PREPUBLICATION REVIEW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00457R000500020022-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: September 18, 2008
• Sequence Number: 22
• Publication Date: November 2, 1983
• Content Type: MEMO

Approved For Release 2008/09/22 : CIA-RDP85B00457R000500020022-2
DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
Special Assistant to the DCI
Chairman
SUBJECT: Prepublication Review
SECOM-D-227
2 November 1983
1. In the aftermath of NSDD-84, an interagency group essentially
co-chaired by Steven Garfinkel, Director, Information Security Oversight
Office (ISOO), and Richard Willard, Deputy Assistant Attorney General, Civil
Division, revised the SCI Secrecy Agreement to expand the prepublication
review requirement. It was noted that under the then existing form only SCI
information had to be submitted for prepublication review. This was trouble-
some because, if an individual failed to submit his book or article, it was
necessary to go into court, explain what SCI was and then prove that the
information which had been disclosed was SCI. This meant that the government
might cause itself more damage by bringing suit than it had sustained as a
result of the unauthorized disclosure.
2. The new prepublication review standard which was accepted by the
Community, and which the DCI promulgated in August of this year, requires
submission for prepublication review of not only SCI but also: "any
classified information from intelligence reports or estimates; or any
information concerning intelligence activities, sources or methods." As a
result of this expanded language, it no longer was necessary to prove that
the information disclosed was in fact SCI, but only that it related to
intelligence.
3. Although the new SCI non-disclosure agreement did not expand the
number of people who were under the prepublication review requirement and
did not attempt to require prepublication review of any information unless
it related to intelligence, there has been concern about the new form. This
concern led to a draft amendment to the State Department Authorization Bill,
authored by Senator Mathias, which purports to freeze the implementation of
any prepublication review requirements adopted after 1 March 1983.
4. On 1 November 1983 and I attended a meeting
at Ken deGraffenreid's office to discuss the Mathias amendment. Also
present were Messrs. Willard and Garfinkel; NSA General
Counsel; Britt Snider, OSD Policy; and Brenda Reger and Paul Thompson of the
NSC Staff.
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5. Mr. Willard described a meeting that he and Robert Kimmett of the
NSC Staff had with Senator Mathias and his staff. Indications are that
Senator Mathias may be willing to compromise on prepublication review but
some staff members appear to take a harder line and some concern was
expressed that because of media support for the Mathias amendment it may be
difficult to obtain any serious changes. Mr. Willard said Senator Mathias
informed him that the conference which was convened on 1 November would
probably take a long time (January - February 1984) because of certain
jurisdictional problems between committees with members involved in the
conference.
6. In an effort to convince Senator Mathias and others that the new
prepublication review standard which is now in place is necessary, Mr.
Willard outlined a proposal that the Senator be provided with examples of
books or articles, written by former senior officials who had SCI access,
which had not been subject to prepublication review and which contained
intelligence information. Mr. Willard and Mr. deGraffenreid will identify a
number of such books and then would want CIA and to NSA to review them to
confirm whether they disclose intelligence information. Mr. Willard
indicated a need to have the results of the study by 16 November 1983 when
closed hearings on leaks are scheduled. In order to accomplish this, both
the DCI and the DIRNSA will need to make personnel available to undertake
the review.
7. Mr. Willard expressed concern that he is carrying the entire burden
of NSDD-84 alone. With-the exception of General Faurer, he said, no one in
the White House, NSC Staff or Intelligence Community has indicated any
tangible support. He specifically asked for an expression of support from
the DCI. Mr. deGraffenreid said he would try to get this matter on the
agenda for the DCI meeting with Mr. McFarlane on 2 November.
8. Mr. deGraffenreid urged that Executive Branch efforts to implement
the provisions of NSDD-84 be continued. He did not suggest accelerating the
pace but simply continuing what has already been set in motion. Mr. Willard
indicated he would have a meeting shortly to attemDt to egotiate with Steve
Metaxas of Senator Mathias' staff. He invited and
Mr. deGraffenreid to accompany him to that meeting. Mr. deGraffenreid also
indicated that a congressional "champion" is. needed to carry the banner for
NSDD-84. In the ensuing discussion the names of Senators Denton, Goldwater,
Chaffee and Lugar were mentioned. Mr. deGraffenreid indicated that he would
explore the possibility of enlisting congressional support for NSDD-84.
9. The above is for your info- n
Approved For Release 2008/09/22 : CIA-RDP85B00457R000500020022-2
 Approved For Release 2008/09/22 : CIA-RDP85B00457R000500020022-2
SUBJECT: Prepublication Review
Distribution:
Orig - Addressee
1 - ER
1 - D/ICS
1 - ICS RPnictrv
1 - OGC
I - OLL
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