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SEA&ER WILL CHECK CLASSIFICATION TOP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECRET
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. 'TI !!0- 717 Use previous editions (40)
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STA
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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
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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
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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
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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:
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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).
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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
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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
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"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
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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
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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:
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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
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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
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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.)"
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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.)
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(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
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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 .
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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.
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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.
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"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.
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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
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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
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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.
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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'
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.r-days in which to express its objections before taking. action.
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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
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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-
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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
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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
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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. .". .. '
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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 :
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"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.
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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.
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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.
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(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_.
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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