USIB-D-17.1/23 AND RELEASE OF INTELLIGENCE TO FOREIGN GOVERNMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00097R000600030007-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Document Release Date: September 12, 2005
• Sequence Number: 7
• Publication Date: October 21, 1971
• Content Type: NOTES

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95
USIB -D-17.1 /23
15 June 1967
UNITED STATES INTELLIGENCE BOAR D
MEMORANDUM FOR THE UNITED STATES INTELLIGENCE BOARD
SUBJECT
Responsibility for Determining Policy for
Release of Intelligence to Foreign Governments
REFERENCES
a.
b.
USIB -M-442, item 6, 28 Ju:Ly 1966
USIB -M -436, item 5, 9 June 1966
c.
USIB -D-17. 1/22, 25 May 1966
1, The attached memorandum on the subject from the Director of
Central Intelligence is circulated herewith to inform the Board in
paragraphs five and six of the actions he proposes to take regarding this
matter.
2. Mr. Helms plans to discuss this subject with the Board at an
early meeting. Accordingly, the attachment will be scheduled on a
forthcoming agenda for Board discussion.
Z Executive Sec et ry
Attachment
As a result of discussion at
the pre-USIB meeting on
5 July, Mr. Helms concluded
this item should be removed
from the agenda for an
indefinite period of time.
Background material filed in "Releases
44
Excluded from automatic
downgrading and
declassification
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S E C R E T
THE DIRECTOR OF CENTRAL INTELLIGENCE
WASHINGTON, D.C. 20505
Atta.chrnent
USIB-D-17. 1/23
14 June 1967
MEMORANDUM FOR THE UNITED STATES INTELLIGENCE BOARD
SUBJECT: Responsibility for Determining Policy for Release
of Intelligence to Foreign Governments
1. At the present moment, there are several points of
authority within the government regarding policy for the release of
intelligence to foreign governments:
a. Under NSCID-1, the DCI is "authorized to
disseminate national intelligence and interdepartmental
intelligence produced within the U. S. Intelligence Board
structure on a strictly controlled basis to foreign govern-
ments and international bodies upon his determination,
with the concurrence of the U. S. Intelligence Board, that
such action would substantially promote the security of the
United States. . . Departmental intelligence and interdepart-
mental intelligence produced outside the U. S. Intelligence
Board subcommittee structure may be disseminated in
accordance with existing statutes and Presidential policy,
including that reflected in international agreements. "
b. "Basic Policy Governing the Disclosure of
Classified Military Information to Foreign Governments, "
approved by the President on February 27, 1946 assigns
to the Secretaries of State, War, and Navy authority to deter-
mine release of classified military information. Military
intelligence is specifically included as a category of military
information. As the instrument of the Secretaries of State
and Defense in carrying out their responsibilities under this
policy statement, there has been in existence since 1946,
under various titles and organizational arrangements, an
interagency committee which today is called National
Military Information Disclosure Policy Committee (NDPC)
with membership representing State, Defense, AEC, the
DCI and the three military services.
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c. The 1946 directive was reaffirmed and supple-
mented in 1958 by a further Presidential directive entitled
"Basic Policy Concerning the Release of Classified Defense
Information to Foreign Governments. " This 1958 directive
extends authority to each department or agency to release
to foreign governments non-military classified information
originating in that department or agency, subject to certain
determinations and safeguards.
d. Under NSCID-6, COMINT and ELINT arrange-
ments with foreign governments are conducted in accordance
with the policies established by USIB, with the DCI and
Director, NSA acting as executive agents.
e. Release of TKH information is controlled by the
2. The dispersion and overlapping of authority and responsi-
bility outlined above have caused problems in the past, and threaten
further problems in the immediate future. The USIB, for example,
has reviewed the release of all types of intelligence (including
military intelli ence )
Strictly speaking, however, USIB's writ extends only to national and
interdepartmental intelligence, and to SIGINT, and there is some doubt
that its views in regard to other types of intelligence would, in fact,
be complied with in all instances. Continual difficulties arise over
the scope of the "military intelligence" for which NDPC is responsible.
Attempts have been made to include within its scope such subjects
as counterintelligence and intelligence on foreign nuclear activities.
3. The most significant overlap of authority and responsibility
is that involving the NDPC. In the summer of 1966 when a new charter
for this committee was in preparation, an effort was made to have
military intelligence removed from the jurisdiction of the committee.
At that time, USIB gave consideration to the problem (USIB-M-436,
item 5, and USIB-M-442, item 6). The effort to get NDPC out of the
intelligence business was not successful, owing in large part to the
existence of the 1946 Presidential directive mentioned in paragraph
1. b. , above. Release of military intelligence constitutes less than 3%
of the business of the NDPC, which is primarily concerned with the
release of classified information concerning U. S. military technology,
weapons, equipment, doctrine, etc.
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S E C R E T
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4. Experience has now made it clear, however, that the
provisions of the 1946 Presidential directive, under which NDPC
exercises jurisdiction over release of military intelligence, conflict
with the responsibilities of the DCI and USIB under N'SCID-1, and
affect the fulfillment of the DCI's statutory responsibilities for the
protection of intelligence sources and methods. I believe the time
has come to take the necessary action to remove military intelligence
from the jurisdiction of NDPC, and unequivocally to assign responsi-
bility for developing policies and procedures for the release of
foreign intelligence in toto to the DCI, with the advice and concurrence
of USIB. Such action, if it took the form of an NSAM, would supersede
the 1946 Presidential directive. It would enable centralized, coherent,
uniform direction and guidance to be provided for the release of all
forms of foreign intelligence--national, departmental, military,
counterintelligence, SIGINT and TKH.
5. I intend, therefore, to raise this matter with the Senior
Interdepartmental Group and to recommend the issuance of an NSAM
which would amend the Presidential directives of 1946 and 1958 by
assigning to the DCI, with the advice and concurrence of USIB,
responsibility for determining policies and procedures for the release
of -all foreign intelligence to foreign governments and international
organizations.
6. If such an NSAM were issued, I would propose that the
Board establish a standing committee to develop and recommend
policies and procedures and to examine and make recommendations
on problems as they arise, concerning the release of intelligence
and intelligence exchanges with foreign governments and international
organizations.
S E C R E T
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