FINAL REVISED DRAFT E. O. 10501

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP83-01022R000100040029-9
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
69
Document Creation Date: 
December 9, 2016
Document Release Date: 
May 10, 2000
Sequence Number: 
29
Case Number: 
Content Type: 
MISC
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PDF icon CIA-RDP83-01022R000100040029-9.pdf2.88 MB
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Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 TAB *NSC Declassification/Release Instructions on File* Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Rase 2000/09/14: CIA-RDP83-0128000100040029-9 Final Revised Draft E.O. 10501 M ? It is essential that the citizens of the United States be informed to the maximum extent possible concerning the activities of their govern- ment. In order that it may protect itself and its citizens against hostile action, overt or covert, and may effectively carry out its foreign policy and conduct diplomatic relations with'all nations, it -is equally essential for their government to protect certain official information against unauthorized disclosure. The reason for such protection is not that sensitive information causes danger or embarrass- ment to the government when it is in the hands of citizens, but that any dissemination sufficiently wide to reach even a small part of our citizenry will reach foreign governments as well. It is the purpose of this Order "In to provide for a just resolution of the conflict between these two essential national interests in the manner herinafter provided. Now, therefore, by virtue of the authority invested in me by the Constitution and statutes of the United States, it is hereby ordered as follows: *NSC Declassification/Release Instructions on File* Approved For Release 2000/09/1,4: CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022R0001p0040029-9 Section 1. Security Classification Categories. Classification of official information which requires protection against unauthorized disclosure in the interest of national defense or foreign relations (hereinafter collectively termed "national security") shall be limited to three categories, which, in descending order of importance, are "Top Secret", "Secret", and "Confidential." No other designations shall be used to identify official information or material as requited-prote.ction in the interest of national security, except as otherwise expressly provided by statute. (a) Top Secret. "Top Secret" means national security information or material which requires the highest degree of protection because its unauthorized disclosure could reasonably be expected to result in exceptionally grave?damage to the Nation, such as the outbreak of war; an armed attack against the United States or its allies; a definite break in diplomatic relations affecting the vital interests of the United States; or the compromise.of vital military or defense plans or of sensitive intelligence operations or scientific or technological developments vital to national security. (b) Secret., "Secret" means national security information or material whicFi'requires protection because its unauthorized disclosure could reasonably be expected to result.in serious damage to the Nation, such as jeopardizing an important element Approved For Release 2000/09/44 CIA-RDP83-01022R000100040029-9 Approved For Rele 2000/09/14 a CIA-RDP83-01022R000100040029-9 l wkw of the foreign relations of the United States; endangering the effectiveness of a program or policy directly and importantly related to the national security; or important military or defense plans or important intelligence operations,, or scientific or technological developments important to national security, Approved For Release 2000/09/t4g %Ii -RDP83-01022R000100040029-9 ? Approved For Release 2000/09/14: CIA-RDP83-01022R0001 0040029-9 (c) Confidential. "Confidential" means national security information or material the unauthorized disclosure of which could reasonably be expected to damage the national security. (d) The classification "Top Secret" shall be used extremely sparingly, and shall be used only to designate informatiorr?or Material which plainly comes within the definition herein contained. The classi- fication "Secret" shall be sparingly used. Any substantial doubts as to which of two security classifications is appropriate, or as to whether material should be classifie at all, shall be resolved in favor of the less restrictive treatme t. Section 2. A.uthori y to Classify, ID wn ade and Declassify. The authority to classify information or aterial under this Order shall be exercised only by those agencies and in the manner specified below in subsections (a) - (i). Authority to downgrade and declassify may be exercised as provided in subsection (j). Except as the context may otherwise indicate, the term "agency" as used in this Order shall include department and governmental unit. 3 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Rele a 2000/09/14: CIA-RDP83-010 000100040029-9 (a) The authority for classification of national security information or material as "Top Secret" or "Secret" under this Order may be exercised by the heads of the following agencies, and by such responsible 'officials of those agencies as may be designated pursuant to the provisions of subsections (d) and (e) of this Section. The White House National Aeronautics and Space Council Office of Management and T3udget Office of Science and Technology Office of Telecommunications Policy Council of Economic Advisers I Council on International Economic Policy Office of Emergency Preparedness Special Representative for Trade Negotiations President's Science Advisory Committee President's Foreign Intelligence Advisory Board National Security Council Central Intelligence Agency Atomic Energy Commission Department of State Department of Treasury Department of Defense Department of the Army Department of the Navy Department pf the Air Force Department of Transportation Canal Zone Government Federal Communications Commission Agency for International Development United States Arms Control and Disarmament Agency Export-Import Bank of Washington Department of Justice Department of Commerce General Services Administration National Aeronautics and Space Administration United States Civil Service Commission United States Information Agency Approved For Release 2000/09/-14 :.CIA-RDP83-01022R000100040029-9 bp'proved` For Release 2000109/14: Cliff-RDP83-01022R000100040029-9 _ fib) The authority for classification of national security information or material as "Top Secret" or "Secret" under this Order may be exercised by the heads of the following agencies without delegation: Department of the Interior Department of Health, Education, and Welfare Civil Aeronautics Board Federal Maritime Commission Federal Power Commission National Science. Foundation Panama Canal Company (c) The authority for classification of national security information . or material as '"Confidential" under this Order may be exercised by the heads of the agencies listed in subsections (a) and (b) hereof and by the heads of the following agencies, and by such responsible officials of those agencies as may be designated pursuant to the provisions of subsections (d), (e) and (,f) of this Section. The White House National Aeronautics and Space Council Office of Management and Budget Office of Science and Technology Office of Telecommunications Policy Council of Economic Advisers Council on International Economic Policy Office of Emergency Preparedness Special Representative for Trade Negotiations President's Science Advisory Committee President's Foreign Intelligence Advisory Board National Security Council Central Intelligence Agency Atomic Energy Commission Department of State Department of Treasury Department of Defense Department of the Army Department of the Navy De artment of the Air Force Approvq,f .Qjt lgta%, r Qg9/Ag~l#a:. 14-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDp83-01L022R000100040029-9 Canal Zone Government Federal Communications Commission Agency for International Development United States Arms Control and Disarmament Agency Export-Import Bank of Washington Department of Justice Department of Commerce General Services Administration National Aeronautics and Space Administration United States Civil Service Commission United States Information Agency Department of the Interior Department of Health, Education,` and Welfare Civil Aeronautics Board - Federal Maritime Commission Federal Power Commission National Science Foundation Panama Canal Company ACTION Tennessee Valley Authority 1q Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 -Approved For-Release 2000/09/14: CIA-RDP83-01022R000100040029-9 .1% (d) "Top Secret" classification authoiity,shall be exercised only by: (1) the heads of the agencies specified in subsection (a) above and such of-.their senior principal deputies and assistants- and the heads and deputy heads of major elements of theiz respective agencies' a's" they may designate ii writing. (2) The heads of the agencies 'specified in (b) above, without delegation. (e) "Secret" classification authority shall be :exercised only by: (1) officials with "Top Secret" classifi- cation authority; and (2) officials designated in writing by a superior' ;in the same vertical channel of command or supervision who himself has "Top Secret" classification authority, except that such delegation .array not be made by the heads of the agencies specified' in ,(b) above.. (f) "Confidential" classification: authority shall be exercised only by: .. 5 .. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 'Approved'For Reid Release 2000/04/14 : C1A-RDP83-0 1022R'0001 0040029-9 (1) officials with "Top Secret" and "Secret" classification authority; and (2) the heads of agencies specified in (c) above; and (3) officials designated in Writing by a superior in the same vertical channel of command or supervision who has "Top Secret" or "Secret" classification authority or,who is,the head of an agency specified in (c) above. (g) All material classified under this Order shall be annotated in such a way as to indicate to a recipient which portions have been determined to necessitate classification and at what level. This annotation shall be accomplished bearing in mind that its purpose is to permit excerpting and other use of parts of the material without either unnecessary classification or referral to the original classifying authority. (h) Unless the agency involved shall have provided by regulation some other method of identifying the individual or individuals who authorized the original classification -6 -Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 a way that it will be possible to identify the individual or individuals who originally classified Each component. Where the individual who' signs or otherwise authenticates a document or item has also authorized the classification, no further annotation as to his identity is required. (i) Any agency of the Government, whether or not authorized to originate classified material, is authorized to respond to classified material directed to it by another agency, and to give its response the same or any lower security classification as borne by the material originated by the other agency if the contents of the response warrant such classification under the provisions of Section 1 of this Order. ? Where an agency's response incorporates classified information or material directed to it by another agency, the 'responding agency shall observe and respect i Approved For Release 2000/09/14 CIA-RDP83-01022R000100040029-9 in each case, material classified under this Order shall indicate on its face the identity of the original classifying authority or authorities. Where documents or items that incorporate information or material, that has already been classified under this Order are involved, each document or item shall be clearly annotated in such Approved For Release 2000/09/14: CIA-RQP83-01022R000100040029-9 Approved For Release?2000/09/14: CIA-RDP83-01022R000100040029-9 the classifications assigned by the originating agency in its response.- Under no circumstances shall this subsection be relied on to classify documents or material that can reasonably be separated from a response or part of a response that requires classification. Where a major operating contractor of an agency authorized to classify under this Order, it shall safeguard that information or material as if it were so classified until such time as it shall have. been reviewed for classification purposes by an. appropriate govern-. 4 f ihent official. (j) Except as otherwise provided by statute (see Section 12), authority to declassify and downgrade national security information shall be exercised by: (1) Any classifying authority, with respect to information classified by him in his current capacity or by one of-his predecessors in office; and (2) A classifying authority's superior or supervisor in the same channel of command or supervision with respect to information classified by the subordinate dr his predecessor" in office,while responsible to the superior or his predecessor in office. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Refeaae 2000/09/14: CIA-RDP83701(1R000100 40029-9 (3) Such individuals as have been delegated the authority possessed by classifying authorities and their superiors as defined in paragraphs (1) and (2) above. The limitations upon delegation of the authority to classify specified in this Order shall not apply to delegations of the authority to downgrade and declassify national security information and material classified pursuant to this Order. Except for material officially transferred as defined in Section 4(c), the authority to downgrade and declassify shall be limited to classified material originating in the agency of the declassifying and downgrading authority, provided that the Interagency Review Committee established under Subsection 10(d), of this order may, recommend the down- grading or declassification of any classified material to the President. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Ruse 2000/09/14: CIA-RDP83-0'1*42.R000100040029-9 Section 3. Classification. Each person possessing classifying authority shall'be responsible for the propriety of the classifications attributed to him under the provisions of this Order. Both unnecessary classification and over- classification shall be avoided. The head of each agency having classifying authority prusuant to this Order shall provide appropriate methods to monitor effectively compliance I with the classification provisions of this Order. In no case shall information be, classified in-order to conceal inefficiency or administrative error, to.prevent embarrass- ment to a person or agency, to restrain competition or independent initiative, or to prevent for any other reason the release of information which does not require protection in the interest of national security. The following special rules shall apply to classification of information under this (a) Documents in general: D h ocuanents s all, be classified according to their own content and'not according to their relationship to other documents. Material containing references to classified materials which references do nQt~ reveal' ?cla,ssified Approved For Release 2000/09/14: C.IA-RDP83-010221 000100040029-9? information shall not be classified. Approved For RIease 2000/09/14 :' CIA-RDP.83-22R000100040029-9 (b) Physically,-connected documents: .The classification of a file or group ok physically-?connected documents: shall be at least as high as that of the most highly classified document therein,. Thje physical connection of "Top I...Secretf ,and "Secret" documents with other documen~.s_ not so classified shall be avoided except where such connection will significantly facilitate current use or filing. Documents separated from a file or group shall be handled in accordance with their individual classificationo .Multiple classifications: A document, product, or substance shall bear a. classification at least as high as that of its most highly classified component. The document, product, or substance,shall bear only one,overall cl.assification,. notwi.thstand- ing. tb-c pages,. paragraphs., sections or components thereof bear different- classifi.catiohso Approved For Release 2000/09/14: CLA-RDP83-010228000100040029-9 Approved For Release 2000/09/14: ?CIA-RDP83-01022R000100040029-9 (d) Information or material. furnished by a ,foreign government or international organization: Classified information or material first furnished to the United States by a foreign government or international organization shall either retain its original. cl.,assification, or be assigned a United States classification. In.either. case, the classification shall assure a degree of protection equivalent to that required by the government or international organization which furnished the information or material. Section 4. . Decl,assif_ .cation Down radan and L'narad . ? When classified information or material no longer requires the level of protection afforded by the current classification, it shall be downgraded or declassified. Classified information or material no longer needed in current working files shall be promptly desti`oyed, transferred, or retired in accordance with the provisions of applicable statute's and regulations in order that classified inventories may be reduced to the minim= consistent with operational' requirements. and that costs associated with the handling of classified information or material may likewise.be reduced. Heads of agencies originatiz 12 Approved For Release 2000/09/14 CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09114 :"CIA-RDP83-01022R0O010004,0029-9 Nm~ cl:is;;itiod information or material shall establish procedures to monitor compliance with all applicable rules governing down- grading, declassification, destruction; transfer, or retire-- went of classified information or material. 1-ieads of such agencies shall also establish procedures to, insure the review of classified information or material on a systematic basis, for the purpose of accomplishing downgrading, ;declassification, destruction, transfers, or-retirement at the earliest practicable date. Within thirty days after the effective date of this Order, each agency authorized to classify information shall submit to the Review Committee established under Section. 10(d) a. description of the procedures it has adopted pursuant to this., Section and 'to Section 3. In addition, each such agency shall make provision for the submission to that Committee of .representative problems that confront it in determining whether information and material, that it generates should be classified under this Order and wha~.plevel of classificatic is appropriate. [ALTERNATIVE I-] ?(a) General. Except when the information is 13 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022228000100040029-9 determined to fall within the categories described in (b) below, information classified under this Order shall be declassified and downgraded in the following manner: (1) Information or material initially classified "Top Secret, "Secret," or "Confidential" shall be automatically declassified s on the [tenth] anniversary of its origin. (2) Information or material initially classified "Top Secret"" shall be automatically downgraded to "secret" on the 'second anniversary of its origin and to "Confidential" on the fourth anniversary of its origin. Information or material initially classified "Secret" shall be automatically down- graded to ('Confidential" on the second anniversary of its origin. (3) When warranted by [special] circumstances, classifying auth- orities may provide, at the time of initial classification, for Approved For Release 2000/09/14: ?CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP834*~22R000100040029-9 earlier for later] declassification or downgrading than the schedule set forth above. In such cases, classifying authorities shall designate a special date or event'on which the declassi-- fication or downgrading will, occur. (4) Where warranted by special circumstance,,s,. a classifying authority may [not more than ninety days"Prior to the scheduled de- classification of a particular item] extend the period during which it shall remain classified for an. additional dive years. In such case the name-of the classifying authority and the reason for the extension shall be appended to the item. [ALTERNATIVE II ] (a) Ce ral.- Except when the information is deter- mined to fall within the special categories in (b) below, information classified under this _ __.._.Order shal1..be declassified and downgraded in . the following manner:. (1) Top Secret. Information or material Approved For Release 2000/09/14: C15 RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022R00010c 040029-9 Nave 11VW _ _ originally classified "Top Secret" shall be downgraded to "Secret" at the end of the second full calendar year following the year in which it was originated, downgraded to "Confidential" at the end of the fourth full calendar year following the year in which it was originated, and declassified . at the end of the tenth full calendar year following the year in which it was originated. (2) Secret. Information-hnd material originally classified "Secret" shall be downgraded to "Confidential" at the end of the second full calendar year following the year in which it was originated, and declassified at the end of the eighth full calendar year following the year in which it was originated. (3) Information and material originally classified "Confidential!' shall be 1 - 16 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 *Vol declassified at the end of the sixth full calendar year following the year in which it was originated. (4) If it is determined at the time of origin that earlier dates of downgrading and declassification than those set out above are appropriate, such specific dates' as are determined to be appropriate shall be assigned. (5) Where warranted by special circumstances, a classifying authority may (not more than ninety days prior to the scheduled declassification of a particular item] postpone the date of declassification for a period not to exceed five years. In such cases the name of the individual authorizing the extension and a statement in writing setting forth the reasons for the extension shawl be appended to the item. (6) When classified information or material subject to a downgrading, and declassification Approved For Release 2000/09/14 CIA-RDP83-01022R000100040029-9 Approved For Relse 2000/09/14: CIA-RDP83-01 R000100 40029-9 schedule is incorporated into a document or item, the incorporating document or item, if not otherwise classifiable, shall be subject to that same downgrading or declassification schedule. When classified' information or material extracted from several sources subject to different downgrading and declassification schedules-is incorporated into a new document or item, the downgrading and declassification dates assigned the new document or item shall be no earlier than the latest of those borne by the sources. (b) Special Categories. (1) Classified information determined to fall within the following categories may warrant some degree of.. protection for an indefinite period, and therefore may be exempted from the provisions of Section 4(a) above by an official authorized to classify information or material "Top Secret'! In each case such official shall specify on what ground this exception is available. - 18 - Approved For Release 2000/09/14 CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01 22R000100040029-9 fit. Information originated by foreign governments or international, organizations and furnished to the United States on the understanding that it be kept in confidence. Information or material., (i) specifically covered.by.statute-- ALTERNATIVE I such as the Atomic Energy Act; (ii) pertaining to cryptography or to intelligence sources and methods; - 6 (iii) consisting of highly sensitive ALTERNATIVE II . intelligence. (iii) consisting of sensitive intelligence. ALTERNATIVE III ,iii) relating to intelligence sources and methods.. ? c. Information which ;Ls identified in writing by the head of a department or.agency, . or his designee as defined'in Section 2(d)(1) hereof, as extremely sensitive Approved For Release 2000/09/14: tlA tbP83-01022R000100040029-9 Approved For RelbraGe 2000/09/14: CIA-RDP83-010 CR000100040029-9 in the sense that for a period of the continuing protection of which is required in the interest of- national security, or ALTERNATIVE I (ii) would seriously impair the effective formulation or conduct of major elements of United States foreign policy. ALTERNATIVE II . (ii) would seriously impair the effective formulation or conduct of United States foreign policy. indefinite duration its unauthorized disclosure (i) would place in immediate jeopardy a person, system, plan, project, installation or method` of operation d. It is the intent of this Order that classified information included in sub- paragraph c., above shall be kept to the absolute minimum consistent with operational Approved For Release 2000/09/14 :?CIAORDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 (2) later review. Documents containing information graded or declassified. if, upon review, it is determined requirements in the interest of national security. In all cases possible, infor- mation determined to come within the provisions of subparagraph c.' shall be assigned dates or events after which such r information may be downgraded or declassified at *the time of its original classification or upon excluded from scheduled downgrading and declassification under the provisions of sub- paragraph c. shall be annotated in the body of the text to indicate clearly to the recipient the information subject to the exclusion and the reason(s) for such exclusion. All information except that covered by subpara- graph 4(b)? (1) a.. above shall nevertheless be down- that such infoxrriation no longer requires the higher level of classification originally assigned or no longer requires any classification. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For ReApase 2000j09/14: CIA-RDP83-01"V 2R00010040029-9 ALTERNATIVE I (3) Notwithstanding the foregoing provisions of sub- paragraph 4(b)(l)c. information and material included within its provisions shall, after the expiration of ten years from the date of origin, be subject to mandatory review fof declassifica- tion by the originating agency upon the request of any agency or any member of the public,-provided that such person describes the information sought with sufficient particularity to enable the agency responsible for the review and determination to identify it without an unreasonable' expenditure of timeq ALTERNATIVE II (3) Notwithstanding the foregoing provisions of sub- paragraph 4(b)(1)cA information and material ind,uded within its provisions shall after the expiration of twenty years from the date of origin, be subject to mandatory review for declassifica- tion by the originating agency upon the request of any agency or any member of the public provided that such person describes the information sough, with sufficient par'ticula'rity to enable the agency Approved For Release 2000/09/14: CIA-RDP83-01 Q22R000100040029-9 22 - - Approved For ReIs elZ%OdQ9jt4 E &fAtf UP$at'k aRQQOiPPQ4QtQZ9rgJ (),, to identify it without an unreasonable expenditure of time. (4) All information and material classified pursuant to Section 4(b)(l)c. of this Order shall be declassi- fied at the end of 30 years from-the date of its Ik original classification if it'has not earlier been declassified. or pursuant to statute or Executive Order from one agenc: to another for the latter's use and.as part of its offi- (c) Material Officially Transferred: In the case of materiel' transferred in conjunction with a transfer of function b: cial files or property, as distinguished from transfers merely for purposes of storage, the receiving agency shall be deemed to be the classifying authority over suc: material for all purposes under this Order, including de, classification and downgrading. ) Material'hot Officially Transferred: When any agency has in its possession any classified material origin- ated in an agency which has since become defunct and whose files and other property have not been officially transferred -to another agency within the meaning of subsection (c), above, or when it is impossible for the possessing agency to identify Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 23 Approved For Rese 2000/09/14: CIA-RDP83-01'91,1000'100040029-9 the originating agency, and a review of the material indicates that it should be downgraded or declassified, the said possessing agency shall have power to declassify or downgrade such material. If it appears probable that another'agcncy may have a substantial interest in whether the classification of any particular information should be 'n~anCaiined, tlic possessing agency shall not exercise the power con- ferred upon it by this subsection,' except with the consent of the other agency, until 30 days after it has notified such other agency of the nature of the material and of its intention to declassify or down- grade the same. During such 30-day, period the other agency may, if it so desires, express its objections to declassifying or downgrading the particular material., but the power to make the ultimate decision shall reside in the possessing agency. (e) Downgrading: If the recipient of classified material believes., that.it has-been " classified too highly, he shall refer the matter with recornmendatjons to the appropriate downaradin and declassification authority. 24 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 (f) Upa di,xug: if the rccipicnt f unclassific d informa- tion or material believes that it should be classified or if ?the recipient of classified information or material believes that its classification is not su.f- ,ficiently protective, he shall safeguard it in accord- ance with the classification deemed appropriate and shall refer the matter with recommendations to the appropriate classifying authority -for - Such Macc:i on as would be appropriate and effective. If upgrading action is taken, the date of such action shall consti- tute a new date -of origin insofar as the downgrading or declassification schedule (paragraph (a).above) is concerned. (g) Agencies Which Do Not -Have Authority for Original Classification: The provisions of this-Section 4 relating to the declassification of national security information or material shall apply to agencies which, under the terms of this Order, do not have current authority for original classification of information or material, but which formerly had original classify- ing authority granted by Executive Order. - 25 Y, Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Rel a 2000/09/14: CIA-RDP83-010 t 00100040029-9 `ii) Notification of Change in Classification: In a1.1 cases in which action is taken to downgrade or de- classify in a manner other than as originally specified, whether scheduled or non-scheduled, the (i) action official or" the custodian. of the records shall promptly notify all addressees to whom the information or material was originally transmitted.-?. R.ec.ipientpr of original information or material, upon receipt of notification of change in classification, shall notify addressees to whom in turn they have transmitted the classified information or material. Retroactive Application: Effective on and after the ..first day .of the fourth calendar month commencing. after the date of this Order: (1) No further assirunents of classified information or.material shall be made to Groups-1, 2, 3, or 4 under Executive Order 109 64 (2) Classified information or- material previously assigned to-such Groups 1, 2, 3, or 4, when Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 +Y? . N 26 M Approved For (ease 2000109114: CIA-RDP83 fO22R0001.00O40029-9.- 2 7 withdrawn from current files or storage for use, shall be treated as follows: a. Classified?i-aformation or material assigned to Groups 1, 2,?or 3, unless ~pecifically determined otherwise by the original classify-!. 1 ' ing authority, shall 'be excluded from the automatic downgr 1divvg and declassification provided by this. Order. The provisions of Section 4(b) (3) and (4) are applicable to this body of mate-rial. Notice of assignment to scheduled downgrading and declassification shall be given to all holders.' b. Classified information or material assigned to Group 4 shall be subject to automatic downgralccing and declassification as provided by this order, and shall; be marked accordingly. Classified information'or material'not previously. assigned to Groups 1, 2,.3, or 4. under Executive Order 10964, when withdrawn from current files or storage for use, shall be evaluated by the holder Approved for Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 N601 . i"01 to determine whether it should be subject to the scheduled downgrading and declassification provided by this Order. In making such determina- tion, the holder shall first obtain the concurrence of the originating agency, except for material .officially transferred in which ca&e the provisions of 4(c) shall apply. Approved For Release 2000/09/14: CIAAI lYP83-01022R000100040029-9 Approved For Release 2000/09/.14: CIA-RDP83-01022R000109040029-9 Secti S . Marla 10 0 ("lassie-lecl Material. After a date iuiination of the proper security classification to be assigned has been made in accordance with the provisions of this Order, the classified material shall be marked as follows: (a) Classification, Downgrading and Declassification Markings?' At the time of origination,, each document or other material containing classified information shall be marked with its assigned security classification and with any other require markings, and in addition shall. either be marked with the down- grading and declassification schedule required under subsection (a) of Section 4 of this'Order or indicate that the information requires security classification.protection for an indefinite period as provided in subsection (b) of Section 4. (b) Bound Doci ments: The' assigned security classificatio; of bound documents, such as books or pamphlets, the pages of which are permanently and securely fastened together, shall be conspicuously marked or stamped on the outside of the front cover, on the title page, on the first page, on the back page an 1 0 on the outside of the back cover. In each case the markings shall be applied to the top and bottom of the page or cover. (c) Unbound Documents: The assigned security classificatic on unbound documents, such as letters, memoranda, reports, 29 .. ved For Release 2000/09114: CIA-RDP83-01022R000100040029-9 ApprQ, Approved For Rise 2000/09/44: CIA-RDP83-012R000100040029-9 telegrams, and other similar documents, the pages of which are not permanently, and securely fastened together, shall be con- spicuously marked or stamped at the top and bottom of each page, in such manner that the marking will be clearly visible when the pages are clipped or stapled together. (d) Charts, Maps, and Drawings: Classified chart's, maps, and dray;'irgs shall carry the security classification marking under the legend, title block,- or scale in such 'Manner that it will be reproduced on all copies made. therefrom. Such classifi- cation shall. also be marked at the top and bottom in each instance. (e) Photographs, Films and Recordings: Classified photo- graphs, films, recordings, and their containers, shall be con- spicuously marked with the assigned security classification. (f) products or Substances: The assigned security classi- fication shall be conspicuously marked on classified products or substances, if possible,??and on their containers, if possible, or, if the article or container catnot be marked, written notification of such classification shall be furnished to recipients of such products or substances. (g) Reproductions:. -All copies or reproductions?of classi- fied material shall be appropriately marked or stamped ,n the manner as'the original. Approvedq For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 30 - . Approved For Release 2000/09/14: CIA-RDP83-01022R000100940029-9 (h) Transmittal Documents: A transmittal document shall carry on it a prominent notation as to the classification of the information which is carried with it, and a legend showing the classification of the transmittal document standing alone. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Rase 2000109114: CIA-RDP83-0122R000100040029-9 (1) Unclassified Material: Normally, unclassified mate- rial shall, not- be marked or stamped "Unclassified" unless it is essential to convey to a recipient of such material that it has been examined specifically with a view to imposing a security classification and has been determined,not'to require such classification; (j) Change or Removal of Classification: Except... as .pro- vided in this subsection, whenever classified material is downgraded, declassified or upgraded, the material shall be promptly and conspicuously marked or stamped to indicate he change, the authority for the action, the date of the action, and the identity of the person or activity taking the action. In addition, the old classification markings, wherever they appear, if. practicable, but in any event on the first page, shall be cancelled and the new, if any, substituted. (1) In cases where classified material is downgraded or declassified under the provisions of section 4 of the Order, and is appropriately 'marked. with the schedule ,for downgrading and declassification, such markings shall suffice to meet the aforementioned requirements. (2) in each case where the volume of material held by. a custodian is such that prompt marking of each classified item could.not be accomplished without interfering unduly Approved For Release 2000/09/14: CIA-RDP83-0102.2R000100040029-9 31 Approved For Refuse 2000/d9/f4 : CIA-RDP83-01 8000100040029-9 with the ccnduct of operations or without employing additional personnel, such custodian may authorize and issue written instructions governing the use of downgrading and declassifica- tion notices in lieu of the markings and stamps otherwise required. Such notices may be attached to the storage unit containing the downgraded or declassified material.' They shall specify the authority for the downgrading or declassification action, the date of the action and the storage unit or units' to which it applies. The instructions shall insure that when 11 individual downgraded or declassified documents or other materials are P withdrawn from storage units, except under the circum- stances governed by paragraph (3) below, such documents or other materials shall be promptly marked or stamped with the classi- fication status, if any, of the information they contain. (3) When documents or other materials subject to a down- grading or declassification notice under paragraph (2) above are withdrawn from onr:, storage unit for transfer to another, or a storage unit containing such documents or other materials, is transferred from one place to another, and time does not permit the marking of each item, the transfer may be made if'-,the notice is attached to or remains with each'shipmen-t. .32- Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Re vdse 2000109/14: CIA-RDP83-01 Q R000104040029-9 (k) In addition to the markings required elsewhere in this section, one or more of the following warning notices shall be prominently displayed on classified doctjnLnts or materials. Where display of these warning notices on the documents or materials is not feasible, the wa"rni.ng's shall be included in the written notification of the assigned classification, (l) For classified material containing Restricted ' Data as defined in the Atomic Energy Ict of 1954, as amended: "RESTRICTED DATA .This material contains Restricted'.Data as defined in. the Atomic Energy Act of 1954, as amended. Access is restricted to persons possessing the security' 'Clearance prescribed in the Act and requiring .such access. in the performance of official duties. UL- authorized reproduction and transmission of this material is prohibited. Failure to comply with the foregoing could result in the imposition of a fine and/or ampri sorunent, ? action. `a Approved For Release 2000/d'9/ 4 : CIA-RDP83-01022R0001000'40029-9 dismissal or .other disciplinary Approved For Rvhease 2006/09/14: CIA-RDP83-0422R0Q0100040029-9 ., 34 (2) For classified material containing Formerly Restricted Data, as defined in section 142.d., Atomic Energy Act of 1954, as amended: "FOR ERLY RESTRICTED DATA meaning of the espionage laws, Title 18, U.S.C., Secs. 793 and 794. Access is restricted to persons.. possessing the requisite security clearance and requiring Handle as Restricted Data in foreign dissemination. This material contains information relating ?to -the _~_." . national defense of the United-States within the such access in the performance of official duties. Unauthorized reproduction and, transmission of this material is prohibited. Failure to comply with the foregoing could.result in the imposition of a fine and/or imprisonment, di?sinissal or other disciplinary action." (3) For classified material containing information affecting national security other than, described',in'(1) and (2), above:. ? Approved For Release 2000/09/14: CIA-RDP83Z01022R000100040029-9 Approved For Rase 2000.109/14: CIA-RDP83-0-4022R00010 040029-9 "This material contains information affecting the security of the United States. Access is restricted to persons possessing the requisite security clearance. and requiring such access in the performance of official duties. Unauthorized possession, retention, reproduction or transmission of this material is pro- hibited. Failure'to comply with the foregoing could- result in the imposition of a fine and/or imprisonment, and, in the case of government personnel, dismissal or other disciplinary action." (4) For classified material containing sensitive intelligence information, the following warning notice shall be used, in addition to and in conjunction with those prescribed in (1), (2), or (3), above, as appropriate... "WARNINGG NOTICE-SENSITIVE INTELLIGENCE SOURCES AND .METHODS INVOLVED" Approved For Release 2000/0'9/1': CIA-RDP83-01622R000100040029-9 Approved For Release 2000/09/J4: CIA-RDP83; 01022R000100040029-9 .Section 6.' Custody and-Safekeeping: Classified information ,or material may be used, possessed, or stored only where there are facilities adequate to prevent unauthorized persons from gaining access to it. Whenever such information or material is not under the personal supervisian of its custodian, the follow- ing methods shall be used to protect it:' (a) Storage of Top Secret Information and Material-;---.?Top .may Secret information and material, shall be stored in a safe or safe-type steel file container having a three-position dial-type combination loc-,, vault or vault-type room, or other stor-age facility which meets the standards established under the pro- visions of (c), below, and which minimizes the possibility of unauthorized access to, or the physical theft of,. such infor- mation and material. (b) Storage of Secret and Confidential Information and Material: Secret and Confidential. information and material may be stored in a mariner authorized for Top- Secret information and material, or in a container or vault which meets the standards established under the provisions of.(c), below. (c) Establishment of Standards, Specifications and Supply Schedule Ybr Security Equipment: The Administrator, General Services Administration, or his-designee, shall, in coordination Approved For Release 2000/09/34.: #CIA-RDP83=01022R000100040029-9 Approved For Rele 2000/09/14?. CIA-RDP83-Q10000100040029-9 with the heads of agencies, or their designees,. establish and publish the standards, specifications and supply-schedules for containers, vaults, alarm systems and associated security devices suitable for the storage and protection of .classified material. However, nothing in this Order shall prevent the head of any agency or his designee from establishing for the use of such agency equal or more stringent standards. Whenever. new security equipment is procured, it shall be in conformance with the foregoing standards and specifications and shall., to the maximum extent practicable, be of-the type designated on the ,Federal. Supply Schedule, General Services Administration. (d) Other. Protective Facilities: Heads of agencies shall prescribe such protective facilities as maybe necessary in their agencies for material originating under statutory provisions requiring protection of certain information. (e) Changes of 'Combinations to Security Equipment and De- ..vices: Combinations to security equipment and devices shall be changed, only by persons having appropriate security clearance, whenever such equipment`-is placed in'use after' p ocurement-from' the manufacturer or other sources, whenever a person knowing the 37 Approved For Release 2000/09%14: CIA-RDP83-01022FZ000100040029-9 Approved For RbWase 2000109 4 ;-CIA-RDP83-01 2R000100040029-9 combination is-transferred from the office to which the equipment is assigned' or whenever the combinations has been subjected to comprom/se, and at least once every year. Knowledge of combinations shall be limited to the minimum number of persons necessary for.operating purposes. Records of combinations shall be classified no lower than "the hghest category of classified information or material authori2ed'f6ie- storage in the security equipment concdrned. (f) Custodian's Responsibilities o Custodians of classified c p. material shall be responsible for providing protection and accounta- bility for such material at all times and particularly for locking classified material in approved security equipment whenever it is not in use or under direct supervision.of authorized employees. Custodians shall follow procedures which insure that unauthorized persons do not gain access to classified information or material by sight or sound, and.plassified information shall not be discussed with or in the presence of unauthorized persons. (g) Telecommunications Conversations: Classified informaa- tion shall not be revealed in telecommunications conversations, except as.may be authorized under Section 8 hereof with respect to the transmission of classified information over,approved communications circuits -or systems. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved 'For Ruse 2000/69%14: CIA-RDP83-01 1R000100 40029=9 39 (h) Loss or Subjection to Compromise: Any person in the dxecutive branch who has knowledge of the loss or possible compromise of classified information shall immediately report the circumstances,to a designated official of his,agency who, in turn, shall promptly notify the originating agency and any other agencies known to have an interest in or that may?,.1ie ~~.. affected by the loss or possible compromise. That official shall cause sufficient inquiry ta? be made to provide information upon which to base corrective measures to preclude similar losses, to assess damages, if appropriate, and take administrative, disciplinary, or legal action as the case may indicate. Approved For Release 2000/09/14 CIA-RDP83-01022ROO0100040029-9 Approved For Rele ~ffte 2000/09/14 :CIA-RDP$3.010 t00010004O029.=9 ?40 Section 7. Access; Dissemination and Accountability: The following special rules shall be observed in connecEion with access, dissemination of and accountability for classified information and material: (a) Limitations. on Access: Except as provided in (b), below, the following limitations on access to classified..informa- Lion or materi l h a s all apply: No person shall be given access to official information or material classified under the.provisions of this Order ? unless the head of an agency listed in section 2(a) or. (b) or his designee has first made a determination of eligibility .for such access pursuant to applicable statutes,:orders, and implementing.r.egulations of the agency concerned. Each deter- mination of eligibility for access to classified information or material (security clearance) shall specify in writing the lighest classification category to which it applies. Such an eligibility deterrniin'ation shall not, by :itse'lf, ,automatically entitle or authorize the person to whom it applies to have access to any particular classified information or materials In order to gain access to any particular classified information or material, a person must, Approved For Release 2000/09114: CIA-RDP83-01.022R000100040029-9 Approved For Rase 2000/69/14: CIA-RDP83-O'1t12R000100040029-9 - 41 -. in addition to possessing,a security clearance, be found to have ? M a need for access to such information or material in connection with his performance of official duties or contractual obligations. the determination' of ? that need shall be made by officials possess- ing and having responsibility for the safeguarding o,.. the classified information or material invblvcd under the provisions- of'' this-' Order. When these officials determine-that persons, though eligible, no. longer hve a need for particular classified informa- ~ tion or material, they will take-appropriate action to insure that access to such classified information or material on the part of such persons is discontinued without prejudice to their security clearance. (b) Dissemination Outside the Executive Branch (General) (1) Except as provided in Executive order 10865, but subject to all other provisions of this Order; the head of an agency lisCed in section, 2(a) or (b) or his designee may f authorize the dissemination of classified information or mat' erial`oiits'ide" thexecutive?branch only when, prior to such dissemination, a determination is made-by the authorizing .official that: Approved, For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Release 2000/09/14: CIA-RDP83-01022, R000100040029-9 - 42 knowledge or possession of such information or material is required -by the intended recipient and is consistent with the interest of national security; by the intended recipient is determined to be :trustworthy in accordance with the standards of the disseminating agency concerned; c. the intended recipient can and will safeguard the information from unauthorized disclosure in a manner consistent with the provisions of this Order; and - d. the information or material involved will not be further disseminated without the express permission of the disseminating agency. (2) When the official authorizing disspnlination of- .classified information or material outside the executive branch ti makes the determination-prescribed in (1) above; he shall certify in'writing that the intended recipient- of the informa- tion or material meets the standards of'the agency concerned "fdr"access 'to the particular cl p'ssi:fied 'informatio'n-or-material identified in the certificate. Such certification shall entitle ...the intended recipient,to access only to the information or material identified in it. It shall expire at the ,end of one calendar year Approved For Release 2000/Q9/14:.CIA-RDP83-01022R000100040029-9 Approved For Rc ase 2000/09/14: CIA-RDP83-O'IQ,22R000100 40029-9 from the date of issuance, but may be renewed by a certifying Official upon his making the same determinations required for its original issuance. (c) Notwithstanding all of the foregoing provisions of this section 7(b), heads of agencies listed in section 2(a) and (b) shall establish procedures whereby, consistent with all other provisions.of this Order, other orders and.-appl.icabl.& statutes, classified information or material may be disseminated to the Congress and.the judiciary conditioned on the need for' such access inthe exercise of their official duties. - Act) Persons who have previously occupied policy-making positions to which they were appointed by.the President and confirmed by the-Senate may, be granted access to classified .informat:ion or, material without making the.-de termin'atio'n of need otherwise required by subparagraph (b) (l)a. of this Section. Access under this subsection shall be limited to that information and material for, which the. former official, while in ~ " ." in federal emploment, was I tither ;primarily responsible !.. , ,.,,for_ originating ..or .reviewing, or which., was prepared, for his _?_ signature or addressed to him. (e) lnfoL ation.Originating in Another Agency:" Except as otherwise provided by section.102 of the National Security til .i Approved For Release 2000 Q /14 : CIA-RDP83-01022R000100040029-9 . Approved For R? ease 2000109/'14: CIA-RDP83-0W,2R000100040029-9 Act of July 26, 1947, c. 343, 61 Stet. 498, as amended, 50 U.S.C. sec. 403, classified information originating in another agency (f) Information or material bearing the no.tat.ion_. "WA tING NOTICE - SENSITIVE INTELLIGENCE_ SOURCES AND METHODS INVOLVED", -shall not be disseminated outside authorized channels or released publicly in any manner without the permission of the originating agency and an assessment by the appropriate intelligence shall .not- be disseminated outside the receiving agency without the consent of the originating agency. Those portions of docu- ments and material which contain.Top Secret information shall not be reproduced without the consent of the originating agency. chief as to the to the intelligence sources notices prescribed in section 5, paragraphs (k)(1) through (3) shall not be disseminated outside authorized channels or .released publicly'ir a'Ay manner without the permission of the originating agency. (h) Accountability Procedures: Heads of agencies shall prescribe such accountability procedures as are necessary to- .con Cro I effectively the disseminatioi- of classified' information or material. Particularly stringent controls shall b-e placed risk to the national security and and methods involved. (g) Documents or other material bearing the warning Approved For Release 2000/414.: CIA-RDP83-01022R000100040029-9 Approved For Ret se 2000/99/j4: CIA-RDP83-019A'&02.R000100040029-9 on information or material classified Too Secret under this Order. Top Secret Control Officers shall be designated, as required, to receive, maintain current accountability records of, and dispatch Top Secret: material.. A physical inventory of all Ton Secret material shall be made at least annually where such an inventory can be conducted without unduly inter- fering with day-to--day*,operations. In cases where..the-. Top-... - Secret material held is of such-large volume, as in the case of the 'National Archives or other like records repositories or libraries, that a 100-percent inventory cannot be conducted .annually without. unduly interfering with day-today operations, . .heads of agencies may .authorize procedures' which will assure full accountability annually for at least all documents and material to which access has been given in the past 12 months and 10 percent of the remaining Top Secret inventory. Proper control of other classified material, including current accountability records for Secret material, shall be maintained at all t::ines. The number of copies of documents containing classified information shall be kept to a minimum to decrease the risk of .compromise and the financial burden on the govern- . v. ment ment of protecting such documents. 45 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 SM.rgyeg.For, JpMp.,2110 1409/1 c~~~~ 4s~r- ? 9 2~ ~~~4 ~2 "9 . department or agency, information or material classified under the provisions of this Order shall be prepared and transmitted 'as follows: (a) Preparation for Transmission: Such material shall be enclosed in opaque inner and outer covers. The,inner cover shall be a sealed wrapper or envelop.c plainly marred with the assigned classification and address. The outer cover shall. be. sealed, -and addressed with no indication of the classification of its contents. A receipt shall be attached to-or enclosed in the inner cover, except that Confidential material shall require a receipt only if the sender deems it necessary. The receipt shall identify the addressor, addressee, and the document, but .shall. contain no classified information. It shall be signed by the recipient and returned to the sender. ALTERNATIVE I (b) Transmitting Top Secret Material: The transmission of Top Secret material shall be effected preferably by direct contact of officials concerned,:, or, alternatively, by specifically de- signated personnel, by State 'Department, diplomatic pouch, by a messenger-courier system especially cr.eated.for that purpose, over communications circuits in encrypt.ed form as may be authorized by the United States Comniunicati_ons Security Board or .by other means authorized by the National Security Council; except that in the . . case of information transmitted by the Federal Bureau of Invest~i- gatra o n , A p p r o v e ' ~ o r Refease~ W V 9 1 4 1 1 d T A Y R 6 P 8 ~ - V l v 2 ~ A O W 6 08 '6 'E A1. Approved For Ruse 2000/69/14 : CIA-RDP83-0' 2R000100040029-9 by the Director, Federal Bureau of Investigation, unless express reservation to the contrary is made in exceptional cases by the originating agency. ALTERNATIVE II ,(b) Transmitting Top SecreE Material:. The transmission of Top Secret material shall be effected preferably by direct contact of 'officials concerned, or, alternatively,..by .., ;specifically designated personnel, by State Department diplomatic pouch, by a messenger-courier system especially created for that purpose, over communications circuits in encrypted form as may be authorized by the United States Com- munications Security Board or by other means authorized by the National Security Council except. that couriers and ..officials designated to transport Top Secret information, other than Department of State Diplomatic Couriers, shall not travel on commercial passenger aircraft on international flights unless authorized by the head of an agency or his designee. In the case of information;transmitted by the Federal Bureau of Investigation,--such means of transmission may be used as are approved by the Director, Federal Bureau of Investigation,'unless express reservation to the contrary is made in exceptional cases by the originating agency. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 47 Approved For R ease 2000/09/14: CIA-RDP83-0"22R0001 0040029-9 (c) Transmitting Secret Information and Material: (1) Within the forty--eight contiguous states. Secret information and material may be trans- mitted within and between the forty-eight contiguous states and District of Columbia, or wholly within the State of Hawaii, the State of Alaska Rico by: or the Commonwealth of Puerto a. One of the means authorized for Top Secret information and material br . mail The United States Postal Service registered Approved For Release 2000109/14: CIA-RDP83-0,1022R000100040029-9 47a ~? Approved ForIease 2000/09/14: CIA-RDP83+1022R000100040029-9 c. Postal services of the military departments d. Protective services provided by air or surface commercial. carriers under such conditions as.may"be prescribed by the head of the department or agency concerned. (2) Other Areas. Secret information and material may be transmitted from or to or within areas other than those specified in (c) by. a. one of th-e means established for Top Secret' information and material; b, captains or masters 'Of vessels of United States registry under contract to the department or agency concerned; c. United States registered mail. through Army, Navy, or Air Force Postal Service facilities provided that material does not at any time pass out of United States government and United States citizen control and does not pass through a foreign posta1 system; d. commercial aircraft under 'charter to the United States and military or other government aircraft. (3) Between United States Government or Canadian'Govern?- Trent Installations: Secret information and material may be trans- matted between United States gover.iznient or* Canadian government in- stallations, or both, in the forty-eight contiguous states, the District of Columbia and Canada by United States and Canadian registere4 eIUdWkRU&6tf6 W09'FI4I- 0WIR M-01022R000100040029-9 (4) Electrical Communication Circuits. Secret a r y Eq,IRea 2 Q 14~ : dfb9DFWQj02R.f @IOQVW4Q029t ica Lions circuits in eacryptcd form authorized by the United States Communications Security Board or as otherwise authorized by the National Security Council. (5) Other means of transmission. Heads of agencies or their designees for that purpose may authorize the use of a the United States-Postal Service registered mail outside of the forty-eight continguous states, the District of Columb"ia, the State of Hawaii, the State- of Alaska, and the Commonwealth of Puerto Rico if warranted by security conditions and essential operational requirements provided that the material does not at any time pass out of United States government and United States citizen control and does not pass through,a foreign. postal system. (d) Transmitting Confidential Information and Material: Confidential information and material shall be transmitted within the forty-eight contiguous states and the District of Columbia, or wholly within Alaska, Hawaii, the Commonwealth of Puerto.Rico, or a United States possession, by one of the means established for higher. c1assiications, or by certified mail. Outside -these areas confidential information.and material shall. be' transmitted in the same manner as authorized for higher classifications. (e) ' Within an Agency: Preparation of classified material forApprom&d.Ebb ReleasW20f.UI(I9hl yChR-*RdDPMt=91 A l2JRa@OtOOO40029-9 Approved ForQplease 2000/09/14 :.CI.A-RDP83*I022R0001, 0040029-9 50 agency shall be governed by regulations, issued by the head of the agency, insuring a degree of security equivalent to that outlined above for transmission outside an agency. (f) The head of any agency having authority to'originally classify information or material as "Confidential," may, in the exercise of his discretion, by rule or regulation provide.. alternate or additional methods for the transmission of material classified "Confidential".outside of the agency. Approved For Rerease 2000/09/14: CIA-RDP83-Q1022R000100040029-9 Approved For Lease 2000/09/14: CIA-RDP.83-9.1+022R000100040029-9 Section 9. Disposal and Destruction: Documentary record material made or received by a department or agency in connection with transaction of public business and preserved as evidence of the organization, policies, operations, decisions, procedures or other activities of any agency of the government, or because of the informational value of the data contained therein, may be destroyed only in accordance-with a pl cable statutes. Non- record classified material, consisting of extra copies and duplicates including shorthand notes, preliminary drafts, used carbon paper, and other material. of similar temporary nat'Ore, .-Pay be destroyed as soon as it has served its purpcise, under ...procedures established by the head of the agency which meet the following requirements: (a) Methods of,Destruction: Classified material shall be completely destroyed by appropriate methods authorized by the -head of each agency. ?: .(b) Records of Destruction: Appropriate accountability records maintained in the agency shall reflect the destruction' of classified material, Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029.9 . - 5l. f Approved For lease 2000/09/14: CIA-RDP83*4022R000100040029-9 Section 10. Implementation and Review Responsibilities: (a) To promote the basic purposes of this Order, the head of each agency originating or handling classified information or material shall designate, from within available resources: (1) A. member or member; of?his staff who shall conduct a continuing review. of the implementation of this Order within the agency concerned to insure that all information. classified inreliance'on this Order i6 properly classified, downgraded'.'and declassified, and to insure that classified information or material is properly safeguarded in conformity-herewith. (2) Experienced persons to coordinate and supervise the activities applicable to their agencies under this Order. Persons so designated shall be authorized on behalf of the heads of agencies to establish adequate and active programs to the end that the provisions-of this Order are administered effectively. (b) The head of each agency shall assure that active train- . ... .. ing and orientation pi'ggrams are established and maintained for employees concerned with cla'ssifi.ed information'or material. Such programs shall include, as a minimum, ..the briefing of new employees and periodic reorientation during employment to impress upon each his individual responsibility.-for exercising vigilance and care in complying with the provisions of this Order.. Additionally, upon termination of employment: or contemplated Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 52 - Approved For lease 2000/09/14: CIA-RDP83*022R00010 040029-9 te;,,.porary separation for a si)cty-day period or more, e .ployees shall be debriefed and each reminded of the provisions of Title 18, U.S.C., sections 793 and 794 and other applicable statutes or orders relating to penalties for unauthorized dis- closure. Each such employee shall also be impressed with his individual responsibilities with respect to the requirement for continued protection of the classified material to which he has had access. (c) The National Security Council shall conduct a con- tinuing review of the implementation of this Order to insure that classified information or material is properly safeguarded in conformity herewith. (d) (ALTERNATE l) The President shall designate a member of-the executive branch who shall be chairman of an inter- agency coL-mittee composed of representatives of such agencies which originate or receive classified information and material, and of such other agencies in the executive branch, as the President shall designate. Each member of the Committee shall at the time of his appointment be authorized to. have access, to "Top Secret" information and material. This Committee shall meet regularly, and shall. make recommendations to the President to insure compliance with the . provisions' of this Approved For Release 2000/0I/f43: CIA-RDP83-01022R000100040029: 9 .! Approved For eIease 2000/09/14: CIA-RDPaa*i 022R000100040029-9 Order. The Committee shall review suggestions or complaints .from persons within or without the executive branch of the federal., government with respect to the administration of this Order. The Committee chairman may, at his discretion, seek advice from persons outside the government in assisting the Committee to discharge its functions. Upon the ommittee's request,, any agency shall furnish to the Committee , any.. particular documents which it has classified, The Committee, in handling classified document's which it has received from. other agencies, shall., comply with restrictions contained ion this Order relating to classified material. (d) (ALTERNATE II) The President shall designate a member of his staff who shall chair an interagency committee composed of representatives of all departments, agencies, and governmental units which originate or receive classified information and material. This Committee shall on a continu- ing basis review and take action to ensure compliance with this Order, The Committee further shall receive, consider, and-take action upon suggestions-or complaints from non- governmental sources relating to the operation of this.Order.. The Committee chairman may at his discretion seek advice from the academic or'other.non--governmental areas in the Approved For Release 2000/09] 4., CIA-RDP83-01022R000100040029-9 Approved, For`RQlease 2000/09/14: CIA-RDP834'022R0001 0040029-9 functioning of the Committee. (d) (ALTERNATE III) The President shall designate a member of the executive branch who shall chair an interagency committee composed of representatives of the Departments of State, Defense and Justice, the Atomic Energy Commission, the Central Intelligence Agency, and such other agencies in.. the executive branch as the President shall designate. This committee shall on a continuing- basis review and take action to ensure compliance with this Order. [with particular reference to the objective of keeping citizens informed to the maximum extent possible consistent with protecting infor- mation the release of which would be inimical to the national security interests of the United States.] -The committee shall further receive, consider, and take action on sugges- tions or complaints from persons within or without the executive branch relating to the operation of this Order. The committee chairman may, at his discretion, seek advice from persons outside the government in assisting the committee to discharge its functions. Upon the committee's request, an agency shall furnish to the Committee any particular documents or materials it has classified.. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Ruse 2000/0.9/14: CIA-RDP83-01 E2R000100040029-9 (e) The Attorney General, upon request of the head of an agency or his duly designated representative, shall personally or through authorized representatives of the Department of justice render an interpretation of this Order with respect to Approved For Release 2000/09/14 5 IA-RDP83-01022R00010004002g-9 57 .Section 12. "Restricted Data; " Material Formcrly Designated as "Restricted Data,-!1 Communications Intelligence, Crypto- graphy,'and Intelligence Sources and Methods: (a) Nothing in this order shall supersede any requirements made by or under the Atomic Energy, Act of August 30, 1954, as I.1? amended. "Restricted Data, " fnd material formerly 'designated as "Restricted Data, " shall be handled, protected, classified, down- graded, and declassified in conformity with the provisions of the ? Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission. (b) Nothing in this Order shall prohibit any special require- ments that the originating agency or other appropriate authority may impose with respect to the protection of communications intelligence, cryptography, 'ititelligencc sources and me,thods, and matters related theret9. . Approved For Release 2000/09/14: CIA-RDP83-01022l 000100040029-9 ? Approved For We 2e Rt1 f S U DP83 22R000 00040029-9 ' Approved For- lease 2000/09/14: CIA-RDP8 022R000100040029; 9 yof2 of~F1C1i . USE ONLY Section 13: Combat Opcra~.tions: The provisions of this Order with regard to dissemination, transmission, or safekccping of classified information or material may be so modified in connection with combat or combat-related operations as the Secretary of Defense may by regulations prescribe. Approved For Release 2000%09/14: CIA-RDP83 - 1022R000100040029-9 `~ .., il o f;\CAAL USE ONI. ~0~ Approved For ReI a 200~ff! .IdII_. -f 116 p10 8000100040029-9 59 Section 14. Exceptional Cases: When, in an exceptional case, a person or agency not authorised to classify information originates information which is believed to regyuire classification, such person or agency shall protect that information irl the manner prescribed by this Order for that category of classified information into which it is believed to 'fall, and shall transmit the information forthwith, under appropriate safeguards to the agency or person having both the authority to'classify information and a direct official interest in the information (preferably that. ? agency or person to which the information would be transmitted .in the ordinary course of business),. with a request that such agency or person make a de`texmination.as to classification. Approved For Releas? R~t1t09114 FJAr-~pp83-01022R000100040029-9 Approved For1Iease 2000/09/14: CIA-RDP8322R000 00040029-9 FOR CFI ICIAL USE ONL _60-. Section 15. Unauthorized Disclosure by government Personnel: A. The head of each department and agency is directed to take prompt and stringent administrative action against any officer or employee of the United States, at any level of employment, determined to have been knowingly responsible for'ah release-or disclosure of classified national security information or material except in the rhanner authorized by this :order, and where a violation of criminal statutes may be involved, to refer promptly to the Department of justice any such case. B. Criminal Sanctions. The Committee believes that there are three options available to the President insofar as the alteration of existing criminal sanctions against unauthorized disclosure of classified information ar,e concerned. These alternatives are as follows s I. Leave existing law unchanged. 2. Amend 18 U. S. C. 783(b), which presently makes it a criminal offense for any United States employee or official to disclose classified informa- tion to a foreign agent, as follows: (a) by deleting the requirement that the disclosure be to a foreign agent. The crime would then consist of disclosure classified Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 Approved For Rase 2000/09/14: CIA-RDP83-@ 2R000100040029-9 60a - information to. an unauthorized person by a government employee; (b) by adding the requirement that the classifi- cation assigned must have been either "SECRET" or 'STOP SECRET. 3. In addition to the type of legislation described in the preceding paragraph, seek legislation nearly- coextensive with the British Official Secrets Act, which would impose criminal penalties not only on, the employee who divulges the classified information, but on the recipient of the information. Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 ? p Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9 FOR USE ONLY 61 Section 16.'. Revocation of Executive Order No. 410501: . revoked as of the affective date of this Order. Executive Order No. 1b501 of November 5, 1953, as amended, is FOR MUM SLE .., .. Approved For Release 2000109/14: ~:I 01022R000100040029-9 ,.Approved For Release 2000/09/14: CIA-RDP83-01022R0001.00040029-9..,_, "low f . FOfl OFFICIAL USE ONLY - 62 Section 17. Effective Date; This Order shall become effective on and after the first day of the fourth ealendax month commencing after the date of the Order. Approved For Release 2000/09/14: CIA-RDP83-01b22R0001000400;2~9-9''