THE NRO STAFF

-IS)-NATIONAL RECONNAISSANCE OFFICE

WASHINGTOk C.C. smasimpung

August 14, 1974

NOTE FOR GENERAL JONES, OSD

SUBJECT: "Fact Of"

Here is a copy of the package you reviewed this morning.

The package contains a recent letter to Mr. Plummer enclosing

a copy of a proposal being made by Mr. Colby to the NSCIC to

declassify the "fact of." A short note to Dr. Schlesinger

from Mr. Colby asks for his concurrence before Mr. Colby would

sign the letter. Another group of papers attached outlines

the recent USIB deliberations on the same subject. There are

also two notes which record Mr. Plummer's and Dr. McLucas's

discussion with the SecDef: SecDef strongly opposed and

asked that Mr. Plummer advise Admiral dePoix and other

intelligence chiefs of his strong feelings. Mr. Plummer

indicates that he called those people.

I have learned from the Intelligence Community Staff

that Mr. Colby now plans to discuss the issue personally.

with Dr. Kissinger rather than raise the matter as an agenda

item at NSCIC.

o on

Deputy Director for

Plans and Policy

2 Attachments

• 1. DDCI Memo, dtd 12 Aug 74

2. Pkg on Release of "Fact Of"

CI ASDNIVAIIIIIILEXPAPII DIM

imam imams p 4.0p_sfeRET---- “Wilinft ODDER IMES EIRAPTION C.All COSY IND DECLASSIFY ON DIP DM

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12 August 1974

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THE DIRECTOR OF CENTRAL INTELLIGENCE

WAININOTOK. D.C. WSW

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Wks el Nut Wooly tar Nie

Wely.aa Caawrokyr

Honorable James W. Plummer

Undersecretary of the Air Force

Department of Defense

Washington, D. C.

Dear Jim:

Reference is the recent discussion at USIB of the

problem of the classification of "the fact of".satellite

reconnaissance.

The DCI has asked that I forward to you the enclosed

letter to Secretary Schlesinger requesting his reaction to

my proposed memorandum for Dr. Kissinger on "modification of

security classification."

The DCI is hoping to have Dr. Schlesinger's reaction in

time for a discussion of the memorandum for Dr. Kissinger at

the meeting of the National Security Council Intelligence

Committee now scheduled for either 15 or 16 August.

Sincerely,

-4ohn . Clarke

Acting Deputy to the DCI for the

Intelligence Community

Enclosure

As stated

cLAsstrsto IT

COMP( FROM WHIM DECLASNIFICATION

SCHENOLE OF E 0 II 42. ::11:4:11:1% CATEGORY:

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SECRET SENSITIVE

(194/- 751
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9 August 1974

The Honorable James R. Schlesinger

The Secretary of Defense

Washington, D. C.

-leas Jim:

As I promised, herewith a copy of a draft

of the ' fact of'' question. I would like to raise

this at the NSCIC meeting next week, but I will

not sign it without hearing from you. V4 Wale

appreciate your thoughts.

Sincerely,

Is/ Bill

W. E. Colby

Director

Attachment

".n
IrIE DIRECTOR OF CENTRAL INTEU.kocNCE

WAIIONOTON. D. C. MS

AEXORAHOCM FOR: The Honorable Henry A. Kissinger

Assistant to the President for

National Security Affairs

•

SUBJECT : Modification of Security Classification

• REFERENCE Your Memorandum, Subject: Modification of

• the Security Controls for the Products of

Photographic Reconnaissance Satellites,

dated 23 November 1973

1. The referenced memorandum contains the President's

approval of modifications of some of the special security

controls related to the U. S. photographic satellite reconnaissance program. One of these changes provided that

thenceforth:

The faci that the United States Government conducts

a photographic satellite reconnaissance program for.

foreign intelligence collection be classified SECRET."

2. The purpose of this memorandum is to seek Preiidential

instructions as to whether the above provision shall be

continued or changed to provide that the "fact of" the program

me unclassified. There is a difference of opinion within the

Intelligence Community and the Departments affected with

respect to this question.

3. The fact that the U. S. Government conducts a photo- .

3,..rephic satellite reconnaissance program is widely known and

Is frequently the subject of press and public comment.

.stention of the classification places Governcent officials

the position of violating the classification or being

.:nreasonably reticont in discussions with the Conran', the

ress, ani the puulic. Inportant aspects of the program, such

ls the-resolution, swath width, frequency, etc., should remain

:lessified, butt these can remain classified in the same fashion
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as communications intelligence progress remain classified

despite unclassified (and statutory) recognition that the -

U. S. conducts communications intelligence operations. Declassifying the "fact of' the program would also open the

opportunity of declassifying individual prOducts of the

program for public release where necessary classified aspects

are not revealed, permitting greater public understanding of

a number of important political or military matters. The

erroneous disclosure of the U-2 photography over Cuba in 1952,

and its value in convincing the world of the presence there

of offensAre missiles, was a dramatic example of the potential

use of such material. Finally, it is almost impossible to

justify the retention of a classification' for the "fact of

the program under Executive Order 11652 standards for

classification.

•

4. Objection to the declassification of the "fact of"

the-program rests on two major arguments. The first is the

possibility that official admission by the V. S. of such

programs could produce difficulties in our relationships with .

certain of the nations photographed. The question could

become an Jamie in the United Nations over "unauthorised

surveillance' of national territories, and the Soviet Union

could be particularly disturbed by public recognition of

this capability, which it has veiled under the euphemism of

"national technical means of verification" in the Strategic

Arms =citation Agreements. The second reason is that declassification of the "fact of" the program could loosen the

disciplinary tradition which has grown up within the Intelligence Community and its customers around this program as .a

whole. The fear is that this could then result in the

exposure of details and related , aspects of the programwhich

continue to require the highest 'classification, e.g.,

satellite reconnaissance, resolution, etc. In this iew,

declassificatiowof the "fact of' would be apt to encourage public discussion of this field and lead to an erosion of the security standards which have characterized it, especially

at lower echelons whore the subtlety of declassification of

only the "fact of" the program might be lost.

S. This matter was discussed 'in some detail at. the

:MIS meeting on 11 JQly 1374, and the various points of view

above articulated. I advised the USIB membership that I

would present the alternate views When presenting the question

for decision.

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6. I recommend that this question be discussed at the

forthcoming meeting of the National Security Council

Intelligence Committee. Hy own recommendktion is to declassify

the "fact of photographic satellite reconnaissance by the

U. S. I believe this should be doni as follows:

The President be advised of the argumentation

above and issue a decision that the fact that the U. S.

Government conducts a photographic satellite reconnaissance program for foreign intelligence collection

will toe unclassified.

The change be implemented simply by changing

the appropriate security regulatiods.

There be no official public announcement of the

change, and an effort be made to minimise publicity.

about it.

All other aspects of the U. S. satellite

reconnaissance program for the collectiOn of foreign

intelligence remain classified in accordance with

existing regulations.

W. E. Colby

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OFFICE OF THE ORDER SECRETARY

MEMORANDUM

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Ai GZUCICS

SIGNATURE TICKLER

APPROVAL RETURN TO

COMMENTS FILE 

COORDINATION

ACTION SUSPENSE

+INFORMATION. X 

REIPEASE OF "FACT OF"

Dr. Mat.ucas has seen.

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THE UNDER SECRETARY OF THE AIR FORCE

18 July 1974

MEMORANDUM FOR DR. McLUCAS

Reference SecDef discussion of

security relese of "fact of." The

attached Memo for Record provides

opinions by many USIB people on the

proposed release - some for, some

against.

Would it be desirable to pass

this to SecDef for his review? Or

should we let it stand on today's

meeting?

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J. W. Plummer

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---eSTNATIONAL RECONNAISSANCE OFFICE

WASHINGTON. D.C.

THE NRO STAFF July 12, 1974

Dr. Matiscas has seWl.

MEMORANDUM FOR THE RECORD •

SUBJECT: USIB Meeting on Release of "Fact Of"

The USIB met on July 11 and the first item on the agenda

was a review of Mr. Colby's proposal to declassify the "fact

of" photo satellite reconnaissance. The following paragraphs

reflect my interpretation of what occurred at the meeting.

/Cr. Colby introduced the issue by saying that there have

been numerous references in the press about satellite reconnaissance and in our open society it doesn't make sense to r 12 maintain a secret which everyone knows about as secret.

said that last fall we moved out with "littlelenirin

the decompartmentation decision and that it may be time now

.to take another ulittle(fee0 decision for the declassification.

He believes that it is not proper to continue "holding the fig

leaf" any longer. Mr. Colby recognized, however, that there

were counter attitude, toward. his proposal. He stated that

Mr. Pluumer's opinion deserves the full recognition of the

USIB although the NRO security study recommended a go ahead

with the declassification. He completed his opening remarks

by saying that he desired a discussion at the meeting and •

did not plan to come to a decision because he should check

with Mr. Plummer and others before coming to such a decision.

Mr. Singel volunteered a clarification of the security.

committee's recommendation. He said that Mr. Colby may be

interpreting the recommendation • to release the "fact of" too

broadly and stated that the committee generally believed that

the political cimsiderations might override any desire on the

. part of the intelligence community to release the "fact of."

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Mr. Colby asked Mr. Denny of State_for his position. elt.,•••

Mr. Denny said that the Department was not in favor of the

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proposal and its desirability was not obvious. A release

of the "fact of might cause problems in debating the issue

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of earth observation and State would like to leave things

the way they are. UN debates and resolutions would be made

more easily for the United States if countries desire to

affirm their sovereign rights and proprietary interests.

(Mr. Denny had told me before the meeting that his personal

position was not the position that he was directed to present

at the meeting. I learned subsequently that Under Secretary

of State Sisco had reversed the initial State Department

position which was in favor of Mr. Colby's proposal.) Mr. Colby

countered Mr. Denny's remarks by saying that the United States

needs to continue being vague about its space activities and

would do so even if the "fact of" were released. Mr. Singel

brought up the point that, with respect to ERTS, the United

States has made a commitment to release all acquired information to the public domain and would not be able to do so

with reconnaissance satellite photography. Mr. Colby agreed

that this was a correct statement.

Mr. Katz then read the Memorandum which Dr. lkle has

signed to Secretary Kissinger opposing the release of the

"fact of." Mr. Katz stressed the fact that there was no

international law about space reconnaissance and that if

the Russians knew precisely how good we were it could be

construed as espionage as opposed to observation. He finally

stated that if such a decision to release the "fact of" is

made then it.should be recognized as an irreversible one.

Admiral dePoix . then stated that although the proposal I

had two edges, he personally believed that there was a net !

advantage to be accrued from the release. His personal

feelings are that the intelligence community should take

the initiative and accomplish the release. He believes

that security can be maintained and that . Secretery Kissinger

can make an announcement in a matter of fact way. Admiral.

dePoix thinks that the release of the "fact of would permit

an ability to release to the public selected satellite

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photography which would be used to substantiate points being

made by the Secretary of Defense and others about the foreign

threat. He concluded his remarks by saying that we should

consider joining up ERTS and reconnaissance satellites in

the international forum openly in order to substantiate the

United Stated freedom to use space.

General Allen opened his remarks by saying that the perspective away from the center of Washington seems to be different from that existing in councils such as USIB and in the

Pentagon. He believes that the field, such as Los Angeles

and Ft. Meade, would have a very difficult time living with

a release of the "fact of as it is proposed. He thinks

that the existing policy creates a very favorable security

environment and that we never have been forced to deny the

existence of.the reconnaissance satellite program. He questioned Mr. Colby on this point since it was stated in Mr. Colby's .

proposal. He said that the advantage of the present security

is that it avoids unwanted discussion about the program. He

-said that Air Force procurement, the industrial complex

and the NRO contractors are constrained by the present policy

from discussing the nature of the procurement activities and

that this policy works well. He believes that a move to

declassify would open a one way wedge in security. He then

went on to say that the definition of satellite reconnaissance

is a broad one and that satellite reconnaissance has been

acknowledged and is still being acknowledged very often. He

cited the fact that national technical means is associated

in almost everyone's mind with satellites and that satellite

-reconnaissance per se, in. the broad definition, is acknowledged

with the Meteorological Satellite Program, with DSP, and other

systems. He pointed out really be aiking

for an acknowledgement of instead of the

"fact of" itself. He aske . ed to continue

restricting public discussion about the intelligence satellites.

He stated that we must continue to maintain the present policy

because we need the "blanket" it provides and that the present

policy has worked well for thirteen years now. He said that

we cannot be discrete between photo and SIGINT and that SIGINT

must be protected because of its vulnerability to information

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denial. He concluded his remarks by saying that he cannot

see a major change in policy, such as this, as accruing any

benefit whatsoever to the country and wondered why Mr. Colby

was pursuing this approach.

Mr. Collins, the Treasury Depaitment representative,

stated that he was predisposed initially to back Mr. Colby's

proposal, however, on hearing the arguments he was now sup- ‘r, "

portive of General Allen's arguments.

General tiller, AEC, stated that he believed the UN

context would not present a problem if the "fact of" were

released and that he is concerned that the press will point

to this as being a foolish secret. He believes that Dr.

Teller's philosophy about openness is very important. Mr. Katz

interjected that disclosures for their own sake have never done

the nation a good service.

Mr. Colby then polled the Service representatives. The

Army representative stated that the Army generally goes along &"

with Admiral dePoix. The Namy_representative said that security

provides a convenient shield with respect to foreign representatives but the Navy also has a strong intuitive feeling favoring /

the release, so the Navy could be characterized as being 51 to

49 in favor. General Pustaythen said that he was highly persuaded by General Allen, however, he wondered whether or not

there was too much caution being exerted now and he would agree

with the Navy in terms of the slight edge in favor of the

release. General Allen then stated that the present policy

works, and if we were to make a major change it might not work

and it should be remembered that as silly as the policy appears,

it is a clearly effective one.

The FBI representative said that what was really being

proposed was "to take the stamps off" photo satellite reconnaissance and with a little more freedom to discuss a lot

more freedom would be taken. He questioned the need for

relaxing the current discipline and said that he was in high

support of General Allen's argument.

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General Walters then stated that he was in support of

General Giller's argument and that we must consider the need

to maintain as open a posture as possible. He would advocate

the points made by both Admiral dePoix and General Giller. Mr.

... Singel then reiterated that the slippery slope argument was

'extremely valid and that we should be extremely cautious in

pursuing this line without some means of containing the slippery

'slope.

After hearing the various views, Mr. Colby said that he had

not intended to come to any conclusions at the meeting and appreciated all of the arguments--pro and con. He was impressed with

General Allen's arguments, but said he must account also for

Admiral dePoix's arguments because of the basic need to accommodate the open society. He plans to discuss this issue in the

near future with Mr. Plummer and others before he decides on any

further action to be taken.

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