SCI DENIALS WORKING GROUP-PROGRESS REPORT ON DEVELOPMENT OF APPEAL PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000100050006-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: August 11, 2005
• Sequence Number: 6
• Publication Date: October 25, 1978
• Content Type: MF

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2S October 1978
MEMORANDUM FOR: Robert W. Gambino
Chairman, Security Committee
Executive Secretary
Security Committee
STAT
Staff, Security Committee
SUBJECT: SCI Denials Working Group - Progress
Report on Development of Appeal Procedures
1. Since the last SECOM meeting, a total of four
meetings have been held by the SCI Denials Working Group
in an attempt to come up with a uniform streamlined appeals
procedure consistent with'your guidance. Two of these four
meetings were attended by the DoD members only. On or
about 19 October 1978, all of the DoD members approved a
procedure which is identified as Annex B which is attached..
Even the NSA member approved this draft and took the
position that his principals probably would not agree
to same.
STAT
2. On 25 October 1978,1 attended a STAT
meeting of the SCI Denials 'Nor king Group. Prior to the
meeting, it was believed that, with the exception of the STAT
CIA member, all other agency representatives would agree
to the procedure as identified as Annex B. stated
that the Annex B procedures did not go far enough and did not
provide for either DCI overview or contain a final appeal
with the DCI for all SCI denials. During the meeting, it
was made clear tol that all of the membership
objected to this approach and would so advise their principals.
recommending that he concur in the formulation of an appeals
procedure which would provide for DCI overview. was STAT
requested to provide the Working Group with a copyyo his
memorandum; he reserved the right not to do so.
advised that he planned to prepare a memorandum
to the DCI setting forth the various options available and
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3. It should be further noted that in addition to
the foregoing, the NSA member advised that the NSA SECOM
member was planning to formally non-concur in the attached
draft, inasmuch as he takes the position that there is
no legal requirement for same. The FBI representative
concurred in the latter opinion but stated that STAT
would go along with a uniform procedure such as set forth
in the proposed Annex B subject to some editorial changes,
which would include privacy act considerations, and further
with a proviso that there would be no automatic requirement
to notify all SCI disapprovals of the right of appeal, and
that such notification procedures be limited only to those
individuals that inquire about same. In addition thereto
the CIA representative advised that CIA could not concur STAT
with the draft in view of unresolved problems relating to
the implementation of same insofar as our black contract'
procedures are concerned. It is submitted that
proposal to communicate directly to the DCI on this matter
represents an unnecessary, unsolicited interference with
the activities of this office.
4. It is therefore recommended that the Chairman should
personally discuss this matter with the General Counsel and
convince him that the SECOM Working Group should be permitted
to complete a recommended procedure which would be then staffed
through the SECOM, and coordinated. with the legal staffs
concerned.
S. No further action will be taken by the Working Group
pending advice from you.
STAT
Attachment:
Annex B
Distribution:
Original - Addressee
1 - SECOM/subject
1 - SECOM/chrono
SECOM/ 26 October 1978
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