LETTER TO HONORABLE STANSFIELD TURNER FROM JAMES B. RHOADS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP81-00142R000600050001-3
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
24
Document Creation Date:
December 14, 2016
Document Release Date:
October 7, 2002
Sequence Number:
1
Case Number:
Publication Date:
December 19, 1978
Content Type:
LETTER
File:
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CIA-RDP81-00142R000600050001-3.pdf | 1018.79 KB |
Body:
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1L~~ Administration Records Service Washington, DC 20408
DEC 19 1978
Honorable Stansfield. Turner
Director
Central Intelligence Agency
Washington, DC 20505
Dear Admiral Turner:
As you know, Executive Order 12065, National Security Information, became
effective on December 1, 1978. Section 3-402 of the Order requires the
heads of certain agencies to issue guidelines within 180 days for the
systematic review of 20-year--old classified information under their
jurisdiction. That section also provides that the guidelines will be
issued after consultation. .with the Archivist of the United States.
In order for the National Archives to effectively carry out its respon-
sibilities under the Executive Order, it is essential that agencies
issue their guidelines by the May 31 deadline. Accordingly, I am
writing to you and to the heads of other affected agencies to urge
that you give this matter your immediate attention.
For your information, I am enclosing reproductions of any guidelines
issued by your agency under Executive Order 11652 and an outline of
the major topics which I feel must be covered in your systematic
review guidelines.
I have designated Mr. Edwin A. Thompson, Director of our Records Declas-
sification Division, as the person responsible for consulting with all
agencies preparing systematic review guidelines under Executive Order
12065. Mr. Thompson's telephone number is 523-3165. The person or
group in your agency responsible for development of the systematic
review guidelines should contact Mr. Thompson in the next few weeks
to schedule an initial meeting.
Sincerely,
JAMES B. RHOADS
Archivist of the United States
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14 N OV 1978 >' r
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M WAN 4 FOR: Acting Deputy Director for Administration
FRIN
Chief, Information Systems Analysis Staff
SU'BJEGT : Implementatian of E.O. 12065 (U)
Attached under the following tabs are the proposed basic
documents developed by the Classification/Declassification,
Markings and Training Task Forces for implementing E.O. 12065:
Tab A - Regulation
Tab B - Implementation Handbook
Tab C - Issues Paper
Tab D - Waivers Paper
(U) All of the information submitted has been reviewed by a
committee consisting of the Chairmen of the above cited Task Forces,
an OGC representative and the Chief, Information Systems Analysis
Staff. In addition, a representative from the Office of Security
participated in the initial review of the handbook but was not
available for the final review of this item.
(U) The above material is now ready for review by your committee
and individual packages are included for distribution to each
der under a memoram mi for your signature.
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1s1
A/
Classih s ca ion Tra Task -TUr'Ce
Task Force
MrKlngS Task Force
Office of General. Counsel
Representative
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14 iOV1978
MEMORANDUM FOR: Deputy Director for Operations
(Attention: Eloise Page)
Deputy Director for Science and Technology
(Attention: Ernest J. Zellwer)
Director, National Foreign Assessment Center
(Attention: Sayre Stevens)
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general Counsel
(Attention:
FROM : Michael J. teal an i ck
Acting Deputy Director for Administration
SUBJECT: Implementation of E.D. 12065
Attached for your review are the followir documents developed by
the Classiflcation/Decia!gfication, Markings and Training Task Forces
for the proposed implementation of E.O. 12065:
Tab A - Regulation - Responding to the new requirements
contained in E.O. 12065 will require that chances
be made in a number of existing Agency regulations.
Because of the time frame involved, only those items
considered to be of prime importance have been
addressed and are ready for approval at this time.
Tab B - I lamentation Handbook - Except for two noted
exceptions. handbook that has been developed
should contain all the information Agency employees
need to understand and implement the requirements
established by E.O. 12065.
The two exceptions cited above are mandatory
review, which is covered briefly in paragraph 16
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nc si ied when Detached
C0ri!,
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SUBJECT: Implementation of E.O. 12065
Distribution:
One - Each Addressee
I - DDA Subject
I - ODA Chrono
I - AI/DDA
I - C/ I SAS
I - RAB Subject
I - RAS Chrono
00A/ISAS ad (14 November 1978)
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STATINTL
STATINTL
STATINTL
ISSUES PAPER
A. Centralization of Authority
One of the aims in the drafting of
centralize to the optimum, responsibility for implementing and directing
the program required by the new Executive Order. As a result, the
following officials have been identified as having responsibility for:
Deputyy Director for Administration
- Conducting an active Oversight Program to ensure
effective implementation of E.O. 12065.
I _I Chairing an Agency committee with authority to act
on all suggestions and complaints with respect to the Agency's
administration of the Information Security Program.
Assistant for Information to the Deputy Director for Administration
I
Oversight Office.
Agency Security Classification Officer/ISAS/DDA
STATINTL
Paragraph 8.b - Serving as the focal point for all
Agency component requests for Top Secret, Secret, Confidential
and Derivative classification authority, including the preparation
of consolidated submissions for DCI approval of those requests for
Top Secret authority considered to be adequately justified.
Paragraphs 12B, footnotes 1 and 3; 1261, footnotes 1 and 3;
1262, footnote 1; and 12G1 - Approving any alternative methods
of marking.
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- Maintaining liaison with the Information Security
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Although some questions were raised on the proposed role of
the Agency Security Classification Officer, it was considered that
centralized control is required in both of the above areas to
ensure that uniform practices are followed and to enable the Agency
to meet the accountability requirements of E.O. 12065.
D. Markings - Paragraph 12b(l)(2) and g(2)
1. Markings Required on Face of Paper Copies
Paragraph 12b(l) deals with markings that "shall be shown
on the face of all paper copies of originally classified
documents at the time of origin". This requirement caused
particular problems for NFAC and DDS&T who for aesthetic
reasons print all markings (except level of classification
on the inside front cover. We have allowed for this to
continue; however, it is in conflict with the Order.
2. Unique Identifiers
The classification markings proposed for original or
derivatively classified documents may, because of their
uniqueness, tend to identify any document so marked as
being of CIA origin. The only apparent solution for this
problem would have been for the Intelligence Community, or
the Government as a whole, to have agreed upon the use of
standard classification markings. This situation was not
considered to be any more serious than the similar situation
under E.O. 11652 when the Agency used the unique abbreviation
"E 2 IMPDET" when State Department, for example, used "XGDS2".
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C. Forms - Paragraph 12G4
Specifies that existing stocks of pre-marked forms may be
used until depleted or until 1 December 1979, whichever is sooner.
E.O. 12065 does not allow for such actions; but to revise, print and
issue the approximate one thousand pre-marked forms currently in use
was, in addition to the costs involved, considered to be an
administrative impossibility.
D. Category g Items - Paragraph 9g
Classification requirements category (g) - "other categories
of information which are related to national security and which require
protection against unauthorized disclosure...".
Several Directorates submitted items to be classified under
the above cited "catch all" category provided for in E.O. 12065. The
drafters of 0 felt strongly that except for personal jeopardy,
all other items submitted could and should be covered under one of
the other a through f categories of the Order. Failure to do so, it
was felt, would generally weaken the entire Classification Guide
package and bring the Agency into direct conflict with ISOO over this
issue. As a result, the decision was made to exclude the items in
question from being placed under category g and raise this action as an
issue requiring final resolution.
E. Handbook
There was not total agreement among the four task forces
created to deal with E.O. 12065 as to whether procedures dealing
with the implementation of the new order should be published as a
separate handbook or be made a part of other Regulatory Issuances.
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Three task forces (Markings, Classification/Declassification/Mandatory
Review, and Training) felt that the use of a single handbook which was
entirely devoted to the implementation of the new order would provide
the ultimate user with the most convenient and most readily useable
source information on the entire subject.
The Safeguarding Task Force felt that a separate handbook was
not the best approach and opted for publishing their procedures in
other Regulatory Issuances.
The end result is that the proposed handbook deals in detail
with all aspects of implementing the new order except for safeguarding.
Safeguarding has been included as a separate chapter but will only refer
to the appropriate Agency Regulations where specific information can
be found.
F. In the following three instances, the proposed CIA implementing
directives impose more restrictive operating procedures than those
required by E.O. 12065.
1. Paragraph 12b(2) -
Requires that the identity of all employees exercising
derivative classification authority be noted on each document
they classify through use of an employee number or other
approved identifier. This requirement is considered necessary
to ensure that individuals exercising derivative classification
authority be held responsible for their actions.
2. Paragraph lle -
It is proposed that when Classification Guides are approved
and issued, original classifiers use their original classification
authority only when applicable Classification Guides do not
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cover the information being classified.
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3. Paragraph llg -
Requires that the DDCI approve the application and use of
the four Classification Guides as the Central Intelligence
Agency Classification. Guide, although the Executive Order
allows for approval by any official with Top Secret classification
authority.
Such approval by the DDCI is considered necessary to establish
that the Agency has an official Classification Guide; that all parts
of this Guide are as consistent as possible; and that all problems
associated with the development and use of Classification Guides
are resolved as quickly as possible.
G. Availability and Use of All Classification Guides throughout
the entire Agency - Paragraph ll.i.
It is recognized that certain portions of the Classification Guides
may be considered so sensitive by the originating component that their
distribution to, or use by, other components of the Agency should be
restricted. Therefore, it may become necessary to establish some type
of mechanism to handle the needed exchange of Classification Guides
throughout the Agency.
H. Which Employees Will be Authorized to Use Classification Guides -
Paragraph 6.d.
Because the unrestricted use of Classification Guides by all
Agency employees does not seem prudent, it is proposed that Directorates
and Independent Offices will have to determine within their jurisdiction
those individuals who have a legitimate need to exercise derivative
classification authority. Furthermore until 1 April 1979 Paragraph lld
restricts the use of Classification Guides to only those individuals
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having original classification authority.
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I. Where and when will responsibility be placed, within CIA and
the Intelligence Community, for developing the special procedures for
systematic review and declassification of classified information concerning
the identities of clandestine human agents that the Director of Central
Intelligence may establish?
J. When will SECOM provide the procedures required for SCI?
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WAIVERS PAPER
1. Executive Order 12065 requires that each classified document
indicate which of its paragraphs or other portions, including subjects
and titles, are classified and which are unclassified. The intent is to
eliminate uncertainty as to which portions of a document contain information
that must be protected, and to facilitate excerpting and declassification
review. The symbol "(TS)" for Top Secret, "(S)" for Secret, "(C)" for
Confidential, or "(U)" for Unclassified is to be placed immediately
following the portion of text to which it applies.
2. The ISOO implementing directive provides that if individual
portion marking is impracticable the document must contain a description
sufficient to identify the information that is classified and the level
of its classification. This alternative method of portion marking can
be accomplished by including a statement as the last paragraph of the
document or as a footnote, e.g., "Paragraphs 1, 2, and 4 are Secret, all
other portions Unclassified", or if the entire document is classified at
the same level, "All portions of this document are (Classification)".
3. Waivers from these mandatory portion marking requirements may
be granted only by the Director, ISOO. The attached ten requests for
waivers were submitted by the directorates to the Markings Task Force,
whose recommendations are set forth below. In summary, the task force
recommends that one waiver request be forwarded to ISOO, and that eight
waiver requests not be forwarded--five because they are not necessary,
and three because they are not justifiable. The task force could not
reach a decision on one waiver request.
a. DIRECTORATE OF ADMINISTRATION
ADP Data Bases and Computer Generated Reports
RECOMMENDATION: That this waiver request be forwarded
to ISOO.
b. NATIONAL FOREIGN ASSESSMENT CENTER
(1) President's Daily Brief
RECOMMENDATION: The Markings Task Force could not reach
a decision on this waiver request. It was recognized
that the lack of portion marking in the PDB would cause
fewer. problems than with other reports, since the PDB
receives very limited dissemination and is not used as
the basis for classifying other documents. It was also
recognized that portionmarking the PDB would be difficult
because of its tight production schedule; but some task
force members believed that portion marking would be
CONFIDENTIAL
Unclassified When Detached
from Attachments
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practicable. Finally, it was recognized that portion-
marking the PDB might cause some slight delay in getting
the report to the President; but on the other hand, it
was the President who signed Executive Order 12065, and
exempting the PDB could easily be construed as the President
exempting himself from his own rules.
(2) National Intelligence Estimates
(3) Certain Short Deadline Papers
RECOMMENDATION: That these waiver requests not be forwarded
to ISOO. A waiver is not justifiable. The Markings Task
Force believed that these documents should be portion marked.
c. DIRECTORATE OF SCIENCE AND TECHNOLOGY
(1) Special Compartmented Information
RECOMMENDATION: That this waiver request not be forwarded
to ISOO. A waiver is not justifiable. The Executive Order
makes no special provision regarding the portion marking of
special access program information as to its classification
.level. Even if the separate parts or portions of SCI material
are not subject to being treated outside the special access
channel, they must be marked for use within such channel.
(2) Translations of Original-Language Classified Documents
RECOMMENDATION: That this waiver request not be forwarded
to IS00. A waiver is not necessary. A direct translation
need only carry forward the protection provided for in the
source document.
(3) Preprinted Forms
RECOMMENDATION: That this waiver request not be forwarded
to ISOO. A waiver is not necessary. The Agency's record
copy file for each form will indicate which items are the
basis for its classification. Each form is itself the
segregable portion of a larger data base.
(4) Serial Publications and Other Analytical Reports Based
on Foreign Media
RECOMMENDATION: That this waiver request not be forwarded
to ISOO., A waiver is not necessary. Portion marking of
these documents can be accomplished by the alternative
method of stating on them that "Each individual portion of
this document is unclassified."
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d. DIRECTORATE OF OPERATIONS
(1) Foreign Intelligence Information Re_orts
(2) Internal Operational Correspondence
RECOMMENDATION: That these waiver requests not be forwarded
to ISOO. A waiver is not necessary. Portion marking of these
documents can be accomplished by the alternative method of
stating on them that "all portions of this document are
(classification level)", if this is indeed the case.
CONFIDENTIAL
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PROPOSAL FOR
WAIVER FROM PORTIONAL MARKING REQUIREMENT
1. An ADP data base will be classified as an entity
using criteria in Section 1-3. All reports from a data base
will carry the same classification and be marked in accord-
ance with Section 1-501. Text files containing paragraphs
that will be used in producing documents must be portionally
marked.
2. Computerized data bases contain data that range from
unclassified through Top Secret. The resources required to
portionally mark each data item, keep such a data element
current (the classification of the data changes with circum-
stance and to automatically classify reports based on the
classification of those data items is substantial. The cost
of doing this is not in the public interest.
3. Often data bases include individual items that when
processed or reported together have a higher degree of clas-
sification. The computer technology is not such that we can
identify and program all such relationships so that computer-
generated reports using such data can be properly classified.
The same determination used in classifying a computer data
base is used for classifying reports derived from that data
base.
4. Computer reports are generally only disseminated in-
ternally to the Agency and they are used for administrative
and research purposes.
5. Documents produced using data from a computer data
base will be classified under the same criteria'as the data
base.
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P 1976
MEMORANDUM FOR: Chief, Information Systems
Analysis Staff, DDA
FROM: Eloise R. Page
Acting Associate Deputy Director for Operations
SUBJECT: Implementation of Executive Order 12065
--- Classification Waiver Possibility
REFERENCE- ADDA Memorandum for the DDO,
Dated 19 September 1978, Same Subject
It is requested that a waiver from the requirement for portion
classification marking be requested from the Director of the Information
Security Oversight Office in accordance with paragraph 1-504 of Executive
Order 12065 for the following classes of documents originated by the
Directorate of Operations:
1. Foreign Intelligence Information Reports.
a. These reports provide original data collected in
response to the expressed needs of the Intelligence Community.
Each report carries an unclassified identification number.
These reports are on a single subject and normally from a
single clandestine foreign source or cooperating U. S. citizen.
Exposure of the information itself or unprotected reference
to the existence of the information in U. S. Government pos-
session can jeopardize the source or his ability or willingness
to continue to provide information. Because of the inseparability
of the information from the sensitivity of its method of collection,
these reports should be classified as whole documents.
b. Furthermore, because these reports provide original
data used in the production of finished intelligence, they are
subject to indexing, filing and incorporation in computerized
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information handling systems in receiving offices and agencies.
Compilations of such data can reveal much concerning the
ability of the Directorate of Operations to collect and report
foreign intelligence. For that reason, the entire report
must be protected by a single classification to prevent the
creation of unclassified indexes or files in receiving agencies.
c. Original dissemination of these reports is made
selectively on a need-to-know basis. Individual reports may be
limited to a very few individuals in Washington while others
may he transmitted to Intelligence Community agencies in
Washington and overseas to selected U. S. embassies and
U. S. military commands.
d. Because these reports contain information collected
in response to the expressed needs of the Intelligence Community
and because they may concern almost any country and almost
any subject,they may form the basis for classification for many
intelligence publications. It should be recognized, however,
that intelligence publications most often draw on information
from many agencies and as a consequence Directorate of
Operations reports very frequently do not constitute the sole
basis for their classification.
2. Directorate of Operations Internal Operational Correspondence.
a. This is correspondence between various elements
of the Directorate in the U. S. and overseas concerning manage-
ment, operations and administration of the Directorate. (By
definition this kind of correspondence does not contain foreign
intelligence which is disseminated to other agencies.) Each
piece of correspondence carries an identification number. The
whole of this correspondence concerns intelligence activities,
sources or methods.
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b. This correspondence, whether transmitted in
hard copy or electrically, is disseminated only within CIA and
is very largely confined to the Directorate of Operations.
c. This correspondence, by itself, does not form the
basis for classification of other documents.
STATINTL
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MEMORANDUM FOR: Chief, Information Systems Analysis
Staff, DDA
Associate Director-Management, NFAC
SUBJECT : Classification Waiver Request
REFERENCE Memo from Associate Deputy Director
for Administration, dtd 19 Sept 78,
to Multiple Add'ees
NFAC requests a waiver from the portion classi-
fication requirement of E.O. 12065 for the following
publications:
(1) The President's Daily Brief. This
publication is read only by the President,
the Secretary of State, the Secretary of
Defense, and the President's Assistant for
National Security. Many diverse sources
are used to compose the contents, often
under extreme deadline pressure late at
night. The few recipients have no need
to be informed of the separate classifi-
cations, if any, of the component parts.
The classification of material in the
PDB is not used as the basis for classifying
other documents.
(2) National Intelligence Estimates.
The nature of these documents, as much as
the sources of the component parts, often
determines the classification. NIEs
represent the judgments of the DCI and the
Intelligence Community, and have security
significance as such. Portion classifi-
cation could therefore be misleading:
components would bear a classification
either reflecting only the source material
but not the significance of the conclusion
drawn.or, conversely, reflecting the
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judgment but implying that the source
material dictated the classification.
The NIEs are disseminated to a restricted
elite list of customers, depending on
the subject and any special controls.
Judgments and information in NIEs may
form a basis for classifying other
documents such as NSC studies.
(3) Certain short deadline aers.
On occasion, it is necessary for NFAC
to prepare short analytical papers or
biographic profiles for policymakers
who set deadlines of only a few hours.
Rechecking sources of individual elements
to separately classify portions could
imperil our meeting the requests on
time. Such papers are targeted to a
few designated consumers--sometimes only
one--and would rarely be the basis for
classification of other documents.
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Distribution:
Orig - Add'ee
1 - AD-M/NFAC
1 - NFAC Registry
I - D/OCR
1 - C/CRG
(Regs Admin
ISAS/RAB)
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2 7 SEP 1978
DDS&T- 4723- 78
MMEMORANI)UM FOR: Chief, Information Systems Analysis
Staff, DDA
SUBJECT Implementation of EO 12065 - Classification
Waiver Possibility
RI;F[:RENCE A/DDA Memo 78-3659, Dated 19 September 1978
Attached is the DDS&T request for exemptions from
I7ortion. classification marking per Reference.
STATINTL
Executive Officer
Directorate of
Science and Technology
Attachment:
As stated
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DDSFFT Classification Waiver Request
The DI)S$T requests the following be exempted from
portion classification marking under Section 1-504 of
NO 12065:
1L. All classified information (so defined in EO 12065)
to include documents, equipment, film, visual aids, tapes
and other recordings, which is further protected by special
access programs in accordance with EO 12065, Section 4-2.
The EO 12065, Section 4-2 recognizes a requirement
.for the establishment of "special access programs.. .for the
protection of particularly sensitive classified information...
The order further states that the special access programs are
permitted when "normal. management and safeguarding procedures
are not sufficient to limit need-to-know or access. . .and the
special access controls balance the need. to protect the
information against the full spectrum of needs to use the
information."
Explicit recognition by the Executive Order of
categories of classified information which must be further
restricted for access, distribution, and protection in
special controlled channels clearly implies that because
or the nature and sensitivity of such information its
separate parts or portions are not subject to being treated
outside of the special access channel.
As a result the usefulness of portion classification
"in order to facilitate excerpting" (Section 1-504) does not
apply to classified information protected in special access
programs or channels.
2. All translations of original-language classified
documents, except those where the original-language
document uses portion classification. Translators have no
knowledge on. which to judge portion classification.
3. All pro-printed forms which provide for classifica-
tion when filled in. Examples of such forms are travel
requests, financial vouchers, and fitness reports.
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:Pre-printed forms are used to expedite actions and
provide for efficient and economical operations in the
conduct of business. Pre-printed forms normally replace
explanatory memorandums, often-of a repetitive nature. To
classify each line or block in a form is unnecessarily
burdensome, may require a complete redesign of a large
number of forms at a high cost and since forms are basically
used for a single purpose do not lend themselves to
excerpting for other uses.
STAT
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