remedial action should be taken, he shall refer the statement to the Director, through the Counselor for the Office designated pursuant to 1300.735-6, with his recommendation for such action. The Director, after consideration of the employee's explanation and such investigation as he deems appropriate, shall direct appropriate remedial action if he deems it necessary.

(b) Remedial action pursuant to paragraph (a) of this section may include, but is not limited to:

(1) Changes in assigned duties.

(2) Divestment by the employee of his conflicting interest.

(3) Disqualification for a particular action.

(4) Exemption pursuant to paragraph (b) of § 1300.735-9 or paragraph (d) of 1300.735-12.

(5) Disciplinary action.

APPENDIX A

HOUSE CONCURRENT RESOLUTION 175, 85TH CONGRESS, 2D SESSION

Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that the following Code of Ethics should be adhered to by all Government empoyees including officeholders:

CODE OF ETHICS FOR GOVERNMENT SERVICE

Any person in Government service should: 1. Put loyalty to the highest moral principles and to country above loyalty to persons, party or Government department.

2. Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion.

3. Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort and best thought.

4. Seek to find and employ more efficient and economical ways of getting tasks accomplished.

5. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties.

6. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty.

7. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties.

8. Never use any information coming to him confidentially in the performance of

The authority to originally classify information or material under these regulations will be limited to those officials concerned with matters of national security. The following officials are granted authority by the Director to assign originally the top secret, secret, or confidential classifications to information relating to national security or foreign relations of the United States: Deputy Director; Associate Director; Assistant Director for Economic Science and Technological Affairs; and Assistant Director for National Security and International Affairs; Chief, International Programs Division; and Chief, National Security Programs Division. The Chief, Economic Science and Technology Pro

grams Division is granted authority to assign originally the secret and confidential classifications to such information. The confidential classification may be assigned originally by the deputy chiefs of the above named program divisions, plus such assistant chiefs of those divisions as may be designated in writing by the Director. The classifier of information or material will insure that the information meets the test for that classification. If any substantial doubt exists as to which classification category is appropriate, or as to whether the material should be classified at all, he should designate the less restrictive category. § 1301.3 Downgrading and declassification.

Classified information and material will be downgraded or declassified as soon as there are no longer any grounds for continued classification within the classification categories set forth in the order. At the time of origin the classifier will, whenever possible, clearly mark on the information or material a specific date or event upon which downgrading or declassification will occur. Whenever earlier dates or events cannot be determined, the general declassification schedule will apply.

(a) Declassification of classified material after 10 years. All information or material, classified before or after June 1, 1972, and exempted from the general declassification schedule, shall be subject to mandatory classification review at any time after the expiration of 10 years from the date of origin.

(b) Atomic energy material, restricted data, and intelligence and cryptography. Nothing in these regulations will supersede any requirements made by or under the Atomic Energy Act. Restricted data, and material designated formerly restricted data, will be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act and the regulations of the Atomic Energy Commission. Further, nothing in these regulations will prohibit compliance with any special requirements that another department or agency may impose as to classified material or information relating to communications intelligence, cryptography, and related matters originated by the department or agency.

§ 1301.4

Review of classified material for declassification purposes.

(a) Systematic reviews. All information and material classified by the Office after June 1, 1972 and evaluated under 44 U.S.C. 2101-2144 as being of sufficient historical or other value to warrant preservation, will be systematically reviewed on a timely basis for the purpose of making such information and material publicly available in accordance with the declassification determination made by the classifying authority. During each year each division and major organizational element within the Director's office will segregate to the maximum extent possible all such information and material warranting preservation and becoming declassified at or prior to the end of such year. Promptly after the end of such year, the records officer will make the declassified information and material available to the public to the extent permitted by law.

(b) Mandatory review of material over 10 years old. All classified information and material specified in § 1301.3 (a), above, will be subject to a classification review provided:

(1) A department or agency of the Government, or a member of the public requests the review;

(2) The request is in writing and describes the classified information or material sufficiently to enable the Office to identify it;

(3) The classified information or material can be obtained with only a reasonable amount of effort.

(i) Deficient requests. When the description in a request is deficient the requester should be asked to provide as much additional information as possible. Before denying a request on the grounds that the information or material is not available with a reasonable amount of effort, the requester should be asked to limit his request to information or material that is reasonably obtainable. If the requester then fails to describe the information or material he seeks sufficiently to enable identification, or it cannot be obtained with a reasonable amount of effort, the requester will be notified of the reasons why no action can be taken and of his right to appeal the decision to the Office Review Committee.

(ii) Procedure. Requests for classification review under this section should be directed to the Records Officer, Office of

Management and Budget, Washington, D.C. 20503. The Records Officer will assign the request to the appropriate office or division within the Office for action, and the latter will immediately acknowledge receipt of the request to the requester in writing. The action office or division will thereafter make a determination within 30 days of receipt of the request or explain to the requester the reasons why further time is necessary. If at the end of 60 days from receipt of the request for review no determination has been made, the requester may apply to the Office Review Committee, Office of Management and Budget, Washington, D.C. 20503, for a determination. If the action office or division determines that continued classification is required, the requester will promptly be notified, and, whenever possible, provided with a brief statement as to why the requested information or material cannot be declassified. The requester may appeal any such determination to the Office Review Committee and the notice of determination will advise him of this right. If, after appeal, the Office Review Committee determines that continued classification is required, it will promptly so notify the requester and advise him that he may appeal the denial to the Interagency Review Committee.

formation or material, the burden of proof rests with the originating agency to show that continued classification is warranted under the terms of the order. § 1301.6 Availability of declassified material.

Upon a determination under these regulations that the requested material no longer warrants classification, it shall be declassified and made promptly available to the requester, if not otherwise exempt from disclosure under section 552(b) of title 5 U.S.C. (Freedom of Information Act) or other provisions of law. § 1301.7 Access by historical researchers.

(a) Persons outside the executive branch engaged in historical research projects may be authorized access to classified information or material provided the Director determines that:

(1) Access is clearly consistent with the interests of national security;

(2) The information or material requested is reasonably accessible and can be located and compiled with a reasonable amount of effort; and

(3) The researcher agrees to adequately safeguard the information and to authorize a review of his notes and manuscript for the sole purpose of determining that no classified information is contained therein.

(b) Requests from historical researchers to Office of Management and Budget for classified information or material will be directed to the Records Officer.