LETTER TO STEVEN GARFINKEL FROM ROBERT M. WARNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00674R000100220021-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: July 25, 2007
• Sequence Number: 21
• Publication Date: March 24, 1981
• Content Type: LETTER

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Mr. Steven Garfinkel
Director
Information Security Oversight Office
General Services Administration
Washington, DC 20405
Dear Steve:
In response to your letter of 23 February, I am providing herewith some
suggestions for revision of the language of Executive Order 12065. The
enclosed suggestions concentrate on Section 3-4 "Systematic Review for
Declassification."
Three major changes are incorporated in these revision suggestions. The
first of these is done with very great reluctance. You will recall that we
strongly championed President Carter's proposal in 1977 to advance the
systematic review from 30 years to 20 years. We were convinced then, and
remain convinced, that a great deal of valuable historical information in
the custody of the National Archives could be released to the public in
that time frame. We were also aware, however, that such'an effort would.
require far greater resources than had been devoted to this program
between 1972 and 1978. Our resource requirements to neet the new 20 year
systematic review objective by 1988 were submitted to the Office of
Management and Budget every year since 1978 with only minor enhancements of
our personnel ceiling and appropriation. In view of the presently reduced
resources and those likely to be available to MARS in the foreseeable
future, we reluctantly recommend that this Government revert to the earlier
program of reviewing for declassification the records of continuing value
and the donated historical materials when they become 30 years old. This
change would permit us to develop an efficient and effective program to
review both U.S. and foreign Government originated classified information
at the same time.
We also recognize that certain agencies object to the existing requirement
for them to review records that are presently in their custody but which
are scheduled to be accessioned into the National Archives. The, language
changes suggested in Section 3-401 on the enclosed pages would remove this
burden from other agencies and make ongoing declassification review
exclusively a MARS program.
Review of records in the recent past under the 20 year systematic review
provisions of the present order has proved to be very burdensome and
frequently results in extensive withdrawal of records and costly coordi-
nation with responsible agencies. The second major change that we seek,
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therefore, is to grant the National Archives the authority to postpone the
systematic review requirement in those cases where we determine that the
entire series or subseries of records has a very high incidence of material
that would require withdrawal and continued protection. If we are permitted
to make such determinations, we will be able to concentrate our efforts on
those records of greatest public interest where we can realize a reasonable
return on the expenditure of our efforts and at the same tim- assure the
declassification of most 30-year-old records no longer requiring protection
In the interst of national security. Documents in file series and sub-
series that are set apart from 30-year systematic review would, of course,
be subject to review in response to Freedom of Information and Mandatory
Review requests. Such file series and subseries also would be reconsidered
for review as guidelines are modified and as additional guidelines are
received.
The third major change concerns extension of classification beyond 30
years. The present provision (extending classification beyond 20 years)
appears as a part of Section 3-4 "Systematic Review for Declassification."
This has caused delays and confusion because agency heads appear to be the
exclusive extension authority for documents encountered under systematic
review programs while other officials of those agencies are authorized to
extend protection for classified information requested under the Freedom of
Information Act and the Mandatory Review Provision of the order. By moving
this provision to follow the Mandatory Review Section and elevating it to
the status of a separate section the present anomaly can be eliminated.
We have also incorporated four minor changes in the language of the National
Archives proposals. In our opinion, the authority to extend protection
beyond 30 years should be delegated to a "senior agency official" and not
be limited to 'agency heads" as is now required under Section 3-401 of
Executive Order 12065. Agency heads, because of other responsibilities and
duties, are unable to act promptly on these matters and consequently cause
unnecessary delays in program management and day-to-day operations. Agency
heads are entirely dependent upon assistants or ccmmittees to make recom-
mendations in these matters'. We are convinced that by delegating this
responsibility, the agency head can assure that a single key official will
have ultimate as well as overall responsibility for the direction of the
program within his agency and that delays will be minimized.
We also recou nd deletion of the requirement that the date for automatic
declassification or re-review be marked on the document. All items withdrawn
are listed and under control in our ADP system. This system generates annual
lists of the items requiring re-review or refiling subsequent to automatic
declassification. Marking, therefore, Is redundant and a burden we cannot
afford to carry with the reduction in"resources we face. Moreover, we object
to placing an interim, ineradicable marking on historically important
documents, many of which may also have exhibit value.
to recommend that the date for required re-review be set at 20 years Instead
of at the present 10 years after the date of original eav1ew. Adopting this
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proposal also removes an administrative burden in a time of reduced
resources. The number of documents which agencies would determine could be
automatically declassified after 20 years should be appreciably greater
than the number presently being marked for declassification after the
present 10 years. ,Finally, we have moved the word ?systematic" from the
order. As revised in these proposals and with reduced resources the future
programshould not be characterized by that term.
I have designated Mr. Alan Thompson to represent we in any further meetings
or discussions on the ratter oo revision of Executive Order 12065 or the
iaplenenting Directive. We look forward to an opportunity to commnt on
other draft prospective amendments.
Sincerely,
ROBERT M. WARNER
Archivist of the United States
Enclosure
CC:
Official File - NND
N
Day File - NND
EAThompson/rmg 3-24-81
NN
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