COMMENTS ON 2 AUGUST 1977 DRAFT OF EO ON NATIONAL SECURITY INFORMATION AND MATERIAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00171R002300040006-3
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 15, 2016
• Document Release Date: February 17, 2004
• Sequence Number: 6
• Publication Date: August 8, 1977
• Content Type: MF

UNCLASSIFIED
Approved For Release 2004/04/19 : CIA-RDP83M00l71 R002300040006-3
8 August 1977
I I
Security Committee
SUBJECT: Comments on 2 August 1977 Draft of EO on
National Security Information and Material
Page 2, Section 1 (d). In the second line change its identity is to
its identity or technological capabilities are.
In the third line delete the last word significantly. This is
an undue constraint on the need to protect intelligence sources
and methods, the long term effectiveness and productivity of
which is often difficult to assess.
Page 3, Section 1 (e). In the third line delete the word significantly
for the reason given above.
Page 3, Section 1 (f) (3). In the third line delete the word significant.
The inclusion of this word represents a noteworthly and undesirable
modification to the present guideline for the Confidential classification.
Literal adherence to this stipulation would for all practical purposes
serve to elevate CONFIDENTIAL to the same level as the SECRET
classification because dictionary definitions for serious (which is the
constraining adjective for the damage to the national security for the
SECRET classification) and for significant both equate to important.
Therefore, logically there would be no rationale for the retention of
the significant criterion in the CONFIDENTIAL classification--or of
the CONFIDENTIAL classification per se. Since that was not the
purpose of the drafters, and since there is a clear need for a
classification level below SECRET in the Intelligence Community,
recommend the deletion of the word significant.
Approved For Release 2004/4a ASl 83M00171 R002300040006-3
 Approved For Release 2004/04/19 : CIA-RDP83M00l71 R002300040006-3
Page 3, Section 2 (a) (2). In the second line delete the words at least
significant. This deletion is required as a sequel to the action
indicated in the previous paragraph, and from the general
Constitutionally-imposed obligation and responsibility of the
President and Executive Department officials to provide for the
common defense (or in contemporary language, the national
security) to the best of their abilities. Since this concept is
unequivocal and unqualified, the qualification at least significant
is clearly inappropriate--for it would clearly indicate that some
damage to the national security would be acceptable.
Page 3, Section 2 (b). The suggested revision of this subparagraph on
Classification Criteria, which was forwarded after the 2 August
draft of the EO, is a decided improvement.
Page 6, Section 2 (d) (1). In view of the budgetary and administrative
separation of the Intelligence Community Staff from the Centra;
Intelligence Agency, recommend adding the Intelligence Community
Staff to the list of agencies authorized to originally classify at the
TOP SECRET level.
Page 15, paragraph 6 (c). This paragraph on Special Access needs to be
completely revised with respect to intelligence matters. As currently
drafted, it constitutes an undue and illegal constraint on the DCI's
statutory responsibility for protecting intelligence sources and methods.
The drafters also seem to be oblivious of the fact that in some instances
special access programs on intelligence matters have been imposed
upon the specific direction of the President.
To correct this problem, recommend the following changes:
1. Delete the parts of the text that are indicated on
the attached page 15.
2. Insert the following new subparagraph (4).
(4) In accordance with the provisions of the
National Security Act of 1947, as amended, and the
Central Intelligence Act of 1949, as amended, the
Director of Central Intelligence is responsible for the
creation, control, and review of special access programs
with respect to the protection of intelligence sources and
methods.
Approved For Release 200 ~JL9A f f 83M00171 R002300040006-3
IED
 UNCLASSIFIED
Approved For Release 2004/04/19 : CIA-RDP83M00l71 R002300040006-3
Page 19, Section 10. Insert the following as a new Section 10 and then
re-number the present Sections 10 and 11.
Section 10. Intelligence Sources and Methods. Nothing in this
Order shall supersede the responsibility levied by the National Security
Act of 1947, as amended, and by the Central Intelligence Act of 1949,
as amended, on the Director of Central Intelligence for protecting
intelligence sources and methods from unauthorized disclosure.
STATINT
Executive Secretary
Committee on Imagery Requirements and Exploitation
Approved For Release 2004/041W~-T31 HVl00171 R002300040006-3
 UNCLASSIFIED
Approved For Release 2004/04/19 : CIA-RDP83M00171 R002300040006-3
(c) Special Access.
(1) The head of an agency specifically named in Section 2(d)(1),,
-, !irQrtnr of ron 1n+4 e 'may impose, in conformity with the
provisions of this Order, special requirements with respect to access,
distribution, and protection of classified information# these
Special access programs may only be created or continued by the head of
an agency specifically named, in Section 2(d)(1), or, for m,ttors p
personally and in writing. Such special access programs shall be created
or continued only on the specific showing that:
(i) Normal safeguarding procedures are not sufficient to limit
need-to-know or access.
(ii) The number of persons given access will be kept reasonable and
limited to the absolute minimum.
(iii) The special access controls balance the need to protect the
information against the full spectrum of needs to use the information.
(2) Further, all such special access programs shall automatically
terminate after three years unless renewed in accordance with the proce-
dures in this Section.
(3) Heads of agencies
applicable shall establish and maintain for their areas of responsibility
central listings of all special access programs continued or created by
them. i..~
LNseg I'i
N~ (d) Historical Researchers and'Former Officials. The requirement
Y in Section 6(a)(1) that. access to classified information be granted only
as is necessary for the performance of one's duties shall not apply to
persons outside the Executive Branch who are engaged in historical
research projects or who have previously occupied policy-making positions
to which they were appointed by the President; provided, however, that in
each case the head of the agency: .
(1) Determines in writing that access is consistent with the interests
of national security;
Approved For Release 2004/04/19 : CIA-RDP83M00171 R002300040006-3
UNCLASSIFIED
 Release 2004/04/19: CIA-RDP83MOO171 RO02
Destroy
CY TO:
SENT :
FILE :
FMS
MR