FEDERAL REGISTER INTERAGENCY CLASSIFICATION REVIEW COMMITTEE
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP87B01034R000200070008-9
Release Decision:
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
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[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
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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-
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J.
RULES AND REGULATIONS 4283
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-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
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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
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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]
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