PRM/NSC-29: REVISION OF EXECUTIVE ORDER 11652

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200070073-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: August 10, 2005
• Sequence Number: 73
• Publication Date: January 10, 1978
• Content Type: MF

Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070073-7
10 J
MEMORANDUM FOR: General Counsel
FROM:
SUBJECT:
REFERENCE:
Robert W. Gambino
Director 40f Security
PRM/NSC-29: Revision of Executive
Order 11652
Memorandum from Office of General Counsel
dated 3 January 1978, same subject
(OGC 78-0016)
1. In accordance with your request the Office of
Security has reviewed the proposed Executive Order entitled
"National Security Information" which was forwarded with
reference.
2. The following comments are offered:
a. Page 3, sec. 2, paragraph (b)(1): We continue
to feel that inclusion of a requirement for the classi-
fying official to weigh "the public's need for the
greatest possible access" will provide the basis for
unnecessary challenges in court to the proper classification
of information.
b. Page 4, sec. 2, paragraph (c), line 8:
Recognizing that some information provided in confi-
dence by foreign governments or international organizations
may be given on a "personal basis," it is suggested
that the final words of this paragraph be amended to
read "... by a foreign government or international
organization or a representative thereof would satisfy
it
c. Page 5, sec. 2, paragraph (d)(11): For the
same reason outlined above this paragraph should be
amended as follows: "... foreign government or inter-
national organization or a representative thereof".
Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070073-7
 Approved For Release 2005/08/15 : CIA-RDP87B01034R000200070073-7
d. Page 5, sec. 2, paragraph (e)(1): It is
felt that this paragraph should be strengthened so as
to emphasize that although classification may not be
used solely to conceal violations of law, etc., infor-
mation regarding such violations may be classified for
other legitimate reasons.
e. Page 7, sec. 2, paragraph (f)(4)(i), line 3:
Limitations on the delegation of Top Secret classifying
authority "only to principal subordinate officials" in
the case of the Director of Central Intelligence would
be administratively infeasible, especially if interpre-
tation of "principal subordinate officials" included
only the DDCI and the "vice presidents."
f. Page 17, sec. 6, paragraph (c)(1)(ii): The
requirement that special access programs involve
"reasonably small" numbers of persons will cause
distinct problems with reference to existing compart-
mented programs, e.g., SI, TK, where the number of
persons involved are in the tens of thousands. It is
suggested that the words "reasonably small and" be
deleted from this paragraph.
g. Page 17, sec. 6, paragraph (d), line 4:
This paragraph unduly discriminates against historical
researchers within the executive branch. It is suggested
that the words "outside the executive branch" be
deleted.
h. Page 17, sec. 6, paragraph (d)(1): To
reemphasize that historical research access to classified
information waives only the requirement for an official
"need-to-know" justification but continues the need for
determining clearability, this paragraph should be
revised as follows: "(1) determines in writing that
access is consistent with the interests of national
security] and the person engaged in historical research
has been determined to be trustworthy;
Distribution:
Orig $ 1 - Adse
? - OS Reg
1 - PPG
1 - D/S
OS/PPG4 1(10 Jan 78)
Robert W. Gambino
Approved For Release 2005/08/15 : CIA-RDP87B01034R000200070073-7