EXTENSION OF CLASSIFICATION BEYOND 20 YEARS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00236R000200170032-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: March 4, 2002
• Sequence Number: 32
• Publication Date: August 15, 1980
• Content Type: MF

MEMORANDUM FOR DIRECTOR, DEFENSE INTELLIGENCE AGENCY
SUBJECT: Extension of Classification Beyond 20 Years
J
ease s2QOZMIO , A-RDPS59d023 )00200170032-0
I.,GTv'N. L. C. 05
ON FILE OSD RELEASE INSTRUCTIONS APPLYAUG 1 19$0
This is in response to your memorandum of June 3, 1980.
I have determined that the security classification of infor-
nation falling in the following categories shall be con-
ti.rued. beyond 20 years:' .
a... Counterintelligence information as defined in
Section 4-202 of Executive Order 12036 of January 2.4, 1978.
b. Information revealing intelligence sources, methods,;
or activities including intelligence plans, policies, or
operations, when it is determined that declassification
would reasonably be expected to cause identifiable damage to
the national security.
Approved Fo
These categories of information shall be subject to
requirements of Section 3-402 of Executive Order 12065
"National Security Information" of June 28, 1978, and to
further declassification review. 30 years from the date of
origin or the date of classification. The material con-
taining such information shall be marked accordingly.
Specific items of information'within the cited cate-
gories may be declassified earlier by you or reviewers
designated by you.
Copy furnished :
Archivist of the United. States
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CATEGORIES OF INFOR..'. TIO,N FOR W'HICH -,!'E
DIRECTOR OF THE INFCR.'t-T IGN SECURITY DVERSIOH '
OFFICE (ISOO) '-L-\S GRANTED '.v.AIVERS OF THE ClirC&: Qt l4WGt
10-YEAR REVIEW REQUIRE`IE\.T OF SECTION 3-3 1 OF
EXECUTIVE ORDER 1-'J63
The Director :)f the Information Security Oversiht Office has granted a waiver from
the 10-year review requirements prescribed in Section 3-J,'i of Executive Order 1.06
for the following categories of information:
Intelligence documents and/or material(s) constituting or containing identifFi-
able foreign government information as defined in Section 5-103 of Executive
Order 1-1065 and Section 1 F.1 of Information Security Oversight Office
Directive No. 1.
Information constituting or concerning cryptology, including information on
the development and/or use of any method, means, system technique, procedure,
activity, installation, device, material or equipment used for the acquisition,
production, or transmission of signals intelligence or for the protection of
classt:ied com.T.unicaticns or data."
Information constituting or concerning Counterlntellite e.de* ed by.
Executive Order 1'-036 of January 24, 197S (section 11-2:'2) as "... information
gathered and activities conducted to protect against espionage and other
clandestine intelligence activities, sabotage, international terrorist
activities or assassinations conducted for or on behalf of foreign powers,
organizations or persons, but not including personnel, physical, docurnent,
or comptun.ications security programs."
information involving or concerning intelligence sources and methods and
covered under special access, distribution and protection programs continued
or established pursuant to Section 4-2 of Executive Order 112063.
Information which identifies any undercover personnel or unit:s) or clandestine
human agent(s) of a National Foreign Intelligence 3oard or other United States
Intelligence Community men, ber agency; or which otherwise reveals in__?ormation
classifiable under the pr is i.on:7 of .:xecut..ve 0r'd.er 12'~6 3 concerning intel l i~encc
Sol
'rces, methods or ;?
acts o,ll:d l ^.7 Lf:'i.t'ili?t' nt', '!Lqr15, 701io.lc'S, or ODeT'3-
Intei_ i once reports and other documents which contain information covertly
acquired and which bear t lc l'e'gs id, "THIS IS U'VEVAL'-;STED TNF: 't.-1TION" or an
equivalent marking, or are similar in format or contents to items so marked;
and in which the formats Used, subject matter, source 4escrirtions or other
content would, in collections jr aggregates of such r.,ports and/or other docc.r-
ments, reveal the nature, ...tope or extent of United States intelligence activities
in, or in relation to, particular foreign countries or areas or would identify
intelligence sources or methods.
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THE PRESIDENT
lines shall state specific, limited categories of information which, because of
their national security sensitivity, should not be declassified automatically but
should be reviewed item-by-item to determine whether continued protection
beyond twenty years is needed. These guidelines shall be authorized for use
by the Archivist of the United States and may, upon approval of the issuing
authority, be used by any agency having custody of the information. All
information not identified in these guidelines as . requiring review and for
which a prior automatic declassification date has not been established shall be
declassified automatically at the end of twenty years from the date of original
classification.
3-403. Nothwithstanding Sections 3-401 and 3-402, the Secretary of
Defense may establish special procedures for systematic review and declassifi-
cation of classified cryptologic information, and the Director of Central Intelli-
gence_may establish special- rocedures for systtrnatic review and declaisifiga-
tion of classified information concerning t e identities of c an estine human
agents. These procedures shall be consistent, so far as practicable, with the
objectives of Sections 3-401 and 3-402. Prior to implementation, they all be
reviewed and an-Droved b the Director of the Information Securit ? Overrsi ht
Mice and wit respect to matters ertainin to ante , ence sources an
methods b the Director of Central tell f
e. isapprova o proce ures y
t e Director of the Information Security Oversight Office may be appealed to
the National Security Council. In such cases, the procedures shall not be
implemented until .the appeal is decided.
3-404. Foreign government information shall be exempt from automatic
declassification and twenty year systematic review. Unless declassified earlier,
such information shall be reviewed for declassification thirty years from its
date of origin. Such review shall be in accordance with the provisions of
Section 3-3 and with guidelines developed by agency heads in consultation
with the Archivist of the United States and, where appropriate, with the
foreign government or international organization concerned. These guidelines
shall be authorized for use by the Archivist of the United States and may,
upon approval of the issuing authority, be used by any agency having custody
of the information.
3-405. Transition to systematic review at twenty years shall be implement-
ed as rapidly as practicable and shall be completed no more than ten years
from the effective date of this Order.
3-5. Mandatory Review for Declassifimtion.
3-501. Agencies shall establish a mandatory review procedure to handle
requests by a' member of the public, by a government employee, or _ by an
agency, to declassify and release information. This procedure shall apply to
information classified under this Order or prior Orders. Except as provided in
Section 3-503, upon such a request the information shall be reviewed for
possible declassification, provided the request reasonably describes the infor-
mation. Requests for declassification under this provision shall be'acted upon
within 60 days. After review, the information or any reasonably segregable
portion thereof that no longer requires protection under this Order shall be
declassified and released unless % thholdi -is-otherwise warranted under
.applicable law. -
3--502 iiequests for declassification which are submitted under the provi-
sions of the Freedom of Information Act shall be processed in accordance with
the provisions of that Act.
3-503. Information less than ten years old which was originated by the
President, by the White House Staff, or by committees of-commissions ap-
pointed by the President, or by others acting on behalf of the President,
including such information in the possession and control of the Administrator
FEDERAL REGISTER-VOL 43, NO. 128-.MONDAY, JULY 3, 1978
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JW :20 February 1981
STATINT
Re the attached:
Based on the statement in the next to the last paragraph
concerning "further declassification review," Secretary Brown's
mmmn 15 August 1980 memo to DIA appears to an concern guidelines
for systematic review. An additional indicator is the fact that
his 'a' and 'b' paragraphs are restatements of the review
guidelines approved by IS00 in late 1979 (see attached).
The IS00 waivert
however,_provides for a re-review 30
at 50 )
ea
years after initla- r-e e w i e Secretary Brown's memo states
it will be 10 years--" ... further declassification review 30
years from the date of origin or the date of classification."
If IS00 waivers are permissive and not mzAiLtnmy mandatory
(which we assume them to be) there would be no problem except
that section 3-403 of E.O. 12065 (also attached) states that
procedures for systematic review of information pertaining to
intelligence sources and mem.t methods shall be reviewed and
approved by the Director of Central Intelligence. (We have mast
no knowledge that this took place.) Further, thelanguage in
the first paragraph ("I have determined") z*emzx*m indicates
the guidelines were issued unilaterally.
ISOO will be here on the 25th; we could ask them to look
into the matter without revealing that it was us who asked.
STATINTL
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