FEDERAL REGISTER INTERAGENCY CLASSIFICATION REVIEW COMMITTEE

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP87B01034R000200070008-9
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RIFPUB
Original Classification: 
K
Document Page Count: 
7
Document Creation Date: 
December 16, 2016
Document Release Date: 
August 10, 2005
Sequence Number: 
8
Case Number: 
Publication Date: 
October 5, 1978
Content Type: 
REGULATION
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ApprovedF3elease 200.5%081 1: 80TFQ6b0$0017 PART V INTERAGENCY CLASSIFICATION REVIEW COMMITTEE INFORMATION SECURITY OVERSIGHT OFFICE National Security Information Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070008-9 [6826-271 Title 32--National ApprovecFF teftL"2M Y/(f ff'g'roC DF,4J034AU"6O7'001A&S"t the Defense D Classification Guides. darw:~ csts (1-302 and 1-303). CHAPTER XX-INTERAGENCY CLAS- SIFICATION REVIEW COMMITTEE (Directive No. 1] INFORMATION SECURITY OVERSIGHT OFFICE National Security Information AGENCY: Interagency Classification Review Committee (ICRC). ACTION: Implementing directive. SUMMARY: The Interagency Classifi- cation Review Committee is publishing this directive to implement Executive Order 12065, relating to the classifica- tion, downgrading, declassification and safeguarding of national security in- formation. This directive was ap- proved by the National Security Coun- cil for publication and issuance on September 29, 1978. The Executive order is intended to Increase openness in Government by limiting classifica- tion and accelerating declassification but at the same time, providing im- proved protection against unauthor- ized disclosure for that information that requires such protection In the interest of national security. This di- rective sets forth guidelines to agen- cies on original and derivative classifi- cation, downgrading, declassification and safeguarding of national security information. EFFECTIVE DATE: 1978. FOR FURTHER INFORMATION CONTACT: Robert W. Wells, Executive Director, ICRC, Telephone: 202-724-1578. SUPPLEMENTARY INFORMATION: This directive is issued pursuant to the provisions of section 6-204 of Execu- tive Order 12065. The purpose of the directive is to assist in the implemen- tation of Executive Order 1.2065, and users of the directive shall refer con- currently to the Executive order for guidance. TABLE Or CONTENTS Section I. Original Classification A Definition. B Classification Authority. C Request, for Classification Authority. D Record Requirements. E Classification Procedure. P Foreign Government Information. G Standard Identification and Markings. H Additional Markings Required. I Abbreviations. Section II. Derivative Classification A Definition. B Responsibility. Section 111. Declassification and Downgrading A Record Requirements. B Declassification Policy. C Systematic Review for Declassification. D Procedures for Mandatory Declassifica- tion Review. Section IV. Safeguarding A General. B General Restrictions on Access. C Access by Historical Researchers and Former Presidential Appointees. D Dissemination. E Accountability Procedures. F Storage. 0 Transmittal. H Loss or Possible Compromise. I Destruction. Section V. Implementation and Review: Challenges to Classification Section VI. General Provisions A Notification. B Posted Notice. C Downgrading. Declassification, and Up- grading Markings. D Combat Operations. E Publication and Effective Date. 1. ORIGINAI. CLASSIFICATION A. Definition. "Original classifica- tion" as used in the order means an Initial determination that information requires protection against unauthor- ized disclosure in the interest of na- tional security, and a designation of the level of classification (1).' B. Classification authority. In the absence of an authorized classifier, anyone designated to act in that per- son's absence may exercise the classi- fier's authority (1-204). C. Request for classification authori. ty. Requests for original classification authority for agencies not listed in sec- tion 1-2 of the order shall be submit- ted to the President through the In- formation Security Oversight Office. Requests shall include: (1) The desig- nation of the officials for whom or po- sitions for which authority is sought, (2) the level of authority requested, and (3) the justification for such re- quests, including a description of the type of information that Is anticipated to require original classification (1-2). D. Record requirements. Agencies and officials granted original classifi- cation authority pursuant to section 1- 2 of the order shall maintain a current listing, by classification designation, of individuals to whom or positions to which original classification authority has been delegated (1-2). E. Classification procedure, Except as provided in section 1-303 of the order, the fact that the information concerns one or more of the qualifying criteria or categories of Information 'Parenthetical references are to related sections of Executive Order 12065. F. Foreign government informa- tion--1. Identification. "Foreiizn gov- ernment information" is: a. Information provided to the United States by a foreign government or international organization of gov- ernments in the expectation, express or implied, that the information is to be kept in confidence: or b. Information produced by the United States pursuant to a written joint arrangement with a foreign gov- ernment or international organization of governments requiring that either the information or the arrangement, or both, be kept in confidence. Such a written joint arrangement may be evi- denced by an exchange of letters, a memorandum of understanding. or other written record (1-303 and 6-103). 2. Duration of classification. Unless the guidelines developed pursuant to section 3-404 of the order or other guidelines prescribe dates or events for declassification or for review for de- classification: a. Foreign government information shall not be assigned a date or event for automatic declassification unless such is specified or agreed to by the foreign government or international organization of governments. b. Foreign government information classified after the effective date of the order shall be assigned a (late for review for declassification up to 30 years from the time the information was classified or acquired. (1-402 and 3-404). G. Standard identification and markings. At the time of original clas- sification, the following shall be shown on the face of paper copies of all classified documents: 1. Identity of classifier. The ideut it y- of the classifier, unless also the signer or approver of the document, shall be shown on a "classified by" line: e.g., "Classified by John Doe" or "Caassi- fled by Director, XXX" (1-501(a)). 2. Date of classification and office of origin. The date and office of origin on a document at the time of its origi- nation may be considered the date of classification and identification of the office of origin (1-501(b)). 3. Date or event for declassification or review. The date for automatic de- classification or for declassification review shall be shown on a -declassify on" or a "review for declassification on" line: e.g,, 'Declassify on 1 Novem- ber 1984," "Declassify on completion of State visit," or "Review for declassi- fication on 1 November 1998" (1- 501cc)). 4. Downgrading markings. When it. is determined (e.g., in a classification guide) that a classified document should be downgraded automatically Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070008-9 Approved For ReleaROR.W98ilajLCAlf2QP87BO1034RO00200070008-9 at, a certain date or upon a certain event; that date or event shall be re- corded on the face of the document: e.g., "Downgraded to Secret on 1 No- vember 1960" or "Downgraded to Con- fidential on 1 December 1985" (1-5). 5. Identity of extension authority. The identity of the official who autho- rizes a date for declassification or for revltN? for declassification that is more than 6 years beyond the date of the document's classification shall be shown on the document, unless that official also is the classifier. Signer, or approver of the document. This mark- ing shall be shown substantially as fol- lows: "Extended by (Insert name or title of position of agency head or Top Secret classification authority)" 0- 502). 6. Reason for extrusion. When classi- fication is extended beyond 6 years, the reason shall be stated on the docu- ment either in narrative form or by reference to an agency regulation that stales the reason for extension to nar- rative form. The reason shall be shown substantially as follows: "Reason for extension: (State reason or applicable reference)" (1-502). 7. Overall and page marking of docu- ntrnls. The overall classification of a document shall be marked, stamped, or affixed permanently 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 out- side of the bark cover (if any). Each interior page of a classified document shall be marked or stamped at the top and bottom either according to the highest classification of the content of the page, including the designation "Unclassified" when appropriate, or according to the highest overall classi- fication of the document. In any case, the classification marking of the page shall not supersede the classification marking of portions of the page marked with lower levels of classifica- tion (1-501(d)). 8. Svb.)ect and titles. Whenever prac- I icable, subjects and titles shall be se- lected so as not to require classifica- iion. When the subject or title is clas- sified, an unclassified identifier may be assigned to facilitate receipting and iv! erence (1-5). 9. Mandatory portion marking. Clas- sifiors shall identify the level of clan:;i- fir?ation of each classified portion of a document (including subjects and titles), and those portions that are not. classified. Portion marking shall be ac- complished by placing a parenthetical designator immediately preceding or follc o w the text that it governs. The symbeLs "(TS)" for top secret, "(S)" for secret, "tC)" for confidential, and "(U)" for untiassiied shall be used for this purpose. It individual portion marking is impracticable, the docu- ment shall contain a description suffi- clent to identify the information that is classified and the'level of such clas- sification. A waiver of the portion marking requirement may be granted by the Director of the Information Se- curity Oversight Office. Requests for such waivers shall be made by the head of an agency or designee to the Director and shall Include: (a) Identifi- cation of the information or classes of documents for which such waiver is sought, (b) a detailed explanation of why, the waiver should be granted, (c) the agency's best judgment as to the anticipated dissemination of the infor- mation or class of documents for which waiver Is sought, and (d) the extent to which the information sub- ject to the waiver may form a basis for classification of other documents (I- 504). 10. Material other than documents. The classification and associated markings prescribed by this directive of documents shall, where practicable, be affixed to material other than doc- uments by stamping, tagging, or other means. If this is not practicable, recipi- ents shall be made aware of the classi- fication and associated markings by notification or other means as pre- scribed by the agency (1-5). 11. Transmittal documents. A trans- mittal document shall indicate on its face the highest classification of the information transmitted by it and the classification. if any, of the transmit- tal document. For example, an unclas- sified transmittal document should bear a notation substantially as fol- lows: "Unclassified When Classified Enclosure Is Detached" (1-5). 12. Marking foreign government in- formation. Except in those cases where such markings would reveal in- telligence information, foreign govern- ment Information Incorporated In United States documents shall, when- ever practicable, be identified in such manner as?to ensure that the foreign government Information Is not declas- sified prematurely or made accessible to nationals of a third country without consent of the originator. Documents classified by a foreign government or an international organization of gov- ermnents shall, if the foreign classifi- calion Is not in English. be marked with the equivalent U.S. classification. Foreign government Information not classified by a foreign government or an international organization of gov- crrunents but provided to the United States in confidence by a foreign gov- ernment or by an international organi- zaLion of governments shall be classi- fied at an appropriate level and shall be marked with the U.S. classification accordingly (1-5). 11. Additional markings required. In addition to the marking requirements in paragraph G. the following mark- ings shall, as appropriate, be displayed prominently on classified Information. When display of these additional markings Is not practicable, their ap- plicability to the Information shall be Included In the written notification of the assigned classification (1-5). 1. Restricted data or formerly re- stricted data. For classified informa- tion containing restricted data or for- merly restricted data as defined in the Atomic Energy Act of 1954, as amend- ed, such markings as may be pre- scribed by the Department of Energy in regulations issued pursuant to the act shall be applied. 2. Intelligence sources and methods Information. For classified informa- tion involving Intelligence sources or methods: "Warning Notice-Intelli- gence Sources and Methods Involved". 3. Dissemination and reproduction notice. For classified information that the originator has determined, pursu- ant to section 1-506 of the order, should be subject to special dissemina- tion or reproduction limitations, or both, a statement placing the user on notice of the restrictions shall be in- cluded in the text of the document or on Its cover sheet; e.g.. "Reproduction requires approval of originator," or "Further dissemination only as direct- ed by (Insert appropriate office or of- ficial)" (1-506). 1. Abbreviations. Classified docu- ments that are transmitted electrically may be marked with abbreviations or codes in a single line to satisfy the re- quirements of each subsection of para- graphs 0 and 11 In a manner consist- ent with economic and efficient use of electrical transmission systems, pro- vided that the full text represented by each such abbreviation or code and its relation to each subsection of para- graphs G and H is readily available to each expected user of the classified documents affected. A. Definition. "Derivative classIfica- tlon" as used in the order means a de- termination that irhformatioh is In sub- stance the same as information that is currently classified, and a designation of the level of classification (2-1). R. Responsibility. Derivative applica- tion of classification markings is a re- sponsibility 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 instnhc- tions from an authorized classifier or in accordance with an authorized clas- sification guide. Persons who apply de- rivative classification markings should take care to determine whether their paraphrasing, restating, or surnmariz- ing of classified Information has re- moved the basis for classification. Where checks with originators or other appropriate inquiries show that TEDERAL ItEGiSTER, VOL 43, NO. 194-THURSDAY, OCTOBER 5, 1979 ? Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070008-9 classification or a lower classifica- Lion, those reasons need be recorded direct that nil classified records 20 n than originaVy assigned ,~~ 1 qq 1 1 o f } r older whether held in ate. the 'derivative documeMf a`lgd P jEa 5r/Uif~~ : I.IH-KUP 09$QbQ7 $ in Fed Issued as unclassified or shall be d. Indicate how the designations, cral records centers, be surveyed to irked appropriately (2-101 and 2- time limits, markings, and other re- Identify those that require scheduling ,). quirements of the order and this direr- for future disposition. Such scheduling . Marking derivatively classified tive are to be applied, or make specific shall be accomplished within 2 years ^uments. Paper copies of derivative- reference to agency regulations that of the effective date of the order (3- classified documents shall be provide for such application (2-201). 401). rked at the time of origination as 2. Review and record requirements. b. Extending classification after lows: Each classification guide shall be kept review.-(1) Foreign government infor- . The classification authority shall current and shall be reviewed at least mation. Agency heads listed In section shown on a "classified by" line; e.g.. once every 2 years. Each agency shall 1-2 and officials designated by the iassifled by (Insert Identity of clas- maintain a list of all its classification President pursuant to section 1-201 of station guide)" or "Classified by guides in current use (2-2). the order may extend the classifica- )sert source of original classifica III. DECLASSIFICATION AND tion of foreign government informa- n)." If the classification Is derived DOWSIFICA tion beyond 30 years, but only in ac- ?m more than one source, the single cordance with sections 3-3 and 3-404. rase "multiple sources" may be A. Record requirements. Agencies This authority may not be delegated. )wn, provided that Identification of and officials granted original classifi- When classification is extended ?h such source is maintained with cation authority pursuant to section 1- beyond 30 years, a date no more than file or record copy of the docu- 2 of the order shall maintain a record 10 years later shall be set for declassi- nt (2-102(c)); of individuals or positions designated fication or for the next review. Subse- The identity of the office originat- as declassification authorities pursu- quent reviews for declassification shall the derivatively classified docu- ant to section 3-103 of the order (3- be set at no more than 10-year inter- nt shall be shown on the face of the 103). vals (3-404). 7ument (2-102); B. DecIassifica(ion policy. In making (2) Waivers of further review. Heads . Dates or events for declassiflea- determinations under section 3-303 of of agencies listed in section 1-2 and of- n or review shall be carried forward the order, officials shall respect the ficials designated by the President )m the source material or classifica- Intent of the order to protect foreign Pursuant to section 1-201 of the order n guide and shown on a "declassify government Information and confiden- may request from the Director of the or "review for declassification on" tial foreign sources (3-303). Oversight Office a waiver of the 10- e. If the classification Is derived C. Systematic Review for Dcclassifi- year review requirement for both U.S.- ,in more than one source, the latest cation.-1. Systematic review guide- originated and foreign government in- .e for declassification or review ap- lines. formation. Such requests shall include cable to the various source materi- a. U.S. originated information. Sys- a personal certification by the agency shall be applied to the new inior- tematic review guidelines shall be kept head that the classified information Lion (2-102(c)); current through review at least every for which the waiver is sought has ,. The classification marking provi- 2 years, unless earlier review for revi- been systematically reviewed as re- ns of sections I.G. 7 through 9 and sion is requested by the Archivist of quired. and that a definitive date for 1. 12 are also applicable to deriva- the United States (3-402). declassification could not be deter- ely classified documents (2-102(c)); b. Foreign government information, mined. Waivers should not be request- Any additional marking under sec- Within 1 year after the effective date ed unless-the results of the review n 1.11. of this directive appearing on of the order, heads of affected agen- have established an identifiable need source material shall be carried cies shall, in consultation with the Ar. to continue classification for a period .ward to the new material when ap- chivist and in accordance with the pro- in excess of 20 additional years. Each opriate (2-102(c)); and visions of section 3-404 of the order, request shall include a recommended 3. Any abbreviation or code permit- develop systematic review guidelines date or event for subsequent review or I under section I. I. of this directive for 30-year-old foreign government In- automatic declassification (3-401). Iy be applied to derivatively class- formation. These guidelines shall be c. Assistance to the Archirist.-(1) ~d documents. kept current through review by The head of each agency shall desig- ). Classification guides.-1. Require- agency heads at least once every 2 nate experienced personnel to ' assist 'nts. Classification guides Issued years, unless earlier review for revision the Archivist of the United States in rsuant to section 2-2 of the order is requested by the Archivist of the the systematic review of 20-year-old all: United States. A copy of these guide-- U.S.-originated information and 30- L Identify the information to be lines and any revisions thereto shall year-old foreign government Informa- otected, using categorization to the be furnished to the Information Secu- tion accessioned into the National Ar- tent necessary to insure that the in- rity Oversight Office. Upon request, chives of the United States. Such per- rmation involved can be Identified the Department of State shall provide sonnel shall: idily and uniformly (2-201); advice and such assistance as is neces- (a) Provide guidance and assistance ). State which of the classification sary to effect foreign government co- to National Archives employees in signations (i.e., top secret, secret, or ordination of the guidelines (3-404). Identifying and separating documents nfidential) applies to the informs- 2. Systematic review procedures.-a. and specific categories of Information )n (2-201); Scheduling for systematic review. Clas- within documents that are deemed to State the duration of classification sifted nonpermanent records that are require continued classification: and terms of a period of time or future scheduled to be retained for more (b) Submit to the head of the agency ent. When such duration is to than 20 years need not be systemati- recommendations for continued classi- ceed 6 years. the reason for such ex- rally reviewed but shall be reviewed fication that identify documents or asion shall be provided in the guide. for declassification upon request. specific categories of Information so )wever. If the inclusion of classified Within 60 days of the effective date of separated. asons would result in a level of clas- the order, heads of agencies and offi- (2) The head of the agency shall ication for a guide that would inhib- cials designated by the President pur- then make the determinations person- its desirable and required dissemina- suant to section 1-2 of the order shall ally and in writing required under sec- Approved For Release 2005/08/15 : CIA-RDP87B01034R000200070008-9 J. RULES AND REGULATIONS 4283 Approved For Release 2005/08/15 : CIA-RDP87B01034R000 0007000-9 h -a en -if cy lion 3-401 of the order as to which documents or categories of Informa- tion require continued protection. The agency shall inform the Archivist, of the United States of this determina- tion (3-4). d. Special procedures. Special proce- dures for systematic review and declassification of classified cryptoloric Ill. formation and classified Information concerning the identities of clandes- tine human agents promulgated in ac- cordance with the provisions of section 3-403 of the order shall be binding on all agencies (3-403). C. Foreign relations series. In order to permit the editors of foreign rela- tions of the United States to meet their mandated goal of publishing 20 years after the event, heads of depart- ments and agencies are requested to assist the editors in the Department of State by facilitating access to appro- priate classified materials in their cus- tody and by expediting declassification review of items from their files select- ed for publication (3-4). D. Procedures for mandatory declas- sification review. 1. U.S.-originated information.-a. Action on an initial request. Each Agency shall designate. in its imple- menting regulations published in the 1' EDEr.AL REGISTER, offices to which re- quests for mandatory review for de- classification may be directed. Upon request for declassification pursuant to section 3-5 of the order, agencies shall apply the following procedures: (1) The designated offices shall ac- knowledge receipt of the request. (2) Whenever a request does not rea- sonably describe the information S 1l4 Iht., the requestor shall be notified that unless additional information is provided or the scope of the request is narrowed. no further action will be un- dertaken (3-501). h /nfnrnintion in the eustodv of and e oration In its custody that was classi- re1ease in actor once fled by another agency, In shall for. policy or guidelines, after consulting ward the request to the appropriate with other agencies that have subject agency for review, together with a matter Interest as necessary. If the copy of the document containing the agency receiving the request is not the h ble, and with its recommendation to withhold any of the information where appropriate. Unless the agency that classified the Information objects on grounds that its association with the information requires protection, the agency that received the request shall also notify the requestor of the referral. After the agency that classi- fied the Information, completes Its review (in coordination with other agencies that a direct Interest In the subject matter), a response shall be sent to the requestor in accordance with the procedures described above. If requested, the agency shall also communicate its determination to the referring agency (3-501). d. Action on appeal. The head of an agency or a designee shall establish procedures to act within 30 days upon all appeals of denials of requests for declassification. These procedures shall provide for meaningful appellate consideration, shall be forwarded to the Oversight Office for review, and shall be published in the FEDERAL REG- iSTER. In accordance with these proce- dures, agencies shall determine wheth- er continued classification is required in whole or In part, notify the reques- tor of the determination. and make available any information that Is de- classified and otherwise releasable. If continued classification Is required under the provisions of section 3-3 of the order, the requestor shall be noti- fied of the reasons therefor. If re- quested. the agency shall also commu- nicate the appeal determination to any referring agency (3-5 and 5- 404(C)). e. Fees. If the request requires the - - - - t agency that received or classified e foreign government Information, it shall refer the request to the appropri- ate agency, which shall take action as described above, including its recorn- mendation to withhold any of the In- formation where appropriate. In those cases where agency policy or guide- lines do not apply, consultation with the foreign originator through appro- priate channels may be advisable prior to final action on the request (3-5). TV.SArEGUARDING A. General. Information classified pursuant to Executive Order 12085 or prior orders shall be afforded a level of protection against unauthorized dis- closure commensurate with its level of classification (4-1). B. General restrictions on access. 1. Determination of need-to-know. Classified information shall be made available to a person only when the possessor of the classified Information establishes in each instance, except as provided to section 4-3 of the order. that access is essential to the accom- plishment of official Government duties or contractual obligations (4- 101). 2. Determination of trustworthiness.. A person is eligible for access to classi- fied information only after a showing of trustworthiness as determined by agency heads based upon appropriate investigations In accordance with ap- plicable standards and criteria (4-101). C. Access by historical researchers and former Presidential appointees. Agencies shall obtain: (1) Written agreements from requestors to safe- guard the information to which they are given access as permitted by the order and this directive'. and (2) writ. it'd 4401 1111 -1. u..s,'a. ass v. w.- ,........... - a.----- -- -- authority of an agency. 'rhe designat- and equitable fees may be charged ten consent to the agency's review of ed office shall determine whether, pursuant of title 5 of the Independent their notes and manuscripts for the under the declassification provisions Offices Appropriation Act, 65 Stat. ' purpose of determining that no classi- of section 3-3 of the order, the re- 290, 31 U.S.C. 483a (1976), such fees tied information is contained therein. quested information may be declassi- may be imposed at the discretion of A determination of trustworthiness is fled and, if so. shall make such infor- the agency rendering the services. a precondition to a request.or's access. matron available to the requestor, Schedules of such fees shall be pub- If the access requested by historical unless withholding is otherwise war- fished in the FEDERAL REGISTER (3- researchers and former Presidential ranted under applicable law. If the in- 501). appointees requires the rendering of kirtnation may not be released in 2. Foreign government information. services for which fair and equitable whole or in part, the requestor shall Except as provided hereinafter. re- fees may be charged pursuant to title be given a brief statement as to the quests for mandatory review for the 5 of the Independent Offices Appro- i-t';LSUl1S for denial, a notice of the declassification of classified docu- priations Act, 65 Stat. 290, 31 U.S.C. right to appeal the determination to a meets that contain foreign govern- 483a (1976), the requestor shall be so dcs!gnated agency appellate authority ment Information shall be processed notified and the fees may be Imposed (including none, title, and address of and acted upon in accordance with the (4-3). such authority), and a notice that provisions of section D.1 above. If the D. Dissemination. Except as other- such au appeal must be filed with the agency receiving the request is also wise provided by section 102 of the Na- agcnc) within 60 days in order to be the agency that initially received or tional Security Act of 1947, 61 Stat. conn;dcred (;,-501). classified the foreign government In- 495, 50 U.S.C. 403 (1970 and Supp. V c. In!unnation classified by agencies formation, it shall determine whether 1975). classified information originat- oth.rr than the ci:stodial agency. When the foreign government information in Lag in one agency may not be dissemi- an agency receives a request for infor- the document may be declassified and riated outside any other agency to FEDERAL REGISTER, VOL 43, NO. 194-THURSDAY, OCTOBER S, 1978 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070008-9 Approved For R(tan IMMAD'VSA MDP87BO1034R000200070008-9 which it has been made available with- ever new security equipment is pro- )ut 'the consent of the originating cured, it shall be in conformance with agency (4-403). the standards and specifications re- E. Accountability procedures.-1. ferred to above and shall, to the maxi- Top secret. Top secret control officers mum extent practicable, be of the type ;hall be designated to receive, trans- designated on the Federal Supply mit, and maintain current access and Schedule, General Services Adminis- iccountability records for top secret tration (4-103). nformation. An inventory of top 4. Exception to standards for securi- ;ecret documents shall be made at ty equipment.-a. Secret and confiden- ieast annually; however, heads of tial information may also be stored in agencies may authorize the annual in- a steel filing cabinet having a built-in, ;entory of top secret documents In re- three-position, dial-type, changeable positories, libraries, or activities that 'combination lock, or a steel filing cabi- store large volumes of such informa- net equipped with a steel lock bar, pro- tion to be limited to documents to vided it is secured by a three-position, which access has been afforded within changeable, combination padlock ap- the past 12 months. The Director of proved by GSA for the purpose. The the Oversight Office may grant a storage of secret information In the waiver with respect to the requirement steel filing cabinets described above re- of an annual inventory for storage sys- quires the use of such supplementary t.ems Involving large volumes of infor- controls as the head of the agency mation if security measures with re- deems necessary to achieve the degree spect to such storage systems are ade- of protection warranted by the sensi- quate to prevent access by unauthor- tivity of the information involved (4- ized persons (4-103). 103). 2. Secret and confidential Secret b. For protection of bulky secret and and confidential classified information confidential material (for example, shall be subject to such controls and weaponry containing classified compo- current accountability records as the nents) In magazines, strong rooms, or head of the agency may prescribe (4- closed areas, access oenings may be se- 103). cured by changeable combination or F. Storage- Classified information key-operated, high-security padlocks shall be stored only in facilities or approved by GSA. When key-operated under conditions adequate to prevent padlocks are used keys shall be con- unauthorized persons from gaining access to it (4-103). 11. Top secret. Top secret informa- tion shall' be stored in a GSA-ap- proved, safe-type, steel file cabinet having a built-in, three-position, dial- type combination lock or within an ap- proved vault, or vault-type room, or in other storage facility that meets the standards for top secret established under the provisions of subsection 3 below. In addition, heads of agencies shall prescribe such additional, supple- mentary controls as are deemed appro- priate to restrict unauthorized access to areas where such Information, is stored (4-103). 2. Secret and confidential. Secret and confidential information shall be stored in a manner and under the con- ditions prescribed for top secret infor- mation, or in a container or vault that meets the standards for secret or con- fidential, established pursuant to the provisions of subsections 3 or 4 below (4-103). 3. Standards for security equipment, The General Services Administration shall, in coordination with agencies originating classified information, es- ed the classified information being protected. Under no circumstances may keys be removed from the prem- ises. They shall be stored in a secure container (4-103). 7. Responsibilities of custodians. Persons entrusted with classified in- formation shall be responsible for pro- viding protection and accountablility for such information at all times and for locking classified information in approved security equipment when- ever It is not in use or under direct su- pervision of authorized persons: Custo- dians shall follow . procedures that Insure unauthorized persons do not gain access to classified Information (4-103). 8. Inspections. Individuals charged with the custody of classified informa- tion shall conduct the necessary in- spections within their areas to insure adherence to procedural safeguards prescribed to protect classified infor- mation. Akency security officers shall insure that periodic inspections are made to determine whether procedur- al safeguards prescribed by agency regulations are in effect at all times (4-103). G. Transmittal-1. Preparation and receipting. Classified information shall be enclosed in opaque inner and outer covers before transmitting. The inner cover shall be a sealed wrapper below (4-103). assigned classification and addresses 5. Combinations.-a. Equipment in of both sender and addressee. The service. Combinations to dial-type outer cover shall be sealed and ad- locks shall be changed only by persons dressed with no identification of the having appropriate security clearance, classification of its contents. A receipt and shall be changed whenever such shall be attached to or enclosed in the equipment is placed in use, whenever a inner cover, except that confidential person knowing the combination no Information shall require a receipt longer requires access to the combina- only if the sender deems it necessary. tion, whenever a combination has been The receipt shall identify the sender, subjected to possible compromise, addressee, and the document, but shall whenever the equipment is taken out contain no classified Information. It of service, and at least once every shall be Immediately signed by the re- year. Knowledge of combinations pro- cipient and returned to the sender. tecting classified information shall be Any of these wrapping and receipting limited to the minimum number - of requirements may be waived by persons necessary for operating pur- agency heads under conditions that poses. Records of combinations shall will provide adequate protection and be classified no lower than the highest prevent access by unauthorized per- level of classified information to be sons (4-103). stored in the security equipment con- 2. Transmittal of top secret The cerned (4-103). transmittal of top secret information B. Equipment out of service. When shall be by specifically designated per- security equipment having a built-in sonnel, by State Department diplo- combination lock is taken out of serv- rnatic pouch, by a messenger-courier ice, the lock shall be reset to the system specially created for that pur- standard combination 50-25-50. Com- pose, or over authorized secure com- bination padlocks shall be reset to the munications circuits (4-103). standard combination 10-20-30 (4- 3. Transmittal of secret. The trans- - LaDnsn ana puuunu u-- specifications, and supply schedules 6. Keys. Heads of agencies shall es- fected in the following manner: for containers, vaults, alarm systems, tablish administrative procedures for a. The 50 States, District of Colum- and associated security devices suit- the control and accountability of keys bia, and Puerto Rico. Secret informa- able for the storage and protection of and locks whenever key-operated, tion may be transmitted within and all categories of classified information. high-security padlocks are utilized. between the 50 States, District of Co- Any agency may establish more strin- The level of protection provided such lumbia, and Puerto Rico by one of the gent standards for its own use. When- keys shall be equivalent to that afford- means authorized for top secret infor- FEDERAL REGISTER, VOL 43, O. 194-THURSDAY, OCTOBER 5, 1978 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000200070008-9 Approved For Releastt16GaIA DR87B01034R000200070008-9 Ination, by the U.S. Postal Service reg- istered mail, or by protective services provided by U.S. air or surface com- mercial carriers under such conditions as may be prescribed by the head of the agency concerned (4-103). b. Canadian Government Installa- tions. Secret information may be transmitted to and between United States Government and Canadian Government installations in the 50 States, the District of Columbia, and Canada by United States arld Canadi. an registered mail with registered mall receipt (4-103). c. Other areas. Secret Information may be transmitted from, to, or within areas other than those specified in subsections a or b above by one of the means established for top secret infor- mation, 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 air- craft, 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 ves- sels, and pilots of aircraft who are U.S. citizens and who are appropriately cleared may be designated as escorts (4-103). - 4. Transmittal of confidential infor. mation. Confidential Information shall be transmitted within and be- tween the 50 States, the District of Co- lumbia, the Commonwealth of Puerto Rico, and U.S. territories or posses- sions by one of the means established for higher classifications, or by 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 (4-103). H. Loss or possible compromise, Any person who has knowledge of the loss or possible compromise of classified in- formation shall immediately report the circumstances to an official desig- nated by the agency or organization. In turn, the orginating agency shall be notified about the loss or compromise in order that a damage assessment may be conducted and appropriate measures taken to negate or minimize any adverse effect of such a compro- mise. An immediate inquiry shall be initiated by the agency under whose cognizance the loss or compromise oc- curred, for the purpose of taking cor- rective measures and appropriate ad- ministrative. disciplinary, or legal action (4-103). 1. Destruction. Nonrecord classified information that has served its Intend- ed purpose shall be destroyed in ac- cordance with procedures and meth. ods approved by the head of the agency. The method of destruction se- lected must preclude recognition or re- construction of the classified informa- tion or material (4-103). V. IMPLEMENTATION AND REVIEW Challenges to classification. Agency programs established to Implement the order shall encourage holders of classified information to challenge classification in cases where there is reasonable cause to believe that infor- mation is classified unnecessarily, im- properly, or for an Inappropriate period of time. These programs shall provide for action on such challenges or appeals relating thereto within 30 days of receipt and for notification to the challenger of the results. When re- Quested, anonymity of the challenger shall be preserved (5-404(d)). VI. GENERAL PROVISIONS A. Notification. Notification of un- scheduled changes in classification or changes in duration of classification may be by general rather than specific notice (4-102). B. Posted notice. If prompt remark- Ing of large quantities of Information would be unduly burdensome, the cu todian may attach a change of classifi cation notice to the storage unit ij lieu of the marking action otherwise required. Each notice shall Indicatt the change, the authority for the action, the date of the action, and th- storage units to which It applies. Item: permanently withdrawn from suet storage units shall be marked prompt ly In accordance with the marking pro visions herein. However, when infor oration subject to a posted downgrad Ing, upgrading, or declassificatior. notice is withdrawn from one storage unit solely for transfer to another, or a storage unit containing such Infor mation is transferred from one place to another, the transfer may be made without marking if the notice is at Lathed to or remains with each ship. ment (4-102). C. Downgrading, declassification, and upgrading markings. Whenever a change Is made In the original classifi- cation or in the dates of downgrading or declassification of any classified in- formation, it shall be promptly and conspicuously marked to Indicate the change, the authority for the action, the date of the action, and the Identi- ty of the person taking the action. Earlier classification markings shall be cancelled when practicable (4-102). D. Combat operations. The provi- sions of the order and this Directive with regard to dissemination. trans- mittal, or safeguarding of classified In- formation may be so modified in con- nection with combat or combat-related operations as the Secretary of Defense may by regulations prescribe (4-103). E. Publication and effective date. This directive shall be published in the FEDERAL REGISTER. It shall become effective December 1. 1978 (6-204). JAMES B. RHOADS. Acting Chairman, Interagency Classification Review Com- mittee. OCTOBER 2, 1978. (FR Doc. 78-28101 Filed 10-4-78: 8:45 am] FEDERAL REGISTER, VOL. 43, NO. 194-THURSDAY, OCTOBER 5, 1979 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000206070008-9