EXECUTIVE ORDER 11652 REQUIREMENT TO REPORT UNAUTHORIZED DISCLOSURES TO ICRC

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP95B00890R000700190048-2
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
5
Document Creation Date: 
December 27, 2016
Document Release Date: 
July 11, 2011
Sequence Number: 
48
Case Number: 
Publication Date: 
February 9, 1977
Content Type: 
MEMO
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PDF icon CIA-RDP95B00890R000700190048-2.pdf248.91 KB
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Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B00890R000700190048-2 STAT STAT 9 February 1977 MEMORANDUM FOR: Deputy Director of Security (PFiM) Chief, Policy and Plans Group SUBJECT Executive Order 11652 Requirement to Report Unauthorized Disclosures to I-CRC FROM STAT 1? Assistant for Information, DDA, called a meeting in his office on 8 February 1977 to discuss the Executive Order 11652 requirement to report regu: rl.y to the Interagency Classification Review Committee ( RC} on unauthorized disclosures. The meeting was attendo.--l. by S ecial Assistant for Classific: on, Al, Office of General Counsel, and myself. the impenui,-g indicated his desire to discuss this noncompliance with the ICRC representatives and ICRCoon~~l'.ze between ttheeAgsame encytime some type of agreement this topic. 3. To date the Agency has not reported any unauthorized disclosures to the ICRC on security grounds, although it is difficult to particularlize this basis of noncompliance, since reports may be submitted on a classified basis. It must also be noted, however, that reports submitted to ICRC on unauthorized disclosures are in turn given to one or more Congressional committees for review. 2. The purpose of.the get together was to discu.-s our noncompliance with the cited -requirement in view -of STAT OS 7 0557 q:~?.?9 ViS~ Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B00890R000700190048-2 Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B00890R000700190048-2 4. The urgency of the immediate situation is prcdic tcd. on an ICRC request that the Agency's report covering tite final quarter of calendar year 1976 include some info-, r:,!a ti on at least on the Edwin Moore case. Further, during past week OGC had suggested to that the Agee.;:- STAT selectively report to ICRC on unauthorized disclosures. 5. cited some disadvantages to such sel_::.t1. reporting, which I seconded. The most serious disad%antaf;o would be creation of a false impression of the extent to which unauthorized disclosures occur. For example, if in the current reporting period we mentioned only the Moore case, a Congressman might later respond to our general complaints about the unauthorized disclosure problem by stating that he had reviewed our report to ICRC and only one disclosure had occurred. Discussion at the instant meeting resulted in agreement that se1:tive reporting was not the option to follow. STAT 6. At request I then outlined the Office STAT of Security's reasons and desire to avoid submitting reports of any unauthorized disclosures to ICRC, emp''1:i~1izing that most of them involve sensitive compartmented in7or;nation and some of them are associated with cases, knowled> of which must be severely..restrict.ed. 7. A compromise proposal discussed was the poss `~~i.?.ity of the Agency preparing reports on all unauthorized disclosures within the purview of CIA in the format dictated by ICfC, but retaining these reports in a central location at the Agency (either in the Office of Security or under the cognizance of the Assistant for Information). The compromise proposal would not involve any submission of these reps: i.?ts to ICRC, but would permit henceforth on a semi-annual basis a statistical summary of unauthorized disclosures associated with the Agency. 8. The Office of Security was asked to review this compromise proposal and advise whether it would be acce;)table to it. Its acceptability should be reported to the Ass;stant for Information not later than 10 February, so that it may be discussed with the ICRC representative on 11 Febru.1r-y. Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B00890R000700190048-2 Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B0089OR000700190048-2 STAT 9. It is felt that the proposal is a reasonable compromise and, if we can sell it to the ICRC, we are ahead of the game. Not only do we maintain the classi1_ic?d aspects of unauthorized disclosures under Agency control and preclude their details getting excessive disseminatiui,, but we positively notify ICRC and in turn the Congress on a regular basis of how big a problem such disclosures are. As a possible by-product, preparation of the ICPC formatted report on each unauthorized disclosure may obviate the necessity for continued maintenance of the Leak Data Base or may serve as the basic input to this data base in the future. Deputy Director of Security ;. STAT R. s Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B0089OR000700190048-2 Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B0089OR000700190048-2 AGENCY INFORMATION SECURITY PROGRAM DATA (IMPORTANT -Read instructions on reverse before completing this form) 3. CONTACT FOR ADDITIONAL INFORMATIO telephone no.) INTERAGENCY REPORT CONTROL NUMBER A. TOP SECRET B. SECRET C. CONFIDENTIAL D. TOTAL ORIGINAL 7. CLASSIFICATION DECISIONS DATE OR EVENT (a) DEOTERMINATION REQUIRED (O.A.D.R.) (b) DERIVATIVE (c) A. TOP SECRET B. SECRET C. CONFIDENTIAL MANDA- 8 CASES FOR WHICH AGENCY IS RESPONSIBLE FOR FINA L DECISION . TORY REVIEW CASES CARRIED OVER FROM NEW CASES DECLASSIFICATION DECISIONS (Report in cases, documents, and pages) CASES CARRIED REQUESTS AND APPE PR EV PREVIOUS PERIOD RECEIVED GRANTED IN FULL (c) GRANTED IN PART (d) DENIED (e) OVER TO NEXT PERIOD ALS (a) (b) CASES DOCS. PAGES CASES DOCS. PAGES CASES DOCS. PAGES (f) A. REQUESTS B. APPEALS 9. SYSTEMATIC REVIEW FOR DECLASSIFICATION (In pages) 10. N S UMBE URVE R OF FO YS OR P RMAL I ROGRA NSPECTIONS, M REVIEWS A. REVIEWED B. DECLASSIFIED , F. UNAUTHORIZED ACCESS G. IMPROPER STORAGE C. CLASSIFICATION WITHOUT AUTHORITY H. IMPROPER REPRODUCTION 1. IMPROPER TRANSMISSION J. OTHER (Elaborate under Item 12) 311-102 STANDARD FORM 311 (REV. 4-83) Prescribed by GSA/ISOO E.O. 12356 Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B0089OR000700190048-2 Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B0089OR000700190048-2 This reporting requirement applies to each department, dependent agency or establishment in the executive branch that creates, handles, and/or stores national security information. The re- porting period is on a fiscal year basis, except for the reporting period of August 1, 1982 through September 30, 1983. Submissions must be unclassified and typewritten, and reach ISOO no later than October 31 following the reporting period. Consolidate the submissions of component activi- ties into a single report. Agencies, however, shall retain the input from component activites for possible ISOO review. Item 5. Enter the number of "Top Secret," "Secret," and "Confidential," original classifiers. Enter only the highest level authorized; i.e., enter the number of individuals with "Top Secret" authority in boxes A and D, only; "Secret" authorities in boxes B and D, only; and, "Confidential" authori- ties in boxes C and D, only. Item 6. See instructions provided for completing Item 5, above. This entry seeks the number of additional declassification authorities, excluding those original classifiers listed in Item 5.- Item 7. Enter the actual number of original classification decisions made during the reporting period, breaking these down by the classification level and the type of declassification instruction assigned. Enter the actual count of derivative classification decisions by classification level. Do not count reproductions or copies as classification decisions. Agencies that generate a high volume of classification decisions may request, in writing, authorization from the ISOO Director to use samp- ling methods in lieu of an actual count. Sampling methods already approved may continue in effect until revised. Item 8. Enter the number of mandatory review requests and appeals carried over from the previous reporting period, new ones received, actions taken on them, and the number of requests carried over to the next reporting period. For purposes of this report: "Case" means an individual mandatory review request or appeal, regardless of the number of requesters cited in the request or the number of documents or pages to be reviewed as a result of the request; "document" means recorded infor- mation, regardless of physical format, that has been created or reproduced as an integrated and complete unit; and, "page" means one side or face of recorded information. Item 9. Enter in box A the number of pages in the agency's custody systematically reviewed for declassification and in box B the number of pages declassified as a result of the review. Item 10. For purposes of this report, an "inspection, survey, or program review" means any formal, internal evaluation of any aspect of the agency's information security program. Item 11. An infraction is any error and/or impropriety in marking, destroying, handling, reproduc- ing, transmitting, gaining or granting access to or storing classified information. Enter in the appro- priate box the number of infractions revealed or detected during the reporting period. Do not include those violations that must be reported to the ISOO Director under section 5.4(b) of the Order. STANDARD FORM 311 BACK (REV. 4-83) Sanitized Copy Approved for Release 2011/07/11: CIA-RDP95B0089OR000700190048-2