DCI/DDCI MEETING WITH JUDGE CLARK, 28 JULY 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01013R000100040023-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 22, 2016
• Document Release Date: November 6, 2008
• Sequence Number: 23
• Publication Date: July 26, 1982
• Content Type: MEMO

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I DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
SECOM-D-253
.26 July 1982
MEMORANDUM FOR:
SA/IA
Office of the Director
Chairman
SUBJECT: DCI/DDCI Meeting with Judge Clark,
28 July 1982
! Ex_.,' two I4eguu7 i.
1. I suggest the following item be raised by Mr. Casey or Mr. McMahon
during their meeting with Judge Clark scheduled for Wednesday, 28 July:
"What action may be expected, and when, on the draft National
Security Decision Directive on protection of classified information
submitted in response to NSDD-19 by the interdepartmental group
chaired by the Department of Justice."
A copy of the NSC Staff Secretary's 29 April 1982 memorandum circulating that
draft for comment is attached.
2. The Security Committee needs to know the Administration's reaction to
this draft NSDD in order to develop security procedures applicable to
unauthorized disclosures of intelligence. The draft NSOD is keyed to the
Attachment:
a/s
L- /I7
N sbb - /7
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NATIONAL SECURITY COUNCIL
WASHINGTON. G.C. 20506
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE -
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
JTHE DIRECTOR OF CENTRAL INTELLIGENCE
THE 'UNITED STATES REPRESENTATIVE TO THE UNITED NATIONS
THE UNITED STATES TRADE REPRESENTATIVE
THE CHAIRMAN, JOINT CHIEFS OF STAFF
THE CHAIRMAN, NUCLEAR REGULATORY COMMISSION
THE DIRECTOR, ARMS CONTROL AND DISARMAMENT AGENCY
THE DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY
THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION
THE ADMINISTRATOR, NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
THE DIRECTOR, FEDERAL BUREAU OF INVESTIGATION
THE DIRECTOR, FEDERAL EMERGENCY MANAGEMENT AGENCY
THE DIRECTOR, INFORMATION SECURITY OVERSIGHT OFFICE
SUBJECT: Protection of Classified Information
In response to NSDD-19, an interdepartmental group chaired by
.the Department of Justice has forwarded for consideration a
draft National Security Decision Directive (Tab A). The actions
it proposes are designed to help deter unauthorized disclosures
of classified information.
Please provide formal agency comments on the draft NSDD no later
than Friday, May 14.
"f\eC.Q~
Michael O. wheeler
Staff Secretary
Attachment
Proposed NSDD
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DRAFT NATIONAL SECURITY DECISION DIRECTIVE
1. Each agency of the Executive Branch that originates or
stores classified information shall adopt internal procedures to
safeguard against. unauthorized disclosures of classified informa-
tion. Such procedures shall at a minimum provide as follows:
a. All persons with authorized access to classified
information shall be required to sign a nondisclosure
agreement as a'condition of access. All such agreements
must be in a form determined by the Department of
Justice to be enforceable in a civil action brought by
the United States. This requirement may be implemented
prospectively by agencies for which the administrative
burden of compliance would otherwise be excessive.
b. All persons with authorized access to Sensitive
Compartmented Information (SCI) shall be required to
sign a nondisclosure agreement as a condition of access
to SCI and collateral classified information. All such
? agreements must include a provision for prepublication
review to assure deletion of SCI and collateral
classified information and, in addition, must be in a
form determined by the Department of Justice to be
enforceable in a civil action brought by the United
States.
c. Appropriate policies shall be adopted to govern
contacts between media representatives and agency
officials, so as to reduce the opportunity for negligent
or deliberate disclosures of. classified information.
''P..ll persons with authorized access to classified
information shall be clearly apprised of the agency?s
policies in this regard.
2. Each agency of the Executive Branch that originates or
stores classified information shall adopt internal procedures to
govern the reporting and investigation of unauthorized disclosures
of such information. Such procedures shall at a minimum provide
that:
a. All such disclosures that the agency considers to be
seriously damaging to its mission and responsibilities
shall be evaluated to ascertain the nature of the
information disclosed and the extent to which it had
been disseminated.
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b. The agency shall conduct a preliminary internal
investigation prior to or concurrently with seeking
investigative assistance from other agencies.
c. The agency shall maintain records of disclosures so
evaluated and investigated.
d. Agencies in the possession of classified information
originating with another agency shall cooperate with the
originating agency by conducting internal investigations
of the unauthorized disclosure of such information.
e. Employees determined by the agency to have refused
cooperation with investigations of such unauthorized
disclosures or to have made such disclosures will be
denied further access to classified information and
subjected to other administrative sanctions as
appropriate.
3. The Department of Justice shall continue to review
reported unauthorized disclosures of classified information to
determine whether FBI investigation is warranted. Interested
departments and agencies shall be consulted in developing criteria
for evaluating such matters and in determining which cases should
receive investigative priority. The FBI is authorized to
investigate such matters as constitute potential violations of
federal criminal law, even though administrative sanctions may be
sought instead of criminal prosecution.
4. Nothing is this directive is intended to modify or
preclude interagency agreements between FBI and other criminal
investigative agencies regarding their responsibility for
conducting investigations within their own agencies or
departments.
5. The Office of Personnel Management and all departments
and agencies with employees having access to classified
information are directed to revise existing regulations and
policies, as necessary, so that employees may be required to
submit to polygraph examinations, when appropriate, in the course
of investigations of unauthorized disclosures of classified
information. As a minimum, such regulations shall permit an
agency to decide that appropriate adverse consequences will follow
an employee's refusal to cooperate with a polygraph examination
that is limited in scope to the circumstances of the unauthorized
disclosure under investigation. Agency regulations may provide
that only the head of the agency, or his delegate, is empowered to
order an employee to submit-to a polygraph examination. Results
of polygraph examinations should not be relied upon to the
exclusion of other information obtained during investigations.
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6. The Attorney General, in consultation with the Director,
Office of Personnel Management, is requested to establish an
interdepartmental group to study the federal personnel security
program and recommend appropriate revisions in existing Executive
orders, regulations and guidelines.
7. The Assistant to the President:for National Security
Affairs will monitor the development of agency regulations that
implement this Directive and will supervise its implementation
within the white House Office.
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