THE THIRD AGENCY RULE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800020016-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: March 6, 2000
• Sequence Number: 16
• Content Type: REGULATION

Approved For Release 2000/09/03 :CIA-RDP83B00823R600800020016-1~
The Third Agency Rule
1, As early as November I953, the third agency rule was
included in Executive Order 10501, which has now been revoked.
Section 7(c) prohibited the dissemination of "classified defense
information originating in another Department or agency" to an .
agency "outside the receiving Department or agenc Thetonly excep-
ency
or a
g
cor_se*_~.t of the originating Departmen~
Lion to this rule is that dissemination may be made under the authority
section authorizes
Thi
s
of Section 102 of the National Security Act.
ence to correlate and evaluate ~
lli
t
l I
l
g
e
n
the Director of Centra
riate
ro
ger_ce relating to the national security, and provide for the PP P
dissemination of such intelligence within the Government using, ~vher f
appropriate, :existing agencies and facilities" .. __-,":~__~_-----r~
2. Historically, the responsibility of the DCI to disseminate
ed to "finished intelligence" . This product is
f
err
intelligence has re
the end result of contributions from members of the Intelligence Commu-
ation the finished product is ayt homogenous
it
i
u
s s
pity. Therefore, in th
product and therefore the approval for further dissemination beyond the
gence Agency.
Central Intell
h
m
i
e
t
.receiving agency must come fro
3. Executive Order 10501 was supersed~ d by Executive Order
11652 which became effective I June 1972. This executive order did not
specifically cover the third agency rule . However, it does provide the .
following controls: Sec.. 9. Special Departmental Arran ements . The
originating Department or other appropriate authority may impose, in
conforarity with the provisions of this order, special requirements with
respect to access, distribution and protection of classified information.
and material, including those which presently relate to communications
h
ra
to
y.
p
g
intelligence, intelligence sources and methods and cryp
ation of the implementation of Executive Order
i
ti
I
p
c
n an
4.
11b52, a directive was issued on 114ay 17, 1972 entitled "National Security
Council Directive Governing the Classificat;on, Downgrading, Declassi-
fication and Safeguarding of National Security Information" . This
~_ directive does not contain the term "third agency rule" but does have
four Subsections which relate to procedures which are similar to what
historically h.ad been called the third agency rule. These sections are:
A , (2) Determinatio:~ of Ne?d-to-Know . In addition to a
security clearance, a person must have a need for access
to the particular classified information or material sought
in connection with the p?rformance of his official duties or
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 D. Consent of Originating Department to Dissemination
Recipient. Except as otherwise provided by Sec.-,ti.on
lOZ of the National Security _Act of 2947, 61 Stat. 495, 50
U..S.C. 403, classified information or material originating
in one Department small not be disseminated outside any
other Department to which it has been made available
without the consent of the originating Department.
E. Dissemination of Sensitive IntBIli~ence Inforrriat?on. -
14IETrIODS Ii'~iVOLVED" shall not be disseminated in any
manneroutsfde au#horized channels without the permission
of the origiz~.atin~ Deparunent and an assessment by the
_
senior intelligence official in the disseminating Department
as to the potential risk to the national security and to the
intelligence sources and methods involved..
Approved For F~elea~~~QdQ/(~~~llg~~l~-~2DP.~~~O~~~e3F~AA08,~gn2o~~t~iat need _
sYiatl be made by officials having responsibility for the
classified information or material.
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F . Restraint on Special Access Requirements . The
establishment of special rules limiting access to, distri-
button and protection of classified information and material
under Section 9 of the Order requires the specific prior
.approval of the head of a Department or his designee.
Examples of the applicatiton of the Third Agency Rule are:
(a) In a national security estimate, contributions are
received from all members of the Intelligence Community~~.Q
then disseminated to members of the community under the
authority of the DCI;
(b) A CIA intelligence report disseminated to the State
Department may not be sent by the State Department to
the Department of Commerce without the permission of the
(c) Information which the GIA furnishes the President's
Commission may not be disseminated to other agencies ar
to the Congress without the concurrences of CIA. Thus,
a request from the Congress to the Commission foz- CIA
information should be referred to CIA for action so that
the necessary protection of the information can be insured.
 Approved For R~Fe~sgf2~00/~9/03 ? CIA-RpP83B00823R0~0800020016-1 ,.
e avy Deparbnent discus ;one of its o
wit. CIA, CIA may not include information about that operation
in papers it disseminates to other agencies unless it has
received the permission of the Navy Departmernt. .The distinc-
tion here is that a I`Tavy operation would not be considered part
of the finished intelli
gence mechanism. and therefore would
not fall within the statutory authority of CIA to disseminate
intelligence.
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 Approved For Release 2000/09/03 :CIA-RDP83B00823RDn0800020016-1
.d Hoc Coordinating Group Me. .ng
Wednesday, 2 April 1975
at 1000 hours
DCI Conference Roam (7D64)
ICS" 25X1A Air Force
Colonel Donald B. Ralph;~
Justice
Mr. James A. Wilderotter
Mr. J. J. Hitchcock
Captain Vern Jennings
Treasury
Mr. J. Faster Collins
Mr. Robert McBrien
ERDA
Mr. Richard Durham
Offc of Sec Def
Mr. Martin R. Hoffmann
Mr. Robert T. Andrews
Offc of Under Sec of the AF
Dr. Charles Cook
Lt. Col. Harold Coyle
DIA 25X1A
Army
Mr. Merrill T. Kelly
N~
Mr. A. Clarke Magruder
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25X1A
 Approved For Ruse 2000/09/03 :CIA-RDP83B00823R060800020016-1
IC-?5-1951 -
28 March k975
MEMORANDUM FOR
SUBJECT
1. The following information has been obtained from th
Mr. Frank M. Slatinshek
chief Counsel, Armed Services Committee Staff
Room 2117 Rayburn House Office Building
Cleared: TS, SI, TK, B
Mr. William H. Hogan, Jr.
Counsel, Armed Services Committee Staff
? ~ xoom 6339 Rayburn House Office Building.
..Cleared: TS, SI, TK
Mr. John L. Boos ~i
Chairman Nedzi's Assistant for Intelligence
~.. ..
Room 2343~Rayburn House Office Bui.Iding
Cleared: TS, SI, TK, B
2. -The following secretaries are annrnvA~i TrIT? rc~ww:_L _r ~.
'.wi. oagressman Nedz= and may be officially associated in the near
c asszf~ed
ri12.terial. It is assumed that they will-have continuing close relations
..~ C
~ervl.ces t;ommittee,who have been approved for access to ? 1
Congressman Nedzi's staff or on the staff of the Hniiaa A T'TY'tmea
e-
Office of"Legislative Counsel and addresses those individuals on
Berniece Kalinowski (Slatinshek)
Room ZII7 Rayburn House Office Building
Cleared: TS, SI, TK, B
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25X1A
SECURLTY -House Select Committee -
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Rita D. Argenta (Hogan)
Room 233q Rayburn House Office Building
Cleared; TS, SI
Room 2339 Rayburn House Office Building
Oneta L. Stockstill (Boos)
Cleared: TS, SI, TK
3. Safe storage facilities are available in Mr. William Hogan's
office which have b4en approved by CIA. Mr. Slatinshek and Mr. Boos
keep classified material meant for Con.gressma.n Nedzi in this area.