COMMENTS ON ISOO DRAFT REVISION OF EXECUTIVE ORDER 12065

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000070047-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: July 6, 2007
• Sequence Number: 47
• Content Type: REGULATION

Approved For Release 2007/07/06: CIA-RDP85B00552RO01000070047-4
COQ ENTS ON ISOO DRAFT REVISION
OF EXECUTIVE ORDER 12065
A. Page 7, Section.1~-302
Change to read "Information that is determined to concern one
or more of the categories in Section 1-301 shall be classified when
an original classification authority also determines that its
unauthorized disclosure, either by itself or in the context of
other information, reasonably.could be expected to cause damage to
the national security."
This restores the emphasis on potential disclosure damage when
considering the "aggregate" classification of isolated information.
/ B. Page 8, Section 1-303
Change to read "Unauthorized disclosure of foreign government
information, cryptologic information, or information relating to
intelligence activities (including special activities), or intelligence
sources or methods, is presumed to cause damage to the national
security."
The addition of "intelligence activities (including special
activities)" is consistent with similar constructions throughout
the draft.
C. Page 9, Section 1-501
Move the parenthetical expression in 1-501(a) and. 1-501(b) to
the main paragraph of 1-501, where it appeared in a previous draft.
This marking exclusion must appear in the main paragraph in-
order to cover all markings. There are circumstances in which any
U.S. marking at all would reveal a confidential relationship.
D. Page 10, Section 1-502
Delete entire section. This partial restoration. of the
portion-marking requirement could lead to the release of Agency
information marked as unclassified by other agencies without Agency
review to determine if it warrants classification in the aggregate.
It also could lead to confusion between internal and external. agency
procedures. If there must be a portion-marking requirement in the
Order, the following substitute wording for Section 1-502 would cause
fewer problems:
"Agency heads may require that each copy of a classified
document that is intended to be used as a source for
producing acld.it
anal ocuments mha1 L b marking or
J J-_
otheriiicans,-indicate which portions are c_i as _ f ed,
with the applicable classification level, and which
portions are not classified."
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E. Page 16, Section 3-301
Move the last sentence into a new Section 3-303. Delete the
last five words of this sentence.
This provision for establishing special Secretary of Defense
and DCI review procedures should be separate to make clear that
the procedures may apply to all agencies, not just the National
Archives. Establishing. these procedures should riot require
mandatory consultation with affected agencies (even though such
consultation normally occurs).
F. Page 18, Section 3-402
Restructure the first two sentences to read: "Information
originated by a President, the White House Staff, by committees,
commissions, or boards appointed by the President, or others-
specifically providing advice and counsel to a President or acting
on behalf of a President is exempted from the provisions of
section 3-401. The Archivist of the United States shall have authority
to review and declassify such information in the possession and
control of the Administrator of General Services pursuant to
sections 21.07, 2107 note, or 2203 of title 44 U.S.C."
This is consistent with the coverage of Archivist authority
elsewhere in the draft. These authorities relate only to information
in GSA custody.
G. Page 19, Section 3-404
Move the fourth sentence into a new Section 3-405. Renumber
the present 3-405 as 3-406.
As with Section 3-301 (comment E above), the provision covering
special Secretary of Defense and DCI review procedures should be
separate to indicate that these procedures have general effect. The
addition of the new authority for Archivist review in Section 3-402
(comment F above) also requires this provision be separate to make
clear it is not tied solely to the "mandatory review" of Section 3-404.
H. Page 20, Section 4-101
Add "Agency heads shall issue and maintain minimum investigative
standards that must be satisfied before access to classified information
is permitted."
Disparities and misunderstandings between agencies on what their
standards are would be minimized if this Executive order required them
to be stated. Although this is covered in Executive Order 10450, that
order is outdated, subject to interpretation by individual agencies,
and in some cases virtually ignored.
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I. Page 22, Section 4-201
Add after Director of Central Intelligence, "who shall ensure the
establishment of common security, access, dissemination, and control
standards for such programs."
This addition states the current reality established in existing
DCID's. DoD objection to this provision is based on the worst-case
interpretation of the possibility of imposition of such controversial
security programs as the polygraph.
J. Page 22, Section 4-202
Delete entire section.
This requirement is unclear, unnecessary, and burdensome. It
has not worked in the present Executive Order 12065.
K. Page 29, Section 5-404
Change the last sentence to read "Either shall ensure that the
Director of the Information Security Oversight Office is informed
periodically of violations under Section 5-402(a) or (b)."
Notifying D/ISOO on every occasion when there is an improper
disclosure of classified information could adversely impact the
polygraph program.
L. Page 31, add Section 6-108
6-108. "cryptology," for the purposes of this Order, means
cryptography and communications security.
This definition reflects the current Intelligence Community
understanding that the Director of Central Intelligence is responsible
for the portion of intelligence sources and methods lmown as signals
intelligence (SIGINT) and the Secretary of Defense is responsible for
communications security (COMSEC) matters. Without this definition,
Section 4-201 of the IS00 draft is in direct contravention to the
statutory authority of the DCI. Furthermore, NSCID 6 specifically
makes the DCI responsible for SIGINI' security policy. According
to the official, current, Intelligence Community Glossary of Intelligence
terms, "cryptology" includes both SIGINT and CONISEC. As an alternative
to the addition of a definition for "cryptology," the word "cryptography"
or "cryptographic" might be substituted for. "cryptology" or "cryptologic"
throughout the ISOO draft.
M. Page 31, add.Section 6-109 and 6-110
6-109. "Unauthorized disclosure" includes either a comiflunication
or physical transfer of classified information to an unauthorized
person.
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6-110. "Unauthorized persons" are those who do not have both a
current security clearance for access to the level. of classified
information involved and a specific, identifiable need for access to
the information involved in order to accomplish an official and
authorized government purpose.
These definitions clarify what is required to protect information
and what will subject officers and employees of the United States
Government to sanctions.
N. In addition to the above comments, we support the ISOO wording changes
in Sections 1-101(a), 1-103, 1-204(e), 1-205, 1-303, 1-501, 2-102(b),
3-401(b), 3-404, 5-202(d), 5-202(8); 5-301(b), 5-402(a), and 6-106.
Further, we do not object to the changes in Sections 1-301(j), 1-401,
1-402, 1-501(c), 3-203, 3-401(a), 3-403, 3-405(b), 4-101, 5-102, 5-301(c),
and 6-107. Also, there are two typographical errors in the last
sentence of Section. 3-301. There is an extra comma preceding the
parenthesis and "sources and methods" should be "sources or methods."
And the "could reasonably" in Section 6-106 should be "reasonably could."
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