Published on CIA FOIA (foia.cia.gov) (https://www.cia.gov/readingroom)


CLASSIFICATION MANAGEMENT

Document Type: 
CREST [1]
Collection: 
General CIA Records [2]
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP86-00674R000200190003-8
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
46
Document Creation Date: 
December 20, 2016
Document Release Date: 
July 12, 2007
Sequence Number: 
3
Case Number: 
Publication Date: 
March 18, 1976
Content Type: 
MEMO
File: 
AttachmentSize
PDF icon CIA-RDP86-00674R000200190003-8.pdf [3]2.64 MB
Body: 
Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 SEA&ER WILL CHECK CLASSIFICATION TOP AND BOTTOM UNCLASSIFIED CONFIDENTIAL SECRET OFFICIAL ROUTING SLIP STAT TO - NAME AND ADDRESS DATE INITIALS I- ^ A I97' . Z 3 4 ~/ 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks: e:~z 74~ V~67~~ STAT STAT FOLD HERE TO RETURN TO SENDER FROM: NAME. ADDRESS AND PHONE NO. DAT UNCLASSIFIED CONFIDENTIAL RET . 'TI !!0- 717 Use previous editions (40) Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 STA Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 j ?~ ~QPTIOWAL FORM NO. to .p MA h^~4 GSA FPMR (41 CFR) 101-11s 'UNITED STATES GOVERNMENT Memorandum STAT TO DATE: 18 March 1976 FROM : I STAT SUBJECT: Classification Management You asked for some ideas on things we could do over the next six months to build momentum on classification management. My ideas are below. I think training is the critical factor. Many people have either never heard of Executive Order 11652 or have forgotten about it. Several things can be done now in this area. You mentioned that you have been making the lecture circuit (conferences, meetings, training courses, etc.). That is fine as far as it goes but it only reaches one group: The busy beaver classifiers don't attend those affairs. I think we need to go out into the offices to brief people, perhaps even speak at division level staff meetings, to emphasize the need for constant vigilance in classification application. has completed STAT the art work for the narrated slide presentation on EO 11652. Certainly it should be finished and packaged within six months. Guidelines must be issued explaining what is classified and how to determine the level of classification necessary to protect information. Specific examples are needed to bring the concept out of the abstract realm. The example that comes to my mind is STAT Something needs to be done about secretaries who classify documents usinq their bosses' numbers. I don't question the judgement of a senior secretary who makes a conscious classification decision in which her boss concurs, but many secretaries automatically grab the closest stamp without regard for the legitimacy of the classification they apply to the document. Once we have guidelines I think a special effort should be made to reach secretaries. Of course they should be included in any training programs on classification as a sharp secretary can often help her boss in this area. My proposal to task directorate Records Management Officers to inspect for classification abuses might be too narrow to do an effective job. Buy U.S. Savings Bonds Rezularly on the Payroll Savinv_r Plan Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 SUBJECT: Classification Management To cover a wider sector we might consider having a classification manager assigned in each office who could review classification practices and instruct others in proper procedures. I think something must be done about GDS exemptions. Your idea that classifiers designate a date for declassification is worthwhile. Such a step would cause originators to make a conscious decision on classifica- tion. On the other hand though, those interested in avoiding such a decision would automatically designate the longest time period possible. Another idea' which I hesitate to mention,is paragraph marking. This could also cause originators to take time to consider classifications, but like GDS exemptions, those interested in thwarting the system will do so. STAT STAT Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 ULL is-1583/b CENTRAL INTELLIGENCE AGENCY WASNmGTON,D.C. 20505 Honorable Bella S. Abzug, Chairwoman Subcommittee on Government Information and Individual Rights Committee on Government Operations House of Representatives Washington, D. C. 20515 Dear Madam Chairwoman: followed by the answers. This is in response to your letter requesting information on Agency procedures related to the classification of official infor- mation pursuant to Executive Order (E. 0.) 11652 as well as aspects of the protection of Agency intelligence sources and. methods under . the National Security Act of 1947 and the above mentioned Executive Order. Enclosed herewith are the questions set forth in your letter which implements the various provisions of orders and directives on this subject. Since a copy of this regulation. has previously been forwarded to your Subcommittee, reference is made. thereto without including the regulation as an enclosure.. reviewed and may be revised. Therefore, the enclosed informations while it describes the current state of Agency procedures in 1h.i-s area, may change within the near future. Additionally there are several references in this letter to Agency regulation STAT As you know, the President has recently issued JB.. 0.. 11905. As a result, Agency. regulations dealing with the classification of information and the protection of sources and methods will. be Sincerely,. %s/ George Bush George Bush Director Enclosure Distribution: Original - Addressee 1-ER 1 - DCI 1 - OGC 1 - DDCI DDA 1 - D/DCI/IC 1 - OLC Subject 1 - D/DCI/NIO 1 - OLC Chrono r r (26 February 1976) >>~s ~g~6STAT i i . ~A'~hOcS Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Response to Questions Posed by the Government Information and Individual Rights Subcommittee of the Committee of Government Operations of the House of Representatives QUESTION: "1) Implementation of Policy. Please identify each office in your agency that is functionally responsible for developing. and publishing regulations in implementation of policy in Executive Order 11652 for classifying and declassifying official information." ANSWER: The Deputy Director for Administration, in consul- tation with and upon the legal advice of the Office of General Counsel, is responsible for promulgating all Agency regulations. The Deputy Director for Administration, in drafting regulations implementing the provisions of E. 0. 11652, coordinates those regulations with all interested components of the Agency. The Deputy Director for Administration issues such regulations unless the General Counsel advises that such regulation must be signed by the Director of Central Intelligence. QUESTION: "2) Criteria for Official Information. What is the criteria established by your agency for its use in determining whether an item of infor- mation is 'official information' and subject to possible classifi- cation under Executive Order 11652? Please include comment especially applicable to intelligence sources and methods." ANSWER: Agency regulation 0 states that "all information, STAT classified or unclassified, received, compiled, or created by the CIA (except personal copies of unclassified personnel papers) is official data and the property of the U. S. Government." QUESTION: "3) Criteria for Classifying. Please state the criteria established by your agency for its use in determining: Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 a) whether an item of official information other than intelligence sources and methods, requires protection under Executive Order 11652 against unauthorized dis- closure in the interest of the national defense of the United States?" ANSWER: Agency regulation Part I, paragraph d, sets forth the criteria used to determine whether official information requires protection under E. 0. 11652. "b) whether an item of official information revealing an intelligence source requires protection under. 50 U.S.C. 403(d)(3) and Executive Order 11652 against unauthorized disclosure in the interest of the national defense of the United States." and STAT "c) whether an item of official information revealing an intelligence method requires protection under 50 U.S.C. 403(d) 3 and Executive Order 11652 against unauthorized disclosure in the interest of the national defense of the United States." ANSWER: Official information bearing on intelligence sources and methods which require protection inherently involves a mosaic of isolated and often seemingly unrelated bits and pieces of information which if improperly disclosed could endanger or reveal such sources and methods. The main criterion involves the application of experienced judgment to all aspects of the intelligence process in order to insure that any disclosure will not lead to counteraction which would jeopardize the continued existence and productivity of an intelligence source or method. In short, the criteria used to determine whether an item of information reveals an intelligence source or a method are not easily defined nor are they static. General guidelines have been set out which an official, in determining whether an item of infor- mation revealing an intelligence source or a method needs to be protected, should follow. Such guidelines are embodied. in Agency regulation 0 the National Security Council STAT Directive on Classification, Downgrading, Declassification and Safeguarding of National Security Information of May 17, 1972 (Attachment A), and Director of Central Intelligence Directive No. 1/7 effective 5 October 1975 (Attachment B). Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 QUESTION: "4) National Defense and Foreign Relations. Section 1 of Executive Order 11652 requires that official information be classified for protection against unauthorized disclosure in the interest of (i) the national defense or (ii) foreign relations of the United States. This Presidential directive shows that 'national defense' and 'foreign relations' are mutually exclusive alternativesfor deciding whether to classify information." ODMMENT: In regard to the last sentence of the above paragraph, it should be pointed out that section 1 of E. 0. 11652 states in part as follows: "official information or material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (herein- after collectively termed 'national security')...." Since both national defense and foreign relations categories are collectively termed national security it would seem that the intent of E. 0. 11652 would not lead to the conclusion that national defense or foreign relations are mutually exclusive alternatives for deciding whether to classify information. In other words, "national security" includes both categories. "a) Are there circumstances in which the unauthorized disclosure of information regarding foreign relations of the United States, such as the disruption of foreign relations, could reasonably be expected to cause damage to the national defense?" ANSWER: Yes. As an example, disclosure of certain infor- mation could cause a strain or a break in relations with a foreign country with which the U. S. has a mutual defense agreement which in turn could result in the denial to the U. S. by that country of the use of military bases in that country thus possibly damaging our national defense. "'b) Could the Central Intelligence Agency perform its functions effectively if your authority to classify information for secrecy should be limited to information requiring protection in the interest of national defense, as was the case under Executive Order 10501?" ANSWER: Whether the Agency could perform its functions effectively would depend on the interpretation that would Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 be given to the term "national defense" if adopted in the environment of today's world. Currently, this Agency is charged with the responsibility to produce intelligence on a wide range of "foreign relations" type matters for the use of our policy- makers. Unless such information when necessary could be protected from unauthorized disclosure then the Agency could not perform such functions effectively. It seems clear from a reading of E. 0. 10501 that the term "national defense" as used therein included some of the above types of "foreign relations" matters. However, I feel that if the decision were made to replace E. 0. 11652 with its predecessor E. 0. 10501, then the term "national defense" would need careful and ample definition. QUESTION: "5) Authority to Classify. Please state: a) The number of senior principal deputies and assistants to the Director who currently exercise authority under section 2(A)(2) of Executive Order 11652 to classify information originally as Top Secret." ANSWER: As of December 31, 1975, there were eleven senior principal deputies and assistants to the Director who exercised such authority. "b) The number of individuals, other than those in major elements of the agency as referred to in c) below, who exercise authority under section 2(B)(2) and (C) of Executive Order 11652 to classify infor- mation originally as: (1) Secret (2) Confidential" ANSWER: There are no individuals, other than those in major elements of the Agency as referred to in question 5) c), who exercise authority to classify information Secret or Confidential. 4 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 "c) The identity of each major element of the agency, as that term is used in section 2(A)(3) of Executive Order 11652, and the number of individuals, if any, in each such major element who currently exercise authority under the Executive Order to classify information originally as: (1) Top Secret (2) Secret (3) Confidential" ANSWER: The major elements of the Agency are: Office of the Director Office of General Counsel Office of Legislative Counsel Office of Inspector General Intelligence Community Staff National Intelligence Officers Office of the Comptroller Office of the Deputy Director for Intelligence Office of the Deputy Director for Administration Office of the Deputy Director for Operations Office of the Deputy Director for Science and Technology Within the above listed major elements, there are ~ ersons authorized to classify information Top Secret, ersons authorized to classify information Secret, and ersons authorized to classify information Confidential. The above numbers do not include the Director or his senior principal deputies and assistants who head each of the major elements listed above. For security reasons, it is felt that the above numbers should not be broken down further in an unclassified document. QUESTION: "6) Effect of Limitation on Authority to Classify. According to section 2 of Executive Order 11652, and section I.A. of the National Security Council Directive of May 17, 1972, no person may exercise classification authority except those officials who are designated in the order or are specified in writing STAT STAT STAT Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 pursuant to the order. Section I.B. of the N.S.C. Directive makes clear the fact that whenever a person incorporates into a document an item of information that is already classified, the previously assigned classification shall be reflected on the newly created document together with the identity of the classifier. Please advise whether the agency: a) Permits any person to exercise classification authority other than the Director and those officials who are specifically designated in writing pursuant to section 2, Executive Order 11652." ANSWER: Agency regulations do not permit Agency officials to classify information unless authorized pursuant to the provisions of Agency regulation Q Part II a. STAT Part II b of that regulation directs that in the event a person does not have authority to properly classify information, that person shall forward such information to someone who has such authority. "b) Considers this restriction on authority to assign security classifications as being satisfactory for performance of agency functions and responsibility." ANSWER: This Agency does not consider such restriction on authority satisfactory for the performance of Agency functions and responsibilities. QUESTION: "7) Classification of Projects. a) Does the agency permit officials with classifying authority to assign a classification to projects and programs in their entirety, with no distinction between classified and non- classified items, and, if so : 1) How many officials exercise such authority? 2) What are the instructions that apply to proposals for (a) assigning such classifications, and (b) downgrading and declassifying information regarding such projects and programs? 6 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 3) How is the assigned classification communicated to individuals whose duties require that they have knowledge of it and who are expected to safeguard the items of information involved?" ANSWER: Agency regulation Part II b provides that "a determination shall be made with respect to each document originated by CIA as to which security classification category (Top Secret, Secret or Confidential) if any, is applicable to the document." Agency regulations do not permit the classification of projects and programs in their entirety without distinction between classifiable and non-classifiable information. QUESTION: "8) Compilations of Non-Classified Information. Does the agency permit the placement of a security classification marking on compilations of items of non-classified information, such as a list of non- classified documents or a reproduction of non-classified documents on microfilm, and, if so, what are the instructions for: STAT a) Assigning such classification? b) Cancelling an assigned classification?" ANSWER: In general, Agency regulations do not permit the classification of compilations of items of non-classified information. However, as set out in 0 Part II b (2), STAT "Intelligence and intelligence sources and methods inherently involve a mosaic of information. Isolated and apparently unrelated items of information could endanger or reveal intelligence sources and methods." In the event a compilation of non-classified items, which, individually, would not be classifiable, was determined as revealing classifiable intelligence or intelligence sources and methods when joined in a compilation, then the classification of such a compilation would be permissible under Agency regulations and applicable statutes. QUESTION: "9) Special Handling Procedures. Please furnish us: Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 a) A list of every marking and designator other than Top Secret, Secret and Confidential that the agency uses under section 9, Executive Order 11652, to indicate special access limitations and special handling requirements for classified information, and a statement of the meaning and use of each such marking and indicator." ANSWER: Certain markings and designators used. by the Agency to indicate special access limitations and special handling re uirements for classified information are listed in and Attachments A and B hereto. Such documents also contain a statement of the meaning and use of each such marking and indicator. In addition to the above mentioned markings and designators, this Agency utilizes additional markings/designators to indicate the need for special handling which are in furtherance of the "need-to-know" principle described in E. 0. 11652 and Attachments A and B. However, a listing of such special markings/designators together with a statement of the meaning of each such marking/ designator could not be provided in unclassified form without serious risk to the security of certain matters the compromise of which could endanger sensitive sources and methods. "b) The number of (1) Members of Congress and (2) the number of Congressional staff employees who are designated to have access to agency information bearing special access restrictions." ANSWER: (1) Members of Congress and/or Congressional committees and their staffs are given access to Agency information on matters within their jurisdiction as described in the rules of each House consistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure. (2) As of 5 January 1976, 78 Congressional staff employees had been cleared for access to Agency information bearing special access restrictions on a need-to-know basis. STAT Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 CIA-RDP86-00674R000200190003-8 QUESTION: "10) Accountability Records. Section 6(E) of Executive Order 11652 requires that appropriate accountability records for classified information shall be established and maintained. a) Please describe the system or systems operated by the agency to account for documents and other items classified: (1) Top Secret (2) Secret (3) Confidential" ANSWER: (1) The Agency's procedures for accounting for Top Secret documents are based on E. 0. 11652, the National Security Council implementation instructions (Attachment A), Intelligence Community directives, and Agency regulation Under these procedures, designated individual component control officers maintain day-to-day control, accountability and locatability for each Top Secret document originated by, received in, held by or transmitted out of their components. Appropriate receipts and records are maintained. Control of certain Top Secret documents is presently being converted from a manual decentralized inventory/control system to an automated centralized inventory system. (2) and (3) Agency regulations require that accountability of Secret and Confidential material be maintained by the receipting of such material transmitted outside the Agency and the use of inventory lists, logs or other finding aids for internal control. "b) Does the agency require that each completed Top Secret, Secret and Confidential document be recorded on the designated accountability record, including documents held by agency contractors, and, if so, is action taken on a continuing basis to assure adherence to the requirement?" ANSWER: The Agency requires that Top Secret documents be recorded in the designated accountability record regardless of whether they are held by the Agency or by a contractor. Secret and Confidential records held by contractors are recorded on accountability records which are inspected approximately annually. There is no action taken on a Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 QUESTION: "11) continuing basis to assure adherence for Secret and Confidential documents held by the Agency. We rely on the integrity of our employees and contractors and on normal supervision of such persons for adherence to requirements. Does the requirement that accountability records be maintained for classified documents serve to make them quickly available for review when access to them is requested under the Freedom of Information Act?" ANSWER: The accountability system for the control of Top Secret documents serves to make any document classified Top Secret readily available for review once such document is identified as containing the subject matter of a Freedom of Information request. However, most Freedom of Information requests are couched in terms which do not identify a specific or known document, for which the accountability system for control would be helpful. The requests usually are broad and in all-inclusive terms which requires considerable research before a document can be identified. The new centralized Top Secret control system will include a "quick listing" based on key words in document titles, which is expected to be of significant help in expediting the identi- fication of documents which may have a bearing on a particular Freedom of Information request. Systematic Review for Declassification. Section 6(G) of Executive Order 11652 requires that classified information be reviewed on a systematic basis for declassification at the earliest practicable date. Please describe the system or systems operated by the agency for reviewing classified documents and other classified items to determine whether the classification may be cancelled. (This request applies to review of individual items, not.to review of regulations or guides for assigning classifications.)" Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 ANSWER: Part III of Agency regulation which implements E. 0. 11652, contains language similar to that of section 6(G) of the Order. It states that "...Agency components, to the extent practicable, shall review documents on a systematic basis and declassify and downgrade them, as warranted." In connection therewith, this Agency has the following active declassification programs: (1) Documents of Predecessor Agencies. Pursuant to section III A of Attachment A and section 5(E) of E. 0. 11652, the Agency in collabo- ration with the Records Declassification Division of the National Archives, is reviewing 30-year-old materials originated by CIA's predecessor agencies (the Coordinator of Information and the Office of Strategic Services). Significant progress has been made in completing the review of records held by the National Archives and Presidential libraries, and our efforts are now being concentrated on documents still in the custody of CIA. Some declassified record series have already been turned over to the National Archives for accessioning, e.g., OSS motion picture films, OSS maps, and captured German military-geographic studies. (2) Freedom of Information/Privacy Act Requests. As a result of the recent amendments to the Freedom of Information Act and the Privacy Act, this Agency is devoting a major effort to the review of Agency documents to determine which documents requested under these Acts have been or can be declassified. From January 1, 1975 to November 20, 1975 this Agency had received a total of 6,793 such requests. For a further discussion of the disposition of these requests, please see the letter from former Director Colby to you dated 20 December 1975. Materials declassified, in whole or in part, as the result of FOIA and Privacy requests are provided on a continuing basis to a commercial firm which indexes and microfilms the documents and makes their products available to the public on a commercial basis. (Other federal agencies are also involved in this program.) Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 (3) Mandatory Declassification Review Requests. As a result of the provisions of E. 0. 11652 as implemented by Part III a (3) of Agency regulation this Agency frequently receives requests STAT for the review of certain Agency documents. This Agency receives on the average 230 such requests per year. (4) Other. In addition to the above mentioned programs, this Agency reviews certain specific documents or series of documents on an ad hoc basis as a result of particular requests. For example, a very large number of documents were reviewed for declassification as a result of the requests for documents levied by the Rockefeller "Commission on CIA Activities Within the United States," as well as the Senate and House Select Committees on Intelligence. Currently, the Agency is-also reviewing all Agency documents provided the Warren Commission for the purpose of declassifying and releasing for public access as many of those documents as possible. With respect to the above programs, the Agency publishes an Annual Declassification List, which. includes citations to all documents which have become declassified through the Advanced Declassification Schedule or the General Declassification Schedule. Copies of this report are provided the National Archivist and documents listed therein become available to members of the public through that office. 11b) In practice, is each classified document held by the agency reviewed specifically for declassification on any established schedule, such as each six months, and, if not,'would a requirement for such a review be practicable?" ANSWER: Except for the programs described above, this Agency does not have a program aimed at the review of each individual classified Agency document for possible declassifi- cation on an established schedule and a requirement for a periodic review, such as every six months, would not be practical. Consideration has been given to establishing a Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 systematic program for reviewing all classified documents at specified periodic intervals. However, in view of the large volume of classified matter originated by the CIA, it is obvious that even that type of program would require a huge manpower commitment, thereby adversely affecting programs of higher priority. Moreover, the inherent sensi- tivity of intelligence sources and methods makes it questionable whether a program for the systematic classification review of all documents would result in a significant percentage of them being declassified, or even downgraded. We do plan to continue our con- sideration of the feasibility of such a program or, as an alternative, changes in the format and content of our intelligence reports which would enable us to make more of them subject to the General Declassification Schedule. "c) Is each classified document held by agency contractors reviewed specifically for declassification (1) on any established schedule, and (2) at completion of the contract which required use of the document?" ANSWER: Classified documents held by Agency contractors are copies of documents held by the Agency. A review is made at the completion of each contract which may result in their being declassified. or being returned to the Agency, but usually results in their being destroyed. There is no established schedule for reviewing these documents for declassification. "d) Is each document with a classification notation, reviewed specifically for declassification at the time it is pro- cessed out of an office for retirement, and if not, why cannot such a review be made?" ANSWER: Due to the enormous amount of classified material produced by this Agency, no program exists which would provide for a classification review of each classified document as it is processed out for retirement. Such a program would call for such an extremely large manpower commitment as to be almost physically impossible and would adversely affect Agency programs of higher priority. Furthermore, it is sub- mitted that such an expenditure of public funds should 13 . Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 be geared to meet specific requirements clearly in the public interest. The interest must prompt the review. "e) Please advise us of any special instructions on reviewing intelligence sources and intelligence methods for declassification, including the authori- zation for declassification." ANSWER: This Agency has not issued any special instructions for reviewing information bearing on intelligence sources and methods for declassification. However, as a member of the United States Intelligence Board Security Committee, the Agency helped prepare a proposed set of guidelines entitled Interim Intelligence Community Guidelines for Declassification or Extended Classification of Information Concerning Intelligence Sources and Methods. This proposal is presently under review by the Interagency Classification Review Committee. Upon concurrence, it will be submitted to the appropriate office for approval, promulgation and use by this Agency as well as others. QUESTION: "12) Exemption of Classified Information from General Declassification Schedule. Please state, to the extent practicable, the percentage of agency documents in each classification category that are designated as being exempt from the general declassification schedule in section 5(A), Executive Order 11652." ANSWVER: As noted previously, the Director of Central Intelligence is charged by statute to protect intelligence sources and methods from unauthorized disclosure. Inherent in substantive information are clues to the means (source or method) by which it was obtained. Agency documents containing such information must normally be pro- tected beyond the automatic declassification period to insure the continued efficacy of these sources and methods. Therefore, most Agency documents must be exempted from automatic declassification. It is not practicable to estimate the percentage of all Agency documents, whether by category or overall, that are so exempted. It can be said, however, that a large majority of Agency documents are so exempted. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 UESTION: "13) Classified Contracts. Would you please state: a) Approximately how many of the agency's prime contracts currently in force involve disclosure to the contractor of information classified - (1) Top Secret (2) Secret (3) Confidential" ANSWER: Agency contracts currently in force do not readily fall into the. categories of Top Secret, Secret, and Confidential since many. contracts call for disclosure to the contractor of a mixture of information bearing different degrees of classification. Given this, it is our best estimate that of the total number of Agency contracts, seven percent involve the disclosure to the contractors of information classified Top Secret, twelve percent involve Secret information, and forty-seven percent involve disclosure of infor- mation classified Confidential. "b) Approximately how many agency projects that are currently under contract awarded by some other agency involve dis-. closure to the contractor of information classified - (1) Top Secret (2) Secret (3) Confidential" ANSWER: Information relative to the number of Agency projects currently under a contract awarded by some other federal agency which involve the disclosure to the contractor of classified information is not part of any of the Agency's automated systems and an answer to this question would require an immense amount of labor in manual research. Such a search would be further complicated by the fact that in many cases the Agency simply transfers funds to another agency which may do the work in-house, may contract out the work, or may utilize both. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 "c) How many different commercial firms and other non-Federal entities are involved in performance of the agency's classified contracts." ANSWER: There are 638 commercial firms and other non-federal entities which participate in Agency contracts involving classified information. . QUESTION: "14) Non-Classified Intelligence Sources and Methods. If an item of information revealing an intelligence source or an intelligence method does not qualify for a classification of Confidential or higher under Executive Order 11652, do you consider that you have responsibility under 50 U.S.C. 403(d)(3) for protecting such information from unauthorized. disclosure, and if so: a) What is the basis for that belief? b) What criteria apply in determining the need for protection? c) What protection system is used? d) What would constitute an unauthorized disclosure?" ANSWER: The responsibility placed upon the Director of Central Intelligence by the National Security Act of 1947 to protect intelligence sources and methods, and the require- ments and authorities of E. 0. 11652 to protect national security information and material levied on specified U. S. Government agencies and departments, are separate authorities and obligations. While some information which would reveal intelligence sources and methods would also clearly fall within the definitions of classifiable information set forth in E. 0. 11652, not all such information is so readily categorized. In other words, information which would reveal intelligence sources and methods may require protection under both E. 0. 11652 and the National Security Act of 1947; however, not all intelligence sources and methods information may necessarily meet the classification criteria set forth in the Executive Order. Since these are two separate and distinct authorities and obligations, a discussion of criteria used to protect one type of information will not necessarily produce an under- standing of the criteria used to determine classifiability of he other. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 While the criteria used to determine whether information is classifiable under E. 0. 11652 is explicit in that Order, there are no criteria established in the National Security Act of 1947 to determine when and how information regarding sources and methods should be protected. This is left to the discretion of the Director of Central Intelligence. In fact, the Director of Central Intelligence uses many different means to protect information which would reveal sources and methods depending upon the sensitivity involved. These means range from a utilization of the provisions of paragraphs VI A (1) and (2) of Attachment A concerning the determination of trustworthiness (security clearance) and the need-to-know of the recipient of information; to physical control of information by limiting the access thereto by restricting access to the buildings in which such infor- mation is stored by locking such information in safes and vaults, by employing human guards to control access and by other physical means. Another means adopted by the Director of Central Intelligence to protect information bearing on intelligence sources and methods is to apply the classification system set out in E. 0. 11652 to such information. In this regard, see Agency regulation 0 Parts I b, II b, and II B (2) which set forth inter alia that "The responsibility of the Director to protect intelligence sources and methods, as prescribed by the National Security Act of 1947, also will be implemented by CIA actions under the Order" [E. 0. 11652]; that "The classification decision shall be based upon the definitions of security information (Part I, Section d) and the principles prescribed in the following paragraphs;" and that "Intelligence and intelligence sources and methods inherently involve a mosaic of information. Isolated and apparently unrelated items of information therefore could. endanger or reveal intelligence sources and methods." Both civil and criminal legal remedies are available for certain unauthorized disclosures of classified information. Any disclosure of information which would reveal intelligence sources and methods, when such disclosure is not made pursuant to Agency regulations or authorizations, would be. unauthorized in terms of this question. QUESTION: "15) Referral of Violations to Department of Justice. Please state STAT 17 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 the number of cases arising in the agency during the preceding two-year period under section 13, Executive Order 11652, involving: a) An officer or employee being disciplined for the unauthorized disclosure of classified information." ANSWER: With the exception of administrative penalties or security violations, e.g. leaving a safe open, or leaving a classified document exposed, in which an actual unauthorized disclosure could not be ascertained, records of this Agency do not reveal that any officer or employee has been disciplined for the unauthorized disclosure of, classified information. "b) The referral to the Department of Justice of a possible violation of criminal statutes regarding unauthorized disclosure of information." ANSWER: Three cases have been brought to the attention oT-tFe- Department of Justice in which this Agency believes there was a possible violation of the criminal statutes regarding the unauthorized disclosure of infor- mation. 914WV9 6 Z ivj 83 b3 gig 18 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 -- Chapter ht--Pre;-deutial Documents, etc. DIRECTIVE OF MAY 17, 1972 - - National. Security ' Council D c Eve. Governing the. Lion and Declassification of National Security Information and Material," approved March 8, 1972 (37 F.R. 5209, March 10, 1972) be implc-- The President has directed that Executive Order 11652, "Classifica- of National Security Information Declassification and. Safeguarding Classification, Do- nrngrading; C. Identification of Classifier. The person at the highest level author'.z- ing the classification must be identified on the face of the.information or material classified, unless the identity of such person might disclose sensi- tive intelligence information. In the latter instance the Department shall establish some other record by which the classifier can readily be thereon together with the identity of the classifier . the previously assigned security classification category shall be reflected classified by an official designated under A above is incorporated in an- other document or other material by any person other than the classifier, B. Observance of Classification. Whenever information or material under the Order, and may not be delegated. Such officials may classify information or material only at the le.-el.au- thorized or below. This authority vests only to the o racial desi ated A. Personal and Non-delegable. Classification authority may be ex- ercised only by those officials -who are designated by, or in writing pur-? suant to, Section 2 of Executive Order 11652 (hereinafter the "Order") mented in accordance with the following: AUTxoRrrY To CLASSIFY identified. D. Record Requirement. Each Department listed in Section 2(A) of the Order shall maintain a listing by name of the o cials % ho have been designated in writii to have Top Secret classification ai1thC'rLLy. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Chao' LET IIi--Pre,;:den`ia1 Docurna-"::-, etc. other material, the document or other material shall be classified, down-. graded or declassified in accordance with the provisions of the Order and Directives thereunder applicable to the information requiring the greatest protection. C. Alaterial Not Officially Transferred. When a Department holding classified information or material under the circumstances described in Section 3(D) of the Order notifies another Department of its intention to downgrade or declassify, it shall allow the notified Department 30 D. Declassi fcation of Material 30 Years Old. The head of each De- partment shall assign experienced personnel to assist the Archivist of the United States in -the exercise of his responsibility under Section 5 (#) of the Order to systematically review for declassification all materials classified before June 1,.1972and more than 30 years old. Such p,- sonnel will: .(1) provide guidance and assistance to archival employees in identifying and separating those materials originated in their Depart- ments which are deemed to require continued classification; and (2) develop a list for submission to the head of the Department -which identi- fies the materials so separated, with recomrnendations concerning con- tinued classification. The head of the origin atin g Department will then make the determination required under Section 5(E) of the Order and cause a list to be created which identiE the documentation included in the determination, indicates the reason for continued classification and specifies the date on which such material shall be declassified. V. tVotifrccition of Dxhedited Down -rcdin. or Declassification. -{then classified information or material is downg aded or declassified in a manner other than originally specified, whether scheduled. or exempted, the classifier shall, to the extent practicable, prompdv notify all address- ees to whom the information or material was origir?.all c tc-ally trans- mitted. In turn, the addressees shall notify any other k,- o:~-n recipient of the classified information or material. III REVtt-EW OF CLASSIFIED MATERIAL FOR DECLa s'.FICAT'O`: PURPOSES ti A. Sys tvrr!ad Reviews. Ail information and 1 n?tar r1 Cis silk L I.. after the effectiyt date of tit: Order and detcrsnin Cb ii - i ter 21, +1 U. (82) St at. 122)7) to be of >l~ir::. histo:ical or of er value to warrant preserve ttoa sh 1i bC s .5t,:..........~t1' Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 .r-days in which to express its objections before taking. action. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Tit-ta 3A--The Pr_sid~at, Appendix 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 designated in writing to have Con- fidential authority. In cases where luting of the names of officials having classification authority might disclose sensitive intelligence information, the Department 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 at least 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 shouIi strictive treatment. II DowNoRAD1NG AND DECLASSIFICATION A. General Declassificatior. Schedule and Exemptions. Classified in- formation and material shall be declassified as soon as there are no longer any grounds for continued classification within the classification 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 a specific date or event upon which downgrading or declassifica- tion 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. Whenever earlier dates or events cannot be determined, the General Declassification Schedule set forth in Section 5 (A) of the Order shall apply. If the information or material is exempted under Sec- tion 5(B) of the Order from the General Declassification Schedule, the classifier shall clearly mark the material to show that it is exec pt and indicate the applicable exemption category. Unless impossible,'- the ex errpted information or material shall be assigned and clearly marked by the classifier with a specific date or event upon iVhich declassification shall occur. Downgrading and declassification dates or events establhed in acordance with the foregoing, whether scheduled or non-scheduled, shall to the extent possible be carried forward ant applied wherever the classified information or material is incorporated in other docun;ens or material. B. Extrac!s and Co.,rj :icztions. When classified information or mate- rial from more than one Source is incorporilled into a new CiC.cum Zt or Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Title 3A--The President, Appendix basis by each Department for the purpose of making such information and material publicly available in accordance with the determination regard- ing declassification made by the classifier under Section 5 of the Order. During each calendar year each Department shall, segregate to the maxi- mum extent possible all such information and material warranting pres- . ervation and becoming declassified at or prior to the end of such year. Promptly after the end of such year the Department responsible, or the Archives of the United States if transferred thereto, shall mane the de- classified information and material available to the public to the extent permitted by law. B. Review for Declassification of Classified Afaterial Over 10 Years Old. Each Department shall designate in its implementing regulations an. office to which members of the public or Departments may direct re-, quests for mandatory review for declassification under Section 5 (C) and (D) of the Order. This office shall in turn assign the request to the ap- propriate office for action. In addition, this office or the office which has been assigned action shall immediately acknowledge receipt of the request in writing. if the request re 1uires the rendering of services for which fair and equitable fees should be charged pursuant to Title 5 of the Inde- pendent Offices Appropriations 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 estab- lished by Section 7 ()) of the Order for a determinations Should the once assigned action on a request for review determine that under the criteria set forth in Section 5 (P,) 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 ninardor. cannot be declassified. The requester may appeal any such deter, to the Departmental Committee and the notice of diste'rrnination shall advise him of this right. C. Departmental Committee Review for Declassifcat on_ The Depart- inental Cornmlttee shall, establish procedures to review and act wits i t 30 days upon all a ppllcat!ons and epp_'ais rega rding requ:ats f. r de:'. `- sliication. The Department he d, acting through the Departmental CGrn- P.I!tLce snail l,1: authorized to U'.'e!' YUl j ions d CC ! Illtions in 1l,! C c or In past .when, in its C..t)tu ztt_c protection no longer re- Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Chapter III--Presidential Docu z_ s, etc. quired. If the Departmental Committee determines that continued clas- sification 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) 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 reviewed for declassification in accordance- with Part ILD_ hereof. If the information or material requested has not been transferred to the General. Services Administra- tion for accession into the Archives, the Archivist shall, together with the head of the Department 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 determi- nation and of his right to appeal the denial to the Interagency Classifica- tion 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 classi- fication is warranted within the terms of the Order.. F. Availability of Declassified Material. Upon a determination under B., C., or D. above that the requested material no longer warrants ciaj i- fica.tion it shall be declassified and made promptly available to the uester if not otherwise exempt from disclosure under Section;552(b) req , of Title 5 U.S.C. (Freedom of Information Art) or other provi_ionof 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 e fort. Whenever a request is ts t e r shn u'sd b e deficit. t in it, descl-iption oI tnc record so!.i-h?-; h e requ e _ ~~ ,7eIIti I fyi a,1: iIifo_triaz , h ne pQ:_ib e. additional Henn',"" ,~le.d CO provide aC.Lr_on nj I?i:C'lllP.jt _ on the >. _i chat it is io1Uul{,' hi- j)[j?iOT:: d:'f1v4g1. . grOand 4 l he should be asked to limit his request t::, reef, that are rc:s,.;n- I 0.1.1 01)c !:rill ?i . If nQn ' CL1t.1:...CC t:';`_: not due- describe tIe Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Title 3A--The President, Appendix records sought with sufficient particularity, or the record requested can- not be obtained with a reasonable amount of effort, the requester shall be notified of the reasons why no action will be taken and of his right to appeal such decision. IV MARKING REPUIREMIENTS A. When Document or Other Materiel is Prepare(L At the time of origination, each document or other material containing classified ir_- forrtiatiozt shall be marked with its assigned security classification and whether it is subject. to or exempt from the General Declassification Schedule. (I) For, marking. documents which are subject to the. General De-. . classification Schedule, the following stamp shall be used: (TOP SECRET, SECRET OR CONFIDENTIAL) CLASSIFIED ---------------- ----- BY ---------------=------=--~----- ---------------------------- SUBJECT TO GENERAL DECLASSIFICATION SCHEDULE OF EXECUTIVE ORDER 1!552 AUTOMATICALLY DOWNGRADED AT TWO YEAR INTERVALS AND DECLASSIFIED ON DEC. 31 (ins?rt year) (2) For narking documents which are to be automatically declassified on a given event or date earlier than the General Declassification Sched- ule the following stamp shall be used : (TOP SECRET, SECRET OR CONFIDENTIAL) CLASSIFIED - ---------- ------ ------- BY ------------ --------------------------- ------------------ AUTO3IATICALLY DECLASSIFIED ON (effective date or event) (S) For marking documents which are exempt from the. General Declassification Schedule the following stamp shall be used: (TOP SECRET, SECRET OR CONFIDENTIAL) CLASSIFIED ------------------------------------------------- EXEMPT FROM GENERAL DECLASSIFICATION SCHEDULE OF EXECUTIVE ORDER 11552 EXEMPTION CATEGORY (? 5B (1), (2), (3), or (4)) AUTOMATICALLY DECLASSIFIED ON (effective ---------------- ------- date or event, if any) ----------------- Should the c!assif.e.' iP- ld 'crtentl}' fail to mark a document with one of the forefloing stamps the doi:uwt -nt shall be deemed to ' t ` to thc _ Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Caaflter'III--Piasidential Documents, etc. General Declassification Schedule. The person who signs or nnalIY ap- proves a document or other material containing classified information shall be deemed to be the classifier. If the classifier is other than such person he shall be identified on the stamp as indicated. The "Restricted Data" and "Formerly Restricted Data" stamps (H. below) are, in themselves, evidence of exemption from the General Declassification Schedule: B. Overall and Page Marking of Documents. The overall classifica- tion of a document, whether or not permanently bound, or any copy or reproduction thereof, shall be conspicuously marked or stamped at the top and bottom of the outside of the front cover (if any), on the title pale (if any), on the first page, on the back page and on the outside of the back cover (if any). To the extent practicable each interior page of a document which is not permanently bound shall be conspicuously marked or stamped at the top and bottom according to its own content, including the designation "Unclassified" when appropriate. C. i aragraph Marking. Whenever a classified document contains either more than one security classification category or uncl3ssified in- formation, each section, part or paragraph should be marked to the ex- tent practicable to show its classification category or that it is unclassified. D. Material Other Than Documents. If classified material cannot be marked, written notification of the information otherwise required in mar: ink shall accompanysuch material. E. Transmittal Documents.. A transmittal document shall carry or. 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. Wholly Unclassified Material Not Usuallly iiiar~:ed.;iNormally, un- classified material shall. not be marked or stamped "Unclassifed" unless the purpose of the marking is to indicate that a decision has been made not to classify it. G. Dvwu~r.lins, Declassification and >,P;?ratii;:,; ar'cn'l::rgs. \ hun- etier a change is made in the ori,inal cl lssi_ication or in t e J,!---s of Gown. gradin or decl.l_si Cation of any classified information or ,:? ~_:'cal it :all l;e promptly an,- . compicuou. ! m rkked to indica _he eIia e, . y- for t'~ , the {~''01C ;L:,ti~? .i??`? ~~ 'tl+. v of the t;._aIit: 'W()cit he action _ c of ih , d'e?C. .". .. ' Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Title 3A--The Presid es t, Appendix person taking the action. In addition, all earlier classification markings shall be cancelled, if practicable, but in any event on the fir it page. (1) Limited Use of Posted Notice for Large Quantities of Material. When the volume of information or material is such that prompt remark- ino, of each classified item could not be accomplished without unduly- interfering with operations, the custodian may attach downgrading, de- classification or upgrading notices to the storage unit in lieu of the re- marking 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 individ- ual documents.or other. materials are :,withdrawn from such storage units. : . they shall be promptly remarked in accordance with the change, or if the documents have been declassized, the old markings shall be cancelled. (2) Transfer of Stored Quantities Covered by Posted Notice. When information or material subject to a posted downgrading, upgrading or declassification notice are withdra.vn 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 classi- fied documents or materials as prescribed below. When display of these warning notices cn the documents or other materials is not feasible, the warnings shall be included in the written notification of the a_si, ned classification. ? D ; (1) Restricted Data. For classified information or material con Lair., ng Restricted Data as defined in the Atomic Energi Act of 1951, as amended : "RESTRICTED DATA" This document contains Restrict.-d Data 2-i defin?cd in the Atomic Enemy Act of 1954. Its disscminat'u,n or disc!osurc to a unauthorized person is prohibited. (2) Formerly Restri ts.1 D-u z. For clct:.)t.f;i:d IR`O:'n'atiO:2 Or !n t-,,:-t containing solely Formerly: .Rcs;ricr.,-d au;., as dcftited in Sect oz, 1-112A., Atomic E!'.cr-y Act of 1951, , ani,-rtcl ,r1 : Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 "FORMERLY RESTRICTED DATA" Unauthorized disclosure subject to Adminis'rative and Criminal Sanc- tions. }Iandte as Restricted Data in Foreign Dissemination. Section I!4.b., Atomic Energy Act, 1954. (3) Information Other Than Restricted Data or -Formerly Restricted Data. For classified information or material furnished to persons outside the Executive Branch of Government other than as described in (1) and (2) above: ".'NATIONAL SECURITY INFORMATION" Urauthorized Disclosure Subject to Criminal Sanctions. (4) Sensitive Intelligence Information. For classified information or material relating to sensitive intelligence sources and methods, the follow- ingwarning 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 Tni Nisi tIssIo! 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 tinder the personal supervision of an authorized person, the methods set forth in Alppend; A hereto shall he used to protect it. Whenever such information or material IS.transmi ttcd outside the originating Department the requirements of Appendix B hereto shall he observed. B. Loss or Possible Compromise. Any person who has knowledge of the lo.s or possible compromise of classified information shall im^Ieai-? ately report the circumstances to a desi3r+ated official of his Department or organization. In turn, the originating Department and any other interested Department shall he notified about the loss or pessicie coni- promise in order that a damage a scomnt may be . c+ nducted. in l immediate in airy shall be initiated by the Department in which t(? loss or compromise occurred for the purpose of taking co.rccti-.?e meas- ures and appropriate a dminisnr ;i.ive, disciplinary, or le,-al action. A. C=e.ser,:+! fl cccs, Roq!!;r:;nerds. . p':'.)\ i:_._:? !TI an.l C. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Title 3A--The Pzesiden., Appendix below, access to classified information shall be granted ins accordance with the following: (1) Determination of Trustworthiness. No person shall be given _iz- access to classified information or material unless a favorable deter.rnina- tion has been made as to his trustworthiness. The determination. 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 clear-. ance, a person must have a need for access to the particular classified information or material sought in connection with the performance of his official duties or contractual obligations. The determination of that need.. shall be made by officials having responsibility for the classified infor- mation or material. (3) Administrative Withdrawal of Security Clearance. Each Depart- ment shall make provision for administratively withdrawing the security clearance of any person who no Longer requires access to classified infor- mation or material in connection with the performance of his official duties or contractural 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-Exetiutive Branch engaged in historical research projects may be authoized 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 eiiort. (3) The historical rose-a cher agree to safeguard the information or material in a mariner consistent with the Order and Directive, there- under. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Chapter III--Pres!deat_aI Do~urnants, etc. (4" The historical researcher agrees to authorize a review of his notes and manuscript for the.soie purpose of determining that no cla ri- - fled 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 renewed under regulations of the originating Department. C. Access by Farmer Presidential Appointees. Persons who preciously 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 acces3 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 information and material as he may identify shall be reviewed for declassification in accordance with the provisions of Section 5 of the Order. D. Consent o l Orig inating Department to Dissemination by Recipi- ent. Except as other ise provided by Section 102 of the National Secu- rity Act of 1947, 61 Stat. 495, 50 U.S.C. 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 originating Department. E. Dissemination of Sensitiuz Intelligence Information. Information or material bearing the notation "WARNING NOTICE-SENSI- TIVE INTELLIGENCE SOURCES A ND METHODS IN- VOLVED" shall not be disseminated in any manner outside authorized chance'; without the permission of the originati ng Department and an -a sessment by the senior intelligence official in the disseminating D ,part- ment 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 spect,lc prior approval of the head of a Department or his designee. G. Accountability Piocedures. Each Department shalt prescribe stiCh, accountability procedures as arc tteces^,lry to control e ectively, the dls- scmintaion of clarified infortna.:,o;! or t;?atciiai. Particularly stri i`t-nt oDrLrrols shall he placed on infor m ntket and material r'a`i ect (1 on Secret. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 (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 ma terial shall be made at least annually. As an exception, repositories stor- ing large volumes of classified material, shall develop in entorj lists or other finding aids. (3) Current Accountability. Top Secret and Secret information and material shall he subject to such controls including current accountabil- ity 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 reproduced without the consent of the originating office. All other classified material shall be re- produced sparirgiy and any stated prohibition against reproduction shall be strictly adhered to. (5) Restraint on Number of Copies. The number of copies of docu- ments 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 Inter- agency Classification Review Committee as having sufficient historical or other value appropriate for preservation. The index systern shall contain the following data for each document indexed: (a) Identity df classifier, (b) Department of origin, (c) Addressees, (d) Date of classification,=(e) Subject/Area, (f) Classification category and whether subject th or exempt from the General Declassification Schedule, (g) If exempt, which exemption category is applicable, (h) Date or event. set for decl_as- sification, and (i) File designation. Information and material shall be indexed into the system at the earliest practicable date durng.the course of the calendar year in which it is produced and classified, or in any event no later than March 31st of the succeedin year. Each Department shall undertake to ect;lf-j,?:i:l Sl[Cl: a data index System no later than July 1, 1t~ 973, which shall index, the sole. tcd citegori s of f in[ormat!Ot.andina- tcrial produced and cl_lssificd after Decernhcr 31, 1_!7_. Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Approved For Release 2007/07/12 : CIA-RDP86-00674R000200190003-8 Chapter-IIi--Presidential Documents, etc. The provisions of the Order and this Directive with regard to dis- semination, transmission, or safekeeping of classified information or ma- terial 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 Co3IsIITTEE A. Composition of Interagency Committee. In accordance with Sec-. tion 7 of the Order, an Interagency Classification Review Committee is established to assist the National Security Council in monitoring im- plementation of the Order. Its membership is comprised of senior repre- sentatives of the Departments of State, Defense, 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 regu- larly, but no less frequently than on a monthly basis, and take such ac- tions 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 administrative 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 imple- mentation of the Order and programs established thereunder by e~qch Department. It shall seek to develop means to (a) prevent overclassifica- tion, (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. D. Classification Complaints. Under such procedures as the Inter- agency Committee may prescribe, it shall, consider and-ta!:e action on complaints from persons within or without the government v; i th respect to the general administration of the Order including appeals from denials by Departmental Committees or the Archivist of declassific tion requests. d~ DaPAnTME:`:TAL f`i Pt E?..E\"CI,Ta) AND E rouCEMENT A. Action Prop-rams. Those Departnients Ested, in Scclie?. 2 "A) and o i ` ) of the Oc~l.r sir.Ii inure that adequao? :rsollnel ra_!d fundin!; are * .'j, Installations. Secret information and material may be transmitted between United States Government or Canadian Government installations, or both, in the forty-eightt 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 ?torte= Postal Ser-icc registered mail outside the forty--eight contiguous. states, the District of Columbia, the State of Hawaii, the State of Alaska, and the Com aonwealch 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. Trrr.srri+.*.l of Corfider>i?zl. Confidential information and material shall be transmitted within the forty-eight contiguous states and the District of Co'.ttenbia, ox %,/holly within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a United States possession, by one of the means established for higher c_lassificatio ns, or b.- certified or first class mail. Outside these area,, Confidential infformation and material shall be transmitted in titz same mantic. as a:ithuri;.cd for higher clan i catu,ns. E. A%3crec!iee T rar,,rrissio.n of Cor~iderti a. Each f}_partrie.,r having authority to classify information or material as "Con^de ntial" may issue _regulations aut c,r- ici; alternati:. or additional methods far tli? trsrsntisiion. of rna eriut classified r:Cu?'rt.d ~ of the Depart^i2nt. In th._ ..as of ;.natc a' originated by .ntial" outside

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