Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 16, 2000
Sequence Number: 
Case Number: 
Publication Date: 
January 17, 1972
Content Type: 
PDF icon CIA-RDP83-01022R000100040032-5.pdf284.98 KB
Approved For_,elease 2001/04/05: CIA-RDP831022R000100040032-5 MEMORANDUM FOR: Mrs. Jeanne W. Davis Staff Secretary National Security Counc SUBJECT Security Classification Procedures Draft Revision of Executive Order i O541- -NSSM 113 nal draft of a proposed revision of Executive Order 10541 forwarded by your covering memorandum of 11 January 1972 has been reviewed. The following comments are submitted a1 The Order could be shortened by deleting the list of 39 departments and agencies in Section 2(c), pages 4A and excepting only ACTION and the Tennessee Valley Authority. Assuming that the heads of ACTION and the Tennessee Valley Authority are meant to possess authority for classification of "Confidential" only, Section 2(f)Z would be deleted and Section Z (f)(3) would be changed to read "officials designated in writing by a superior in the same vertical chain of command or supervision who has 'Top Secret' Secret' classification authority." Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 Approved For Release 2001/04/05: CIA-RDP83 01022R000100040032-5 Section 2(h). Pages 6 and 7, is workable witht Central Intelligence Agency in that its provisions would violate the 'need-to.-know'I principle and the statutory responsibility of the Director of Central intelligence to protect intelligence sources and methods. Individuals who have a "need-to-know" for the contents of intelligence me do not have the same "need-to-know" for the Ja Cev identity ofCentrai Intelligence Agency employees, particularly those engaged in opera considerable abroad. A ion of CIA produced data is originally classified overseas. recommended that this section be deleted or that documents containing intelligence information be exempted. t sentence of Section 2(i), page 8, u . If it is meant to protect information which opinion of a contractor should be classified, it would appear that Section 14, page 59, would apply and this sentence would then be redundant. We have no particular preference between Alternative I and Alternative II of Section 4(a), pages 13-18. In either 2 Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 Approved For R ease 2001/04/05: CIA-RDP83-04022R000100040032-5 case, sensitive intelligence and information relating to intelligence sourc and. methods would be protected under ,special Categories" provisions contained in Section 4(b)(1). adoption of Alternative II, P&; The qualifying adjective ary because the world a need for protection. Alternat' ecommendetd in Alternative I is considered sitive.'4 itself establishes is already included in on 4('h)(l)k(it) and need not be repeated. ice both Alternatives I and Ii. of Section 4(b)(l)c( relate so policy, we defer Department of State. er Alternative TI of Section 4(b)( recommended that Section 4(b)(4) be amended to read as follows "All, Information and material classified ra Section 4(b)(I)c of this Order shall be reviewed declassification after 30 years from the date of its al Iles sification if it has not earlier been declas eified. , This change is necessary to. protect those persons, systems, plans, and projects which. require protection even after 30 years. Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 Approved For Release 2001/04/05: CIA-RDP83-OIL 2R000100040032-5 Inc* the proposed Executive Order will rescind Executive Order 10964, it is suggested that subparagraph Section 4(t)(1 6, be deleted. To protect information and material which relates to intelligence sources and methods, we most strongly urge App following subparagraph be added to the "Retroactive section of the Executive order on page 28r ption specified in Section 4(b)(1), 4(b)(i) and 4(b (I)k shall apply to information or material pertaining to intelligence sources and thods or that containing sensitive intelligence which was classified under the provisions of previous Executive Orders. ' To avoid misinterpretation, it is suggested t ntence of Section 5(k)(3), page 35, read as follows "F`ailur'e to comply with the foregoing could result in the ition of a fine and/or imprisonment and, in addition, in the case of government personnel, dismissal or other disciplinary action, " We prefer Alternative I of Section 8(b), page 46, since the publication of Alternative II would cast official Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 doubt on the effectiveness of the President's anti-hijacking program In any case, heads of departments and agencies such travel if and when they dee Alternative III of Section 10(d), is preferred because the committee would consist of a smaller and sable group. However, the responsibility e committee as set forth in Alternative I appears to be caustic than in the other alternatives. We have no choice as to whether the chairman of the committee be a rx ember of the executive branch or the President's staff. it is noted that Section I I in missing from th Section I5A on page 60, together with Section 16, raise a special problem. The revocation of Executive Order 10501 should not serve to free any violator of It from the as now provided, which are sirx filar to those proposed by Section I SA. if this new Order will not bear the number 18501, subsection 15A should be modified by insertin line following the words "authorised by this Order" the or by Executive Order 10501." Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5 Section 15B is obviously in error and: not intended to rt of the Executive Order. of the preamble the word "Invested" should be "vested. In fiction 1(b), line 3, page ZA, between the words 'bn?' and "important" there should be added the word "Jeopardizing" or the word "endangering. ti e advise if we can be of any further assistance in .am E. Colby Executive Director-Comptroller Approved For Release 2001/04/05: CIA-RDP83-01022R000100040032-5