DISCLOSURES OF CLASSIFIED INFORMATION AND COORDINATION AND CLEARANCE OF OFFICIAL STATEMENTS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP84-00780R004300060028-1
Release Decision: 
RIFPUB
Original Classification: 
S
Document Page Count: 
15
Document Creation Date: 
December 19, 2016
Document Release Date: 
October 13, 2006
Sequence Number: 
28
Case Number: 
Publication Date: 
January 1, 1971
Content Type: 
MF
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PDF icon CIA-RDP84-00780R004300060028-1.pdf930.61 KB
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Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 THE DIRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D. C. 20505 MEMORANDUM FOR: The Secretary of State The Secretary of Defense The Attorney General The Director, U. S. Arms Control and Disarmament Agency The Chairman, Joint Chiefs of Staff The Administrator, National Aeronautics and Space Administration SUBJECT Disclosures of Classified Information and Coordination and Clearance of Official Statements 1. In the President's memorandum of December 21, 1970, subject as above, he directs that existing regulations and procedures designed to safeguard classified information be reviewed and strengthened where necessary, and he calls for an adequate security review of all public disclosures with important security connotations. I would hope that these actions have been initiated and ;that any deficiencies which come to light will be corrected. 2. The President, noting the statutory responsibilities of the Director of Central Intelligence for the protection of intelligence sources and methods, charged me with providing guidance in this field, especially through the machinery of the intelligence community. I am submitting to members and observers of the United States Intelligence Board proposed guidance to assist the intelligence community in carrying out the intent of the President's directive. This guidance, a copy of which is attached, states, in paragraph 4a, that the responsibility of the intelligence chiefs of affected departments and agencies for assessing risks to intelligence sources and methods involved in deliberate disclosures should be delineated, and suggests ways in which this can be accomplished. NSC review(s) completed. Approved For Release 2006/1 0/ ~ I TF~ 4- .b780f 04 500060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 3. May I urge that you use your principal intelligence or security officers to work out appropriate procedures to enable them to assist in an advisory capacity in connection with releases which you or your principal officers may contemplate making and which might have security implications? It is my hope that the proposed guidelines may be made applicable to all affected departments and agencies even though some of them may not be represented on the United States Intelligence Board. 4. It would be most helpful if you could let me have your reaction to those proposals and any additional comments you wish to make, so that I will be able to report to the President in the near future what we are doing to carry out his instructions. Richard Helms Director Att: Guidance Governing Disclosures of Classified Intelligence Approved For Release 2006/10/1 4,:` QlA-kD1 84-0078OR004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-00780R004300060028-1 Guidance Governing Disclosures of Classified Intelligence As pointed out in the President's directive of December 21, 1970, subject "Disclosures of Classified Information and Coordination and Clearance of Official Statements, " machinery now exists to protect all classified information. It is recognized that unauthorized disclosures of classified intelligence may involve thoughtlessness in the application of regulations and procedures already in effect. Further, with respect to sources and methods, widespread discussion of this subject, some of it unavoidable but much of it gratuitous, seems to have conveyed an impression in some parts of the Government that there is little, if anything, that is not known to the public. The protection of intelligence sources and methods continues to be of vital importance to our intelligence effort. The true origin of many categories of intelligence information to be used in public release or debate must be disguised and the use of all such information must be duly authorized. The responsibility for authorizing release and for devising proper disguise rests with the originating agency. The President's directive of December 21, 1970, refers to the statutory responsibility of the Director of Central Intelligence for the protection of intelligence sources and methods. The National Security Act of 1947 specifically states: "... And provided further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure;" It is not to be expected that all consumers of intelligence, policy makers and others would recognize or be fully alert to potential danger to intelligence sources and methods resulting from release of intelligence. Consequently, it is believed that the intelligence community should take the leading role within their departments and agencies. Approved For Release 2006/1014 .:"CI IR[ P84-.00780R0Q4300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 Chiefs of all components of the intelligence cou unuuity should review the existing regulations and impress one all concerned the necessity t-, abide by them. The following specific actions should be taken: 1. Review existing departmental and agency regulaticaas governing the control of classified information to make sure that in every instance they meet the criteria required by the steadily increasing volume and significance of classified intelligence, particularly including sensitive compartmented intelligence. Particular emphasis should be placed on assuring that the need- to-know principle is strictly enforced. 2. Make sure that briefing and indoctrination procedures are reviewed with the objectives of paragraph 1 above in view These procedures should be so designed as to assure that newly indoctrinated members of the intelligence community and other newly indoctrinated officials of the Government fully understa ial the differences which exist among various kinds of intelligenc.~, with respect to danger to the source or method wl-i.:h would rc salt from disclosure. It should also be the purpose of these procedures to explain the way in which cleared individuals can readily ascertain Ulu cloaiance status of others before discussil]g classified inbrala- tion with them, and to make sure that they do so, 3. Provide for periodic reindoctrination anti continuing; education in security practices and procedures, to include a program for prompt debriefing of individuals who no longer t.iave a need-to- know. 4. Review procedures for authorizing and controlling disclosures and releases. a. The responsibility of the intellig-:nce chief for assessing the risk to intelligence sources and methods involved in deliberate disclosures should be delineated. There should be a review and assessment by intelligence authorities, whenever any classified intelligence is proposed Approved For Release 2006/10/141:'iCIA,RDP$4-00780R004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 for declassification or for use in briefings, testimony, sylnposituns, seminars, speeches, w.ritilig: for pul>licatioii, presentations, courses of instr iction, press releases, formal and informal interviews with press representatives, or other activities ii: the course, of which there is a danger that intelligence : ourccs and methods might be revealed. Each assessincut should include methods by which such intelligence c an be effectively and plausibly sanitized by or wit!: the approval of the originating agency so as to Protect the source. Sensitive intelligence to be disclosed should be Clearly identified as such and the official disclosing it slioul.d he so cautioned when appropriate. '1'liis can he particnlat_ly important in dealing with public information officials who cannot be expected to be fully familiar with the origins of sensitive information. Records should be maintained regarding any classified intelligence declassified or authorized for disclosure. b. The facts surrounding inadvertent disclosure of classified intelligence to any person or persons not authorized for access to such intelligence sh.iuld be reported to the appropriate intelligence chile, who will inform the originating agency in any potentially harmful case. c. Any person having knowledge of &iy disclosure of classified intelligence made contrary to the regulations and controls of the department or agency concerned should promptly report it to the appropriate intelligence chief for action. Such action may include (1) such steps as are feasible to repair or limit the extent of the dimage; (2) a request for investigation by appropriate auhorities; (3) an assessment of the possible harm to intelligence sources and methods and notification to all intelligence authorities concerned;' and (4) prompt notification to all ~,)fficia.l recipients that an unauthorized disclosure has occurred, together with advice of remedial action to be taken and guidance for responses to inquiries from public media representatives that may result from the compromise. 3 t. (trul.`i Approved For Release 2006/1 0/1?- fFp,-RDP 4~00780P,004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 5. Take fully into account, in proposing the release of any intelligence derived from a joint project in the untelligenc.! community, the interests of any other members of the inteliil, rice community which might be concerned. If it department or agency authorizes the disclosure of sensitive intelligence from such a source, that agency is responsible for informing other 1JS113 members of the action. Special attention should be given to defining the precise limits of the disclosure and to cautioning against inadvertent elaboration or extension beyond those limits. 6. Take disciplinary action where appropriate, in a just, clear, and definite manner which will demonstrate i he extreme seriousness with which unauthorized disclosures are viewed. Approved For Release 2006/10/14 J'CIA-RDP84-00780R004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 UNiT;!,.., S'I'AT.ES 1NTE:L. lGl NCE i OAt~il OFFICE OF THE CHAIRMAN MEMORANDUM TOR USIB PRINCIPALS SUBJECT ; Guidelines Governing Disclosures of Classified Intelligence 1. The President has issued a ineinocandunn elated I)cceinhcr 21, 1.970 entitled "Disclosures of Classified Infoxlnati.on and Coordination and Clearance of Official Statements". A ropy of this is attached for your information and guidance, as well as a copy of a memorandum I am sending to the other addressees of the President.'s communication. 2. The President, noting the statutory r.esponsi biliti,.:s of the Director of Central 111W.114, c!uce for iiw protection of int.ell.ig:lce Liourc:.zi and inediods, charged me with providing guidance in this ficid, especially through the machinery of the intell.tgence cociilnunity. In thi:_, conncctiOii I would appreciate your giving personal attention to the attached draft guidelines for the intelligence community. I plan to discuss these in executive session at an early meeting of the USIB. Richard i lelins Chairman Atts Presidential Memo DC I Memo "Guidance" SECRET ExcI t7a 1r ii Dllil^,':,~ir Approved For Release 00?/10/14 :' I -RDP84-00780R004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-00780R004300060028-1 December 21, 1970 MEMORANDUM FOR; The Secretary of State The Secretary of Defense The Attorney Genre ral The Director, U. S. Arms Control and Disarmament Ai;ency The Chairman, JuiliL Chief:; of S La i'.1 The Director of Central IntelliI;ence The Adrninistratob, National AeronJut:icu and Space Administratior_ Disclosures of Classified Liformaticn and Coordination and Clearance of Official Statements I am becoming increasingly concerned about the disclosure in public media of classified information bearing upon important aspects of national security, particularly that which tenc'.s to jeopardize intelligence sources and methods. ;uch disclosures present a serious threat to our national interests and I ann determined that the practice of releasing such information without proper authorization will be brought to an end. special systems of clearances. Executive Order 10501, of December 15, 1953, as amended, established regulations and procedures for safeguarding classified information, while especially sensitive data are protected by I direct that immediate steps be taken within the jurisdic tion of each addressee .to ensure that existing, regulations and procedures Approved For Release 2006/10/14: CIA-RDP84-00780R004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-00780R004300060028-1 SECRl~a'1' - 2 designed to safeguard classified inCornlation be reviewed and street;tii-- enecl where necessary. These regulations and procedures ::Mould assure that only those individuals with a demonstrated "nec_i-.to-know' receive classified information and that all recipients are constantly aware of the necessity to protect it from public disclosure. They should provide for an adequate security review of all statements and documents made public on subjects with important security connota- tions. Further, I wish responsible officials to take firm disciplinary action against individuals under their jurisdiction found responsible for careless or deliberate mishandling of classified information. The Director of Central Intelligence has the statutory respcunsibili.ty for the protection of intelligence sources and methods. Accordingly, I shall look to him to provide guidance in this field, especi.d.ly thr.>ug11 the machinery of the intelligence community. I shall expect him to keep me informed of developments and I wish department and agency heads to cooperate fully with him. I also reaffirm the following instructions which I Issued on September 1, 1970 concerning coordination and clearance of public statements and press releases and the necessity for White House clearance of all official communications having policy implications: IPublic statements and press releases: Prior to release, all public communications on matters of known or potential Presidential interest must be cat?efully cleeared by the White I-louse (Assistant to the Pres.adent for National Security) for consistency with Presidential policy and for coordination with the departments and agencies who share overlapping interests and responsibilities. Should there be any uncertainty as to Presidential or interdepartmental interest, it will be resolved in favor of clearance.' --"Official communications: All official communicati )ns with policy implications must be cleared by th- White house. When in doubt, the rule is that messages will be so cleared. This procedure requires close and confidential staff rela- tionships at all levels between the White Ilouse anc. your department as well as among departments." SECRET ApprovedFor Release 2006/10/14: CIA-RDP84-00780R004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 THE DIRECTOR OF CENTRAL INTLLL.IGENCL MEMORANDUM FOR: The Secretary of State The Secretary of Defense The Attorney General. The Director, U. S. Arras Control and Disarmament Agency The Chairman, Joint Chiefs of Sniff The Administrator, National Aeronal,tics and Space Administration SUBJECT Disclosures of Classified lnformatio,4 and Coordination and Clearance of Official Staten cuts I.. Ill the Presidents luenloranduur of December 21, 1970, subJcct as above, he directs that existing regulations and procedure c designed to safeguard classified information he reviewed and strengthen (I where necessary, and he calls for an adequate security review of all public disclosures with important security connotations. 1 would itope that these actions have been initiated and that any deficiencies which some to 1igiv. will be corrected. 2. The President, noting the statutory responsibility?s of the Director of Central Intelligence for the protection of intelligence sourci,s and methods, charged me with providing guidance in this field, especially through the machinery of the intelligence community. I am .submitting -o members and observers of the United States Intelligence Board propose=:i guidance to assist the intelligence community in carrying out the intent of the President's directive. 'T'his guidance, a copy of which j., attached, :Mates, in paragraph 4a, that the responsibility of the intelligence chiefs of affected departments and agencies for assessing risks to intelligence sources and methods involved in deliberate disclosures should be delineated, and suggests ways in which this can be accomplished. Approved For Release 2006/10114: dIA-R P84-00780R00 300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 3. May I urge that you use your principal intelligci ce or security officers to work out appropriate procedures to enable then to assist ill an advisory capacity in connection with releases which you or your princTal officers may contemplate making and ., i:ich might have sec.trity impliL;ations`l It is my hope that the proposed guidelines may be made ap}.licable to ail affected departments and agencies even though some of them may not 0e represented on the United States Intelligence Board. 4. It would be most helpful if you could let me have your reac4ion to these proposals and any additional comments you wish tc make, so that I will be able to report to the President in the near future what we are doing to carry out his instructions. Richard Helms Director Att: Guidance Governing Disclosures of Classified Intelligence Approved For Release 2006/10/14:: CIA- RDP84-00780 R004300060028-1 Approved For Release 2006/10/14: CIA-RDP84-00780R004300060028-1 12 i.I SLL Guidance Governing Disclosures of Classified Intelligence As pointed out in the President's directive of December 21, 1970, ,subject "Disclosures of Classified Information and Coordination and Clearance of Official Statements, " machinery now exists to protect all classified information. It is recognized that unauthorized disclosures of classified intelligence may involve thoughtlessness in the application of regulations and procedures already in effect. Further, with respect to sources and methods, widespread discussion of this subject, some of it unavoidable but much of it gratuitous, seems to have conveyed an impression in some parts of the Government that there is little, if anything, that Li not known to the public. The protection of intelligence sources and methods continues to be of vital importance to our intelligence effort. The true origin of many categories of intelligence information to be used in public release or debate must be disguised and the use of all such information must be duly authorized. The responsibility for authorizing release and for devising proper disguise rests with the originating agency. The President's directive of December 21, 1970, refers to the statutory responsibility of the Director of Central Intelligence for the protection of intelligence sources and methods. The National Security Act of 1947 specifically states: "... And provided further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure;" it is believed that the intelligence community should take the leading role It is not to be expected that all consumers of intelligence, policy makers and others would recognize or be fully alert to potential danger to intelligence sources and methods resulting from release of intelligence. Consequeatly, wiuun weir aepartmen Approved For Release 2006/14-) Glik-R. Pa4-0078ORO04300060028-1 Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 them. The following specific actions should be taken: Chiefs of all components of the intelligence community should review the existing regulations and impress on all concerned the necessity to abide ,r. 1. Review existing departmental and agency regulations governing the control of classified information to make sure that in every instance they meet the criteria required by the steadily' increasing volume and significance of classified intelligence, particularly including sensitive compartmented intelligence. i Particular emphasis should be placed on assuring that the need- L. iviaKe sure that Drienng ana inaoctrina.tion procea nee are reviewed with the objectives of paragraph 1 above in view. These procedures should be so designed as to assure that newly indoctrinated members of the intelligence conimul ity and other newly indoctrinated officials of the Government fully underst,wnd the differences which exist among various kinds of intelligence, with respect to danger to the source or method which would result from disclosure. It should also be the purpose of these proccLlures to explain the way in which cleared individuals can readily ascertain die cloaa.'ance status of other before discussing classified in on u- ' 4. Review procedures for authorizing and controlling isclosures and releases. ~ `P,~~ir~V'ed'.~'ar~~R~Jed~r~~2~t76%'I'(X11`4,':(~t7~QP8{~-0d78~ROt7430QQ'60028-1 Lion with them, and to make sure that they do so, 3. Provide for periodic reindoctrination and continuing education in security practices and procedures, to include a progranz for prompt debriefing of individuals who no longer have a need-to- OW' a. The responsibility of the intelligence chief for assessing the risk to intelligence sources and methods involved in deliberate disclosures should be delineated. ..-There should be a review and assessment by intelligence authorities whenever 'any classified intelligence is proposed Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1 Approved for Release 2006/10/14,;,CIA-.RpI?a,4 70780R0O41300060028-1 for declassification or for use in briefings, testimony, symposiums, seminars, speeches, writings for publication, presentations, courses of instruction, press releases, formal and informal interviews with press representatives, or other activities in the course of which there is a danger that intelligence sources and methods might be revealed. Each assessment should include methods by which such intelligence can be effectively and plausibly sanitized by or with the approval of the originating agency so as to protect the source. Sensitive intelligence to be disclosed should be clearly identified as such and the official disclosing it should 1,e so cautioned when appropriate. This can be particularly important in dealing with public information officials who cannot be expected to be fully familiar with the origins of sensitive information. Records should bi maintained regarding any classified intelligence declassified or authorized for disclosure. b. The facts surrounding inadvertent disclosure of classified intelligence to any person or persons not authorized for access to such intelligence should be reported to the appropriate intelligence chief, who will. inform the originating agency in any potentially harmful cases c. Any person having knowledge of any disclosure of classified intelligence made contrary to We regulations and controls of the department or agency concerned should promptly report it to the appropriate intelligence chief for action. Such action may include (1) such steps as are feasible to repair or limit the extent of the damage; (21 a request for investigation by appropriate authorities; (3) an assessment of the possible harm to intelligence sources and methods and notification to all intelligence authorities concerned;' and (4) prompt notification to all official together with advice of remedial action to be taken and guidance for responses to. inquiries from public media representatives that,may result from the compromise. Approved For Release 2006/10/14: CIA-RDP84-0078OR004300060028-1