DCI AUTHORITY TO SET SECURITY STANDARDS FOR CONTRACTORS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP94B01041R000300100010-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: December 3, 2001
• Sequence Number: 10
• Publication Date: November 22, 1977
• Content Type: MF

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MEMORANDUM FOR: DD/PTOS
FROM: Chief, Special Security Center
SUBJECT: DCI Authority to Set Security Standards
for Contractors
1. The National Security Act of 1947, as amended, is the
basic document from which all DCI authority has been derived. This
document states the DCI's responsibility to "protect intelligence
sources and methods". All subsequent EO's and agreements refer to
the original 1947 Act.
2. None of these documents or inter-agency agreements
specifically set out what sanctions or actions can be taken against
an industrial contractor who does not conform to security requirements.
3. The following are excerpts from a chronology of Executive
Orders and directives charging the DCI with security responsibility:
a. National Security Act 1947 - "The Director of Central
Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure."
b. White House Memorandum, 26 August 1960, establishing a
Compartmented Control System-" The Director of Central
Intelligence, in consultation with USIB, will be
responsible to me for determining all questions involved
in the critical protection and control of the foregoing
TALENT material and information."
c. Agreement between Secretary of Defense and Director of
Central Intelligence reference responsibilities of the NRO
2 May 1962-
"In accordance with the basic responsibilities of the
DCI for protection of intelligence sources and methods, CIA
will establish security policy for the NRP, including
provisions for a uniform system of security control and
appropriate delegation of security responsibility."
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d. Agreement for reorganization of the NRP, 11 August 1965-
"DCI will provide security policy and guidance to main-
tain the uniform security system in the whole NRP area."
e. NRP Security Directive No. 1, 27 August 1971, Para 3,
reaffirms DCI responsibility for protection of intelligence
sources and methods with respect to NRP data.
f. National Security Council Directive No. 1, 17 February 1972-
"The DCI Shall develop and review security standards and
practices as they relate to the protection of intelligence,
and intelligence sources and methods from unauthorized
disclosures".
g. National Security Council Directive No. 6, 17 February 1972-
"The DCI will develop and establish policies and procedures
for the protection of SIGINT, including the degree and type
of security protection to be given SIGINT activities through
the protection of information about them and derived from them'.'.
h. Executive Order No. 11905, 8 February 1976- "Insure that
appropriate programs are developed which properly protect
intelligence sources and methods and analytical procedures".
"The DCI is authorized to protect by lawful means against
disclosure by present or former employees of the CIA or persons
or employees or organizations presently or formerly under
contract with the Agency."
4. It would appear that the DCI's authorities in regard to
contractors would be those agreed to by contract and in accordance
with those DOD procurement regulations (ASPR) to which the Agency
subscribes. The present standard security sections of Agency contracts
have been under review by the Office of General Counsel since the
Boyce-Lee incident. Their unofficial opinion is that contract
security caveats as they are presently written are unenforceable
in a court of law.
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5. While there is no specific statute or directive which
would prohibit the DCI form cancelling contracts, there is also
no statute or directive which would empower him to do so.
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SOURCES CHECKS
1. National Security Act of 1947 as amended
See 102 Para (3)
. CIA Act of 1949
Executive Order - 11905 18 Feb 76
Executive Orders 10985
10909
10104
11652
5. Espionage Acts Title 18
6. Internal Security Act of 1950
7. White House Memorandum dated 26 Aug 60 establishing T-J-I Security
Control System
8. Agreement between Secretary of Defense F DCI on the responsibility
ofNR02May62
9. NRP Directive #1 20 Nov 66
10. Agreement for re-organization of NRP 11 Aug 65
11. NRP Security Directive #1 27 Aug 71
12. National Security Council Directive #1 17 Feb 72
13. NSC Directive #6 17 Feb 72
14. NRP Directive #5 5 1967
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