NATIONAL SECURITY DECISION DIRECTIVE NO. 84 - EXISTING POLICIES AND IMPLEMENTATION - CENTRAL INTELLIGENCE AGENCY (U)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000600150014-9
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 10
• Document Creation Date: December 16, 2016
• Document Release Date: August 2, 2005
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• Content Type: MF

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MEMORANDUM FOR: Acting Director of Central Intelligence
VIA:
Executive Director
Associate General Counsel for
Administrative Law Division
FROM: Harry E. Fitzwater
Deputy Director for Administration
SUBJECT: National Security Decision Directive No. 84 -
Existing Policies and. Implementation -.
Central Intelligence Agency (U)
1. The regulatory issuances of the Central Intelligence
Agency have been reviewed to determine their applicability to the
implementation of National Security Decision Directive No. 84,-
Safeguarding National Security Information, dated 11 March 1983.
The regulations cited below are applicable and, except as
highlighted below, appear to place the Agency in compliance
with.NSDD No. 84:
? NSDD-84, paragraph 1.a., requires that
"All persons with authorized access to-classified
information shall be required to sign a non-
disclosure agreement as a condition of access."
U) .
Headquarters Regulation I Secrecy
Agreements, sets forth policy, responsi-
bilities and procedures governing the
execution of secrecy. agreements by Agency
personnel and associates. Agency secrecy
agreements are drafted, reviewed and approved
by the Agency's Office of General Counsel, in
coordination with the Director of Security,
or when cryptographic clearances are involved,
with the Director of Communications. With
the few exceptions noted in paragraph b of
I a secrecy agreement must be executed
by all persons who "require access to classi-
fied or classifiable information or material;
may be exposed to classified or classifiable
information or material by virtue of un-
escorted access to Agency facilities." The
exceptions specifically exempt members of
Congress, employees and officials of the
e) urns wliiilrr
t by
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Executive Branch approved by the Director of
Security as CIA liaison contacts, Federal or
State judges, magistrates or similar judicial
officers acting in their official capacities,
foreign liaison officers and those whose
signing of such secrecy agreements is deter-
mined by the Director of Security to be
precluded by operational considerations or
otherwise not in the best interests of the
Agency. The Office of Security plans to
contact Mr. Kenneth de Graffenreid, National
Security Council Intelligence Staff, to
determine whether the exceptions cited are
considered to be within the intent of NSDD
No. 84. (C)
? NSDD No. 84, paragraph 1.b., requires that
"All persons with authorized access to Sensitive
Compartmented Information (SCI) shall be required
to sign a nondisclosure agreement as a condition
of access to SCI and other classified information."
(U)
Agency policy with respect to SCI nondisclosure
agreements is governed by Director of Central
Intelligence "Security Policy Manual for SCI
Control Systems," published by the.DCI Security
Committee on 28 June 1982. In 'accordance with
that manual, the CIA requires that its
employees and associates with authorized
access sign a Form 4193, "Sensitive Compart-
mented Information Nondisclosure Agreement."
The agreement contains a prepublication review
provision which, at this time, applies only to
SCI materials. The Agency's Office of General
Counsel is considering with the ISOO what
action should be taken to have collateral
classified information included in the
prepublication agreement. (C)
? NSDD No. 84, paragraph 1.c., requires that
"All agreements required . . . must be in a form
determined by the Department of Justice to be
enforceable in a civil action brought by the
United States." The same paragraph directs that
the Director, Information Security Oversight
Office (ISOO), "shall develop standardized forms
that satisfy these requirements." (U)
The enforceability of Agency secrecy
agreements.for collateral classified
materials has been demonstrated in the
Frank Snepp case. (U)
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The Form 4193, SCI Nondisclosure Agreement,
was fully coordinated. between CIA and the
Department of Justice while under develop-
ment. It is believed to be enforceable in a
civil action brought by the United States. (U)
The matter of standardizing the Form 4193 for
use by all U. S. Government agencies is cur-
rently under review by the IS00. (U)
Current CIA-unique secrecy agreements do,
either spe"cifically or by reference, contain
the provisions required by NSDD No. 84. We
are prepared to cooperate with the ISOO in its
efforts to develop standardized forms. (C)
NSDD No. 84, paragraph 1.d., requires that
"Appropriate policies shall be adopted to govern
contacts between media representatives and Agency
personnel . .. ." and that "All persons with
authorized access to classified information shall
be clearly apprised of the Agency policies in this
regard." (U)
Release of Agency Information to
epresentatives of the Public Information
Media, establishes the Public Affairs
Division, Office of External Affairs, as the
CIA's focal point for all media inquiries. It
directs that classified information will under
no circumstances be revealed to the public.
The Office of Security is provided with copies
of all reports of contacts with the media. (C)
Nonofficial Publications and Oral
Presentations by Employees and Former
Employees, establishes a Publications Review
Board, and policies and procedures for review
of nonofficial publications and oral presenta-
tions by employees and former employees of
this Agency. (C)
Media Briefings, authorizes only
unclassified media briefings, and insists on
prior Agency review of the materials to be
presented. (C)
Appearances of Agency Personnel Before
Non-government Groups, is equally specific
that all presentations must be reviewed in
advance and will be unclassified in nature.
(C)
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Headquarters Handbook~Handbook of
Required Regulatory Readings, is required
reading for all Agency employees when they
enter on duty, and annually each October
thereafter. It contains specific guidance on
Agency security regulations, and includes
guidance regarding contacts between Agency
personnel and the press. (C)
? NSDD No. 84, paragraph 2, requires that
each agency of the Executive Branch that
originates or. handles classified information
?' shall adopt internal procedures to govern
the reporting and investigation of unauthorized
disclosures of such information." (U)
Compliance With Security
Regu ations, prescribes CIA policy for
such compliance,'~and defines and identifies
responsibilities for investigating and
reporting violations. The regulation also
specifies penalties which may be imposed.
The policy exceeds the minimums called for in
paragraphs 2.a. through 2.e. of NSDD No. $4.
(C}
The Office of Security has also prepared and
coordinated with the Office of General Counsel
a proposed Agency regulation on damage assess-
ments. The regulation will provide additional.
guidance on implementation of the provisions
of Executive Order 12356 as they relate to
loss ar compromise of national security
information. (U}
? NSDD No. $4, paragraph 3, requires t11at
"Unauthorized disclosures of classified infor-
mation shall be reported to the Department of
Justice and the Information Security Oversight
Office, as required by statute and Executive
Compliance With Security
Regulations, specifies that appropriate cases
will be forwarded to the Department of Justice
by the CIA's General Counsel for prosecution
under the espionage laws and other pertinent
statutes.. The Agency also has in force a
reporting agreement with the ISOO. Gle are
committed to compliance with statutes and
Executive Orders: (C)
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? NSDD No, $4,~ paragraph 5, requires
departments and agencies to revise their regula-
ta.ons ". . so that employees may be required
to submit to polygraph. examinations, when appr~-
priate, in the course of investigations of
unauthorized disclosures of classified
information." (U)
Polygraph sets forth the CIA's
policies, responsibilities and procedures with
respect ta'personnel employed by, assigned to
ar detailed to the Agency in a staff status,
or whale?Agency affiliation gives them staff-
like access to Agency facilities, operat:ians
or information, Included; also, are appli-
cants or candidates for such positions or
affiliation. The Agency is already in fu11
compliance with p~.ragraph 5 of NSDD No. 84. ,
(C)
paragraph 6, requests that
? NSDD Na. 84
,
the Attorney General, in consultation with~il~he
Director, Office of Personnel Management, .. .
establish an interdepartmental group to study the
Federal Personnel Security Program and recommend
appropriate revisions in existing Executive
Orders, regulations and guidelines." (Li.)
The Office of Security has designated a senior
officer to represent the Agency in this effort
has passed his name to the National Security
Council. Legal counsel, as necessary, wi1,1 be
provided by the Office of General Counsel. (U)
2. Attached, for yaux- reference, and. appearing in the order
in which they are mentioned, are the nondisclosure agreements and
extracts of the Agency regulations cited in this memorandum. (U)
3. The Policy and Plans Group of the Office of Security
has been designated focal point for matters relating to NSDD
No. $4. They may be contacted on black line 0 or red line
(U)
Harry E. Fitzwater
Deputy Director
for
Administration
AttacY~ments
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SUBJF;CT: National Security Decision Directive
Existing Policies and Implementation
Central Intelligence Agency
Distribution:
Orig - Adse
1 -
ExDir
1 -
ER
1 -
OGC
1 -
D/Security
2 -
DDA
1 -
D%Security
~ -
OS Registry
1 -
PPG Ch
OS/P~xM/PPG
(23 Mar 83)
Revised:
(Z$ Mar 83)
Revised:
(4 Apr 83)
ORIGINATOR:
No. 84
APR 1983
xrector of Security
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MISSING PAGE
ORIGINAL DOCUMENT MISSING PAGE(S):
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"~ ,o y~, ~ A = ~ =~ 4,
ROUTING AaND~RECORD SHEET ~
~
~-~
SUBJECT: (Optional)
NSDD No. 84 - Existin Policies and I lementation - `~ ~ ~~'' ;~' - "y,--
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FROM: EXTENSION NO.
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,
Po icy alz ans roup ------
DATE ~
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from .whom
INITIALS
to whom. Draw o line? across column after each comment.)
RECEIVED
PORNrARDED
-
1.
C/PPG
~
This is the revised NSDD-84
_~
___ _
compliance memorandum which
_ _
2.
Pdr. Fitzwater had signed in its
DD/PF~M
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~ ~
earlier versi~~n on 29 March 1983.
__
The wording whhich is highlighted
3.
i yellow on 'the Xerox copy was
D/S
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6
added at the request of
es
~ esa
OGC .
4.
I will call Ken de Graffenreid's
_
office toda .
s.
an plan
to visit with Mr. de Graffenreid
later this week to discuss NSDD-84.
6. --
has seen the revised
memo.
_
~.
9.
10.
11.
12.
13.
14.
15.
FORM ~~ 0 USE PREVIOUS ~J~~ 5~~~~ J~
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TfSDD,No.. 8~6; Existing Policies and Implementation
Central Inte_Lligence Agency T _ __ ______
Harry: Chl 29 T~Iarch you signed a
-very similar mE~morand'.am on
NSDD- 8 ~ rind s E;nt i t on to
OGG. He suggested cer-- 25X1
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added. I)ix'ect:~y beneath this
Routing and Record `heet you will
_find the m~morandun with high.-
~ lights i~~ yellc>tia to reflect the
changes suggested by 25X1
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~ .9 ~ji EDITIONS
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