AGREED GUIDANCE FOR IMPLEMENTATION OF PRESIDENTIAL DIRECTIVE ON DISCLOSURE OF CLASSIFIED INTELLIGENCE

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80B01676R000900010033-8
Release Decision: 
RIPPUB
Original Classification: 
C
Document Page Count: 
8
Document Creation Date: 
December 12, 2016
Document Release Date: 
July 11, 2002
Sequence Number: 
33
Case Number: 
Publication Date: 
April 28, 1960
Content Type: 
REGULATION
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PDF icon CIA-RDP80B01676R000900010033-8.pdf324.8 KB
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Approved For Releasee0Vfff8OBOl 676R00090001 0033-8 DRAFT 28 April 1960 Agreed Guidance for the Implementation of the Presidential Directive on Disclosures of Classified Intelligence For the purpose of providing uniformity in the implementation of rlE. Presidential Directive and in the preparation pi reports thereon, the following guidance is agreed upon by the U. S. Intelligence Board. To the extent appli- cable, this agreed guidance should be incorporated in any regulations or instruc- tions issued in the implementation of the Presidential Directive. 1. The Presidential Directive "veets requires the Heads of depart- ments and agencies concerned to take certain actions to ensure a greater degree of protection to all classified intelligence and intelligence sources and methods. In addition to those actions that are taken to imp}ement the directive, particular attention should be directed to the fact that the unauthorized dis- closures of classified intelligence in the past several years which have beer most damaging to the intelligence effort have involved vital intelligence sources having direct bearing on the national security. The intelligence informatior, involved in the more serious unauthorized disclosures has been disseminated in channels protected by authorized code words or project designators and limited to those officials upon established need-to-know basis. It is in this area of intelligence reporting and dissemination that greater emphasis is needed in providing adequate controls and protection of such information from unauthorized disclosures. In establishing and administering such controls, it is agreed as a matter of policy that only under the most exceptional circum- stances should such classified intelligence involving sensitive sources and methods be considered for use outside the authorized channels or released to the public. For purposes of uniformity in applying proper controls over the use and dissemination of this category of classified intelligence, such intelligence is defined as that classified intelligence which contains information, or which tends to reveal sources or methods, requiring special controls uuoon Approved For Release 2002/08/21 : CIA-RDP80BO1676R000900010033-8 Approved For Release 2002IL N1f JD Qp$,OB01676R000900010033-8 its dissemination because its disclosure could lead to counteraction (1) jeopardizing the continued productivity of intelligence sources or rrLethods which provide intelligence vital to the national security or (2) offsetting the value of intelligence vital to the national security. Classified intel~.igence within the meaning of the foregoing should be identified by (1) reeegt are4 code words authorized for such use (2) project designators, (3) the mark-r_ - "WARNING NOTICE - SENSITIVE ~At~I~I~ .CAI-T,4~A7D .RI;': SOURCES AND METHODS INVOLVED, 11 or (4) any combination the reof. 2. Departmental and agency regulations goa ra.i. .t oo- eel -4b14- e se -o -&la-ss .fib- rtforuatio-skew 4 be-a~r~e4 to i xri.~tde i ellige~ce- a-s+l ia4-cTategli. e - lassi 4ed i fer~rra~3ea -w riek-eer#,a x-e ~t A- i re*ri-ew p~ac1et i ras awe- e~u~ret .- should include control and review_ prrocecluEres to be followed prior to the disclosure or public release of intelligence. T114- regulations and control procedures $hould establish the responsibility of the Intelligence Chief for the assessment of the risks to the national security and to the intelligence sources and methods involved when dissemination =31" classified intelligence is contemplated outside of authorized channels, including releases to the public. Such control and review procedures should include: a. Disclosure and Release Control: (1) A review by intelligence authorities of any classified intelligence proposed for declassification or for use or disclosure in background briefings, symposiums, seminars, speeches, writings for publication, presentations, ~,ourser of instruction, press releases, formal and informal intervi=~ws with press representatives, and other aspects of public re- tion activities whereby intelligence sources and methods nr,-y be revealed. A record should be maintained of any class-.f d intelligence declassified or authorized for disclosure ancc should contain the name of the individual who authorized such action. Approved For 01ORTIM-RDP801301 Approved For Release 2002%08 O1676R000900010033-8 AL I (2) Classified intelligence inadvertently discussed wit disclosed to any person or persons not authorized for acceR; to such intelligence should be made a matter of record by the responsible official and reported to the appropriate Intelligence Chief. (3) Any disclosure of classified intelligence not made in accordance with the provisions of the regulations and control s of the department or agency concerned should be promptly re--- ported to the Intelligence Chief for appropriate action which may include (a) such steps as are feasible to repair or limit the extent of the damage (b) a request for investigation by ap- propriate authorities (c) an assessment of the possible harm intelligence sources and methods and notification to intelligence authorities concerned and (d) prompt notification to all o_=ficial recipients that an unauthorized disclosure has occurred i ogethe r with advice of remedial action to be taken and guidance for responses to inquiries from public media representatives that may result from the compromise. (4) Existing procedures for the control and release of classified intelligence should be reviewed and revised in light of the foregoing and should be supplemented by appropriate enforcement provisions. In particular, such procedures shoed include provisions whereby recipients of special categories of intelligence including code words and special projects mar determine whether or not individuals with whom they are in contact are authorized to receive such intelligence. b. Disclosure and Release Techniques: (1) Each Intelligence Chief should establish procedure-s for the assessment of risks to the national security and to the Approved For Release 2009/9 /- j T -RDP80BO1676R000900010033-8 Approved For Release OOCONRONT1 180B01676R000900010033-8 intelligence sources and methods involved in any proposed dissemination of classified intelligence outside of authcrizer3 channels. (2) Release procedures should include in the assessment of the risks those ways and means by which an attempt may #e made to sanitize intelligence sources and methods. However, before classified intelligence can be sanitized effectively and sensitive sources protected, a plausible source or sources should be available to which attribution may be made if neces - sary. When this condition exit" then such devices as obscrir,,g or qualifying source attribution by approximating figure 3, omitting place names and geographical locations, appro:cimatin,c the time and circumstances and altering other factors which rna r be revealing of the source and method involved should also be used. (3) Classified intelligence disclosed in official briefings and budgetary reports should be separated and clearly iden- tified from other information of a non-intelligence nature utilized in such briefings. Similar measures should be emplovf! , in disclosing classified intelligence to those Government of- ficials who deal with public media and who cannot readily be expected to know the origin of all information with which they are dealing. (4) The proposed release of classified intelligence derived from a joint or combined project of the intelligence community should consider the interests of other intelligence community members participating in the intelligence project. 3. Each department and agency should develop a continuing education.tl program for all recipients of classified intelligence concerning the damage Approved For Rele s-**A RDP80B0l676R000900010033-8 1 Approved For Relea (VAI1DP, OB01676R000900010033-8 that can accrue to intelligence sources and methods through the improper dis- closure of such intelligence. Such a program may include where appropriate (1) specific instances of known unauthorized disclosures of classified intel- ligence involving sensitive sources and methods (2) an assessment of the possible harm resulting from such disclosures and (3) examples of the counter- measures that might be taken by foreign intelligence services to negate the information or the sources and methods involved. 4. Current practices for the dissemination of classified intalligennree should be reviewed and revised where necessary in order to ensure protection to intelligence sources and methods. In particular, such review should include but not be limited to: a. Reviewing on a continuing basis the dissemination d classified intelligence with a view to ensuring that such dissemination is confined to authorized recipients on a strict need-to-know bas-_ .3 b. Restricting the dissemination of details of classified intel- ligence. Normally, those details of intelligence which clearly re- veal vital or highly sensitive technical sources and methods should be limited to the intelligence specialists responsible for technical evaluations. Whenever possible, without adversely affecting the intelligence effort, such intelligence should be sanitized before the substance is disseminated to other recipients. c. Marking of intelligence. When disseminated in bulletins, briefs, and similar docufents, classified intelligence involving sensitive intelligence sources and methods should be marked to distinguish it clearly from other information normally printed in such documents. - fte ~e-~r Iem&nt ior~o#~ r.e-e deiti.e.. H ac4 ve Ka.s- ~r- r:i i-alb y-of#eet-ecl a sere -eKp-iesee has..been-gai-re?c eConsideration shall be given to the need for any additional legislation to provide furthe- protdction to the national security and to intelligence sources and methods. Approved For Release Q y RM8OB01676R000900010033-8 Approved For Release 2002/08/21 : CIA-RDP80BO1676R000900010033-8 Official Secrets Act, 1911. [1 & 2 GEO. 5. CH. 28.] ARRANGEMENT OF SECTIONS. Section. 1. Penalties for spying. 2. Wrongful communication, &c. of information. 3. Definition of prohibited place. 4. Attempts to commit offence, or incitement to commit offence, under Act. 5. Person charged with felony under Act may be convicted of misdemeanour under Act. Power to arrest. 7. Penalty for harbouring spies. 8. Restriction on prosecution. 9. Search warrants. L0. Extent of Act and place of trial of offence. 11. Saving for laws of British possessions. 12. Interpretation. 13. Short title and repeal. 1 Approved For Release 2002/08/21 : CIA-RDP80BO1676R000900010033-8 25X1 Approved For Release 2002/08/21 : CIA-RDP80BO1676R000900010033-8 Next 19 Page(s) In Document Exempt Approved For Release 2002/08/21 : CIA-RDP80BO1676R000900010033-8 C T O P BvTrvm UNCLASSIFIED CENTRAL INTELLIGENCE AGENCY OFFICIAL ROUTING SLIP TO NAME AND ADDRESS INITIALS DATE 1 Mr. 2 221 Admin 3 4 5 6 ACTION DIRECT REPLY. PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks : Attached is final version of the Implementing Paper as approved by the Security Committee on 28 April subject to staffing by the Members within their departments and agencies. FOLD HERE TO RETURN TO SENDER FROM: NAME. ADDRESS AND PHONE NO. DATE A roved For Release 2002/08/21 : CIA-RD 4m 5/2/60 UNCLASSIFIED I I vuNthm""..".. (40) F Form 101 R NO. 237 Wh places 1Ch may b ll3 d4 U. S. GOVERNMENT PRINTING OFFICE : 1955 -0-342531