SCI DENIALS WORKING GROUP- PROGESS REPORT ON DEVELOPMENT OF APPEAL PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000100050037-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: August 11, 2005
• Sequence Number: 37
• Publication Date: October 5, 1978
• Content Type: MF

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MEMORANDUM FOR: Chairman, Security Committee
THROUGH:
FROM:
SUBJECT;
Executive
Secretary,
Security Committee
SCI Denials Working Group Progress Report
on Development of Appeal Procedures
1, A meeting was held of the SCI Denials Working Group
on 5 October 1978.
2. At the outset, the undersigned advised the group
that the Chairman, at the last SECOM meeting, had reviewed
the draft DoD proposal attached and found same to be unac-
ceptable. The Group was advised that you desired a uniform
appeal procedure which contained limited due process pro-
cedures. I then introduced to the Group
and advised them that woul assist. us in achieving
the above objective.
3, spoke for some time in response to questions
concerning routine legal matters pertaining to the necessity
of developing such procedures and on due process requirements.
In conclusion, suggested that the Group establish
a uniform appeals proce ure that would provide for depart-
mental. appeals with. a final appeal to the DCI. He advised
the Group that such procedures would be highly desirable
from a legal standpoint in that it would be apparent to any
court that procedures were consistently applied throughout
the community. (I find it difficult to reconcile this approach
with our black contracts),
4, Opposition was voiced to this proposal by the DoD
representatives, and particularly the NSA representative.
The FBI also objected to this procedure while stating that
he believed that a uniform appeal procedure was necessary;
however, he felt that it should be limited to the Departments
to administer. The Justice representative advised that the
Counsel to the Attorney General had recommended that written
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STAT
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appeals procedures be developed; however, the Justice Depart-
ment Counsel desires to review same before implementation,
5. After the meeting, I advised that his
proposal as outlined above went further than anything that
we had previously suggested or discussed, said
that he would discuss the matter personally with you.
6. During the course of the meeting, it was disclosed
that there is, in fact, a number of ad hoc SCI appeal pro-
cedures throughout the community which range from the DIA
"counseling" a subject who was denied SCI access to other
DoD procedures of notifying such subjects in writing through
command channels without providing any details or reasons
why they were denied access. The Air Force, for instance,
conducts a personal interview with the subject of a SCI
denial and advises them that they can obtain the reasons for
such. action by submitting a privacy act request.
7. Interested members of the Working Group will meet
at the Pentagon on 11 October 1978 to attempt to formulate
a proposal that will be submitted to the full Working Group
on 18 October. has been invited to both meetings.
Original - Addressee
1 - SECOM/subject
1 - SECOM/chrono
SECO 5 October 1978
cc:
STAT
STAT
STAT
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 Approved For Reuse 2005/08/22 : CIA-RDP82M00591 RW0100050037-7
DRAFT DOD PROPOSAL AN DP AP REVISION TO DCID 1 14
Each Senior Intelligence Officer shall estab-
lish formal procedures ensuring that individuals
denied access to SCI are notified of the decision
and are afforded a reasonable opportunity to re-
spond.
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