CHAPTER III--PRESIDENTIAL DOCUMENTS, ETC. DIRECTIVE OF MAY 17, 1972 * NATIONAL SECURITY COUNCIL DIRECTIVE GOVERNING THE CLASSIFICATION AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION

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CIA-RDP78M02660R000300010025-8
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RIFPUB
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K
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23
Document Creation Date: 
December 16, 2016
Document Release Date: 
October 4, 2004
Sequence Number: 
25
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Publication Date: 
May 17, 1972
Content Type: 
REGULATION
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Attachment A Approved For Release 2004/10/12 : CIA-RDP78MO266OR000300010025-8 Chapter 111--Pre5?_deatial Documents, etc. DIRECTIVE OF MAY 17, 1972 I ational. 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 impic-- 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 he reft.eted thereon together with the identity of the classifier. C. Identifcatior. of Classifier. The person at the highest level. authoriz- ing the classification must be identified on the face of the.inforzration 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 Requirenzer.t. Each Department listed in Section 2(A) of the Order shall maintain a listing by name of the o cials who have beer. designated in writing to have Top Secret classification authority. Approved For Release 2004/10/12 : CIA-RDP78M.0266OR000300010025-8 Approved For Release 2004/10/12: CIA-RDP78M02660R000300010025-8 1 Titta 3A--The Przsidant, Appendix Each Department listed in Section 2 (A) and (B) of the Order shall also maintain separate listings by name of the persons designated in writing to have Secret authority and persons designated in writing to have Con- fidential authority. In cases where 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 appropriate, or as to whether the material should be classified at all, he should designate the less re- strictive treatment. II DOWNGRADING AND DECLASSIFICATION 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 exetpt 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 ar- in acordarice with the foregoing, whether scheduled or non-scheduled, shall to the extent possible be carried forward and applied wherever the classified information or material is incorporated in other documents or material. B. Extrac's and Gorr i~l ors. When classified information or inate- Iial fro rh more than one source is incorporate l into a new document Cr Approved For Release 2004/10/12 : CIA-RDP78MO266OR000300010025-8 Approved For Release 2004110/12 : CIA-RDP78MO266OR000300010025-8 Chapter III__Pres:denda1 Docurr.=.^-ts, etc. other material, the document or other material shall be classified, do,vn- . 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 con inued classification; and (2) develop a list for submission to the head of the Department_ which i_denti fies the materials so separated, with recommendations concerning con- tinued classification. The head of the originating Department will then make the determination required under Section 5(E) of the Order and cause a list to be created which identifies the documentation included in the determination, indicates the reason for continued classification and specifies the date on which such material shall. be declassified. - E. Notification of Expedited Downgrading or Declassification. When classified information or material is downgraded or declassified; in a manner other than originally specified, whether scheduled. or exetn ted, the classifier shall, to the extent practicable, promptly notify all address- ees to whom the information or material tva originally o`ncial*iy trans- mitted. In turn, the addressees shall notify any other known recipient of the classified information or material. III REvIEw OF CLASSIFIED MATERIAL FO? DECL.:\S_s'FIC~IT:O`: PURPOSES Systematic nenrews. r,:l information _..Id material ck usihed after the effective T date of the Order and detcrinn.'d in acccr:l_: "with Chha-n- ter 21, 4`_ U.S.C. (82 Stat. ' 287) to ')C' O =lire ical or other value to w v escrvaticil. `1: !11)_ OD t? :lit ~ rra^t pr ' Approved For Release 2004/10/12 : CIA-RDP78MO266OR000300010025-8 Approved For Release 2004/10/12 : CIA-RDP78MO266OR000300010025-8 Title 3A--The President, Appendix basis by each Department for the purpose of making such information and material publicly available in accordance with the determination regard- ing declassification made by the classifier under Section 5 of the Order. During each calendar year each Department shall segregate to the maxi- mum extent possible all such information and material warranting pres- ervation and becoming declassified at or prior to the end of such year. Promptly after the end of such year the Department responsible, or the Archives of the United States if transferred thereto, shall make the de- classified information and material available to the public to the extent permitted by law. B..Peview for Declassification of Classified Material Over 10 Years Old. Each Department shall designate in its implementing regulations W. 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 Declassi ficat-on. The Depart- it iental Committee shall establish orocedure3 to ree?iety and act ~v It?!i3 3n.) z days upon all applications and zpprais regarding requests for dec!'-'.- siflication. The Departrn apt head. actin t roujl? the Departmental Col - mittee shall authorized to ov r I'llle i r 1Ot15 d t :r Tai '1 ions in ~ti vic tar in Pact in its ~! dgm fit C":'ti[?iteil pi'O[eCtuOli lj I?O to n, er re- Approved For Release 2004/10/12 : CIA-RDP78MO266OR000300010025-8 Approved For Release 2004/10/12 : CIA-RDP78M02660R000300010025-8, Chapter III-Presidential Docu-e__tts, etc. quired. If the Departmental Committee determines that continued clas- sification is required under the criteria of Section 5(B) of t. e Order it shall promptly so notify the requester and advise him that he may appeal the denial to the Interagency Classification Review Committee. D. Review of Classified Material Over 30 Years Old. A request by a member of the public or by a Department under Section 5 (C) or (D) of the Order to review for declassification documents more than 30 years old shall be referred directly 'to the Archivist of the United States, and he shall have the requested documents reviewed for declassification in accordance with Part 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 orij nating Department to show that continued classi- fication is warranted within the terms of the Order. F. Availability of Declassified Alateriel. 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 Section5S2(b) of Title 5 U.S.C. (Freedom of Information Act) or other provision-:of law. G. Classification Review Requests. As required b Section 5 (C) of the Order, a request for classification review must describe..t're document with sufficient particularity to enable the Department to identify it and obtain it with a reasonable amount of e Fort. ':~~I en per a reque is deficient in its description of the record sought, the requester shoruid he .1'S 1? ? f;r.::.~r_ information he< possib e. i:'.,d to provide adUlii:~nal 1d ?.~CIItL~ li..t ~':n