OPR:
5 (Regulations may contain various dates) Category:
REVIEW OF MATERIAL INTENDED FOR
PUBLICATION
GENCY REVIEW OF MATERIAL INTENDED FOR NONOFFIClAL PUBLICATION '
SYNOPSIS This regulation sets forth-policy and procedures that govern the submission and review of material intended for nonofficial publication bv current and former Agency employees and others obligated to protect from unauthorized disclosure certain information they obtainesult of their affiliation with CIA. It also reflects the responsibilities, for ^republication review of the Publications ReviewRB" ornd other Agency components.
a. AUTHORITY. The National Security Acts amended; tbe CIA Acts amended; and Executiveequire the Director of Central Intelligence to proiect intelligence sources and methods from unauthorized disclosure. Executiveequires protection of classified information from unauthorized disclosure. Employees and others who have been authorized access to information the public disclosure of which could harm the national security incur special obligations to protect such information. These obligations have been embodied in secrecy agreements.
ENERAL
Based on the above obligations and responsibilities, this regulation requires all current and former Agency employees, and others obligated by contract, to submit for prior review by CIA all materials (defined in)elow) intended for nonofncialhis regulation also establishes standards for review.
It is the Agency's policy to adopt and implement all lawful measures to protect from unauthorized disclosure information which, if disclosed, could damage the national security, and to ensure that individuals given access to such information understand and comply widi their obligation not to disclose it. Prior review by the Agency of material
APPROVED
intended for rionofficial publicationey component ofo prevent unauthorized disclosures. The purpose of prcpublication review is twofold: io assist individuals in meeting their obligations and to ensure that information damaging to the national security is not disclosed inadvertently. Prior restraint of publication imposed by the Agency in implementing this policy has been judicially upheld where the Agency acts without undue delay,eneral rule meaning withinays of receipt of the materia! io bevcd
n conducting prepublication review, the Agency's policy is to:
Identify information for deletion or revision only to the extent necessaryrotect information the disclosure of which could harm national security;
Respondimely manner to specific inquiries from individuals as to whether particular material must be submitted for review or about any other aspect of the review process or the Agency's substantive determination; and
for administrative appeal of the initial
Current and former Agency employees are obligated io submii material intended for nonofficial publication for prepublication review. Agency contractors and others who sign secrecy agreements with the';Agency must also submit such material for prepublication review in accordance with their secrecy agreements.
Submission to the Agency must be made prior to disclosing such information to anyone who is not authorized by the Agency to have access to it. The responsibility rests with the author to leam from the Agency whether the material intended for publication fits the description set forth in this paragraph. Prepublication review obligations cannot be avoided by causing another person, suchhostwriter, spouse, friend, or associate, to prepare ihe material. Revelation of iriforrnation damaging to the national security to any person not authorized to receive it is prohibited.
Current employees must also submit material that could reasonably be expected to impair the performance of their duties, interfere with the authorized functions of the Agency, or have an impact on the foreign relations or security of the United States
erson with prepublication review obligations is asked to cotnment on the nonofficial intelligence-related materials of others not so obligated {for example, ioookongovernment author prior tohe CIA author should treat his or her commentsroposed nonofficial. publication subject to this regulation. If upon submission the reviewing official determines that it is necessary to review all or pan of the underlying text to evaluate the corrunerits. the CIA author should obtain the outside author's consent before submitting the relevant parts of any
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unpublished text to the Agency for review.
Authors of material submitted to the Agency are expected to cooperate with and assist the review process. When an author claims that information intended for nonofficial publication is unclassified because it has already appeared in public, the author may be called upon to identify any open sources for information chat, in the Agency's judgment, originates from classified sources. Failure or refusal to identify such public sources or otherwise to cooperate may result in refusal of authorization to publish the information in question. The author also may be requested to cite the sourceootnote.
erson subject to the prepublication review obligation learn that another person also subject to the prepublication review obligation is preparing material intended for nonofficial publication that may contain information requiring Agencv approval for public release, he or she should remind the author of the requirement to submit the material to the PRB or through his or her chain of command, as appropriate, for Agency review.
It is not possible to anticipate all questions that may arise about which materials require prepublication review. Therefore,trie author's obligation to seek guidance on all prepublication review issues not explicitly covered in this regulation.
PROCEDURES FOR SUBMITTING MATERIAL FOR REVIEW
Current employees must submit material intended for nonofficial publication through their supervisory chain of command to their Deputy Director or Head of Independent Office. However, current employees may elect first to make submissions directly to the Chair of the PRB only for determination of the necessity for any Agency review. (Note: Employees are also required to notify the Office of Personnel Security and the Public Affairs Staff of the proposed publication by submitting. Outside Activity Approval Request.)
Upon receipt of materialurrent employee as described inny supervisory official in the author's chain of command may submit the material to the Board for decision underelow.eputy Director or Head of Independent Office (or designee) may:
Determine that public release of the material is authorized based on). below, or
Approve publication of the material with deletions and/or changes, or disapprove publicaiion. based on), below. .
The Board acts as the Agency's office of record for all component-approved material. Thus, the author should ensure that the Boardopy of the approval
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memorandum signed by his or her Deputy Director or Head of Independent Officeopy of the manuscript.
Directors and Heads of Independent Offices shall submit material intendedpublication to the Board (seeorhe Chairthem of the Board's findings and act as primary spokesperson for the Agency in
ll conirouriications concerning prepublication review.
Former employees and others not currently affiliated with the Agency must submit material intended for nonofficial publication io the Board (seeorhe Chair will notify them of the Board's findings and act as primary spokesperson for the Agency in all communications concerning prepublication review.
Procedures for submission and review of proposed nonofficial publications by Agency contractors depend on the terms of the contract. If the contractorormer Agency employee, the material should be submitted to the Board. The Chair will coordinate the review with* the contracting component if the subject material of the materia! and the contract for services overlaps: oiherwise. the review will be treated like that for any employee. If the contractor isormer employee, the contracting component will conduct the review in accordance with- the-terms of the contract for services and theecrecy agreement
Authors who are directed to delete material in accordance with this regulauor. are required to submit their revisions lothe Agency for final review.
Persons preparing material for nonofficial publication are invited at any stage to discuss their plans with the Chair. PRE. the PRB legal adviser, or an authorized representative specifically designated for this purpose. The views of the Agency may be given only by one of these individuals. Anyone acting in reliance on views expressed by any-person other than such authorized Agency representative must assume responsibility for the consequences of thai action,
Except for those under cover, authors should direct Questions io the Cjmr. Publications Review6 Amesver, authors outside the Agency should include "Central ltuclligence Agency. Washington," in the address. Authors whose affiliation with the Agency remains coven will be providedeparate channel of coirmiuriication.
AGENCY ORGANIZATION AND
he Board consistshair designated by the Director of Iriforrnation Technology and senior representatives from the Directorate of Operations, the Directorate of Administrauon, the Directorate of Science and Technology, the Directorate of Intelligence, the Office of the Associate Deputy Director for Administration/Information Services, the Office of Personnel Security, and the cover
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unit. The Board members are nominated by the appropriate Deputy Director or Operating Official for the concurrence of the Director of Information Technology. The Office of General Counselegal adviser. The Board will meet as required at the call of the Chair to ensure that the provisions of this regulation are met.
The Chair will ensure that appropriate reviewers are assigned to review submitted material. If the reviewers unanimously decide that it is unobjectionable under the standards and criteria listed above, the Chair will notify the author through the appropriate channels. If any reviewer objects to publication, the matter will be resolved upon consultation with the Chair oroard meeting.
The Chair is authorized unilaterally to represent^ the Board when disclosure of submitted material so clearly would not harm national security that additional review is unnecessary or when time constraints or other unusual circumstances make it impractical or impossible to convene or consult the Board. The Chair may also determine that the subject of the material is so narrow or technical that only certain Board members need be consulted.
The Agency will make every effon to complete the initial review of submitted material and respond to authors withinays'of* receipt by the PRB or other reviewing official.
MATERIALS TO BE SUBMITTED FOR PREPUBLICATION REVIEW
Material which must be submitted for prepublication review consists of all writings and scripts or outlines of oral presentations intended for nonofficial publication, including works of fiction, which contain any mention of the CIA, intelligence data or intelligence activities, or material on any subject about which the author has had access to classified information in the course of his or her employment or other CIA affiliation.
The prepublication review obligation is not limited to any particular category of materials or methods of presentation or publication. It applies to both oral and written materials. With respect to written materials, it applies not only to books but to all other forms of written materials or prepared statements intended for public dissemination, such as (but not limited to) newspaper columns, magazine amides, letters to the editor, book reviews, pamphlets, scholarly papers, and nonofficiai testimony prepared in advance of presentation, whether it isederal or state investigativeongressionaludicial forum (unless the witnessefendantriminal case in the Unitedr any other similar proceedina. (Current employees who must make court appearances and respond to subpoenas should contact the Office of Generalecause works of fiction are often based upon and/or can be used to convey factual information, fictional accounts of the Agency or of intelligence activities are also covered. Material created or disseminated through electronic or other media also is subject to this regulation.
g. >LVTERlALS NOT SUBJECT TO REVIEW
hc prepublication review requirement does not apply to material that is totally unrelated to intelligence or employment matters, such as cooking, gardening, or purely domestic political matters.
Material that consists solely of personal views, opinions, or judgments on matters of public concern and does not contain or purpon to contain any mention of the CIA, intelligence activities or data, or information on any topic about which the author had access to classified information, is not subject to the prepublication review requirement. Forerson wiih prepublication review obligations is free without prior review io submit testimony to Congress to mike public speeches or publish articles on such topics as proposed legislation as long as the material prepared for public use is not classified, does not state or imply facts about intelligence activities or substantive intelligence information, or, in the case of current employees or contractors, impair the performance of their duties or the authorized functions of the Agency or adversely affect foreign relations or national security.
In some circumstances the expression-of'what purports to be an opinion may in fact convey information subject to prior review Forormer intelligence analyst's opinion that the United States can or cannot verify compliance with strategic arms limitation agreementsn implied statement of fact about Agency activities and substantive intelligence informarionantf'would be subject to prior review. This does not mean thattatement wouid necessarily require deletion, but merely that the subject matter requires review by the Agency before publication. However, discussion limited to the desirabilityroposed arms limitation agreement based solely on analysis of its provisions, without any discussion of intelligence information or activities, would not require prior review.
Descriptions of Agency activities will require priorerson subject to the prepublication review obligation who writes or speaks about areas of national policy as an observer outside the government, without relying or purporting to rely on classified information, intelligence information, or other similar information does not have to submit such materials for prior review. While some "gray areas* may exist, persons preparing material intended for nonofficial publication are expected to err on the side of prepublication review.
i. ORAL STATEMENTS The prepublication review requirement applies to material that the person contemplates presenting publicly or actually has prepared to public presentation.erson is not in breach of the prepublication review requirement if he or she participates extemporaneously and without prior preparation in an oral expression of information (for example, news interview, panel discussion, and unrehearsed speech) and does not submit materia! for review in advance. Where an individual has been asked to speak or testify on matters that normally would be subject to prior review and has actually
prepared for the speaking engagemem or testimony in advance by making notes, drafting an outline, rehearsing with an associate, or otherwise, the exception for extemporaneous oral expression does not apply. Moreover,enuinely extemporaneous oral statement does not exempt an individual from liability for any unauthorized disclosure of information damaging to the national security that he or she may make in the course of such expression. Persons subject to the prepublication review obligation are encouraged to seek guidance from the PRB before granting such interviews or agreeing to make such appearances.
STANDARDS OF REVIEW
The Agency may deny permission for nonofficial publication of any information obtained during the course of employment or other service with the CIA that has not been placed in the public domain by. Government and if disclosure reasonably could be expected to harm the national security interests of the United States.
Permission to publish will not be denied solely because the statement may be embarrassing to or critical of the Agency.
Where information contained in material- intended for nonofficial publication is available to the author from classified sources and also independently from open sources, the author may be permitted to republish the information if he or she can cite an adequate open source publication and if republication of the information by that author at the time of review will-not cause additional damage to the national security through authoritative confirmation of previous publications. The Board will exercise due care and discretion in making these determinationsase-by-case basis and include as factors in its decision the following: the sensitivity of the information from classified sources, the number and currency of these previous publications, the level of detail previously exposed, the source of the previous disclosures (whether authoritative and acknowledged or an anonymoushe new author's access to classified sources, and the authority and credibility his or her Agency experience bringsonfirmatory statement. The Board may give permission to publish contingent on the author's citation of open sourcesootnote.
For current employees and contractors, the Agency may also deny permission io publish statements or expressions of opinion that could reasonably be expected to impair the author's performance of duties, interfere with the authorized functions of the CIA, or have an adverse impact on the foreign relations or security of the United States.
Approval for publication does not represent Agency endorsement or verification of. or agreement with, the subject matter. Therefore, consistent with cover status, authors are encouraged (current employees are required, unless waived by supervisors) to publish the following disclaimer: "This material has been reviewed by the CIA. That review neither constitutes CIA authentication of information nor implies CIA endorsement of
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the author'sn employee's supervisors may also amend the wording of this disclaimer, when appropriate, provided the Chair, PRB. is notified of the variance.
BREACH
Prepublication review allows the Agency to determine whether material conremplated for nonofficial publication contains information which, if disclosed, could harm national security, and gives the Agency an opportunity to prevent Lhe public disclosure of such information. Prior review means that written materials are submitted to the Agency before being circulated to publishers, editors, literary agents, coauthors, reviewers, or the public at each stage of their development. This prior review requiremeni is intended to prevent comparison of different versions of such material, which would reveal what items had been deleted by the Agency. For this reason, review of the material after ii has been submitted to publishers, reviewers, or other outside parties does not satisfy an author's prepublication review obligation. The Agency reserves the right to review any such material in order to take necessary protective action to mitigate damage caused by disclosure. Such review and action does not preclude. Government and the Agency from exercising the legal rights otherwise available.
The Office of Genera! Counsel will be noufied in all casesossible violation of prepublication obligation occurs. Failure to comply with prepublication review obligations can result in the imposiyon of. civil or criminal penalties. The Office of General Counsel will report all potentially criminal conduct to the Department of Justice. The Agency will noi make such reports, or make any recommendation to the Department of Justice regarding any action, civil or criminal, on the basis of the expressed or presumed animuserson toward. Government or the Agency.
APPEAL
Authors who wish to appeal decisions should address such appeals in writing to the Executive Director of the Agency, accompanied by the material intended for nonofficial publication and any supporting materials the author wishes the Executive Director to consider. On behalf of the Executive Director, the Chair. PRB will forward the appeal and relevant documentation through the senior Operating Officials of the affected component to each Deputy Director or Head of Independent Office whose representative on the Board objected to information in the material at issue. The Deputy Director or Head of Independent Office will affirm or recommend revision of the Board's decision affecting his or her equities and will forward that recommendation to the General Counsel. The General Counsel will review the recommendations for legal sufficiency and willecommendation to the Executive Directorinal Agency decision. Every effort will be made to complete the appeal process withinays.
This regulation is intended to provide direction and guidance for those persons who
have prepublication review obligations and those who review material submitted for nonofficial publication. Nothing contained in this regulation or in any procedures promulgated to implement this regulation is intended to confer, and does not confer, any substantive or procedural right or privilege on any person or organization.
"'Publication" in this context means communicating information to one or more persons. "Nonofficial publication"ork prepared by the authorrivate individual, notovernment employee or contractor acting in an official capacity.
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Original document.
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