DEVELOPMENTS UNDER NSSM-229

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91M00696R000300040001-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: October 5, 2004
• Sequence Number: 1
• Publication Date: May 12, 1976
• Content Type: MF

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OGC 76-2484
12 May 1976
MEMORANDUM FOR: Agency NSSM-229 Members
SUBJECT : Developments Under NSSM-229
1. The Jeanne Davis subgroup under NSSM-229 has been meeting once
a week for the last several weeks, addressing itself to various proposed
changes in language which have been offered by one or more departments
represented on the group. A number of changes have been addressed and
rejected and (I believe) no changes in language have been adopted concerning
the sections thus far considered. These are sections 1, 2, 3, 4, 5A and B.
Some changes have been tentatively adopted and I will get copies when available
for internal CIA consideration.
2. The group has accepted the CIA proposals that subsection 5(B)(4)
of the Order is too narrow and CIA has been invited to propose substitute
language. I am considering submitting the language attached at TAB A which
I think is an improvement in that the existing language apparently would
protect only against disclosure where "immediate" jeopardy would result and
where it seems certain that there would be jeopardy. Additionally the current
language is not clear in that it refers only to jeopardy to life. The proposed
substitute language however might be criticized as too broad.
3. The Davis group is proceeding with some speed now and I believe
in the not distant future will have reviewed the entire Order and the
implementing NSC Directive. In my memorandum of 18 February (TAB B),
I indicated a number of problem areas but we have not pressed for major
changes or indeed any changes other than the above proposed change in
5 (B) (4). I think Directorate representatives and their principals should
address the Order and Directive in terms not only of the specifics of sections
and paragraphs but the impact of the Order as a whole. After the NSSM-229
review is completed and the Order revised, I think the Agency will not be
able to defend any of our actions or inactions on the basis that the Order
requires more manpower or money than is available or that the Order imposes
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unreasonable administrative burdens or for any other reason. I suggest that
each Directorate and component representative on the Agency NSSM-229 group
examine each of the many requirements in the Exe tive Order and the NSC
Directive, all of which, I believe, are spelled out and conclude 25X1
that each requirement is worthwhile and workable or propose deletion or
modification.
4. At TAB C is a Memorandum for the Record of 26 April in which I
indicate several possible problem areas.
5. I will attempt again in the near future to convene a meeting of the
NSSM-229 group to report further on progress of the interagency group (Davis)
and to discuss these and related problems.
25X1
Associate General Counsel
Chief, General Law Division
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w
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 TAB A
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(4) Classified information or material the disclosure of which reasonably
could be expected to place a person's life, liberty or property in potential
jeopardy.
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