A determination will be made in regard to whether the records you requested will be released or withheld from disclosure under the Freedom of Information Act, 5 U.S.C. 552, within 10 days (excepting Saturdays, Sundays, and legal public holidays) after receipt of your request by the responsible processing authority. Sincerely, M. K. WARD, Air Staff Freedom of Information Manager, DEPARTMENT OF THE AIR FORCE, ANDREWS AIR FORCE BASE, Washington, D.C., July 14, 1977. Subject: Request for copy of records (Case File No. AFCMO 77–033). Mr. JOHN MARKOFF, Washington, D.C. 1. Your letter, 23 May 1977 was received on 8 July 1977 forwarded from AFCMD/DADF, Kirtland AFB, New Mexico. A time extension has been found necessary for the proper processing of the records requested under the Freedom of Information Act, 5 U.S.C. 552, for the following reason: The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more geographically separated installations of the Air Force having substantial subject matter interest therein. 2. A determination is expected to be made regarding your request by 27 July 1977. ERNEST BALENZUELA, Chief, Documentation Division, DEPARTMENT OF THE AIR FORCE, ANDREWS AIR FORCE BASE, Washington, D.C., July 13, 1977. Subject: Request for records under the Freedom of Information Act. Mr. JOHN MARKOFF, Military Audit Project, Washington, D.C. 1. We have given careful consideration to your forwarded request of 23 May 1977 for DCAA audit reports pertaining to the Rockwell International Corporation. It is our determination that a portion of the sought information is exempt from disclosure under 5 U.S.C. 552(b) (3) (4) and (5), and as cited below. Your specific requests and our comments concerning their release and denial are as follows: a. "Audit Review of Washington D.C. Office and Operations and other expenses; Rockwell International Corporation, Pittsburgh, Pa." Date of Report: 6 April 1976. b. "Advisory Report, 1972," B-1 Division, 428-05-4-0044, 24 May 74, Rockwell International. c. "Advisory Report, 1973," B-1 Division, Rockwell International, 4641-05-50061, S1, 3 January 75, 7 March 75. d. "Advisory Report, 1974," B-1 Division, Rockwell International, 4641-055-0129, S1, 30 June 75, 19 September 75. e. "Advisory Report, 1975," B-1 Division, Rockwell International, 4641-056-0134, 30 June 76. Segments of the above-referenced reports are denied pursuant to AFR 12-30, paragraphs 10 c, d and e. Information withheld includes sensitive and confidential commercial and financial information which if disclosed would place Rockwell at a competitive disadvantage in both the government and private sales markets. This information was received with the understanding that it would be retained on a privileged or confidential basis in accordance with customary handling of such records. The withholding of this information serves a significant governmental purpose by encouraging contractors to freely disclose their commercial and financial information to the Government without fear of harm to their competitive position. Included also are opinions and recommendations rendered to the contracting officer. These comments are predecisional and part of the deliberative process. Furthermore, they reveal and discuss commercial and financial information received in confidence. (Fold here for window envelope) 2. The decision to withhold release of this information may be appealed in writing to the Secretary of the Air Force within 45 days from the date of this letter. Include in your appeal any reasons for reconsideration you wish to present and attach a copy of this letter. Address your letter as follows: Secretary of the Air Force through HQ AFSC/PP, Andrews Air Force Base, D.C. 20334. 3. Copies of the releasable portions of the audit reports you requested will be available from HQ AFSC/DADF, Andrews Air Force Base, D.C. 20334. They will notify you of any fees applicable to this request as required by AFR 12-30. JAMES W. STANSBERRY, Brigadier General, USAF, DCS/Procurement & Manufacturing. Your request for DCAA Audit Reports Pertaining to Rockwell International b. Available from Superintendent of Documents, U. S. Government Printing Office, DC 20402 c. Available from National Technical Information Service, 5285 Port Royal Road, Springfield VA 22151. Specifications, standards, and related publications are available from U. S. Naval Publications and Forms e. Available from DDC, Cameron Station, Alexandria, VA 22314 to qualified requesters. Accession number f. Available from ASD/DADF, Wright-Patterson AFB OH 45433. Your request has been forwarded to AFSC/DADF, Andrews AFB DC 20334 for final release determination. h. Under revision, availability date unknown at this time. Resubmit your request in approximately days. k. We are unable to identify material or information requested from the information furnished, please furnish n. A determination has been made that the record(s) requested is/are releasable under the Freedom of Informa ADDITIONAL COMMENTS 1. Reference AFSC/PP Ltr, 14 Jul 77, Subject: Request for Records Under the Freedom of Information Act. 2. Copies of releasable portions of the Audit Reports you requested will be forwarded upon receipt of payment as required in item "n". Please mail your check or postal money order to: HQ AFSC/DADF, Andrews AFB DC 20334. [EXHIBIT 45] BIOGRAPHICAL SKETCH OF JOHN F. BLAKE Age 55; married with five daughters; B.S. in Political Science from the University of San Francisco and an M.A. in International Relations from the George Washington University. He also attended the National War College in 1963. He served as an Army Lieutenant, artillery, in World War II and was transferred to OSS in January, 1945. Upon separation from the military in July 1946, he was hired by SSU (predecessor of CIA) and has had consecutive service since. His service includes assignments in all four of the Agency's Directorates, domestic and overseas Stations, and the Office of the Inspector General. More significant assignments include Executive Officer of the Directorate of Science & Technology, Deputy Director and Director of Logistics, Director of Personnel, and Associate and Deputy Director for Administration. He was awarded the Distinguished Intelligence Medal on 29 April 1974. He was appointed Deputy Director for Administration on 3 August 1974 and Acting Deputy Director of Central Intelligence on 13 July 1977. [Exhibit 49] MKULTRA MEMO JANUARY 6, 1975. Memorandum for: Acting Director. Per instructions from Dr. /former Chief/DDP/TSD, all MKULTRA files, branch files and those retrieved from archives, were destroyed on 31 January 1973. (See attached.) To the best of my recollection the MKULTRA projects were terminated in 1966 or 1967. I have no knowledge of the ULTRA type materials having been used operationally against US Citizens. DEAR SENATOR ABOUREZK: I am enclosing a copy of a draft Executive Order to replace Order No. 11652, which establishes the security classification system. In behalf of the President, I would like to request any comments and suggestions you may have. Comments on both policy and specific language would be wel come. We need your reactions by October 14, 1977, so they can be conveyed to the President before he decides on the final Order. Please send your comments to Ron Kienlen, General Counsel's Office, Office of Management and Budget, Room 465, Old Executive Office Building, Washington, D.C. 20500. Feel free to share this draft with others who might want to comment. Thanks in advance for your help. Sincerely, Enclosure. RICHARD M. NEUSTADT, Deputy Special Assistant. EXECUTIVE ORDER NATIONAL SECURITY INFORMATION AND MATERIAL By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to balance the public interest in access to official information with the legiti mate need to protect information which should be kept secret in the interestof national security, it is hereby order as follows: SECTION 1. DEFINITIONS (a) "Official information or material" means that information or material which is owned by, produced for or by, or under the control of the United States Government. (b) "National security" means the foreign policy or national defense interests of the United States. (c) "Agency" means any independent entity, including the Military Departments, within the Executive Branch. (d) "Intelligence source" means a person, organization, or technical means which provides foreign intelligence or foreign counterintelligence and which, if its identity or capability is disclosed, is vulnerable to counteraction that could nullify or significantly reduce its effectiveness in providing foreign intelligence or foreign counterintelligence to the United States. An "intelligence source" also means a person or organization which provides foreign intelligence or foreign counterintelligence to the United States only on the condition that its identity remains undisclosed. (e) "Intelligence method" means the method which is used to provide support to an intelligence source or operation, and which, if disclosed, is vulnerable to counteraction that could nullify or significantly reduce its effectiveness in supporting the foreign intelligence or foreign counterintelligence activities of the United States, or which would, if disclosed, reasonably lead to the disclosure of an intelligence source of operation. (f) "Classified information" is official information which has been determined by proper authority to require a degree of protection against unauthorized disclosure in the interest of national security and has been designated, dependent upon its significance to the national security, with one of the three following authorized classification designations: (1) "Top Secret" is the designation which shall be applied to official information or material the unauthorized disclosure of which could reasonably be expected to cause exceptionally grave damage to the national security. (2) "Secret" is the designation which shall be applied to official information or material the unauthorized disclosure of which could reasonably be expected to cause serious damage to the national security. (3) "Confidential" is the designation which shall be applied to official information or material the unauthorized disclosure of which could reasonably be expected to cause significant damage to the national security. SECTION 2. ORIGINAL CLASSIFICATION (a) Classification requirements.-Official information or material, hereinafter referred to as information, shall not be classified unless an original classification authority determines: (1) That the information meets one or more of the criteria set forth in subsection (b) below; and (2) The disclosure of such information could reasonably be expected to cause at least significant damage to the national security. In the case of information provided in confidence by a foreign government or international organization, it is reasonable to expect that the breach of that confidence could cause significant damage to the national security. (b) Classification criteria.-The following, which apply equally to all three authorized classification designations, describe information which is classifiable if its disclosure could reasonably be expected to: (1) Make the United States or its allies vulnerable to attack by a foreign power, or weaken the ability of the United States or its allies to conduct armed operations or defend themselves, or diminish the effectiveness of the United States' armed forces; or (2) Lead to hostile political, economic, or military action against the United States or its allies by a foreign power; or (3) Disclose, or provide a foreign nation with an insight into, the defense plans or posture of the United States or its allies; provide a foreign nation with information upon which to develop effective countermeasures to such plans or posture; weaken or nullify the effectiveness of a United States military, foreign intelligence, or foreign counterintelligence, plan, operation, project, or activity; or (4) Aid a foreign nation to develop, improve, or refine its military potential; or (5) Reveal, jeopardize, or compromise an intelligence source or method, an analytical technique for the interpretation of intelligence data, or a cryptographic device or system; or (6) Disclose to other nations or foreign groups that the United States has, or is capable of obtaining, certain information or material concerning those nations or groups without their knowledge or consent; or (7) Deprive the United States of a scientific, engineering, technical, economic, or intelligence advantage directly related to national security; or (8) Create or increase international tensions; or otherwise significantly impair our foreign relations; or (9) Disclose or weaken the position of the United States or its allies in the discussion, avoidance, or peaceful resolution of existing or potential international differences; or (10) Disclose plans prepared by, or under discussion by, officials of the United States to meet contingencies or situations arising in the course of our foreign relations or national defense; or (11) Cause political or economic instability or civil disorder in a foreign country; or (12) Disclose the identity of a confidential source of a United States diplomatic or consular post; or (13) Disclose information or material provided to the United States in confidence by a foreign government or international organization. c. Prohibitions.-Classification of information is subject to the following prohibitions: (1) Where there is doubt as to whether certain information requires any security protection, the classifying official will strike the balance in favor of public access to official information and the information shall not be classified. (2) No information may be classified in order to conceal violations of law, inefficiency, or administrative error, to prevent embarrassment to a person, organization, or agency, to restrain competition or independent initiative, or to prevent or delay for any other reason the release of information which does not require, in the interest of national security, the protection authorized by this Order. (3) Basic scientific research information may not be classified, except for Restricted Data within the meaning of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014(y)), and except for such information that is directly related to the national security. (4) Information or material which is not official information or material may not be classified; thus, information resulting from independent or nongovernmental research and development shall not be classified unless it incorporates or reveals classified information to which the researcher or developer was given prior access or unless the Government first acquires a proprietary interest therein. (5) References to classified documents may not be a basis for classification unless the reference, standing alone, would disclose classified information. (6) Classification shall not be used solely for the purpose of limiting dissemination of information which is not classifiable under the provisions of this Order. (7) Where there is doubt whether information should be classified Secret or Top Secret, it shall be classified Secret. Where there is doubt whether information classified should be classified Confidential or Secret, it shall be classified Confidential. d. Classification authority.—(1) The authority to originally classify information "Top Secret" may be exercised only by such officials as the President by publication in the Federal Register may designate in writing and, subject to the restriction in paragraph (4) by the heads of the following agencies: (i) Department of State. (ii) Department of the Treasury. (iii) Department of Defense. (v) Department of the Navy. (vi) Department of the Air Force. (vii) Department of Justice. (viii) Department of Energy. (ix) U.S. Arms Control and Disarmament Agency. (x) Central Intelligence Agency. (xi) National Aeronautics and Space Administration. |