PROPOSED NSDD ON CONTROLLED EXECUTIVE DISCLOSURE

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP89B00297R000400970006-1
Release Decision: 
RIPPUB
Original Classification: 
C
Document Page Count: 
14
Document Creation Date: 
December 23, 2016
Document Release Date: 
January 23, 2012
Sequence Number: 
6
Case Number: 
Publication Date: 
April 14, 1986
Content Type: 
MEMO
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PDF icon CIA-RDP89B00297R000400970006-1.pdf415.8 KB
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Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 25X1 25X1 25X1 itouTm Am sHaT rEtf suUECT: (OplieeeI) Proposed !SDD on Controlled Executive Disclosure oo-f) bm/ffs FRC+M EXTENSION No. Pnlir-v and Plans-7r DATE 11 April 1986 (OAlar AMieneNee. mom eemba, a11 e bvII ~) PATE O~FICWS COMMENTS (Nweba *" esIM to show "a *6M t~nrvt~ t~oawAlloEo INMALI I. who.. Grow a %* saw . **~ oew ..d eiwlbUn.) C/POL BR Attached is a response to SBOCM tasking regarding subject. This 2. BO/OS l~ topic is on the agenda for the SEOCM meeting on Wednesday, 16 April. DD/PS 4. D/S 'rt APR Ole 10. 11. 12. 13. 14. 13. , 610 OS REGISTRY Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 FOR OFFICIAL USE ONLY 14 APR 1986 STAT MEMORANDUM FOR: Chairman, SECOM SUBJECT: Proposed NSDD on Controlled Executive Disclosure 1. The proposed National Security Decision Directive on Controlled Executive Disclosure has been reviewed by appropriate Agency components including the Office of General Counsel. Comments that have been offered concerning the draft follow: ? It should be clearly understood that this proposed NSDD should follow the requirements of Executive Order 12356 and the various DCIDs and NSDDs relating to the classification of National Security Information. ? With that in mind, Executive Order requirements concerning declassification of information will continue to apply and senior officials must have information formally declassified by appropriate authorities before that information can be released. ? It should also be clearly understood that information which originated with one agency cannot be declassified by a second agency. 2. It is specifically suggested that the wording in the first paragraph be changed to clearly reflect that the information currently classified is intended to be declassified. The term "formerly classified information" is misleading and the following change is offered: From time to time authorities within the executive departments determine that it is necessary to declassify currently classified_ information for release in connection with_ valid foreign policy or national security_ requirements. FOR OFFICIAL USE ONLY Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 FOR OFFICIAL USE ONLY STAT STAT The reference to "formerly classified information" in the last paragraph can be retained. 3. This proposal has been discussed at length for at least two years. It is a good idea and we endorse it. At a minimum, a determination could be made that a disclosure was authorized and properly declassified for policy reasons and was not passed to the media without prior authorization. :OS/EO/PPS !Distribution:! Orig - Adse 1 - D/S: 1~, OS Registry 1 - PPG Chrono: 1 - Policy Br (11 Apr 86): FOR OFFICIAL USE ONLY Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 ROUTINQ AND TRANSMITTAL SUP 7 i D t ( N a n d , oft@ I Main numbw. REMARKS 00 NOT use this form as a RECORD of approvals, concurrwkas, disposals, clearances. and similar actions FROM (Hama, ors. symbol, Agency/Post) ~G y ~S G !Coordination I 1 Justify OPTIONAL FORM 41 (Rev. 7-76) . CIO aas.2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 eWUNWEACL 25X1 25X1 610 USE PREVIOUS EDITIONS ROUTING AND RECORD SHEET SUBJECT: (Optional Spp Proposed N:DD az "Ccntrolled Executive Disclosure" FROM: EXTENSION NO. Policy Branch/PPS Office of Security DATE 19 March 1986 TO: (Officer designation, room number, and ildi b DATE OFFICER'S COMMENTS (Number each comment to show from whom ng) u RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.) 1. C/CI 20 MAR Attached is a proposed NSDD prepared by the Chairman of the 2 2. Unauthcrized Disclosure Investigations Subcommittee. 3. It is forwarded for your review and ccmment. Please submit your comments to PPS by COB 4. 28 March 1986. 5. C/ 6. 7. S. C! C~-> 9. 10. 11. 12. 13. 25X1 5X1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 DIRECTOR OF CENTRAL INTELLIGENCE SECURITY COMMITTEE UNAUTHORIZED DISCLOSURES INVESTIGATIONS SUBCOMMITTEE STAT STAT STAT Chairman, DCI Security Committee Central Intelligence Agency Washington, D.C. 20505 As a part of our ongoing efforts to develop initiatives which may be useful to the Director of Central Intelligence in his effort to reduce the incidence of unauthorized disclosures which are seriously damaging to intelligence sources and methods, I have drafted the attached letter for the DCI's signature. The letter, addressed to the Special Assistant to the President for National Security Affairs, encloses a copy of a draft NSDD on "Controlled Executive Disclosure". If the DCI believes it to be do-able, ind it is accepted, we can help organize a small ad hoc working group to assist in implementation actions. Sincerely, C RMAN Unauthori d Disclosure Investigations Subcommittee Encl: a/s . Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 DIRECTOR OF CENTRAL INTELLIGENCE MEMORANDUM FOR SPECIAL ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS SUBJECT: Proposed NSDD on "Controlled Executive Disclosure" 1. As a part of our continuing effort to develop innovative approaches to the serious problem of unauthorized disclosures of sensitive information, the Chairman, Un- authorized Disclosures Investigations Subcommittee of my Security Committee has developed a draft National Security Decision Directive to establish a system for coordinating proposed disclosures. 2. The proposed "Controlled Executive Disclosure" system has several useful features: - it is drafted to protect not only intelligence but all national security information it is not pointed to the media but rather to the "leaker" - it recognizes that certain senior officials must, from time to time, release what was classified information to do their job it sets up a system to accommodate the executive who must release information - while protecting the still sensitive aspects 3. I recognize that some seniors may consider this "too bitter a pill" and fight it. It can only be effective if it gets the President's strong support. 4. This proposal has been discussed with Ken DeGraffenreid of your staff and with the Director, Information Security oversight office, both of whom felt it had merit and should be tried. Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 5. I recommend the attached draft be discussed at an early National Security Council meeting. 6. If accepted, I am prepared to provide assistance on its implementation. An Ad Hoc Working Group could be convened to facilitate implementation and develop associated ground rules. Encl. Draft NSDD "Controlled Executive Disclosure" Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 National Security Decision Directive CONTROLLED EXECUTIVE DISCLOSURE From time to time authorities within the Executive Departments determine that it is necessary to declassify and release formerly classified information in connection with valid foreign policy or national security requirements. The purpose of this directive is to establish a procedure to assure that such releases do not inadvertently jeopardize military operations, foreign relations, or sensitive intelli- gence sources or methods. When such proposed releases relate to military operations, they will be referred to the Secretary of Defense or his designee for approval. When such proposed releases relate to foreign relations, they will be referred to the Secretary of State or his designee for approval. When such proposed releases include, or are based on, sensitive intelligence sources or methods they will be referred to the Director of Central Intelligence or his designee for approval. Additionally if sensitive cryptologic information is involved, the item must be referred to the Director, National Security Agency. Releases, either verbal or written, which contain formerly classified information and which have been coordinated in accordance with the control procedures described herein will be referred to as Controlled Executive Disclosures (CED). Authorities releasing such information will maintain a record of the CED coordination and release details. Releases of classified information which have not been subject to the CED coordination process will be considered unauthorized disclosures. FOR OFFICIAL USE ONLY Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 25X1 25X1 ROUTING AND RECORD SHEET SUIJECT: 1O0onal) SpCC,4 Proposed N9D a1 "Controlled Executive Disclosure" FROM77 EXTENSION NO. Policy Branch/PPS Office. of security DATE 19 March 1966 TO: (Officer designation, room number, and ildi b DATE OFFICER'S COMMENTS (Number each comment -o show from whom ng) u RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.( 1. C Attached is a proposed NSDD prepared by the Chairman of the 2. Unauthorized Disclosure Investigations Subccalnittee. 3. C/CG ATTN: C/CD It is forwarded for your review and comment. Please submit your comments to PPS by COB 4. 28 March 1986. 0GC 5' C 5 6. 10. ~ 1 C p .. . 12. ~.L ~? 13. 14. 15. FORM 610 USE PREVIOUS 1.79 EDITIONS Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 C O N F I D E N T I A L OGC-86-51003 10 April 1986 MEMORANDUM FOR FROM: SUBJECT: Policy Branch/PPS/OS Proposed NSDD on Controlled Executive Disclosure 1. I have reviewed the proposed National Security Decision Directive on Controlled Executive Disclosure and have no legal objection to the draft, provided that there is a clear understanding that this NSDD should be read in conjunction with Executive order 12356, National Security Information, and various DCIDs and NSDDs on the classification of National Security Information. I believe it is important to make it clear that the Executive Order requirements concerning. the declassification of information will continue to apply, that senior officials must have information formally declassified by appropriate authorities before they can release such information, and that information which originated with one agency cannot be declassified by a second agency. 2. I also have a minor technical problem with a reference to the first paragraph of the NSDD to "formerly classified information." I assume that this was meant to refer to information which is classified and then intended to be declassified for release as a "Controlled Executive Disclosure." Technically speaking, information remains classified until it has been declassified, and the reference to declassification of "formerly classified information" makes no sense. I would suggest the following changes to the first paragraph of NSDD: From time to time authorities within the executive departments determine that it is necessary to declassify currently classified information for release in connection with valid foreign policy or national security requirements. Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 C 0 N F I D E N T I A L 3. The reference to "formerly classified information" in the last paragraph can be retained as it refers to information which was, in fact, formerly classified and which has been declassified pursuant to the procedures in the NSDD. 2 C 0 N F I D E N T I A L Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1 S E C R E T MEMORANDUM FOR OS/PPS SUBJECT: Proposed NSDD on Controlled Executive Disclosure This proposal has been discussed at length for at least two years. It is a good idea, we endorse it and it should help in battle against unauthorized disclosures. At a minimum it will help us determine if a unauthorized disclosure initiated at a high level for policy reasons, or disclosure passed to the media FROM: OS LIB without prior permission. S E C R E T Declassified in Part - Sanitized Copy Approved for Release 2012/01/23: CIA-RDP89B00297R000400970006-1