SCI DENIALS WORKING GROUP - FINAL REPORT ON APPEAL PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000500020014-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: December 23, 2016
• Document Release Date: July 12, 2012
• Sequence Number: 14
• Publication Date: November 8, 1978
• Content Type: MF

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Declassified in Part - Sanitized Copy Approved for Release 2012/07/17: CIA-RDP87BO1034R000500020014-4
DEFENSE INTELLIGENCE AGENCY
WASHINGTON, D.G. 20301
FOUO-5637/RSS-3
MEMORANDUM FOR THE CHAIRMAN, DCI SECURITY COMMITTEE
8 NOV ,
SUBJECT: SCI Denials Working Group - Final Report on Appeal Procedures
1. Since August 1978, the SCI Denials Working Group (SCIDWG) has held
several meetings based on tasking from the Chairman, Security Committee,
to draft due process/appeal procedures in the SCI clearability process.
2. From the outset, there was considerable disagreement over the need
for formal appeal procedures. The DoD members felt that DoD security
policy already observed due process, while other member agencies did not.
In this context, the question of whether access to SCI is a privilege was
often raised.
3. In September 1978, the DoD members drafted a proposal for a change
to DCID 1/14 which would incorporate the following:
"Each Senior Intelligence Officer shall establish formal procedures
ensuring that individuals denied access to SCI are notified of the
decision and are afforded a reasonable opportunity to respond."
Although the Chairman, SECOM, advised that a more detailed procedure was
needed, DoD members of the SCIDWG still feel that insertion of this state-
ment would protect the rights of the individual while sustaining the
equity of each agency or department.
4. In October 1978, a more comprehensive and detailed procedure was
drafted by the undersigned, baked on input from DIA and the Military
Departments. NSA participated, in all meetings, but made it clear that
it does not agree in the basic'concept of an appeal procedure for SCI
inasmuch as there are already well established and frequently used
avenues of relief for individuals who have been denied access.
5. At a plenary session of the Working Group, on 25 October 1978, the
expanded DoD draft (as Annex 6 'to DCID 1/14) was submitted and objections
were raised on such grounds as; legal necessity; requirement for notifi-
cation of denial; concern over confidentiality of sources; and a perceived
administrative burden. The strongest objection was registered when OGC,
CIA, suggested that the DCI act as final authority in the appeal process.
Obviously, the membership is convinced that each SIO if fully capable of
administering due process within his department or agency.
USE ONLY
Declassified in Part - Sanitized Copy Approved for Release 2012/07/17: CIA-RDP87BO1034R000500020014-4
 Declassified in Part - Sanitized Copy Approved for Release 2012/07/17: CIA-RDP87BO1034R000500020014-4
6. In view of the above, draft Annex B to DCID 1/14 has been revised
to incorporate changes requested by various members of the Working Group
and is submitted herewith for consideration by the Security Committee at
its next meeting (enclosure 1).
7. I should like to thank the members of the Working Group for their
valuable assistance and also Community Security Group,
for his outstanding support. appreciate the opportunity to participate
in these important endeavors.
STAT
1 Enclosure a/s
SCI Denials Working Group
-Acting Chairman
2
FOR OFFICIAL USE ONLY
Declassified in Part - Sanitized Copy Approved for Release 2012/07/17: CIA-RDP87BO1034R000500020014-4