ACTION TO SAFEGUARD INFORMATION REGARDING WEAPONS OF MASS DESTRUCTION AND OTHER SENSITIVE DOCUMENTS RELATED TO HOMELAND SECURITY (W/ATTACHMENTS)

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Keywords: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
0000928993
Release Decision: 
RIPPUB
Original Classification: 
U
Document Page Count: 
10
Document Creation Date: 
June 23, 2015
Document Release Date: 
January 14, 2010
Sequence Number: 
Case Number: 
F-2003-00079
Publication Date: 
March 19, 2002
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PDF icon DOC_0000928993.pdf406.81 KB
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APPROVED FOR RELEASE DATE: 28-Dec-2009 THE WHITE HOUSE WASHINGTON March 19, 2002 MEMORANDUM FOR THE HEADS-OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: ANDREW H. CARD, Assistant to the President and Chief of Staff SUBJECT: Action to Safeguard InformaticsnRegarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security As noted in many discussions during the past several months, you and your department or agency have an obligation to safeguard Government records regarding weapons of mass destruc- tion. Weapons of mass destruction include chemical, biological, radiological, and nuclear weapons. Government information, regardless of its age, that could reasonably be. expected to assist in the development or use-of weapons of mass destruction, including information about the current locations of stockpiles of nuclear materials that could be exploited for use in such weapons, should not be disclosed inappropriately. I asked the Acting Director of the Information Security Oversight Office and the Co-Directors of the Justice Department's Office of Information and Privacy to prepare guidance for reviewing Government information in your department or agency regarding weapons of mass destruction, as well as other information that could be misused to harm the security of our Nation and the safety of our people. Their guidance is-attached, and it should be distributed to appropriate officials within your department or agency, together with this memorandum, to assist in your undertaking an immediate reexamination of current measures for identifying and safeguarding all such information at your department or agency. All departments and agencies should review their records management procedures and, where appropriate, their holdings of documents to ensure that they are acting in accordance with the attached guidance. They should report the completion, or status, of their review to my office through the office of Homeland Security no later than 90 days from the date of this memorandum. If agency officials need assistance in determining the classification status of records related to the development or use of weapons of mass destruction, they should contact the Information Security Oversight office, at 202-219-5250. For assistance in determining the classification of nuclear and radiological weapons classified under the Atomic Energy Act, they should contact the Department of Energy's Office of Security, at 202-586-3345. If they need assistance in applying exemptions of the Freedom of Information Act (FOIA) to sensitive but unclassified information, they should contact the Justice Department's Office of Information and Privacy (OIP), at 202-514-3642, or consult OIP's FOIA Web site at www.usdoj.gov/04foia/index/html. Information Security Oversight Office National Archives and Records Administration 700 Pennsylvania Avenue, NW Washingtrm, DC 20408 March 19, 2002 MEMORANDUM FOR DEPARTMENTS AND AGENCIES ,LAURA L.S. KIMBERLY Acting Director ~Information Security Oversight Office CHARD L. HUFF DANIEL J. METCALFE o-Directors Office of Information and Privacy Department of Justice SUBJECT: Safeguarding Information Regarding Weapons of Mass Destruction and Other Sensitive Records Related to Homeland Security At the request of the Assistant to the President and Chief of Staff, we have prepared this memorandum to provide guidance for reviewing Government information regarding weapons of mass destruction, as well as other information that could be misused to harm the security of our nation or threaten public safety. It is appropriate that all federal departments and agencies consider the need to safeguard such information on an ongoing basis and also upon receipt of any request for records containing such information that is made under the Freedom of Information Act (FOIA), 5 U.S.C. ? 552 (2000). Consistent with existing law and policy, the appropriate steps for safeguarding such information will vary according to the sensitivity of the information involved and whether the information currently is classified. I. Classified Information ? If the information currently is classified and is equal to or less than 25 years old, it should remain classified in accordance with Executive Order 12956, Sec. 1.5 and Sec. 1.6. Although classified information generally must be declassified within 10 years of its original classification, classification or reclassification may be extended for up to 25 years in the case of information that could reasonably be expected to 'reveal information that would assist in the development or use of weapons of mass destruction." Id., Sec. 1.6(d)(2). ? If the information is more than 25 years old and is still classified, it should remain classified in accordance with Executive Order 12958, Sec. 3.4(b)(2), which authorizes agency heads to exempt from automatic declassification any "specific information, the release of which should be expected to . . reveal information that would assist in the development or use of weapons of mass destruction." (Agencies should note that the automatic declassification date for any classified information over 25 years old that involves the equities of more than one agency was extended until April 2003 by Executive Order 13142. Agencies have until then to exempt such information from automatic declassification under any one of the pertinent exemption categories in Executive order 12958, Sec. 3.4(b).) In this regard, agencies should note that Department of Defense (DOD) information that involves the equities of more than one DOD component is considered to have multi-agency equities. Information maintained by the Defense Technical Information Center (DTIC) or the National Archives and Records Administration (NARA) also is deemed to have multi-agency equities, i.e., those pertaining to DTIC or NARA and those pertaining to the component agency or agencies that created the information. II. Previously Unclassified or Declassified Information ? If the information, regardless of age, never was classified and never was disclosed to the public under proper authority, but it could reasonably be expected to assist in the development or use of weapons of mass destruction, it should be classified in accordance with Executive Order 12958, Part 1, subject to the provisions of Sec. 1.8(d) if the information has been the subject of an access demand (or Sec 6.1(a) if the information concerns nuclear or radiological weapons). ? If such sensitive information, regardless of age, was classified and subsequently was declassified, but it never was disclosed to the public under proper authority, it should be reclassified in accordance with Executive Order 12958, Part 1, subject to the provisions of Sec. 1.8(d) if the information has been the subject of an access demand (or Sec 6.1(a) if the information concerns nuclear or radiological weapons). III. Sensitive But Unclassified Information In addition to information that could reasonably be expected to assist in the development or use of weapons of mass destruction, which should be classified or reclassified as described in Parts I and II above, departments and agencies maintain and control sensitive information related to America's homeland security that might not meet one or more of the standards for classification set forth in Part 1 of Executive Order 12958. The need to protect such sensitive information from inappropriate disclosure should be carefully considered, on a case-by-case basis, together with the benefits that result from the open and efficient exchange of scientific, technical, and like information. All departments and agencies should ensure that in taking necessary and appropriate actions to safeguard sensitive but unclassified information related to America's homeland security, they process any Freedom of Information Act request for records containing such information in accordance with the Attorney General's FOIA Memorandum of October 12, 2001, by giving full and careful consideration to all applicable FOIA exemptions. See FOIA Post, "New Attorney General FOIA Memorandum Issued" (posted 10/15/01) (found at www.usdoj.gov/oip/foiapost/. which discusses and provides electronic links to further guidance on the authority available under Exemption 2 of the FOIA, 5 U.S.C. ? 552(b)(2), for the protection of sensitive critical infrastructure information. In the case of information that is voluntarily submitted to the Government from the private sector, such information may readily fall within the protection of Exemption 4 of the FOIA, 5 U.S.C. ? 552(b)(4). As the accompanying memorandum from the Assistant to the President and Chief of Staff indicates, federal departments and agencies should-not hesitate to consult with the Office of Information and Privacy, either with general anticipatory questions or on a case-by-case basis as particular matters arise, regarding any FOIA-related homeland security issue. Likewise, they should consult with the Information Security Oversight Office on any matter pertaining to the classification, declassification, or reclassification of information regarding the development or use of weapons of mass destruction, or with the Department of Energy's Office. of Security if the information concerns nuclear or radiological weapons. UNCLASSIFIED// F C 7O MEMORANDUM FOR: Andrew H. Card, Jr. Assistant to the President and Chief of Staff The White House VIA: Director, Office of Homeland Security SUBJECT: Central Intelligence Agency's Response to 19 March 2002 Memorandum Entitled "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" Reference: Your Memo for Heads of Executive Departments and Agencies, dtd 19 Mar 02, Same Subject 1. On behalf of the Director of Central Intelligence, I shared the subject White House memorandum and accompanying guidance from the Information Security Oversight Office and the Department of Justice with all CIA Deputy Directors, Mission Support Office Directors, and Staff and Center Directors. I sent a covering memorandum with the White House package and requested that the guidance be widely and appropriately circulated to all components involved in review, release and declassification activities; I asked each component to review current procedures and to report the s-:atus of the review and any actions taken as a result of they new guidance to safeguard radiological, chemical, biological, and nuclear (WMD) information, as well as other sensitive information related to Homeland Security. 2. Accordingly, all offices have examined their current processes and holdings of documents, and they have UNCLASSIFIED When Separated from Attachment UNCLASSIFIED//F O SUBJECT: Central Intelligence Agency's Response to 19 March 2002 Memorandum Entitled "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" confirmed that procedures are in place to protect WMD and other sensitive information that might be misused to harm the security of the United States or its citizens. As a result of the White House memorandum and accompanying guidance, several specific enhancements to our current procedures have been put into place. The attachment highlights CIA's actions to safeguard sensitive information and further ensure information placed in public venues is carefully scrutinized prior to making the information available to the public. 3. CIA appreciates the new guidance and the opportunity it affords to reexamine our procedures. The changes noted in the attachment reflect the fact that our review and release procedures are evolving and adaptive rather than static; we are constantly updating our practices to improve quality. The White House guidance has been integrated into our procedures using this approach. If you have any questions, please contact or have a member of your staff contact Alan C. Wade Chief Information Officer UNCLASSIFIED//FfO SUBJECT: Central Intelligence Agency's Response to 19 March 2002 Memorandum Entitled "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" UNCLASSIFIED//F/0 UNCLASSIFIED//FCyU0 (U) Enhancements to Ensure Protection of WZ4D and Other Sensitive Information Related to Homeland Security 2. (U//FO'qO) Each CIA Directorate, the Mission Support Offices, and the DCI's staff have scrutinized review processes and re-publicized their procedures to ensure that all offices consult with Information Review Officers prior to releasing information to the public in any venue. 3. (U/f'SU.0) The Agency's classification guide is currently under review; new classification guidance will be included for sensitive Homeland Security information. The WMD classification guidance will be reviewed and expanded, if necessary, to encompass the full range of nuclear, radiological, biological, and chemical information. 4. (U//F~Q) Freedom of Information Act (FOIA) requests for records containing WMD and sensitive homeland security information will continue to be processed in accordance with the Act's provisions and applicable regulations. The new guidance will be used as each request is processed. UNCLASSIFIED / / FC}t0