REVIEW OF PROCEDURES AND HOLDINGS OF DOCUMENTS TO ENSURE PROTECTION OF WEAPONS OF MASS DESTRUCTION AND OTHER SENSITIVE INFORMATION RELATED TO HOMELAND SECURITY (W/ATTACHMENTS)

• Document Type: FOIA
• Keywords: WEAPONS OF MASS DESTRUCTION
• Keywords: CARD MEMO
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0000977470
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 18
• Document Creation Date: June 23, 2015
• Document Release Date: January 14, 2010
• Case Number: F-2003-00079
• Publication Date: May 6, 2002

APPROVED FOR
RELEASE DATE:
1128-Dec-2009
ROUTING AND RECORD SHEET
Review of Procedures and Holdings of Documents to Ensure Protection of Weapons
of Mass Destruction and Other Sensitive Information Related to Homeland Security
3. Marth Lutz
DCI/IRO
7? William McNair
DO/IRO
9? Sally Bowling
DS&T/IRO
Frieda Omasta
MSO/IRO
USE PREVIOUS
EDITIONS
51-7
CLASSIFYAS APPROPRIA
UNCLASSIFIED//F
5)j6
OFFICIAL'S
INITIALS
6 May 2002
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
CLASSIFYAS APPROPRIATE
UNCLASSIFIED//Fqj;@
CL BY:
CL REASON:
DECL ON:
DRV FROM:
 UNCLASSIFIED//FO O
CIO/IMS 0041-02
6 May 2002
MEMORANDUM FOP: Chairman, National Intelligence Council
Acting General Counsel
Acting Inspector General
Director of Congressional Affairs
Director of Public Affairs
Director of Center for Studies in Intelligence
Director, Office of Policy Support, DI
Chief, Intelligence Staff, DO
VIA: Chief Information Officer
Director of Information Management Services, CIO
Review of Procedures and Holdings of Documents
to Ensure Protection of Weapons of Mass
Destruction and Other Sensitive Information
Related to Homeland Security
REFERENCES: A. White House memo dtd 19 Mar 02,
"Action to Safeg on Regarding
Weapons of Mass Destruction and Other
Sensitive Documents Related to Homeland
Security"
B. List of Search Words and Phrases Associated
with Weapons of Mass Destruction
1. Action Requested: In accordance with Reference A,
Central Intelligence Agency (CIA) offices involved in
declassifying and releasing information should reexamine their
procedures and holdings of documents to ensure compliance with
the accompanying guidance to safeguard nuclear, radiological,
chemical, biological, (WMD) and other sensitive information
related to Homeland Security. Each office should confirm that
it has procedures to ensure that all future information placed
in public venues is properly reviewed prior to release. Each
offices' review should encompass the implementation of all laws
UNCLASSIFIED//F y6
 SUBJECT: Review of Procedures and Holdings of
Documents to Ensure Protection of Weapons
of Mass Destruction and Other Sensitive
Information Related to Homeland Security
and regulations with respect to classification, Privacy Act,
Freedom of Information Act, and unclassified information whose
public release could impact the security of our nation. In
order to respond to the President's Assistant, I need you to
inform your Information Review Officer (IRO) by 22 May 2002 of
the status or completion of your reexamination, and confirm
that your office has procedures to protect weapons of mass
destruction and other sensitive information. Your IRO. will
provide your response to Information Management Services, CIO
(IMS/CIO), the CIA's focal point for this action. IMS/CIO will
consolidate all the responses and prepare the CIA's response.
2. On 19 March 2002, the DCI received a memorandum from the
Assistant to the President (Reference A) providing direction on
safeguarding information that might be useful to terrorists. The
memorandum charges agencies to safeguard nuclear, radiological,
chemical, and biological information, as well as other sensitive
information that could be misused to harm the security of the
United States.or its citizens. Although the appropriate steps
for safeguarding such information will vary, the guidance
provided by the Information Security Oversight Office (ISOO) and
the Department of Justice, which is also attached, should assist
in your undertaking a reexamination of current measures for
identifying and safeguarding WMD and other sensitive information.
This guidance allows agencies to keep sensitive or WMD
information classified; to reclassify previously declassified
sensitive or WMD information that has never disclosed to the
public; and, on a case-by-case basis, to consider classifying
information that has never been disclosed to the public, if it
meets the classification standards of Executive Order (EO) 12958.
UNCLASSIFIED//FO
 UNCLASSIFIED//FOUL
SUBJECT: Review of Procedures and Holdings of
Documents to Ensure Protection of Weapons
of Mass Destruction and Other Sensitive
Information Related to Homeland Security
...,~-1~j W-LLLl vuiet agencies
and ISOO to ensure t e revised EO 12958 "Classified National
- - - - - - - - - - - - - - - - - -
Intelligence Information" includes reclassification authority
and enhanced language to safeguard WMD and other sensitive
information. Any additional guidance developed or received
will be shared with you.
4. Please advise your.IRO by 22 May 2002 of the status
of your reexamination and confirm that you have procedures to
carefully review sensitive information prior to its release.
If you need classification management, records management, or
review/release guidance and assistance as you consider this
guidance and your procedures, please engage your IROs and
Information Management Officers. If you have specific questions
about this request, please contact your IRO or on
extension Thank you for your assistant wi is
reexamine request.
UNCLASSIFIED/
 UNCLASSIFIED//FOUR
SUBJECT: Review of Procedures and Holdings of
Documents to Ensure Protection of Weapons
of Mass Destruction and Other Sensitive
Information Related to Homeland Security
UNCLASSIFIED//
 Reference A
 UNCLASSIFIED
UNCLASSIFIED
 THE WHITE HOUSE
WASHINGTON
March 19, 2002
MEMORANDUM FOR THE REAMS-OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM : ANDREW- H. CARD,
Assistant to the President
and Chief of 'Staff
SUBJECT: Action to Safeguard Informatidn.Regarding Weapons
of Mass Destruction and Other Sensitive Documents
Related to Homeland Security
As noted in many discussions. during the past several months,
you and your department or agency have an obligation'to .
safeguard Government records regarding weapons of mass destruc-
tion. Weapons of mass destruction include chemical, biological,
radiological, and nuclear weapons. Government information,
regardless of its age, that could reasonably be expected to
assist in the development- or use. of weapons of mass destruction,
including information about the current locations of -stockpiles
of nuclear materials that could be exploited for use in such
weapons, should not be disclosed inappropriately.
I asked the Acting Director of the Information Security Oversight
Office and the Co-Directors of the Justice Department's Office
of Information and Privacy to-prepare guidance for reviewing
Government information in your department or agency, regarding
weapons of mass destruction, as well as other information that
could be misused to harm the security of our Nation and the
safety of our people. Their guidance is-attached, and it should
be distributed to appropriate officials within your department
or agency, together with this memorandum, to assist in your
undertaking.an immediate reexamination of current measures for
identifying and safeguarding, all such information at your
department or agency.'
All departments and agencies should review their records
management procedures and, where, appropriate, their holdings of
documents to ensure that they are acting in accordance with the
attached guidance. They should report the completion, or'status,
of their review to my office through, the Office of Homeland
Security no later than 90 days from the date of this memorandum.
 If agency officials need assistance in determining the
.classification status of,records related to the development
or use of weapons of mass destruction, they should contact
the Information Security Oversight Office, at 202-219-5250.
For assistance in determining the classification of nuclear
and radiological weapons classified tinder the Atomic Energy
Act, --they. -should -con-tact--the Depa-r-tment .of Energy.'-s-Ofri-ce.- - -
of Security, at 202-586-3345. If they need assistance in
applying exemptions of the -Freedom -of. Information Act (FOIA)
to sensitive but unclassified information, they should contact
the Justice Department's Office of Information and Privacy
(OIP), at 202-514-3642, or consult OIP's FOIA Web site at
www.usdoj.gov/04foia/index/html.
 In, formation .Security Oversight Office
700 Pennsylvania Avenue NW Washingt rn, DC 20408
March 19,- 2002
MEMORANDTJM FOR DEPARTMENTS AND AGENCIES
FROM : TTTD A
L.S. KIMBERLY
Acting Director
Information Security Oversight Offira
CHARD L. HUFF
Office of information and Privacy
Department of Justice
o-Directors
DANIEL J. METCALFE
SUBJECT: Safeguarding Information Regarding Weapons of-Mass
Destruction and Other Sensitive Records Related to
Homeland Security
At the request-of the Assistant to the President and Chief of
Staff, we have prepared this memorandum to provide guidance for
reviewing Government information regarding weapons of mass
destruction, as-well-as other information that could be misused
to harm the security of our nation or threaten public safety: It
is appropriate that all federal departments and agencies consider
the need to safeguard such information on an ongoing basis and
also upon receipt of any request for records containing such
information that is-made under the Freedom of Information Act
(FOIA), 5 U.S.C. ? 552 (2000). Consistent with existing law and
policy, the appropriate steps for safeguarding such information
will vary according to the sensitivity of the information
involved and whether the information currently is classified.
1. Classified Information
? If the information currently is classified and is'equal to* or
less than 25 years old, it should remain classified in
accordance with Executive Order .12958, Sec. 1.5 and Sec. 1.6.
Although classified information-generally must be declassified
.within.10 years of its original classification, classification
or reclassification may be extended for up to. 25 years in the
case of information that could reasonably be expected to
"reveal information that would assist in the development or
use of weapons of mass destruction." Id., Sec. 1.5(d)(2).
 ? If the information is more than 25 years old and is still
classified, it should remain classified in accordance with
Executive Order 12958, Sec. 3.4(b)(2), which authorizes agency
heads to exempt from automatic declassification any "specific
information, the release of which should. be" expected to .
reveal information that would assist in the development or.use
of weapons of mass destruction." (Agencies should note that
the automatic declassification date for any classified
in over 25 years old that involves the equities of
more than one agency was extended until April 2003 by -
Executive Order 13142. Agencies have until then to exempt
such information from automatic declassification under any one
of the pertinent exemption categories'in Executive Order
12958, Sec. 3.4(b).)
In this regard, agencies should note that-Department of
Defense. (DOD) information that involves the equities of more
than one DOD component is considered to have multi-agency
equities. Information maintained by the Defense Technical
Information Center (DTIC)'or the National Archives and Records
Administration (NARA) also is deemed to have multi-agency
equities, ?i.e., those pertaining to DTIC or NARA and those
pertaining to the component agency or agencies that created.
the information.
II. Previously. Unclassified or Declassified Information
? If the information, . regardless of age, never was' classified
and never was disclosed to the public under F`oper authority,
but it could reasonably be expected to assist in the
development or use of weapons of mass destruction, it should
be classified in accordance with Executive Order 12958, Part
1, subject to the provisions of sec. 1.8(d) if the information
has been the subject of an access demand (or Sec 6.1(a) if the
information concerns nuclear or radiological weapons).
?' If such sensitive information, regardless of age, was
classified and subsequently was declassified, but it never was
disclosed to the public under proper authority, it should be
reclassified in accordance with Executive Order 12958, Part 1,
subject to the provisions of Sec. 1.8(d) if the information
has been the subject of an access demand (or Sec 6.1(a) if the
?information concerns nuclear or radiological weapons).
III. Sensitive But Unclassified Information
In addition to information that could reasonably be-expected to
assist in the development or use of-weapons of mass destruction,
which should be classified or. reclassified as described in
 Parts I and II above, departments and agencies maintain and
control sensitive information related to America's homeland
security that might not meet one or more of the standards for-
classification set forth in Part 1 of Executive Order 12958. The
need to protect such sensitive information from inappropriate
disclosure should be carefully considered,. on a case-by-case
basis, together with-the benefits that result from the open and
efficient exchange of.scientific, technical, 'and like
information.
All departments and agencies should ensure-that-in taking
necessary and appropriate actions-to safeguard sensitive but-
unclassified information related to America's homeland security,
they process any Freedom of Information Act request for records
containing such information in accordance with the Attorney
General's FOIA Memorandum of October 12, 2001, by giving full and
careful consideration to all applicable FOIA exemptions. See
FOIA Post, New Attorney General FOIA Memorandum Issued
10/15/01) (found at www.usdo ' ; (pos.ted
-ZOOl~foiapostl9.h ~ gov/oip/foiapost/
tm), which discusses and provides electronic
links to-further guidance on the authority available-under
Exemption 2 of the FOIA,.5 U. S . C. ? 552(b)(2), for * the protect-ion.
of sensitive critical infrastructute.informat.on. In the case of
information-that is voluntarily submitted'.to the Government: from
the private sector, such,informatioh may readily fall within the
protection 'of Exemption 4 of the FOIA, 5 U.S.C. ? 552(b)(4).
As the accompanying memorandum from the Assistant to the
President and Chief-of Staff indicates, federal departments and
agencies should not hesitate to consult with the Office of
Information and-Privacy, either with general anticipatory
questions or on a case-by-case basis as particular matters arise,
regarding-any FOIA-related. homeland security issue. Likewise,
they should consult with the Information Security oversight
Office on any matter pertaining to the classification,
declassification, or reclassification of information regarding,
the development or use of weapons of mass destruction, or with
the Department of Energy's Office. of Security concerns nuclear. or radiological weapons. ~f the information
 Reference B