute;".
SEC. 6. The chapter analysis of chapter 5 of title 5,
United States Code, is amended by inserting:
"552b Classification and declassification of official infor-
mation."
immediately below:
"552a Records about individuals."
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42
SEC. 7. There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this
Act.
SEC. 8. The provisions of this Act shall be effective
180 days following the day on which this Act is enacted,
except for the provisions of subsection (g), which shall
be effective on and after the date of enactment.
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44.
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MEMORANDUM FOR :
2 June 1975
unier, DDI Executive Staff
SUBJECT : OER Comments on Draft of Security
Classification Act of 1975
1. This draft bill seems to have been writtenlpy_
someone unfamiliar with the intelligence community, where
large-voluthes Of classified material are an essential part
of the business. The provisions of the bill might be
manageable in a wcirk 5dffte-Rt7where Classified material is
a rarity; in the dOnteXt of the in-telligence O-orruhun-ity, the
aicu1ar1y the ProVigibrii _for classification and
dOwngrading, would be unmanageable, perhaps unworkable
without resorIrij-To?gTibterfuges:
25X1
2. The provisions for assigning and exercising
classifying authority (pp. 8-12) would be burdensome to
OER if the D/OER or a few other top officers personally
had to classify each OER product. If_L however, the bill
could be interpreted to allow continuation of the ?relent
practice under to 11652 STAT
STAT
In any event,
b_Liluu Must OI UhR proaucts contain classified source material,
the producing -analyst apparently would be able to mark most
OER products in accordance with the classification of the
source material, without involving any person possessing
clasSifidatiOn-atthority, if-our reading of para4raPh-lc)-
(4)(F) is correct._ _
3. The classification criteria are not adequate to
protect DDI_products_in_those instances eiEre DDI_anaTysi3_
(regardless of the classification or lack of claaalfication
of the source Material used in the analysis) involves
policy-sensitive interpretations of foreigngovern&A=b_W _
economic motiNia-tidt8.-- This might not bea-problem if, for
example, such analysis could be construed to fit CONFIDENTIAL
criterion (d)(3)(C),? "specific details relating to elements
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of foreign policy...that would seriously damage our cur-
rent diplomatic relations." This might be an unwarranted
stretch of the criterion.
4. The lack of an "intelligence gathering" criterion
for classifying CONFIDENTIAL, and the lack of an explicit
criterion for "protection of sources and methods" in clas-
sifying SECRET, plus the lack of provisions for exempting
CONFIDENTIAL or SECRET from downgrading, might result in_con-
siderable effort by classifiers to str.iVe for-a-TOP SECRET
classification wherever posSible, by hook or crook.
- -
5. The volume of requests to the Classification_ReYiew
Committee for exemptions from downgradingarticularly if
the use of the Tofiacarrir classification increase's, rtir-q-ht-
be overwhelming or, at least, a huge administrative burden
_ _ _
for all concerned.
6. Notifications to holders of downgraded or declas-
sified documents Would-be administrativeay burdensome,
possibly not manageable at all. Furthermore, we are puzzled
that the bill seems to call for notifications to holders
even in cases where the downgrading is supposedly automatic
and not subject to possible exemption, i.e., SECRET to
CONFIDENTIAL and CONFIDENTIAL to UNCLASSIFIED. This is a
wanton disregard for unnecessary paper handling.
7. Although the classification criteria allow for
preserving the classification of material from foreign govern-
ments, we see no provision for exempting such material from
automatic downgrading if it is at the CONFIDENTIALlor SECRET
level.
Spec
2 -
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