TRANSMISSION OF INFORMATION TO THE PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000500010072-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: August 12, 2002
• Sequence Number: 72
• Publication Date: March 16, 1966
• Content Type: MF

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OGC
16 March 1966
Central Intelligence
OGC Has Reviewed
MEMORANDUM FOR:
SUBJECT:
Dir
414:
6.0596
Transmission of Information to the President's
Foreign Intelligence Advisory Board
This memorandum is for informs,
. Conclusions
a. There is no statutory basis for withholding,Agency
information relating to foreign intelligence matters which
the President's Foreign Intelligence Advisory Board may
require.
b. YOU have a right to prescribe what security
protection will be given to any such classified information.
c. I believe you have a right to question the Board's
used to know in appropriate cases, although the final
determination is the Board's prerogative.
Discussion:
OGC
FOIAB5
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b. The basic regulation on the protection of classified
information is Executive Order 10501, which places responsi-
bility for the protection of such information on the head of
the department or agency concerned. It also eetsblished in
section 7 the need-to-know principle and the requirement
for security clearances for recipients of classified informa-
tion. It also recognises in section 12 the primacy of any
statutory requirements. Finally, NSCID No. 1, section 5,
provides that the DCI, with the assistance and support of
USIB. shall ensure the development of policies and procedures
for the protection of intelligence and intelligence sources and
methods from unauthorized disclosure.
c. Executive Order 10938, which sets up the PFIAB,
provides that the DCI shall make available to the Board
any information with respect to foreign intelligence matters
which the Board may require for the purpose of carrying out
its responsibilities to the President. These responsibilities
are to advise the President with respect to the objectives
and conduct of the foreign intelligence and related activities
of the United States, and the Board is directed to conduct a
continuing review and assessment of all functions of the
Central Intelligence Agency. and other departments or
agendas with similar responsibilities, and to report
thereon to the President. Consequently, the transmission
of any information concerning the Agency and its intelligence
activities which the Board may require would be authorized
under the statutory and regulatory responsibilities of the
DCI.
d. TheVarecutive Order establishing the Board provides
that information so supplied to the Board shall be afforded
physical security protection as prescribed by the provisions
of applicable laws and regulations. This, I believe, gives
the DCI the right to limit at least to some extent the form
In which the information is given and the use to which it is
put. I believe, for instance, he could prescribe that
specified categories of very sensitive information supplied
in writing could not be taken outside the United States and
must, of course, be given adequate physical protection while
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In the custody of the Board. I believe he could preecribe
that people in possession of certain categories of highly
sensitive information would have to take specified security
precautions as to their persons, including perhaps denial
of travel in certain areas for eetablishad periods of time.
e. Finally, I believe the DCI could in appropriate
cases question whether the Board had a need to know
certain specific information. Assume, for instance,
that the Board were to ask for the true identities and
locations of all espionage and counterespionage agents.
The Director could well raise the question of what purpose
this information would serve, but since the Executive Order
requires him to make available any information which the
Board may require, in the end the DC/ would either have
to acquiesce to the Board's request or appeal to the
President.
s
EL HOU TON
al Counsel
cc: DDC1
Eu DCI! NIPE
DDP
DDI
DAS
DDS&T
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MEMORANDUM FOR:
THE DIRECTOR
You requested a statement of the law in
regard to withholding information from the PFIAB.
This paper is not the answer you would like to
have but is. I believe, an accurate reflection of
the situation under current law and regulations.
I recommend arguing the point on practical
security grounds rather than on legalities.
LAWRENCE R. HOUSTON
General Counsel
)6 March 1966
cc: DDCI (DATE)
FORM NO. I 0 I REPLACES FORM 101
I AUG 54 WH ICH MAY BE USED.
(47)
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STAT
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