Reading Room Document

Effect of Tie Vote by Department Review Committee on Declassification of Document

This document addresses the legal effect of a tie vote by the Department Review Committee (DRC) on the declassification of a document. The conclusion reached is that declassification is not appropriate in the event of a tie vote by the DRC. The document presents questions for review regarding the burden of proof provision in the regulations that relate directly to the declassification review process, and whether the reference to the "burden of proof" in the regulations was intended to refer to the ultimate burden of persuasion or to the burden of going forward. It also discusses the function of the DRC and whether an equally divided vote results in declassification.

July 21, 1978