7

DoCrDr 384O7?O

NSA/CSS Regulation No. 10-63 Date: 15 December l ggz NSA/CSS PREPUBLICATION REVIEW PROCEDURE,

SECTION REFERENCES PURPOSE AND DEFINITIONS

POLICY RESPONSIBILITIES IMPLEMENTATION APPEALPROCEDURE

APPI.ICABILITY II III
IV

vI vII

uperceded and eplaced by NSA/CSS olicv 1-

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

2; Public Law 86-36,

19s9.

50

u.s.c. 402 (National security Agency Act of 1959), 2gMay

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

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

et seq. 2

5. Executive order l2356,National Security Infomration," 6. Eiecutive Order 12333, United States Intelligence Activities," 4 December 1981.

April

19g2.

7. Executive order April 1953.

Jtme 1982.

10450, security Requirements for Govemment Employment,,,27

8. Director Cenftal Intelligence Security Policy Manual for SCI Control Systems,23 9. NSA/CSS Regulation No. l0-l l,
1987.
Release of Unclassified Information," 16 June

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

dated 2 February 1983.

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

-r\
-<

D0SID: 3840??0
SECTION
-

II . PURPOSE AND APPLICABILITY

the free exercise of individual rights under

l0^' This regulation incorporates the security mandates of the references consistent with thi First Amendment to the Constitution of the United States.

NSA security Agreement (hereinafter riienea to as affiriates").

ll' The provisions of this regulation apply to all persons who are required to execute an

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 to contain, refer to, or are based upon Protected Information gained while associated with NSA.

13' The purpose of the preputlication.review process is to determine whether material contemplated for public disclosure contains proigcted information and, if so, to give NSA t::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 any suocessor 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), and cryptologic 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 the organization, fimctions, and activities of the NSA; to the names, titles, s-alaries and numbers of persons employed by, detailed or assigned to NSA; and to communications. security information involving codes, ciphers, anJcryptogruphi" systems used bythe '---- -J United States Government or forlign governments.

*y

15. Public Disclosure: Disclosure of information to one or more persons who do not have the appropriate access authorization, security clearance, and need-to-know to receive protected information SECTION

IV. POLICY

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

DCIsID ! 38407?0

ofnational security. Violations of these standards of loyalty and accotmtability will be cause 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 to malre n1_U]ic. material tlt it unrelated to protected infonnation. It is the responsibility of each affrliate to f,ollow the procedures sei forth in this regulation to determine whether the information or materials in his control are protected and whettrer every person to whom the 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 for Plans, Policy and Programs (DDP), Atur: chief, Information policy any information intended for public disclosure which is or may be based on protected information gained

while associated with NSA.

c' Rryorting suspected violations of this regulation to their supervisors and to the Deputy 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 information submitted for review with the assistance of appropriatg Key Components, as necessary.
Provide informal guidance to.all persons who request assistance in prepd.ring material 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 national security, the basis for the decision, and of the right to appeal the initial review determination.

b.

20. The DDP, Offrce of Contracting will ensure, in coordination withthe Offrce of
General counsel (OGC), that contacts contain provisions necessary to require compliance by contractors and their employees with the provisions of this regulation. The Deputy Director, NSA (D/DIR) decisions.

2l-

will

act as the appeal authority for DDP review

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

DQCID r 38407?O

23, The Deputy Director for Support Services (DDS) Office of Security is responsible for conducting a preliminary inquiry to determine whether there is any basis to an allegation (i.e., is clearly not frivolous or false) of improper disclosure of classified information, and for reporting those allegations determined to have a basis to the appropriate 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 this
regulation. that information submitted for review by their subordinates pursuant to this regulation is forwarded expeditiously to DDP, Attn: Chief, Information Policy.

b. Ensue

SECTION VI . IMPLEMENTATION

25. Requests under this regulation for review of materials or information contemplated for public disclosrue will be submitted to DDP, Attn: Chiet Information Policy. The formal preparation of materials is required; however, submission of final drafts will expedite the review.
26. The Chiel Information Policy will provide written review determinations to the submitter and, to the extent consistent with national security, will explain the rationale used in the review determination.

SECTION VII - APPEAL PROCEDURE

27. Determinations of the Chief, Information Policy with which the submitter does not agree may be appealed in writing to the Deputy Director within 20 working days of receipt of such determination. The Deputy Director may allow at his discretion an additional 30 days to file a written appeal, provided that a written notice of intent to appeal is filed within 20 working days of receipt of initial determination, and justification to support a time extension is provided. In appealing, the submitter should identift with particularity 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 Group Chiefs whose current or former functional NSA responsibilities relate to the subject
matter of appeal to an information Review Appeals Committee and designate one of them to chair the IRAC: The D/DIR will appoint a Classification Advisory Officer familiar with the subject matter of the appeal, and who did not participate inthe initial review, to advise members of the IRAC and to serve as its executive secretary. Assisted by the OGC to ensure the legal suffrciency of its actions, the IRAC will, independent of DDP, conduct the entire appeal process, to include arranging necessary meetings,

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

b. Within 30 working days of receipt of appeal, the DIDIR. will advise appellant of the final determination and, to the extent consistent with national security, the ieasons for determinations adverse to the appellant's interests.
J.M. McCONNELL Vice Admiral, U.S. Navy Director

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