on organization, composition, activities, et cetera.

(2) A proposed amendment must be approved prior to any committee activity to which the proposed amendment relates.

$8.9 Meetings of advisory committees.

(a) Applicability. The term "meeting" covers any situation in which all or some of the members of an advisory committee convene with a representative of the Department to transact committee business or to discuss matters related to the committee. This is applicable to an advisory committee and to its subordinate components.

(b) Designated Department Official. (1) No advisory committee may hold a meeting in the absence of the designated full-time Department or other U.S. Government officer.

(2) The designated Department or other U.S. Government officer has the following responsibilities:

(i) Prepares or approves the agenda for all meetings;

(ii) Calls or approves in advance the calling of the meetings;

(iii) Adjourns any meeting whenever he or she determines that adjournment is in the public interest.

(c) Notice of Meetings. (1) All advisory committee meetings, open or closed, will be publicly announced except when the President of the United States determines otherwise for reasons of national security.

(2) Notice of each such meeting shall be published in the FEDERAL REGISTER and in a Department of State Press Release at least 15 days prior to the meeting date.

(3) The responsible committee office will prepare the notice and press release, obtaining clearances as set forth in paragraphs (c)(3) (i) and (ii) of this section, and deliver to the Advisory Committee Management Officer for action:

(i) Open meeting-clearance within initiating office/bureau;

(ii) Closed meeting-clearance within initiating office/bureau including its legal adviser, and the Bureau of Public Affairs at the Bureau level.

(4) The Deputy Under Secretary for Management will determine if an advisory committee may hold a closed

meeting, after a request for a meeting not open to the public is cleared by the Advisory Committee Management Officer and the Office of the Legal Adviser.

(5) After the clearances set forth in paragraphs (c) (3) and (4) of this section, a notification of meeting may also be provided by the office/bureau to any persons or organizations known to be interested in the activities of the committee.

(6) The office sponsoring the committee is responsible for meeting publishing date requirements. Overall normal processing time prior to a meeting date is 25 days for an open meeting and 47 days for a closed meeting.

(d) Contents of Notice. (1) The content of the FEDERAL REGISTER public notice and the Department of State press release will be identical.

(2) An open meeting announcement will state the name of the committee; the date, time, and place of the meeting; the agenda or summary thereof; that the meeting will be open to the public; the extent to which the public may participate in the meeting, either orally or in writing; seating space available; and the name and telephone number of a committee officer to whom inquiries may be directed, including arrangments for those attending if the meeting is in a secure building.

(3) A closed meeting announcement will state the name of the committee, the date of meeting and the reason or reasons which justify the closing of the meeting in the public interest.

(e) Closed Meetings. (1) An advisory committee meeting may be closed in accordance with the Federal Advisory Committee Act when the President or Department determines that the meeting is concerned with matters listed in section 552(b) of title 5, United States Code.

(2) Any determination to close all or a part of a meeting must be based upon specific reasons. If a meeting is to cover separable matters, not all of which are within the exemptions of 5 U.S.C. 552(b), only the portion of the meeting dealing with exempt matters may be closed.

(3) When a meeting or portion of a meeting is to be closed to the public,

the notice should state the reasons for the closing.

(4) The written request in accordance with paragraph (c)(4) of this section, for a determination by the Deputy Under Secretary for Management that a committee may hold a closed meeting must be submitted at least 47 days before the scheduled date of the meeting unless the Deputy Under Secretary for Management determines that a shorter period of time is necessary.

(f) Cancelled Meetings. (1) The cancellation of a scheduled committee meeting must be publicized without delay.

(2) The responsible committee office will prepare a public notice and press release and hand-carry them to the Advisory Committee Management Officer as soon as the decision to cancel the meeting is made.

(3) The notice and press release will state the name of the advisory committee, identify the meeting that is cancelled, and state why it is cancelled. The FEDERAL REGISTER data, if known, concerning the announcement should be cited.

(g) Rescheduled Meetings. When it is not feasible to hold an advisory committee meeting on the date that has been announced such meeting may be rescheduled for a later date by utilizing the same procedure as set forth in paragraph (f) of this section except the word rescheduled is substituted for cancelled.

(h) Minutes. (1) Detailed minutes of each advisory committee meeting, including subgroups, shall be kept.

(2) The minutes for an open meeting shall as a minimum cover the folllowing items: The time and place of the meeting; a listing of advisory committee members and staff and agency employees present at the meeting; a complete summary of matters discussed and conclusions reached; copies of all reports received, issued, or approved by the advisory committee; a description of the extent to which the meeting was open to the public; an explanation of the extent of public participation, including a list of members of the public who presented oral or written statements; and an estimate of the number of members of the public who attended the meeting.

(3) The minutes for a closed meeting shall include all that is required for an open meeting except those items relating to the presence of the public.

(4) The chairperson of each advisory committee shall certify the accuracy of the committee minutes.

(22 U.S.C. 2658 and 3926)

[40 FR 28606, July 8, 1975, as amended at 49 FR 16989, Apr. 23, 1984]

§8.10 Reports.

(a) There are two categories of reports on advisory committees. One category is concerned with management and the other with advisory activities. (b) Management reports include:

(1) Comprehensive Review. An annual review shall be conducted on a calendar year basis to determine the essentiality of the committee. The results of that Review are included in the Annual Report. The due date is October 1.

(2) Annual Report. A calendar year report which covers the status of the committee. It is a component report for the President's annual report to the Congress. The due date is December 31.

(3) Report of Closed Meeting(s). A summary of the activities and related matters discussed by a committee during a closed meeting shall be prepared annually. It is to be as informative as possible for the public consistent with section 552(b) policy of the Freedom of Information Act.

(4) Other Reports. Other management reports that may be required, such as requests from the Office of Management and Budget, Congressional Committees, et cetera, will be submitted in accordance with the requested due date.

(c) Advisory activities reports are reports issued by the committee. They are to be submitted, when prepared in final as a committee document or published, on a current basis.

(d) All reports are submitted to the Advisory Committee Management Offi

cer.

(1) The Comprehensive Review is signed by the responsible committee officer and approved by the bureau/office policy making officer. It is submitted in original only.

(2) The Annual Report will be prepared on Standard Forms 248 and 249 in original and one copy. (Instructions for

preparation are printed on the back of the forms.)

(3) The Report of Closed Meeting(s) is signed by the committee chairman and submitted in original and 8 copies.

(4) The Advisory activities reports are submitted in 9 copies each, except Presidential advisory committee reports are submitted in 12 copies.

$8.11 Records.

(a) The records of an advisory committee consist of all papers and documents which are prepared for or by and/or made available to the committee, and are maintained by the office responsible for the committee. Such records are inter alia agenda, drafts, minutes, notices, press releases, reports, studies, transcripts, and working papers.

(b) The Advisory Committee Management Officer maintains the Department's official records relating to the management of all committees.

$8.12 Financial records.

Accurate records will be kept by the responsible committee office of all operating and salary costs of a committee. (See instruction item 17 on SF248.)

§ 8.13 Availability of records.

The records of a committee are to be made available upon request in accordance with the Department's regulations promulgated in accordance with the provisions of the Freedom of Information Act (40 FEDERAL REGISTER 72567529, February 19, 1975).

§ 9.1 General policy.

(a) E.O. 12356 (hereinafter called "the Order") recognizes that it is essential that the public be informed concerning the activities of its government, but that the interests of the United States and its citizens require that certain information concerning the national defense and foreign relations be protected against unauthorized disclosure. With this object, the Order prescribes a uniform system for classifying, declassifying, and safeguarding national security information.

(b) The purpose of these regulations is to assist in the implementation of the Order and Information Security Oversight Office (hereinafter referred to as ISOO), Directive No. 1, (hereinafter called "the Directive"), and users of these regulations may refer to the Order and Directive for additional

guidance.

§ 9.2 Implementation and oversight responsibilities.

The Order requires each agency that originates or handles classified information to promulgate implementing regulations. The Order further requires that each agency originating or handling classified material shall designate a senior official to direct and administer its information security

program. This official shall be responsible for actively overseeing the agency's program, including a security education program, to ensure effective implementation of the Order.

(a) In addition, this official shall have the following responsibilities:

(1) To establish and monitor agency policies and procedures to prevent over or under classification, to ensure the protection from unauthorized disclosure of properly classified information, including intelligence information, and to ensure orderly and effective declassification of agency documents which no longer require protection, in accordance with the terms of the Order.

(2) To review proposed classified disclosures of an exceptional nature bearing upon issues of concern to the Congress and the public.

(3) To issue any needed guidelines for classification or declassification.

(4) To recommend to the agency head the following:

(i) Proposals for reclassification in accordance with section 1.6(c) of the Order;

(ii) Other categories of information, as defined in section 1.3(a)(10) of the Order, which require protection against unauthorized disclosure but which are not specifically protected by sections 1.3(a) (1) through (9) of the Order;

(iii) Waivers, for specified classes of documents or information of the requirement to indicate which portions of documents are classified and which are not, as provided by section 1.5(b) of the Order; and

(iv) Waivers for specified classes of documents or information, of the requirement to prepare derivative classification guides, as provided by section 2.2(c) of the Order.

(5) To prepare a list of officials, by name or position, delegated Top Secret, Secret, and Confidential classification authority.

(6) To receive, and if necessary act on, suggestions and complaints with respect to that agency's administration of its information security program.

(7) To provide guidance concerning corrective or disciplinary action in unusually important cases involving unauthorized disclosure or refusal to declassify.

(8) To maintain liaison with the Director of ISOO and to furnish reports and information as required by section 5.2 of the Order.

(b) Department of State. Within the Department of State, the senior official is the Deputy Assistant Secretary, Classification/Declassification Center, hereinafter referred to as (DAS/CDC).

(c) AID. Within AID (a component of the International Development Cooperation Agency), the senior official is the Inspector General.

(d) USIA. Within USIA, the senior official is the Director, Office of the Public Liaison.

$9.3 Responsibility for safeguarding classified information.

(a) Primary. The specific responsibility for the maintenance of the security of classified information rests with each person having knowledge or physical custody thereof, no matter how obtained.

(b) Individual. Each employee is responsible for becoming familiar with and adhering to all security regulations.

(c) Supervisory. The ultimate responsibility for safeguarding classified information rests upon each supervisor to the same degree that the supervisor is charged with functional responsibility for the organizational unit. While certain employees may be assigned specific security responsibilities, such as Top Secret Control Officer or Unit Security Officer, it is nevertheless the basic responsibility of supervisors to ensure that classified material entrusted to their organizational units is handled in accordance with the procedures prescribed in these regulations. Each supervisor should ensure that no one employee is assigned unreasonable security responsibilities in addition to usual administrative functional duties.

or

(d) Organizational. The Offices of Security in State, AID, and USIA are responsible for physical, procedural, and personnel security in their respective agencies. In the Department of State, the Office of Communications (COMSEC) is responsible for communications security.

$9.4 Classification.

(a) When there is reasonable doubt about the need to classify information, the information shall be safeguarded as if it were "Confidential" pending a determination about its classification by an original classification authority. When there is reasonable doubt about the appropriate classification level, the information shall be safeguarded at the higher level pending the determination of its classification level by an original classification authority. Determinations hereunder shall be made within 30 days.

(b) Information may not be classified unless its disclosure reasonably could be expected to cause damage to the national security. Information may not be classified to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not require protection in the interest of national security.

(c) The President or an agency head or official designated under section 1.2 (a)(2), 1.2 (b)(1), or 1.2 (c)(1) of the Order may reclassify information previously declassified and disclosed if it is determined in writing that (1) the information requires protection in the interest of national security, and (2) the information may reasonably be recovered. These reclassification actions shall be reported promptly to the Director of ISOO.

(d) It is permitted to classify or reclassify information after an agency has received a request for it under the Freedom of Information Act or the Privacy Act, or the mandatory review provisions of the Order, provided that such classification meets the requirements of the Order and is accomplished personally and on a document-by-document basis by the agency head, the deputy agency head, the senior official, or an official with original Top Secret classification authority. Every effort should be made to classify properly at the time of origin. When a determination is made that a document requires classification or reclassification, however, all holders of the document should be notified and, in the Department of State, a copy of the classifica

tion or reclassification memorandum should be sent to the Foreign Affairs Information Management Center (FAIM). In addition, if the classification or reclassification was done in any office other than the DAS/CDC, that office should send a copy of the pertinent memorandum to the CDC.

(e) For the Department of State, these functions will be performed by the DAS/CDC.

(f) For AID, the function will be performed by the Administrator.

(g) For USIA, the function will be performed by the Director of Public Liaison.

(h) Information classified in accordance with these regulations shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information.

$9.5 Classification designations.

(a) Only three (3) designations of classification are authorized: "Top Secret," "Secret," and "Confidential."

(1) Top Secret. Information may be classified "Top Secret" if its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. This classification should be used with the utmost restraint. Examples of "exceptionally grave damage" include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national secu

rity.

(2) Secret. Information may be classified "Secret" if its unauthorized disclosure could reasonably be expected to cause serious damage to the national security. This classification should be used sparingly. Examples of "serious damage" include disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to the national security; revelation of