NSC DIRECTIVE IMPLEMENTING THE EXECUTIVE ORDER ON CLASSIFICATION/DECLASSIFICATION

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-23-4-8-3
• Release Decision: RIFLIM
• Original Classification: K
• Document Page Count: 25
• Document Creation Date: January 11, 2017
• Document Release Date: October 5, 2010
• Sequence Number: 8
• Publication Date: May 15, 1972
• Content Type: MEMO

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MEMORANDUM -
ACTION
MEMORANDUM FOR: HENRY A. KIGER
FROM: TOM LATIME
SUBJECT: NSC Directive Implementing the Executive
Order on Classification/Declassification
David Young has sent you and Ehrlichman a memorandum (attached)
summarizing the key elements of a draft NSC directive which is needed
as a follow-up to the new Executive Order on classification procedures.
The purpose of this directive is to provide the bureaucracy with the
same sort of guidance and regulations which were contained in detail in
the old Executive Order 10501. For reasons of brevity, these details
were omitted from the new Executive Order.
There will be two main effects upon our operation as a result of this
directive and in both cases the primary impact will be on Jeanne Davis'
operation.
-- One effect will be that we will have to put an indicator on classified
papers which we send to the bureaucracy indicating either that they will
be automatically declassified according to a set schedule (10 years for
TOP SECRET, 8 years for SECRET and 6 years for CONFIDENTIAL) or
that they are excluded from automatic declassification and can only be
declassified upon review, if at all,
-- The other major effect will be that we should set up a computerized
data index system for all classified information of permanent record value.
This will cost some money but we already have the computer. Once
functioning, that system will be invaluable in getting a handle on old
classified NSC material. The program will not go into effect until
July 1, 1973.
Al Haig, Dick Kennedy and Jeanne Davis have reviewed David's draft and
have concurred in its issuance. The draft has also been concurred in by
State, Defense and CIA.
RECOMMENDATION: That you appro David's draft directive. See page 2
of David's memo to you for Approve Disapprove
0
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 11, 1972
MEMORANDUM FOR: HENRY A. KISSINGER
JOHN D. EHRLICHMAN
FROM: DAVID R. YOUNG
SUBJECT: NSC DIRECTIVE IMPLEMENTING EXECUTIVE
ORDER ON CLASSIFICATION/DECLASSIFICATION
Attached at Tab B is a draft of the above captioned Directive which I
have worked out with the principle departments involved, namely,
State, Defense, CIA, Justice, AEC and the Archives.
There is general acceptance of the Directive's provisions as out-
lined at Tab A. The only point that has involved extended dis-
cussions is the requirement that each department establish a data
index system for all classified information of permanent record
value (p. 12, Part VII ).
The advantages of a computerized data index system coupled with
name lists of the individuals with authority to classify material
(p. 1, Part I . D.) would be immeasureable from a Presidential
point of view. It would enable the President to get a handle on the
bureaucracy as no other President has been able to do. It would also
provide a mechanism for monitoring the bureaucracy's work pro-
duct as illustrated by the following:
it would stop unauthorized classifying
it would identify the departments or individuals over-
classifying material or abusing the exemption criteria
it would indicate the quantity and subject matter con-
centration of classified material produced by each
department, bureau, office etc.
it would break out the relative amounts being exempted
beyond the General Declassification Schedule of 6, 8
or 10 years
it would provide a means of identifying what was ready
for automatic declassification at the end of each calen-
dar year
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it could be used to get a reading on all the classified
material available throughout the Executive Branch
on a particular subject.
The system could also be used to list materials after 10 years which
have been designated as exempt from declassification. This list
could in turn be used to facilitate requests for review for declassi-
fication of particular information or material which may no longer
warrant protection.
The feasibility of this requirement being met was discussed with
OMB and departmental representatives - including their computer
experts. The general conclusions were: (1) that the establishment
of such a system is not only feasible bu! desirable, and (2) that
the initial expense is marginal in comparison with the long run
savings. Furthermore, CIA already has just such a system in
operation and State estimates that it would be able to set one up
for about $700, 000. Defense even seems willing to go along. The
requirement is drafted with lead-in time (information to be covered
from January 1, 1973 on) and flexibility on extent of coverage.
Conclusion
(1) The establishment of such a comprehensive and precise system
would go a long way in reducing the quantity of classified material
and in restoring credibility in _a rational and meaningful classification
system.
(2) It would establish a sound base for any initiative the President
might some day wish to take to deal with the obvious inadequacies
of our espionage laws.
(3) If such a -system is not set up now it will mean that when the
materials which are presently being classified under the new Order
become ready for automatic declassification, huge sums of money
will again have to be expended for declassification reviews.
(4) Someone sooner or later is going to have to make the effort to
provide a mechanism for automatically declassifying and making
such material available to the public. It would obviously be a defi-
nite plus for this President to get the credit for such foresight.
Recommendation
That the draft directive be approved.
Agree Disagree
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OUTLINE OF DIRECTIVE
I. Authority to Classify
A. Personal and Non-delegable
B. Observance of Classification
C. Identification of Classifier [Individual with authority
must be named]
D. Record Requirement [Departments must maintain
listings of individuals with authority to classify]
E. Resolution of Doubts [In favor of less restrictive treatment]
U. Downgrading and Declassification
A. General Declassification Schedule and Exemptions
B. Extracts and Compilations
C. Material Not Officially Transferred
D. Declassification of Material 30 Years Old
E. Notification of Expedited Downgrading or Declassification
III. Review of Classified Material for Declassification Purposes
A. Systematic Reviews [Segregation for declassification]
B. Review for Declassification of Classified Material Over 10
Years Old [Departmental designation of office to receive
requests]
C. Departmental Committee Review for Declassification
D. Review of Classified Material Over 30 Years Old
E. Burden of Proof for Administrative Determinations
F. Availability of Declassified Material
G. Classification Review Requests
IV. Marking Requirements
A. When Document or Other Material is Prepared
B. Overall and Page Marking of Documents
C. Paragraph Marking
D. Material Other than Documents
E. Transmittal Documents
F. Wholly Unclassified Material Not Usually Marked
G. Downgrading, Declassification and Upgrading Markings
(1) Limited Use of Posted Notice for Large Quantities
of Material
(2) Transfer of Stored Quantities Covered by Posted Notice
H. Additional Warning Notices
(1) Restricted Data
(2) Formerly Restricted Data
(3) Information Other Than Restricted Data or Formerly
Restricted Data
(4) Sensitive Intelligence Information
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V. Protection and Transmisa on of Classified Information
A. General [Appendices A and B]
B. Loss or Possible Compromise
VI. Access and Accountability
A. General Requirements on Access
(1) Determination of Trustworthiness
(2) Determination of Need-to-Know
(3) Administrative Withdrawal of Security Clearance
B. Access by Historical Researchers
C. Access by Former Presidential Appointees
D. Consent of Originating Department to Dissemination by Recipient
E. Dissemination of Sensitive Intelligence Information
F. Restraint on Special Access Requirements
G. Accountability Procedures
(1) Top Secret Control Officers
(2) Physical Inventory of Top Secret
(3) Current Accountability
(4) Restraint on Reproduction
(5) Restraint on Number of Copies
VII. Data Index System [Departments originating classified information
shall establish a system for all Top Secret, Secret and Con-
fidential information or permanent record value]
VIII. Combat Operations
IX. Interagency Classification Review Committee
A. Composition of Interagency Committee
B. Meetings and Staff
C. Interagency Committee's Functions
D. Classification Complaints
X. Departmental Implementation and Enforcement
A. Action Programs
B. Departmental Committee
C. Regulations and Reports
D. Administrative Enforcement
Appendix A [Protection of Classified Material]
Appendix B [Transmission of Classified Material]
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NATIONAL SECURITY COUNCIL
DIRECTIVE GOVERNING THE CLASSIFICATION,
DOWNGRADING, DECLASSIFICATION AND SAFEGUARDING
OF NATIONAL SECURITY INFORMATION
The President has directed that Executive Order 116,52,
"Classification and Declassification of National Security Infor-
mation and Material, It approved March 8, 1972 (37 F. R. 5209,
March 10, 1972) be implemented in accordance with the following:
I - AUTHORITY TO CLASSIFY
A. Personal and Non-delegable. Classification authority may be
exercised only by those officials who are designated by, or in
writing pursuant to, Section 2 of the Executive Order 11652 (here-
inafter the "Order"). Such officials may classify information or
material only at the level authorized or below. This authority
vests only to the official designated, and may not be delegated.
B. Observance of Classification. Whenever information or
material classified by an official designated under A above is
inieorporated in another document or other material by any per-
..son other than the classifier, the previously assigned security
classification category shall be reflected thereon together with
the identity of the classifier.
C. Identification of Classifier. The person at the highest level
authorizing the classification must be identified on the face of the
information or material classified, unless' the identity of such
person might disclose sensitive intelligence information. In the
latter instance the Department shall establish some other record
by which the classifier can readily be identified.
D. Record Requirement. Each Department listed in Section 2(A)
of the Order shall maintain a listing by name of the officials who
have been designated in writing to have Top Secret classification
authority. Each Department listed in Section 2(A) and (B) of the
Order shall also maintain separate listings by name of the persons
designated in writing to have Secret authority and persons desig-
nated in writing to have Confidential authority. In cases where
listing of the names of officials having classification authority
might disclose sensitive intelligence information, the Department
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shall establish some other record by which such officials can
readily be identified. The foregoing listings and records shall
be compiled beginning July 1, 1972 and updated on a quarterly
basis.
E. Resolution of Doubts. If the classifier has any substantial doubt
as to which security classification category is appropriate, or as to
whether the material should be classified at all, he should designate
the less restrictive treatment.
II - DOWNGRADING AND DECLASSIFICATION
A. General Declassification Schedule and Exemptions. Classified
information and material shall be declassified as soon as there are
no longer any grounds for continued classification within the classi-
fication category definitions set forth in Section 1 of the Order. At
the time of origination the classifier shall, whenever possible,
clearly mark on the information or material specific dates or events
upon which downgrading or declassification shall occur. Such dates
or events shall be as early as is permissible without causing damage
to the national security as defined in Section 1 of the Order. When-
ever earlier dates or events cannot be determined the General De-
classification Schedule set forth in Section 5(A) of the Order shall
apply. If the information or material is exempted under Section
5(B) of the Order from the General Declassification Schedule, the
classifier shall clearly mark the material to show that it is exempt
and indicate the applicable exemption category. Unless impossible,
the exempted information or material shall be assigned and clearly
marked by the classifier with specific dates or events upon which
declassification shall occur. Downgrading and declassification
dates or events 'established in accordance with the foregoing, whether
scheduled or non-scheduled, shall to the extent possible be carried
forward and applied whenever the classified information or material
is incorporated in other documents or material.
B. Extracts and Compilations. When classified information or
material from more than one source is incorporated into a new docu-
ment or other material, the document or other material shall be
classified, downgraded and declassified in accordance with the
provisions of the Order and Directives thereunder applicable to %
the information requiring the greatest protection.
C. Material Not Officially Transferred. When a Department holding
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classified infciation or material under the ccumstances described
in Section 3(D) of the Order notifies another Department of its inten-
tion to downgrade or declassify, it shall allow the notified Department
30 days in which to express its objections before taking action.
D. Declassification of Material 30 Years Old. The head of each
Department shall assign experienced personnel to assist the Archivist
of the United States in the exercise of his responsibility under Section
5(E) of the Order to systematically review for declassification all
materials classified before June 1, 1972 and more than 30 years old.
Such personnel will: (1) provide guidance and assistance to archival
employees in identifying and separating those materials originated
in their Departments which are deemed to require continued classi-
fication; and- (2) develop a list which identifies the materials so se-
parated for submission to the head of the Department with recom-
mendations concerning continued classification. The head of the
originating Department will then make the determination required
under Section 5(E) of the Order and cause a list to be created which
identifies the documentation included in the determination, indicates
the reason for continued classification and specifies the date on
which such material shall be declassified.
E. Notification of Expedited Downgrading or Declassification. When
classified information or material is downgraded or declassified in
a manner other than originally specified, whether scheduled or ex-
empted, the classifier shall, to the extent practicable, proxnPtly
notify all addressees to whom the information or material was
originally officially transmitted. In turn, the addressees shall
notify any other known recipient of the classified information or
material.
III - REVIEW OF CLASSIFIED MATERIAL
FOR DECLASSIFICATION PURPOSES
A. Systematic Reviews. All information and material classified
after the effective date of the Order and determined in accordance
with Chapter 21,44 U. S. C. (82 Stat. 1287) to be of sufficient histori-
cal or other value to warrant preservation shall be systematically
reviewed on a timely basis by each Department for the purpose of
making such information and material publicly available in accordance
with the determination regarding declassification made by the classi-
fier under Section 5 of the Order. During each calendar year each
Department shall segregate to the maximum extent possible all such
information and material warranting preservation and becoming de-
classified at or prior to the end of such year. Promptly after the
end of such year the Department responsible, or the Archives
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of the United States if transferred thereto, shall make the de-
classified information and material available to the public to
the extent permitted by law.
B. Review for Declassification of Classified Material Over 10
Years Old. Each Department shall designate in its implementing
regulations art office to which members of the public or Departments
may direct requests for mandatory review for declassification under
Section 5(C) and (D) of the Order. This office shall in turn assign
the request to the appropriate office for action. This office,or
the office which has been assigned action shall immediately acknow-
ledge receipt of the request in writing. If the request requires the
rendering of services for which fair and equitable fees should be
charged pursuant to Title 5 of the Independent Offices Appropriation
Act, 1952 65 Stat 290, 31 U. S. C. 483a the requester shall be so
notified. The office which has been assigned action shall thereafter
make a determination within 30 days of receipt or shall. explain the
reasons why further time is necessary. If at the end of 60 days
from receipt of the request for review no determination has been
made, the requester may apply to the Departmental Committee
established by Section 7(B) of the Order for a determination. Should
the office assigned action on a request for review determine that
under the criteria set forth in Section 5(B) of the Order continued
classification is required, the requester shall promptly be notified,
and whenever possible, provided with a brief statement as to why
the requested information or material cannot be declassified. The
requester may appeal any such determination to the Departmental
Committee and the notice of determination shall advise him of this
right.
C. Departmental Committee Review for Declassification. The De-
partmental Committee shall establish procedures to review and act
within 30 days upon all applications and appeals regarding requests
for declassification. The Department head, acting through the Depart-
mental Committee shall be authorized to over-rule previous determina-
tion in whole or in part when, in its judgment, continued protection is
no longer required. If the Departmental Committee determines that
continued classification is required under the criteria of Section 5(B)
of the Order it shall promptly so notify the requester and advise him
that'he may appeal the denial to the Interagency Classification,Review
Committee.
D. Review of Classified Material Over 30 Years Old. A request
by a member of the public or by a Department under Section 5(C)
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or (D) of the Order to review for declassification documents more
than 30 years old shall be referred directly to the Archivist of
the United States, and he shall have the requested documents re-
viewed for declassification in accordance with Part II. D. hereof.
If the information or material requested has not been transferred
to the General Services Administration for accession into the
Archives, the Archivist shall, together with the head of the De-
partment having custody, have the requested documents reviewed
for declassification. Classification shall be continued in either
case only-where the head of the Department concerned makes at
that time the personal determination required by Section 5(E)(1)
of the Order. The Archivist shall promptly notify the requester
of such determination and of his right to appeal the denial to the
Interagency Classification Review Committee.
E. Burden of Proof for Administrative Determinations. For
purposes of administrative determinations under B., C., or
D. above,the burden of proof is on the originating Department
to show that continued classification is warranted within the terms
of the Order.
F. Availability of Declassified Material. Upon a determination
under B. P. C., or D. above that the requested material no longer
warrants classification it shall be declassified and made promptly
available to the requester, if not otherwise exempt from dis-
closure under the Freedom of Information Act or other provision
of law.
G. Classification Review Requests. As required by Section 5(C)
of the Order, a request for classification review must describe
the document with sufficient particularity to enable the Department
to identify it and obtain it with a reasonable amount of effort. When-
ever a request is deficient in its description of the record sought,
the requester should be asked to provide additional identifying infor-
mation whenever possible. Before denying a request on the ground
that it is unduly burdensome, the requester should be asked to limit
his request to records that are reasonably obtainable. If none the
less the requester does not describe the records sought with suffi-
cient particularity, or the record requested cannot be obtained
with a reasonable amount of effort, the requester shall be notified
of the reasons why no action will be taken on his request.
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IV - MARKING REQUIREM CNTS
A. When Document or Other Material is Prepared. At the time
of origination, each document or other material containing classi-
fied information shall be marked with its assigned security classi-
fication, and whether it is subject to or exempt from the General
Declassification Schedule.
For marking documents which are subject to the General Declassi-
fication Schedule, the following stamp shall be used:
CLASSIFIED BY
SUBJECT TO GENERAL DECLASSIFICATION
SCHEDULE OF EXECUTIVE ORDER 11652
For marking documents which are to be automatically declassified
on a given event or date earlier than the General Declassification
Schedule the following stamp shall be used:
CLASSIFIED BY
AUTOMATICALLY DECLASSIFIED
ON (effective date or event)
For marking documents which are exempt from the General Declassi-
fication Schedule the following stamp shall be used:
CLASSIFIED BY
EXEMPT FROM GENERAL DECLASSIFICATION
SCHEDULE OF EXECUTIVE ORDER 11652
EXEMPTION CATEGORY [9 5B (1), (2), (3) or (4)]
AUTOMATICALLY DECLASSIFY ON (effective date or event if any)
Unless otherwise indicated, the person who signs or finally approves
a document or other material containing classified information shall
be deemed to be the classifier. If the classifier is other than the
signer of the document he shall be identified on the stamp as indicated.
The "Restricted Data" and "Formerly Restricted Data" stamps are,
in themselves, evidence of exemption from the General Declassifica-
tion Schedule. Such data is subject to a specific declassification
schedule under the Atomic Energy Act of 1954.
B. Overall and Page Marking of Documents. The overall classifi-
cation of a document, whether or not permanently bound, or any copy
or reproduction thereof, shall be conspicuously marked or stamped
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at the top andVttom of the outside of the froiWover (if any), on the
title page (if any), on the first page, on the back page and on the out-
side of the back cover (if any). To the extent practicable each interior
page of a document which is not permanently bound shall be con-
spicuously marked or stamped at the top and bottom according to its
own content, including the designation "Unclassified" when appropriate.
C. Paragraph Marking. Whenever a classified document contains
either more than one security classification category or unclassified
information, each section, part or paragraph should be marked to
the extent practicable to show its classification category or that it
is unclassified.
D. Material Other Than Documents. If classified material cannot
be rra rked, written notification of the information otherwise required
in markings shall accompany such material.
E. Transmittal Documents. A transmittal document shall carry on it
a prominent notation as to the highest classification of the information
which is carried with it, and a legend showing the classification, if
any, of the transmittal document standing alone.
F. Wholl Unclassified Material Not Usually Marked. Normally,
unclassified material shall not be marked or stamped "Unclassified"
unless the purpose of the marking is to indicate that a decision
has been made not to classify it.
G. Downgrading, Declassification and Upgrading Markings. When-
ever a change is made in the original classification or in the dates
of downgrading or declassification of any classified information or
material it shall be promptly and conspicuously marked to indicate
the change, the authority for the action, the date of the action, and
the identity of the person taking the action. In addition, all earlier
classification markings shall be cancelled, if practicable, but in
any event on the first page.
(1) Limited Use of Posted Notice for Large Quantities of
Material. When the volume of information or rra terial is such that
prompt remarking of each classified item could not be accomplished
without unduly interfering with operations, the custodian may attach
downgrading, declassification or upgrading notices to the storage
unit in lieu of the remarking otherwise required. Each notice,shall
indicate the change, the authority for the action, the date of the
action, the identity of the person taking the action and the storage
units to which it applies. When individual documents or other
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materials are withdrawn from such storage units they shall
be promptly remarked in accordance with the change, or if the
documents have been declassified, the old markings shall be
cancelled.
(2) Transfer of Stored Quantities Covered by Posted Notice.
When information or material subject to a posted downgrading, up-
grading or declassification notice are withdrawn from one storage
unit 'solely for transfer to another, or a storage unit containing
such documents or other materials is transferred from one place
to another, the transfer may be made without remarking if the
notice is attached to or remains with each shipment.
H. Additional Warning Notices. 'In addition to the foregoing marking
requirements, warning notices shall be prominently displayed on
classified documents or materials as prescribed below. When dis-
play of these warning notices on the documents or other materials'
is not feasible, the warnings shall be included in the written notifi-
cation of the assigned classification.
(1) Restricted Data. For classified information or material
containing Restricted Data as defined in the Atomic Energy Act of
1954, as amended:
"RESTRICTED DATA"
This document contains Restricted Data as
defined in the Atomic Energy Act of 1954.
Its dissemination or disclosure to any un-
authorized person is prohibited.
(2) Formerly Restricted Data. For classified information or
material containing solely Formerly Restricted Data, as defined in
Section 142. d. , Atomic Energy Act of 1954, as amended:
"FORMERLY RESTRICTED DATA"
Unauthorized disclosure subject to Administrative
and Criminal Sanctions. Handle as Restricted
Data in Foreign Dissemination Section 144. b. , It
Atomic Energy Act, 1954.
(3) Information Other Than Restricted Data or Formerly
Restricted Data. For classified information or material furnished
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to persons outside the Executive Branch of Government other than
as described in 1. and 2. above:
"NATIONAL SECURITY INFORMATION"
Unauthorized Disclosure Subject to Criminal Sanctions.
(4) Sensitive Intelligence Information. For classified infor-
mation or material relating to sensitive intelligence sources and
methods, the following warning notice shall be' used, in addition to
and in conjunction with those prescribed in 1., 2., or 3., above,
as appropriate:
"WARNING NOTICE - SENSITIVE
INTELLIGENCE SOURCES AND
METHODS INVOLVED"
V - PROTECTION AND TRANSMISSION
OF CLASSIFIED INFORMATION
A. General. Classified information or material may be used, held,
or stored only where there are facilities or under conditions adequate
to-prevent unauthorized persons from gaining access to it. Whenever
such information or material is not under the personal supervision
of an authorized person, the methods set forth in Appendix A hereto
shall be used to protect it. Whenever such information or material
is transmitted outside the originating Department the requirements
of Appendix B hereto shall be observed.
B. Loss or Possible Compromise. Any person who has knowledge
of the loss or possible compromise of classified information shall
immediately report the circumstances to a designated official of
his Department or organization. In turn, the originating Department
and any other interested Department shall be notified about the loss
or possible compromise in order that a damage assessment may be
conducted. An immediate inquiry shall be initiated by the Department
in which the less or compromise occurred for the purpose of taking
corrective measures and appropriate administrative, disciplinary,
or legal action.
VI ACCESS AND ACCOUNTABILITY
A. General Access Requirements. Except as provided in B. and C.
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below,access to classified information shall be granted in accor-
dance with the following:
(1) Determination of Trustworthiness. No person shall be
given access to classified information or material unless a favorable
determination has been made as to his trustworthiness. The deter-
mination of eligibility, referred to as a security clearance, shall
be based on such investigations as the Department may require in
accordance with the standards and criteria of E. O. 10450 and E. O.
10865 as appropriate.
(2) Determination of Need-to-Know. In addition to a security
clearance, a person must have a need for access to the particular
classified information or material sought in connection with the per-
formance of his official duties or contractual obligations. The
determination of that need shall be made by officials having respon-
sibility for 'the classified information or material.
(3) Administrative Withdrawal of Security Clearance. Each
Department shall make provision for administratively withdrawing
the security clearance of any person who no longer requires access
to classified information or material in connection with the perfor-
mance of his official duties or contractual obligations. Likewise,
when a person no longer needs access to a particular security
classification category, the security clearance shall be adjusted
to the classification category still required for the performance of
his duties and obligations. In both instances, such action shall be
without prejudice to the person's eligibility for a security clearance
should the need again arise.
B. Access by Historical Researchers. Persons outside the Executive
Branch engaged in historical research projects may be authorized
access to classified information or material provided that the head of
the originating Department determines that:
(1) The project and access sought conform to the requirements
of Section 12 of the Order.
(2) The information or material requested is reasonably
accessible and can be located and compiled with a reasonable amount
of effort.
(3) The historical researcher agrees to safeguard the information
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or material in a manner consistent with the Order and Directives
thereunder.
(4) The historical researcher agrees to authorize a review
of his notes and manuscript for the sole purpose of determining that
no classified information or material is contained therein.
An authorization for access shall be valid for the period required
but no longer than two years from the date of issuance unless re-
newed under regulations of the originating Department.
C. Access by Former Presidential Appointees. Persons who pre-
viously occupied policy making positions to which they were appointed
by the President, other than those referred to in Section 11 of the
Order, may be authorized access to classified information or material
which they originated, reviewed, signed or received while in public
office. Upon the request of any such former official, such informa-
tion and material as he may identify shall be reviewed for declassi-
fication in- accordance with the provisions of Section 5 of the Order.
D. Consent of Originatin Department to Disseiination by Recipient.
Except as otherwise provided by Section 102 of the National Security
At of July 26, 1947, c. 343, 61 Stat. 498, as amended, 1 50 U.S.C.
sec 403, classified information or material originating in one
Department shall not be disseminated outside any other Department
to which it has been made available without the consent of the origi-
nating Department.
E. Dissemination of Sensitive Intelligence Information. Information
or material bearing the notation "WARNING NOTICE - SENSITIVE
INTELLIGENCE SOURCES AND METHODS INVOLVED" shall not
be disseminated in any manner outside authorized channels without
the permission of the originating Department and an assessment by
the senior intelligence official in the disseminating Department' as
to the potential risk to the national security and to the intelligence
sources and methods involved.
F. Restraint on Special Access Requirements. The establishment
of special rules limiting access to, distribution and protection of
classified information and material under Section 9 of the Order
requires the specific prior approval of the head of a Department
or his designee.
G. Accountability Procedures. Each Department shall prescribe
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such accountability procedures as are necessary to control effec-
tively the dissemination of classified information or material.
Particularly stringent controls shall be placed on information
and material classified Top Secret.
(1) Top Secret Control Officers. Top Secret Control Officers
shall be designated, as required, to receive, maintain current
accountability records of, and dispatch Top Secret material.
(2) Physical Inventory. A physical inventory of all Top
Secret material shall be made at least annually. As an exception,
repositories storing large volumes of classified material, shall
develop inventory lists or other finding aids.
(3) Current Accountability. Top Secret and Secret infor-
mation and material shall be subject to such controls including
current accountability records as the head of the Department may
prescribe.
(4) Restraint on Reproduction. Documents or portions of
documents containing Top Secret information shall not be repro-
duced without the consent of the originating office. All other
classified material shall be reproduced sparingly and any stated
prohibition against reproduction shall be strictly adhered to.
(5) Restraint on Number of Copies. The number of copies
of documents containing classified information shall be kept to a
minimum to decrease the risk of compromise and reduce storage
costs.
VII - DATA INDEX SYSTEM
Each Department originating classified information or
material shall undertake to establish a data index system for Top
Secret, Secret and Confidential information in selected categories
approved by the Interagency Classification Review Committee as
having sufficient historical or other value appropriate for preser-
vation. The index system shall contain the following data. for
each document indexed: (a) Identity of classifier, (b) Department
of origin, (c) Addressees, (d) Date of classification, (e) Subject/
Area, (f) Classification category and whether subject to or exempt
from the General Declassification Schedule, (g) If exempt, which
exemption category is applicable, (h) Date or event set for
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p
declassification, and (i) File designation. Information and material
shall be indexed into the system at the earliest practicable date
during the course of the calendar year in which it is produced and
classified, or in any event no later than March 31st of the succeeding
year. Each Department shall undertake to establish such a data
index system no later than July 1, 1973, which shall index the
selected categories of information and material produced and classi-
fied after December 31, 1972.
VIII -COMBAT OPERATIONS
The provisions of the Order and this Directive with regard
to dissemination, transmission, or safekeeping of classified infor-
mation or material may be so modified in connection with combat
or combat-related operations as the Secretary of Defense may by
regulations prescribe.
IX - INTERAGENCY CLASSIFICATION
REVIEW COMMITTEE
A. Composition of Interagency Committee. In accordance with
Section 7 of the Order, an Interagency Classification Review Com-
mittee is established to assist the National Security Council in
monitoring implementation of the Order. Its membership is com-
prised of senior representatives of the Departments of State, De-
fense, and Justice, the Atomic Energy Commission, the Central
Intelligence Agency, the National Security Council staff, and a
Chairman designated by the President.
B. Meetings and Staff. The Interagency Committee shall meet
regularly, but no. less frequently than on a monthly basis, and take
such actions as are deemed necessary to insure uniform compliance
with the Order and this Directive. The Chairman is authorized to
appoint an Executive Director, and to maintain a permanent adminis-
trative staff.
C. Interagency Committee's Functions. The Interagency Committee
shall carry out the duties assigned it by Section 7(A) of the Order. It
shall place particular emphasis on overseeing compliance with and
implementation of the Order and programs established thereunder by
each Department. It shall seek to develop means. to (a) prevent over-
classification, (b) ensure prompt declassification in.accord with the
provision of the Order, (c) facilitate access to declassified material
and (d) eliminate unauthorized disclosure of classified information.
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D. Classification Complaints. Under such procedures as the Inter-
agency Committee may prescribe, it shall consider and take action
on complaints from persons within or without the government with
respect to the general administration of the Order including appeals
from denials by Departmental Committees or the Archivist of de-
classification requests.
XI - DEPARTMEN'rAL IMPLEMENTATION
AND ENFORCEMENT
A. Action Programs. Those Departments listed in Section 2(A) and
(B) of the Order shall insure that adequate personnel and funding are
provided for the purpose of carrying out the Order and Directives
thereunder.
B. Departmental Committee. All suggestions and complaints, in-
cluding those regarding overclassification, failure to declassify, or
delay in declassifying not otherwise resolved, shall be referred to
the Departmental Committee for resolution. In addition, the Depart-
mental Committee shall review all appeals of requests for records
under the Freedom of Information Act when the 'proposed denial is
based on their continued classification under the Order or prede-
cessor Orders.
.. C. Regulations and Reports.' Each Department shall submit its pro-
posed implementing regulations of the Order and Directives thereunder
to the Chairman of the Interagency Classification Review Committee for
approval by the Committee. Upon approval such regulations shall be
published in the Federal Register to the extent they affect the general
public. Each Department shall also submit to the said Chairman
(1) copies of the record lists required under Part I.D. hereof by
July 1, 1972 and thereafter quarterly, (2) quarterly reports of
Departmental Committee actions on classification review requests,
classification abuses and unauthorized disclosures, and (3) provide
progress reports on information accumulated in the data index system
established under Part VII hereof and such other reports as said
Chairman may find necessary for the Interagency Classification
Review Committee to carry out its responsibilities.
D. Administrative Enforcement. The Departmental Committees
shall have responsibility for recommending to the head of the
respective Departments appropriate administrative action to correct
abuse or violation of any provision of the Order or Directives there-
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under, including notifications by warning letter, formal reprimand,
and to the extent permitted by law, suspension without pay and
removal. Upon receipt of such a recommendation the head of the
Department concerned shall act promptly and advise the Depart-
mental Committee of his action.
Effective Date: This Directive shall become effective June 1, 1972.
Henry A. Kissinger
Assistant to the President for
National Security Affairs
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 No Objection to Declassification in Full 2012/03/12: LOC-HAK-23-4-8-3 JDIX A
PROTECTION OF CLASSIFIED INFORMATION
A. Storage of Top Secret. Top Secret information and material
shall be stored in a safe or safe-type steel file container having a
built in three-position dial-type combination lock, vault, or vault-type
room, or other storage facility which meets the standards for
Top Secret established under the provisions of (C) below, and
which minimizes the possibility of unauthorized access to, or
the physical theft of, such information or material
B. Storage of Secret or Confidential. Secret and Confidential
material may be stored in a manner authorized for Top Secret
information and material, or in a container or vault which meets
the standards for Secret or Confidential, as the case may be,
established under the provisions of (C) below.
C. Standards for Security Equipment. The General Services
Administration shall, in coordination with Departments originating
classified information or material, establish and publish uniform
standards, specifications and supply schedules for containers,
vaults, alarm systems and associated security devices suitable
for the storage and protection of all categories of classified infor--
niation and material. Any Department may establish for use
within such Department more stringent standards. Whenever new
security equipment is procured, it shall be in conformance with
the foregoing standards and specificationsand shall, to the maximum
extent -practicable, be of the type designated on the Federal Supply
Schedule, General Services Administration.
D. Exception to Standards for Securi Equipment. A s an excep-
tion to (C) above, Secret and Confidential material may also be
stored in a steel filing cabinet having a built in, three-position,
dial-type combination lock; or a steel filing cabinet equipped with
a steel lock bar, provided it is secured by a GSA approved change-
able combination padlock.
E. Combinations. Combinations to security equipment and devices
shall be changed only by persons having appropriate security
clearance, and shall be changed whenever such equipment is placed
in use, whenever a person knowing the combination is transfe;red
from the office to which the equipment is assigned, whenever a corn-
bination has been subjected to possible compromise, and at least
once every year. Knowledge of combinations shall be limited to
the minimum number of persons necessary for operating purposes.
16
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Records of c mbinations shall be classified no ower than the highest
category of classified information or material authorized for storage
in the security equipment concerned.
F. Telecommunications Conversations. Classified information shall
not be revealed in telecommunications conversations, except as may
be authorized under Appendix B with respect to the transmission of
classified information over approved communications circuits or
systems.
G. Responsibilities of Custodians. Custodians of classified material
shall be responsible for providing protection and accountability 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 persons. Custodians shall
follow procedures which insure that unauthorized persons do not
gain access to classified information or material by sight or sound,
and classified information shall not be discussed with or in the pre-
sence of unauthorized persons.
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 No Objection to Declassification in Full 2012/03/12: LOC-HAK-23-4-8-3 VDIX B
TRANSMISSION OF CLASSIFIED INFORMATION
A. Preparation and Receipting. Classified information and material
shall be enclosed in opaque inner and outer covers before transmitting.
The inner cover shall be a sealed wrapper or envelope plainly marked
with the assigned classification and address. The outer cover shall be
sealed and addressed with no indication of the classification. of its con-
tents. 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 addresser,
addressee, and the document, but shall contain no classified informa-
tion. It shall be signed by the recipient and returned to the sender.
B. Transmission of Top Secret. The transmission of Top Secret in-
formation and material shall be effected preferably by oral discussions
in person between the officials concerned. Otherwise the transmission
of Top Secret information and material shall be by specifically desig-
nated personnel, by State Department diplomatic pouch, by ;& messenger-
courier system especially created for that purpose, over authorized
communications circuits in encrypted form or by other means autho-
rized by the National Security Council; except that in the case of in-
formation 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 Department.
C. Transmission of Secret. The transmission of Secret material
shall be effected in the following manner.
(1) The Fifty States, District of Columbia, Puerto Rico.
Secret information and material may be transmitted within and
between the forty-eight contiguous states and District of Columbia,
or wholly within the State of Hawaii, the State of Alaska, or the
Commonwealth of Puerto Rico by one of the means authorized for
Top Secret information and material, the United States Postal
Se-rvice by registered mail and protective services provided by
the United States air or surface commercial carriers under such
conditions as may be prescribed by the head of the Department
concerned.
(2) Other Areas, Vessels, Military Postal Services, Aircraft.
Secret information and material may be transmitted from or to or
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W
within areas other than those specified in (1) above, by one of the
means established for Top Secret information and material, captains
or masters of vessels of United States registry under contract to a
Department of the Executive Branch, 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 citizen
control and does not pass through a foreign postal system, and
commericial aircraft under charter to the United States and military
or other government aircraft.
(3) Canadian Government Installations. Secret information
and material may be transmitted between United States Government
or Canadian Government installations, or both, in the forty-eight
contiguous states, Alaska, the District of Columbia and Canada by
United States and Canadian registered mail with registered mail
receipt.
(4) Special Cases. Each Department may authorize the use
of the United States Postal Service registered mail outside the forty-
eight contiguous states, the District of Columbia, 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 Govern-
ment and United States citizen control and does not pass through a
foreign postal system.
D. +Transmittal of Confidential. 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 classifications, or by certi-
fied or registered mail. Outside these areas, Confidential infor-
mation and material shall be transmitted in the same manner as
authorized for higher classifications.
E. Alternative Transmission of Confidential. Each Department
having authority to classify information or material as "Confidential"
may issue regulations authorizing alternative or additional methods
for the transmission of material classified "Confidential" outside of
the Department. In the case of material originated by another.agency,
the method of transmission must be at least as secure as the trans-
mission procedures imposed by the originator.
19
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V
F. Transmission Within a Department. Department regulations
governing the preparation and transmission of classified information
within a Department shall ensure a degree of security equivalent
to that prescribed above for transmission outside the Department.
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