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Letters, statements, etc., submitted for the record by-Continued
Colby, William E., Director, Central Intelligence Agency:

Disposition of Freedom of Information Act requests_
Information on exempted documents__-_-

Page

383-392

367

Status report on the declassification of CIA documents on the
Bay of Pigs incident

395

Supplementary statement...

359-360

Cooke, David O., Deputy Assistant Secretary (Administration),
Office of the Comptroller, Department of Defense:

Information concerning documents reviewed..

174-175

Information regarding disclosure of classified military information
to foreign governments and international organizations....

179-221

Statement...

74-130

Submissions to additional subcommittee questions_
Sundry information relative to the hearings...
Dembling, Paul G., General Counsel, U.S. General Accounting Office,
statement.-

245-256

228-229, 239, 242

42-26

Fascell, Hon. Dante B., a Representative in Congress from the State of Florida, statement....

31-32

Halperin, Morton H.:

276

Disposition of different types of information__.
Statement..

262-263

Laise, Carol C., Assistant Secretary of State for Public Affairs, Depart-
ment of State: Submissions to additional subcommittee questions.. 333,
336, 338-347

Marshall, Charles L., Director, Division of Classification, U.S. Atomic
Energy Commission:

AEC Manual Appendix 3401-Classification and Declassification
Handbook.__.

435-439

Procedures for making declassified reports available to the public. 440-441
Statement. -

433-435

Moorhead, Hon. William S., a Representative in Congress from the
State of Pennsylvania, and chairman, Foreign Operations and
Government Information Subcommittee:
Discussion transcript -----

242-245

Exchange of correspondence with the Department of Defense. 234-238, 268-269

Moss, Hon. John E., a Representative in Congress from the State of
California:

311-313

Article from the New York Times of November 12, 1973, by
Lesley Oelsner, entitled "FBI To Open Secret Files, With Some
Deletions, on Hiss, Chambers, and the Rosenbergs"
Excerpt from the Congressional Record of April 22, 1948-
Opinion drafted by the Congressional Research Service of the
Library of Congress, and an excerpt of 1971 testimony of Mr.
Justice Rehnquist..

286

289-295

Rakestraw, W. Vincent, Assistant Attorney General, Office of Legislative Affairs, Department of Justice:

Statement...

277-282

Submissions relative to the hearings..

298

299, 301, 302, 304, 305, 307, 308-309
Rhoads, Dr. James B., Archivist of the United States and Acting
Chairman, Interagency Classification Review Committee:
Information regarding declassification process..

67

July 26, 1974, letter from Robert D. Barber, Assistant Director,
Security, U.S. Information Agency, re proposed amendment to
H.R. 12004.

Number of official notifications and reprimands for classification
abuses between April 1, 1973, and March 31, 1974, table.
Report on data index systems, August 9, 1974.
Statement_ _ _.

62-63

70

65-66

49-55

APPENDIXES

Appendix 1.-Resolution on security classification by the Joint AHA-SAA-
OAH Committee on Historians and Archives, September 15, 1973.
Appendix 2.-Statements submitted for the hearing record..
Appendix 3.-Study by Harold C. Relyea, Analyst, American National
Government, Government and General Research Division, Congressional
Research Service, the Library of Congress, entitled "The Evolution of
Government Information Security Classification Policy: A Brief Overview
(1775-1973)," September 11, 1973

Page

443

444

505

Appendix 4.-Pamphlet entitled "Guidebook for the Authorized Classifier,'
U.S. Atomic Energy Commission

598

Appendix 5.-Pamphlet entitled "The Availability of Department of State
Records".

615

Appendix 6.-Report of the Defense Science Board Task Force on Secrecy,
July 1, 1970.

623

Appendix 7.-Interagency Classification Review Committee Progress
Report, April 1974.

643

Appendix 8.-Excerpt from the Federal Register, August 23, 1973, entitled
"Interagency Classification Review Committee, Appeals Procedures"--
Appendix 9.-Pamphlet entitled "Know Your Rights to Mandatory Review
of Classified Documents".

Appendix 10.-Study by Harold C. Relyea, Analyst, Government and
General Research Division, Congressional Research Service, the Library
of Congress, entitled "Comment Upon and General Analysis of Pending
Bills Regarding Government Information Security Classification Policy,"
May 16, 1974.

Appendix 11.-Article from the New York Times magazine dated February
4, 1973, by Theodore Draper, entitled "The Classifiers of Classified
Documents Are Breaking Their Own Classification Rules".

Appendix 12.-Article from Foreign Affairs dated October 1973, by Nicholas deB. Katzenbach, entitled "Foreign Policy, Public Opinion and Secrecy"

720

723

727

741

747

SECURITY CLASSIFICATION REFORM

THURSDAY, JULY 11, 1974

HOUSE OF REPRESENTATIVES,

FOREIGN OPERATIONS AND

GOVERNMENT INFORMATION SUBCOMMITTEE

OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2154, Rayburn House Office Building, Hon. William S. Moorhead (chairman of the subcommittee) presiding.

Present: Representatives William S. Moorhead, Bella S. Abzug, John N. Erlenborn, Paul N. McCloskey, Gilbert Gude, and Alan Steelman.

Also present: William G. Phillips, staff director; Norman G. Cornish, deputy staff director; L. James Kronfeld, counsel; Elmer W. Henderson, general counsel; and Stephen M. Daniels, minority professional staff, Committee on Government Operations.

Mr. MOORHEAD. The Subcommittee on Foreign Operations and Government Information will come to order.

This morning we continue the subcommittee's 3-year effort to focus congressional and public attention on the operations of the Na-f tion's security classification system as part of a long-range effort to help bring about needed improvements in that system.

Our current investigative work began in June 1971, during the consideration by the Federal courts of administration efforts to obtain prior restraint in connection with newspaper publication of portions of the so-called Pentagon Papers.

These hearings probed the procedures exercised by executive agencies in classifying information under authority of old Executive Order 10501, issued by President Eisenhower in 1953, thus updating previous investigations, public hearings, studies, and reports recommending reforms in the classification system by this subcommittee during the 1950's and 1960's under the chairmanship of my distinguished predecessor, the gentleman from California, Mr. Moss.

In May 1972, during 6 days of public hearings, this subcommittee probed even deeper into the way in which the classification system was operating under Executive Order 10501 and sought additional information from executive agency witnesses on the interpretation of provisions of the new Executive Order 11652, issued by President Nixon in March 1972, and which became effective on June 1, 1972. In May 1973 the Government Operations Committee issued a report, based on these hearings (H. Rept. 93-221), adopted unanimously.

Along with 24 other colleagues in the House, I introduced H.R. 12004 last December to carry out the recommendations of the committee report, calling for enactment of a statutory classification system. All of us realize that this legislation is not the ultimate answer to all of the complex problems in the classification field. Already, a number of substantive, as well as technical, defects have been called to our attention by agencies asked to submit letter reports prior to these hearings and by other outside experts.

After these hearings have been concluded, I will redraft and reintroduce the measure to reflect the most meritorious amendments suggested.

What we are basically attempting to do in this legislation is to create a workable statutory system to provide maximum protection to those truly vital defense secrets on which our Nation's security may well depend while at the same time providing for the maximum declassification of information needed to advance the American public's "right to know" what their Government is doing in these vital defense-related fields.

If we are successful in bridging this gap of difficult, sometimes almost irreconcilable conflict, we can make a significant contribution toward essential reforms that will promote the most efficient operation of the security classification activities of our Government.

This morning we will hear first from two colleagues from the Government Operations Committee-first, the Honorable Dante B. Fascell of Florida and second, the Honorable Alan Steelman of Texas, who has just recently introduced H.R. 15577, another approach to the creation of a statutory classification system.

The following witness will be Mr. Paul Dembling, General Counsel of the General Accounting Office.

Next, we will hear from the Honorable James B. Rhoads, Archivist of the United States and acting chairman of the Interagency Classification Review Committee. He will be accompanied by Mr. William L. Brown, executive secretary of that committee.

Our final witnesses at today's hearing will be from the Department of Defense: Mr. David O. Cooke, Deputy Assistant Secretary (Administration), Office of the Comptroller, accompanied by Mr. J. J. Liebling, Deputy Assistant Secretary (Security Policy), Office of the Comptroller, and Maj. Gen. J. J. Cody, Deputy Director, Contract Administration Services. Defense Supply Agency, who will describe classification responsibilities in the work of that agency as part of the industrial security program.

The bill, H.R. 12004, will be printed in full in the record. [The bill, H.R. 12004, follows:]

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