October    18,    1982 
NUMBER  5210-5C 
Department  of  Defense  Directive 
USD(P) 
SUBJECT: 
Unauthorized  Disclosure  of  Classified  Information  to 
the  Public 
References:   (a)   DoD  Directive  5210.50,  "Investigation  of  and 
Disciplinary  Action  Connected  with  Unauthorized 
Disclosure  of  Classified  Informat? on,"  April  29, 
1966  (hereby  canceled) 
(b)  DoD  Directive  5000.19,  "Policies  for  the  Management 
and  Control  of  Information  Requirements,"  March  12, 
1976 
(c)  DoD  5200. 1-R,  "Information  Security  Program  Regu- 
lation," August  1982,  authorized  by  DoD  Directive 
5200.1,  "DoD  Information  Security  Program," 
June  7,  1982 
(d)  Title  10,  United  States  Code,  Chapter  47  (Uniform  Code 
of  Military  Justice) 
A.  REISSUE  AND  PURPOSE 
This  Directive  reissues  reference  (a),  updates  established  poli- 
cies, assigns  responsibilities,  and  prescribes  procedures  for  report- 
ing and  investigating  unauthorized  public  disclosures  of  classified 
information  and  for  reporting  corrective  and  disciplinary  action 
taken. 
B.  APPLICABILITY  AND  SCOPE 
1.  This  Directive  applies  to  the  Office  of  the  Secretary  of 
Defense  (OSD),  the  Military  Departments,  the  Organization  of  the  Joint 
Chiefs  of  Staff,  the  Unified  and  Specified  Commands,  and  the  Defense 
Agencies  (hereafter  referred  to  collectively  as  "DoD  Components"). 
2.  Its  provisions  also  apply  to  DoD  contractors  and  their 
employees  when  they  are  or  may  be  involved  in  the  unauthorized  public 
disclosure  of  classified  information. 
C.  DEFINITION 
Unauthorized  disclosure.   Refers  to  disclosure  to  a  person  likely 
to  release  the  classified  information  to  the  public,  regardless  of 
whether  or  not  this  person  discloses  the  information  to  the  public.
D.  POLICY 
It  is  the  policy  of  the  Department  of  Defense  that  all  known  or  suspected 
instances  of  unauthorized  public  disclosure  of  classified  information  shall  be 
reported  promptly  and  shall  be  investigated  to  determine  the  nature  and  circum- 
stances of  the  disclosure  and  the  extent  of  damage  to  national  security,  and 
that  appropriate  disciplinary  and  corrective  action  shall  be  taken. 
E.  RESPONSIBILITIES 
1-   The  Deputy  Under  Secretary  of  Defense  for  Policy  (DUSDP)  shall: 
a.  Provide  policy  and  direction  for  reporting  and  investigating 
unauthorized  public  disclosures  of  classified  information. 
b.  Request  investigations  of  unauthorized  public  disclosures  of  classi- 
fied information  throughout  the  Department  of  Defense  or  within  DoD  contractor 
facilities  on  behalf  of  the  Secretary  of  Defense.   These  investigations  shall  be 
initiated  upon  notice  to  or  in  coordination  with  the  DoD  Component  concerned. 
c.  Coordinate  the  initiation  and  conduct  of  any  investigation  that 
involves  more  than  one  DoD  Component. 
d.  Submit  to  the  Secretary  of  Defense  reports  of  findings  resulting 
from  investigations. 
e.  Serve  as  a  point  of  contact  on  investigative  matters  that  involve 
unauthorized  disclosure  of  classified  information  directed  to  the  Department 
of  Defense  by  other  government  agencies  or  that  may  involve  other  government 
agencies . 
f.  Serve  as  the  senior  official  for  implementing  this  Directive  within 
OSD. 
2.   Heads  of  DoD  Components  shall- 
a.  Identify,  followup,  and  maintain  records  on  any  actions  involving 
unauthorized  disclosure  of  classified  information.   If  no  action  is  taken,  that 
fact  shall  also  be  recorded. 
b.  Initiate  inquiries  promptly  and  conduct  investigations  of  unauthor- 
ized public  disclosures  of  classified  information.   Prepare  summaries  of  the 
reports  and  investigations  and  forward  them  to  the  DUSDP,  Attention:  Director, 
Counterintelligence  and  Investigative  Programs  (CI&IP)  . 
c.  Conduct  an  investigation  of  any  unauthorized  public  disclosure  of 
classified  information  if  such  information  originated  within  his  Component,  un- 
less a  different  DoD  Component  is  more  appropriately  responsible.   When  respon- 
sibility is  joint  or  unclear,  transmit  the  case  to  the  DUSDP  who  shall  determine 
investigative  responsibility  in  consultation  with  affected  Component  heads. 
This  information  requirement  is  exempt  from  formal  approval  and  licensing 
under  subsection  VII. G:,  enclosure  3,  DoD  Directive  5000.19  (reference  (b)).
Oct  18,  82 
5210.50 
d.  Provide  assistance  to  the  DUSDP,  other  DoD  Components,  or  the 
Federal  Bureau  of  Investigation  to  ensure  that  a  thorough  investigation  is  con- 
ducted when  there  is  unauthorized  public  disclosure  of  classified  information. 
e.  Take  administrative  action  under  DoD  5200. i-R  (reference  (c)) 
against  military  personnel  or  civilian  employees  who  make  unauthorized  public 
disclosure  of  classified  information.   Recommend  prosecution  in  the  federal 
courts  when  considered  appropriate,  and  forward  the  matter  through  the  DUSDP  to 
the  General  Counsel,  Department  of  Defense,  to  determine  whether  referral  to 
the  Department  of  Justice  is  warranted.   Take  appropriate  judicial  action  under 
the  Uniform  Code  of  Military  Justice  (reference  (d))  against  military  personnel 
when  warranted. 
f.  Designate  a  senior  official  to  be  responsible  for  carrying  out  the 
provisions  of  this  Directive. 
3.  The  Director,  Defense  Investigative  Service,  shall  provide  necessary 
investigative  support  to  those  DoD  Components  that  do  not  have  an  investiga- 
tive capability  or  when  an  investigation  involves  more  than  one  DoD  Component. 
F.   PROCEDURES 
1.  Every  civilian  and  military  member  of  the  Department  of  Defense,  and 
every  DoD  contractor  or  employee  of  a  contractor  working  with  classified  mater- 
ial, has  a  responsibility  to  report  promptly  through  appropriate  channels  any 
suspected  or  actual  unauthorized  public  disclosure  of  classified  information. 
2.  These  reports  shall  be  referred  immediately  to  the  senior  official 
designated  under  paragraph  E.2.f.  who,  in  consultation  with  the  Assistant 
Secretary  of  Defense  (Public  Affairs)  and  DoD  officials  having  primary  secur- 
ity classification  jurisdiction  over  the  information,  shall  determine  the 
following: 
a.  Whether  the  information  has  been  released  officially  and,  if  not, 
its  current  level  of  classification. 
b.  Whether  investigative  action  within  the  DoD  Component  concerned  is 
appropriate  and,  if  so,  how  it  should  be  conducted. 
c.  Whether  investigative  action  outside  the  DoD  Component  concerned  is 
r  ^commended. 
3.  If  it  is  determined  that  the  disclosed  information  is  classified  at  the 
SECRET  level  or  higher  and  that  investigative  action  should  be  initiated,  the 
senior  official  designated  under  paragraph  E.2.f.  shall  notify  the  DUSDP, 
through  the  Director,  CI&IP,  in  writing  that  an  unauthorized  public  disclosure 
has  occurred  and  specify  actions  being  taken  or  planned.   Any  request  for  in- 
vestigative assistance  sent  to  another  DoD  Component  or  to  a  non-DoD  agency 
shall  be  coordinated  with  the  DUSDP  before  being  sent. 
4.  Decisions  on  whether  or  not  to  initiate  investigations  into  the  circum- 
stances of  unauthorized  public  disclosures  should  be  based  on  the  following 
factors :
Oct  18,  82 
5210.50 
a.  The  accuracy  of  the  information  disclosed; 
b.  The  damage  to  national  security  caused  by  the  public  disclosure  of 
classified  information  and  whether  there  were  compromises  regarding  sensitive 
aspects  of  current  classified  projects,  sources,  or  methods; 
c.  The  extent  to  which  the  disclosed  information  was  disseminated  and 
the  number  of  persons  known  to  have  access  to  it; 
d.  The  degree  to  which  an  investigation  will  increase  the  damage 
caused  by  the  disclosure; 
e.  The  existence  of  any  investigative  leads; 
f.  In  cases  of  possible  referral  to  the  Department  of  Justice,  the 
extent  to  which  the  classified  information  was  disseminated  outside  the 
Department  of  Defense. 
5.   Nothing  in  this  Directive  shall  interfere  with  ur  prevent  any  DoD  Com- 
ponent or  contractor  from  reporting  unauthorized  public  disclosures  as  required 
by  other  applicable  executive  branch  policies  or  instructions.   All  reports 
made  in  accordance  with  this  Directive  shall  be  accorded  security  protection 
appropriate  to  the  classification  of  the  information  disclosed. 
G.   EFFECTIVE  DATE  AND  IMPLEMENTATION 
This  Directive  is  effective  immediately.   Forward  one  copy  of  implementing 
documents  to  the  Under  Secretary  of  Defense  for  Policy  within  120  days. 
;,.  Frank  C.  Carxucci 
V 
I/"     Deputy  Secretary  of  Defense