POSITION PAPER ON (Sanitized)PROPOSAL RE: THIRD AGENCY RULE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800020015-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: March 6, 2000
• Sequence Number: 15
• Publication Date: April 8, 1975
• Content Type: PAPER

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8 April 1975
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MEMORANDUM FOR: Deputy Director of Security for Policy and Management
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SUBJECT . Position Paper o Proposal re:
Third Agency Rule
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1. The proposal b in paragraph 7 of attachment
A, concerning "truly sensitive matters" fulfills exactly the intent
of the Third Agency Rule".
2. When Executive Order 11652 became operative, a directive was
issued on 17 May 1972 entitled "National Security Council Directive
Governing the Classification, Downgrading, Declassification and Safe-
guarding of National Security Information". This directive, in section
VI, paragraph D entitled Consent of Originating Department to Dissemina-
tion by Recipient, states:
"Except as otherwise provided by Section 102
of the National Security Act of 1947, 61 Stat. 495,
50 USC 403, classified information or material
originating in one Department shall not be dissemina-
ted outside any other Department to which it has
been made available without the consent of the
originating Department."
3. The portion of the proposal which seeks the originating Agency
or Department approval prior to release complies with the National
Securit Council Directive admirably. Concern comes with that portion
o proposal which states, "Where the reference concerns a
Third Agency indirectly or is not considered sensitive and does not pose
policy concerns, the agency concerned may forward the material to the
requesting Select Committee without an item-by-item, mention-by-mention
clearance with Third Agencies." He then goes on to suggest that originating
1. Emphasis provided by writer
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Departments be advised of the release of their information subsequent
to the act.
4. The difficulty with the second portion of the proposal is
that generally speaking no agency which is the recipient of another
agency's information is in a position to judge the source, sensitivity
or relationship to policy concerning the information in question. It
would seem that some rather serious mistakes in judgment could be
made in releasing information and advising the originator in an
after-the-fact situation.
5. It is recommended that to assist the Select Committees, all
Agencies and Departments attempt to determine whether they can release
Third Agency information rather than refer the committee to the
originating Agency. By referral we may appear to these Committees
to be obstructionists whereas by determining ourselves whether informa-
tion can be released we will speed the process that provides the
cannittees with the information. It is further recommended that
judgment of material not be made by anyone but the originator for
reasons set forth in paragraph 4.
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