All books, papers, maps, photographs, machine readable o

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Declassification Demystified April 8,
2009 Bonnie Klein
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Declassification Demystified

• Ms. Melissa WalkerArmy Declassification Activity
• Ms. Linda SmithAir Force Declassification Office
• Ms. Mary AndersonNavy Declassification Program

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Automatic Declassification
Linda Smith Director, Air Force Declassification
Office

Melissa S. Walker Chief, Army Declassification
Activity
Mary Anderson Navy Declassification Program
Manager
Defense Technical Information Center2009 Annual
ConferenceAlexandria VA
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Agenda

• What is a record?
• Records Retention
• Record Lifecycle
• What is Classified Information?
• Pre 1995 - Not a Priority
• The Declassification Crisis 1995 - 2000
• Declassification 9/11 Post 9/11
• Agency Review Options
• Selected DoD Regulatory Guidelines
• Background Information

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What is a government record?

• All books, papers, maps, photographs, machine
  readable or documentary material regardless of
  physical form or characteristic
• Made or received by an agency of the US
  Government
• Under Federal law or in connection with the
  transaction of public business
• Preserved or appropriate for preservation by
  that agency or its legitimate successor
• As evidence of the organization, functions,
  policies, decisions, procedures, operations, or
  other activities of the government
• Or because of the informational value of the
  data

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Is every record kept forever?

• When a record is born, it is designated as
  either Temporary or Permanent

• Temporary records are destroyed after their
  usefulness to the agency has expired

• Permanent records have historical value and
  are eventually retired to the National Archives

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Lifecycle of a Record
50 DESTROYED
50 DESTROYED
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What does Classified mean?

• Webster definition
• Divided into classes or placed in a class
• Withheld from general circulation for reasons of
  national security

• US Government uses three levels of
  classification
• TOP SECRET, SECRET and CONFIDENTIAL
• Levels based upon damage to national security

• Terms that do not designate classified
  information
• For Official Use Only (FOUO)
• Sensitive But Unclassified (SBU)
• Limited Official Use Information (LOU)
• Controlled Unclassified Information (CUI)
• DoD Scientific and Technical Information (STINFO)

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Declassification Before 1995 Not a Priority

• Presidents since Eisenhower have disseminated
  Executive Orders relating to National Security
  Information
• Prior to 1995 the concern was always on the
  front end CLASSIFICATION - protect it now and
  worry about it later
• The back end DECLASSIFICATION - was a future
  problem

• Resulted in the accumulation of 1.6 Billion
  pages of classified records originating between
  1940 and 1970 which became a present problem in
  April 1995

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The Declassification Crisis1995 - 2000

• 17 Apr 95 - President Clinton issues Executive
  Order (EO) 12958 Classified National Security
  Information (NSI)
• Prescribed a uniform system to all Executive
  Branch Agencies for classifying, safeguarding,
  and declassifying NSI
• First EO to mandate automatic declassification
  of classified 25 year old or older permanent,
  historical records
• Additional Requirements
• Mid 98 the Department of Energy discovers
  unmarked Restricted Data/Formerly Restricted Data
  (RD/FRD) in agency records
• Oct 98/Aug 99 Congress passed Kyl/Lott
  Amendment designed to prevent inadvertent
  release of sensitive nuclear weapons information

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Declassification9/11 and Post 9/11

• 11 Sep 01 - Terrorists attack US
• Mar/May 02 - White House, SECDEF, and Department
  of Justice issued guidance on safeguarding
  Weapons of Mass Destruction (WMD) and Critical
  Infrastructure Information (CII)
• 25 Mar 03 - Bush issues Executive Order 12958,
  As Amended
• Extends deadline to 31 Dec 06 for remaining
  backlog of records
• Left existing classification/declassification
  policies largely intact
• Maintained the annual rolling requirement to
  review classified permanent, historical records
  as they become 25 years old

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Agency Review Options

• Declassify
• No longer causes damage to national security
• Does not mean public release
• Exempt
• Classify beyond 25 years
• Nine exemption categories such as intelligence
  sources and methods, war plans, state of the art
  technology, etc.
• Exclude
• Restricted Data/Formerly Restricted Data
• Information governed by the Atomic Energy Act of
  1954
• Refer
• Other agencies equities to the originator
• One agency cannot declassify another agencys
  information

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Selected DoD Regulatory Guidelines

• DOD 5200.1-R Information Security Program
  issued Jan 97 by Undersecretary of Defense
  (Intelligence) implements EO 12958 for the
  Department of Defense
• Current EO changes are in Interim Guidance on
  Classification, Declassification, and Markings
  dated 1 March 2005
• G-2 is the proponent for AR 380-5, Department
  of the Army Information Security Program issued
  29 Sep 00
• ADA implements Section II, Chapter 3, automatic
  declassification
• ADA publishes the Army Declassification Guide
• Air Force - AF Instruction 31-401,
  Declassification Plan
• CNO(N09N2)/NCIS-24E is the proponent for the DON
  Declassification Program, as directed by the
  SECNAV April 97
• ISCAP approved the DON Declassification Guide in
  2003
• DON has no exemptions

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Panel Speakers

• Melissa Walker
• Chief, Army Declassification Activity
• melissa.s.walker_at_us.army.mil
• 703.617.0072
• Linda Smith
• Director, Air Force Declassification Office
  linda.smith_at_pentagon.af.mil
• 703.604.4665
• Mary Anderson
• Department of the Navy (DON) Declassification
  Program Manager
• mary.a.anderson_at_navy.mil
• 202.433.3207

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Background InformationFormal definition of
record
All books, papers, maps, photographs,
machine-readable materials, or other documentary
materials, regardless of physical form or
characteristics, made or received by an agency of
the United States Government under Federal law or
in connection with the transaction of public
business and preserved or appropriate for
preservation by that agency or its legitimate
successor as evidence of the organization,
functions, policies, decisions, procedures,
operations, or other activities of the government
or because of the informational value of the data
in them. Library and museum material made or
acquired and preserved solely for reference or
exhibition purposes, extra copies of documents
preserved only for convenience of reference, and
stocks of publications and of processed documents
are not included. (44 USC 3301)
http//frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi
?dbnamebrowse_uscdocidCite2B44USC3301
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Background InformationFormal definition of
classified
Classified information" is marked or unmarked
classified information, including oral
communications and unclassified information that
meets the standards for classification and is in
the process of a classification determination, as
provided in Sections 1.2 and 1.4(e) of Executive
Order 12958 or under any other Executive order or
statute that requires interim protection for
certain information while a classification
determination is pending. "Classified
information" does not include unclassified
information that may be subject to possible
classification at some future date, but is not
currently in the process of a classification
determination. http//www.archives.gov/isoo/trai
ning/standard-form-312.html
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Background InformationClassification Levels

• The US Government uses three levels of
  classification
• TOP SECRET Unauthorized disclosure could cause
  exceptionally grave damage to national security
• SECRET Unauthorized disclosure could cause
  serious damage to national security
• CONFIDENTIAL Unauthorized disclosure could
  cause damage to national security

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Background InformationExecutive Order (EO)
12958 Section 3.3(a)
On 31 Dec 06, all classified records that (1) are
more than 25 years old, and (2) have been
determined to have permanent historical value
under title 44, United States Code, shall be
automatically declassified whether or not the
records have been reviewed. Subsequently, all
classified records shall be declassified on 31
Dec of the year that is 25 years from the date of
its original classification, except as provided
in (b) (e) of this section https//www.rmda.a
rmy.mil/programs/docs/eoamend_3-3.pdf
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Background InformationKyl/Lott Amendments

• Required agencies to conduct page-by-page review
  of records likely to contain unmarked RD/FRD
• Required all declassification reviewers to be
  DOE certified
• Lott Amendment required agencies to conduct a
  page-by-page review of all documents processed
  prior to Oct 98
• http//www.fas.org/sgp/congress/hr3616am.html the
  entire bill can be accessed at http//www.dod.mil/
  dodgc/olc/docs/1999NDAA.pdf
• http//www.fas.org/sgp/news/1999/02/lottamend.html
  the entire bill can be accessed at
  http//www.dod.mil/dodgc/olc/docs/2000NDAA.pdf

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Background InformationExemptions 1 - 9

• The Nine Exemption categories are
• Exemption 1 Intelligence Sources and Methods
• Exemption 2 Weapons of Mass Destruction
• Exemption 3 Cryptography
• Exemption 4 State of the Art Technology
• Exemption 5 War Plans
• Exemption 6 Foreign Relations
• Exemption 7 Protection of the President
• Exemption 8 National Security Preparedness
  Plans
• Exemption 9 Statute, Treaty or International
  Agreement
• https//www.rmda.army.mil/programs/docs/eoamend_3-
  3.pdf

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Air Force Declassification Office (AFDO)

Secure Protect
Release
Building a Better Future Linda.smith_at_pent
agon.af.mil 703-604-4665
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Framework - Why Important?

• A popular government without popular
  information, or the means of acquiring it, is but
  a Prologue to a Farce or a Tragedy or perhaps
  both. Knowledge will forever govern ignorance,
  and a people who mean to be their own governors
  must arm themselves with the power that knowledge
  gives.
• James Madison, 1822
• A truism for all democracies, new and old

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Framework - Public Interest Increases
Impact of Recent Events Must have
accountability Growth of government secrecy
circa WW II exponential increase in
secrecy and paper copies storage costs
Media and public calls for openness FOIA
firms New FOIA legislation approved/signed
EO 13132 Congressional interests special
searches Policies for improvement exist
Executive Order - Executive Order and Records
Management principles

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Process Requires Life Cycle Management
Declassification Authority
Original Classification Authority
NARA
RECORD
Federal Records Center (Storage)
RECORD
RECORDS TRANSFER
RECORD
USER
AFDO
classified records
CLASSIFICATION
DECLASSIFICATION
SECURITY MANAGEMENT
Point of Origin
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Building Blocks to the Future

• Institutionalization The seamless integration
  of life cycle management and training Records
  Management Integrated Process Team underway
• Credibility The acceptance of training for the
  benefits and values it provides needs Commander
  emphasis
• Education and Awareness Instruction of
  declassification management program requirements
  and benefits, and their responsibilities. See
  www.afdo.hq.af.mil
• Training The providing of necessary training
  and skills development to staff at all levels
• Communications All of us security,
  warfighters, public affairs, historians and
  records managers are our outreach.
• Source Dept of Energy Records Management
  Program Aug 95

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To Change Document Classification in DTIC Systems

• Letter signed at the Directorate level, Security
• Officer, or STINFO Officer, and on
  letterhead to
• Defense Technical Information Center
• DTIC-OQ
• Attn Information Security Officer
• 8725 John J. Kingman Road
• Fort Belvoir, VA 22060-6218
• Fax [phone]
• E-Mail infosec_at_dtic.mil
• Letter can be an attachment within an e-mail to
• infosec_at_dtic.mil

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To Cancel or Replace Documents in DTIC Systems

• E-Mail by the Security Officer or
• STINFO Officer
• Provide the DTIC AD accession number, date of
  report, title, and report number
• E-mail address infosec_at_dtic.mil

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To Request Citation Corrections in DTIC Systems

• E-Mail by the Security Officer, or
• STINFO Officer
• Provide the DTIC AD accession number, date of
  report, title, and report number
• Provide information to be corrected
• E-mail address infosec_at_dtic.mil

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DTIC Information Security Database Maintenance
Team

• infosec_at_dtic.mil
• Lawrence Downing, 703-767-0011, dsn 427-0011,
  Information Security Officer, ldowning_at_dtic.mil
• Donna Osborne, 703-767-8029, dsn 427-8029,
  Information Security Officer, dosborne_at_dtic.mil
• Laurence Ramserran, 703-767-9022, dsn 427-9022,
  lramserr_at_dtic.mil
• Clarence McCloud, 703-767-9023, dsn 427-9023,
  cmccloud_at_dtic.mil
• Robert Stokes, 703-767-8023, dsn 427-8023,
  rstokes_at_dtic.mil
• Anna Kramer, 703-767-9037, dsn 427-9037,
  akramer_at_dtic.mil

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Declassification DemystifiedPoints of Contact

• Army Declassification Activityhttps//www.rmda.ar
  my.mil/organization/ada.shtml
• Melissa Walker Melissa.s.walker_at_us.army.milChie
  f, Army Declassification Activity703-617-0073
• Air Force Declassificaton Officehttp//www.archiv
  es.gov/declassification/pidb/meetings/smith.ppt
• Linda Smith Linda.smith_at_pentagon.af.mil703-604-
  4665
• Navy Declassification Programhttp//www.navysecur
  ity.navy.mil/documents/information/FY0720Mandator
  y,20Automatic20and20DECLAS20Review20Action.pd
  f
• Mary Anderson Mary.a.anderson_at_navy.milDON
  Declassification Program Manager202-433-3207