COMMENTS ON DRAFT EXECUTIVE ORDER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00236R000200100008-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: February 27, 2001
• Sequence Number: 8
• Publication Date: April 7, 1978
• Content Type: MF

y Approved For ReFsase 2001/03/26 :CIA-RDP85B00~36R0~2D0~100~008-4
7 April 1978
t~EP~1DRANDUER FOR: Office of General Counsel
TATINTL ATTENTION:
TATINTL FROM:
epu y e ecords Review Branch, ISASlDDA
SUBJECT:. Comments on Draft Executive Order
1. Section 1, Page l - Definitions: Recommend that the definitions
of sources anti methods be restored.
2. Section 2(e)(2), Page S - Limitation an Duration of Classifi-
cation:. Rather than schedule foreign material for declassification
review at 30 years. suggest that this be rewritten to stag "that review
or declassification will be accomplished based upon appropriate agree-
ments with the goverrnnents that supplied the information,"
3. Section 2(g)(7), Page 10 - Prohibitions: There should be
a provision that would allow the "recapture" of material accidentally
released. Experience has already taught that this can happen (i.e.,
the accidental release of information concerning Israel's nuclear
capabil#ty}. If this cannot be done, I would opt for the elimination
of this paragraph.
4, Section. 3(e}(~), Page 11 - Derivative Classification of
Information: When dealing with foreign government information, I again
recommend that the review be based upon appropriate agreements with
the governments that supplied the information rather than a 30-year
timetable.
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5, Section 4(e}(1}, page 14 - S,~stematic Review for Qeclassification:
I like the way this is written but do suggest that the Agency push to have
the DE1CI authorized by the President to extend classification beyond 2f!
years.
G. Section 4(e}(2), Page la - S,~stematic Review for feclassification:
a. I would like to see the fallowing sentence completely elimi-
nated from this Section: "`Ail information not identified in these
guidelines as requiring review a..~d for which a prior automatic declassifi-
cation date has not been establti'.'shed shall be declassified automatically
at the end of 2t} years fror~ the date of Qriginal classification."
b. Strongly optxas~ one issuance o~` CIA declassification guide-
~_
lines to ot~~er agencies or t+~-'the Archivist. In-house experience has
clearly shown that it tales training and experience to properly interpret
our intelligence guidelines. Suggest that instead of issuing specific
guidelin~;s t~rat.ClA and the rest of the Intelligence Community issue
cler~eral guidelines as follow:
(1) Intelligence rx3aterial should be identified prior to
being accessioned to the National Archives.
(~} Once accessioned, +~ARS should ses~regate this material
and hold far the concerned agency's review prior to public release.
7. Section 4(e)(~}? Page 15 - Systematic Review for Qec1assification:
~"avor rewrite as follows: "Review for declassification of foreign govern-
ment inforrz~ation shall be in accordance with the provisions of Section 4(c},
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agre~nts Made with the foreign governr~ert ar international organi~~tior
fray ~vhich the classified material was procured, and/ar' ~r#th gufd~T'#r~es
Bevel o,ped by the Agency .news i n consul tatian Sri th -the ~Ar~v# st ' of the
Uri ted States, ?'
8. S~ectian 4~e}{3~, Page 15 - S~rst~atic Review far Declassificat#or~:
Since the CIA also originates and produces classified cryptalogic u~aterial.
believe that the Agency shoul~# be allowed to establ#sh #ts awn procedures
far review and declassification.
Section 4(e~(5}, Page l6 - Systematic Review far Reclassification:
..., ..
Si nee there does not seem to be air way to stop this 1C~-year transition
ti~~e frame, strongly urge that Agency management be warned of the resources
.involved to achieve this ganl.
1i?, aectic~n ~~f}~~). Page 1S ? f~classificstion Requests: The last
se~ter~ce rsf this paragraph might lead to conflicts with-the I~rivacy Act {?},
ll. Section 5~d}~4}, Page 20 -Reproduction ~antrols: impractical
and probat~ly impossible to enforce.
12. Section 6~c}~l } and (2}, Page ~2 - Agencies w#Lh ~Jri?ginal
Clas~ificatiora Authority. Since some Agency guidelines will probably be
class#fied, shQUld the Agency submit these to the. ~rersight pffice7 Also,
does the Agency really wish to publish its unclassified: regulations and
guidelines in tote ~ed~ral Re,~t,~? Finally, since unclassified gu#de-
lines and regulations are the only ones mentioned that are to be published
in the Federal Register rues this autcimatically mean that classified ones
are excluded?
STATINTL
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