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-RDP87B01034R000600150016-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 16, 2016
• Document Release Date: August 2, 2005
• Sequence Number: 16
• Content Type: MF

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MEMORAND1i FOR: Acting Director of Central Intelligence
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)
I 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,
~cnas:
z h F fight ed below =appear to place the Agency in compliance
with NSDD Nom 3 x
NSDD 84, paragraph 1.a., requires that
"AU persons with authorized access to-classified
information shall be required to sign a non-
disclosure agreement as a condition of -atcess."
(U)
Beadquar. tors Regulation Secrecy
Agreements, sets forth policy,,sponsi-
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
a secrecy agreement must be executed
by all persons who "require access to classi-
=ied or classifiable information or material;
may be exposed to classified or classifiable
information or material by virtue of un-
escorted ccess t9,_,Agencyfacilities .'he
;exceptions specifically ~ -~xemp~ a,~;:..
~~iingres a, et~pi aor, .
.nd--of.ficiai.s of -the
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Executive .Branch "approved by the. Director of
Security as CIA liaison contacts. Federal or
-State judges, is tsttatea or sinil.ar judicial
off icers 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 Graff enreid National
Security Council _Intelligence Staff-'to
determine 'whether'-~ the exceptions cited-are
considered too be within the intent; of 'NSDD.:~
NSDD No. 84, paragraph 1.b., requires that
"Al:L 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 -whichat this -time; applies 'only fo '
'SCI materials..; ..The---Agency's: Office of General
Counsel : is considering with.- the ISOQ what
action -should be ,taken ' t+o :have =colla.teral
c'1.assified`,informata on included .in'_ he .n
irepvblicatiori 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 ISOO. (U)
Current CIA-unique secrecy agreements do,
either specifically 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)
0 NSDD No. 84, paragraph'l.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.
Representatives 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
resen ations 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 Handbook0 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
". p shall adopt internal procedures to govern
the reporting and 'investigation of unauthorized
disclosures of such information." (U)
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 or compromise of national security
information. (U)
0 NSDD No 84 paragraph 3, requires that
Compliance With Security
Regulations, 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. 84.
(C)
"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
Orders," (U)
Compliance With Security
egu ations, 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
The Agency also has in force a
statutes
.
reporting agreement with the ISOO. We are
committed to compliance with statutes and
Executive Orders. .(C)
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? NSDD No. 84, paragraph 5, requires
departments and agencies to revise their regula-
itions ". . . so that employees may be required
to submit to polygraph examinations, when appro-
priate, in the course of investigations of
unauthorized disclosures of classified
information." (U)
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Polygraph, sets forth the CIA's
policies, responsibilities and procedures with
respect to personnel employed by, assigned to
or detailed to the Agency in a staff status,
or whose Agency affiliation gives them-staff-
like access to Agency facilities, operations
or information.- Included, also, are-appl.i-
cants or-candidates for such positions or
affiliation The Agency is already in. full
compliance with..paragraph 5 of NSDD No. 84.
(C)
NSDD No. 84, paragraph 6, requests that'
the Attorney General, in consultation with the
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." (U)
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 " w l: Uwe"
provided by '`the,7 tiff ice "a-:. General ounsel:.(U)
2.- Attached, for your reference, and. appearing-_in..the order -
in which they are mentioned, are the nondisclosure agreements and.
extracts of the Agency regulations cited in t-his memorandum.. (U)
3. The Policy and Plans Group of the Office of Security
has been designated focal point for matters relating to NSDD.
No. 84. They may be contacted on black line or red line 25X1
1(U)
Harry-E. Fitzwater
Deputy Director
for
Administration
Attachments
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