FINAL REVISED DRAFT E. O. 10501

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-01022R000100040029-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 69
• Document Creation Date: December 9, 2016
• Document Release Date: May 10, 2000
• Sequence Number: 29
• Content Type: MISC

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TAB
*NSC Declassification/Release Instructions on File*
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Final Revised Draft
E.O. 10501
M
?
It is essential that the citizens of the United States be informed to
the maximum extent possible concerning the activities of their govern-
ment. In order that it may protect itself and its citizens against
hostile action, overt or covert, and may effectively carry out its
foreign policy and conduct diplomatic relations with'all nations, it -is
equally essential for their government to protect certain official
information against unauthorized disclosure. The reason for such
protection is not that sensitive information causes danger or embarrass-
ment to the government when it is in the hands of citizens, but that any
dissemination sufficiently wide to reach even a small part of our citizenry
will reach foreign governments as well. It is the purpose of this Order "In to provide for a just resolution of the conflict between these two essential
national interests in the manner herinafter provided.
Now, therefore, by virtue of the authority invested in me by the
Constitution and statutes of the United States, it is hereby ordered as
follows:
*NSC Declassification/Release Instructions on File*
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Section 1. Security Classification Categories. Classification of
official information which requires protection against unauthorized
disclosure in the interest of national defense or foreign relations
(hereinafter collectively termed "national security") shall be limited to
three categories, which, in descending order of importance, are "Top
Secret", "Secret", and "Confidential." No other designations shall
be used to identify official information or material as requited-prote.ction
in the interest of national security, except as otherwise expressly
provided by statute.
(a) Top Secret. "Top Secret" means national security information
or material which requires the highest degree of protection because
its unauthorized disclosure could reasonably be expected to result
in exceptionally grave?damage to the Nation, such as the outbreak
of war; an armed attack against the United States or its allies; a
definite break in diplomatic relations affecting the vital interests
of the United States; or the compromise.of vital military or defense
plans or of sensitive intelligence operations or scientific or
technological developments vital to national security.
(b) Secret., "Secret" means national security information or
material whicFi'requires protection because its unauthorized
disclosure could reasonably be expected to result.in serious
damage to the Nation, such as jeopardizing an important element
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l
wkw
of the foreign relations of the United States; endangering the
effectiveness of a program or policy directly and importantly
related to the national security; or important military or
defense plans or important intelligence operations,, or
scientific or technological developments important to national
security,
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(c) Confidential. "Confidential" means national security information
or material the unauthorized disclosure of which could reasonably be
expected to damage the national security.
(d) The classification "Top Secret" shall be used extremely sparingly,
and shall be used only to designate informatiorr?or Material which
plainly comes within the definition herein contained. The classi-
fication "Secret" shall be sparingly used. Any substantial doubts
as to which of two security classifications is appropriate, or as to
whether material should be classifie at all, shall be resolved in
favor of the less restrictive treatme t.
Section 2. A.uthori y to Classify, ID wn ade and Declassify.
The authority to classify information or aterial under this Order
shall be exercised only by those agencies and in the manner specified
below in subsections (a) - (i). Authority to downgrade and declassify
may be exercised as provided in subsection (j). Except as the context
may otherwise indicate, the term "agency" as used in this Order shall
include department and governmental unit.
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(a) The authority for classification of national security information
or material as "Top Secret" or "Secret" under this Order may be
exercised by the heads of the following agencies, and by such
responsible 'officials of those agencies as may be designated
pursuant to the provisions of subsections (d) and (e) of this Section.
The White House
National Aeronautics and Space Council
Office of Management and T3udget
Office of Science and Technology
Office of Telecommunications Policy
Council of Economic Advisers I
Council on International Economic Policy
Office of Emergency Preparedness
Special Representative for Trade Negotiations
President's Science Advisory Committee
President's Foreign Intelligence Advisory Board
National Security Council
Central Intelligence Agency
Atomic Energy Commission
Department of State
Department of Treasury
Department of Defense
Department of the Army
Department of the Navy
Department pf the Air Force
Department of Transportation
Canal Zone Government
Federal Communications Commission
Agency for International Development
United States Arms Control and Disarmament Agency
Export-Import Bank of Washington
Department of Justice
Department of Commerce
General Services Administration
National Aeronautics and Space Administration
United States Civil Service Commission
United States Information Agency
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_ fib) The authority for classification of national security information
or material as "Top Secret" or "Secret" under this Order may be
exercised by the heads of the following agencies without delegation:
Department of the Interior
Department of Health, Education, and Welfare
Civil Aeronautics Board
Federal Maritime Commission
Federal Power Commission
National Science. Foundation
Panama Canal Company
(c) The authority for classification of national security information .
or material as '"Confidential" under this Order may be exercised by
the heads of the agencies listed in subsections (a) and (b) hereof and
by the heads of the following agencies, and by such responsible
officials of those agencies as may be designated pursuant to the
provisions of subsections (d), (e) and (,f) of this Section.
The White House
National Aeronautics and Space Council
Office of Management and Budget
Office of Science and Technology
Office of Telecommunications Policy
Council of Economic Advisers
Council on International Economic Policy
Office of Emergency Preparedness
Special Representative for Trade Negotiations
President's Science Advisory Committee
President's Foreign Intelligence Advisory Board
National Security Council
Central Intelligence Agency
Atomic Energy Commission
Department of State
Department of Treasury
Department of Defense
Department of the Army
Department of the Navy
De artment of the Air Force
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Canal Zone Government
Federal Communications Commission
Agency for International Development
United States Arms Control and Disarmament Agency
Export-Import Bank of Washington
Department of Justice
Department of Commerce
General Services Administration
National Aeronautics and Space Administration
United States Civil Service Commission
United States Information Agency
Department of the Interior
Department of Health, Education,` and Welfare
Civil Aeronautics Board -
Federal Maritime Commission
Federal Power Commission
National Science Foundation
Panama Canal Company
ACTION
Tennessee Valley Authority
1q
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.1%
(d) "Top Secret" classification authoiity,shall be
exercised only by:
(1) the heads of the agencies specified
in subsection (a) above and such of-.their
senior principal deputies and assistants-
and the heads and deputy heads of major
elements of theiz respective agencies' a's"
they may designate ii writing.
(2) The heads of the agencies 'specified
in (b) above, without delegation.
(e) "Secret" classification authority shall be
:exercised only by:
(1) officials with "Top Secret" classifi-
cation authority; and
(2) officials designated in writing by a
superior' ;in the same vertical channel of
command or supervision who himself has
"Top Secret" classification authority, except
that such delegation .array not be made by the
heads of the agencies specified' in ,(b) above..
(f)
"Confidential" classification: authority shall
be exercised only by:
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(1) officials with "Top Secret" and "Secret" classification
authority; and
(2) the heads of agencies specified in (c) above; and
(3)
officials designated in Writing by a superior in the same
vertical channel of command or supervision who has "Top
Secret" or "Secret" classification authority or,who is,the
head of an agency specified in (c) above.
(g) All material classified under this Order shall be annotated
in such a way as to indicate to a recipient which portions have been
determined to necessitate classification and at what level. This
annotation shall be accomplished bearing in mind that its purpose
is to permit excerpting and other use of parts of the material
without either unnecessary classification or referral to the
original classifying authority.
(h) Unless the agency involved shall have provided by regulation
some other method of identifying the individual or individuals who
authorized the original classification
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 a way that it will be possible to identify the individual or individuals
who originally classified Each component. Where the individual who'
signs or otherwise authenticates a document or item has also
authorized the classification, no further annotation as to his identity
is required.
(i) Any agency of the Government, whether or not authorized to
originate classified material, is authorized to respond to classified
material directed to it by another agency, and to give its response
the same or any lower security classification as borne by the
material originated by the other agency if the contents of the
response warrant such classification under the provisions of
Section 1 of this Order. ? Where an agency's response incorporates
classified information or material directed to it by another
agency, the 'responding agency shall observe and respect
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in each case, material classified under this Order shall indicate
on its face the identity of the original classifying authority or
authorities. Where documents or items that incorporate information
or material, that has already been classified under this Order are
involved, each document or item shall be clearly annotated in such
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the classifications assigned by the originating agency in its response.-
Under no circumstances shall this subsection be relied on to classify
documents or material that can reasonably be separated from a
response or part of a response that requires classification.
Where a major operating contractor of an agency authorized to
classify under this Order, it shall safeguard that information or
material as if it were so classified until such time as it shall have.
been reviewed for classification purposes by an. appropriate govern-.
4 f
ihent official.
(j) Except as otherwise provided by statute (see Section 12),
authority to declassify and downgrade national security information
shall be exercised by:
(1) Any classifying authority, with respect to information
classified by him in his current capacity or by one of-his
predecessors in office; and
(2) A classifying authority's superior or supervisor in the
same channel of command or supervision with respect to
information classified by the subordinate dr his predecessor"
in office,while responsible to the superior or his predecessor
in office.
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(3) Such individuals as have been delegated the authority
possessed by classifying authorities and their superiors
as defined in paragraphs (1) and (2) above. The limitations
upon delegation of the authority to classify specified in
this Order shall not apply to delegations of the authority
to downgrade and declassify national security information
and material classified pursuant to this Order. Except
for material officially transferred as defined in Section 4(c),
the authority to downgrade and declassify shall be limited
to classified material originating in the agency of the
declassifying and downgrading authority, provided that
the Interagency Review Committee established under
Subsection 10(d), of this order may, recommend the down-
grading or declassification of any classified material to the
President.
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Section 3. Classification. Each person possessing
classifying authority shall'be responsible for the propriety
of the classifications attributed to him under the provisions
of this Order. Both unnecessary classification and over-
classification shall be avoided. The head of each agency
having classifying authority prusuant to this Order shall
provide appropriate methods to monitor effectively compliance
I
with the classification provisions of this Order. In no
case shall information be, classified in-order to conceal
inefficiency or administrative error, to.prevent embarrass-
ment to a person or agency, to restrain competition or
independent initiative, or to prevent for any other reason
the release of information which does not require protection
in the interest of national security. The following special
rules shall apply to classification of information under this
(a) Documents in general:
D
h
ocuanents s
all, be classified according to
their own content and'not according to their
relationship to other documents. Material
containing references to classified materials
which references do nQt~ reveal' ?cla,ssified
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information shall not be classified.
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(b) Physically,-connected documents:
.The classification of a file or group ok
physically-?connected documents: shall be
at least as high as that of the most
highly classified document therein,. Thje
physical connection of "Top I...Secretf ,and
"Secret" documents with other documen~.s_
not so classified shall be avoided except
where such connection will significantly
facilitate current use or filing. Documents
separated from a file or group shall be
handled in accordance with their individual
classificationo
.Multiple classifications:
A document, product, or substance shall bear
a. classification at least as high as that of
its most highly classified component. The
document, product, or substance,shall bear
only one,overall cl.assification,. notwi.thstand-
ing. tb-c pages,. paragraphs., sections or components
thereof bear different- classifi.catiohso
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(d) Information or material. furnished by a ,foreign
government or international organization:
Classified information or material first furnished
to the United States by a foreign government or
international organization shall either retain
its original. cl.,assification, or be assigned a
United States classification. In.either. case, the
classification shall assure a degree of protection
equivalent to that required by the government or
international organization which furnished the
information or material.
Section 4. . Decl,assif_ .cation Down radan and L'narad .
? When classified information or material no longer requires the
level of protection afforded by the current classification,
it shall be downgraded or declassified. Classified information
or material no longer needed in current working files shall
be promptly desti`oyed, transferred, or retired in accordance
with the provisions of applicable statute's and regulations in
order that classified inventories may be reduced to the minim=
consistent with operational' requirements. and that costs
associated with the handling of classified information or
material may likewise.be reduced. Heads of agencies originatiz
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Nm~
cl:is;;itiod information or material shall establish procedures
to monitor compliance with all applicable rules governing down-
grading, declassification, destruction; transfer, or retire--
went of classified information or material. 1-ieads of such
agencies shall also establish procedures to, insure the review
of classified information or material on a systematic basis,
for the purpose of accomplishing downgrading, ;declassification,
destruction, transfers, or-retirement at the earliest practicable
date.
Within thirty days after the effective date of this Order,
each agency authorized to classify information shall submit
to the Review Committee established under Section. 10(d) a.
description of the procedures it has adopted pursuant to this.,
Section and 'to Section 3. In addition, each such agency shall
make provision for the submission to that Committee of
.representative problems that confront it in determining whether
information and material, that it generates should
be classified under this Order and wha~.plevel of classificatic
is appropriate.
[ALTERNATIVE I-]
?(a) General. Except when the information is
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determined to fall within the categories described in (b)
below, information classified under this Order shall be
declassified and downgraded in the following manner:
(1)
Information or material initially classified "Top Secret,
"Secret," or "Confidential" shall be automatically declassified
s
on the [tenth] anniversary of its origin.
(2) Information or material initially classified "Top Secret""
shall be automatically downgraded to "secret" on the
'second anniversary of its origin and to "Confidential" on
the fourth anniversary of its origin. Information or material
initially classified "Secret" shall be automatically down-
graded to ('Confidential" on the second anniversary of its
origin.
(3) When warranted by [special] circumstances, classifying auth-
orities may provide, at the time of initial classification, for
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earlier for later] declassification
or downgrading than the schedule set
forth above. In such cases, classifying
authorities shall designate a special
date or event'on which the declassi--
fication or downgrading will, occur.
(4) Where warranted by special circumstance,,s,.
a classifying authority may [not more than
ninety days"Prior to the scheduled de-
classification of a particular item] extend
the period during which it shall remain
classified for an. additional dive years.
In such case the name-of the classifying
authority and the reason for the extension
shall be appended to the item.
[ALTERNATIVE II ]
(a) Ce ral.- Except when the information is deter-
mined to fall within the special categories in
(b) below, information classified under this
_ __.._.Order shal1..be declassified and downgraded in
. the following manner:.
(1) Top Secret. Information or material
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Nave 11VW
_ _ originally classified "Top Secret" shall be downgraded to
"Secret" at the end of the second full calendar year
following the year in which it was originated, downgraded to
"Confidential" at the end of the fourth full calendar year
following the year in which it was originated, and declassified
. at the end of the tenth full calendar year following the year in
which it was originated.
(2) Secret. Information-hnd material originally classified
"Secret" shall be downgraded to "Confidential" at the end
of the second full calendar year following the year in which it
was originated, and declassified at the end of the eighth full
calendar year following the year in which it was originated.
(3) Information and material originally classified "Confidential!' shall be
1
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*Vol
declassified at the end of the sixth full calendar year
following the year in which it was originated.
(4) If it is determined at the time of origin that earlier
dates of downgrading and declassification than those set
out above are appropriate, such specific dates' as are
determined to be appropriate shall be assigned.
(5) Where warranted by special circumstances, a
classifying authority may (not more than ninety days
prior to the scheduled declassification of a particular
item] postpone the date of declassification for a period
not to exceed five years. In such cases the name of the
individual authorizing the extension and a statement in
writing setting forth the reasons for the extension shawl
be appended to the item.
(6) When classified information or material subject
to a downgrading, and declassification
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schedule is incorporated into a document or item, the
incorporating document or item, if not otherwise
classifiable, shall be subject to that same downgrading
or declassification schedule. When classified' information
or material extracted from several sources subject to
different downgrading and declassification schedules-is
incorporated into a new document or item, the downgrading
and declassification dates assigned the new document or item
shall be no earlier than the latest of those borne by the
sources.
(b) Special Categories.
(1) Classified information determined to fall within
the following categories may warrant some degree of..
protection for an indefinite period, and therefore may
be exempted from the provisions of Section 4(a) above
by an official authorized to classify information or material
"Top Secret'! In each case such official shall specify
on what ground this exception is available.
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fit. Information originated by foreign
governments or international,
organizations and furnished to the
United States on the understanding
that it be kept in confidence.
Information or material.,
(i) specifically covered.by.statute--
ALTERNATIVE I
such as the Atomic Energy Act;
(ii) pertaining to cryptography or to
intelligence sources and methods;
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(iii) consisting of highly sensitive
ALTERNATIVE II
. intelligence.
(iii) consisting of sensitive intelligence.
ALTERNATIVE III
,iii) relating to intelligence sources
and methods..
? c. Information which ;Ls identified in writing
by the head of a department or.agency,
. or his designee as defined'in Section
2(d)(1) hereof, as extremely sensitive
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in the sense that for a period of
the continuing protection of which
is required in the interest of-
national security, or
ALTERNATIVE I
(ii) would seriously impair the effective
formulation or conduct of major
elements of United States foreign
policy.
ALTERNATIVE II
. (ii) would seriously impair the effective
formulation or conduct of United States
foreign policy.
indefinite duration its unauthorized
disclosure
(i) would place in immediate jeopardy
a person, system, plan, project,
installation or method` of operation
d. It is the intent of this Order that
classified information included in sub-
paragraph c., above shall be kept to the
absolute minimum consistent with operational
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(2)
later review. Documents containing information
graded or declassified. if, upon review, it is determined
requirements in the interest of national
security. In all cases possible, infor-
mation determined to come within the
provisions of subparagraph c.' shall be
assigned dates or events after which such
r
information may be downgraded or declassified
at *the time of its original classification or upon
excluded from scheduled downgrading and
declassification under the provisions of sub-
paragraph c. shall be annotated in the body
of the text to indicate clearly to the recipient
the information subject to the exclusion and
the reason(s) for such exclusion.
All information except that covered by subpara-
graph 4(b)? (1) a.. above shall nevertheless be down-
that such infoxrriation no longer requires the higher
level of classification originally assigned or no
longer requires any classification.
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ALTERNATIVE I
(3) Notwithstanding the foregoing provisions of sub-
paragraph 4(b)(l)c. information and material
included within its provisions shall, after the
expiration of ten years from the date of origin,
be subject to mandatory review fof declassifica-
tion by the originating agency upon the request
of any agency or any member of the public,-provided
that such person describes the information sought
with sufficient particularity to enable the agency
responsible for the review and determination to
identify it without an unreasonable' expenditure
of timeq
ALTERNATIVE II
(3) Notwithstanding the foregoing provisions of sub-
paragraph 4(b)(1)cA information and material
ind,uded within its provisions shall after the
expiration of twenty years from the date of origin,
be subject to mandatory review for declassifica-
tion by the originating agency upon the request
of any agency or any member of the public provided
that such person describes the information sough,
with sufficient par'ticula'rity to enable the agency
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identify it without an unreasonable expenditure
of time.
(4) All information and material classified pursuant to
Section 4(b)(l)c. of this Order shall be declassi-
fied at the end of 30 years from-the date of its
Ik
original classification if it'has not earlier
been declassified.
or pursuant to statute or Executive Order from one agenc:
to another for the latter's use and.as part of its offi-
(c) Material Officially Transferred: In the case of materiel'
transferred in conjunction with a transfer of function b:
cial files or property, as distinguished from transfers
merely for purposes of storage, the receiving agency
shall be deemed to be the classifying authority over suc:
material for all purposes under this Order, including de,
classification and downgrading.
) Material'hot Officially Transferred: When any agency
has in its possession any classified material origin-
ated in an agency which has since become defunct
and whose files and other property have not been
officially transferred -to another agency within the
meaning of subsection (c), above, or when it is
impossible for the possessing agency to identify
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the originating agency, and a review of the
material indicates that it should be downgraded or
declassified, the said possessing agency shall have
power to declassify or downgrade such material. If
it appears probable that another'agcncy may have a
substantial interest in whether the classification of
any particular information should be 'n~anCaiined, tlic
possessing agency shall not exercise the power con-
ferred upon it by this subsection,' except with the
consent of the other agency, until 30 days after it
has notified such other agency of the nature of the
material and of its intention to declassify or down-
grade the same. During such 30-day, period the other
agency may, if it so desires, express its objections
to declassifying or downgrading the particular
material., but the power to make the ultimate decision
shall reside in the possessing agency.
(e)
Downgrading: If the recipient of classified material
believes., that.it has-been " classified too highly, he
shall refer the matter with recornmendatjons to the
appropriate downaradin and declassification authority.
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(f) Upa di,xug: if the rccipicnt f unclassific d informa-
tion or material believes that it should be classified
or if ?the recipient of classified information or
material believes that its classification is not su.f-
,ficiently protective, he shall safeguard it in accord-
ance with the classification deemed appropriate and
shall refer the matter with recommendations to the
appropriate classifying authority -for - Such Macc:i on as
would be appropriate and effective. If upgrading
action is taken, the date of such action shall consti-
tute a new date -of origin insofar as the downgrading or
declassification schedule (paragraph (a).above) is
concerned.
(g) Agencies Which Do Not -Have Authority for Original
Classification: The provisions of this-Section 4
relating to the declassification of national security
information or material shall apply to agencies which,
under the terms of this Order, do not have current
authority for original classification of information
or material, but which formerly had original classify-
ing authority granted by Executive Order.
- 25 Y,
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 Approved For Rel a 2000/09/14: CIA-RDP83-010 t 00100040029-9
`ii) Notification of Change in Classification: In a1.1
cases in which action is taken to downgrade or de-
classify in a manner other than as originally
specified, whether scheduled or non-scheduled, the
(i)
action official or" the custodian. of the records shall
promptly notify all addressees to whom the information
or material was originally transmitted.-?. R.ec.ipientpr
of original information or material, upon receipt of
notification of change in classification, shall notify
addressees to whom in turn they have transmitted the
classified information or material.
Retroactive Application: Effective on and after the
..first day .of the fourth calendar month commencing.
after the date of this Order:
(1) No further assirunents of classified information
or.material shall be made to Groups-1, 2, 3, or
4 under Executive Order 109 64
(2) Classified information or- material previously
assigned to-such Groups 1, 2, 3, or 4, when
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+Y? . N 26
M
 Approved For (ease 2000109114: CIA-RDP83 fO22R0001.00O40029-9.-
2 7
withdrawn from current files or storage for use,
shall be treated as follows:
a. Classified?i-aformation or material assigned
to Groups 1, 2,?or 3, unless ~pecifically
determined otherwise by the original classify-!.
1 '
ing authority, shall 'be excluded from the
automatic downgr 1divvg and declassification
provided by this. Order. The provisions of
Section 4(b) (3) and (4) are applicable to
this body of mate-rial. Notice of assignment
to scheduled downgrading and declassification
shall be given to all holders.'
b. Classified information or material assigned
to Group 4 shall be subject to automatic
downgralccing and declassification as provided
by this order, and shall; be marked accordingly.
Classified information'or material'not previously.
assigned to Groups 1, 2,.3, or 4. under Executive
Order 10964, when withdrawn from current files or
storage for use, shall be evaluated by the holder
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 Approved For Release 2000/09/14: CIA-RDP83-01022R000100040029-9
N601 . i"01
to determine whether it should be subject to the
scheduled downgrading and declassification
provided by this Order. In making such determina-
tion, the holder shall first obtain the concurrence
of the originating agency, except for material
.officially transferred in which ca&e the provisions
of 4(c) shall apply.
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 Approved For Release 2000/09/.14: CIA-RDP83-01022R000109040029-9
Secti S . Marla 10 0 ("lassie-lecl Material. After a date
iuiination of the proper security classification to be assigned
has been made in accordance with the provisions of this Order,
the classified material shall be marked as follows:
(a) Classification, Downgrading and Declassification
Markings?' At the time of origination,, each document or other
material containing classified information shall be marked with
its assigned security classification and with any other require
markings, and in addition shall. either be marked with the down-
grading and declassification schedule required under subsection
(a) of Section 4 of this'Order or indicate that the information
requires security classification.protection for an indefinite
period as provided in subsection (b) of Section 4.
(b) Bound Doci ments: The' assigned security classificatio;
of bound documents, such as books or pamphlets, the pages of
which are permanently and securely fastened together, shall be
conspicuously marked or stamped on the outside of the front
cover, on the title page, on the first page, on the back page an
1 0
on the outside of the back cover. In each case the markings
shall be applied to the top and bottom of the page or cover.
(c) Unbound Documents: The assigned security classificatic
on unbound documents, such as letters, memoranda, reports,
29 ..
ved For Release 2000/09114: CIA-RDP83-01022R000100040029-9
ApprQ,
 Approved For Rise 2000/09/44: CIA-RDP83-012R000100040029-9
telegrams, and other similar documents, the pages of which are
not permanently, and securely fastened together, shall be con-
spicuously marked or stamped at the top and bottom of each page,
in such manner that the marking will be clearly visible when the
pages are clipped or stapled together.
(d) Charts, Maps, and Drawings: Classified chart's, maps,
and dray;'irgs shall carry the security classification marking
under the legend, title block,- or scale in such 'Manner that it
will be reproduced on all copies made. therefrom. Such classifi-
cation shall. also be marked at the top and bottom in each
instance.
(e) Photographs, Films and Recordings: Classified photo-
graphs, films, recordings, and their containers, shall be con-
spicuously marked with the assigned security classification.
(f) products or Substances: The assigned security classi-
fication shall be conspicuously marked on classified products or
substances, if possible,??and on their containers, if possible, or,
if the article or container catnot be marked, written notification
of such classification shall be furnished to recipients of such
products or substances.
(g) Reproductions:. -All copies
or reproductions?of classi-
fied material shall be appropriately marked or stamped ,n the
manner as'the original.
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30 - .
 Approved For Release 2000/09/14: CIA-RDP83-01022R000100940029-9
(h) Transmittal Documents: A transmittal document shall
carry on it a prominent notation as to the classification of the
information which is carried with it, and a legend showing the
classification of the transmittal document standing alone.
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 Approved For Rase 2000109114: CIA-RDP83-0122R000100040029-9
(1) Unclassified Material: Normally, unclassified mate-
rial shall, not- be marked or stamped "Unclassified" unless it
is essential to convey to a recipient of such material that it
has been examined specifically with a view to imposing a
security classification and has been determined,not'to require
such classification;
(j) Change or Removal of Classification: Except... as .pro-
vided in this subsection, whenever classified material is
downgraded, declassified or upgraded, the material shall be
promptly and conspicuously marked or stamped to indicate he
change, the authority for the action, the date of the action,
and the identity of the person or activity taking the action.
In addition, the old classification markings, wherever they
appear, if. practicable, but in any event on the first page,
shall be cancelled and the new, if any, substituted.
(1) In cases where classified material is downgraded
or declassified under the provisions of section 4 of the Order,
and is appropriately 'marked. with the schedule ,for downgrading
and declassification, such markings shall suffice to meet the
aforementioned requirements.
(2) in each case where the volume of material held by.
a custodian is such that prompt marking of each classified
item could.not be accomplished without interfering unduly
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31
 Approved For Refuse 2000/d9/f4 : CIA-RDP83-01 8000100040029-9
with the ccnduct of operations or without employing additional
personnel, such custodian may authorize and issue written
instructions governing the use of downgrading and declassifica-
tion notices in lieu of the markings and stamps otherwise
required. Such notices may be attached to the storage unit
containing the downgraded or declassified material.' They shall
specify the authority for the downgrading or declassification
action, the date of the action and the storage unit or units' to
which it
applies. The instructions shall insure that when
11
individual downgraded or declassified documents or other materials
are P withdrawn from storage units, except under the circum-
stances governed by paragraph (3) below, such documents or other
materials shall be promptly marked or stamped with the classi-
fication status, if any, of the information they contain.
(3) When documents or other materials subject to a down-
grading or declassification notice under paragraph (2) above
are withdrawn from onr:, storage unit for transfer to another, or
a storage unit containing such documents or other materials, is
transferred from one place to another, and time does not permit
the marking of each item, the transfer may be made if'-,the
notice is attached to or remains with each'shipmen-t.
.32-
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 Approved For Re vdse 2000109/14: CIA-RDP83-01 Q R000104040029-9
(k) In addition to the markings required elsewhere in
this section, one or more of the following warning notices shall
be prominently displayed on classified doctjnLnts or materials.
Where display of these warning notices on the documents or
materials is not feasible, the wa"rni.ng's shall be included in
the written notification of the assigned classification,
(l) For classified material containing Restricted '
Data as defined in the Atomic Energy Ict of 1954, as amended:
"RESTRICTED DATA
.This material contains Restricted'.Data as defined in.
the Atomic Energy Act of 1954, as amended. Access
is restricted to persons possessing the security'
'Clearance prescribed in the Act and requiring .such
access. in the performance of official duties. UL-
authorized reproduction and transmission of this
material is prohibited. Failure to comply with the
foregoing could result in the imposition of a fine
and/or ampri sorunent,
? action. `a
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dismissal or .other disciplinary
 Approved For Rvhease 2006/09/14: CIA-RDP83-0422R0Q0100040029-9
., 34
(2) For classified material containing Formerly
Restricted Data, as defined in section 142.d., Atomic Energy
Act of 1954, as amended:
"FOR ERLY RESTRICTED DATA
meaning of the espionage laws, Title 18, U.S.C.,
Secs. 793 and 794. Access is restricted to persons..
possessing the requisite security clearance and requiring
Handle as Restricted Data in foreign dissemination.
This material contains information relating ?to -the _~_." .
national defense of the United-States within the
such access in the performance of official duties.
Unauthorized reproduction and, transmission of this
material is prohibited. Failure to comply with the
foregoing could.result in the imposition of a fine and/or
imprisonment, di?sinissal or other disciplinary action."
(3) For classified material containing information
affecting national security other than, described',in'(1) and (2),
above:.
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 Approved For Rase 2000.109/14: CIA-RDP83-0-4022R00010 040029-9
"This material contains information affecting the
security of the United States. Access is restricted
to persons possessing the requisite security clearance.
and requiring such access in the performance of
official duties. Unauthorized possession, retention,
reproduction or transmission of this material is pro-
hibited. Failure'to comply with the foregoing could-
result in the imposition of a fine and/or imprisonment,
and, in the case of government personnel, dismissal or
other disciplinary action."
(4) For classified material containing sensitive
intelligence information, the following warning notice shall
be used, in addition to and in conjunction with those prescribed
in (1), (2), or (3), above, as appropriate...
"WARNINGG NOTICE-SENSITIVE
INTELLIGENCE SOURCES AND
.METHODS INVOLVED"
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 Approved For Release 2000/09/J4: CIA-RDP83; 01022R000100040029-9
.Section 6.' Custody and-Safekeeping: Classified information
,or material may be used, possessed, or stored only where there
are facilities adequate to prevent unauthorized persons from
gaining access to it. Whenever such information or material is
not under the personal supervisian of its custodian, the follow-
ing methods shall be used to protect it:'
(a) Storage of Top Secret Information and Material-;---.?Top .may
Secret information and material, shall be stored in a safe or
safe-type steel file container having a three-position dial-type
combination loc-,, vault or vault-type room, or other stor-age
facility which meets the standards established under the pro-
visions of (c), below, and which minimizes the possibility of
unauthorized access to, or the physical theft of,. such infor-
mation and material.
(b) Storage of Secret and Confidential Information and
Material: Secret and Confidential. information and material
may be stored in a mariner authorized for Top- Secret information
and material, or in a container or vault which meets the
standards established under the provisions of.(c), below.
(c) Establishment of Standards, Specifications and Supply
Schedule Ybr Security Equipment: The Administrator, General
Services Administration, or his-designee, shall, in coordination
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 Approved For Rele 2000/09/14?. CIA-RDP83-Q10000100040029-9
with the heads of agencies, or their designees,. establish and
publish the standards, specifications and supply-schedules for
containers, vaults, alarm systems and associated security
devices suitable for the storage and protection of .classified
material. However, nothing in this Order shall prevent the
head of any agency or his designee from establishing for the
use of such agency equal or more stringent standards. Whenever.
new security equipment is procured, it shall be in conformance
with the foregoing standards and specifications and shall., to
the maximum extent practicable, be of-the type designated on
the ,Federal. Supply Schedule, General Services Administration.
(d) Other. Protective Facilities: Heads of agencies
shall prescribe such protective facilities as maybe necessary
in their agencies for material originating under statutory
provisions requiring protection of certain information.
(e) Changes of 'Combinations to Security Equipment and De-
..vices: Combinations to security equipment and devices shall be
changed, only by persons having appropriate security clearance,
whenever such equipment`-is placed in'use after' p ocurement-from'
the manufacturer or other sources, whenever a person knowing the
37
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 Approved For RbWase 2000109 4 ;-CIA-RDP83-01 2R000100040029-9
combination is-transferred from the office to which the
equipment is assigned' or whenever the combinations has been
subjected to comprom/se, and at least once every year.
Knowledge of combinations shall be limited to the minimum
number of persons necessary for.operating purposes. Records
of combinations shall be classified no lower than "the hghest
category of classified information or material authori2ed'f6ie-
storage in the security equipment concdrned.
(f) Custodian's Responsibilities o Custodians of classified
c p.
material shall be responsible for providing protection and accounta-
bility for such material at all times and particularly for locking
classified material in approved security equipment whenever it is
not in use or under direct supervision.of authorized employees.
Custodians shall follow procedures which insure that unauthorized
persons do not gain access to classified information or material
by sight or sound, and.plassified information shall not be
discussed with or in the presence of unauthorized persons.
(g) Telecommunications Conversations: Classified informaa-
tion shall not be revealed in telecommunications conversations,
except as.may be authorized under Section 8 hereof with respect
to the transmission of classified information over,approved
communications circuits -or systems.
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39
(h) Loss or Subjection to Compromise: Any person in
the dxecutive branch who has knowledge of the loss or possible
compromise of classified information shall immediately report
the circumstances,to a designated official of his,agency who,
in turn, shall promptly notify the originating agency and any
other agencies known to have an interest in or that may?,.1ie ~~..
affected by the loss or possible compromise. That official
shall cause sufficient inquiry ta? be made to provide information
upon which to base corrective measures to preclude similar
losses, to assess damages, if appropriate, and take administrative,
disciplinary, or legal action as the case may indicate.
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?40
Section 7. Access; Dissemination and Accountability: The
following special rules shall be observed in connecEion with
access, dissemination of and accountability for classified
information and material:
(a) Limitations. on Access: Except as provided in (b),
below, the following limitations on access to classified..informa-
Lion or materi
l
h
a
s
all apply:
No person shall be given access to official information
or material classified under the.provisions of this Order
?
unless the head of an agency listed in section 2(a) or. (b)
or his designee has first made a determination of eligibility
.for such access pursuant to applicable statutes,:orders, and
implementing.r.egulations of the agency concerned. Each deter-
mination of eligibility for access to classified information
or material (security clearance) shall specify in writing the
lighest classification category to which it applies. Such an
eligibility deterrniin'ation shall not, by :itse'lf, ,automatically
entitle or authorize the person to whom it applies to have
access to any particular classified information or materials
In order to gain access to any particular classified information
or material, a person must,
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- 41 -.
in addition to possessing,a security clearance, be found to have
? M
a need for access to such information or material in connection
with his performance of official duties or contractual obligations.
the determination' of ? that need shall be made by officials possess-
ing and having responsibility for the safeguarding o,.. the classified
information or material invblvcd under the provisions- of'' this-'
Order. When these officials determine-that persons, though
eligible, no. longer hve a need for particular classified informa-
~
tion or material, they will take-appropriate action to insure
that access to such classified information or material on the
part of such persons is discontinued without prejudice to their
security clearance.
(b) Dissemination Outside the Executive Branch (General)
(1) Except as provided in Executive order 10865, but
subject to all other provisions of this Order; the head of an
agency lisCed in section, 2(a) or (b) or his designee may
f
authorize the dissemination of classified information or
mat' erial`oiits'ide" thexecutive?branch only when, prior to such
dissemination, a determination is made-by the authorizing
.official that:
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 Approved For Release 2000/09/14: CIA-RDP83-01022, R000100040029-9
- 42
knowledge or possession of such information
or material is required -by the intended recipient and is
consistent with the interest of national security;
by the intended recipient is determined to be
:trustworthy in accordance with the standards of the
disseminating agency concerned;
c. the intended recipient can and will safeguard
the information from unauthorized disclosure in a manner
consistent with the provisions of this Order; and
- d. the information or material involved will not
be further disseminated without the express permission of
the disseminating agency.
(2) When the official authorizing disspnlination of-
.classified information or material outside the executive branch
ti
makes the determination-prescribed in (1) above; he shall
certify in'writing that the intended recipient- of the informa-
tion or material meets the standards of'the agency concerned
"fdr"access 'to the particular cl p'ssi:fied 'informatio'n-or-material
identified in the certificate. Such certification shall entitle
...the intended recipient,to access only to the information or
material identified in it. It shall expire at the ,end of one
calendar year
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 Approved For Rc ase 2000/09/14: CIA-RDP83-O'IQ,22R000100 40029-9
from the date of issuance, but may be renewed by a certifying
Official upon his making the same determinations required for
its original issuance.
(c) Notwithstanding all of the foregoing provisions of
this section 7(b), heads of agencies listed in section 2(a)
and (b) shall establish procedures whereby, consistent with
all other provisions.of this Order, other orders and.-appl.icabl.&
statutes, classified information or material may be disseminated
to the Congress and.the judiciary conditioned on the need for'
such access inthe exercise of their official duties.
- Act) Persons who have previously occupied policy-making
positions to which they were appointed by.the President and
confirmed by the-Senate may, be granted access to classified
.informat:ion or, material without making the.-de termin'atio'n of
need otherwise required by subparagraph (b) (l)a. of this
Section. Access under this subsection shall be limited to
that information and material for, which the. former official,
while in ~ " ."
in federal emploment, was I tither ;primarily responsible
!.. , ,.,,for_ originating ..or .reviewing, or which., was prepared, for his
_?_
signature or addressed to him.
(e) lnfoL ation.Originating in Another Agency:" Except
as otherwise provided by section.102 of the National Security
til
.i
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 Approved For R? ease 2000109/'14: CIA-RDP83-0W,2R000100040029-9
Act of July 26, 1947, c. 343, 61 Stet. 498, as amended, 50 U.S.C.
sec. 403, classified information originating in another agency
(f)
Information or material bearing the no.tat.ion_. "WA tING
NOTICE - SENSITIVE INTELLIGENCE_ SOURCES AND METHODS INVOLVED",
-shall not be disseminated outside authorized channels or
released publicly in any manner without the permission of the
originating agency and an assessment by the appropriate
intelligence
shall .not- be disseminated outside the receiving agency without
the consent of the originating agency. Those portions of docu-
ments and material which contain.Top Secret information shall
not be reproduced without the consent of the originating agency.
chief as to the
to the intelligence sources
notices prescribed in section 5, paragraphs (k)(1) through
(3) shall not be disseminated outside authorized channels or
.released publicly'ir a'Ay manner without the permission of the
originating agency.
(h) Accountability Procedures:
Heads of agencies shall
prescribe such accountability procedures
as are necessary to-
.con Cro I effectively the disseminatioi- of classified' information
or material. Particularly stringent controls shall b-e placed
risk to the national security and
and methods involved.
(g) Documents or other material bearing the warning
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 Approved For Ret se 2000/99/j4: CIA-RDP83-019A'&02.R000100040029-9
on information or material classified Too Secret under this
Order. Top Secret Control Officers shall be designated, as
required, to receive, maintain current accountability records
of, and dispatch Top Secret: material.. A physical inventory
of all Ton Secret material shall be made at least annually
where such an inventory can be conducted without unduly inter-
fering with day-to--day*,operations. In cases where..the-. Top-... -
Secret material held is of such-large volume, as in the case
of the 'National Archives or other like records repositories
or libraries, that a 100-percent inventory cannot be conducted
.annually without. unduly interfering with day-today operations,
. .heads of agencies may .authorize procedures' which will assure
full accountability annually for at least all documents and
material to which access has been given in the past 12 months
and 10 percent of the remaining Top Secret inventory. Proper
control of other classified material, including current
accountability records for Secret material, shall be maintained
at all t::ines. The number of copies of documents containing
classified information shall be kept to a minimum to decrease
the risk of .compromise and the financial burden on the govern-
. v.
ment ment of protecting such documents.
45
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 SM.rgyeg.For, JpMp.,2110
1409/1 c~~~~ 4s~r- ? 9 2~ ~~~4 ~2 "9 .
department or agency, information or material classified under
the provisions of this Order shall be prepared and transmitted
'as follows:
(a) Preparation for Transmission: Such material shall be
enclosed in opaque inner and outer covers. The,inner cover shall
be a sealed wrapper or envelop.c plainly marred with the assigned
classification and address. The outer cover shall. be. sealed, -and
addressed with no indication of the classification of its contents.
A receipt shall be attached to-or enclosed in the inner cover,
except that Confidential material shall require a receipt only if
the sender deems it necessary. The receipt shall identify the
addressor, addressee, and the document, but .shall. contain no
classified information. It shall be signed by the recipient and
returned to the sender.
ALTERNATIVE I
(b) Transmitting Top Secret Material: The transmission of
Top Secret material shall be effected preferably by direct contact
of officials concerned,:, or, alternatively, by specifically de-
signated personnel, by State 'Department, diplomatic pouch, by a
messenger-courier system especially cr.eated.for that purpose, over
communications circuits in encrypt.ed form as may be authorized by
the United States Comniunicati_ons Security Board or .by other means
authorized by the National Security Council; except that in the . .
case of information transmitted by the Federal Bureau of Invest~i-
gatra o n , A p p r o v e ' ~ o r Refease~ W V 9 1 4 1 1 d T A Y R 6 P 8 ~ - V l v 2 ~ A O W 6 08 '6 'E
A1.
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by the Director, Federal Bureau of Investigation, unless express
reservation to the contrary is made in exceptional cases by the
originating agency.
ALTERNATIVE II
,(b) Transmitting Top SecreE Material:. The transmission of
Top Secret material shall be effected preferably by direct
contact of 'officials concerned, or, alternatively,..by ..,
;specifically designated personnel, by State Department
diplomatic pouch, by a messenger-courier system especially
created for that purpose, over communications circuits in
encrypted form as may be authorized by the United States Com-
munications Security Board or by other means authorized by
the National Security Council except. that couriers and
..officials designated to transport Top Secret information,
other than Department of State Diplomatic Couriers, shall not
travel on commercial passenger aircraft on international
flights unless authorized by the head of an agency or his
designee. In the case of information;transmitted by the
Federal Bureau of Investigation,--such means of transmission
may be used as are approved by the Director, Federal Bureau
of Investigation,'unless express reservation to the contrary
is made in exceptional cases by the originating agency.
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47
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(c) Transmitting Secret Information and Material:
(1) Within the forty--eight contiguous states.
Secret information and material may be trans-
mitted within and between the forty-eight contiguous states
and District of Columbia, or wholly within the State of
Hawaii, the State of Alaska
Rico by:
or the Commonwealth of Puerto
a. One of the means authorized for Top
Secret information and material
br
. mail
The United States Postal Service registered
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47a ~?
 Approved ForIease 2000/09/14: CIA-RDP83+1022R000100040029-9
c. Postal services of the military departments
d.
Protective services provided by air or surface
commercial. carriers under such conditions as.may"be prescribed by
the head of the department or agency concerned.
(2) Other Areas. Secret information and material may be
transmitted from or to or within areas other than those specified
in (c) by.
a. one of th-e means established for Top Secret'
information and material;
b, captains or masters 'Of vessels of United States
registry under contract to the department or agency concerned;
c. United States registered mail. through Army, Navy,
or Air Force Postal Service facilities provided that material does
not at any time pass out of United States government and United
States citizen control and does not pass through a foreign posta1
system;
d. commercial aircraft under 'charter to the United
States and military or other government aircraft.
(3)
Between United States Government or Canadian'Govern?-
Trent Installations: Secret information and material may be trans-
matted between United States gover.iznient or* Canadian government in-
stallations,
or both, in the forty-eight contiguous states, the
District of Columbia and Canada by United States and Canadian
registere4 eIUdWkRU&6tf6 W09'FI4I- 0WIR M-01022R000100040029-9
(4) Electrical Communication Circuits. Secret
 a r y Eq,IRea 2 Q 14~ : dfb9DFWQj02R.f @IOQVW4Q029t ica Lions
circuits in eacryptcd form authorized by the United States
Communications Security Board or as otherwise authorized by
the National Security Council.
(5) Other means of transmission. Heads of agencies
or their designees for that purpose may authorize the use of
a the United States-Postal Service registered mail outside of
the forty-eight continguous states, the District of Columb"ia,
the State of Hawaii, the State- of Alaska, and the Commonwealth
of Puerto Rico if warranted by security conditions and essential
operational requirements provided that the material does not
at any time pass out of United States government and United
States citizen control and does not pass through,a foreign.
postal system.
(d) Transmitting Confidential Information and Material:
Confidential information and material shall be transmitted
within the forty-eight contiguous states and the District of
Columbia, or wholly within Alaska, Hawaii, the Commonwealth
of Puerto.Rico, or a United States possession, by one of the
means established for higher. c1assiications, or by certified
mail. Outside -these areas confidential information.and
material shall. be' transmitted in the same manner as authorized
for higher classifications.
(e) ' Within an Agency: Preparation of classified material
forApprom&d.Ebb ReleasW20f.UI(I9hl yChR-*RdDPMt=91 A l2JRa@OtOOO40029-9
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50
agency shall be governed by regulations, issued by the head
of the agency, insuring a degree of security equivalent to
that outlined above for transmission outside an agency.
(f) The head of any agency having authority to'originally
classify information or material as "Confidential," may, in
the exercise of his discretion, by rule or regulation provide..
alternate or additional methods for the transmission of
material classified "Confidential".outside of the agency.
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Section 9. Disposal and Destruction: Documentary record
material made or received by a department or agency in connection
with transaction of public business and preserved as evidence of
the organization, policies, operations, decisions, procedures or
other activities of any agency of the government, or because of
the informational value of the data contained therein, may be
destroyed only in accordance-with a pl cable statutes. Non-
record classified material, consisting of extra copies and
duplicates including shorthand notes, preliminary drafts, used
carbon paper, and other material. of similar temporary nat'Ore,
.-Pay be destroyed as soon as it has served its purpcise, under
...procedures established by the head of the agency which meet
the following requirements:
(a) Methods of,Destruction: Classified material shall be
completely destroyed by appropriate methods authorized by the
-head of each agency. ?:
.(b) Records of Destruction: Appropriate accountability
records maintained in the agency shall reflect the destruction'
of classified material,
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Section 10. Implementation and Review Responsibilities:
(a) To promote the basic purposes of this Order, the head
of each agency originating or handling classified information or
material shall designate, from within available resources:
(1) A. member or member; of?his staff who shall conduct
a continuing review. of the implementation of this Order within
the agency concerned to insure that all information. classified
inreliance'on this Order i6 properly classified, downgraded'.'and
declassified, and to insure that classified information or material
is properly safeguarded in conformity-herewith.
(2) Experienced persons to coordinate and supervise the
activities applicable to their agencies under this Order. Persons
so designated shall be authorized on behalf of the heads of
agencies to establish adequate and active programs to the end
that the provisions-of this Order are administered effectively.
(b) The head of each agency shall assure that active train-
. ... ..
ing and orientation pi'ggrams are established and maintained for
employees concerned with cla'ssifi.ed information'or material.
Such programs shall include, as a minimum, ..the briefing of
new employees and periodic reorientation during employment
to impress upon each his individual responsibility.-for exercising
vigilance and care in complying with the provisions of this Order..
Additionally, upon termination of employment: or contemplated
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52 -
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te;,,.porary separation for a si)cty-day period or more, e .ployees
shall be debriefed and each reminded of the provisions of
Title 18, U.S.C., sections 793 and 794 and other applicable
statutes or orders relating to penalties for unauthorized dis-
closure. Each such employee shall also be impressed with his
individual responsibilities with respect to the requirement
for continued protection of the classified material to which
he has had access.
(c) The National Security Council shall conduct a con-
tinuing review of the implementation of this Order to insure
that classified information or material is properly safeguarded
in conformity herewith.
(d) (ALTERNATE l) The President shall designate a member
of-the executive branch who shall be chairman of an inter-
agency coL-mittee composed of representatives of such agencies
which originate or receive classified information and material,
and of such other agencies in the executive branch, as the
President shall designate. Each member of the Committee shall
at the time of his appointment be authorized to. have access,
to "Top Secret" information and material. This Committee
shall meet regularly, and shall. make recommendations to the
President to insure compliance with the . provisions' of this
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 .!
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Order. The Committee shall review suggestions or complaints
.from persons within or without the executive branch of the
federal., government with respect to the administration of this
Order. The Committee chairman may, at his discretion, seek
advice from persons outside the government in assisting the
Committee to discharge its functions. Upon the ommittee's
request,, any agency shall furnish to the Committee , any..
particular documents which it has classified, The Committee,
in handling classified document's which it has received from.
other agencies, shall., comply with restrictions contained ion
this Order relating to classified material.
(d) (ALTERNATE II) The President shall designate a
member of his staff who shall chair an interagency committee
composed of representatives of all departments, agencies, and
governmental units which originate or receive classified
information and material.
This Committee shall on a continu-
ing basis review and take action to ensure compliance with
this Order, The Committee further shall receive, consider,
and-take action upon suggestions-or complaints from non-
governmental sources relating to the operation of this.Order..
The Committee chairman may at his discretion seek advice
from the academic or'other.non--governmental areas in the
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functioning of the Committee.
(d) (ALTERNATE III) The President shall designate a
member of the executive branch who shall chair an interagency
committee composed of representatives of the Departments of
State, Defense and Justice, the Atomic Energy Commission,
the Central Intelligence Agency, and such other agencies in..
the executive branch as the President shall designate. This
committee shall on a continuing- basis review and take action
to ensure compliance with this Order. [with particular
reference to the objective of keeping citizens informed to
the maximum extent possible consistent with protecting infor-
mation the release of which would be inimical to the national
security interests of the United States.] -The committee
shall further receive, consider, and take action on sugges-
tions or complaints from persons within or without the
executive branch relating to the operation of this Order. The
committee chairman may, at his discretion, seek advice from
persons outside the government in assisting the committee to
discharge its functions. Upon the committee's request,
an agency shall furnish to the Committee any particular
documents or materials it has classified..
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(e) The Attorney General, upon request of the head of an
agency or his duly designated representative, shall personally
or through authorized representatives of the Department of
justice render an interpretation of this Order with respect to
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 57
.Section 12. "Restricted Data; " Material Formcrly Designated
as "Restricted Data,-!1 Communications Intelligence, Crypto-
graphy,'and Intelligence Sources and Methods:
(a) Nothing in this order shall supersede any requirements
made by or under the Atomic Energy, Act of August 30, 1954, as
I.1?
amended. "Restricted Data, " fnd material formerly 'designated as
"Restricted Data, " shall be handled, protected, classified, down-
graded, and declassified in conformity with the provisions of the
? Atomic Energy Act of 1954, as amended, and the regulations of
the Atomic Energy Commission.
(b) Nothing in this Order shall prohibit any special require-
ments that the originating agency or other appropriate authority
may impose with respect to the protection of communications
intelligence, cryptography, 'ititelligencc sources and me,thods, and
matters related theret9. .
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? Approved For We 2e Rt1 f S U DP83 22R000 00040029-9 '
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yof2 of~F1C1i . USE ONLY
Section 13: Combat Opcra~.tions: The provisions of this
Order with regard to dissemination, transmission, or safekccping
of classified information or material may be so modified
in connection with combat or combat-related operations as the
Secretary of Defense may by regulations prescribe.
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- 1022R000100040029-9
`~
..,
il o f;\CAAL USE ONI.
~0~
 Approved For ReI a 200~ff! .IdII_. -f 116 p10 8000100040029-9
59
Section 14. Exceptional Cases: When, in an exceptional
case, a person or agency not authorised to classify information
originates information which is believed to regyuire classification,
such person or agency shall protect that information irl the manner
prescribed by this Order for that category of classified information
into which it is believed to 'fall, and shall transmit the information
forthwith, under appropriate safeguards to the agency
or person having both the authority to'classify information and a
direct official interest in the information (preferably that.
? agency or person to which the information would be transmitted
.in the ordinary course of business),. with a request that
such agency or person make a de`texmination.as to classification.
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 Approved For1Iease 2000/09/14: CIA-RDP8322R000 00040029-9
FOR CFI ICIAL USE ONL
_60-.
Section 15. Unauthorized Disclosure by government
Personnel:
A. The head of each department and agency is directed
to take prompt and stringent administrative action against any
officer or employee of the United States, at any level of employment,
determined to have been knowingly responsible for'ah release-or
disclosure of classified national security information or material
except in the rhanner authorized by this :order, and where a violation
of criminal statutes may be involved, to refer promptly to the
Department of justice any such case.
B. Criminal Sanctions. The Committee believes that there
are three options available to the President insofar as the alteration
of existing criminal sanctions against unauthorized disclosure of
classified information ar,e concerned. These alternatives are as
follows s
I. Leave existing law unchanged.
2. Amend 18 U. S. C. 783(b), which presently
makes it a criminal offense for any United States
employee or official to disclose classified informa-
tion to a foreign agent, as follows: (a) by deleting the
requirement that the disclosure be to a foreign agent.
The crime would then consist of disclosure classified
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60a -
information to. an unauthorized person by a government
employee; (b) by adding the requirement that the classifi-
cation assigned must have been either "SECRET" or
'STOP SECRET.
3. In addition to the type of legislation described
in the preceding paragraph, seek legislation nearly-
coextensive with the British Official Secrets Act, which
would impose criminal penalties not only on, the employee
who divulges the classified information, but on the
recipient of the information.
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FOR USE ONLY
61
Section 16.'. Revocation of Executive Order No. 410501:
. revoked as of the affective date of this Order.
Executive Order No. 1b501 of November 5, 1953, as amended, is
FOR MUM SLE .., ..
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"low
f .
FOfl OFFICIAL USE ONLY
- 62
Section 17. Effective Date; This Order shall become
effective on and after the first day of the fourth ealendax month
commencing after the date of the Order.
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