REVISION OF THE NATIONAL RELEASE AND DISCLOSURE POLICY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000200040024-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: April 9, 2004
• Sequence Number: 24
• Publication Date: September 8, 1980
• Content Type: MF

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DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
8 September 1980
MEMORANDUM FOR: Collection Requirement and Evaluation Staff, NFAC
STATINTL ATTENTION:
STATINTL FROM:
SUBJECT:
Executive Secretary
Revision of the National Release and Disclosure
Policy
REFERENCE: Memorandum for DCI from Deputy Secretary of
Defense, dated 27 August 1980, Same Subject
1. This is for your consideration in preparing a DCl
reply to the referenced Deputy Secretary's memorandum.
2. There are areas of possible confusion in both the
Working Group Report and in the Deputy Secretary's memorandum
resulting from questions about the scope of consideration of
the enterprise. The questions relate to the definition of
terms that appear to be used, with great precision in some
sections of the Working Grout; Report and interchangeably in
other sections with terms that are neither standard nor
identified for restricted use.
e:-. in his first paragraph, the Chairman
of the Working Group states that the task was
directed toward consideration of the implications
of promulgating a broader NDP, applicable to the
release of classified information by all departments
Of the Executive Branch.
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b. State's objection narrowed the scope in
State's eyes to technical military information and
sensitive compartmented information (SCI). (Para 2
c. The Working Group then "limited its inquiry
to the policies and procedures related to the release
of classified military information and intelligence.,,
(Para 3 of the Report.)
d. In. the fourth paragraph of the Report, the
Chairman says that the current NDP governs the release
of classified military information and defines it as
"that information under the jurisdiction of, or of
primary interest to the Department of Defense or its
departments or agencies." The NDP also defines CMI
(classified Military Information) as including
noncompartmented military intelligence.
e. On page 2 second paragraph, the definition of
what is not covered by the NDP is given as "-...g. copart-
merited information and national intelligence.
F. In paragraph 3 of the second page of the Report
it is noted that the Working Group is concerned that
there is no uniform policy in the Intelligence Community
which governs the release of all classified intelligence
information.
g. In paragraph 4 of the second page of the
Report it is noted that the DCI representatives hold
that E.O. 12036 makes the DCI responsible for all
intelligence foreign disclosure policy.
h. On page 3 paragraph 2,in its objection to
this perception, it is given that OSD representatives
contend that E.O. 12036 authorized the SecDef to
collect and disseminate intelligence to foreign govern-
ments in carrying out the responsf ilities of his
department and a special responsibility for the release
of SIGINT to foreign governments. This section of the
Report also notes that DoD's rejection of the idea of
removing noncom a_rtmented military intelligence from
the scope of the NDP-is pre mised an recognition of a
need for disseminating collateral intelligence which
relates to military matters of mutua~ concern to
Toreign_ counterparts
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3. The following terms, extracted from above and the
Report, are thus never clearly and exclusively defined in the
Report:
"classified information"
"technical military information"
"sensitive compartmented information"
"classified. military information and intelligence"
"noncompartmented military intelligence"
"all classified intelligence information"
"all intelligence"
"collateral intelligence which relates to
military matters of mutual concern to foreign
counterparts"
While use over the years may have set unwritten parameters for
these terms, they are neither definitive nor objective in
the context of this report.
4. Other sources of definition were examined. and found
wanting because of possible challenge to impartiality or
authority. This includes the definition of CMI as that
information " under the jurisdiction of" - since this implies
that possession is the controlling factor; or "of primary
interest to the Department of Defense or its departments or
agencies" - since this is open to debate as to the "primary
interest." The NFIB Glossary (NFIB 24.1/18 dated June 15,
1978) was set aside as not impartial.
5. The authorities selected are Executive Orders 12036
and 12065.
a. E.O. 12065 section 6-102 states that "classified
information means information or material, herein
collectively termed information, that is owned by,
produced for or by, or under the control of, the
United States Government, and that has been determined
pursuant to this Order or prior Orders, to require
protection against unauthorized disclosure, and that is
so designated."
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b. E.Q. 12036 section 4-206 states that
"Intelligence means foreign intelligence and counter-
intelligence.''
c. E.O. 12036 section 4-205 states that "Foreign
Intelligence means information relating to the capabilities,
intentions and activities of foreign powers, organizations
or persons, but not including counterintelligence except
for information on international terrorist activities.
6. No specific definition for the other terms were located
in E.O. 12036 or 12065, but there is an approximation that
may be considered.
"Sensitive Compartmented Information" or "SCI"
is a term derived from authorities of E.O. 12065
section 4-2, Special Access Programs, which states
in part:
"Agency heads listed in Section 1-201 may
create special access programs to control access,
distribution and protection of particularly
sensitive information classified pursuant to this
Order or prior Orders. Such programs may be
created or continued ... for matters pertaining
to intelligence sources and methods, by the
Director of Central Intelligence."
7. The Report raises by implication the question whether
there is a difference between "intelligence" and "military
intelligence." Both E.O. 12036 and E.O. 12065 are silent on
this point. E.O. 12036 implies that there may be some
differences; see sections 1-1111 and 4-210(e). Section 4-210
of E.O. 12036 defines the National Foreign Intelligence
Program as including CIA programs as well as a number of
programs conducted by the Department of Defense.
8. It appears reasonable therefore to accept definitions
which provide for a distinction between:
Intelligence "which means foreign intelligence
and counterintelligence" and Intelligence "required
for the planning and conduct of tactical operations
by U.S. military forces."
It is also reasonable to presume that there is an interface
between Foreign Intelligence and Tactical Intelligence. The
definition of or scope of that interface is not resolvable
by reference to Executive Orders 12036 or 12065.
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9. However, this should be done in the light of authorities
for foreign intelligence matters as sot forth in E.O. 12036
sections:
1-401 "The National Foreign Intelligence Board
shall advise the DCI concerning... arrange-
ments with foreign governments on intelligence
matters...."
1-601(g) "The DCI shall formulate policies concerning
intelligence arrangements with foreign
governments, and coordinate intelligence
relationships between agencies of the
Intelligence Community and the intelligence
or internal security services of foreign
governments."
1-601(1) "The DCI shall ensure the establishment by
the Intelligence Community of common
security and access standards for managing
and handling foreign intelligence systems,
information and products."
1-603 "The Director of. Central Intelligence shall
have full responsibility for production
and dissemination of national foreign
intelligence....
1-604 "The Director of Central Intelligence shall
ensure that programs are developed which-
protect intelligence sources, methods and
aaialyt.ic procedures provided that this
responsibility shall be limited within
the United States to... providing policy
guidance and technical assistance to
departments and agencies regarding
protection of intelligence information,
:incluc[ing- inormatzon that may reveal.
intelligence sources and methods.'"
[The senior officials of each of the
agencies within the Intelligence Community
shall] "protect intelligence and intelligence
sources and methods consistent with guidance
from the Director of Central Intelligence
and the NSC" and shall
1-711 "Disseminate intelligence to cooperating
foreign governments under arrangements
established or agreed to by the Director
of Central Intelligence."
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10. The NDP Report mentions that OSD representatives
contend that E.O. 12036 authorizes the Secretary of Defense
to collect and disseminate intelligence to foreign governments
in carrying out the responsibilities of his department. This
is not exact, and in view of the potential confusion over
definitions of terms, the wording of E.O. 12036 Section 1-1102
is noted. It tasks the Secretary of Defense to:
"Collect, produce and disseminate foreign military
and military related intelligence information, including
scientific, technical, political, geographic and economic
information as required for execution of the Secretary's
responsibilities."
Section 1-1111 tasks the Secretary of Defense,
together with the DCI, to ensure that there is no
unnecessary overlap between foreign Intelligence
programs and. Department of Defense intelligence programs
and provide the DCI all information necessary for this
purpose.
These two sections of E.O. 12036 clearly provide
that the SecDef's unilateral intelligence activities
are limited to foreign military and military related
intelligence information. Neither section specifies
that dissemination is to foreign governments. The
interpretation given in the Report would be contrary to
a logical assumption that dissemination would be to
U.S. elements.
11. E.O. 12036 also addresses authorizations for the
Secretary of Defense to utilize certain Defense components in
carrying out his responsibilities under the Order. These
include the foreign intelligence and counterintelligence elements
of the military services. Section 1-1204 provides that these
elements' responsibilities include:
"Collection, production and dissemination of
military and military related foreign intelligence..,"
[but] "when collection is conducted in response to
national foreign intelligence requirements, it will be
tasked by the NITC...."
12. The Secretary of Defense is also authorized to use
the Defense Intelligence Agency whose responsibilities, as
provided in E.O. 12036, include:
1-1201(a) Production or provision of military and
military related intelligence for the
SecDef, the JCS, other Defense components
and as appropriate, non-Defense agencies.
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1-1201(b) Provision of military intelligence for
national foreign intelligence products.
13. There is no specific provision in E.U. 12036 authorizing
the Secretary of Defense to disseminate military intelligence
or military related intelligence to foreign governments.
14. Staff Position: Based on a review of extent E.O.s
is the oppinion-o -this writer:
o That there is an identifiable distinction
between military intelligence and national foreign
intelligence.
o That national foreign intelligence may be
defined as that intelligence resulting from tasking
by the National Intelligence Tasking Center or funded
by the National Foreign Intelligence Program.
o That the DCI has unequivocal responsibility for
production and dissemination (including dissemination
to foreign governments and international. organizations)
of national. foreign intelligence.
o That the DCI has the responsibility to ensure
the establishment by the Intelligence Community of
common security and access standards for managing and
handling foreign intelligence systems information and
products.
t' That the DCI has the responsibility to be
responsive to Community members requests for policy
guidance concerning intelligence arrangements with
foreign governments including dissemination of
national foreign intelligence.
o That the DoD has unilateral authority and
control, commensurate with responsibilities for
protection, over military intelligence and military
intelligence related information including the right
to provide such information to foreign military
counterparts.
o `t'hat this authority does not extend to national
foreign intelligence produced under tasking of the NITC
and funded in the NFIP Budget.
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15. Recommendations: It is recommended that you
advise the DCI to:
- favorably consider the request of the
Deputy Secretary of Defense;
- redefine the concept of national foreign
intelligence in terms of NITC and NFIP budget
issues;
- strive for the development of standards and
procedures governing the release to foreign govern-
ments of the newly defined national foreign intelligence;
and
- consider the establishment of a central registry
where disclosures of national foreign intelligence to
foreign governments may be recorded.
STATINTL
Distribution:
Orig - Addressee
1 - OS Registry
1 - SECOM Chrono
1 - SECOM Subject
STATINTL SECOM/
:fh (9/5/80)
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