Photocopy from G jald R Ford Library 5 Sum Fara Epum Bra HerJ MEMORANDUM THE HOUSE WASHINGTON September 23 1975 MEMORANDUM FOR JACK MARSH FROM HENRY A KISSINGER SUBJECT Administration Position toward the Handling of Classified Information with the Pike Committee On September 11 the House Select Committee by a majority vote declassified and made public classified information without the approval of the Executive Branch This action constitutes a challenge to the President's constitutional responsibility to conduct foreign affairs and protect the national security of the United States Inherent in this responsibility is the authority to assure the protection of sensitive information associated with the execution of this responsibility Under the Constitution the Congress is charged with making appro- priations which enable the President to execute the above re sponsi bilities Historically the Congressional oversight role has been carried out under an accommodation between the two branches which has provided for the exchange of information under conditions of mutual respect for its sensitivity That good faith relationship has now been breached by a single committee of the Congress In determining the Administration position for resolving this dispute I believe it is iznportant to make clear that the traditional ground rules remain a valid basis for doing business and that there is no objection indeed we fully re spectu-the practices being followed by the other committees of the Congress This is not to say that we will not face challenges of a similar nature from other conunittees However I believe that it would be unwise to broaden the confrontation unnecessarily The basic issue is the asserted right of the Pike Committee unilaterally to declassify classified information Photocopy Rom Gerald R Ford Library The Issues All classified information or sensitive information The nature of the classification system by definition makes clear that there are gradations of sensitivity It is an Executive re spon- sibility to assure that information is not classified frivolously Pursuant to that criterion however once information is classified there mustdbe the presumption that it should not be made public Over time information formerly classified may lose its sensitivity Current regulations Executive Order 11652 recognize this and provide a means for the downgrading of classification In special circumstances such as are represented by the Select Committee inve stigations the regulations may be eXCepted to provide for urgent declassification in exigent cases During the course of these investi- gations I would concur in a position of responsiveness to Committee requests for declassification on a case-by case basis - More specifically I believe that the Administration should respond to Committee requests by providing information under its current classification expressing concurrently a willingness to deal with Committee requests for declassification When disagreements arise however over the declassification of certain information I believe that the final determination must re side in the Executive branch It is this question which is now at issue with the Pike Committee It is my firm belief that Executive authority in this area is accepted by the Congress as witnessed in statutes and the absence of challenge through the years The question then is how to bring the Pike Committee into conformity with traditional Congressional practice in this area I cannot comment on the legal merits of the case although as implied above I believe that the Pre sident s constitutional authority is clear and the derived power to preserve classification obvious In the days ahead I believe the Administration should seek the Committee's recognition of those rules which have traditionally been observed These rules should provide for if If'Photocopy from Gerald R Ford Library full and deliberate consultation between the Committee and the classifying Agency to include the highest level -- if the issue cannot be resolved in this manner it should be referred to the Leadership of the House in question for a decision on the merits or further referral to the President if Jfollowing the Pre sident's decision the leadership is dissatisified the matter could be referred to the courts St rate In the instant case I believe that the approach outlined above should be presented to the House leadership in an early meeting with the President If the House leadership is unwilling to accept such an approach I believe that the President's current proscription against providing classified information to the House Select Committee should be maintained and that the Committee should be left to consider an early court test of its position on this issue fu 9 -ur furl l fx Jd F 1 fat #ava NSC 9'th 1 Mama New kt ama aunt Mvtgor fd h 0 Mars A 1L0 9ch 32- ma 1 3 1113 fit 07 ka w ifu kwh i 01 # 434- b 10 29 ch tQFermQme again-2 5 admain gamma c2 I I                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu