SECURITY CLASSIFICATION PROCEDURES: DRAFT REVISION OF EXECUTIVE ORDER 10501---NSSM 113

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-01022R000100040032-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: August 16, 2000
• Sequence Number: 32
• Publication Date: January 17, 1972
• Content Type: MF

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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."
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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
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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.
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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
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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."
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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
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