THE PRESIDENT formation shall be marked with its assigned security classification and whether it is subject to or exempt from the General Declassification Schedule. (1)For marking documents which are subject to the General Declassification Schedule, the following stamp shall be used: (TOP SECRET, SECRET OR CONFIDENTIAL) classified SUBJECT TO GENERAL DECLASSIFICATION SCHEDULE OF (2) For marking documents which are to be automatically declassified on a given event or date earlier than the General Declassification Schedule the following stamp shall be used: (TOP SECRET, SECRET OR CONFIDENTIAL) CLASSIFIED BY AUTOMATICALLY DECLASSIFIED ON (effective date or event) (3) For marking documents which are exempt from the General Declassification Schedule the following stamp shall be used: (TOP SECRET, SECRET OR CONFIDENTIAL) CLASSIFIED BY EXEMPT FROM GENERAL declassiFICATION SCHEDULE OF EXECUTIVE ORDER 11652 EXEMPTION CATEGORY (5B (1), (2), (3), or (4)) AUTOMATICALLY DECLASSIFIED ON (effective date or event, if any) Should the classifier inadvertently fail to mark a document with one of the foregoing stamps the document shall be deemed to be subject to the General Declassification Schedule. The person who signs or finally approves a document or other material containing classified information shall be deemed to be the classifier. If the classifier is other than such person he shall be identified on the stamp as indicated. The "Restricted Data" and "Formerly Restricted Data" stamps (H. below) are, in themselves, evidence of exemption from the General Declassification Schedule. B. Overall and Page Marking of Documents. The overall classification of a document, whether or not permanently bound, or any copy or reproduction thereof, shall be conspicuously marked or stamped at the top and bottom of the outside of the front cover (if any), on the title page (if any), on the first page, on the back page and on the outside of the back cover (if any). To the extent practicable each interior page of a document which is not permanently bound shall be conspicuously marked or stamped at the top and bottom according to its own content, including the designation "Unclassified" when appropriate. C. Paragraph Marking. Whenever a classified document contains either more than one security classification category or unclassified information, each section, part or paragraph should be marked to the extent practicable to show its classification category or that it is unclassified. FEDERAL REGISTER, VOL. 37, NO. 98-FRIDAY, MAY 19, 1972 10057) D. Material Other Than Documents. If classified material cannot be marked, written notification of the information otherwise required in markings shall accompany such material. E. Transmittal Documents. A transmittal document shall carry on it a prominent notation as to the highest classification of the information which is carried with it, and a legend showing the classification, if any, of the transmittal document standing alone. F. Wholly Unclassified Material Not Usually Marked. Normally, unclassified material shall not be marked or stamped "Unclassified" unless the purpose of the marking is to indicate that a decision has been made not to classify it. G. Downgrading, Declassification and Upgrading Markings. Whenever a change is made in the original classification or in the dates of downgrading or declassification of any classified information or material it shall be promptly and conspicuously marked to indicate the change, the authority for the action, the date of the action, and the identity of the person taking the action. In addition, all earlier classification markings shall be cancelled, if practicable, but in any event on the first page. (1) Limited Use of Posted Notice for Large Quantities of Material. When the volume of information or material is such that prompt remarking of each classified item could not be accomplished without unduly interfering with operations, the custodian may attach downgrading, declassification or upgrading notices to the storage unit in lieu of the remarking otherwise required. Each notice shall indicate the change, the authority for the action, the date of the action, the identity of the person taking the action and the storage units to which it applies. When individual documents or other materials are withdrawn from such storage units they shall be promptly remarked in accordance with the change, or if the documents have been declassified, the old markings shall be cancelled. (2) Transfer of Stored Quantities Covered by Posted Notice. When information or material subject to a posted downgrading, upgrading or declassification notice are withdrawn from one storage unit solely for transfer to another, or a storage unit containing such documents or other materials is transferred from one place to another, the transfer may be made without remarking if the notice is attached to or remains with each shipment. H. Additional Warning Notices. In addition to the foregoing marking requirements, warning notices shall be prominently displayed on classified documents or materials as prescribed below. When display of these warning notices on the documents or other materials is not feasible, the warnings shall be included in the written notification of the assigned classification. (1) Restricted Data. For classified information or material containing Restricted Data as defined in the Atomic Energy Act of 1954, as amended: "RESTRICTED DATA" This document contains Restricted Data as defined in the Atomic Energy Act of 1954. Its dissemination or disclosure to any unauthorized person is prohibited. FEDERAL REGISTER, VOL. 37, NO. 98-FRIDAY, MAY 19, 1972 THE PRESIDENT (2) Formerly Restricted Data. For classified information or material containing solely Formerly Restricted Data, as defined in Section 142.d., Atomic Energy Act of 1954, as amended: "FORMERLY RESTRICTED DATA" Unauthorized disclosure subject to Administrative and Criminal Sanctions. Handle as Restricted Data in Foreign Dissemination. Section 144.b., Atomic Energy Act, 1954. (3) Information Other Than Restricted Data or Formerly Restricted Data. For classified information or material furnished to persons outside the Executive Branch of Government other than as described in (1) and (2) above: "NATIONAL SECURITY INFORMATION" Unauthorized Disclosure Subject to Criminal Sanctions. (4) Sensitive Intelligence Information. For classified information or material relating to sensitive intelligence sources and methods, the following warning notice shall be used, in addition to and in conjunction with those prescribed in (1), (2), or (3), above, as appropriate: "WARNING NOTICE-SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED" V PROTECTION AND TRANSMISSION OF CLASSIFIED INFORMATION A. General. Classified information or material may be used, held, or stored only where there are facilities or under conditions adequate to prevent unauthorized persons from gaining access to it. Whenever such information or material is not under the personal supervision of an authorized person, the methods set forth in Appendix A hereto shall be used to protect it. Whenever such information or material is transmitted outside the originating Department the requirements of Appendix B hereto shall be observed. B. Loss or Possible Compromise. Any person who has knowledge of the loss or possible compromise of classified information shall immediately report the circumstances to a designated official of his Department or organization. In turn, the originating Department and any other interested Department shall be notified about the loss or possible compromise in order that a damage assessment may be conducted. An immediate inquiry shall be initiated by the Department in which the loss or compromise occurred for the purpose of taking corrective measures and appropriate administrative, disciplinary, or legal action. VI ACCESS AND ACCOUNTABILITY A. General Access Requirements. Except as provided in B. and C. below, access to classified information shall be granted in accordance with the following: (1) Determination of Trustworthiness. No person shall be given access to classified information or material unless a favorable determination has been made as to his trustworthiness. The determination of eligibility, referred to as a security clearance, shall be based on such investigations as the Department may require in accordance with the standards and criteria of E.O.-10450 and E.O. 10865 as appropriate. FEDERAL REGISTER, VOL 37, NO. 98-FRIDAY, MAY 19, 1972 10059 (2) Determination of Need-to-Know. In addition to a security clearance, a person must have a need for access to the particular classified information or material sought in connection with the performance of his official duties or contractual obligations. The determination of that need shall be made by officials having responsibility for the classified information or material. (3) Administrative Withdrawal of Security Clearance. Each Department shall make provision for administratively withdrawing the security clearance of any person who no longer requires access to classified information or material in connection with the performance of his official duties or contractural obligations. Likewise, when a person no longer needs access to a particular security classification category, the security clearance shall be adjusted to the classification category still required for the performance of his duties and obligations. In both instances, such action shall be without prejudice to the person's eligibility for a security clearance should the need again arise. B. Access by Historical Researchers. Persons outside the Executive Branch engaged in historical research projects may be authorized access to classified information or material provided that the head of the originating Department determines that: (1) The project and access sought conform to the requirements of Section 12 of the Order. (2) The information or material requested is reasonably accessible and can be located and compiled with a reasonable amount of effort. (3) The historical researcher agrees to safeguard the information or material in a manner consistent with the Order and Directives thereunder. (4) The historical researcher agrees to authorize a review of his notes and manuscript for the sole purpose of determining that no classified information or material is contained therein. An authorization for access shall be valid for the period required but no longer than two years from the date of issuance unless renewed under regulations of the originating Department. C. Access by Former Presidential Appointees. Persons who previously occupied policy making positions to which they were appointed by the President, other than those referred to in Section 11 of the Order, may be authorized access to classified information or material which they originated, reviewed, signed or received while in public office. Upon the request of any such former official, such information and material as he may identify shall be reviewed for declassification in accordance with the provisions of Section 5 of the Order. D. Consent of Originating Department to Dissemination by Recipient. Except as otherwise provided by Section 102 of the National Security Act of 1947, 61 Stat. 495, 50 U.S.C. 403, classified information or material originating in one Department shall not be disseminated outside any other Department to which it has been made available without the consent of the originating Department. FEDERAL REGISTER, VOL. 37, NO. 98—FRIDAY, MAY 19, 1972 THE PRESIDENT E. Dissemination of Sensitive Intelligence Information. Information F. Restraint on Special Access Requirements. The establishment of G. Accountability Procedures. Each Department shall prescribe such (1) Top Secret Control Officers. Top Secret Control Officers shall (2) Physical Inventory. A physical inventory of all Top Secret ma- (3) Current Accountability. Top Secret and Secret information and (4) Restraint on Reproduction. Documents or portions of documents (5) Restraint on Number of Copies. The number of copies of docu- VII DATA INDEX SYSTEM Each Department originating classified information or material shall FEDERAL REGISTER, VOL. 37, NO. 98-FRIDAY, MAY 19, 1972 10061 |