DELEGATION OF DECLASSIFICATION AUTHORITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00236R000100020023-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 12, 2016
• Document Release Date: June 4, 2002
• Sequence Number: 23
• Publication Date: January 12, 1979
• Content Type: FORM

Delegation of Declassification Authority
Army review(s)
! I2 January 1979
ACTION REQUIREO To designate the Chief, !WA-ZJL as th? declassification authority for
litigation information. y ti1I-reIatl_d
MEMORANDUM FOR RaCORD. (Describe briefly the requirement, background and action taken or recommended. Must be sufficiently detailed to identify
the action without recourse to other sources. )
1. BACKGROUND: The OACSI Special Project Team (Litigation) (DAMI-ZDL) supports US
Army and other US Government attorneys in the defense of intelligence related litigation. A
major support role is in the area of classification and Yeleasability review of documents for use in
litigation. The procedure developed for these reviews !-ias been to conduct a preliminary review at
DAMI-ZDL, coordinate with DAMI-CI, and then have the declassification act signed by an original
. classification authority (most often DAMI-ZD).
DISCUSSION:
a. The current practice is cJrnDel s,7rne, especially ';,hen a large voiurhe of do
cume~lts must
be reviewed. In some cases, such as 13ei fin 7e-nocratic Club v. Brown, an extremely large volume
of material (there are 300,4 cO "relevant documents" may have to be reviewed in a relatively short
period of time. Paragraph 1-603b, DOD 5200.1-R, provides for the designation of of:icials at the
lowest practicable level to exer.:ise drelassificati.)rl authority in their functional areas.
Designation of the Chief, DA ti1I- :; )L, as a declassification authority and approval of the
?.:xassification guide at TAB B will iigni f;c intly expedite the support rendered by OACSI to the
d:.fense of MI-related litigation.
b. Th-a classification guide at T , 1 . 1 5 13 provides explicit guidance concerning most of the
iaterial reviewed by DA`,4I-,DL for Iitij~:tion use. It also provides that any material not covered
ray the guide be reviewed by an original classification authority, as before.
c. The memorandum at TAB A 14-signates the Chief, DAMI-ZDL, as a declassification
.authority for Nil-relate--l litigation information, within the limits of the classification guide at TAB
0.
d. The memorandum at TAB~: no ifif>t 0T11 NG and DCC of this action and provides imple-
nentation guidance.
RECD AIMENDATION:
k1PLICATIONS
PRIM PROGS YES N:]
TXAN 1-t
-fION OI FICER (tame, grade, phone and slgnalure l
'.ALL VALETTE, CPT, 77992
4CS1 FORM 28, 13 Sep 71
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W aD64010901- SUSPENSE
DAMI-?DL
DATE
BF.IDGET YES NO L ,
REGRADED I
WHEN SERARATLD FROM CLASSIFIED
DOCUMENT
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APPROVALS
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DAMI-ZDL
SUBJECT: Delegation of Declassification Authority
a. That the ACSI approve the classification guide at TAB B and sign the memorandum at
TAB A.
b. That the Special Assistant (Human Systems) sign the memorandum at TAB C.
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DEPARTMENT OF THE ARMY
OFFICE OF THE ASSISTANT, CHIEF OF STAFF FOR INTELLIGENCE
MEMORANDUM THRU CHIEF OF STAFF, US ARMY
FOR SECRETARY OF THE ARMY
SUBJECT: Delegation of Declas~:ification Authority--INFORMATION MEMORANDUM
1. Under provisions of paragraph 1-603b, DOD 5200.1-R, dated December 1978,
the individual assigned to the i ollowing position is designated to exercise
declassification authority over classified information:
Chief, Special Project Team (Litigation), OACSI, DA.
2. This authority will be exercised only within the limits of the attached
approved classification guide, or approved revisions thereof, for, the purpose of
processing documents or information for use in intelligence-related litigation
matters. Material beyond the scope of the guide, or being processed for other
purposes, shall be processed as prescribed in DOD 5200.1-R.-
3. This authority will remain in effect until the Special Project Team
(Litigation), OACSI, DA, is disestablished, unless revoked earlier.
1 Incl
Classification Guide
CPT Valette/77992
Word Processed by C. Casey
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CLASSIFICATION GUIDE
FOR INTELLIGENCE-R ELATED LITIGATION MATTERS
Approved by ACSI, DA
1. Purpose: UP Paragraph 1-603b, DOD 5200.1-R, this guide permits expeditious
declassification review of material for use in litigation. The Special Projects
Team (Litigation) (DAMI-ZDL) handles such material for OACSI in litigation as
directed. The Chief, DAMI-ZDL, exercises declassification authority within the
parameters of this guide for litigation information.
2. General:
a. Paragraph 2-202, DOD 5200.1-R, specifies the criteria for classification
of information. Specifically, the information must fall into one of seven listed
categories, and there must be a reasonable expectation that unauthorized dis-
closure could cause at least identifiable damage to the national security.
b. This guide deals only with material described in paragraphs 2-202b,
foreign government informations and 2-202c, intelligence activities, sources, or
methods. Material falling into the other categories listed in paragraph 2-202 is
beyond the scope of this guide.
c. Material processed under the provisions of this guide may merit
classification even though it falls into an area which is generally unclassified. All
material processed will be considered in the context of Section II, Chapter 11, DOD
5200.1-R, which details classification principles, criteria, and guidelines. When it
is not clear whether an item is classified or not, such item will be processed in
accordance with DOD 5200.1-R.
d. As necessary, OACSI, DA, will designate in writing specific items of
information which require continued classification or special processing. Such
designations will be used only as specified in paragraph 1, above, and will be
reviewed in accordance with paragraph 6, below.
3. Foreign Government Information:
a. Foreign Government Information, as defined in paragraph 1-315, DOD
5200.1-R, will be classified in accordance with Chapter XI of that regulation.
b. The following specific guidance will be employed where material is not
clearly under the purview of paragraph 3a, above:
(1) The fact that the US Army can submit suggestions for intercept of postal
or telephone communications by Federal Republic of Germany (FRG) authorities,
in accordance with applicable FRG law, is unclassified.
(2) The fact that the US Army suggested an intercept as described in 3b(l),
above, on any specific target is unclassified, provided that there is no continuing
investigation of, or related to, that target, and there is no other reason to protect
the identity of that target.
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(3) The fact that FRG authorities have conducted or declined to conduct any
intercept, as described in 3b(2), above, of a specific target requested by the US
Army is classified CONFIDENTIAL (Dara 2-301c7, DOD 5200.1-R), and shall be
reviewed for classification in accordance with para 4-401b3, DOD 5200.1-R.
c. Foreign government information which does not clearly fall into the
scope of 3a or 3b, above, will be referred to the appropriate Department of the
Army functional staff element for determination of releasability.
4. Intelligence Activities, Sources2 or Methods:
a. This paragraph deals only with US Army originated material. Material
originated by other US Government agencies must be referred to the originating
agency for review.
b. The classification of information is not terminated by its compromise
through unauthorized appearance in the public domain. Reevaluation of the
classification in light of such compromise is beyond the scope of this guide.
However, in accordance with paragraph 2-209, DOD 5200.1-R, information which
is known to have been deliberately released by an authorized declassification
authority must be considered unclassified.
c. The possession by the US Army of an item of information is classified
when mere admission of such possession would reveal or identify classified sources
or methods of intelligence collection. Such information (even though it may not,
in itself, merit classification) and the fact of its possession must be classified at
the same level and for the same period of time as the methods of sources which
would be compromised by their disclosure. However, otherwise unclassified
information which could reasonably have been obtained through some other,
unclassified, source or method does not merit such protection.
d. The fact that the US Army conducts counterintelligence investigations is
unclassified.
e. The fact that the US Army in general has the capability to use wiretap
and mail intercept is unclassified.
f. The fact that the US Army has intercepted wire, oral, and written
communications is unclassified.
g. The fact that the US Army conducts monitoring of postal and telephone
communications within its sector of Berlin for itself is unclassified.
h. The fact that any postal or telephone communication of any named
individual or organization has been intercepted by the US Army in Berlin is clas-
sified at least CONFIDENTIAL, and may be classified at a higher level by an
authorized original classification authority, as necessary. All such information
will be reviewed for classification 20 years from date of origin (para 2-301c3,
DOD 5200.1-R).
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i. Except as specified in paragraph 4g, above, any information regarding
the location, identification, operation, capabilities, personnel, or user agencies of
the US Army monitoring facilities in West Berlin is classified at least
CONFIDENTIAL, and may be classified at a higher level by an authorized original
classification authority, as necessary. All such information will. be reviewed for
declassification 20 years from date of origin (para 2-301c3, DOD 5200.1-R).
j. The identity of an individual who has acted or is acting as an informer or
covert source for US Army intelligence, or any data through which the identity of
such an individual could be determined, is classified at least CONFIDENTIAL, and
may be classified at a higher level by an authorized original classification
authority, as necessary. All such information will be reviewed for declassification
20 years from date of origin (para 2.301c3 and 8, DOD 5200.1-R).
k. The procedures through which intelligence sources are identified, re-
cruited, managed, or utilized are classified at least CONFIDENTIAL, and may be
classified at a higher level by an authorized original classification authority, as
necessary. All such information will be reviewed for declassification 20 years
from date of origin (para 2-301c3, DOD 5200.1-R).
1. Details concerning training and handling of intelligence sources, to
include communications systems, contact procedures, expenditures, reimburse-
ments, transportation arrangements, etc., the disclosure of which could jeopardize
the security of intelligence sources and methods, are classified at least
CONFIDENTIAL, and may be classified at a higher level by an authorized original
classification authority, as necessary. All such information will be reviewed for
declassification 20 years from date of origin (para 2-301c3, DOD 5200.1-R).
m. The fact that any person or organization is known or suspected of being
in contact with a hostile intelligence agency will be' classified at least
CONFIDENTIAL, and may be classified at a higher level by an authorized original
classification authority, as necessary. Unless this information, in itself, reveals a
classified intelligence source or rrethod (see paragraph 4p), it will be declassified
6 years from date of origin.
n. The fact that during the course of counterintelligence investigations MI
personnel have attended; recorded, either by technical or nontechnical means; and
reported on public meetings of such organizations, is unclassified. The content of
such reports is unclassified, unless the reports contain other information which
requires classification.
o. The names of particular individuals or organizations who have been
investigated because of involvement in organizations or association with other
persons who published or distributed "underground" newspapers will be protected
as For Official Use Only if permitted by AR's 340-16 and 340-17.
5. Processing:
a. Expurgation: Documents being processed under this guide will have all
classified information expurgated before public release. Care will be exercised to
expurgate only that information necessary to declassify each document. Markings
which would identify a sensitive source or method will be expurgated.
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b. Markings:
(1) After all classified information has been removed, classification
markings will be deleted. Such deletion may be accomplished by lining through
the markings. Complete removal or obliteration of the markings is not necessary.
(2) Once processing has been completed as described in paragraph 5b(l),
above, the first page of each document will be marked as follows:
Declassified by authority of the Classification Guide for Intelligence
Related Litigation Matters, dated
On: (Date)
BY: Chief, Spec Proj Tm (Litigation), OACSI, HQDA
c. Derivative Classification:
(1) Original classification authority is the authority vested in the incumbents
of specific positions to make an independent determination that an item of
information is classified. Derivative classification is the determination that
information is in substance the same as information that has been properly
classified by an original classification authority. Information derived,
summarized, or otherwise extracted from a classified document, to include direct
quotes, is not necessarily classified itself. Such classification determination must
be made solely on the information being considered and based on the standards of
EO 12065 and DOD 5200.1-R, to include specific provisions of this guide.
(2) Declassification of information extracted from a classified document and
incorporated into litigation material, to include direct quotes, does not imply that
the source document has been wholly declassified or reviewed for classification.
6. Review: This guide will be reviewed for currency and accuracy every 2 years,
in accordance with paragraph 2-405, DOD 5200.1-R, and will become invalid when
the Special Projects Team (Litigation) is disestablished.
APPROVED: DATE:
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DEPARTMENT OF THE ARMY
OFFICE OF THE ASSISTANT CHIEF OF STAFF FOR INTELLIGENCE
WASHINGTON. D.C. 20310
DAMI-ZDL
MEMORANDUM FOR THE JUDGE ADVOCATE GENERAL
THE ARMY GENERAL COUNSEL
SUBJECT: Delegation of Declassification Authority--INFORMATION MEMORANDUM
1. Attached is a memorandum designating the Chief of the ACSI litigation team
as the declassification authority 'or litigation related material and the ACSI-
approved classification guide to be used in exercising this authority.
2. The purpose of this designation is to ensure' continued prompt and effective
support to government and civilian attorneys engaged in the government defense
of intelligence-related litigation. The litigation team will be able to review and
provide classification decisions on most of the material required for use in such
litigation. This authority has been specifically limited to litigation-related
material. Any FOIA/PA requests which are not directly related to active
litigation will normally be referred to the INSCOM FOIA/PA office, or DAMI-CI.
3. The litigation team will review, on request, intelligence information desired
for use in the defense or settlement of litigation. This would include the contents
of US Army files, Army material referred by other agencies, pleadings, affidavits,
or other documents or materials as requested. Although such requests may
originate with US Army, DOJ, OAUSA, private attorneys, or from other sources,
it is requested that actual written tasking authority remain within the US Army,
i.e., OGC or OTJAG. Any specific tasking procedures you deem appropriate, such
as oral tasking from specified attorneys, will be implemented on your request, but
should be followed by written requests.
4. Even under these streamlined procedures, the quality of ACSI classification
review support is directly related to the time available to accomplish it. This has
not been a significant problem, and we will continue to process all requests as
quickly as possible. It is not possible to provide useable estimates of the time
required to review a given quantity of material. Therefore, attorneys should
provide as much time as possible for review, especially when large amounts of
material are concerned.
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DAMI-ZDL
SUBJECT: Delegation of Declassification Authority--INFORMATION MEMORANDUM
5. Please note the limitations of the guide. Declassification authority can be
delegated in this manner by providing explicit guidance concerning most
intelligence-related litigation material. However, there may be some material
not covered by the declassification guide. These must be referred to an original
classification authority and will require more time than material covered by the
guide.
I lncl M. T. KELLY
as Special Assistant
(Human Systems)
CF:
AUSA, DOJ
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