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(4) Restraint on Reproduction. Documents or portions of documents containing Top Secret information shall not be reproduced without the consent of the originating office. All other classified material shall be reproduced sparingly and any stated prohibition against reproduction shall be strictly adhered to.

(5) Restraint on Number of Copies. The number of copies of documents containing classified information shall be kept to a minimum to decrease the risk of compromise and reduce storage costs.

VII. DATA INDEX SYSTEM

Each Department originating classified information or material shall undertake to establish a data index system for Top Secret, Secret and Confidential information in selected categories approved by the Interagency Classification Review Committee as having sufficient historical or other value appropriate for preservation. The index system shall contain the following data for each document indexed: (a) Identify of classifier, (b) Department of origin, (c) Addressees, (d) Date of classification, (e) Subject/Area, (f) Classification category and whether subject to or exempt from the General Declassification Schedule, (g) If exempt, which exemption category is applicable, (h) Date or event set for declassification, and (i) File designation. Information and material shall be indexed into the system at the earliest practicable date during the course of the calendar year in which it is produced and classified, or in any event no later than March 31st of the succeeding year. Each Department shall undertake to establish such a data index system no later than July 1, 1973, which shall index the selected categories of information and material produced and classified after December 31, 1972.

VIII. COMBAT OPERATIONS

The provisions of the Order and this Directive with regard to dissemination, transmission, or safekeeping 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.

IX. INTERAGENCY CLASSIFICATION REVIEW COMMITTEE

A. Composition of Interagency Committee. In accordance with Section 7 of the Order, an Interagency Classification Review Committee is established to assist the National Security Council in monitoring implementation of the Order. Its membership is comprised of senior representatives of the Department of State, Defense, and Justice, the Atomic Energy Commission, the Central Intelligence Agency, the National Security Council staff, and a Chairman designated by the President.

B. Meetings and Staff. The Interagency Committee shall meet regularly, but no less frequently than on a monthly basis, and take such actions as are deemed necessary to insure uniform compliance with the Order and this Directive. The Chairman is authorized to appoint an Executive Director, and to maintain a permanent administrative staff.

C. Interagency Committee's Functions. The Interagency Committee shall carry out the duties assigned it by Section 7(A) of the Order. It shall place particular emphasis on overseeing compliance with and implementation of the Order and programs established thereunder by each Department. It shall seek to develop means to (a) prevent overclassification, (b) ensure prompt declassification in accord with the provision of the Order, (c) facilitate access to declassified material and (d) eliminate unauthorized disclosure of classified information.

D. Classification Complaints. Under such procedures as the Interagency Committee may prescribe, it shall consider and take action on complaints from persons within or without the government with respect to the general administration of the Order including appeals from denials by Departmental Committees or the Archivist of declassification requests.

X. DEPARTMENTAL IMPLEMENTATION AND ENFORCEMENT

A. Action Programs. Those Departments listed in Section 2 (A) and (B) of the Order shall insure that adequate personnel and funding are provided for the purpose of carrying out the Order and Directives thereunder.

B. Departmental Committee. All suggestions and complaints, including those regarding overclassification, failure to declassify, or delay in declassifying not otherwise resolved, shall be referred to the Departmental Committee for resolution.

In addition, the Departmental Committee shall review all appeals of requests for records under Section 522 of Title 5 U.S.C. (Freedom of Information Act) when the proposed denial is based on their continued classification under the Order.

C. Regulations and Reports. Each Department shall submit its proposed implementing regulations of the Order and Directives thereunder to the Chairman of the Interagency Classification Review Committee for approval by the Committee. Upon approval such regulations shall be published in the FEDERAL REGISTER to the extent they affect the general public. Each Department shall also submit to the said Chairman (1) copies of the record lists required under Part I.D. hereof by July 1, 1972 and thereafter quarterly, (2) quarterly reports of Departmental Committee actions on classification review requests, classification abuses and unauthorized disclosures, and (3) provide progress reports on information accumulated in the data index system established under Part VII hereof and such other reports as said Chairman may find necessary for the Interagency Classification Review Committee to carry out its responsibilities.

D. Administrative Enforcement. The Departmental Committees shall have responsibilities for recommending to the head of the respective Departments appropriate administrative action to correct abuse or violation of any provision of the Order or Directives thereunder, including notifications by warning letter, formal reprimand and to the extent permitted by law, suspension without pay and removal. Upon receipt of such a recommendation the head of the Department concerned shall act promptly and advise the Departmental Committee of his action.

Publication and Effective Date: This Directive shall be published in the FEDERAL REGISTER and become effective June 1, 1972.

APPENDIX A

HENRY A. Kissinger,
Assistant to the President for
National Security Affairs.

PROTECTION OF CLASSIFIED INFORMATION

A. Storage of Top Secret. Top Secret information and material shall be stored in a safe or safe-type steel file container having a built in three-position dial-type combination lock, vault, or vault-type room, or other storage facility which meets the standards for Top Secret established under the provisions of (C) below, and which minimizes the possibility of unauthorized access to, or the physical theft of, such information or material.

B. Storage of Secret or Confidential. Secret and Confidential material may be stored in a manner authorized for Top Secret information and material, or in a container or vault which meets the standards for Secret or Confidential, as the case may be, established under the provisions of (C) below.

C. Standards for Security Equipment. The General Services Administration shall, in coordination with Departments originating classified information_or_material, establish and publish uniform standards, specifications and supply schedules for containers, vaults, alarm systems and associated security devices suitable for the storage and protection of all categories of classified information and material. Any Department may establish for use within such Department 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. Exception to Standards for Security Equipment. As an exception to (C) above, Secret and Confidential material may also be stored in a steel filing cabinet having a built in, three-position, dial-type combination lock; or a steel filing cabinet equipped with a steel lock bar, provided it is secured by a GSA approved changeable combination padlock.

E. Combinations. Combinations to security equipment and devices shall be changed only by persons having appropriate security clearance, and shall be changed whenever such equipment is placed in use, whenever a person knowing the combination is transferred from the office to which the equipment is assigned, whenever a combination has been subjected to possible compromise, 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 highest category of classified information or material authorized for storage in the security equipment concerned.

F. Telecommunications Conversations. Classified information shall not be revealed in telecommunications conversations, except as may be authorized under Appendix B with respect to the transmission of classified information over approved communications circuits or systems.

G. Responsibilities of Custodians. Custodians of classified material shall be responsible for providing protection and accountability 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 persons. Custodians shall follow procedures which insure that unauthorized persons do not gain access to classified information or material by sight or sound, and classified information shall not be discussed with or in the presence of unauthorized persons.

APPENDIX B

TRANSMISSION OF CLASSIFIED INFORMATION

A. Preparation and Receipting. Classified information and material shall be enclosed in opaque inner and outer covers before transmitting. The inner cover shall be a sealed wrapper or envelope plainly marked 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 sender, addressee, and the document, but shall contain no classified information. It shall be signed by the recipient and returned to the sender.

B. Transmission of Top Secret. The transmission of Top Secret information and material shall be effected preferably by oral discussions in person between the officials concerned. Otherwise the transmission of Top Secret information and material shall be by specifically designated personnel, by State Department diplomatic pouch, by a messenger-courier system especially created for that purpose, over authorized communications circuits in encrypted form or by other means authorized by the National Security Council; except that 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 Department.

C. Transmission of Secret. The transmission of Secret material shall be effected in the following manner.

(1) The Fifty States, District of Columbia, Puerto Rico. Secret information and material may be transmitted within and between the forty-eight contiguous states and Distruct of Columbia, or wholly within the State of Hawaii, the State of Alaska, or the Commonwealth of Puerto Rico by one of the means authorized for Top Secret information and material, the United States Postal Service registered mail and protective services provided by the United States air or surface commercial carriers under such conditions as may be prescribed by the head of the Department concerned.

(2) Other Areas, Vessels, Military Postal Services, Aircraft. Secret information and material may be transmitted from or to or within areas other than those specified in (1) above, by one of the means established for Top Secret information and material, captains or masters of vessels of United States registry under contract to a Department of the Executive Branch. 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 citizen control and does not pass through a foreign postal system, and commercial aircraft under charter to the United States and military or other government aircraft.

(3) Canadian Government Installations. Secret information and material may be transmitted between United States Government or Canadian Government installations, or both, in the forty-eight contiguous states, Alaska, the District of Columbia and Canada by United States and Canadian registered mail with registered mail receipt.

(4) Special Cases. Each Department may authorize the use of the United States Postal Service registered mail outside the forty-eight contiguous states, the District of Columbia, 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. Transmittal of Confidential. 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 classifications, or by certified or first class mail. Outside these areas, Confidential information and material shall be transmitted in the same manner as authorized for higher classifications.

E. Alternative Transmission of Confidential. Each Department having authority to classify information or material as "Confidential" may issue regulations authorizing alternative or additional methods for the transmission of material classified "Confidential" outside of the Department. In the case of material originated by another agency, the method of transmission must be at least as secure as the transmission procedures imposed by the originator.

F. Transmission Within a Department. Department regulations governing the preparation and transmission of classified information within a Department shall ensure a degree of security equivalent to that prescribed above for transmission outside the Department.

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Subpart B-National Security Information or Materiai Reports

Original classification authorities.

Classification abuses.

Unauthorized disclosures.

Mandatory declassification review actions.

2000.10

2000.11

2000.12

2000.13

2000.14

Annual review lists.

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2000.17

Quarterly summary.

Listing of national security material requiring protection beyond 30 years.

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Authority: Sec. 7 Executive Order 11652 unless otherwise noted.

Source: 41 FR 6068, Feb. 11, 1976; 41 FR 22268, June 2, 1976, unless otherwise noted.

§ 2000.1 Purpose.

SUBPART A-GENERAL

The purpose of this regulation is to prescribe

(a) The urisdiction and appeals procedures of the Interagency Classification Review Committee (ICRC); and

(b) Procedures and reports for quarterly, annual and special reporting by Departments to the ICRC.

§ 2000.2 Scope.

This regulation applies to all offices of the Executive Branch and Federal Departments which are authorized to originate classified material.

1 38 FR 22624, Aug. 23, 1973.

§ 2000.3 Jurisdiction.

The ICRC is authorized to

(a) Ensure compliance with the provisions of Executive Order 11652, and implementing directives issued by the President through the National Security Council;

(b) Receive, consider, and take action on suggestions and complaints from persons within or without the Government with respect to the administration of the order; and

(c) Consider and act on appeals from a determination by a Departmental Committee or the Archivist of the United States that information or material classified by action taken pursuant to Executive Order 11652, or its predecessor orders, requires continued classification under section 5 of Executive Order 11652.

SUBPART B-NATIONAL SECURITY INFORMATION OR MATERIAL REPORTS

§ 2000.10 Original classification authorities.

(a) The number of officials who have been designated as original Top Secret, Secret, and Confidential classification authorities pursuant to sections 2(A) and 2(B) of Executive Order 11652, as amended, must be reported to the ICRC quarterly by using Standard Form 244.

(b) The report must

(1) Be typed and submitted in triplicate;

(2) Not contain any classified information; and

(3) Be Submitted no later than 30 calendar days after the end of each calendar quarter.

(c) Paragraph (a) of this section does not dispense with the provisions of section ID of the National Security Council Directive requiring a list of authorized classifiers to be maintained by each Department. The requirements of section XC of the NSC directive pertaining to the quarterly submission of lists of authorized classifiers shall be deemed satisfied upon the receipt of the SF 244, provided the Department is capable of providing prompt access to the current lists upon the request of the Chairman or the Executive Director.

§ 2000.11 Classification abuses.

(a) A classification abuse means-
(1) An unnecessary classification;
(2) An over or under classification;

(3) A failure to assign the proper downgrading and declassification markings; (4) An improper application of classification markings;

(5) An improper placing of a document in an exempt declassification category; (6) A classification exemption action taken without proper authority; and (7) An improper delegation of classification authority.

(b) A reportable abuse means any of the actions described in paragraph (a) of this section except any such action which results exclusively from a decision on a judgmental factor as to which there exists a reasonable and good faith basis for disagreement.

(c) A reportable abuse which becomes known during the reporting period, including an abuse which is the result of an appropriate Departmental inspection program, must be reported to the ICRC quarterly by using Standard Form 322. Three typewritten copies of SF 322 must be submitted no later than 30 calendar days after the end of each calendar quarter. The report must not contain any classified information.

§ 2000.12 Unauthorized disclosures.

(a) An unauthorized disclosure is a communication or physical transfer of information or material to an unauthorized person.

(b) A reportable unauthorized disclosure means the deliberate or inadvertent release of classified information which warrants formal investigation and such investigation confirms that an important disclosure did occur.

(c) Reportable unauthorized disclosures must be reported

(1) To the ICRC quarterly by using Standard Form 323; and

(2) In triplicate, no later than 30 calendar days after the end of each calendar year quarter.

§ 2000.13 Mandatory declassification review actions.

Summary information concerning all requests and appeals for mandatory declassification review of classified documents over 10 years old must be submitted, in

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