LETTER TO THE PRESIDENT FROM JAMES B. RHOADS

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CIA-RDP76M00527R000700230055-9
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April 29, 1974
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LETTER
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Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 INTERAGENCY CLASSIFICATION REVIEW COMMITTEE WASHINGTON, D.C. 20408 PROGRESS REPORT Implementation of Executive Order 11652 on Classification-and Declassification of National Security Information and Material APRIL 1974 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 INTERAGENCY CLASSIFICATION REVIEW COMMITTEE WASHINGTON, D.C. 20408 APR 2 9 1974 The President The White House Washington, D.C. 20500 Dear Mr. President: Respectfully, I am pleased to forward to you the enclosed Annual Progress Report of.the Interagency Classification Review Committee. Under the aegis of the Committee, significant progress has been made by the Government in achieving the goals of Exec- utive Order 11652 on the classification and declassification of national security information and material. While this is a continuing job, the Committee is pleased with the progress and pledges its continued vigorous pursuit of full implementation of this new and progressive program. Acting Chairman AMES B. RHOADS GSA DC 74.114t, Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 TABLE OF CONTENTS 1. Introduction II. Interagency Classification Review Committee III. ICRC Membership Roster IV. Quarterly Reporting System V. Statistical Review VI. Declassification Projects VII. Orientation and Training Programs VIII. Data Index System IX. ICRC Appeals X. Highlight Summary Appendices: A. Executive Order 11652 B. Executive Order 11714 C. National Security Council. Directive of May 17, 1972 D. ICRC Standard Quarterly Report Forms Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 1. INTRODUCTION' In Janpary 1971, President Nixon directed that a review be made of the security classification procedures under Executive Order 10501. A committee was set up under then Assistant Attorney General William Rehnquist to study the existing classification system and to make recom- mendations with respect to its operation and to propose steps that might be taken to provide speedier declassification. Based upon that review and other studies, a new and progressive Executive order on the classi- fication and declassification of national security information and material was issued by the President on March 8, 1972. The Order, known as Executive Order 11652, became effective on June 1, 1972. This reform was the first major overhaul of the Government's classification system in 20 years. The President directed the establishment of the Interagency Classi- fication Review Committee (ICRC) to assist the National Security Council in monitoring implementation of the new order. The ICRC was given the responsibility of placing particular emphasis on overseeing compliance with and implementation of the Order and the programs established. there- under by each Executive branch department. The ICRC is the first White House level committee with overall responsibility for the Government's security classification program. On the same day the President signed the Executive order, he issued a statement in which he said: "The full force of my office has been committed to this endeavor." This kind of Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 2 support along with the cooperation of individual departments within the Government has provided the ICRC with a firm basis for optimism. There is still much work to be done, however, and the ICRC intends to continue vigorously pursuing its oversight responsibilities. The legitimate need of protecting information and material which bears directly on the effectiveness of our national defense and the conduct of our foreign relations must be continually balanced with the concept of an informed citizenry in a free society. The ICRC steadfastly strives to keep these two fundamental goals of the Executive order in constant balance in exercising its responsibilities. Under the aegis of the ICRC, significant progress has been made by all reporting departments in achieving these goals. The purpose of this. report is to describe and evaluate that progress. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 II. INTERAGENCY CLASSIFICATION REVIEW COMMITTEE The President directed the National Security Council to monitor the implementation of Executive Order 11652 on Classification and Declassifi- cation of National Security Information and Material. To assist the National Security Council, the President directed the establishment of an Interagency Classification Review Committee with the following respon- sibilities: "This Committee shall meet regularly and on a continuing basis shall review and take action to ensure compliance with this order, and in particular: (1) The Committee shall oversee Department actions to ensure compliance with the provisions of this order and implementing directives issued by the President through the National Security Council. (2) The Committee shall, subject to procedures to be established by it, receive, consider and take action on suggestions and complaints from persons within or without the government with respect to the administration of this order, and in consultation with the affected Department or Departments assure that appropriate action is taken on such suggestions and complaints. (3) Upon request of the Committee Chairman, any Department shall furnish to the Committee any particular information or material needed by the Committee in carrying out its functions." The Interagency Classification Review Committee (ICRC) was subsequently formally established by a National Security Council Directive dated May 17, 1972, with the following specific functions: "The Interagency Committee shall...take such actions as are deemed necessary to insure uniform compliance with the Order and this Directive." Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 The Interagency Committee shall carry out the duties assigned it by Section 7(A) of the Order. It shall place particular emphasis on overseeing compliance with and implementation of the Order and programs established thereunder by each Department. It shall seek to develop means to (a) prevent overciassification, (b) ensure prompt declassifi- cation in accord with the provisions of the Order, (c) facilitate access to declassified material and (d) eliminate unauthorized disclosure of classified information." "Under such procedures as the Interagency Committee may prescribe, it shall consider and take action on complaints from persons within or without the government with respect to the general administration of the Order including appeals from denials by Departmental Committees or the Archivist of declassification requests." The ICRC also has the responsibility of reviewing and approving all departmental regulations which implement the Executive order and directives issued thereunder. Upon approval, those parts of such regulations which affect the general public are published in the Federal Register. Regula- tions have now been adopted by all reporting departments. ICRC membership consists of the Archivist of the United States and senior representatives of the Departments of State, Defense, and Justice, the Atomic Energy Commission, the Central Intelligence Agency and the National Security Council Staff. The Acting Chairman is the Archivist of the United States, Dr. James B. Rhoads, who was appointed to this position by the President on April 24, 1973. An Executive Director is appointed by the Chairman. The present Executive Director is William L. Brown who was formerly an attorney in the Office of the General Counsel of the U.S. Atomic Energy Commission. The names of the present members are listed in Part III. Executive Order 11652 and Executive Order 11714 which amends Executive Order 11652 are set forth in Appendices A and B respectively. The NSC Directive of May 17, 1972, is set forth in Appendix C. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 5 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 III. ICRC MEMBERSHIP ROSTER Acting Chairman: Dr. James B. Rhoads Archivist of the United States Members: David 0. Cooke Deputy Assistant Secretary of Defense Executive Director: Robert G. Dixon, Jr. Assistant Attorney General Charles L. Mars hall Director, Division of Classification U.S. Atomic Energy Commission Carlyle Maw Legal Adviser Department of State Maj. Gen. Brent Scowcroft Deputy Assistant to the President for National Security Affairs John S. Warner General Counsel Central Intelligence Agency William L. Brown Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 IV. QUARTERLY REPORTING SYSTEM In September 1972 the Chairman requested the assistance of the National Archives and Records Service in preparing a series of management report forms (see Appendix D) which could be used by governmental depart- ments in preparing the quarterly reports required by Section X.C. of the National Security Council Directive of May 17, 1972. Suitable report forms were quickly developed by NARS and established as permanent require- ments by the ICRC on February 27, 1973. This quarterly reporting system is the primary means by which the ICRC evaluates departmental compliance with and implementation of Executive Order 11652 and the programs established thereunder. The reports are submitted by approximately 37 departments within the Executive Branch. The reports are described as follows: 1. Report of Authorized Classifiers. A list of authorized classifiers by name and title or by title and organization, and totals. for each classi- fication category. 2. Report of Classification Abuses. A report of instances of under or overclassification, unnecessary classification, improper marking or im- proper exemption from the General Declassification Schedule or other occasions of classification abuse discovered as a result of appropriate departmental inspection programs. 3. Report of Unauthorized Disclosures. A report of important instances of communication or physical transfer of classified information to unauthorized persons. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 4. Report of Mandatory Declassification Review Requests. A log-type report of declassification requests made pursuant to Section 5 of the Order reflecting the requester, date of request, subject matter, date and nature of departmental action, costs and other information associated with these requests. 5. Quarterly Summary Report. This is a statistical summary of documents classified by a department during a quarterly reporting period.. Departments are also given an opportunity to elaborate on accomplishments in achieving the objectives of Executive Order 11652. The reports are used by the ICRC in measuring how well a particular department is doing in implementing the new classification program. They are analyzed each quarter. When deficiencies and other areas requiring improvement are noted, the matter is brought to the attention of the responsible department along with a request that the matter be immediately rectified. To the extent possible, the ICRC assists the department in solving the various problems as they develop. At times, this can be a time consuming process since several departments have not as yet fully implemented every aspect of the reporting requirements due primarily to the large volume of material generated together with a lack of manpower and adequate resources. However, steady and significant progress has been made and, indeed, the overwhelming majority of departments have fully implemented the requirements. The quarterly reporting system has generally proven to be a valuable tool for the ICRC in carrying out its oversight responsibilities. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 In order to determine the reliability of the statistical information being received through the reporting system, the ICRC has recently required reports from each reporting department which describe how various kinds of statistics are developed. For example, since the ICRC allows departments to obtain statistics for their quarterly summary reports by an actual count or a sampling system, the ICRC recently required each department using the sampling method to furnish the Committee with a copy of the departmental sampling system so that the ICRC could review it and determine if the system was scientific enough to allow extrapolation of a reliable estimate of what. an actual count would be. The same type of request was made for copies of departmental inspection programs which are used to find classi- fication abuses. Where it is determined that a department has an unreli- able sampling or inspection program, the department is required to revise its program to meet acceptable standards. Part V gives a statistical review of the progress which has been made in implementing the program. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 V. STATISTICAL REVIEW The purpose of this part of the report is to give a statistical review of the progress being made in achieving the goals of the Executive order in the following four areas: the number of authorized classifiers, classifica- tion abuses and unauthorized disclosures, mandatory review requests, and the number of classification.actions. A. There has been'a substantial reduction in the number of persons authorized to classify national security information. The total number of authorized classifiers within all departments has been reduced by 71% since Executive Order 11652 went into effect., and this reduction is continuing. This measurable progress can be seen in the following chart which gives.the actual number of authorized classifiers on an agency-to-agency basis as well as the percentage of reduction. Percentages of some of the major reductions achieved since the Executive order went into effect are as follows: Agency for International Development and Overseas Private Investment Corporation - 70%, Arms Control and Disarma- ment Agency - 60%, Civil Service Commission - 79%, Department of Commerce - 99%, Department of Defense - 76%, General Services Administration - 96%, United States Information Agency - 50%, Department of Justice - 54%, National Aeronautics and Space Administration - 61%, Executive Office of the President - 81%, Department of State - 64%, Department of Transportation - 86%, and the Department of the Treasury - 75%. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 The ICRC firmly believes that a reduction in the number of authorized classifiers contributes to a reduction in the number of documents unnecessarily classified. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 NUMBER OF AUTHORIZED CLASSIFIERS AND REDUCTION PERCENTAGE Confidential Confidential only iotai Under old E.O. 249 636 565 1450 AID As of 12/72 14 217 322 553 & As of 12/73 13 176 244 433 _ OPIC % red. since old E.O. 95% 72% 57% 70% % red. since 12/72 7% 19% 24% 22% Under old E.O. 1 0 0 1 As of 12/72 1 0 0 1 AGRIC As of 12/73 1 0 0 1 % red. since old E.O. 0 0 0 0 % red. since 12/72 0 0 0 0 Under old E.O. 18 139 0 157 _ As of 12/72 6 33 52 91 AC&DA As of 12/73 7 35 21 63 % red. since old E.O. 61% 75% + 1.00% 60% % red. since 12/72 + + 6% 60% 31% Under old E.O. 54 6500 0 6554 _ As of 12/72 25 3626 993 4644 AEC As of 12/73 24 3541 996 4561 ~ % red. since old E.O. 56% 46% --100% 30% % red. since 12/72 4% 2% + .01% 2% *Totals include Contractor and Subcontractor employees. Top Secret (Secret and Secret Confidential Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 12 Under old E.O. 4 0 0 4 As of 12/72 0 4 0 4 Canal Zone As of 12/73 0 4 0 4 % red. since old E.O. 100% + 100% 0 0- % red. since 12/72 0 0 0 0 Under old E.O. 0 0 3500 As of 12/72 651 2410 333 3394 CIA As of 12/73 537 1349 62 1948 % red. since old E.O. 85% + 100% + 100% 44% % red. since 12/72 18% 44% 81% 43% Under old E.O. 1 0 0 1 As of 12/72 0 1 0 1 CAB As of 12/73 0 2 0 2 % red. since old E.O. 100% + 100% 0 + 0? % red. since 12/72 0 + 50% 0 + 50% Under old E.O. 5 7 17 29 As of 12/72 0 5 11 16 CSC As of 12/73 0 5 1 6 % red. since old E.O. 100% 29% 94% 79% % red. since 12/72 0 0 91%. 62% Under old E.O. 745 7000 * 0 7745 As of 12/72 0 32 45 77 Commerce As of 12/73 0 32 49 81 % red. since old E.O. 1000 + 100% 99% re + + 5% Top Secret (Secret and Secret Confidential (Confidential Estimated count by Commerce Approved For Release 2002/01/10 : CIA=RDP76M00527R000700230055-9 a on en Secret (Sf'decret and l ) (C f d t 1) ( l) Total Con ~ entia on i en is on y Under old E.O. 835 6,523 23,184 30,542 As of 12/72 576 3,647 4,750 8,973 DOD As of 12/73 589 3,073 3,570 7,232 % red. since old E.O. 29% 53% 85% 76% % red. since 12/72 + 2% 16% 25% 19% Under old E.O. 2 15 2 19 As of 12/72 0 7 12 19 Export Import As of 12/73 0 7 6 13 Bank % red. since old E.O. 100% 53% + 32% % red. since 12/72 0 50% 32% Under old E.O. 0 4 0 4 As of 12/72 0 3 0 3 FCC As of 12/73 0 2 1 3 % red. since old E.O. 0 50% + 100% 25% % red. since 12/72 0 33% + 100% 0 Under old E.O. 1 0 0 1 As of 12/72 0 1 0 1 FMC As of 12/73 0 1 0 1 % red. since old E.O. 100% + 100% 0 0 % red. since 12/72 0 0 0 0 Under old E.O. 1 0 0 1 As of 12/72 0 3 0 3 _ FPC As of 12/73 0 3 0 3 % red. since old E.O. 100% + 100% 0 + 66% % red. since 12/72 0 0 0 0 Top Secret ti fid l C Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 14 Confidential) (Confidential) (oni Total Under old E.O. 12 283 571 866 As of 12/72 0 20 7 27 GSA As of 12/73 5 18 8 31* % red. since old E.O. 58% 94% 99% 96% % red. since 12/72 + 100% 110% + 12% + 13% Under old E.O. 1 0 0 1 As of 12/72 0 1 0 1 HEW As of 12/73 0 1 0 1 % red. since old E.O. 100% + 100% 0 0 % red. since 12/72 0 0 0 0 Under old E.O. 211 271 296 778 As of 12/72 0 134 372 506 USIA As-of 12/73 0 131 256 387 % red. since old E.O. 100% 52% 14% 50% % red. since 12/72 0 2% 31% 24% Under old E.O. 1 0 0 1 As of 12/72 1 0 0 1 ICC As of 12173 1 0 0 1 % red. since old E.O. 0 0 0 0 % red. since 12/72 0 0 0 0 Under old E.O. 397 185 0 582 As of 12/72 141 150 0 291 Justice As of 12/73 123 142 0 265 Now, % red. since old E.O. 69% 23% 0 54% % red. since 12/72 13% 5% 0 9% E O~~ :CIA- 'n? r RDP76M00527R000700230055-9 E Increase in cl sa Top Secret (Secret and Secret Confidential Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Top Secret (Secret and Secret Confidential Confidential) Confidential (only) Total Under old E.O. 14 0 0 14 As of 12/72 4 9 0 13 Labor As of 12/73 4 8 0 12 % red. since old E.O. 71% 100%. 0 14% % red. since 12/72 0 11% 0 8% Under old E.O. 5 52 52 109 As of 12/72 4 40 0 44 NASA As of 12 73 4 34 4 42 % red. since old E.O. 20% 35% 92% 61% % red. since 12/72 0 15% + 100% 5% Under old E.O. 1 0 0 1 As of 12/72 0 1 0 1 NSF As of 12 73 0 1 0 1 % red. since old E.O. 100% + 100% 0 0 % red. since 12/72 0 0 0 0 Under old E.O. 189 158 126 473 Executive As of 12/72 41 40 19 100 Office of President As of 12/73 41 36 13 90 % red. since old E.O. 78% 77% 90% 81% % red-4 since 12/72 0 10% 32% 10% Under old E.O. 800 950 3,685 5,435 As of 12/72 228 955 1,003 2,186 State As of 12/73 177 880 902 1,959 f % red. since old E.O. 78% 7% 76% 64% T % red. since 12/72 22% 8% 10% 10% Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Under old. E.O. 72 277 0 349 'As-of 12/72 0 48 0 48 DOT As of 12/73 0 48 0 48 % red. since old E.O. 100% 83% 0 86% % red. since 12/72 0 0 0 0 Under old E.O. 17 236 446 699 As of 12/72 15 27 237 279 Treasury As of 12/73 15 12 149- 176 % red. since old E.O. 12% 95% 66% 75% % red. since 12/72 0 56% 37% 37% Under old E.O. 7,136 23,236 28,944 59,316 Niiw As of 12/72 1,707 11,414 8,156 21,277 Totals As of 12 73 1,541 9,541 6,282 17,364 % red. since old E.O. 78% 59% , 78% 71% % red. since 12L72 10% 16% 23%--7 T 18% Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Top Secret (Secret and Confidential) Secret Confidential Confidential (only) Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 17 B. The quarterly reporting of classification abuses reflects certain trends with respect to the types of classification abuses committed. Abuses are committed primarily in the following areas: (1) improper classification, (2) failure to properly mark a document with the required stamps as to the assigned classification and as to the assigned declassification schedule or exemption therefrom, and (3) the unauthorized use of classification autho- rity. Departments are required to take action to correct classification abuses when they become known by notifying the responsible employees that their actions are in violation of Executive Order 11652 and the implementing NSC Directive. Repeated abuses are grounds for an administrative reprimand. One very effective way to lower the number of classification abuses is through the use of frequent and well-planned orientation and training pro- grams. The ICRC has initiated such programs and has encouraged other agencies to do the same. Part VII of this report contains a brief sampling describ- ing some of the programs. Such programs have been effectively used by a number of the reporting departments. There has been a very limited number of unauthorized disclosures of classified information during calendar year 1973. None involved Top Secret information. The disclosures consisted exclusively of leaks to the press. While the ICRC considers any unauthorized disclosure of classified infor- mation an exceedingly serious matter, it finds, due to the small number of such disclosures, firm grounds for confidence that one of the goals of Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 18 the Executive order is being achieved, i.e., the protection of information or material which bears directly on the effectiveness of our national defense and the conduct of our foreign relations. C. Any member of the public or any governmental department may make a mandatory declassification review request of classified information or material over 10 years old provided that the information or material is described with sufficient particularity to allow the requested agency to identify and find it and provided that the request is not unduly burden- some. This right of mandatory review is a major progressive step forward in meeting one of the goals of Executive Order 11652 which is to make information regarding the affairs of Government readily available to the public. In order to make this new and important right better known to the public, the ICRC has published a pamphlet-entitled Know Your Rights to Mandatory Review of Classified Documents. Numerous copies of the pamphlet have been furnished to all agencies dealing with classified information. The pamphlet is an informative reply to a request to an agency for information on manda- tory review rights. The ICRC has suggested that when a Freedom of Information Act request is turned down by an agency because the requested document is classified, an insert such as this ICRC pamphlet in any turndown response would be an ideal way to meaningfully comply with the spirit of the Executive order and implementing NSC Directive. The chart on the following page gives a statistical year end review on an agency-by-agency basis of the status of all the mandatory declassification Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 19 review requests received during Calendar Year 1973. As of December 31, 1973, 63% of all such requests were either granted in full or in part, 13% were denied, and the remaining 24% were still pending final deter- mination. The percentages of just those requests on which final deter- minations have been made show that 83% were either granted in full or in part and only 17% were denied. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 MANDATORY REVIEW DECLASSIFICATION REQUESTS - 1973 Total Requests Granted in full Granted in part Denied Year End Pending Agriculture 3 3 0 0 0 AC&DA 2 2 0 0 0 AEC 3 0 3 0 0 CIA 110 50 19 18 23 Commerce 3 3 0 0 0 "OD 346 198 52 45 51 NOV HEW 1 1 0 0 0 USIA 4 4 0 0 0 Justice 9 2 2 2 3 NSC 43 13 1 6 23 Other Offices Within Exec. Office of the Pres. 4 0 1 0 3 State 85 27 6 8 44 Treasury 8 3 1 1 3 1973 Totals 621 306 85 80 150 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 D. The ICRC believes that a reduction in the number of documents classified is one indication of agency good faith in complying with Execu- tive Order 11652. Consequently, the ICRC encourages such reductions in the firm belief that a tighter classification system consistent with the requirements of the Executive order is a better system and one more in the interest of the national security as well as in the interest of an informed citizenry. This tighter system is mandated by the Order's limited defi- nition of each of the three classification categories of Top Secret, Secret, and Confidential and by the probition against classification for purposes other than national security purposes. The Order specifically states that in no case shall information be classified in order to conceal inefficiency or administrative errors, to prevent embarrassment to a person or Department, to restrain competition or independent initiative, or to prevent for any other reason the release of information which does not require protection in the interest of national security. The second quarter of calendar year 1973 was the first quarter for which the ICRC has complete figures on the number of documents classified by most departments. These figures are shown in the following chart. The figures are either obtained by actual count or they are extrapolations of an actual count based on a sampling system. While it is too early to see if a defi- nite downward trend has been established, the Committee has been informed by several agencies that they estimate that there have been marked reductions in the number of documents classified this past year. The AEC, for example, Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 22 shows an 83% reduction in the number of documents classified Top Secret in 1973. The USIA estimates that 30% fewer documents were classified in 1973 than in 1972. It should be noted that both the Departments of Defense and State have not as yet fully met all the reporting requirements with respect to the compilation of statistics on the number and categorization of classification actions. The Department of State has assured the ICRC that it is giving priority attention to strengthening the program. While the DOD has some reservations about the cost versus the effectiveness of certain aspects of the reporting system as a management tool for measuring progress,it has submitted to the ICRC certain meaningful data which is responsive in part to the reporting requirements and it has expressed its full support for the goals of the Executive order. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 23 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 NUMBER OF CLASSIFICATION ACTIONS REPORTED TO THE ICRC April 1, 1973 - Dec. 31, 1973 Top Secret Secret Confidential AID 0 98 983 AC&DA 50 760 337 AEC 24 52,440 82 , 909 . Canal Zone 0 20 167 CIA 16,330 1,560,450 621,900 Commerce 0 18 259 Export-Import Bank 0 1 15 FCC 0 6 52 FPC 0 0 1 GSA 12 73 47 HEW 0 7 11 USIA 0 106 1,299 Justice 72 3,335 7,601 Labor 0 2 10 NASA 0 173 539 NSC 21 149 73 Other Offices within Exec. Of. of the Pres. 26 29 68 OPIC 0 1 4 22 DOT 0 105 87 Treasury 0 22 V 660 Totals 16,535 .1,617,798 717,040 DOD 11,775 418,275 1,254,975 State *2 71,925. .1 1 41,996 *1 Totals are of classified messages electrically transmitted between June 1, 1973, and November 30, 1973. *2 No Top Secret figures available; other figures limited to count of all telegrams and airgrams. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 24 VI. DECLASSIFICATION One of the goals of Executive Order 11652 is to ensure that classified information and material is protected, but only to the extent and for such period as is necessary. Section 5 of the Order sets forth the rules covering the declassification and downgrading of information and material no longer required to be classified in the interest of national security; i.e., in the interest of the national defense or foreign relations of the United States. Since Executive Order 11652 became effective on June 1, 1972, there have been millions of pages of documents and records declassified within the Government. All such declassified information may be released if a determination is not otherwise made that it should be exempt from release pursuant to the exemption provisions of the Freedom of Information Act. Declassification is carried out in several different ways: A. The Order established procedures whereby any department of the Government or member of the public has the right to make a mandatory declassification review request of classified information or material over 10 years old provided the information or material is described with sufficient particularity to allow the requested agency to identify and find it and provided that the request is not unduly burdensome. This right is a new and innovative milestone in making the affairs of Govern- ment readily available to the public. Many historians and other scholars Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 25 have taken advantage of these progressive provisions. The chart on page 20 of this report gives a detailed review of the requests made during Calendar Year 1973. B. In keeping with the spirit of the Executive order, several depart- ments have initiated large-scale classification review programs. A summary of the accomplishments of some of those programs follows. NARS Declassification Program In October 1972, the Records Declassification Division was established in GSA's National Archives and Records Service to conduct the systematic review of?30-year-old classified information and material required by Section 5(E) of Executive Order 11652. The program proposes to review by 1975 all permanently valuable records of the Government which were created during World War II and earlier periods. The results thus far can be summarized as follows: Surveyed to identify files for bulk declassification: 162,000,000 pages Declassified following bulk survey: 22,700,000 pages Declassification following page-by-page review: 27,300,000 pages Declassification review by the staffs of the Roosevelt, Truman, Eisenhower, and Kennedy Presidential Libraries has also continued. Approximately 80% of the documents reviewed and reported through December 1973 date from the World War II and earlier period. The other 20% represent post-1945 material subjected to mandatory review requests or declassified in accordance with agency developed guidelines. Reviewed on a page-by-page basis: 835,000 pages Declassified: 300,000 pages Total NARS pages declassified: 50,300,000 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Programs of Assistance to NARS In addition to the work being done by the National Archives staff, the following agencies have continued programs initiated in 1972 to assist the Archivist in the systematic declassification review effort. The Army has completed the survey of all Army originated file series of the World War II period and initiated a program of similar work on its records dated prior to 1955 which are in the National Archives. Several hundred reserve officers have reviewed particularly sensitive files as their two-week active duty training assignment. In addition, about a dozen reserve officers have been assigned on 89-189-day active duty tours to deal with special problem areas. Four Army civilian employees and a clerk coor- dinate the Army's program and conduct the necessary final reviews for the Department. The Navy has permanently assigned five officers and three clerks to conduct reviews and coordinate their'program for declassification of World War II records. About 200 reserve officers and enlisted men on two-week active duty tours have completed page-by-page reviews of about 60% of the Navy records of the pre-1946 period in the custody of the National Archives. At the same time the Navy has assigned some of these reserve personnel to survey and review the large quantity of World War II records on deposit in Federal Records Centers and in the Navy's Classified Records Center. Two civilian historians are employed by the Air Force to review pre- 1946 classified records of Air Force interest. Approximately 80% of the World War II Army Air Corps and related records have been reviewed. The Office of the Joint Chiefs of Staff continues to assist the Nation- al Archives by assigning one officer and one civilian to review Joint Chiefs of Staff (JCS) and Combined Chiefs of Staff records of the World War II period. A third person is coordinating the program and at the same time directing the ongoing review of JCS records more than 20 years old. Three Central Intelligence Agency annuitants were placed under contract and detailed to the Records Declassification Division in the National Archives to conduct the necessary review of the records originated by the Office of Strategic Services (OSS). Working part-time (three days a week) they have examined about 900 cubic feet of the records of the OSS Research and Anal- ysis Branch and declassified over 90% of that agency's security classified documents contained therein. However, further review of the records for information other than OSS originated information is still required by other Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 intelligence specialists. In an effort to make the OSS file more usable, the OSS reviewers have also screened 50,000, index cards and released 99.5% of them. Several of the Presidential Libraries have submitted 30-year-old records originated by the Coordinator of Information (COI) or OSS for review by the CIA. Of the 210 documents forwarded by the Franklin D. Roosevelt Library, 179 were declassified and 20 downgraded. Out of 127 documents submitted by the Harry S. Truman Library, 113 have been declas- sified and 3 have been downgraded. The remaining documents from both libraries either retained their classification or will be declassified pending clearance from other agencies. AEC Declassification Program During 1973 the Atomic Energy Commission conducted comprehensive declassification reviews at the following field sites: Los Alamos (N. Mex.) Scientific Laboratory, Richland (Wash) Operations Office, Atomics Inter- national Division of Rockwell International, Canoga Park, Cal., Chicago Operations Office, Savannah River (S. Car.) Operations Office, Lawrence Livermore (Cal.) Laboratory, and Technical Information Center, Oak Ridge, Tenn. In addition to this comprehensive review in the field, the review of classified documents from the Records Center, AEC Headquarters, German- town, Md., is being performed on a continuing basis. The results of the declassification reviews conducted at these various sites are summarized below: Site Reviewed Declassified Los Alamos Scientific Laboratory 388,092 234,215 Richland Operations Office 162,621 53,077 Atomics International 9,190 8,643 Chicago Operations Office 54,060 46,820 Savannah River Operations Office 75,357 20,403 Lawrence Livermore Laboratory 23,790 23,423 Technical Information Center, Oak Ridge 6,333 5,992 AEC Headquarters 83,544 37,879 Total Documents 802,987 431,352 Since the start of AEC's comprehensive classification review in July 1971 approximately 1.2 million documents have been declassified of the 2.2 million documents reviewed which would cover millions of pages. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 CIA Declassification Program In addition to the assistance furnished NARS, the Classification Programs Branch, a new Agency component established for the express purpose of facilitating CIA implementation of Executive Order 11652, initiated the declassification review of OSS motion picture films in Agency custody. Working in collaboration with area and technical experts from other Agency units, the Branch completed the review of 47 films by the end of 1973. Out of those 47 films, 46 have been declassified. DOD Declassification Program During the first quarter of CY 1973 a program was conducted through- out the DOD to reduce Top Secret document holdings in all components and activities. Results show that the DOD achieved a 25% reduction in its Top Secret inventory. This represented a reduction of 180,469 Top Secret docu- ments through downgrading, declassification, destruction and transfer to Federal Records Centers. Aside from the public release factor, this reduc- tion brought-about an avoidance of costs involved in the requirement for physically sighting these documents on an annual or semiannual basis and better utilization of available manpower and resources in safeguarding that which remains in inventory. Additionally, the risk of possible compromise of the information contained in these documents is reduced. During the period August 1972 through March 1973, the DOD initiated a project to review for downgrading and declassification over 7,000 separate items of standardized electronic equipment. The reported results show that of the 7,338 classified items reviewed, 2,350 were declassified. The declas- sification of these major items of equipment, in turn, resulted in the declas- sification of a great number of complete sets, component parts, spare parts and technical orders. For example, the declassification of only four (4) major items resulted in the declassification of 1,810 complete sets, 17,825 component parts, 534 spare parts, and 46,000 copies of associated technical orders. The Department of Defense has taken actions designed to limit exemptions from the General Declassification Schedule; to cause a complete review of all security classification guidance promulgated by or under the auspices of DOD components; and, to develop guidelines for the blanket declassification or downgrading of DOD records which are 20 years old and under the exclusive or final original classification authority of the Department. With respect to the program for the review of security classification guidance, the first Quarterly Report on this action reflects that of the more than 3500 security classification guides already reviewed, 23% have been revised to cause down- grading and declassification. In addition, 10% were revised to cause fewer exemptions from the General Declassification Schedule. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 The DOD is also participating with the AEC in the declassification of Top Secret material held in the files of the AEC. For example, between the period January 1, '1974 and March 26, 1974 the DOD has processed 458 separate requests from the AEC to review Top Secret documents held by that Agency which contain both National Security Information and Restricted Data or Formerly Restricted Data information for possible downgrading and declassi- fication. The Department of Defense has taken the initiative to introduce into NATO an automatic downgrading and declassification system. A NATO Working Group was established by the NATO Security Committee to study the Defense proposal for such a system. That Working Group, comprisedof representatives of seven countries, unanimously approved a proposal for submission to the full NATO Security Committee for the establishment in NATO of an automatic downgrading and declassification system which is comparable to the United States system. That proposal is currently. being coordinated with the NATO member nations. NASA Declassification Program The National Aeronautics and Space Administration declassified approxi- mately 2,273 original technical documents during 1973 which would involve thousands of original pages. Action has been taken to list documents in the NASA Classification Change Notices publication (CCN) which is furnished to all NASA organizations with classified documents holdings, other govern- ment agencies, and contractors having NASA classified documents in their possession. This publication does not include documents regraded as a result of the automatic, time-phased downgrading and declassification system. State Declassification Program In 1973 the Department of State published five volumes (totalling 5,187 printed pages of text) in the series "Foreign Relations of the United States." This continuing publication project accomplished the declassification of approximately 8,000 of the highest-level documents on American foreign policy in 1947 and 1948, not counting the documents that the Department obtained from the National Security Council, the Atomic Energy Commission, and the Department of Defense, Treasury, and Commerce. In addition, through its bulk declassification program, the Department declassified and made available for research at the National Archives an estimated 890,000 documents dated 1947. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 C. The Order accelerated automatic declassification of old classified documents marked with what is known as "Group 4 markings" and it provided for automatic declassification of all information classified after the effective date of the Order on an advanced or general declassification schedule not to exceed 10 years. Only certain limited kinds of information may be exempt from automatic declassification and the Order stresses that use of the exemption authority shall be kept to the absolute minimum consistent with national security requirements. D. The Order also provided that all information and material classified before the effective date of the Order and more than 30 years old shall be systematically reviewed for declassification by the Archivist of the United States. Only such information as is specifically identified by a head of a department as requiring continued protection may remain classified beyond the 30-year limitation. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 VII. ORIENTATION AND TRAINING Executive Order 11652 requires the head of each Department originating or handling classified information or material to establish and maintain active training and orientation programs for employees concerned with classified information or material. The ICRC has taken a leading role in orientation and training. It has published one pamphlet entitled Know Your Rights to Mandatory Review of Classified Documents which sets forth the procedures which must be followed in making a mandatory declassification review request to a Governmental department. These pamphlets will be primarily used by those departments responding to people requesting information about their rights of mandatory review. The ICRC has also authorized publi- cation of a pamphlet entitled The Responsibilities of An Authorized Classifier. These pamphlets will be distributed to authorized classifiers within the Government as a supplement to existing agency training programs. In addition, the ICRC has scheduled a comprehensive symposium on April 30, 1974 which will cover the Executive order, its implementing directives, and the responsibilities of authorized classifiers. The program agenda will consist exclusively of top speakers with extensive background and experience in their particular areas of expertise in the classification and declassification field. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 A brief sampling of the orientation and training programs established by some of the departments is set forth below. AEC Orientation and Training The Atomic Energy Commission considers it essential that all AEC and AEC contractor employees understand their responsibilities for protecting clas- sified information. In furtherance of this end, at the time of employment each new employee, whether located in Headquarters or a field office, is given a classification orientation by a classification representative. As part of that orientation, a 15-minute film entitled "The Classification Picture" is shown and a pamphlet Understanding Classification is given each new employee. To better train AEC and contractor personnel in the fundamentalsand the application of the Commission's classification policy, employees are period- ically briefed by a classification officer from either Headquarters or one of the field offices. In addition, the Division of Classification, Head- quarters, has issued a booklet Guidebook for the Authorized Classifier, which is a useful supplement to the classification guides normally available to each authorized classifier. The AEC has also produced several films of up to 30-minutes' duration which have proven quite useful as a means of demonstrating how classification awareness must be exercised by everyone in order for its security program to operate effectively. These films are not only educational in general, but also usually focus on a designated group of AEC and contractor employees. One film depicts problems encountered in industrial procurement practices and another is specifically aimed at the participation of scientists at meet- ings and conferences. Each of these films presents an underlying classifi- cation principle in a novel and fascinating way. Through use of poster and various house organs all employees are further reminded of their classifica- tion responsibilities. CIA Orientation and Training The security briefings given new employees upon entry on duty now include coverage of the standards and procedures established by Executive'Order 11652. Four meetings-were held during 1973--one for each of the four Agency Directorates--for the purpose of elaborating upon the contents of a draft Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Security Handbook and to answer. specific questions pertaining to Agency implementation of Executive Order 11652. Approximately 160 key person- nel attended these meetings. Lectures on records management and information control programs are regularly included in two Agency training courses--the Mid-Career Execu- tive Development Course and Management and Services Review: Trends and Highlights. The subject matter covered in these lectures includes a summary of Executive Order 11652 and programs established by the Agency to insure implementation. DOD Orientation and Training Members of the Office of the Deputy Assistant Secretary of Defense (Security Policy) have actively participated in security seminars, symposia, workshops and presentations for thousands of Department of Defense and industry personnel who deal with classification and security matters, engi-. neering and program'people and contractor trade representatives. Atthese meetings, audiences were made aware of the strong desire of DOD top level management to support the provisions of Executive Order 11652 and the Free- dom of Information Act in both letter and spirit. In addition, the DOD prepared and distributed a video tape in which the Deputy Assistant Secre- taries of Defense for Administration and Security Policy were interviewed by Armed Forces Information and Education personnel concerning the prin- cipal features of the Executive order and the NSC Directive. This video tape was given worldwide distribution. The Department also developed articles covering the principal features of the Order and the NSC Direc- tive for worldwide distribution through such media as "Commanders Digest," "Defense Information Guidance Series" and the "Defense Management Journal." These articles were accompanied by easily understood visual aids and were widely disseminated throughout the DOD and Defense industry. The DOD is currently finalizing the Program of Instructions for an Information Security Management Course established at the Defense Indus- trial Security Institute. This course is designed to cover all aspects of the Information Security Program and will be attended by both defense and industry personnel. The first formal class of instruction will begin in July 1974. Based on detailed Program reviews conducted by representatives of the Office of the Deputy Assistant Secretary of Defense (Security Policy), it was determined that certain changes were required in regulations and proce- dures in order to make the DOD Information Security Program more effective and responsive to the objectives established by the President. These changes Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 34 are, among other things, designed to accelerate the downgrading and declas- sification of information originated by the Department of Defense and to limit the use of exemption authority within the Department of Defense. The changes were approved by the ICRC on November 12, 1973, and are included in a complete reissuance of DOD Regulation 5200.1-R. NARS Orientation and Training The Records Declassification Division of GSA's National Archives and Records Service developed a program of instruction and workshop training for individuals engaged in review for declassification of World War II and earlier dated records. Ten 40-hour training sessions have been con- ducted since October 1972. While most of the 103 attendees have been on the NARS staff, representatives from several other agencies (notably Army, Navy, Air Force and CIA) have also accepted a NARS invitation to take advantage of this specialized training opportunity. State Orientation and Training The introductory section of Uniform/State/USIA/AID Security Regulations, amended September 11, 1972, states: "The interests of the United States and its citizens are best served by making information concerning the affairs of Government readily available to the public. This concept of an informed citizenry is reflected in the Freedom of Information Act (5 U.S.C. 552) and in the current public information policies of the Executive Branch." Each employee of the. Department of State is responsible for becoming familiar with and adhering to these regulations. Every new employee coming into the Department is'briefed on his responsibilities under both the Freedom of Information Act and Executive Order 11652 on Classification and Declassifi- cation of National Security Information and Material. Similar briefings on the Freedom of Information Act and the Executive order are conducted regularly in training courses at the Foreign Service Institute. The Freedom of Information Act and Executive order have been in the past and continue to be publicized to employees through such regular vehicles as The State Department Newsletter and other established means, including publications, memoranda and departmental notices. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 VIII. DATA INDEX SYSTEM All departments were required by the NSC Directive of May 17, 1972, to undertake the establishment of a data index system no later than July 1, 1973, for Top Secret, Secret, and Confidential information in selected categories approved by the ICRC as having sufficient historical or other value appropriate for preservation. The system is required to index the selected categories of information and material produced and classified after December 31, 1972. Detailed instructions on how to set up the data index were issued January 23, 1973. The data index is a series of manual or automated indices which must be maintained by all departments authorized to originate classified infor- mation and it covers selected categories of classified documents having historical or other permanent retention value. Each classified document entered into the index is uniquely identified to permit retrieval within a short period of time. The classified documents are maintained in the index until they become declassified. In departments where the volume of classified documentation is high, the data index may involve use of sophis- ticated computer equipment. The underlying purpose of the data index is to pursue the objective of Executive Order 11652 to establish a credible and sound security classi- fication system. It will assist most departments in managing their Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 36 classified documents and in monitoring implementation of the Order. In many cases, it will facilitate inspection as to proper marking, assist in conducting periodic declassification reviews, aid in evaluating the need for classification authority, insure better protection for material that is classified, and facilitate public access to classified records as they become declassified. Record accessibility is the primary asset of the system. A record or document which has been entered into the data index must be retrievable from a department's files within 48 hours of receiving a request given minimal combinations of the data elements. As classified documents are originated, certain information regarding the classification and contents of the documents will be entered into the data index. The following elements must be included as a minimum: (1) identity of classifier; (2) originating office; (3) title or description of the document; (4) subject matter in index terms; (5) geographical area reference code; (6) date of document; (7) classification category; (8) declassification schedule; (9) exemption category, if any; (10) declassi- fication date or event; and (11) number of addressees. Certain periodic and on-call reports will be used by the Interagency Classification Review Committee to ensure that the purposes set forth above are achieved. The ICRC has been pleased with the progress made by the overwhelming majority of departments dealing with classified information. Those depart- ments generally report that their data index systems are working well and Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 37 are serving a useful function. Many of the departments'dealing with relatively small amounts of classified information include in their data index all classified information generated in the department. However, because of the sheer volume of classified material generated by the Depart- ment of Defense, the Department, as a result of two separate surveys, finds that the cost of a fully automated system of any real value would be prohib- itive and the costs would far outweigh any benefits gained.. DOD estimates that the data automation annual costs would fall in the $20 million to $50 million range. Notwithstanding the foregoing, the Department, consistent with recent Congressional guidance which requires that systems be thoroughly evaluated prior to full scale implementation, is establishing three systems at the seat of Government as an initial step to meet the provisions of the NSC Directive of May 17, 1972. These systems are designed to capture a representative volume of classified documents which are created by the Depart- ment. A summary sampling of the progress made by various departments as of December 31, 1973, is given below: AEC - Its fully operational automated system includes 653 documents which are broken down as follows: (1) all 42 Top Secret documents generated by the AEC since January 1, 1973, and (2) selected categories of Secret and Confidential documents from the same date which are of sufficient historical or other significance Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 to warrant preservation, including all documents exempt from the General Declassification Schedule (GDS) other than those exempted solely by reason of being Restricted Data or Formerly Restricted Data. The AEC states that implementation of the Data Index System has assisted them in pointing out where further guidance can assist authorized classifiers in making their classification decisions and in monitoring the implementation of Executive Order 11652 throughout the AEC's program. AID - Its fully operational manual system includes: (1) all Top Secret documents and all Secret and Confidential documents exempted from the GDS; (2) all classified documents originated by the Administrator and Assistant Administrators, and (3) all classified information and material which document the planning, establishment, implementation, termination and evaluation of A.I.D. programs and projects. A.I.D. states that the system provides a more thorough centralized control over classified documents than has ever existed in the history of the agency. CIA - Its fully operational automated system includes all finished intelligence reports produced by the agency Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 and the data included in such reports. It is particularly effective for the CIA as a document storage retrieval system. DOD - It is establishing automated systems in three major activities of the Department. The preponderance of the material indexed will be scientific and technical in nature. In addition, material concerning commu- nications, operations and plans will be indexed. Justice - Its manual data index system has been in partial operation since January 1, 1973. It contains all finished documents classified by employees of the Department. At the present time, the Department relies upon the system only for the. preparation of the ICRC quarterly reports. It is anticipated by the Department that once the system is automated, it will be fully operational and will satisfy the basic objectives of the Executive order. NSC - Its fully operational automated system includes (1) institutional NSC material, (2) classified documents signed by the President, the Assistant to the President for National Security Affairs, or his deputy, dispatched to departments and agencies, (3) memoranda reflecting Presidential decisions transmitted by the NSC Staff Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Secretary to the agencies, and (4) other items important to the implementation of policy. The system permits recall by any category or part thereof. State - Its partially operational automated system includes all telegrams having historical value including all Top Secret telegrams as of early 1974. On January 2, 1974, the system was expanded to include other documents of historical value such as airgrams, congressional corre- spondence, diplomatic notes, letters and memoranda. The system will be expanded upon the receipt of additional funding. The Department. believes that the system is help- ful in preparing such statistical compilations as the ICRC's quarterly summary report. It also will allow the Department to maintain better control over Top Secret documents. Transportation - Its partially operational manual system is an all inclusive system; i.e., it includes all documents of an official record nature containing information which the Department originally classifies. The system will be fully opera- tional by July 1974. The Department believes that the primary value of the system is that it will provide a more precise routine headquarters overview of the nature and volume of originally classified material and the appropriateness of the classification determinations. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Treasury - Its fully operational system includes all national security information developed after December 31, 1972, which is retained more than 90 days. The system is used to reflect an actual count of all national security infor- mation or material assigned an original classification within the Department. The Department also believes that the system is an effective means for maintaining such information or material to insure that officials assigning an original classification possess such authority and as time goes on it will be utilized for the retrieval of documents. USIA - Its fully operational automated system includes all docu- ments of historical or other value which comprised 70% of the total classification actions during Calendar Year 1973. The USIA believes that the objectives of systematic declassification review and public access to declassified information are assured by adherence to requirements for the Data Index System. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 IX. APPEALS TO THE ICRC Amonq the duties assigned to the Interagency Classification Review Committee by the President in Executive Order 11652 was the responsibility to "consider and take action on complaints from persons within or without the government with respect to the general administration of the Order including appeals from denials by Departmental Committees or the Archivist of declassification requests." Procedures, under which the denial of a request for the declassification of classified documents ten or more years old may be appealed to the ICRC, were published in the Federal Register on August 23, 1973. There have been six appeals to the ICRC from denials by various departments of mandatory declassification review requests. One appeal was granted in full (Kennedy/Khruschchev Cuban Missile Crises Correspondence); one appeal was granted in full with one minor three-line exception (Gaither Report); three appeals were denied; and one appeal was referred back to the responsible agency for appropriate action with the consent of the appellant and was subsequently granted in part. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 X. HIGHLIGHT SUMMARY 1. The total number of authorized classifiers within all departments has been reduced by 71% since Executive Order 11652 went into effect in mid- 1972 and this reduction is continuing. 2. Every major agency has had a significant decrease in the number of authorized classifiers. The Department of Defense alone has reduced the total number of authorized classifiers by 76% since Executive Order 11652 went into effect. 3. The National Archives and Records Service has declassified over 50,000,000 pages of records and documents since October 1972. Its active declassification program is continuing. 4. The AEC has declassified approximately 1,200,000 documents involving millions of pages since the start of its comprehensive classification review program 2 1/2 years ago--431,352 of those documents were declassified in 1973 alone. Its active classification review program is continuing. 5. The Department of Defense achieved a 25% reduction in its Top Secret inventory during 1973. 6. Comprehensive Data Index Systems of classified information and material having sufficient historical or other value appropriate for preser- vation are in full operation by the majority of departments of the Government. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 7. The Interagency Classification Review Committee has actively encouraged comprehensive orientation and training programs in the classi- fication and declassification fields and has itself taken a leading role in this area. 8. The majority of all mandatory review requests of classified infor- mation or material have been granted in full or in part. Many historians and other scholars have taken advantage of this new and innovative right. 9. Under the aegis of the Interagency Classification Review Committee, significant progress has been made by the Government in achieving the goals of Executive Order 11652. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 APPENDIX A Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 FRIDAY, MARCH 10, 1972 WASHINGTON, D.C. PART II THE PRESIDENT EXECUTIVE ORDER 11652 ClassiI cation and Declassification of National Security Information and Material- 002/01/10 : CIA-RDP76M00527R000700230055-9 THE PRESIDENT 5289 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Title 3-The President EXECUTIVE ORDER 11652 Classification and Declassification of National Security Information and Material The interests of the United States and its citizens are"best served by making information regarding the affairs of Government readily avail- able to the public. This concept of an informed citizenry is reflected :in the Freedom of Information Act and in the current public information policies of the executive branch. Within the Federal Government there is some official information and material which, because it bears directly on the effectiveness of our national defense and the conduct of our foreign relations, must be sub- ject to some constraints for the security of our Nation and the safety of our people and our allies. To protect against actions hostile to the United States, of both an overt and covert nature, it is essential that such official information and material be given-only limited dissemination. This official information or.material, referred to as classified infor- mation or material in this order, is expressly exempted from public disclosure by Section 552 (b) (1) of Title 5, United States Code. Wrong- ful disclosure of such information or material is recognized in the Federal .Criminal Code as providing a basis for prosecution. To ensure that such information and material is protected, but only to the extent and for such period as is necessary, this order identifies the information to be protected, prescribes classification, downgrading, de- classification and safeguarding procedures to be followed, and?establishes a monitoring system to ensure its effectiveness. NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, it is hereby ordered: SECTION 1. Security Classification Categories. Official information or material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (hereinafter collectively termed "national security") shall be classified in one of three categories, namely "Top Secret," "Secret," or "Confiden- tial," depending upon the degree of its significance to national security. No other categories shall be used to identify official information or material as requiring protection in the interest of national security, except as otherwise expressly provided by statute. These classification categories are defined as follows: (A) "Top Secret." "Top Secret" refers to that national security information or material which requires the highest degree of protection. The test for assigning "Top Secret" classification shall be whether its unauthorized disclosure could' reasonably be expected to cause excep- tionally grave damage to the national security. Examples of "excep- tionally grave damage" include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the Approved fRReJ@&2Q/1 /A@ :,9I f3 P ~ Q0 2~ 00700230055-9 Approv f 2eteastyR09D/6 ifanUA-DW1$MQQ 5QO jn0 5-9 complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scien- tific or technological developments vital to national security. This classification shall be used with the utmost restraint. ,. (B) "Secret." "Secret" refers to that national security information or material which requires a substantial degree of protection. The test for assigning "Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause serious damage to the national security. Examples of "serious damage" include disruption of foreign relations significantly affecting the national security; significant. impairment of a program or policy directly related to the national secu- rity; revelation of significant military plans or intelligence operations; and compromise of significant scientific or technological developments. relating to national security. The classification "Secret" shall be sparingly used. (C) "Confidential." "Confidential" refers to that national security information or material which requires protection. The test for assign- ing "Confidential" classification shall be whether its unauthorized dis- closure could reasonably be expected to cause damage to the national security. SEC. 2. Authority to Classify. The authority to originally classify in- formation or material under this order shall be restricted solely to.those offices within the executive branch which are concerned with matters of national security, and shall 'be limited to the minimum number absolutely required for efficient administration. Except as the context may otherwise indicate, the term "Department" as used. in this order shall include agency or other governmental unit. (A) The authority to originally classify information or material un- der this order as "'Top Secret" shall be exercised only by such officials as the President may designate in writing and by: (1) The heads of the Departments listed below; (2) Such of their senior principal deputies and assistants as the heads of such Departments may designate in writing; and (3) Such heads and senior principal deputies and assistants of major elements of such Departments, as the heads of such Departments may designate in writing. Such offices in the Executive Office of the President as the President may designate in writing Central Intelligence Agency Atomic Energy Commission Department of State Department of the Treasury Department of Defense, Department of the Army Department of the Navy Department of the Air Force United States Arms Control and Disarmament Agency FEDERAL REGISTER VOL 37 NO - I Approved For Release 2062/01/16 ObI$~-R'%61 66 2'A2dMf7700230055-9 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 THE PRESIDENT 5211 Department of Justice National Aeronautics. and Space Administration Agency for International. Development (B) The authority to originally classify information or material under this order as "Secret" shall be exercised only by: (1) Officials who have "Top Secret" classification authority;. (2) Such subordinates as officials with "Top Secret" classification authority under (A) (1) and (2) above may designate in writing; and (3) The heads of the following named Departments and. such senior principal deputies or assistants as they may designate in'writing. Department of Transportation Federal Communications Commission Export-Import Bank of. the United States Department of Commerce United States Civil Service .Commission United States Information Agency General Services Administration Department of Health, Education, and Welfare Civil Aeronautics Board Federal Maritime Commission Federal Power Commission National Science Foundation Overseas Private Investment Corporation (C) The authority to originally classify information or material un-' der this order as "Confidential" may be exercised by officials who have "Top Secret" or "Secret" classification authority and such officials as they may designate in writing. (D) Any Department not referred to herein and any Department or unit established hereafter shall not have authority to originally ? classify information or material under this order, unless specifically authorized hereafter by an Executive order. SEC. 3. Authority to Downgrade and Declassify. The authority to downgrade and declassify national security infomation.or material shall be exercised as follows: (A) Information or material may be downgraded or declassified by the official authorizing the original classification, by a successor in capac- ity or by a supervisory official of either. (B) Downgrading and declassification authority may also be exer- cised by an official specifically authorized under regulations issued by the head of the Department listed in Sections 2 (A) or (B) hereof. (C) In the case of classified information or material officially trans- ferred by or pursuant to statute or Executive order in conjunction with a transfer of function and not merely for storage purposes, the receiving Department shall be deemed to be the originating . Department for all purposes under this order including downgrading and declassification. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 FEDERAL REGISTER, VOL. 37, NO. 40-FRIDAY, MARCH 10, 1972 5212 THE PRESIDENT Approved Fq) eejqagW ~ 2 ffl Psi{iplA RtWT?MOgp?h7,~eOrO 17, 0o?3%0.519 transferred within (C) above, but originated in a Department which has since ceased to exist, each Department in possession shall be deemed to be the originating Department for all purposes under this order. Such information or material may be downgraded and declassified by the Department in possession after consulting with any other Departments having an interest in the subject matter. (E) Classified information or material transferred to the General Services Administration for accession into the Archives of the United States shall be downgraded and declassified by the Archivist of the United States in accordance with this order, directives of the President issued through the National Security Council and pertinent regulations of the Departments. (F) Classified information or material with special markings, as described in Section 8, shall be downgraded and declassified as required by law and governing regulations. SEc. 4. Classification. Each person possessing classifying authority shall be held accountable for the propriety of the classifications attrib- uted to him. Both unnecessary classification and over-classification shall be avoided. Classification shall be solely on the basis of national security considerations. In no case shall information be classified in order to conceal inefficiency or administrative error, -to prevent embarrassment to a person or Department, to restrain competition or independent ini- tiative, or to prevent for any other reason the release of information which does not require protection in the interest of national security. The following rules shall apply to classification of information under this order: (A) Documents-in General. Each classified document shall show on its face its classification and whether it is subject to or exempt-from the General Declassification Schedule. It shall also show the office of origin, the date of preparation and classification and, to the extent practicable, be so marked as to indicate which portions are classified, at what level, and which portions are not classified in order to facilitate. excerpting and other use. Material containing references to classified materials, which references do-not reveal classified information, shall not be classified. (B) Identification of Classifying Authority. Unless the Department involved shall have provided some other method of, identifying the individual at the highest level that authorized classification in each case, material classified under' this order shall indicate on-its face the identity of the highest authority authorizing the classification. Where the indi- vidual who signs or otherwise authenticates a document or item has also authorized the classification, no further annotation as to his identity is requited. - (C) Information or Material Furnished by a Foreign Government or International Organization. Classified information or material furnished to the -United States by a foreign government or international organiza- tion shall either retain its original classification or be assigned a United States classification. In either case, the classification shall assure a degree of protection equivalent to that required by the government or inter- national organization which furnished the information or material. Approved For ?e 's4 2 f'Fed':?'MA4 rJ J527R0OOiOO230055-9 1D) Classification Responsibilities. A holder of classified informa- Apprl38 d>Fct lea 90 Qt10rZdClA}RDPt M 52;TR O o dO55-9 by the originator. If a holder believes that there is unnecessary classi- fication, that the assigned classification is improper, or that the docu- ment is subject to declassification under this order, he shall so inform the originator who shall thereupon re-examine the classification. SF-c. 5. Declassification and Downgrading. Classified information and material, unless declassified earlier by the original classifying authority, shall be declassified and downgraded in accordance with the following rules : (A) General Declassification Schedule. (1) "Top Secret." Infor- mation or material originally classified "Top Secret" shall become automatically -downgraded to "Secret" at the end of the second full calendar year following the year in which it was originated, down- graded to "Confidential" at the end of the fourth full calendar year following the year in which it was originated, and declassified at the end of the tenth full calendar year following the year in which it was originated. (2) "Secret." Information and material originally classified "Secret" shall become automatically downgraded to "Confidential" at the? end of the second full calendar year following the year in which it was, originated, and declassified t the end of the eighth full calendar year following the year in which it was originated. (3) "Confidential." Information and material originally classified "Confidential" shall become automatically declassified at the end of the sixth full calendar year following the year in which it was originated. (B) Exemptions from General Declassification Schedule. Certain classified information or material may war::?ant some degree of pro- tection for a period exceeding that provided in the General Declassi- fication Schedule. An official authorized to originally classify information or material "Top Secret" may exempt from the General Declassification Schedule any level of classified information or material originated by him or under his supervision if it falls within one of the categories described below. In each case such official shall specify in writing on the material the exemption category being claimed and, unless impossible, a date or event for automatic declassification. The use of the exemption authority shall be kept to the absolute minimum consistent with national security requirements and shall be restricted to the following categories: (1) Classified information or material furnished by foreign govern- ments or international organizations and held by the United States on the understanding that it be kept in confidence. (2) Classified information or material specifically covered by statute, or pertaining to cryptography, or disclosing intelligence sources or -methods. (3) Classified information, or material disclosing a system, plan, installation, project or specific foreign relations matter the continuing protection of which is essential to the national security. FEDERAL REGISTER, VOL. 37, NO. 40-FRIDAY, MARCH 70, 1972 Approved For Release 2002/01/10 CIA-RDP76M00527R000700230055-9 (4) Classified infoation or m)1Wkb Qthr.76bdff &2960~,'~i9h Approved O ~r I191 Mepieopardy. (C) Mandatory Review of Exempted Material. All classified infor- mation and material originated after the effective date of this order which is exempted under (B) above from the General Declassification Schedule shall be subject to a classification review by the originating Department at any time after the expiration of ten years from the date of origin provided : (1 } A Department or member of the public requests a review; (2) The request describes the record with sufficient particularity to enable the Department to identify it; and (3) The record can be obtained with-only a reasonable amount of effort. Information or material which no longer qualifies for exemption under (B) above shall be declassified. Information or material continuing to qualify under (B) shall be so marked and, unless impossible, a date for automatic declassification shall be set. (D) Applicability of the General Declassification Schedule to Previ- ously Classified Material. Information or material classified before the -effective date of this order and which is assigned to Group 4 under Executive Order No. 10501, as amended by Executive Order No. 10964, 'shall be subject to the General Declassification Schedule. All other infor- mation or material classified before the effective date of this order, whether or not assigned to Groups 1, 2, or 3 of Executive Order No. 10501, as amended, shall be excluded from the General Declassifica- tion Schedule. However, at any time after the expiration of ten years from the date of origin it shall be subject to a mandatory classification review and disposition under the same conditions and criteria that apply to classified information and material created after the effective date of this order as set forth in (B) and (C) above. (E) Declassification of Classified Information or Material After Thirty Years. All classified information or material which is thirty years old or more, whether originating before or after he effective date of this order, shall be declassified under the following conditions: (1) All information and material classified after the effective date of this order shall, whether or not declassification has been requested, become automatically declassified at the end of thirty full calendar years after the date of its original classification except for such specifically identified information or material which the head of the originating Department personally determines in writing at that time to require continued protection because such continued protection is essential to the national security or disclosure would place a person in immediate jeopardy. In, such case, the head of the Department shall also specify the period of continued classification. (2) All information and material classified before the effective date of this order and more than thirty years old shall be systematically reviewed for declassification by the Archivist of the United States by the end of the thirtieth full calendar year following the year in which it was FEDERAL REGISTER, VOL. 37, NO. 48-FRIDAY, MARCH 10, 1972 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 THE PRESIDENT Appr bivedeFlorn- heseareview se 2, the 1 clO ivist : CIA11 separate o anog 7R00P70c020055-9 only such information or material as is specifically identified by the head of the Department in accordance with (E) (1) above. In such case, the head of the Department shall also specify the period of continued classification. (F) Departments Which Do Not Have Authority For Original Classification. The provisions of this section relating to the declassifica- tion of national security information or material shall apply to Depart- ments which, under the terms of this order, do not have current authority to originally classify information or material, but which formerly had such authority under previous Executive orders. SEC. 6. Policy Directives on Access, Marking, Safekeeping, Account- ability, Transmission, Disposition and Destruction of Classified Informa- tion and Material. The President acting through the National Security Council shall issue directives which shall be binding on all Departments to protect classified information from loss or compromise. Such directives shall conform to the following policies: (A) No person shall be given access to classified information or material unless such person has been determined to be trustworthy and unless access to such inform ttion is necessary for the performance of his duties. (B) All classified information and material shall be appropriately and conspicuously marked to put all persons on clear notice of its classified contents. (C) Classified information and material shall be used, possessed, and stored only under "conditions which will prevent access by unauthorized persons or dissemination to unauthorized persons. (D) All classified information and material disseminated outside the executive branch under Executive Order No. 10865 or otherwise shall be properly protected. (E) Appropriate accountability records for classified information shall be established and maintained and such information and material shall, be protected adequately during all transmissions. (F) Classified information and material no longer needed in current working files or for reference or record purposes shall be destroyed or disposed of in accordance with the records disposal provisions contained in Chapter 33 of Tide 44 of the United States Code and other applicable statutes. (G) Classified information or material shall,be reviewed on a sys- tematic basis for the purpose of accomplishing downgrading, declassifica- tion, transfer, retirement and destruction at the earliest practicable date. SEc. 7. -Implementation and Review Responsibilities. (A) The Na- tional Security Council shall monitor the implementation of this order. To assist the National Security -Council, an Interagency Classifica- tion Review Committee shall fie established, composed of representa- tives of the Departments of State, Defense and Justice, the Atomic Energy Commission, the Central Intelligence Agency and the National Approved For Wetiease 20~ ?/0 %1 8?:' GfA-PBV7 85-'2'7F 0( 0700230055-9 THE PRESIDENT Appro.FjRR19RP5-9 Representatives of other Departments in the executive branch may be invited to meet with the Committee on matters of particular interest to those Departments. This Committee shall meet regularly and on a continuing basis shall review and take action. to ensure compliance with this order, and in particular: (1) The Committee shall oversee Department actions to ensure com- pliance with the provisions of this order and implementing directives issued by the President through the National Security Council. (2) The Committee shall, subject to procedures to be established by it, receive, consider and take action on Suggestions and complaints from persons within or without the government with respect to the admin- istration of this order, and in consultation with the affected Department or Departments assure that appropriate action is taken on such sug- gestions and complaints. (3) Upon request of the Committee Chairman, any Department shall furnish to the Committee any particular information or material needed by the Committee in carrying out its functions. (B) To promote the basic purposes of this order, the head of each Department originating or handling classified information or material shall: (1) Prior to the effective date of this order submit to the Interagency Classification Review Committee for approval a copy of the regulations it proposes to adopt pursuant to this order. (2) Designate a senior member of his staff who shall ensure effec- tive compliance with and implementation of this order and shall also chair a Departmental committee which shall have authority to act on all suggestions and complaints with respect to the Department's administration of this order. (3) Undertake an initial program to familiarize the employees of his Department with the provisions of. this order. He shall also estab- lish and maintain active training and orientation programs. for em- ployees concerned with classified information or material. Such programs shall include, as a minimum, the briefing of new employees and periodic reorientation during employment to impress upon each individual his responsibility for exercising vigilance and care in complying with the provisions of this order. Additionally, upon termination of employ- ment or contemplated temporary separation for a sixty-day period or more, employees shall be debriefed and each reminded of the provisions of the Criminal Code and other applicable provisions of law relating to penalties for unauthorized disclosure. (C) The Attorney General, upon request of the head of a Depart- ment, his duly designated representative, or the Chairman of the above described- Committee, shall personally or through authorized repre- sentatives of the Department of justice render an interpretation of this order with respect to any question arising in the course of its admin- istration. Approved For P,eeleas'iPl6o'Bb1it0"PdA--M Y,640M9M2?fWN700230055-9 Appr% ec FoVft&b qmy hlm44.o4 cFbl Il obf4 d om30055-9 order shall supersede any requirements made by or under the Atomic Energy Act of August 30, 1954, as amended. "Restricted Data," and material designated as "Formerly Restricted Data," .shall be handled, protected, classified, downgraded and declassified in conformity .with the provisions of the Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission. SEC. 9. Special Departmental Arrangements. The originating De- partment or other appropriate authority may impose, in conformity with the provisions of this order, special requirements with respect to access, distribution and protection of classified information and material,. including those which presently relate to communications intelligence, intelligence sources and methods and cryptography. SEC. 10. Exceptional Cases. In an exceptional case when' a person or Department not authorized to classify information originates information which is believed to require classification, such person or Department shall protect that -information in the manner prescribed by this order. Such persons or Department shall transmit. the informa- tion forthwith, under appropriate safeguards, to the Department having primary interest in the subject. matter with a request that a determina- tion be made as to classification. SEc. 11. Declassification of Presidential Papers: The Archivist of the United States shall have authority to review and declassify information and material which has been classified by a President, his White House Staff or special committee or commission appointed .by him and which the Archivist has in his custody at any archival depository, including a Presidential Library. Such declassification shall only be undertaken in accord with: (i) the terms of the donor's deed of gift, (ii) consulta- tions with the Departments having a primary subject-matter interest, and (iii) the provisions of Section 5. SEc. 12. Historical Research and Access by Former Government Officials. The requirement in Section 6(A) that- access to classified information or material be granted only as is necessary for the perform- ance -of one's duties shall not apply to persons outside the executive branch who are. engaged in historical research projects or,who have previously occupied policy-making positions to which they were appointed by the President; Provided, however, that in each case the head of the originating Department shall: (i) determine that access is clearly consistent with the interests of national security; and (ii) take appropriate steps to assure that classified information or.. material is not published or otherwise compromised. Access granted a person by reason of his having previously occupied a policy-making position shall be limited to those papers which the, former official originated, reviewed, signed or received while in public office. SEC. 13. Administrative and Judicial Action. (A) Any officer or employee of the United States who unnecessarily classifies or over,- 5217 FEDERAL REGISTER, VOL. 37, NO. 4$--FRIDAY, MARCH 10, 1972 Approved For Release 2002/01/10 CIA-RDP76M00527R000700230055-9 CC~~ ~~nn THE. PRESIDENT Approvedr F~I f e tL 6`~ 2 lA9tAQ31~3~48-9 vro a on a terms. of t or er or of a directive of the President b ,sued through the National Security Council. Repeated' abuse of the classification process shall be grounds for an administrative reprimand. In any case where the Departmental committee'orthe Interagency Classi- fication Review Committee finds that unnecessary classification or over- classification has occurred, it shall make a report to the' head of the Department concerned in order that corrective steps maybe taken. (E) The head of each Department is directed to take prompt and stringent administrative action against any'. officer or eiiiployee of the United States, at any level of employment, determined to have been re- sponsible for. any-release or disclosure of national security information or material in a 'manner not authorized by or under this order-or a directive of the President issued through the National Security Council.. Where a violation of criminal statutes may be involved, Departments will refer any such-case promptly to the Department of Justice. SEC. 14. Revocation -of Executive Order No. 10501..Executive Order No. 10501 of. November 5, 1953, as amended by Executive Orders No. 10816 of May 8, 1959, No. 10901 of January 11, 1961, N6. 10964 of September 20, 1961, No. 10985 of January 15, 1962, No. 11097- of March 6, 1963 and by Section 1(a) of No. 11382 of November 28,'l 9 67, is superseded as of the effective date of this order. :SEC.. 15. Effective date. This order, shall become effective on June 1, 1972. THE WHITE HOUSE, March 8, 1972. [FR Doc.72-3782 Filed 3-9-72; 11:01 am] FEDERAL REGISTER, VOL 37, NO. 48-FRIDAY, MARCH 10, 1972 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 APPENDIX B Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 EXECUTIVE ORDER 11714 AMENDING EXECUTIVE ORDER NO. 11652 ON CLASSIFICATION AND DECLASSIFICATION OF NATIONAL SECURITY INFORMATION AND MATERIAL By virtue of the authority vested in me by the Constitution and statutes of the United States, the second sentence of Section 7(A) of Executive Order No. 11652 of March $, 1972, is amended to read a s ,follows: ."To assist the.National Security Council, an Interagency Classification Review Committee shall be established, composed of a Chairman designated by the President, the Archivist of the United States, and representatives of the Departments of State, Defense and Justice, the Atomic Energy Commission, the Central Intelligence Agency and the National Security Council Staff. " THE WHITE HOUSE, ApIX$ j I Fqr R I 3e 2002/01/10: CIA-RDP76M00527R000700230055-9 APPENDIX C Approved For Release 2002/9,jjl$9E9& P76M00527R000700230055-9 DIRECTIVE OF MAY 17, 1972 National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information The President has directed that Executive Order. 11652, "Classifica- tion and Declassification of National Security Information and Material," approved March 8, 1972 (37 F.R. 5209, March 10, 1972) be imple- mented in accordance with the following: I AUTHORITY To CLASSIFY 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".). Such officials may classify information or material only at the level au- thorized or below. This authority vests only to the official designated under the Order, and may not be delegated. B. Observance of Classification. Whenever information or material classified by an official designated under A above is incorporated in an- other document or other material by any person other than the classifier, the previously assigned security classification category shall be reflected thereon together with the identity of the classifier. C. Identification of Classifier. The person at the highest level authoriz- 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 identified. D. Record Requirement. Each Department listed in Section 2 (A) of the Order shall maintain a listing by name of the officials who have been designated in writing to have Top Secret classification authority. Each Department listed in Section 2 (A) and (B) of the Order shall also maintain separate listings by name of the persons designated in writing to have Secret authority and persons designated in writing to have Con- fidential authority. In cases wlfere listing 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 apppropriate, or as to whether Approved For Release 2002/01/10: CIA-RpP76M00527R000700230055-9 10054 Approved For Release 2002/01/1TPGRAEkM00527R000700230055-9 the material should be classified at all, he should designate the less re- strictive treatment. II DOWNGRADING AND DECLASSIEICATtON A. General Declassification 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 exempt and indicate the applicable exemption - category. Unless impossible, the ex- empted information or material shall be assigned and clearly marked by the classifier with, a specific date or event upon which.. declassification shall occur. Downgrading and declassification dates or events established in acordance with the foregoing, whether scheduled or non-scheduled, shall to the extent possible be carried forward and applied whenever the classified information or material is incorporated in other documents or material. B. Extracts and Compilations. When classified information or mate- rial from more than one source is incorporated into a new document or 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. Material 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 days, in which to express its objections .before taking action. D. Declassification 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 (E) of the Order to systematically review for declassification all materials classified before June 1, 1972 and more than 30 years old. Such per- 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) develpp.a list for submission to the head of the Department which identi- fies the. materials so separated, with recommendations concerning con- tinued classification. The head of the originating Department wilt then make the determination required under Section-5 (E) of the Order and cause a list. to be created which identifies the documentation included Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 FEDERAL REGISTER, VOL. 37, NO. 98.-FRIDAY, MAY 19, 1972 ApprciYt"jFM i1Rgtg&j.2$Pc3c19 &s t is CaAs nRP0Pr 76 }i005d~les0007002 and 5-9 specifies the date on which such material shall be declassified. E. Notification of Expedited Downgrading or Declassification. When classified information or material is downgraded or declassified in a manner other than originally specified, whether scheduled or exempted, the classifief shall, to the extent practicable, promptly notify all address- ees to whom the information or material was originally officially trans- miffed. In turn, the addressees shall notify any other known recipient of the classified. information or material. . III REVIEW OF CLASSIFIED MATERIAL FOR DECLASSIFICATION PURPOSES A. Systematic Reviews. All information and material classified after the effective date of the Order and determined in accordance with Chap- ter 21, 44 U.S.C. (82 Stat. 1287) to be of sufficient historical or other value to warrant preservation shall be systematically reviewed on a timely basis by each Department for the purpose of making such information and material publicly available in accordance with the determination 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 make the de- classified information and material available to the public to the extent permitted by law. B. Review for Declassification of Classified Material Over 10 Years Old. Each Department shall designate in its implementing regulations 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 requires 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 (B) of the Order for a determination. Should the office assigned action on a request for review determine that under the criteria set forth in Section 5 (B) of the Order continued classification is required, the requester shall promptly be notified, and whenever possible, provided with a brief statement as to why the requested information or material cannot be declassified. The requester may appeal any such determination to 'the Departmental Committee and the notice of determination shall advise him of this right. C. Departmental Committee Review for Declassification. The Depart- mental Committee shall establish procedures to review and act within Approved FcKlte? $9Ot01~ ONflC9A_RDPY6~M0059 ~R000700230055-9 Appro VW816494 /end U *93Q7 10dM6Qd0055-9 sification. The Department head, acting through the Departmental Com- mittee shall be authorized to over-rule previous determinations in whole or in part when, in its judgment, continued protection is no longer re- 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. DReview 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 II.D. 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 classi- fication it shall be declassified and made ,promptly available to the requester, if not otherwise exempt from disclosure under Section 552 (b) of Title 5 U.S.C. (Freedom of Information Act) or other provision of law. G. Classification Review Requests. As required by Section 5 (C) of the Order, a request for classification review must describe the document with sufficient particularity to enable the Department to identify it and. obtain it with a reasonable amount of effort. Whenever a request is' deficient in its description of the record sought, the requester should be asked to provide additional identifying information whenever possible. Before denying a request on the ground that it is unduly burdensome, the requester should be asked to limit his request to records that are reason- ably obtainable. If none-the-less the requester does not describe the 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 REQUIREMENTS A, When Document or Other Material is Prepared. At the time of origination, each, document or other material containing classified in- Approved For ReleaseTlbOv ~U?~11 ?'G~ ~'6 ob1 R'600700230055-9 THE PRESIDENT Appr f f cff Me q?Py,?h0 ; CIIA.RDP 76MO.0527RQ 070o02a30d055-9 it~ whether it is subject to or exempt from the General Declassification Schedule. (1)`"lFor 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 11652 AUTOMATICALLY DOWNGRADED AT TWO YEAR INTERVALS AND DECLASSIFIED ON DEC. 31 (insert year) (2) For marking 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 --------------------------- _ --------------------------- AUTOMATICALLY DECLASSIFIED ON (effective date or event) - (3) For marking documents which are exempt from the -General Declassification Schedule the following stamp shall be used: (TOP SECRET, SECRET OR CONFIDENTIAL) CLASSIFIED ----------------------------------------=--------- BY --------------------------------- ------ --- ------------- -- EXEMPT FROM GENERAL DECLASSIFICATION SCHEDULE OF EXECUTIVE ORDER 11652 EXEMPTION CATEGORY (? 5B (1), (2), (3), or (4)) AUTOMATICALLY DECLASSIFIED ON (effective --------------- date or event, if any) ------------------ Should the classifier inadvertently fail to mark a document with one of the foregoing stamps the document shall be deemed to be subject to the General Declassification Schedule. The person who signs or finally 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 page (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. Paragraph Marking. Whenever a classified document contains either more than one security classification category or unclassified 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. Approved F e ,g1 90, /Q1/%. IAF V7~JK0~09537R000700230055-9 IQ, THE PRESIDENT Approve ForaReI laa 20~2/01/ 0 : CIA-Rpp76M00527R000700230055-9 tther l han .Documents. If classified material cannot be marked, written notification of the information otherwise required in markings shall accompany such material. E. Transmittal Documents. A transmittal document shall carry on it a prominent notation as to the highest classification of the information which is carried with it, and a legend showing the classification, if any, of the transmittal document standing alone. F. Wholly Unclassified Material Not Usually Marked. Normally, un- classified material shall not be marked or stamped "Unclassified" unless the purpose of the marking is to indicate that a decision has been made not to classify it. G. Downgrading, Declassification and Upgrading Markings. When- ever a change is made in the original classification or in the dates of down- grading or declassification of any classified information or material it shall be promptly and conspicuously marked to indicate the change, the authority for the action, the date of the action, and the identity of the person taking the action. In addition, all earlier classification markings shall be cancelled, if practicable, but in any event on the first page. (1) Limited Use of Posted Notice for Large Quantities of Material. When the volume of information or material is such that prompt remark- ing '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 he promptly remarked in accordance with the change, or if the documents have been declassified, the old markings shall be cancelled. (2). Transfer of Stored Quantities Covered by Posted Notice. When information or material subject to a posted downgrading, upgrading or declassification notice are withdrawn from one storage unit solely for transfer to another, or a storage unit containing such documents or other materials is transferred from one place to another, the transfer may be made without remarking if the notice is attached to or remains with each shipment. H. Additional Warning Notices. In addition to the foregoing marking requirements, warning notices shall be prominently displayed on classi- fied documents or materials as prescribed below. When display of these warning notices on the documents or other materials is not feasible, the warnings shall be included in the written notification of the assigned classification. (1) Restricted Data. For classified information or material containing Restricted Data as defined in the Atomic Energy Act of 1954, as amended : This document contains Restricted Data as defined in the Atomic Energy Act of 1954. Its dissemination or disclosure to any unauthorized person is prohibited. Approved Fq ILe QO, jplj~,C~bC* R J~ 40 7 00700230055-9 Approved For Release 2002/6'gfOp EIW P76MOO527R000700230055-9 (2) Formerly Restricted Data. For classified information or material coptaining solely Formerly Restricted Data, as defined in Section 142.d., .)Atomic Energy Act of 1954, as amended: "FORMERLY RESTRICTED DATA" Unauthorized disclosure subject to Administrative and Criminal Sanc- tions. Handle as Restricted Data in Foreign Dissemination. Section 144.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" Unauthorized Disclosure Subject to Criminal Sanctions. (4) Sensitive Intelligence Information. For classified information or material relating to sensitive intelligence sources and methods, the follow- ing warning notice shall be used, in addition to and in conjunction with those prescribed in (1), (2), or (3), above, as appropriate : "WARNING NOTICE-SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED" V PROTECTION AND TRANSMISSION OF CLASSIFIED INFORMATION A. -General. Classified information or material may be used, held, or stored only where there are. facilities or under conditions adequate to prevent unauthorized persons from gaining access to it. Whenever such information or material is not under the personal supervision of an authorized person, the methods set forth in Appendix A hereto shall be used to protect it. Whenever such information or material is transmitted outside the originating Department the requirements of Appendix B hereto shall be observed. B. Loss or Possible Compromise. Any person who has knowledge of the loss or possible-compromise of classified information shall'immedi- ately report the circumstances to a designated official of his Department or organization. In turn,, the originating Department and any other interested Department shall be notified about the loss or possible com- promise in order that a damage assessment may be conducted. An immediate inquiry shall be initiated by the Department in which the loss or compromise occurred for the purpose of taking corrective meas- ures and appropriate administrative, disciplinary, or legal action. VI ACCESS AND ACCOUNTABILITY A. General Access Requirements. Except as provided in B. and C. below, access to classified information shall be granted in accordance with the following: '(1) Determination of Trustworthiness. No person shall be given access to classified information or material unless a favorable determina- tion has been made as to his trustworthiness. The determination of eligibility, referred to as a security clearance, shall be based on such iivestigations as the Department may require in accordance with the standards and criteria of E.O.-10450 and E.O. 10865 as appropriate. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 FEDERAL REGISTER, VOL. 37, NO. 98-FRIDAY, MAY 19, 1972 ,,~"(2) Determination n Need-to- o t Approv `Fad- t s} tit i 1~1 e~c.~orac ess07 sst'o lee particular cl sssifi d5-9 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 Executive Branch engaged in historical research projects may be authorized access to classified information or material provided that the head of the originating Department determines that: (1) T- 4c project and access sought conform to the requirements of Section 12 of the Order. (2) The information or material requested is reasonably accessible and can be located and compiled with a reasonable amount of effort. (3) The historical researcher agrees to safeguard the information or material in a manner consistent with the Order and Directives there- under. (4) The historical researcher agrees to authorize a review of his notes and manuscript for the sole purpose of determining that no classi- fied 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 Former Presidential Appointees. Persons who previously occupied policy making positions to which they were appointed by the President, other than those referred to in Section 11 of the Order, may be authorized access to classified information or material which they originated, reviewed, signed or received while in public office. Upon the request of any such former official, such 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 of Originating Department to Dissemination by Recipi- ent. Except as otherwise 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. FEDERAL REGISTER, VOL. 37, NO. 98-FRIDAY, MAY 19, 1972 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/JVAPRR-FDP76M00527R000700230055-9 E. Dissemination of Sensitive Intelligence Information. Information of material bearing the notation "WARNING NOTICE-SENSI- TIVE INTELLIGENCE SOURCES AND METHODS IN- VOLVED" shall not be disseminated in any manner outside authorized channels without the permission of the originating Department and an assessment by the senior intelligence official in the disseminating Depart- 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 specific prior approval of the head of a Department or his designee. G. Accountability Procedures. Each, Department shall prescribe such accountability procedures as are necessary to control effectively the dis- semintaion of classified information or material. Particularly stringent controls shall be placed on information and material classified Top Secret. (1) Top Secret Control Officers. Top Secret Control. Officers shall be designated, as required, to receive, maintain current accountability records of, and dispatch Top Secret material. (2) Physical Inventory. A physical inventory of all Top Secret ma- terial shall be made at least annually. As an exception, repositories stor- ing large volumes of classified material, shall develop inventory lists or other finding aids. (3) Current Accountability. Top Secret and Secret information and material shall be 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 sparingly 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 system shall contain the following data for each document indexed : (a) Identity of classifier, (b) Department of.origin, (c) Addressees, (d) Date of classification, (e) Subject/Area, (f) Classification category and whether subject to or exempt from the General. Declassification Schedule, (g) If exempt, which exemption category is applicable, (h) Date or event set for declas- sification, and (i) File designation. Information and material shall be indexed into the system at the earliest practicable date during the course Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 FEDERAL REGISTER, VOL. 37, NO. 98-FRIDAY, MAY 19, 7972 of the calendar year in which it is produced and classified, or in any event Approved EcarRe1e*A11r31410210311Qc:sf~7y~ ?9W-9 undertake to establish such a data index system no later than July 1, 1973, which shall index the selected categories of information and ma- terial produced and classified after December 31, 1972_ 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 COMMITTEE 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, theAtomic Energy Commission, the Central Intelligence Agency, the National Security Council staff, and a Chairman designated by the President. B. Meetings and Sta ff.' 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 each 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 take action on complaints from persons within or without the government with respect to the general administration of the Order including appeals from denials by Departmental Committees or the Archivist of declassification requests. X DEPARTMENTAL IMPLEMENTATION AND ENFORCEMENT A. Action Programs. Those Departments listed in Section 2 (A) and (B) of the Order shall insure that adequate personnel and funding are provided for the purpose of carrying out the Order and Directives thereunder. B. Departmental Committee. All suggestions and complaints, includ- ing those regarding overclassification, failure to declassify, or delay in de- classifying not otherwise resolved, shall be referred to the Departmental Committee for resolution. In addition, the Departmental Committee shall review all appeals of requests for records under Section 522 of Title 5 FEDERAL REGISTER, VOL 37, NO. 98-FRIDAY, MAY 19,- 1972 Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 AppdJ?Jd ~Ps4i~~rt~Szri~~ct~~~i s055-9 on their continued classification tinder the Order. C. Regulations and Reports. Each Department shall submit its pro- posed implementing regulations of the Order and Directives thereunder to the Chairman of the Interagency Classification Review Committee for approval by the Committee. Upon approval such regulations shall be published in the FEDERAL REGISTER to the extent they affect the general public. Each Department shall also, submit to the said Chairman (1) copies of the record lists required under Part I.D. hereof by July 1, 1972 and thereafter quarterly, (2) quarterly reports of Departmental Com- mittee actions on classification review requests, classification abuses and unauthorized disclosures, and (3) provide progress reports on informa- tion accumulated in the data index system established under Part VII hereof and such other reports as said Chairman may find necessary for the Interagency Classification Review Committee to carry out its respon- sibilities. D. Administrative Enforcement. The Departmental Committees shall have responsibility for recommending to the head of the respective Departments appropriate administrative action to correct abuse or viola- tion of any provision of the Order or Directives thereunder, including notifications by warning letter, formal reprimand, and to the extent per- mitted by law, suspension without pay and removal. Upon receipt of such a recommendation the head of the Department concerned shall act promptly and advise the Departmental Committee of his action. Publication and Effective Date: This Directive shall be published in the FEDERAL REGISTER and become effective June 1, 1972 gENRY A. KISSINGER, Assistant to the President for National Security Affairs. MAY 17, 1972. APPENDIX A PROTECTION OF CLASSIFIED INFORMATION A. Storage of Top Secret. Top Secret information and material shall be stored in a safe or safe-type steel file container having a built in three-position dial-type com- bination lock, vault, or vault-type room, or other storage facility which meets the standards for Top Secret established under the provisions of (C) below, and which minimizes the possibility of unauthorized access to, or the physical theft of, such information or material. B. Storage of Secret or Confidential. Secret and Confidential material may be stored in a manner authorized for Top Secret information and material, or in a con- tainer or vault which meets the standards for Secret or Confidential, as the case may be, established under the provisions of (C) below. C. Standards for Security Equipment. The General Services Administration shall, in coordination with Departments originating classified information or material, establish and publish uniform standards, specifications and supply schedules for con tainers, vaults, alarm systems and associated security devices suitable for the storage and protection of all categories of classified information and material. Any Depart- ment may establish for use within such Department more stringent standards. When- ever new security equipment is procured, it shall be in conformance with the foregoing standards and specifications and shall, to the maximum extent practicable, be of the type designated on the Federal Supply Schedule, General Services Administration. D. Exception to Standards for Security Equipment. As an exception to (C) above, Secret and Confidential material may also be stored in a steel filing cabinet having a built in, three-position, dial-type combination lock; or a steel filing cabinet equipped with a steel lock bar, provided it is secured by a GSA approved changeable com- bination padlock. Approved lfgl~sr/Os~/ IAF-jQV7k0W3~000700230055-9 Approveld for Releasei,2DO2u1f 1110secCi4-RD tr74U00527cROO0700,2x'&( 055-9 only by persons having appropriate security clearance, and shall be changed when- ever such equipment is placed in use, whenever a person knowing the combination is transferred from the office to which the equipment is assigned, whenever a combi- nation has been subjected to possible compromise, and at least once every year. Knowledge of combinations shall be limited to the minimum number of persons necessary for operating purposes. Records of combinations shall be classified no lower than the highest category of classified information or material authorized for storage in the security equipment concerned. F. Telecommunications Conversations, Classified information shall not be revealed in telecommunications conversations, except as may be authorized under Appendix B with respect to the transmission of classified information over approved communica- tions circuits or systems. G. Responsibilities of Custodians. Custodians of classified material shall be responsi- ble for providing protection and accountability for such material at all times and particularly for locking classified material in approved security equipment whenever it is not in use or under direct supervision of authorized persons. Custodians shall follow procedures which insure that unauthorized persons do not gain access to classified information or material by sight or sound, and classified information shall not be discussed with or in the presence of unauthorized persons. TRANSMISSION OF CLASSIFIED INFORMATION A. Preparation and Receipting. Classified information and material shall be en- closed in opaque inner and outer covers before transmitting. The inner cover shall be a. sealed wrapper or envelope plainly marked with the assigned classification and address. The outer cover shall be sealed and addressed with no indication of the classi- fication of its contents. A receipt shall be attached,to or enclosed in the inner cover, except that Confidential material shall require a receipt only if the sender deems it necessary. The receipt shall identify the sender, addressee, and the document, but shall contain no classified information. It shall be signed by the recipient and returned to the sender. B. Transmission of Top Secret. The transmission of Top Secret information and material shall be effected preferably by oral discussions in person between the officials concerned. Otherwise the transmission of Top Secret information and material shall he by specifically designated personnel, by State Department diplomatic pouch, by a messenger-courier system especially created for that purpose, over authorized com- munications circuits in encrypted form or by other means authorized by the National Security Cobncil; except that in the case of information transmitted by the Federal Bureau of Investigation, such means of transmission may be used as are approved by the Director, Federal Bureau of Investigation, unless express reservation to the contrary is made in exceptional cases by the originating Department. C. Transmission of Secret. The transmission of Secret material shall be effected in the following manner. . (1) The Fifty States, District of Columbia, Puerto Rico. Secret information and material may be transmitted within and between the forty-eight contiguous states and District of Columbia, or wholly within the State of Hawaii, the State of Alaska, or the Commonwealth of Puerto Rico by one of the means authorized for Top Secret infor- mation and material, the United States Postal Service registered mail and protective services provided by the United States air or surface commercial carriers under such conditions as may be prescribed by the head of the Department concerned. (2) Other Areas, Vessels, Military Postal Services, Aircraft. Secret information and material may be transmitted from or to or within areas other than those specified in (1) above, by one of the means established for Top Secret information and mate- rial, captains or masters of vessels of United States registry under contract to a De- partment of the Executive Branch, United States registered mail through Army, Navy or Air Force Postal Service facilities provided that material does not at any time pass out of United States. citizen control and does not pass through a foreign postal system, and commercial aircraft under charter to the United States and military or other government aircraft. (3) Canadian Government Installations. Secret information and material may be transmitted between United States Government or Canadian Government installations, or both, in the forty-eight contiguous states, Alaska, the District of Columbia and Canada by United States and Canadian registered mail with registered mail receipt. (4) Special Cases. Each Department may authorize the use of the United States Postal Service registered mail outside the forty-eight contiguous states, the District of Columbia, the State of Hawaii, the State of Alaska, and the Commonwealth of Puerto Rico if warranted by security conditions and essential operational requirements provided that the material does not at any time pass out of United States Government arid United States citizen control and does not pass through a foreign postal system. Approved For W56ENUM0'Vf1 Ar, 6A441P 110MOO 27ROOM00230055-9 THE PRESIDENT Approved rg,!-5 ;%~~ 2/Pal/ Arifir7en iaRDP716M0052JROOQa105 23(055-9 transmitted within the forty-eight contiguous states and the District of Columbia, o: wholly within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a United States possession, by one of the means established for. higher classifications, or by certified or first class mail. Outside these areas, Confidential information and material shall be transmitted in the same manner as authorized for higher classifications. E. Alternative Transmission of Confidential. Each Department having authority to classify information or material as "Confidential" may issue regulations author- izing alternative or additional methods for the transmission of material classified "Confidential" outside of the Department. In the case of material originated by another agency, the method of transmission must be at least as secure as the trans- mission procedures imposed by the originator. F. Transmission Within a Department. Department regulations governing the preparation and transmission of classified information within a Department shall ensure a degree of security equivalent to that prescribed above for transmission out- side the Department. (FR Doc.72-7713 Filed 5-17-72;5:04 pm] 10065 Approved FqK ge jjQ0,4Q1j~,Otli)C t T6M f~7y 00700230055-9 APPENDIX Approved For Release 2002/01/10 : CIA-RDP76M00527R00070023 0D5-9 MW Copies of the Interagency Classification Review Committee standard quarterly report forms are attached. They are: SF 321, "Mandatory Declassification Review Requests", FSN 7540-118-1179 SF 322, "National Security Information or Material - Classification Abuses", FSN?7540-118-1188 SF 323, "National Security Information and Material - Unauthorized Disclosures", FSN 7540-118-1190 SF 324, "Quarterly Summary Report to the Interagency Classification Review Committee", FSN 7540-118-1197 There is no standard report form for the quarterly report of authorized classifiers. Approved For Release 2002/01/10 : CIA-RDP76M00527R000700230055-9 Approved For Release 2002/01/10: CIA-RDP76M00527R000700230055-9 NATIONAL SECURITY INFORMATION OR MATERIAL PERIOD ENDING (Day, Month. Yen,) Vo rrco er tDepanmrat a. geeuy/ PaeE -1 MANDATORY DECLASSIFICATION REVIEW REQUESTS / OP _ ~`' R E 0 U E S T S REVIEW, COORDINATI CtV PROCEDURAL DEPARTMENTAL ACTION APPEAL TO DEPARTMENTAL CIXvMI TTEE FEES AND REFERRAL DENIAL CHARGED w1 O CU w 5 G W O? ~ 3 v^ ~ UV 2 ~ h ~ W 2z O ~ti Z e ) u ? G r 3. NAME DATE MATERIAL do OUTSIDE a 4 y.a Q4 > " ESra oa LE R SNEp oestor) . : e q -to') (R REQUESTED a C p a W j y L F Y .: U. 4 DEPARTMENT W~ O` ~~ w 2 ?~C 2 U = SCHEDULES ? o y ? _ U , , ~ ~ e, p ? 2 ~_, Q uz ? a }w a ?o ? ' ? F w g`u 2' W o o I , 4 ? ri::: ( n t Jm U D If K U O o p`a 3m '~ (Show SEA!tCx REPRO. IJ) organirationsJ t) i/) i/1 (J} fDate) (Date) e)IV) (Date) te) (Duce) cows COSTS t?I K y x ~> u TOTAL I - OF NEWI + ! ITEMS 3~ f s ~ Y) N~ Y h 6 t "~ @ NO. OF CARRY. RY - OVER Y?' f ITEMS:': :,a. N c r s. .:',~? GRAND, ;,~' s `s z s a` R = 3 tt A TOTAL : - A :`w e~dkF,+r fi ~' , ~. F ?e. n A~' .5 E > ,.5 `x w Y RR S ~`7>!2 . i ~~b A ~~ S 7 R .~, R ~ F ~ ~ ,:.'.