PROPOSED ANNEX B TO DCID 1/14: APPEALS PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP96M01138R000900010010-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 27, 2016
• Document Release Date: January 14, 2013
• Sequence Number: 10
• Publication Date: August 19, 1981
• Content Type: MF

Declassified in Part - Sanitized Copy Approved for Release 2013/01/14: CIA-RDP96M01138R000900010010-9
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MEMORANDUM FOR:
VIA:
FROM:
DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
Executi?e Registry
SEGOM-D-183
19 August 1981
Acting Director of Central Intelligence
Director, Intelligence Community Staf
Acting Chairman
SUBJECT: Proposed Annex B to DCID 1/14: Appeals Procedures
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1. Action Requested: That you sign the attached memorandum
for NFIB approving appeals procedures on denial or revocation of
Sensitive Compartmented Information (SCI) access approvals as
Annex B to DCID 1/14.
2. Background: With strong endorsement by the DCI's General
Counsel, the Security Committee proposed an SCI appeals procedure.
This was briefed to the NFIC on 24 July 1981. The concept of an
appeals procedure was favorably received, but the OSD and military
service representatives were concerned that the personal appearance
option would impact unfavorably on the Department of Defense. The
OSD representative also advocated informing individuals of the
specific reasons for and the intent to deny or revoke their access
prior to doing so. He recommended including in DCID 1/14 only a
general call for appeals procedures with each SIO free to develop
and implement them. He followed up his discussion with a memorandum
to the DDCI providing additional detail.
3. Discussion: While there appears to be unanimity for an
appeals procedure, the form and content need to be resolved.
a. The OSD representative's proposal that each
department structure its own procedures is countered
by a majority contention that there are both legal and
administrative advantages to a uniform procedure for
common application in all SCI matters.
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SUBJECT: Proposed Annex B to DCID 1/14: Appeals Procedures
b. There is no conflict between the proposed
procedure's language on providing an individual with
the "basis for denial or revocation" and the OSD
proposal to provide "specific reasons" for denial.
An agency may elect to satisfy the requirement by
?providing the specifics of the case without trans-
gressing either the word or intent of the provision.
c. There is considerable concern about the OSD
proposal to inform individuals of intent to revoke their
accesses prior to doing so; and allowing them to retain
access pending completion of the appeals process. Col-
lateral clearance actions are handled this way but not
SCI access determinations. To do so for SCI would not
appear to be a prudent action consistent with protection
of our most sensitive intelligence sources and methods.
Nor would it appear needed to satisfy either a legal or
a moral need. We strongly urge that this part of the
OSD proposal not be favored.
d. In connection with the personal appearance
issue, we support the opinion of the DCI's General
Counsel and Treasury's NFIC representative that we
should include such a provision to avoid risking,
possibly in short order, a mandate by the courts to
do so in a manner that might be difficult for us.
However, this issue is not as critical as the advance
notice of intent, and could be excised in the interes
of Community consensus on a calculated risk basis.
4. Current Status: Several departments and agencies are
experiencing an increase in the number of appeals of SCI access
revocations. They see a need to formalize their own appeals
procedures or adopt one offered by the DCI. They are aware of
the proposal at hand. The majority of the Community SIOs appear
willing to incorporate the proposed Annex B in their departmental
regulations or to operate in accordance with it. They await a
DCI decision. We advocate the issuance of a common appeals
procedure as Annex B to DCID 1/14 with or without the option
for a personal appearance. The text of the proposed annex,
including the personal appearance language, is attached to the
draft memorandum for your signature.
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SUBJECT: Proposed Annex B to DCID 1/14: Appeals Procedures
5. Recommendation: That you sign the attached memorandum
to NFIB approving the appeals procedures and authorizing their
issuance as Annex B to DCID 1/14:
Alternative 1: as written, with the personal
appearance option.
Alternative.2: provided the personal appearance
option is deleted.
Attachments
APPROVED: Alternative 1
Acting Director of Central Intelligence Date
APPROVED: Alternative 2
Acting Director of Central Intelligence Date
STAT
Declassified in Part - Sanitized Copy Approved for Release 2013/01/14: CIA-RDP96M01138R000900010010-9
Declassified in Part - Sanitized Copy Approved for Release 2013/01/14: CIA-RDP96M01138R000900010010-9
Declassified in Part - Sanitized Copy Approved for Release 2013/01/14: CIA-RDP96M01138R000900010010-9
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