AR 6-2 AGENCY PREPUBLICATION REVIEW OF CERTAIN MATERIAL PREPARED FOR PUBLIC DISSEMINATION
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
06235321
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
10
Document Creation Date:
March 9, 2023
Document Release Date:
January 5, 2021
Sequence Number:
Case Number:
F-2011-01517
Publication Date:
November 15, 2010
File:
Attachment | Size |
---|---|
![]() | 545.99 KB |
Body:
Approved for Release: 2020/03/16 C06235321
AR 6-2 (U) AGENCY PREPUBLICATION REVIEW OF
CERTAIN MATERIAL PREPARED FOR PUBLIC
DISSEMINATION
AR 6-2 (U) AGENCY PREPUBLICATION REVIEW OF CERTAIN MATERIAL PREPARED FOR PUBLIC
DISSEMINATION
Date: 11/15/2010
Category: 6 - Public Affairs OPR: CIO
Title: AR 6-2 (U) AGENCY PREPUBLICATION REVIEW OF CERTAIN
MATERIAL PREPARED FOR PUBLIC DISSEMINATION
CL BY: , CL REASON: , DECL ON: , DRV FROM:
(U) ADMINISTRATIVE REVISION SUMMARY: 15 November 2010
(UH9-1444)) This regulation supersedes AR 6-2, dated 19 July 2010.
(UHAIU0) AR 6-2 is revised to clarify the prepublication review guidelines for current
CIA employees and contractors, and to update references to new Executive Order 13526,
dated 29 December 2010.
(U) Reference/links have been reviewed and updated as necessary and appropriate.
(U) Boldfaced text in this regulation indicates revisions.
(U) This regulation was written by Chief Information Officer,
(secure).
2. (U) AGENCY PREPUBLICATION REVIEW OF CERTAIN MATERIAL PREPARED
FOR PUBLIC DISSEMINATION
(U/M-flgf)) SYNOPSIS: This regulation sets forth CIA policies and procedures for the
submission and review of material proposed for publication or public dissemination by
current and former employees and contractors and other individuals obligated by the CIA
secrecy agreement to protect from unauthorized disclosure certain information they obtain
as a result of their contact with the CIA. This regulation applies to all forms of
dissemination, whether in written, oral, electronic, or other forms, and whether intended to
be an official or nonofficial (that is, personal) publication.
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
a. (U7171cW8) AUTHORITY. The National Security Act of 1947, as amended, the Central
Intelligence Agency (CIA) Act of 1949, as amended, and Executive Order 12333 require the
protection of intelligence sources and methods from unauthorized disclosure. Executive Order
13526 requires protection of classified information from unauthorized disclosure. 18 U.S.C.
Section 209 prohibits a Federal employee from supplementation of salary from any source other
than the U.S. Government as compensation for activities related to the employee's service as a
Government employee. The Standards of Ethical Conduct for Employees of the Executive
Branch (5 C.F.R. 2635) are the Government-wide ethics regulations that govern Federal
employees. Those regulations include restrictions on outside activities and compensation for
teaching, speaking, and writing related to official duties. In Snepp v. U.S., 444 U.S. 507 (1980),
the Supreme Court held that individuals who have authorized access to CIA information, the
public disclosure of which could harm the national security, hold positions of special trust and
�have fiduciary obligations to protect such information. These obligations are reflected in this
regulation and in CIA secrecy agreements.
b. (U) GENERAL REQUIREMENTS AND DEFINITIONS
(1) (U) The CIA requires all current and former Agency employees and contractors, and others who
are obligated by the CIA secrecy agreement, to submit for prepublication review to the CIA's
Publications Review Board (PRB) all intelligence-related materials intended for publication or
public dissemination, whether they will be communicated in writing, speeches, or any other
method; and whether they are officially sanctioned or represent personal expressions, except as
noted below.
(2) (Uf44-0) The purpose of prepublication review is to ensure that information damaging to the
national security is not disclosed inadvertently; and, for current employees and contractors, to
ensure that neither the author's performance of duties, the Agency's mission, nor the foreign
relations or security of the U.S. are adversely affected by publication.
(3) (U24U44) The prepublication review requirement does not apply to material that is unrelated to
intelligence, foreign relations, or CIA employment or contract matters (for example, material that
relates to cooking, stamp collecting, sports, fraternal organizations, and so forth).
(4) (Uf/AIU0) Agency approval for publication of nonofficial, personal works (including those of
current and former employees and contractors and covered non-Agency personnel) does not
represent Agency endorsement or verification of, or agreement with, such works. Therefore,
consistent with cover status, authors are required, unless waived in writing by the PRB, to
publish the following disclaimer:
(U) "All statements of fact, opinion, or analysis expressed are those of the author and do not
reflect the official positions or views of the Central Intelligence Agency (CIA) or any other U.S.
Government agency. Nothing in the contents should be construed as asserting or implying U.S.
Government authentication of information or CIA endorsement of the author's views. This
material has been reviewed by the CIA to prevent the disclosure of classified information."
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
(7)
(5) (U) Those who are speaking in a nonofficial capacity must state at the beginning of their remarks
or interview that their views do not necessarily reflect the official views of the CIA.
(6) (U) A nonofficial or personal publication is a work by anyone who has signed a CIA secrecy
agreement (including a current and former employee or contractor), who has prepared the work
as a private individual and who is not acting in an official capacity for the Government.
(U) An official publication is a work by anyone who has signed a CIA secrecy agreement,
(including a current employee or contractor), such as an article, monograph, or speech, that is
intended to be unclassified and is prepared as part of their official duties as a Government
employee or contractor acting in an official capacity.
(8) (U) "Publication" or "public dissemination" in this context means:
(a) (U) for nonofficial (that is, personal) works -- communicating information to one or more
persons; and
(b) (U) for official works -- communicating information in an unclassified manner where that
information is intended, or is likely to be, disseminated to the public or the media.
(9)
(1)
(UHAIU0) Covered non-Agency personnel means individuals who are obligated by a CIA
secrecy agreement to protect from unauthorized disclosure certain information they obtain as a
result of their contact with the CIA.
c. (U) THE PUBLICATIONS REVIEW BOARD
(U75441-1U0) The PRB is the Agency body charged with reviewing, coordinating, and formally
approving in writing all proposed nonofficial, personal publications that are submitted for
prepublication. It is also responsible for coordinating the official release of certain unclassified
Agency information to the public. The Board consists of a Chair and an Executive Secretary --
designated by and reporting directly to the Director, Information Management Services (D/IMS)
-- with the rest of the Board membership composed of senior representatives from the Director of
CIA area, the National Clandestine Service (NCS), the Directorate of Support, the Directorate of
Science and Technology, the Directorate of Intelligence, the Office of Security, and the NCS's
Global Deployment Center, who are designated by the appropriate Director, or Operating
Official with D/IMS concurrence. The Office of General Counsel (OGC) provides a nonvoting
legal advisor.
(2) (Uf/AIU0) The PRB shall adopt and implement all lawful measures to prevent the publication of
information that could damage the national security or foreign relations of the U.S. or adversely
affect the CIA's functions or the author's performance of duties, and to ensure that individuals
given access to classified information understand and comply with their contractual obligations
not to disclose it. When the PRB reviews submissions that involve the equities of any other
agency, the PRB shall coordinate its review with the equity-owning agency.
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
(3)
(U) The PRB Chair is authorized unilaterally to represent the Board when disclosure of
submitted material so clearly would not harm national security that additional review is
unnecessary or when time constraints or other unusual circumstances make it impractical or
impossible to convene or consult with the Board. The Chair may also determine that the subject
of the material is so narrow or technical that only certain Board members need to be consulted.
(4) (U) During the course of PRB deliberations, the views of the equity-owning Board member
regarding damage to national security and appropriateness for publication will be given great
weight. In the event the PRB Chair and other Board members disagree as to whether the
publication of information could damage the national security or if the Studies in Intelligence
Editorial Board Chair disagrees with a PRB decision under section g(2) below that an article is
inappropriate for publication, the PRB Chair, or Director of the Center for the Study of
Intelligence, will have 15 days to raise the issue to the D/IMS for review, highlighting the equity-
owner's concerns. If no resolution is reached at that level, the D/IMS will have 15 days to raise
the matter to the Associate Deputy Director of the Central Intelligence Agency (ADD/CIA) for a
final decision. When there is a disagreement whether information should be approved for
publication, it will not be so approved until the issue is resolved by the D/IMS or the ADD/CIA.
However, if the issue is not raised to the D/IMS or the ADD/CIA within the applicable time
limits, the views of the equity-owning Board member will be adopted as the decision of the PRB
(or in those cases where the Studies of Intelligence Editorial Board Chair disagrees with the PRB
decision and the issue is not raised within applicable time limits, the PRB decision will be final).
d. (U) CONTACTING THE PRB
(1) (UHAIU0) Former employees and contractors and other covered non-Agency personnel must
submit covered nonofficial (personal) materials intended for publication or public dissemination
to the PRB by mail, fax, or electronically as follows:
(U) For U.S. Mail:
CIA Publications Review Board
Washington, DC 20505
(U) For Overnight Delivery (for example, FedEx, UPS, and so forth):
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
(U) Facsimile:
(U) Email:
(U) Phone:
(2) (U) Current employees and contractors must submit covered nonofficial and official materials
intended for publication or public dissemination to the PRB by mail, fax, or electronically as
follows:
(U) Internal Mail:
(UHAIU0) Classified Facsimile:
(U) Email: Lotus Note to:
(UHAIU0) Secure Phone:
(3) (U) Current employees and contractors intending to publish or speak on a nonofficial, personal
basis must also complete and submit to the PRB an electronic cover memorandum identifying
their immediate supervisor or contracting officer. The PRB will notify the appropriate Agency
manager or contracting officer, whose concurrence is necessary for publication.
(4) (U) Review Timelines. As a general rule, the PRB will complete prepublication review for
nonofficial publications within 30 days of receipt of the material. Relatively short, time-sensitive
submissions (for example, op-ed pieces, letters to the editor, and so forth) will be handled as
expeditiously as practicable. Lengthy or complex submissions may require a longer period of
time for review, especially if they involve intelligence sources and methods issues. Authors are
strongly encouraged to submit drafts of completed works, rather than chapters or portions of
such works.
e. (U) WHAT IS COVERED
(1) (UhAii50) Types of Materials. The prepublication review obligation applies to any written, oral,
electronic, or other presentation intended for publication or public dissemination, whether
personal or official, that mentions CIA or intelligence data or activities or material on any subject
about which the author has had access to classified information in the course of his employment
or other contact with the Agency. The obligation includes, but is not limited to, works of fiction;
books; newspaper columns; academic journal articles; magazine articles; resumes or biographical
information on Agency employees (submission to the PRB is the exclusive procedure for
obtaining approval of proposed resume text); draft Studies in Intelligence submissions (whenever
the author is informed by the Studies editor that the draft article is suitable for Studies Editorial
Board review); letters to the editor; book reviews; pamphlets; scholarly papers; scripts;
screenplays; internet blogs, e-mails, or other writings; outlines of oral presentations; speeches; or
testimony prepared for a Federal or state or local executive, legislative, judicial, or administrative
entity; and Officers in Residence (OIRs) speeches and publications (although oral and written
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
materials prepared by OIRs exclusively for their classroom instructional purposes are not
covered, OIRs must take particular care to ensure that any anecdotes or other classroom
discussions of their Agency experiences do not inadvertently reveal classified information).
Materials created for submission to the Inspector General and/or the Congress under the
Whistleblower Protection Act and CIA implementing regulations are nonofficial, personal
documents when they are initially created and the author is entitled to seek a review by the PRB
to determine if the materials contain classified information and, if so, the appropriate level of
classification of the information. If, at any point during or after the whistleblower process, the
author wishes to disseminate his whistleblower complaint to the public, the author must submit
his complaint to the PRB for full prepublication review under this regulation. If the author is a
current employee or contractor who intends to disseminate his whistleblower complaint to the
public, the author must also obtain PRB review of his materials under paragraph g below.
(2) (U7'7'ar440.) Review of Draft Documents. Written materials of a nonofficial, personal nature
covered by the regulation must be submitted to the PRB at each stage of their development
before being circulated to publishers, editors, literary agents, co-authors, ghost writers,
reviewers, or the public (that is, anyone who does not have the requisite clearance and need-to-
know to see information that has not yet been reviewed, but may be classified). This
prepublication review requirement is intended to prevent comparison of different versions of
such material, which would reveal the items that the Agency has deleted. For this reason, PRB
review of material only after it has been submitted to publishers, reviewers, or other outside
parties violates the author's prepublication review obligation. The Agency reserves the right to
conduct a post-publication review of any such material in order to take necessary protective
action to mitigate damage caused by such a disclosure. Such post-publication review and action
does not preclude the U.S. Government or the CIA from exercising any other legal rights
otherwise available as a result of this prepublication violation. Additionally, the Agency reserves
the right to require the destruction or return to CIA of classified information found to have been
included in earlier versions of a work regardless of the form of the media involved (for example,
paper, floppy disk, hard disk, or other electronic storage methods).
(3) (U) Public Presentations
(a) (Uthk-ffzi�1) With respect to current and former employees and contractors and covered non-
Agency personnel making intelligence-related speeches, media interviews, or testimony, they
must submit all notes, outlines, or any tangible preparatory material to the PRB for review.
Where no written material has been prepared specifically in contemplation of the speech,
interview, or oral testimony, the individual must contact the PRB Chair or his representative to
provide a summary of any and all topics that it is reasonable to assume may be discussed, and
points that will or may be made. Unprepared or unrehearsed oral statements do not exempt an
individual from possible criminal liability in the event they involve an unauthorized disclosure of
classified information.
(b) (U//AIU ) In addition, with respect to current employees and contractors making official or
nonofficial oral intelligence-related statements to the media or to groups where the media will
likely be in attendance, prior to granting interviews or making public appearances, the speaker
shall contact the PRB for guidance. The PRB will coordinate the review of proposed speeches or
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
media interviews with the component involved, the Office of Public Affairs for guidance
regarding media or press relations, and other offices as necessary.
(c) (U) Current employees who must make court appearances or respond to subpoenas must contact
OGC for guidance.
(4) (UHAIU0) Official Publications. The publication or public dissemination of official Agency
information by any means, including electronic transmissions, such as intern& and unclassified
facsimile, is subject to prepublication review. In addition to the types of materials listed in
paragraph e(1) above, official publications subject to this review include unclassified
monographs; organizational charts; brochures; booklets; flyers; posters; advertisements; films;
slides; videotapes; or other issuances, irrespective of physical media such as paper, film,
magnetic, optical, or electronic, that mention CIA or intelligence data or activities or material on
any subject about which the author has had access to classified information in the course of his
employment or other association with the Agency.
(5) (U) Exclusions. Not included within the scope of this regulation are CIA court filings; regular,
serial publications such as the CIA World Fact Book; or documents released pursuant to official
declassification and release programs such as the Freedom of Information Act or the 25-Year
Automatic Declassification Program under Executive Order 13526, or successor orders. Nor do
these procedures apply to official documents intended to be disseminated only to other Federal
Government entities (that is, responses to other Federal agencies and Congressional entities --
except for unclassified "constituent replies" that will remain covered by this regulation).
(6) (U) Additional PRB Guidance. It is not possible to anticipate all questions that may arise about
which materials require prepublication review. Therefore, it is the author's obligation to seek
guidance from the PRB on all prepublication review issues not explicitly covered by this
regulation.
f. (Uthat-1440) PREPUBLICATION REVIEW GUIDELINES FOR FORMER EMPLOYEES
AND CONTRACTORS, AND COVERED NON-AGENCY PERSONNEL
(1) (ottpd.e) All material proposed for publication or public dissemination must be submitted to
the PRB Chair, as described in paragraph d(1) above. The PRB Chair will have the responsibility
for the review, coordination, and formal approval in writing of submissions in coordination with
appropriate Board members. The PRB Chair will provide copies of submitted material to all
components with equities in such material, and will also provide copies to all Board members
and, upon request, to any Directorate-level Information Review Officer.
(2) (Ui/AIU0) The PRB will review material proposed for publication or public dissemination solely
to determine whether it contains any classified information. Permission to publish will not be
denied solely because the material may be embarrassing to or critical of the Agency. Former
employees, contractors, or non-Agency personnel must obtain the written approval of the PRB
prior to publication.
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
(3) (UHAIU0) When it is contemplated that a co-author who has not signed a CIA secrecy
agreement will contribute to a publication subject to prepublication review, the final version of
the publication must clearly identify those portions of the publication that were authored by the
individual subject to the secrecy agreement. Where there is any ambiguity concerning which
individual wrote a section, and the section was not submitted for review, the Agency reserves the
right to consider the section to be entirely written by the individual subject to the secrecy
agreement and therefore in violation of the individual's prepublication review obligations.
(4) (UHAIU0) When otherwise classified information is also available independently in open
sources and can be cited by the author, the PRB will consider the fact in making its
determination on whether that information may be published with the appropriate citations.
Nevertheless, the Agency retains the right to disallow certain open-source information or
citations where, because of the author's Agency affiliation or position, the reference might
confirm the classified content.
g. (Uthk-41444) PREPUBLICATION REVIEW GUIDELINES FOR CURRENT EMPLOYEES
AND CONTRACTORS
(1) (UHAIU0) All proposed unclassified material must be submitted to the PRB Chair, as described
in paragraph d(2) above. The PRB Chair will. have the responsibility for the review,
coordination, and formal approval in writing of submissions in coordination with the author's
supervisor and other offices as necessary. The PRB Chair will provide copies of submitted
material to all components with equities in such material, and will also provide copies to all
Board members and, upon request, to any Directorate-level Information Review Officer.
(2) (Uthar14343) Additional Review Criteria. Appropriateness. For current employees and
contractors, in addition to the prohibition on revealing classified information, the Agency is also
legally authorized to deny permission to publish any official or nonofficial materials on matters
set forth in paragraphs e(1) and e(4) above that could:
(a) (U) reasonably be expected to impair the author's performance of his or her job duties,
(b) (U) interfere with the authorized functions of the CIA, or
(c) (U71 A146494 have an adverse effect on the foreign relations or security of the U.S.
(134A-14:if))A proposed nonofficial publication by a current CIA employee or contractor
that discusses or pertains to current foreign relations issues or intelligence-related matters
would provide a factual basis for some to reasonably question whether the CIA was
properly carrying out its independent, objective, and apolitical intelligence functions. These
concerns are not resolved or sufficiently mitigated by the inclusion or exclusion of the
disclaimer required by paragraph b(4) above. Therefore, except for academic coursework
required for a course at an accredited U.S. educational institution at any academic level,
such proposed publications are deemed to interfere with the authorized functions of the
CIA and will not be approved for publication. Any Board approval of academic
coursework shall be limited to approval for the current CIA employee or contractor to use
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
the material solely in connection with the course (that is, to be used solely for "classroom
use" and to be shared only with the course instructor and, in limited circumstances, with
other course students). Approval will not be granted for theses, dissertations, or other
academic writings that are intended to have broader distribution extending beyond
"classroom use," such as publication in academic journals or other media. A current CIA
employee or contractor may request that the PRB make a preliminary determination
regarding the effects of these restrictions on a topic or subject matter of a proposed non-
academic publication, but this preliminary determination may not necessarily result in
Board approval to publish the submitted manuscript, which must be assessed case-by-case
in terms of its final content, as well as, the overall context and prevailing circumstances.
(3) (U7tfrI44.0) Outside Activities Approval Request. Current employees and contractors must also
complete a Form 879 (Outside Activity Approval Request) before undertaking any unclassified
publication not officially sanctioned by the CIA (AR 10-15).
(4) (U) Management Review Process:
(a) (UP`Aii349) Nonofficial publications. For all nonofficial publications, current employees must
complete and submit to the PRB a cover memorandum identifying their immediate supervisor or
contracting officer. The PRB will notify these individuals, whose concurrence is necessary for
publication.
(b) (Utt-A-ff443) Unclassified official publications. For all unclassified official publications (official
documents whose dissemination is likely to be broader than the initial, intended Federal
Government entity recipient -- for example, unclassified Congressional "constituent replies") that
are covered by this regulation, current employees or contractors must first coordinate the
document or speech with their management chain. Once initial management acceptance has been
made, the employee must then submit the publication to the PRB for final review and approval.
(Classified official publications are not covered by this regulation and, therefore, are not required
to be submitted to the PRB for review.)
(c) (U771t-H4Q) Resumes. This requirement for management review and concurrence does not apply
for resumes, which must be sent to the PRB, which will coordinate their approval with the
appropriate equity-owning component and Directorate-level Information Review Officer. The
employee must obtain the written approval of the PRB prior to any dissemination of the resume
outside of the CIA.
(5) (1.11tAtT3-0) OGC Ethics Review for Executive Branch Employees. As part of the prepublication
review process, and after PRB/management review of proposed publications is completed, the
PRB will initiate a further review by OGC/Administrative Law Division (OGC/ALD) to
determine if any ethics issues are raised under the Standards of Ethical Conduct for Employees
of the Executive Branch. These Government-wide regulations and AR 13-2 provide that an
employee shall not receive compensation from any source other than the Government for
teaching, speaking, or writing relating to the employee's official duties. Additionally, OGC/ALD
will also review proposed publications by current employees to ensure there is no violation of the
criminal statute, 18 U.S.C. section 209, which prohibits an employee from receiving any salary
Approved for Release: 2020/03/16 C06235321
Approved for Release: 2020/03/16 C06235321
or any contribution to or supplementation of salary from any source other than the U.S. as
compensation for services as a Government employee. Specifically, employees may not receive
outside compensation for any article, speech, or book written or produced as part of their official
duties.
h. (U) APPEALS
(1) (UA441-1:3-6) If the PRB denies all or part of a proposed nonofficial publication, the author may
submit additional material in support of publication and request reconsideration by the PRB. In
the event the PRB denies the request for reconsideration, the author may appeal. PRB decisions
involving nonofficial publications may be appealed to the ADD/CIA within 30 days of the
decision. Such an appeal must be in writing and must be sent to the PRB Chair. Appeal
documentation must include the material intended for publication and any supporting materials
the appealing party wishes the ADD/CIA to consider. The PRB Chair will forward the appeal
and relevant documentation through the components that objected to publication of the writing or
other product at issue. The Director or Head of Independent Office will affirm or recommend
revision of the decision affecting his or her component's equities and will forward that
recommendation to OGC. OGC will review the recommendations for legal sufficiency and will
make a recommendation to the ADD/CIA for a final Agency decision. The PRB Chair is
responsible for staff support to the ADD/CIA. The ADD/CIA will render a written final decision
on the appeal. Best efforts will be made to complete the appeal process within 30 days from the
date the appeal is submitted.
(2) (U) This regulation is intended to provide direction and guidance for those persons who have
prepublication review obligations and those who review material submitted for nonofficial or
official publication. Nothing contained in this regulation or in any practice or procedure that
implements this regulation is intended to confer, or does confer, any substantive or procedural
right of privilege on any person or organization beyond that expressly stated herein.
i. (Uthat-1444?) BREACH OF SECRECY AGREEMENT. Failure to comply with prepublication
review obligations can result in the imposition of civil penalties or damages. When the PRB
becomes aware of a potential violation of the CIA secrecy agreement, it will notify OGC and the
Office of Security (OS). After the OS review and investigation of the case is completed, if
further action is deemed warranted, the OS will refer the matter to OGC, which will report all
potentially criminal conduct to the Department of Justice (DOJ) and consult with DOJ regarding
any civil remedies that may be pursued.
Approved for Release: 2020/03/16 C06235321