INFORMATION SECURITY OVERSIGHT OFFICE
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP85B00552R001000070022-1
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
42
Document Creation Date:
December 20, 2016
Document Release Date:
July 6, 2007
Sequence Number:
22
Case Number:
Content Type:
REPORT
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CIA-RDP85B00552R001000070022-1.pdf | 1.34 MB |
Body:
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(Billing Code 6820-AF)
APR 2 'n',
INFORMATION SECURITY OVERSIGHT OFFICE
32 CFR Part 2001
(Directive No. 1)
National Security Information
AGENCY: Information Security Oversight Office (ISOO)
ACTION: Implementing directive; Final rule.
SUMMARY: The Information Security Oversight Office is
publishing this directive (final rule) pursuant to section
5.2(b)(1) of Executive Order , relating to
national security information. The National Security
Council approved this Directive on 1982. The
Executive order prescribes a uniform information security
system; it also establishes a monitoring system to enhance
its effectiveness. This Directive sets forth guidance to
agencies on original and derivative classification,
downgrading, declassification and safeguarding of national
security information.
EFFECTIVE DATE: August 1, 1982.
FOR FURTHER INFORMATION CONTACT: Steven Garfinkel,
Director, ISOO.
Telephone: 202-633-6880.
SUPPLEMENTARY INFORMATION: This Directive is issued
pursuant to the provisions of section 5.2(b)(1) of
Executive Order . The purpose of the Directive is
to assist in implementing Executive Order , and
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users of the Directive shall refer concurrently to that
Order for guidance.
LIST OF SUBJECTS IN 32 CFR 2001
Archives and records
Authority delegations
Classified information
Executive orders
Freedom of information
Information
Intelligence
National defense
National security information
Presidential documents
Security information
Security measures
Title 32 of the Code of Federal Regulations, Part
2001, is revised to read as follows:
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,Part 2001 -- National Security Information
TABLE OF CONTENTS
Subpart A--Original Classification
Sec.
2001.1 Classification levels.
2001.2 Classification authority.
2001.3 Classification categories.
2001.4 Duration of classification.
2001.5 Identification and markings.
2001.6 Limitations on classification.
Subpart B--Derivative Classification
2001.20 Use of derivative classification.
2001.21 Classification guides.
2001.22 Identification and markings.
Subpart C--Declassification and Downgrading
2001.30 Listing declassification authorities.
2001.31 Systematic review for declassification.
2001.32 Mandatory review for declassification.
2001.33 FOIA and Privacy Act requests.
Subpart D--Safeguarding
2001.40 General.
2001.41 Accountability procedures.
2001-.42 Storage.
2001.43 Transmittal.
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2001.44 Loss or possible compromise.
2001.45 Destruction.
2001.46 Special access programs.
2001.47 Reproduction controls.
2001.48 Emergency planning.
2001.49 Emergency authority.
Subpart E--Implementation and Review
2001.50 Agency regulations.
2001.51 Security education.
Subpart F--General Provisions
2001.60 Definitions.
2001.61 Publication and effective date.
Authority: Section 5.2(b)(1), E.O.
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Subpart A--Original Classification
2001.1 Classification levels.
(a) Limitations [1.1(b)]*. Markings other than "Top
Secret," "Secret," and "Confidential," such as "For
Official Use Only" or "Limited Official Use," shall not be
used to identify national security information. In
addition, no other term or phrase shall be used in
conjunction with one of the three authorized
classification levels, such as "Secret Sensitive" or
"Agency Confidential."
(b) Reasonable doubt [1.1(c)]. When there is reasonable
doubt about the need to classify information, the
originator of the information shall safeguard it as if it
were "Confidential" information in accordance with Subpart
D, pending the determination about its classification.
When there is reasonable doubt about the appropriate
classification level, the originator of the information
shall safeguard it at the higher level in accordance with
Subpart D, pending the determination of its classification
*Bracketed references are to related sections of Executive
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level. Upon the determination of classification or level
of classification, the information that is classified
shall be marked as provided in ?2001.5.
2001.2 Classification authority.
(a) General [1.21. The exercise of classification and
declassification authority inherently includes the
consideration of the public interest served by protection
or disclosure.
(b) Requests for original classification authority
[1.2]. The head of an executive branch entity who has not
been delegated original classification authority by the
President may submit a request for such authority to the
President through the Information Security Oversight
Office. The request shall provide a complete
justification for the level.of classification authority
sought, including a description of the information that
will require original classification and the anticipated
frequency of original classification actions.
(c) Listing classification authorities [1.2]. Any
official who delegates original classification authority
shall maintain a current listing of persons or positions
receiving those delegations. If possible, these listings
shall be unclassified.
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(d) Exceptional cases [1.2(e)]. Information described in
section 1.2(e) of Executive Order (hereinafter "the
Order"), shall be handled as provided in ?2001.1(b).
2001.3 Classification categories.
(a) Foreign government information (FGI)[1.3(a)(3)]. FGI
need not fall within any other classification category
listed in section 1.3(a) of the Order to be classified.
(b) Classification in context of related information
[1.3(b)]? Certain information which would otherwise be
unclassified may require classification when combined or
associated with other unclassified information.
Classification on this basis shall be fully supported by a
written explanation to be maintained with the record copy
of the information.
(c) Unofficial publication or disclosure [1.3(d)].
Following an inadvertent or unauthorized publication or
disclosure of information identical or similar to
information that has been classified in accordance with
the Order, the agency of primary interest shall determine
the degree of damage to the national security, the need
for continued classification, and what action must be
taken to prevent similar occurrences.
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2001.4 Duration of classification.
(a) Information not marked for declassification [1.4].
Information classified under predecessor Orders that does
not bear a specific date or event for declassification
shall remain classified until reviewed for
declassification.
(b) Automatic declassification determinations [1.4(b)].
The authority to extend the classification of information
subject to automatic declassification under predecessor
Orders is limited to those officials designated in writing
to have original classification authority at the level of
the information to remain classified. Any decision to
extend this classification on other than a document-by-
document basis shall be reported to the Director of the
Information Security Oversight Office.
2001.5 Identification and markings [1.5(a), 1.5(b) and
1.5(c)]? A uniform system requires that standard markings
be applied to national security information. Except in
extraordinary circumstances as provided in section 1.5(a)
of the Order, or as indicated herein, the marking of paper
documents shall not deviate from the following prescribed
formats. These markings shall also be affixed to media
other than paper documents, or the originator shall
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provide holders or recipients of the information with
written instructions for protecting the information.
(a) Classification level. As markings, the
classification levels "Top Secret," "Secret," and
"Confidential" shall be used to indicate: (1) that
information requires protection as national security
information under the Order; (2) the highest level of
classification contained in a document; and (3) the
classification level of each page and portion of a
document.
(1) Overall marking. The highest level of classification
of information in a document shall be marked in bold
letters at the top and bottom of the outside of the front
cover (if any), on the title page (if any), on the first
page, and on the outside of the back cover (if any).
(2) Page marking. Each interior page of a classified
document shall be marked at the top and bottom either
according to the highest classification of the content of
the page, including the designation "UNCLASSIFIED" when it
is applicable, or with the highest overall classification
of the document.
(3) Portion marking. An authorized official may waive
the portion marking requirement for specified classes of
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documents or information only upon a written determination
that: (i) there will be minimal circulation of the
specified documents or information and minimal potential
usage of these documents or information as a source for
derivative classification determinations; or (ii) there is
some other basis to conclude that the potential benefits
of portion marking are clearly outweighed by the increased
administrative burdens. Unless the portion marking
requirement has been waived as authorized, each portion of
a document, including subjects and titles, shall be marked
by placing a parenthetical designation immediately
preceding or following the text to which it applies. The
symbols "(TS)" for Top Secret, "(S)" for Secret, "(C)" for
Confidential, and "(U)" for unclassified shall be used for
this purpose. If the application of parenthetical
designations is not practicable, the document shall
contain a statement sufficient to identify the information
that is classified and the level of such classification.
If all portions of a document are classified at the same
level, this fact may be indicated by a statement to that
effect. If a subject or title requires classification, an
unclassified identifier shall be assigned to facilitate
reference. A subject or title lacking a parenthetical
designator shall be presumed to be unclassified.
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(b) Classification authority. If the original classifier
is other than the signer or approver of the document, the
identity shall be shown as follows:
"CLASSIFIED BY (name, position, or other identifier)"
(c) Agency and office of origin. If the originating
agency and office is not identified by the letterhead,
logo or other means, it shall be placed below the
"CLASSIFIED BY" line.
(d) Declassification and downgrading instructions.
Declassification and downgrading instructions shall be
shown as follows:
(1) For information to be declassified automatically on a
specific date:
"DECLASSIFY ON: (date)"
(2) for information to be declassified automatically upon
occurrence of a specific event:
"DECLASSIFY ON: (description of event)"
(3) for information not to be automatically declassified:
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AGENCY'S DETERMINATION REQUIRED or 'OADR "'
(4) for information to be downgraded automatically on a
specific date or upon occurrence of a specific event:
"DOWNGRADE TO (classification level)
ON (date or description of event)"
(e) Special markings.
(1) Transmittal documents [1.5(c)]. A document shall
indicate on its face the highest classification of any
information transmitted by it. It shall also include the
following or similar instruction:
(i) For an unclassified transmittal document:
"UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE IS REMOVED"
(ii) for a classified transmittal document:
"UPON REMOVAL OF ATTACHMENTS THIS DOCUMENT IS
(classification level of the transmittal letter standing
alone)"
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(2) Restricted Data or Formerly Restricted Data
[6.2(a)]. Documents containing both national security
information and Restricted Data or Formerly Restricted
Data shall include markings prescribed in regulations
issued by the Secretary of Energy under the Atomic Energy
Act of 1954, as amended.
(3) Intelligence sources and methods [1.5(c)]. Documents
that contain information relating to intelligence sources
and methods shall include the following marking:
(4) Foreign government information (FGI) [1.5(c)].
Documents that contain FGI shall include the following
marking:
If the fact of foreign origin must be concealed, the
marking shall not be used and the document shall be marked
as if it were wholly of U.S. origin.
(5) Electrically transmitted information (messages)
[1.5(c)]. National security information that is
transmitted electrically shall be marked as follows:
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(i) The highest level of classification shall appear
before the first line of text;
(ii) a "CLASSIFIED BY" line is not required;
(iii) the duration of classification shall appear as
(A) For information to be declassified automatically on a
specific date:
"DECL: (date)"
(B) for information to be declassified upon occurrence of
a specific event:
"DECL: (description of event)"
(C) for information not to be automatically declassified
which requires the originating agency's determination (see
also ?2001.5(d)(3)):
(D) for information to be automatically downgraded:
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"DNG (abbreviation of classification
level to which the information is to
be downgraded and date or description of
event on which downgrading is to occur)"
(iv) portion marking shall be as prescribed in
?2001.5(a)(3);
(v) special markings shall follow the marking for highest
level of classification. These include:
(A) Restricted Data or Formerly Restricted Data:
"RD" for Restricted Data
"FRD" for Formerly Restricted Data
(B) information concerning intelligence sources and
"WNINTEL"
(C) foreign government information:
"FGI It
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If the fact of foreign origin must be concealed, the
marking shall not be used and the message shall be marked
as if it were wholly of U.S. origin.
(vi) Agency prescribed markings [1.5(c) and 5.3(c)].
Officials delegated original classification authority by
the President may prescribe additional markings to control
reproduction and dissemination, including markings
required for special access programs authorized by section
4.2(a) of the Order.
(f) Changes in classification markings [4.1(b)]. When a
change is made in the level or the duration of originally
classified information, all holders should be promptly
notified. Holders shall alter the markings to conform to
the change, citing the authority for it. If the remarking
of large quantities of information is unduly burdensome,
the holder may attach a change of classification notice to
the storage unit in lieu of the marking action otherwise
required. Items withdrawn from the collection for
purposes other than transfer for storage shall be marked
promptly in accordance with the change notice.
2001.6 Limitations on classification [1.6(c)].
Before reclassifying information as provided in section
1.6(c) of the Order, the authorized official shall
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consider the following factors, which shall be addressed
in the report to the Director of the Information Security
Oversight Office required by section 1.6(c) of the Order:
(a) The elapsed time following disclosure;
(b) the nature and extent of disclosure;
(c) the ability to bring the fact of reclassification to
the attention of personnel to whom the information was
disclosed;
(d) the ability to prevent further disclosure; and
(e) the ability to retrieve the information voluntarily
from persons not authorized access in its reclassified
Subpart B--Derivative Classification
2001.20 Use of derivative classification [2.1]. The
application of derivative classification markings is a
responsibility of those who incorporate, paraphrase,
restate, or generate in new form information that is
already classified, and of those who apply markings in
accordance with instructions from an authorized original
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classifier or in accordance with an authorized
classification guide. If a person who applies derivative
classification markings believes, that the paraphrasing,
restating, or summarizing of classified information has
changed the level of or removed the basis for
classification, that person must consult an appropriate
official of the originating agency or entity who has the
authority to declassify, downgrade or upgrade the
information.
2001.21 Classification guides.
(a) General [2.2(a)]. Classification guides shall, at a
(1) Identify and categorize the elements of information
to be protected;
(2) state which classification level applies to each
element of information; and
(3) prescribe declassification instructions for each
element of information in terms of (i) a period of time,
(ii) the occurrence of an event, or (iii) a notation that
the information shall not be automatically declassified
without the approval of the originating agency.
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(b) Requirement for review [2.2(a)]. Classification
guides shall be reviewed and updated at least every two
years. Each agency shall maintain a list of its
classification guides in current use.
(c) Waivers [2.2(c)]. An authorized official's decision
to waive the requirement to issue classification guides
for specific classes of documents or information should be
based, at a minimum, on an evaluation of the following
factors:
(1) The ability to segregate and describe the elements of
information;
(2) the practicality of producing and disseminating the
guide because of the sensitive nature of the information;
(3) the anticipated usage of the guide as a basis for
derivative classification; and
(4) the availability of alternative sources for
derivatively classifying the information in a uniform
manner.
2001.22 Identification and markings [1.5(c) and
2.1(b)]. Documents classified derivatively on the basis
of source documents or classification guides shall bear
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all markings prescribed in ?2001.5(a) through (d) and such
markings prescribed by ?2001.5(e) as are applicable.
Information for these markings shall be taken from the
source document or instructions in the appropriate
classification guide. When markings are omitted because
they may reveal a confidential source or relationship not
otherwise evident, as described in section 1.5(a) of the
Order, the information may not be used as a basis for
derivative classification.
(a) The authority for classification shall be shown as
"CLASSIFIED BY (description of source
document or classification guide)"
If a document is classified on the basis of more than one
source document or classification guide, the authority for
classification shall be shown as follows:
In these cases the derivative classifier shall maintain
the identification of each source with the 1file or record
copy of the derivatively classified document. A document
derivatively classified on the basis of a source document
that is marked "CLASSIFIED BY MULTIPLE SOURCES" shall cite
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(b) Dates or events for automatic declassification, or
the notation "ORIGINATING AGENCY'S DETERMINATION REQUIRED"
to indicate that the document is not to be automatically
declassified, shall be carried forward from the source
document, or as directed by a classification guide, and
shown on a "DECLASSIFY ON" line as follows:
"DECLASSIFY ON: (date, description of
event, or 'ORIGINATING AGENCY'S DETERMINATION REQUIRED'
(OADR))"
Subpart C--Declassification and Downgrading
2001.30 Listing declassification authorities [3.1(b)].
Officials authorized to delegate declassification
authority shall maintain a current listing of persons or
positions receiving those delegations. If possible, these
listings shall be unclassified.
2001.31 Systematic review for declassification [3.3].
(a) Permanent records. Systematic review is required
only on classified records, and presidential papers or
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records that the the Archivist of the United States,
acting under the Federal Records Act, has determined to be
of sufficient historical or other value to warrant
preservation.
(b) Non-permanent records. Unless they are subject to an
ongoing Mandatory Review or Freedom of Information Act
request, non-permanent classified records shall be
disposed of in accordance with schedules approved by the
Administrator of General Services under the Records
Disposal Act.
(c) Responsibilities.
(1) In meeting responsibilities assigned by section
3.3(a) of the Order, the Archivist shall:
(i) Establish procedures, in consultation with the
Director of the Information Security Oversight Office, for
the systematic declassification review of permanent
records, and presidential papers or records accessioned
into the National Archives;
(ii) conduct systematic declassification reviews in
accordance with guidelines provided by the head of the
agency that originated the information or, with respect to
foreign government information, in accordance with
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guidelines provided by the Director of the Information
Security Oversight Office; or, with respect to
presidential information, in accordance with guidelines
developed by the Archivist;
(iii) conduct systematic declassification reviews of
accessioned records, and presidential papers or records as
they become 30 years old, except for information
concerning intelligence activities (including special
activities), sources or methods created after 1945, and
information concerning cryptology created after 1945;'
(iv) review for declassification accessioned records, and
presidential papers or records concerning intelligence
activities (including special activities), sources or
methods created after 1945 and cryptology records created
after 1945 as they become fifty years old;
(v) establish systematic review priorities for
accessioned records, and presidential papers or records
based on the degree of researcher interest and the
potential for declassifying a significant portion of the
information;
(vi) review for declassification, with the concurrence of
the originating agency, accessioned records, and
presidential papers or records, prior to the timeframes
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established in paragraphs (c)(l)(iii) and (iv) of this
section;
(vii) re-review for declassification accessioned records,
and presidential papers or records upon the determination
that the followup review will be productive, both in-terms
of researcher interest and the potential for declassifying
a significant portion of the information.
(2) Officials delegated original classification authority
by the President under this or predecessor Orders shall:
(i) Within six months of the effective date of this Order
issue declassification guidelines, in consultation with
the Archivist and the Director of the Information Security
Oversight Office, to assist the Archivist in the conduct
of systematic reviews;
(ii) make every reasonable effort, consistent with
applicable law, to have accessioned into the National
Archives all permanently valuable classified records at
the time they become subject to systematic review by the
Archivist;
(iii) designate experienced personnel to assist the
Archivist in the systematic review process;
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(iv) review and update systematic review guidelines at
least every five years unless earlier review is requested
by the Archivist.
(3) Within six months of the effective date of this Order
the Director of the Information Security Oversight Office
shall issue, in consultation with the Archivist and the
heads of concerned agencies, systematic review guidelines
for foreign government information. The Secretary of
State shall assist the Director as may be necessary in
coordinating these guidelines with foreign governments.
The Director shall review and update these guidelines
every five years unless earlier review is requested by the
Archivist.
(d) Special procedures. All agency heads shall be bound
by the special procedures for systematic review of
classified cryptologic records and classified records
pertaining to intelligence activities (including special
activities), sources or methods issued by the Secretary of
Defense and the Director of Central Intelligence,
respectively.
2001.32 Mandatory review for declassification [3.4].
(a) U.S. originated information.
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(1) Each agency head shall publish in the Federal
Register the identity of a person or office to which
mandatory declassification review requests may be
addressed.
(2) Processing.
(i) Requests for classified records in the custody of the
originating agency. A valid mandatory review request need
not identify the requested information by date or title of
the responsive records, but must be of sufficient
particularity to allow agency personnel to locate the
records containing the information sought with a
reasonable amount of effort. Agency responses to
mandatory review requests shall be governed by the amount
of search and review time required to process the
request. For those requests requiring less than eight
hours of search and review time, agencies shall notify the
requester of their declassification determinations within
10 working days from receipt of the request. For requests
requiring more than eight hours of search and review time,
agencies shall either make a prompt declassification
determination and notify the requester accordingly, or
inform the requester of the additional time needed to
process the request. In no case shall the agency response
time for a final determination exceed one year from the
date of receipt of the initial request. When information
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cannot be declassified in its entirety, agencies will make
reasonable efforts to release those declassified portions
of the requested information that constitute a coherent
segment. Upon the denial of an initial request, the
agency shall also notify the requester of the right of an
administrative appeal which must be filed within 60 days
of receipt of the denial.
(ii) Requests for classified records in the custody of an
agency other than the originating agency. When an agency
receives a mandatory declassification review request for
records in its possession originated by another agency, it
shall forward the request to that agency. If practicable,
the forwarding agency shall include a copy of the records
requested together with its recommendations for action.
Upon receipt, the originating agency shall process the
request in accordance with ?2001.32(a)(2)(i).
(iii) Appeals of denials of mandatory declassification
review requests. The agency appellate authority shall
normally make a determination within 30 working days
following the receipt of an appeal. If additional time is
required to make a determination, the agency appellate
authority shall notify the requester of the additional
time needed and provide the requester with the reason for
the extension. In no case shall the agency response time
for a final determination exceed six months from the date
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of receipt of the appeal. The agency appellate authority
shall notify the requester in writing of the final
determination and of the reasons for any denial.
(b) Foreign government information. Except as provided
in this paragraph, agency heads shall process mandatory
review requests for classified records containing foreign
government information in accordance with ?2001.32(a).
The agency that initially received or classified the
foreign government information shall be responsible for
making a declassification determination after consultation
with concerned agencies. If the agency receiving the
request is not the agency that received or classified the
foreign government information, it shall refer the request
to the appropriate agency for action. Consultation with
the foreign originator through appropriate channels may be
necessary prior to final action on the request.
(c) Fees. In responding to mandatory review requests for
classified records, agency heads may charge fees in
accordance with section 483a of title 31, United States
Code. The schedules of fees published in the Federal
Register by agencies in implementation of Executive Order
12065 shall remain in effect until they are revised.
2001.33 FOIA and Privacy Act requests (3.4]. Agency
heads shall process requests for declassification that are
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submitted under the provisions of the Freedom of
Information Act, as amended, or the Privacy Act of 1974,
in accordance with the provisions of those Acts.
Subpart D--Safeguarding
2001.40 General [4.1]. Information classified pursuant
to this Order or predecessor Orders shall be afforded a
level of protection against unauthorized disclosure
commensurate with its level of classification. An agency
head may delegate the authority prescribed in this Subpart
to the senior agency official delegated responsibility for
the program under section 5.3(a) of the Order.
2001.41 Accountability procedures (4.1(b)].
(a) Top Secret. Top Secret control officials shall be
designated to receive, transmit, and maintain current
access and accountability records for Top Secret
information. An inventory of Top Secret documents shall
be made at least annually. Agency heads may waive the
requirement for an annual inventory of storage systems
containing large volumes of Top Secret information upon a
determination that the safeguarding of this information is
not jeopardized by the inventory waiver. Waivers shall be
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in writing and be available for review by the Information
Security Oversight Office.
(b) Secret and Confidential. Agency heads shall
prescribe the accountability requirements for Secret and
Confidential information.
2001.42 Storage [4.1(b)]. Classified information shall
be stored only in facilities or under conditions designed
to prevent unauthorized persons from gaining access to it.
(a) Top Secret. Top Secret information shall be stored
in a GSA-approved security container with an approved,
built-in, three-position, dial-type combination lock; in a
vault protected by an alarm system and response force; or
in other types of storage facilities that meet the
standards for Top Secret established under the provisions
of ?2001.42(c). In addition, heads of agencies shall
prescribe supplementary controls to restrict unauthorized
access to areas in which such information is stored.
(b) Secret and Confidential. Secret and Confidential
information shall be stored in a manner and under the
conditions prescribed for Top Secret information, or in a
container, vault, or alarmed area that meets the standards
for Secret or Confidential as prescribed in ?2001.42(c) or
(d).
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(c) Standards for security equipment. The Administrator
of General Services shall, in coordination with agencies
originating classified information, establish and publish
uniform standards, specifications, and supply schedules
for containers, vaults, alarm systems, and associated
security devices suitable for the storage and protection
of all levels of classified information. Any agency may
establish more stringent standards for its own use.
Whenever new security equipment is procured, it shall be
in conformance with the standards and specifications
referred to above and shall, to the maximum extent
practicable, be of the type available through the Federal
Supply System.
(d) Exception to standards for security equipment.
(1) Secret and Confidential information may also be
stored in a safe-type filing cabinet having a built-in,
three-position, dial-type combination lock, or a steel
filing cabinet equipped with a steel lock bar secured by a
GSA-approved three-position combination padlock. The
storage of Secret information in the cabinets described
above requires the use of such supplementary controls as
the head of the agency deems necessary.
(2) Access to bulky Secret and Confidential material in
weapons storage areas, strong rooms, closed areas or
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similar facilities shall be controlled in accordance with
requirements established by the appropriate agency head.
At a minimum, such requirements shall prescribe the use of
key-operated, high-security padlocks approved by the
General Services Administration.
(e) Combinations.
(1) Equipment in service. Combinations to dial-type
locks shall be changed only by persons having an
.appropriate security clearance, and shall be changed
whenever such equipment is placed in use; whenever a
person knowing the combination no longer requires access
to it; whenever a combination has been subjected to
possible compromise; whenever the equipment is taken out
of service; or 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
level of classified information that is protected by the
lock.
(2) Equipment out of service. When security equipment is
taken out of service it shall be inspected to ensure that
no classified information remains, and the built-in
combination lock shall be reset to the standard
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combination 50-25-50. Combination padlocks shall be reset
(f) Keys. Heads of agencies shall establish
administrative procedures for the control and
accountability of keys and locks whenever key-operated,
high-security padlocks are utilized. The level of
protection provided such keys shall be equivalent to that
afforded the classified information being protected by the
padlock.
(g) Responsibilities of custodians. Persons.-charged with
the custody of classified information are responsible for
protecting it from persons not authorized access to it, to
include securing it in approved equipment or facilities
whenever it is not in use or under the direct supervision
of authorized persons. They are also responsible for
meeting accountability requirements prescribed by the head
of the agency.
(h) Hand carrying of classified information. Agency
regulations shall prescribe procedures and appropriate
restrictions concerning the escort or hand carrying of
classified information, including the hand carrying of
classified information on commercial carriers.
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(i) Inspections. Agency heads shall require periodic
inspections to be made to ensure compliance with the
provisions of this Order and ISOO Directives. Persons
charged with the custody of classified information shall
conduct the necessary inspections within their areas to
ensure compliance with procedures prescribed to protect
classified information.
2001.43 Transmittal [4.1(b)].
(a) Preparation and receipting. Classified information
to be transmitted shall be enclosed in opaque inner and
outer covers. The inner cover shall be a sealed wrapper
or envelope plainly marked with the assigned
classification and addresses of both sender and
addressee. The outer cover shall be sealed and addressed
with no identification of the classification of its
contents. A receipt shall be attached to or enclosed in
the inner cover, except that Confidential information
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 immediately signed by
the recipient and returned to the sender. Any of these
wrapping and receipting requirements may be waived by
agency heads if conditions provide equivalent protection
to prevent access by unauthorized persons.
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(b) Transmittal of Top Secret. The transmittal of Top
Secret information shall be by specifically designated
personnel authorized in writing, by State Department
diplomatic pouch, by a messenger-courier system authorized
for this purpose, or over authorized secure communications
circuits.
(c) Transmittal of Secret. The transmittal of Secret
material shall be effected in the following manner:
(1) The 50 states, District of Columbia, and Puerto
Rico. Secret information may be transmitted within and
between the 50 States, District of Columbia, and the
Commonwealth of Puerto Rico by one of the means authorized
for Top Secret information, by the U.S. Postal Service
registered mail, or by protective services provided by
U.S. air or surface commercial carriers under such
conditions as may be prescribed by the head of the agency
concerned.
(2) Canadian government installations. Secret
information may be transmitted to and between United
States Government and Canadian Government installations in
the United States and Canada by United States and Canadian
registered mail with registered mail receipt.
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(3) Other areas. Secret information may be transmitted
from, to, or within areas other than those specified in
?2001.43(c)(1) or (2) by one of the means established for
Top Secret information, or by U.S. registered mail through
Army, Navy, or Air Force Postal Service facilities
provided that the information does not at any time pass
out of U.S. citizen control and does not pass through a
foreign postal system. Transmittal outside such areas may
also be accomplished under escort of appropriately cleared
personnel aboard U.S. Government and U.S. Government
contract vehicles or aircraft, ships of the United States
Navy, civil service manned U.S. Naval ships, and ships of
U.S. Registry. Operators of vehicles, captains or masters
of vessels, and pilots of aircraft who are U.S. citizens
and who are appropriately cleared may be designated as
escorts.
(d) Transmittal of Confidential information.
Confidential information shall be transmitted within and
between the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and U.S. territories or
possessions by one of the means established for higher
classifications, or by the U.S. Postal Service certified,
first class, or express mail service when prescribed by an
agency head. Outside these areas, Confidential
information shall be transmitted only as is authorized for
higher classifications.
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2001.44 Loss or possible compromise [4.1(b)]. Any person
who has knowledge of the loss or possible compromise of
classified information shall immediately report the
circumstances to an official designated for this purpose
by the person's agency or organization. The agency that
originated the information shall be notified of the loss
or possible compromise so that a damage assessment may be
conducted and appropriate measures taken to negate or
minimize any adverse effect of the compromise. The agency
under whose cognizance the loss or possible compromise
occurred shall initiate an inquiry to (a) determine cause,
(b) place responsibility, and (c) take corrective measures
and appropriate administrative, disciplinary, or legal
action.
2001.45 Disposition and destruction [4.1(b)]. Classified
information no longer needed in current working files or
for reference or record purposes shall be processed for
appropriate disposition in accordance with the provisions
of chapters 21 and 33 of title 44, United States Code,
which govern disposition of Federal records. Classified
information approved for destruction shall be destroyed in
accordance with procedures and methods prescribed by the
head of the agency. The method of destruction must
preclude reconstruction of the classified information or
material.
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2001.46 Special access programs [4.2(a)]. Agency heads
designated pursuant to section 1.2(a) of the Order may
create or continue a special access program if:
(a) Normal management and safeguarding procedures do not
limit access sufficiently; and
(b) the number of persons with access will be limited to
the minimum necessary to meet the objective of providing
extra protection for the information.
2001.47 Reproduction controls [4.1(b)].
(a) Top Secret documents shall not be reproduced without
the consent of the originating agency.
(b) Unless restricted by the originating agency, Secret
and Confidential documents may be reproduced to the extent
required by operational needs.
(c) Reproduced copies of classified documents shall be
subject to the same accountability and controls as the
original documents.
(d) Paragraphs (a) and (b) of this section shall not
restrict the reproduction of documents to facilitate
review for declassification.
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2001.48 Emergency planning [4.1(b)]. Agency heads shall
develop plans for the protection, removal, or destruction
of classified material in case of fire, natural disaster,
civil disturbance, or enemy action. These plans shall
include classified information located in foreign
countries.
2001.49 Emergency authority [4.1(b)]. Those officials
delegated original classification authority by the
President may prescribe by regulation special provisions
for the dissemination, transmittal, destruction, and
safeguarding of national security information during
combat or other emergency situations which pose an
imminent threat to the national security.
Subpart E--Implementation and Review
2001.50 Agency regulations [5.3(b)]. Each head of an
agency shall issue regulations in accordance with 5 U.S.C.
552(a) to implement the Order and 32 CFR Part 2001 no
later than December 31, 1982. Those portions that affect
members of the public shall include, at a minimum,
information relating to the agency's mandatory review
program and instructions for submitting suggestions or
complaints regarding the agency's information security
program.
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2001.51 Security education [5.3(a)]. Each agency or
other entity that creates or handles national security
information is required under the Order to establish a
security education program. The program established shall
be sufficient to familiarize all necessary personnel with
the provisions of the Order and its implementing
directives and regulations and to impress upon them their
individual security responsibilities. The program shall
also provide for initial, refresher, and termination
briefings.
Subpart F--General Provisions
2001.60 Definitions [6.1].
(a) Original classification authority: The authority
vested in an executive branch official to make an initial
determination that information requires protection against
unauthorized disclosure in the interest of national
security.
(b) Classification guide: A document issued by an
authorized original classifier that prescribes the
appropriate level and duration of classification of
specified information to be classified derivatively.
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(c) Originating agency: The agency or other entity
responsible for the initial determination that particular
information is classified.
(d) Multiple sources: The term used to indicate that a
document is derivatively classified when it contains
classified information derived from more than one
previously classified document.
(e) Portion: A segment of a document for purposes of
expressing a unified theme; ordinarily a paragraph.
(f) Special access program: Any program imposing "need-
to-know" or access controls beyond those normally provided
for access to Confidential, Secret, or Top Secret
information. Such a program includes, but is not limited
to, special clearance, adjudication, or investigative
requirements, special designations of officials authorized
to determine "need-to-know," or special lists of persons
determined to have a "need-to-know."
(g) Intelligence activity: An activity that an agency
within the Intelligence Conmunity is authorized to conduct
pursuant to Executive Order 12333.
(h) Special intelligence activity: An activity conducted
in support of national foreign objectives abroad which is
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planned and executed so that the role of the United States
Government is not apparent or acknowledged publicly, and
functions in support of such activity, but which is not
intended to influence United States political processes,
public opinion, policies, or media and does not include
diplomatic activities or the collection and production of
intelligence or related support functions.
(i) Unauthorized disclosure: A communication or physical
transfer of classified information to an unauthorized
recipient.
2001.61 Publication and effective date [6.2(f)]. Part
2001 shall be published in the Federal Register. It;shall
become effective August 1, 1982.
Steven Garfinkel
Director, Information
Security Oversight Office
, 1982
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