MINUTES OF MARCH 7, 1973 MINUTES OF THE INTERAGENCY CLASSIFICATION REVIEW COMMITTEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77-00389R000100080015-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: February 25, 2002
• Sequence Number: 15
• Publication Date: March 15, 1973
• Content Type: MIN

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THE WHITE HOUSE
WASHINGTON
March 15, 1973
MINUTES OF MARCH 7, 1973
MINUTES OF THE INTERAGENCY CLASSIFICATION
REVIEW COMMITTEE
Participants: Chairman John S. D. Eisenhower
. Robert T. Andrews - Defense
Charles N. Brower - State
Lawrence R. Houston - CIA
Charles L. Marshall - AEC
James B. Rhoads - Archives
Leon Ulman - Justice
STATINTL Attending:
Fredericka Paff - Justice
Mark A. Spiegel - State
Richard C. Tufaro - Domestic Council
Proceedings:
Ambassador Eisenhower began by describing his meeting at the National
Archives of the previous day with the Associated Press Managing Editors
Association. This meeting had been requested, at the suggestion of
Herbert Klein, by Wendell C. Phillippi of the Indianapolis News and
President of the Association. Ambassador Eisenhower said the
meeting with these representatives of the press had been congenial.
Dr. Rhoads and Dr. O'Neill briefed the gathering of reporters on the
efforts by the Archives to declassify its voluminous World War II
holdings by 1975. Dr. Rhoads said he believed the group left the meet-
ing with a better appreciation of the magnitude of the declassification
task. It was pointed but that the interview was given on an off the record
basis. Ambassador Eisenhower said it would be preferable to have it
on the record in order to publicize the work of the Committee. Mr. Tufaro
said he would call Mr. Phillippi to advise him that the meeting could be
treated as on the record.
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Ambassador Eisenhower then turned to the following items which
are numbered to accord with the agenda:
1. Since.there were no additions or deletions, the minutes of the
January meeting were approved by the Committee. Mr. Houston
asked if he could briefly introduce an item of pending business,
namely, the Associated Press request for the declassification of
CIA documents related to the overthrow of Guatemalan President
Arbenz. He gave the Chairman a copy of a letter from Dr. Schlesinger
to Mr.. Ehrlichman, explaining that the Agency would re-consider the
request and attempt to accomodate the Associated Press without com-
promising its sources and methods of intelligence gathering. Ambas-
sador Eisenhower agreed to permit withdrawal of the appeal from the
Committee agenda.
2. Mr. Brower outlined some of the problems involved with application
of the 30 year declassification rule to documents originated by foreign
governments. In conversations with the embassy representatives of
various foreign governments, particularly Great Britain, State
Department officials have learned that these governments are concerned
about the disclosure of their classified information by the United States
after only 30 years when the same information may remain classified
in the country of origin for perhaps 50 years ox more. The Executive
Order provides that the only documents which may be exempted from
the 30 year rule are those which have been extended by a personal
determination of the Department Head. State Department holdings of
classified documents originated by foreign governments are so volu-
minous that it would be physically impossible for the Secretary of State
to personally consider them on a case-by-case basis. Mr. Brower
proposed that the solution to this problem may be an amendment to
the Order stating that sensitive foreign documents may be exempted
from the 30 year rule and remain classified until released by the
foreign government without a personal determination by the Department
Head. Otherwise it seems that foreign governments will have to make
a decision whether to share their classified information with the
United States in light of our 30 year declassification rule. As Mr. Brower
pointed out, it is obvious that these governments will be reluctant to con-
fide in the United States under such terms and our access to the
sensitive information of foreign countries will diminish considerably.
Dr. Rhoads stated that both the British and Canadian governments are
operating under a 30 year rule although documents of a very sensitive
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nature, similar to our exempt documents, are being exempted from
declassification. Moreover, the British and Canadians have declassi"
fied most of their World War II documents. Since the British exemption
standards are applied on a basis similar to that of the United States, it
seems that some sort of reciprocal agreement can be arranged which
would be more useful than adoption of a strict 50 year rule.
Mr. Houston concurred in Dr. Rhoads' judgment, saying that the British
have cleared much intelligence material for release. Mr. Marshall,
.however, noted that the AEC has in its possession certain British
documents relating to the Manhattan District project which cannot be
released for an indefinite period of time.
Mr. Tufaro asked whether the Departments have made a blanket assump-
tion that all foreign classified material is exempt from the General
Declassification Schedule. The representatives of State and AEC replied
that this is not the case. On all classified documents submitted to the
United States by foreign governments our government is apprised of the
wishes of those governments with respect to their confidentiality.
Mr. Tufaro said that it would be unreasonable to give a blanket extension
to the 30 year rule. It would be preferable to give separate considera-
tion to that sensitive portion of foreign material which warrants
classification beyond the 30 year limit. Mr. Brower reminded the
Committee that the authority to withhold material in this manner is not
presently contained in the Executive Order. The language of the Order
would have to be amended to permit this type of exemption.
Ambassador Eisenhower suggested that the solution to the problem
might be a liberal interpretation of the existing language of the Order
to allow delegation of the Department Heads' responsibility for deter-
mining whether foreign classified documents warrant exemption from
the 30 year rule. Mr. Ulman, however, thought that amendment of the
Executive Order is the clearest way to handle the problem because it
would leave no doubt as to the existence of authority to withhold such
documents if a test case arises. It was the sense of most of the group
that a liberal interpretation of the power of Department Heads to exempt
from the 30 year rule is the better option. It was then suggested that
additional study of the problem is also needed and that a subcommittee
should discuss it further and present recommendations to the Committee.
It was decided that _of_f_iq.ials_ the State Department, the National
Arch fives and the CIA should form a subcommittee to be chaired by
Mr. Tufaro.
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3. Mr. Tufaro noted that the draft Progress Report has an inconsis-
tency between the figures quoted in the body of the report and those in
the appendix. This is due to the fact that the appendix incorporates
figures from the most recent quarterly reports while those in the
body of the report are from the October 1972 quarterly reports. He
said that the earlier figures will be changed to reflect the latest
reports.
He went on to say that the positive accomplishments of the declassifica-
tion program which are contained in the Progress Report make it
worth publicizing. He asked the Committee members. to submit
specific comments in writing if they wish to make changes in the
content of the report. In reply to one question, it was noted that the
addressee of the report would be the President. Mr. Andrews
suggested that the report should be viewed with two considerations in
mind. First, the Moorhead Committee would probably want to examine
it. Second, the question of executive privilege could become involved
on the ground that it is a Presidential advisory paper. Mr. Brower
said that he does not believe executive privilege would be a problem
with this report.
.4. Ambassador Eisenhower turned the discussion of this item over
to Mr. Tufaro. With regard to the quarterly reports, Mr. Andrews
stated that the Defense Department's objections to the Report of
Classification Abuses had not been reflected in the final drafts. The
Defense Department believes this report should be limited to repeated
or intentional classification abuses. As presently drafted the report
would cover every instance of technical violation. Mr. Tufaro replied
that the instructions state that it is only necessary to report those
abuses which are discovered in connection with a departmental
inspection program. He also pointed out that it is impossible to
detect the repeated abuser unless a record is kept of individual viola-
tions. Mr. Andrews then_gAked if it is necessar to submit the names
of classification abusers to the IC. Mr. Tufaro responded that the
the Committee is not really interested in lists of na.~.but rather
just in ensuring that the Departments maintain their own records
reflecting the individuals' names. It was suggested that the require-
ment; for the submission of names of violators be dropped from the
quarterly report. Ambassador Eisenhower directed that the form for
reporting classification abuses be re-drafted to incorporate this change.
Mr. Andrews also reported that Defense is presently conducting a
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feasibility study on the statistical reporting requirement. He said he
hopes the report requirements can be re-considered in light of
Defense's findings on the cost feasibility. The Department does not
want to be charged by the Moorhead Committee with failure to follow
the rules. Mr. Tufaro said that everyone should keep in mind that
there is always the possibility of revising the quarterly reports if
they do not work well within the next year.
In response to a question from Mr. Ulman, it was noted that publication
.,.of the data index system and the quarterly reports in the Federal
Register is optional, but that the ICRC appeals procedures should be
published.
As to the current condition of the appeals procedures, it was reported
that they are in final form for publication with only the ICRC juris-
diction relative to the disclosure of intelligence sources and methods
remaining to be decided. Until this question is resolved, publication
of the procedures will be postponed.
Mr. Tufaro also asked whether Appendix B of the Progress Report
(the Order designating certain Federal officials with classification
authority) should be published in the Federal Register. The Committee
members agreed that it should be considered an expansion of Executive
Order 11652 and should be a matter of public record.
5. With respect to the current status of the World War II declassifica-
tio.n project, Mr. Tufaro reported that he had met with Alan Thompson
of National Archives and learned that NARS is experiencing difficulty
in expediting security clearances for the people involved in the project.
Examination of Top Secret documents requires a full field clearance
which takes 90 days for processing. By getting the World War II
material downgraded from Top Secret to Secret, processing time can
be reduced to about 30 days. It was agreed by the Committee members
that ICRC action on this should consist of a memorandum from
Ambassador Eisenhower to the Department Heads asking that Top Secret
material in the National Archives be downgraded to Secret.
New Business
1. Mr. Ulman asked if any of the Committee members had views on
whether it is possible to classify a document which should have been
classified 2 years ago and is presently the subject of Freedom of
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Information Act litigation. Mr. Brower replied that the State Depart-
ment has done this before, though under different circumstances. The
members of the Committee seemed to agree that as long as there has?I
been no disclosure of the material to date, classifying it now would not
be improper.
2. Ambassador Eisenhower told the Committee that it had been
suggested at his meeting with the press that some departments have
denied declassification requests on the ground of insufficient particu-.
larity when, in fact, the documents have been located. He said he was
shocked at this suggestion and told the reporters that he was certain
it is not occurring. He reminded the Committee members that the
ground of insufficient particularity should not be used as a reason for
denial when documents are being withheld because they warrant continued
classification.
3. Mr. Houston me.ntioned that the CIA has received a new declassifica-
tion request for OSS documents relating to the activities of a former CIA
agent. The Agency seems to have found a way to satisfy the requester
by answering his specific questions, but without furnishing documents
which might disclose sources or methods.
Ambassador Eisenhower adjourned the meeting. The next meeting will
be held on Wednesday, April 4 at 10:00 A. M.
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