LETTER TO JUDGE CLARK RE NSDD-84

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87T00623R000100070028-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: July 18, 2011
• Sequence Number: 28
• Publication Date: July 29, 1983
• Content Type: MEMO

Sanitized Copy Approved for Release 2011/07/18: CIA-RDP87T00623R000100070028-0
DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
July 29, 1983
MEMORANDUM FOR: Director, Intelligence Community Staff
FROM:' STAT
Chairman
SUBJECT: Letter to Judge Clark re NSDD-84
SECOM-D-160
STAT
STAT
1. This memorandum details follow-up action on the DCI's letter to Judge
Clark.
STAT
2. Around 1700 hours on 28 July 1983,( Associate General
Counsel, advised me that the DCI's letter to Judge Clark regarding the non-
disclosure agreement (NdA) for SCI mandated by NSDD-84 had been sent out. STAT
Richard Willard, Deputy Assistant Attorney General, had received a copy of
the letter and called After x r ssing his annoyance about
the letter, Mr. Willard reportedly told he would be willing to
support DCI promulgation of the NdA, provided e wording formulated by the
interagency working group remained untouched. He asked that I call him that
day and agree to those terms.
3. and I sought the advice of the DDCI. Mr. McMahon was not
available, and we explained the situation toF_ -1 It was explained STAT
that the working group's NdA could be lived with but that protection of DCI
"turf" was the primary consideration. called me later to advise STAT
that the DDCI would accept the compromise provided nothing in the current
draft NdA was likely to cause problems later on and that the DCI's authorities
were preserved.
4. 1 then called Mr. Willard. He acknowledged the DCI's statutory
authority for protection of sources and methods but expressed displeasure that
the matter was not surfaced until several months had been spent by an inter-
agency working group in negotiating a standardized agreement. I expressed
regret that the issue had not been raised sooner and advised him that the sole
objective of the DCI's letter was to preserve the DCI'sstatus as the maker of
rules for the security of intelligence sources and methods and, specifically,
sensitive compartmented information. He indicated that if the DCI had the
intention. of substantially modifying the nondisclosure agreement, then he,
Kenneth de Graffenreid and Robert Kimmit would seriously oppose any favorable
response to the DCI's letter. Mr. Willard said he opposes any effort to change
the current draft because it would provide an opportunity for opponents of a
strong agreement to try again to weaken the NdA. It was explained that long-
range considerations made it essential that this administration not set a
Sanitized Copy Approved for Release 2011/07/18: CIA-RDP87T00623R000100070028-0
 Sanitized Copy Approved for Release 2011/07/18: CIA-RDP87T00623R000100070028-0
precedent that some future administration could cite in assigning DCI functions
to some other official or organization.
5. I advised him that the DDCI was willing to accept the current wording
of the SCI nondisclosure agreement proposed by the interagency working group
provided it was promulgated under DCI authority with recognition that the DCI
is responsible for the security of SCI. Mr. Willard was reminded that the DCI
had vigorously supported the Willard Report and remains committed to improving
the security of classified intelligence. After indicating acceptance of this
compromise, he pointed out that there is a commitment to send the text of the
final draft nondisclosure agreement to agency heads for comment and then it
will be sent by the NSC to the DCI for promulgation.
6. 1 plan to request a meeting with Mr. Willard at which and I
can explore the mechanics of how the NdA will be promulgated. Further details
will be provided as they develop.
cc: EA/DDCI
STAT
STAT
Sanitized Copy Approved for Release 2011/07/18: CIA-RDP87T00623R000100070028-0