REPRESENTATIVE BELLA ABZUG'S LETTER REGARDING CLASSIFICATION CRITERIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00674R000200190008-3
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 30
• Document Creation Date: December 20, 2016
• Document Release Date: July 12, 2007
• Sequence Number: 8
• Publication Date: January 28, 1976
• Content Type: MEMO

Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
28 January 1976
STAT
PPG/OS
OGC
OSI/DD/S&T
Chief, Reports Control, Operations Staff, DDO
SUBJECT: Representative Bella AbzugTs Letter Regarding
'Classification Criteria
Abzug.
1. Attached hereto is a draft of a response to the letter
from Representative Bella Abzug which we discussed on various
occasions some time ago. I have incorporated the information
developed at those discussions. The draft does not include answers
to questions numbered 13 and 15. Draft answers to those questions
are being prepared and will be circulated in the next day or so.
2. Please review the draft within your components and let me
know of any changes, additions, or deletions which you feel are
warranted.
3. Since this request is now over three months old, I would
hope to have your responses by COB 2 February in order to get the
response out before we get a follow-up letter from Representative
Staff, DDA
Chief, Information Systems Analysis
sis ant Legislative Counsel
Attachment:
As. stated
STAT
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
Next 24 Page(s) In Document Denied
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 A ---4 C...- M-1- . , nnn-71n-71l n . f'1 A Mr-%r-)O&' r%r%&%-7AMr%r%r%r)r%r%.lnr%r%r%O ID
SENT?AL INTELLIGENCE AGENCY
?2 4 OCT 19T5
Honorable Bella S. Abzug, Chairwoman
Subcommittee on Government Information
and Individual Rights
Committee on Government Operations
House of Representatives
Washington., P. C. 20515
OLC 75-2583/a
DD/A_ ~-~
This is to acknowledge receipt of your letter of September 26, 1975
requesting information relative to Agency imp lementati.on of the provisions
of Executive Order 11652. As you know, this Agency. on 7 October 1.975,
forwarded to you a copy of CIA regulation which contains STAT
answers to some of the questions in your present request. We are
actively addressing the remaining questions and will be responding
thereto within the near future. In this connection, I would like to
note that although your letter was dated September 26, 1975 it was not
delivered to this Agency until late on October 14.
Sincerely,
W W; E. S:ufg
W. E. Colby
Director
Distribution:
Original - Addressee
1 - DCI
1 - DDCI
1 - D/DCI/IC
1 - D/DCI/NIO
1 - ER
1 - OGC
,/T - DDA
1 - OLC Subject
1 - OLC Chrono
(22 October 1975)
STAT
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 United States Senate
Washington, D.C. 2051.0
Honorable Edmund S. Muskie, Chairman
Subcommittee on Intergovernmental Relations
Committee on Government Operations
16OCT1975
I am sending herewith the responses of the Central Intelligence Agency
to the questions posed by the Subcommittee on Intergovernmental Relations.
regarding CIA's implementation of Executive Order 11652. I hope our responses
will assist the Subcommittee in its study.
We at CIA are dedicated to conducting our activities in a manner con-
sistent with America's open society. The view once held--both inside and
outside CIA--that all Agency activities and policies were required to- be kept
secret, has'been replaced by a more pragmatic approach to secrecy. Illustra-
tive of this fact is the 50% reduction in the number of materials we are classifying
since the advent of E.O. 11652. Today, without question, CIA is by far the most
open intelligence service in the world. Nevertheless, secrecy remains a prereq-
uisite to success in many of our activities, a principle I fear has not been adequately
considered in the recent rush to reveal episodes of CIA's past and present.
In conjunction with its study of the classification of information by our
Government, I would urge the Subcommittee to also investigate the effect of
the recent amendments to the Freedom of Information Act on Federal agencies.
The worthy purpose of the Act--to inform our citizenry--should not disguise
the adverse effect the amendments have had on the discharge of Governmental
business. The impact on CIA is such that I believe it is quite possible that
this Agency will not be able to fully and effectively perform the functions and
duties for which it was created unless legislative relief is forthcoming. Pro-
visions such as the ten-day deadline for responding to requests (even those
involving hundreds of thousands of documents), and the unlimited number of
persons who can request documents (even known agents of foreign intelligence
services), are particularly troublesome. I believe it is time a responsible
Congressional body re-examined the advisability of this Act, in light of the
experience of the past several months.
Sincerely,
MiW.v.C
a
,1
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3 tive..Regisfty
Q f;JlU ~. ?
U R; - rn
a` -
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
CEIAL INTELLIGENCE AGENCY ?
WASHINGTON.D.C. 20505
W.,
Y) i E.:nColby -n%'U'T ~G>n
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
?
W. E. Colby Letter to Senator Edmund S. Muskie
Subcommittee on Intergovernmental Relations
Committee on Government Operations
SUBJECT: Responses to Questions re Agency Implementation of E.O. 11652
Distribution:
Orig - Addressee
1 - DCI, w/encl.;
1 - DDCI, w/encl.
1 - ER, w/encl
OGC, w/encl.
- IPS/DDA, w/encl
1 - OLC Subject, w/ encl
1 - OLC Chrono, w/o encl.
OLC : DFM: sk (10 Oct 75)
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3 -
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
Questions Submitted by the Subcommittee
on Intergovernmental Relations and Responses
.`. of the Central Intelligence Agency
What actions are being taken in this area? ...
1. - . The Interagency Classification Review Committee's Annual
Report for 1974 states that your agency has reduced its number of authorized
classifiers by 45% since promulgation of Executive Order 11652. Has your
agency reached the "minimum number absolutely required for efficient
administration" mandated by the order or do you foresee continued reductions?
:. The current number of authorized classifiers in this Agency
is in the range required for-the efficient administration of CIA. Two
Agency-wide reviews have been conducted since Executive Order
11652 was implemented to reduce the number of CIA classifiers. The
first of these, in early 1973, resulted in a reduction in the number of
classifiers from 3,199 to 2,178. The second review resulted in further
reductions, but, as expected, less substantial than those produced
by the initial review. These.exercises will be held periodically in
the future in an effort to keep the number of authorized classifiers
to the minimum.
will classify.
2.) Despite progress in reduction of authorized classifiers, quarterly
summary reports submitted by your agency to the ICRC continue to show
that large numbers of classified documents are being generated. Are fewer
classifers now classifying more? Explain.
Although we have been able to reduce the amount of classified
information produced since the advent of E.O. 11652 by an estimated
50%, secrecy is essential to much of CIA's work, and large numbers
of classified documents will always be generated. Given a necessary
amount of secrecy, the fewer the number of classifiers, the more each
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-006748000200190008-3
3.) Quarterly summary reports to the ICRC by your agency are
based on documents in the CIA Data Index. What proportion of total
materials classified by your agency is included in the Data Index? In
preparing the quarterly summary report, is an actual count made of items
entered into the Data Index or is a scientific sampling utilized? If the latter,
please provide details as to the technique used and its estimated accuracy.
-The CIA Data Index is a listing of the Agency's finished
intelligence reports.. An estimated 25,550 items were entered on
the Data Index in 1974. We do not have statistics reflecting the -r>
total number of materials classified by CIA. However, certain
documents could actually be counted, and these numbered approx-
imately 514,500 in 1974. Uncounted classified correspondence,
miscellaneous administrative forms (several of which are created
every pay/leave period for every employee), inter-office memos,
etc., probably bring the total to the neighborhood of 5,000,000 items.
In preparing the quarterly summary report, an actual count
of documents entered into the Data Index is used. The figure is
seldom complete, however, because of processing backlogs. The
cumulative figure is adjusted each quarter to reflect this.
4.) What is the standard procedure in your agency when 'an official
not possessing classification authority originates a document that in his/
her view warrants classification? Are such documents reviewed individually
by an authorized classifier or does a recommendation to classify usually
suffice to obtain the approval of an authorized classifier? How frequently
Documents originated by employees without classification
authority are reviewed by an employee possessing classification
authority. These personnel review the substantive content of
the document and determine the classification level and General
Declassification Schedule (GDS) status. Documents are reviewed
individually, but some categories of information are covered by
classification guides. Because most Agency employees do not have
classification authority, this procedure occurs many times daily.
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
5.) Is "derivative classification"--the practice of classifying a
document automatically on the basis that it derives in part from a previously
classified document without reviewing the particular document de novo--
used within your agency? If so, are those who classify in this manner listed
.with the ICRC as authorized classifers? Can you estimate how many persons
have authority to classify in this manner who are not listed with the ICRC? .
Derivative classification is used, particularly with respect to
'finished intelligence studies which are based on a variety of classified
source documents. The chief of the producing office serves as the
official classifier of. these studies. These officials are included within
the total number-of authorized classifiers which is supplied to ICRC.
6.). Data extrapolated by the subcommittee from your quarterly
summary reports to the ICRC show that, on the average, 96% of all documents
reported classified by your agency are being exempted from the General
Declassification Schedule. Is this the "absolute minimum consistent with
national security requirements" as prescribed by E.O. 11652?
CIA's quarterly reports to ICRC are based upon entries to the
Data Index, i.e., finished substantive intelligence reports. Inherent
in substantive information are clues to the means by which it was
obtained--intelligence sources and methods. The Director of Central
Intelligence is charged by statute, the National Security Act of 1947
(50 U . S . C . 403), to protect intelligence sources and methods from
unauthorized disclosure. Agency reports must normally be protected
beyond the automatic declassification periods, to insure the continuing
efficacy of these sources and.methods. As many CIA documents as
- possible are subject to the GDS.
7.) Section 5(B) of E.O. 11652 states that in the use of the exemption
authority, ",...such official shall specify in writing on the material the
exemption category being claimed. " . Can you provide details as to which
exemption categories are being claimed on documents exempted by your
agency, and in what proportions. If estimates or samples are used, please
give the basis for such.
3
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
A recent one-day. sample of. raw intelligence reports and
a
c bl h
es s owed that 19 of 143 exempted documents were exempted
-- - --
- -
v a vaalc6L1Lj Ib' .L4Y. %-: i,
documents were exempt solely under 5(B) (2). These cables and
These studies draw upon a wide range of source materials, including
:reports originated by other agencies of the intelligence community. The
.r; producer of the finished
document the various controls. including GDS exemption categories-
-.'. Exemption categories of source documents
considered collecti
l
,
ve
y,
nearly always include exemptions 5(B)(1), (2), and (3); accordingly,
the overwhelmin
majorit
f th
A
'
g
e
y o
gency
s finished intelligence
disseminations are. exempted under these three subsections. Section
5(B)(4) has been used only rarely.
8.) Would your agency object to a requirement that exem
tio
b
p
ns
e '
reported by exemption category to the ICRC on a quarterly basis in addition
t
th
o
e present practice of reporting only the total number of exemptions?
We would not object to such a requirement. It would, however,
i
h
ncrease t
e burden of preparing the reports, but not greatly.
9.) Section 5(B) of E.O. 11652 also requires
"unless i
p
ibl
"
,
m
oss
e,
that a date or event for automatic declassification be placed on all exempted
documents. What proportion of exempted documents fail to receive such a
date or event? Are non-dated exemptions reviewed on a regular basis to
provide for entrance of a date or transference into the General Declassifica-
Estimating the date that a document reflecting Intelligence
a foreign liaison service can be automatically declassified involves
such uncertainties that we have found it impossible to estimate a dateY
or event for declassification of virtually all CIA documents which are
exempt from automatic declassification. For this reason there is no
regular review.
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
10.) Are documents exempted upon examination by a document-by-
document basis or are blanket exemptions covering subject area being used
to exempt groups of documents without individual examination? What is
the volume of such blanket exemptions, and what limitations are placed
The only practical and efficient way CIA can determine whether
its large amount of classified materials require exemption from the
GDS is through the use of classification guides. These are directives
which state that a category of documents drawn from a particular source
must be protected beyond the automatic declassification periods...The
use of the guides does not, however, mean that documents are not
individually examined. They must be examined to determine the
classification level,.whether they are covered by the classification -
guide, and whether additional exemption categories are applicable.
Documents exempted by CIA under a classification guide probably
comprise in the area of 60% of all exempted Agency documents.
In addition to the use of classification guides to cover categories
of information, certain Agency forms are also subject to exemption by
category. It has been determined that a number of Agency forms would
require classification and exemption when filled in. These are not
subsequently examined on an individual basis. The decision is made
when the form is designed, and reviewed each time it is modified.
'll.) Section IV,C of the National Security Council Directive governing
the "Classification, Downgrading, Declassification and Safeguarding of
National Security Information" (May 17, 1972) requires
Whenever a classified document contains either more
than one security classification category or unclassified
information, each section, part or paragraph should be
marked to the extent practicable to show its classification
category or that it is unclassified. .
To what extent is this requirement being carried out on classified documents,
particularly on those exempted from the General Declassification Schedule?
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 CIA-RDP86-00674R000200190008-3
CIA does separately classify each section of some publications.,
Each article or report in a publication consisting of several articles
or reports carries a separate classification, as do graphics within
,reports. The classification of each paragraph in a finished intelligence
report is not listed, except in some biographic sketches. Raw
intelligence reports and cables disseminated by CIA are almost always
derived from a single source, and thus the entire document is of the
same classification level.
12 .) Section VI, G (2) of the NSC directive provides for classified
materials of "sufficient historical or other value to warrant preservation"
to be "systematically reviewed on a timely basis. . .for' the purpose of making
such information and material publicly available." Is this done annually
or less frequently? How many documents are reviewed in this manner and
what percentage of your agency's holdings does this represent?
The CIA has three active programs to make public formerly
classified materials. Pursuant to Section ILIA of the National Security
Council Directive and Section 5(E) of Executive Order 11652, the
Agency, in collaboration with the Records Declassification Division
of the National Archives, is reviewing 30-year-old materials originated
by' CIA's predecessor agencies (the Coordinator of Information and the
Office of Strategic Services). Significant progress has been made in
completing the review of records held by the National Archives and
Presidential libraries, and our efforts are now being concentrated
on documents still in the custody of CIA.. Some declassified record
series have already been turned over to the National Archives for
accessioning, e.g., OSS motion picture films, OSS maps, and captured
German military-geographic studies. Statistics on the volume of
material reviewed by the Agency under, the 30-year program were
included in the ICRC Annual Progress Reports for 1973 and 1974. We
do not have figures to indicate the percentage of Agency holdings this
represents.
Materials declassified, in whole or in part, as the result of FOIA
requests or mandatory review requests under the Executive Order, are
provided on a continuing basis to a commercial firm which indexes and
microfilms the documents and makes their products available to the
public on a commercial basis. (Other Federal agencies are also involved
in this program.) .
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 CIA-RDP86-00674R000200190008-3
14.) Section VI, G (2) of the NSC directive requires an inventory
of all Top Secret materials at least annually. How frequently are such
inventories conducted within your agency and to what extent?
Section VI, G (2) requires an annual inventory of all Top Secret
materials, but excepts repositories of large volumes of classified
materials, which must develop lists or other finding aids. As a
repository storing large amounts of classified materials, CIA has
made component Top Secret Control officers individually responsible
for the inventory and control of Top Secret documents under their
jurisdiction. However, the Agency is currently implementing an
automated Top Secret control system which will provide a centralized
.-Top Secret inventory capability. We expect this system to be opera-
15.) Approximately how many mandatory declassification review
requests does your department receive each quarter? Has the number of
requests tended to increase or decrease since enactment of amendments
to the Freedom of Information Act in 1974?
Jr
is the delay between classification and indexing?
In addition, the Agency publishes an Annual Declassification
List, which includes citations to all documents which have become
declassified through the Advanced Declassification Schedule or the
General Declassification Schedule. Copies of this report are provided
the Archivist of the United States and thereby become available to
13.) . Section VII of the NSC directive further requires establishment
of a data index for classified materials of "sufficient historical or other
value to warrant preservation.". Has such an index been established within
your agency and how many documents are included? Is information indexed
into the system "at the earliest practicable date during the course of the
calendar year in which it is produced" as provided by the directive? What
the Data Index included approximately. 62,650 entries. Under normal
circumstances, . copies of documents are received by the component
responsible for input to the Data Index on the date disseminated,
CIA has a fully operational Data Index'. As'of 3 October 1975
7
Approved For Release 2007/07/12 CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
CIA received an average of 50 mandatory declassification
time limits specified in the Freedom of Information Act utilized in all requests
material.
number of which require the classification review, of volumes of ...:.
quests. We have received over 7000 such requests this year, a large
review requests has coincided with a debilitating increase in FOIA re-
to the Freedom of Information Act. During the first and second quarters
of 1975, the Agency received 40 and 35 mandatory declassification review
requests, respectively. The slight decrease in mandatory declassification
review requests per quarter in the year preceding the amendments
16.) What determines whether a request for declassification is handled..
under provisions of the Freedom of Information Act or E. 0. 11652? Are the
time limits are utilized only for requests treated under the Act.
these materials are not subject to the Freedom of Information Act. FOIA
materials donated to Presidential libraries. GSA has determined that
The only mandatory review requests we currently receive concern
17.) Upon denial of an appeal on a mandatory declassification review
request, is the requester informed of his right to judicial review under the
Freedom. of Information Act whether the act is cited or not?
"inside" requests? Are such requests by employees and contractors.
or contractor to review a classification decision? Are time limits similar
to those under the Freedom of Information Act utilized in handling such .
request, the requester is informed of his right under the Order to
Upon denial of an appeal of a mandatory declassification
appeal to the ICRC.
18.) What procedures exist to facilitate requests by an employee.
encouraged?
8
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3 -
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
Pursuant to Section 4(D) of Executive Order 11652, any
holder of classified material may inform the originator if the holder
believes that the material is unnecessarily classified, classified at the
...wrong level, or improperly exempted from the General Declassification
Schedule. This'provision is incorporated in the CIA regulation
which implements the Executive Order. No time limits apply to these
matters. Employees are definitely not discouraged from making such
Agency regulations charge the CIA Information Review Committee
with responsibility for receiving, considering, and taking action
:'on suggestions and complaints with respect to the administration of
the Order. In actual practice, challenges of this type are resolved -
through action by the Committee's staff secretariat, the Information
Review Staff,. in negotiating directly with the originator of the disputed
material.
19.) Are contractors with your agency required to establish as part
of their costs the management of classified materials they hold? Could you
estimate the total cost incurred by contractors for classification management
and approximately what percentage this represents of your total contract
amounts?
Agency contractors are. not required to establish, as a
separate line item of cost, the management of classified materials
they hold. Such costs are part of the cost of doing business and
are charged to overhead, general and administrative or other indirect
expense pools. It would be extremely difficult to estimate contractor's
cost for classification management or its percentage of total contract -
costs.! The costs of classification management vary greatly. For a
small R&D contract, Agency security would probably be a minor
ancillary task for a corporate employee who has security, personnel,
or some other function as his/her primary assignment. The total
effort might involve simply making occasional entries on a log and
mailing and receiving classified material. On larger projects, involve-
ment could include special closed areas for performing work, special
alarm systems and even the assignment of employees on a full-time
basis to classification management.
20.) What steps have been taken to reduce the costs of maintaining
and managing classified materials?
9
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
The Agency has long attempted to reduce the cost of managing
classified material. The principal avenues pursued have included:
automated indexes to replace manual card indexes; storing inactive
materials in open-shelf arrangement at CIA's Records Center, instead
of in safes at Headquarters; and substituting microfilm for bulky paper
records.
21.) Can you provide a rough estimate of the costs incurred by your,
agency (added staff, data indexing, etc.) in performing its obligations
under E.O. 11652? How do these costs compare with the costs incurred
in providing adequate protection in the storage of all classified materials
held by your agency?
Costs relating to fulfilling Agency declassification responsibilities
/under E.O. 11652 are chiefly expenditures on salaries. We estimate
J these exceed $359, 000 per year . In mid-1974 these responsibilities
required a full-time staff of five employees, with total salaries of
approximately $127, 000. An additional eight employees devoted at
least half-time to declassification requests, at an estimated cost of
$85, 000 annually. Other personnel (clerks, indexers, analysts,
legal advisers, etc.) intermittently performed duties related to the
Executive Order. The full-time staff has expanded considerably in
1975, but the additional manpower commitment was for processing
FOIA requests. Manpower currently expended in. the Agency to process
FOIA requests equals the equivalent of approximately 100 full-time
The cost of modifying an existing automated document index
to meet the Data Index requirement of E.O. 11652 was minimal. .t
Approximately 3.2 man-years are required annually to maintain and
update. the Index, at a cost of approximately $50, 000 in salaries.:
Nine contract employees work part-time to declassify the
30-year-old documents of CIA's predecessor organizations,
pursuant to section 5 (E) of E .O , 11652. The combined salaries
of these employees is approximately $90, 000 per year. However,
further expansion of this staff to 15 part-time employees, with
salaries totaling $170,000, is anticipated by the end of Fiscal
Year 1976.
The various costs of storing the Agency's large volume of
classified material are enormous, and are much larger than the
total of those mentioned above.
10
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
22.) Are notations other than Top Secret, Secret, and Confidential
used on documents within your agency? (e.g., comint, noforn, etc.) Are
these designations, if in use, solely for the purpose of determining access
or do they also determine the length and level of classification itself? What
standards are applied in assigning such additional notations?
Notations other than Top Secret, Secret, and Confidential
are used by CIA to determine access to and protection. for classified
documents. As a general rule, the use of caveats is determined by the
sensitivity of the source of the information therein, and the need to
limit access to it.
. 23.) Upon obtaining classification authority within your agency, is
the classifier furnished with a copy of E.O. 11652? What other guidance is
provided to the new classifier?
Each operating component has the responsibility of ensuring
that its authorized classifiers are thoroughly acquainted with
E.O. 11652. .Copies of the Order are available to newly authorized
classifiers, and key passages of the Order are circulated periodically
among all employees. In addition, the ICRC pamphlet "Know Your
Responsibilities as an Authorized Classifier" 'is provided to all
authorized classifiers.
24.) Were those persons possessing classification authority prior
to promulgation of E.O. 11652 provided a copy of E.O. 11652 when it was
issued in 1972? What specific guidance was offered regarding changes
in previous classification practices resulting from the new order?
The Executive Order and accompanying National Security
Council Directive were circulated among Agency employees when
the Order was promulgated in 1972. Many components held staff
meetings to discuss the new criteria for classification and exemption
from automatic declassification, as well as the other features of the-
new system. On an Agency-wide level, a new unit was formed to
oversee implementation of the Order.
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
? ?
CENTRAL INTELLIGENCE AGENCY
WASHINGTON,D.C. 20505
OLC 75-2481/a
7 OCT 1975
Honorable Bella S. Abzug, Chairwoman
Subcommittee on Government Information and
Individual Rights
House Government Operations Committee
Washington, D. C. 20515
STAT
In response to a telephone request to this office from Ruth Matthews
on the staff of your Subcommittee on Government Information and Individual
Rights, enclosed herewith is a copy of CIA Regulation currently
in effect which implements the provisions of Executive Order 11652. This
document is unclassified. STAT
As you will note in Part I.a. of the provisions of Execu-
tive Order 11652 concerning storage, transmission and of STAT
material are covered under regulations These
latter regulations are classified confidential and can be provided. to
members of. the Subcommittee in classified form upon request. However,
before.Subcomunittee staff members are given access to these latter regula-
tions, we would like to be assured that they have the necessary security
clearances.
Sincerely,
George L. Cary
Legislative Counsel
Distribution:
Original - Addressee
1 - 0 S
1 - OLC Subject
1 - OLC Chrono
OLC:THW:cmw (typed 7 October 1975)
STAT
STAT
o-0UTioy
1>>G i9~6
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
UUN HUM 11AL,
MEMORANDUM. FOR: Assistant for Information, DDA
SUBJECT Request from Congresswoman Bella Abzug -
Agency Implementation of
Executive Order 11652
1. Reference is made to the oral request received
through the Office of Legislative Counsel from Congress-
woman Bella Abzug for Agency policy issuances implementing
Executive Order 11652.
2. Although immediately following the promulgation
of EO 11652 a number of Headquarters Regulations and other.
temporary issuances were disseminated in the Agency on
this subject, today the pertinent policy issuances relating 25X1
to Agency implementation of the Executive Order consist
basically of 25X1
these three regulations should satisfy Congresswoman Abzug's
request as we understand it..
3. Attached are copies of these three Headquarters
Regulations. We have not tried to include the Field
Regulations associated therewith, since generally Field
Regulations are mere translations of the Headquarters
issuance in appropriate field terms. Also, it must be
noted that amendments to Headquarters Regulations are made
on a page by page basis, thus the revision dates on the
attachments will vary on each page. For clarification 25X1
of pen and ink changes in we have included a
copy of Headquarters Instruction Sheet 848 which details
a recent series of such changes.
4. is unclassified and we see no problem 25X1
in releasing a copy to the Congresswoman. We had hoped
to respond completely to the request with unclassified
documents only. However, are 25X1
classified Confidential and in our view must remain clas-
sified. We have no objections, however, to copies of
these documents being provided the Congresswoman on a
classified basis.
OS S 8694
CONFIDENTIAL
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 rrtI IrIr rIuT1A1
I Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
5. In furnishing copies of
to Congresswoman Abzug, we believe it important to call
to her attention our recognition that some of their
provisions need modification in order to simplify the
storage and handling of classified material in the Agency.
In fact, as you are aware, such revisions are in progress.
This is especially true with and we have already
drafted a revision to streamline Agency procedures referent
to the security of classified documents.
Chief, Policy and Plans Group
Office of Security
Attachments
CONFIDENTIAL
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
Next 35 Page(s) In Document Denied
STAT
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 AEI" AOLUG, N.Y.,( Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3 S7F.IGF_R, ARIZ.
h - a,v.,xENCE J. RRpWN. pi~O
L[O J. i!YA. JF.
.4'"N ZONYERSSt MICH. PAUL N. MC CI.OSK EY, JR., CAI.I F.
TOIm!!wr H. MACOON.,ARO_ MASS_ NINFTY-FfIIRTH ('ON(RFSS
JOH',t-E. MOSS, CALIF.
MICHAEL HARRINGTON, MASS.
ANUREW,MAGUIHE. N.J.
ANTHONY MOFFETr. CONN.
. ?'r)ou;e of !'.epregenta be'5
GOVERNMENT INFORMATION AND INDIVIDUAL RIGHTS
SUBCOMMITTEE
OF THE
COMMITTEE ON GOVERNMENT OPERATIONS
RAYBURN HOUSE OFFICE BUILDING, Room B-349-13-C
WASHINGTON, D.C. 20515
%,~ 1-1
qr.e at ti M nfe` rat
September 26, 1975
W. IV. E. Colby
Director
Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Colby:
In planning for hearings on proposed legislation to establish
a statutory basis in the Freedom of Information Act for the pro-
tection of certain information in the interest of national defense,
this Subcommittee necessarily must review the practical application
of security classification policy currently promulgated in
Executive Order 11652.
Accordingly, would you please furnish us information on the
matters referred to below. In addition to all other agency informa
tion, the questions apply to information revealing intelligence
sources and methods since section 9 of Executive Order 1.1652 re-
quires that any special requirements which are imposed on such
information be in conformity with that order.
1) ITplementation of Policy. Please identify each
office in your agency that is functionally responsible
for developing and publishing regulations in implementa-
tion of policy in Executive Order 11652 for classifying
and declassifying official information.
2) Criteria for Official Information. What is the criteria.
establi.siiec by your agency or its use in determining
whether an item of information is "official information"
and subject to possible classification under Executive
Order 1165?? Please include comment especially applicable
to intelligence sources and methods.
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
ILLEGIB
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
0
Mr. IV. E. Colby
September 26, 1975
Page 2
Criteria for Classifying. Please state the criteria
established by your agency for its use in determining:
a) whether an item of official information other than
intelligence sources and methods, requires protection
under Executive Order 11652 against unauthorized dis-
closure in the interest of the national defense of
the United States?
b) whether an item of official information revealing an
intelligence source requires protection under 50 U.S.C.
403(d)(3) and Executive order 11652'against unauthorized
disclosure in the interest of the national defense of
the United States.
c) whether an item of official information revealing an
intellince method requires protection under 50 U.S.C.
403(d)(3) and Executive Order 11652 against unauthorized
disclosure in the interest of the national defense of
the United States.
4) National Defense and Foreign Relations. Section 1 of Executive
Order 11652 requires that official information be classified
for protection against unauthorized disclosure in the interest
of (i) the national defense or (ii) foreign relations of the
United States. This Presidential directive shows that
"national defense" and "foreign relations" are mutually ex-
clusive alternatives for deciding whether to classify
information.
a) Are there circumstances in which the unauthorized disclosure
of information regarding foreign relations of the United
States, such as the disruption of foreign relations, could
reasonably be expected to cause damage to the national
defense?
b) Could the Central Intelligence Agency perform its functions
effectively if your authority to classify information for
secrecy should be limited to information: requiring protection
in the interest of national defense, a; was- the case under
Executive Order 10501?
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
? 4P
Mr. Ti. E. Colby
September 26, 1975 Page 3
5) Authority to Classify. Please state:
a) The number of senior principal deputies and assistants
to the Director who currently exercise authority under
section 2(A)(2) of Executive Order 11652 to classify
information originally as Top Secret.
b) The number of individuals, other than those in major
elements of the agency as referred to in c) below, who
exercise authority under section 2(B)(2) and (C) of
Executive Order 11652 to classify information originally
as:
(1) Secret
(2) Confidential
c) The identity of each major element of the agency, as that
term is used in section 2(A)(3) of Executive Order 11652,
and the number of individuals, if any, in each such major
element who currently exercise authority under the
Executive Order to classify information originally as:
(1) Top Secret
(2) Secret
(3) Confidential
6) Effect of Limitation on Authority to Classi=fy. According to
section 2 of Executive Order 11652, and section I.A. of the
National Security Council Directive of May 17, 1972, no person
may exercise classification authority except those officials
who are designated in the order or are specified in writing
pursuant to the order. Section I.B. of the N.S.C. Directive
makes clear the fact that whenever a person incorporates into
a document an item of information that is already classified,
the previously assigned classification shall be reflected on
the newly created document together with the identity of
the classifier. Please advise whether the agency:
a) Permits any person to exercise classification authority
other than the Director and those officials who are
specifically designated in writing pursuant. to section 2,
Executive Order 11.652.
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3 '
Mr. W. E. Colby _ .
September 26, 1975 Page 4
b) Considers this restriction on authority to assign
security classifications as being satisfactory for
performance of agency functions and responsibility.
7) Classification of Projects.
a) Does the agency permit officials with classifying
authority to assign a classification to projects
and programs in their entirety, with no distinction
between classified and non-classified items, and,
if so:
1) How many officials exercise such authority?
2) What are the instructions that apply to proposals
for (a) assigning such classifications, and (b)
downgrading and declassifying information regard-
ing such projects and programs?
3) How is the assigned classification communicated to
individuals whose duties require that they have
knowledge of it and who are expected to safeguard
the items of information involved?
Compilations of h'on-Classified Information. Does the agency
permit the placement of a security classification marking on
compilations of items of non-classified information, such as a
list of non-classified documents or a. reproduction of non-
classified documents on microfilm, and, if so, what are the
instructions for:
a) Assigning such classifications? ILLEGIB
b) Cancelling an assigned classification?
Special Handling Procedures. Please furnish us:
a) A list of every marking and designator other than Top
Secret, Secret and Confidential that the agency uses
under section 9, Executive Order 11652, to indicate
special access limitations and special handling require-
ments for classified information, and a statement of
the meaning and use of each such marking and indicator.
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 :
CIA-RDP86-00674R000200190008-3
0
1P
Mr. W. E. Colby
September 26, 1975
Page 5
The number of (1) Members of Congress and (2) the
number of Congressional staff employees who are
designated to have access to agency information bear-
ing special access restrictions.
10) Accountab=ility Records. Section 6(E) of Executive Order
11652 requires that appropriate accountability records for
classified information shall be established and maintained.
a) Please describe the system or systems operated by the
agency to account for documents and other items classified
(1) Top Secret
(2) Secret
(3) Confidential
b) Does the agency, require that each completed Top Secret,
Secret and Confidential document be recorded on the
designated accountability record, including documents
held by agency contractors, and, if so, is action taken
on a continuing basis to assure adherence to the require-
ment?
c) Does the requirement that accountability records be main-
tained for classified documents serve to make them quickly
available for review when access to them is requested under
the Freedom of Information Act?
11) Systematic Review for Declassification. Section 6(G) of
Executive Order 11652 requiares that classified. info xviation
be reviewed on a systematic basis for declassification at
the earliest practicable date.
a) Please describe the system or systems operated by
the agency for reviewing classified. documents and
other classified items to determine whether the
classification may be cancelled. (This request applies
to review of individual. items, not to review of regula-
tions or guides for assigning classifications.)
b) In practice, is each classified document held by the
agency reviewed specifically for declassification on
any established schedule, such as each six months,
and, if not, would a requirement for such a review 1:e
practicable?
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
?
Mr. W. E. Colby
September 26, 1975 Page 6
c) Is each classified document held by agency contractors
reviewed specifically for declassification (1) on any
established schedule, and (2) at completion of the
contract which required use of the document?
d) Is each document with a classification notation reviewed
specifically for declassification at the time it is
processed out of an office for retirement, and if not,
why cannot such a review be made?
e) Please advise us of any special instructions on re-
viewing intelligence sources and intelligence methods
for declassification, including the authorization for
declassification.
12) Exemption of Classified Information from General Declassifica-
tion Schedule. Please state, to the extent practicable, the
percentage of agency documents in each classification category
that are designated as being exempt from the general declassifi-
cation schedule in section 5(A), Executive Order 11652.
13) Classified Contracts. Would you please state:
a) Approximately how many of the agency's prime contracts
currently in force involve disclosure to the contractor
of information classified -
(1) Top Secret
(2) Secret .
(3) Confidential
b) Approximately how many agency projects that are currently
under contract awarded by some other agency involve dis-
closure to the contractor of information classified -
(1) Top Secret
(2) Secret
(3) Confidential
c) How many different commercial firms and other non-Federal
entities are involved in performance of the agency's
classified contracts.
14) Non-Classified Intelligence Sources and Iv thods.? If an
item of information revealing an intelligence source or
an intelligence method does not qualify for a classifica-
tion of Confidential or higher under Executive Order
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
Mr. W. E. Colby
September 26, 1975
Page 7
11652, do you consider that you have responsibility under
50 U.S.C. 403(d)(3) for protecting such information from
unauthorized disclosure, and, if so:
a) What is the basis for that belief?
b) What criteria apply in determining the need for
protection?
c) What protection system is used?
d) What would constitute an unauthorized disclosure?
15) Referral of Violations to Department of Justice. Please
state the number of cases arising in the agency during
the preceding two-year period under section 13, Executive
Order 11652, involving:
a) An officer or employee being disciplined for the
unauthorized disclosure of classified information.
b) The referral to the Department of Justice of a.
possible violation of criminal statutes regarding
unauthorized disclosure of information.
With best regards, I am
BELLA S. ABZUG
Chairwoman
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
STAT
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3
 R Approved For Release 2007/07/12_ CIA-RDP86-00674R000200190008-3
MEMORANDUM FOR: Deputy Director for Administration
SUBJECT Classification Review 2~-J
1. As you are aware the Freedom of Information Act
requires that federal agencies furnish any document or
record to any person who requests it unless the document
involves a matter falling within any of nine specific cate-
gories of exempted information. As you also are aware,
Executive Order. 11652 and Agency regulations relating
thereto require systematic review of classified documents
and materials and their downgrading or declassification as
warranted.- Classified documents and materials may be
downgraded or declassified by the original classifying.
official, by his or her successor in capacity, or by a -
supervisor-of-either. In addition, any of the foregoing
officials may authorize subordinates to downgrade.. and
declassify.
2: The Commission on CIA Activities Within the United
States has recommended that "CIA... conduct periodic re-
views of all classified material... declassifying as much
of that material as possible. The purpose of such review
would be to assure the public that it has access to all
information that should properly be disclosed." The
President on 16 August 1975 directed the implementation of
this recommendation.
.3. The CIA history program under your jurisdiction,
which is compiling histories on major CIA activities, would
appear to be one suitable vehicle for accomplishing the
objective of this recommendation. Would you please ensure
that Agency officers working on this program declassify as
much material as is prudent within our responsibility to
protect intelligence sources and methods. In addition, your
actions in response to Freedom of Information requests
should be,directed to the declassification of as many
documents as possible, again within the stricture of our
statutory responsibilty to protect intelligence sources and
methods. Diligent attention to these guidelines in ad-
dition to the responsibilities for declassification assigned
to Records Management Officers will constitute a reasonable
response to carry out the spirit of this recommendation.
W. E. Colby
Director
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190008-3