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REFERENCES

NSA/CSS Regulation No. 10-63Date: 15 December l ggz

NSA/CSS PREPUBLICATION REVIEW PROCEDURE,

SECTIONI

PURPOSE AND APPI.ICABILITY IIDEFINITIONSPOLICYRESPONSIBILITIESIMPLEMENTATIONAPPEALPROCEDURE

uperceded andeplaced by NSA/CSSolicv 1-

IIIIVvvIvII

SECTION I . REFERENCES

1. Public Law 88-290, 50 u.s.c. 831-835 (National Security Agency personnelSecurity Procedures), 26 March 1964.

2; Public Law 86-36, 50 u.s.c. 402 (National security Agency Act of 1959), 2gMay19s9.

3. Freedom of Information Act, 5 U.S.C. 552.

4. Intemal Secririty Act oi 1g50,50 u.s.c. 7gl, et seq.

5. Executive order l2356,National Security Infomration," 2 April 19g2.

6. Eiecutive Order 12333, United States IntelligenceActivities," 4 December 1981.

7. Executive order 10450, security Requirements for Govemment Employment,,,27April 1953.

8. Director Cenftal Intelligence Security Policy Manual for SCI Control Systems,23Jtme 1982.

9. NSA/CSS Regulation No. l0-l l, Release of Unclassified Information," 16 June1987.

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rrhis regulation superceds NSA/CSS Regulation No. 10-63, dated 2 February 1983.oPI: DDP[-lNsp6, 9$-a5sis)

(b) (3)-P.L. 86-36

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SECTION II . PURPOSE AND APPLICABILITY

- l0^' This regulation incorporates the security mandates of the references consistent with

the free exercise of individual rights under thi First Amendment to the Constitution of theUnited States.

ll' The provisions of this regulation apply to all persons who are required to execute anNSA security Agreement (hereinafter riienea to as affiriates").

- I 2' This regulation applies to all information or materials, including works of fiction,

that any affiliate has prepared forpublic disclosure and which contairior p,rrport tocontain, refer to, or are based upon Protected Information gained while associated withNSA.

13' The purpose of the preputlication.review process is to determine whether materialcontemplated for public disclosure contains proigcted information and, if so, to give NSAt::ppottlnity to prevent its disclosure andio assist affiliates in meeting their

-obligations to safeguard such information.

SECTION III. DEFINITIONS

14. Protected Information:a. Classified Infonnation: Information which is classified or in the process of a

classification determination pursuant to the standards of Executive Order 12356,0r anysuocessor order, and-implementing regulations. It includes, but is not limited to,intelligence and intelligence-related information, sensitive compartnented information(information conceming or derived from intellig"n"" sources and methods), andcryptologic information (information conceming communications security'*a rig"a,' intelligence, including information which is alsJsensitive comparfrnented information)protected by Section 298 of Titte lg, United States Code.

b. Information Protected by Statute: Unclassified information relating to theorganization, fimctions, and activities of the NSA; to the names, titles, s-alaries andnumbers of persons employed by, detailed or assigned to NSA; and to communications.security information involving codes, ciphers, anJcryptogruphi" systems used bytheUnited States Government or *y forlign governments.

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15. Public Disclosure: Disclosure of information to one or more persons who do nothave the appropriate access authorization, security clearance, and need-to-know toreceive protected information

SECTION IV. POLICY

16. The responsibility to protect the national security is fundamental. AII NSA affiliatesmust adhere to the highest standards of loyalty and actountability to the public interest byprotecting from public disclosure any informition designated foiprotection in the interest

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ofnational security. Violations of these standards of loyalty and accotmtability will because for appropriate disciplinary action, penalty or other udu"rr" action prorid.d by law.

17. Nothing in this regulation shall be construed to inhibit the right of an individual tomalre n1_U]ic. material tlt it unrelated to protected infonnation. It is the responsibility ofeach affrliate to f,ollow the procedures sei forth in this regulation to determine whether theinformation or materials in his control are protected and whettrer every person to whomthe information is to be disclosed is authorized to have access to it.

SECTION V - RESPONSIBILITIES

18. All NSA afliliates are responsible for:

a. Ensuring that protected information is not publicly disclosed.

b. Unless otherwise authorized, fonuarding for review to the Deputy Director forPlans, Policy and Programs (DDP), Atur: chief, Information policy any informationintended for public disclosure which is or may be based on protected information gainedwhile associated with NSA.

c' Rryorting suspected violations of this regulation to their supervisors and to theDeputy Director for Support Services (DDS), Office of Security.

19. The DDP, Office of Policy will:

a. Receive and process within a reasonable time (usually 30 days) all informationsubmitted for review with the assistance of appropriatg Key Components, as necessary.

b. Provide informal guidance to.all persons who request assistance in prepd.ringmaterial intended for public disclosure

c. Upon conclusion of the initial review and informal discussion with the submitter,inform the submitter of the initial decision, and, to the extent consistent with nationalsecurity, the basis for the decision, and of the right to appeal the initial reviewdetermination.

20. The DDP, Offrce of Contracting will ensure, in coordination withthe Offrce of .

General counsel (OGC), that contacts contain provisions necessary to requirecompliance by contractors and their employees with the provisions of this regulation.

2l- The Deputy Director, NSA (D/DIR) will act as the appeal authority for DDP reviewdecisions.

22. TheGeneial Counsel will provide counsel to DDP during the initial review and tothe Information Rqview Appeals Committee (IRAC) during the appeal process to,ensurethe legal suffrciency of any actions taken.

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23, The Deputy Director for Support Services (DDS) Office of Security is responsiblefor conducting a preliminary inquiry to determine whether there is any basis to anallegation (i.e., is clearly not frivolous or false) of improper disclosure of classifiedinformation, and for reporting those allegations determined to have a basis to theappropriate Agency offtcials, including the General Counsel and the DDP.

24. Chiefs of Key and Field Components will:

a. Ensure that personnel under their supervision understand the requirements of thisregulation.

b. Ensue that information submitted for review by their subordinates pursuant to thisregulation is forwarded expeditiously to DDP, Attn: Chief, Information Policy.

SECTION VI . IMPLEMENTATION

25. Requests under this regulation for review of materials or information contemplatedfor public disclosrue will be submitted to DDP, Attn: Chiet Information Policy. Theformal preparation of materials is required; however, submission of final drafts willexpedite the review.

26. The Chiel Information Policy will provide written review determinations to thesubmitter and, to the extent consistent with national security, will explain the rationaleused in the review determination.

SECTION VII - APPEAL PROCEDURE

27. Determinations of the Chief, Information Policy with which the submitter does notagree may be appealed in writing to the Deputy Director within 20 working days ofreceipt of such determination. The Deputy Director may allow at his discretion anadditional 30 days to file a written appeal, provided that a written notice of intent toappeal is filed within 20 working days of receipt of initial determination, and justificationto support a time extension is provided. In appealing, the submitter should identift withparticularity the disputed portions of the initial determination and the reasons for appeal.

28. Upon receipt of an appeal, the Deputy Director will:

a. Appoint three present or former Deputy or Assistant Deputy Directors or GroupChiefs whose current or former functional NSA responsibilities relate to the subjectmatter of appeal to an information Review Appeals Committee and designate one ofthem to chair the IRAC: The D/DIR will appoint a Classification Advisory Officerfamiliar with the subject matter of the appeal, and who did not participate inthe initialreview, to advise members of the IRAC and to serve as its executive secretary. Assistedby the OGC to ensure the legal suffrciency of its actions, the IRAC will, independent ofDDP, conduct the entire appeal process, to include arranging necessary meetings,

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reviewing the disputed material, and preparing all correspondence and supportingdocumentation. The IRAC witl report its findings and make recortmendations cJricerningdisposition of the appeal to rhe D/DIR.

b. Within 30 working days of receipt of appeal, the DIDIR. will advise appellant of thefinal determination and, to the extent consistent with national security, the ieasons fordeterminations adverse to the appellant's interests.

J.M. McCONNELLVice Admiral, U.S. Navy Director

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