or control designation at the top and bottom on the front. Photographic negatives in roll form contain the assigned classification or control designation at the beginning and end of each roll. In all cases, photographic prints are to be marked at the top and bottom of the front and on the back with the classification and control designation. If additional special markings are required, apply them conspicuously.

(4) Containers. Each container of photographic prints, negatives, slides, or motion picture film is conspicuously marked on the outside with the appropriate classification or control designation and additional required markings.

(5) Classified or controlled recordings. Containers for wire, film, tape recordings, and microfilm are to be marked with the appropriate classification or control designation and other required markings and, whenever possible, the recordings themselves are to be marked also. Microfilm projects undertaken for the purpose of destroying record copies must be approved by the Department or Agency office responsible for the records management function.

(6) Charts, maps, and drawings. On classified or administratively controlled charts, maps, or drawings, the classification or control designation is to be inserted under the legend, title block, or scale in such manner that it can be reproduced on all copies made. The classification or control designation also appears at the top and bottom of the reverse side of each chart, map, or drawing. Apply additional required special marking conspicuously.

(h) 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.

(i) Wholly unclassified material: Normally, unclassified material should not be marked or stamped "Unclassified" unless it is essential to convey to its recipient that it has been examined specifically for the need of a security classification or control designation and has been determined not to require such classification or control. However, preprinted forms such as telegrams which make provision for an assigned classification, shall include the term "Unclassified" if the information contained in the text is not

classified. Envelopes containing unclassified information to be sent by diplomatic pouch must be marked or stamped "Unclassified" on both sides.

§ 9.17 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 canceled, if practicable, but in any event on the first page.

(a) 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, upon approval from the Office of Security, 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 canceled.

(b) 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.

§ 9.18 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.

(a) 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.

Section 11r of the Atomic Energy Act of 1954 defines Restricted Data as follows: The term "Restricted Data" means all data concerning:

(a) Design, manufacture, or utilization of atomic weapons;

(b) The production of special nuclear material; or

(c) The use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data Category.

(Before any person may be permitted to have access to Restricted Data, the person must have a "Q" clearance from the Atomic Energy Commission. Nothing in the regulations in this part shall be construed as superseding any requirements of the Atomic Energy Act of 1954, as amended. Restricted Data and Formerly Restricted Data shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission.)

(c) Formerly Restricted Data. For classified information or material containing solely Formerly Restricted Data, as defined in section 142.3, 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. (Formerly Restricted Data is information removed from Restricted Data category upon determination jointly by the Atomic Energy Commission and Department of Defense that such information relates primarily to the military utilization of atomic weapons and that such information can be adequately safeguarded as classified defense information. Formerly Restricted Data may not be transmitted or otherwise made available to any regional defense organization or foreign nation while it remains classified defense information except under provision of that Act.)

(c) 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 paragraphs (a) and (b) of this section:

NATIONAL SECURITY INFORMATION Unauthorized Disclosure Subject to Criminal Sanctions.

(d) 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 paragraph (a), (b), or (c) of this section, as appropriate:

Warning Notice-Sensitive

Sources and Methods Involved.

Intelligence

§ 9.19 Marking of classified telegrams.

Information contained in Top Secret, Secret, and Confidential telegrams is subject to automatic downgrading, declassification, and decontrol procedures to the same extent as the substantive contents of nontelegraphic documents. In order to eliminate costly transmissions, standard abbreviations for required notations have been substituted, and will appear as the final unnumbered paragraph of the message text, as follows:

(a) For classified information that has been assigned to the General Declassification Schedule, add the abbreviation: GDS.

(b) For classified information that is to be declassified without reference to the General Declassification Schedule, add: ADS (Accelerated Declassification Schedule) DECLAS (insert date or other event or condition for declassification).

(c) For classified information that has been exempted from the General Declassification Schedule, add: XGDS (insert the category number 1, 2, 3, 4) DECLAS (insert appropriate date) BY AUTH (insert identity of person or source document).

(d) The following abbreviations may be substituted for the warning notices indicated in § 9.18:

RD (Restricted Data)

FRD (Formerly Restricted Data)

NSI (National Security Information)
SIS (Special Intelligence Sources and
Methods)

§ 9.20 Access to classified material; general access requirements.

Access to classified information shall be granted in accordance with the following:

(a) Determination of trustworthiness. No person shall be given access to classified information or material unless a favorable determination has been made as to the person's 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 Executive Order 10450 of April 27, 1953, and Executive Order 10865 dated February 20, 1960, as appropriate. Special and specifically authorized clearances are required for access to information identified as Restricted Data, Cosmic, NATO, SEATO, CENTO, Cryptographic, Intelligence, and other information given special protection by law or regulation.

(b) Need-to-know doctrine. A person is not entitled to receive classified information solely by virtue of official position or by virtue of having been granted security clearance. A person must also have a need for access to the particular classified information or material sought in connection with the performance of official duties. The determination of that need shall be made by officers having responsibility for the classified information or material. The "need-to-know" doctrine shall be enforced at all times.

§ 9.21 Access by foreign national employees.

(a) Classified information must not be dictated to, typed, or otherwise prepared by local employees. This restriction must not be circumvented by the assignment of classifications after a local employee has prepared a particular document. However, when warranted, information collected by local employees and prepared in report form by such employees may receive classification protection by appending such reports to classified transmittal reports prepared by U.S. employees.

(b) Except as noted in paragraph (d) and (e), classified information must not be made available to, or left in the custody of, Foreign Service local employees or alien employees resident in the United States nor will such employees be permitted to attend meetings where classified information is discussed.

(c) Authorization for limited access: When local employees obtain information from privileged sources or otherwise develop information warranting an administrative control designation or must be given access to administratively controlled information or material originated elsewhere in order to perform their official duties, they may be authorized limited access to such information provided that:

access

(1) The local employee's U.S. citizen supervisor requests authority to permit to administratively controlled material in writing, specifying the reasons the employee must have access in order to perform official duties and describing the type of material, reports, etc., contemplated for access.

(2) The regional security officer concurs in the request, issues a memorandum of limited access, and recommends approval to the principal officer.

(3) The principal officer must authorize the limited access in writing. Such authority shall be reviewed by each succeeding principal officer, and the officer shall affirm or discontinue such authority as the officer deems appropriate.

(4) The employee's access is not construed to mean blanket authority to receive administratively controlled information or material. Select local employees authorized to have access to administratively controlled material shall be permitted access only to that type of material specified in subparagraph (1) of this paragraph on a strict "need-toknow" basis.

(d) Broadcasting services alien personnel: When it is essential that information contained in classified documents (excluding Top Secret) be disseminated to the broadcasting services alien personnel resident in the United States, in order for them to perform their duties, such information must be given verbally. They are prohibited access to Top Secret information and are not authorized visual access to classified documents or material.

(e) Foreign Service local employees: Foreign Service local employees in very limited cases, may be permitted access to Confidential information coming from or to be delivered to the government of the host country. The internal procedures for granting access are the same as those provided in the foregoing parts of § 9.21 with regard to local employee access. Almost all instances of

use of this authority will involve necessary translations. Access to such material should be allowed only after consideration of the host government's reaction to the particular Foreign Service local employee's having such access. When and where feasible, the local employee should be given such access only after a responsible agency of the host country has indicated it has no objection to the specific local employee's access to the information.

§ 9.22 Access by historical researchers.

Persons outside the executive branch who are engaged in historical research projects may be authorized access to classified information or material provided that the head of the originating Department determines as follows:

(a) The project and access sought conform to the security and administrative requirements of the originating Department.

(b) The material requested is reasonably accessible and can be located and compiled with a reasonable amount of effort.

(c) The historical researcher agrees to safeguard the information in a manner consistent with NSC Directives.

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

(e) An authorization for access shall be valid for the period required but no longer than 2 years from the date of issuance unless renewed under regulations of the originating Department.

§ 9.23 Access by other persons outside the executive branch.

(a) Release of classified information to Congress shall be approved and coordinated by the Office of Congressional Relations and the Office of Security.

(b) In all other cases, classified material will not normally be released to persons outside the executive branch of the U.S. Government, except that the head of the Department or agency or designee may authorize a person outside the executive branch to have access to classified information or material, provided that all the following conditions are satisfied:

(1) Knowledge or possession of such information or material is required by the intended recipient and is consistent with the interest of national security.

(2) The intended recipient is determined to be trustworthy in accordance with established standards of the Department concerned.

(3) The intended recipient can and will safeguard the information from unauthorized disclosure in a manner consistent with the provisions of appropriate Executive orders.

(4) The information or material involved will not be further disseminated without the express permission of the Department or agency concerned.

(5) Granting access to the person involved is consistent with appropriate Executive orders and with applicable statutes and national policy.

The Office of Security must, however, specify the manner in which the authorized access or release is to be effected to insure that such action is consistent with the provisions of the appropriate Executive order and NSC Directives.

(a) Contractors or consultants may not have access to classified material until a personnel security clearance has been authorized in writing by the Office of Security. Such clearances shall also be administratively withdrawn when the person no longer requires access to classified information or material in connection with the performance of his official duties or contractual obligations. Likewise, when a person no longer needs access to a particular security 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) Employees are personally responsible for obtaining clearance from the Office of Security prior to release of classified material to a consultant or contractor. For requirements for storage of classified material by persons not regularly employed, see § 9.47(e).

§ 9.25 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 Executive Order 11652 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 the former official may identify shall be reviewed for declassification in accordance with the provisions of these regulations. § 9.26 Referral of public requests.

(a) Requests from the public for classified records, whether made to a department or agency office within the United States, or to a post abroad, must be referred to the Chief, Records Services Division (State); Director, Information Staff (AID); or Assistant Director, Office of Public Information (USIA), as appropriate.

(b) Unclassified records may be released upon approval by chiefs of mission at Foreign Service posts in accordance with 5 FAM 482.2. Unclassified records abroad of AID and of USIA may also be released by the AID country mission director and by the USIA country public affairs officer, respectively. (See M.O. 820.1 and M.O.A. III 524.)

(c) Requests for classified records which the chief of mission (for AID, the mission director, or for USIA, the public affairs officer) has declined to make available on such officer's own authority, should be submitted to the appropriate agency, by operations memorandum for USIA and by airgram for State and AID, containing sufficient information to permit consideration of the request.

(d) Classified records to be made available to the public by the aboveidentified authorized officers in the United States and abroad must first be declassified or decontrolled in accordance with the provision of § 9.1.

For more detailed procedures on releasing records to the public, see the appropriate Department or agency regulations. (State, 5 FAM 480; AID, M.O. 820.1; USIA, M.O.A. III 524.)

§ 9.27 Controlling and safeguarding other official information.

(a) The Freedom of Information Act (5 U.S.C. 552) and earlier legislation recognize the necessity for the Government to withhold from public disclosure certain categories of records in addition to those containing information specified in Executive Order 11652 and other Executive orders. These include, but are not limited to, records, the disclosure of which would be a clearly unwarranted

(a) Designation. Certain official information and material which is not national security information and, therefore, cannot be classified, is nonetheless protected by law against disclosure. Such information and material includes,

among other things, information received through privileged sources and certain personnel, medical, investigative, commercial, and financial records. Such information and material which requires limited dissemination shall be afforded physical protection comparable to that given "Confidential" material in order to safeguard it from unauthorized disclosure. Such information and material shall be designated and marked "Limited Official Use" by officials authorized to classify information "Confidential," in which case it shall be physically handled, transmitted, and stored as if it were "Confidential."

(b) Decontrol. Unless otherwise provided, administratively controlled information shall be automatically decontrolled at the end of the fourth full calendar year after the year in which it is originated. If physical protection is not required for that period of time, the official designating a document "Limited Official Use" shall specify on the document that it shall be decontrolled upon the occurrence of a specified event, removal of controlled attachments, or a passage of an appropriate period of time not to exceed 4 years. If physical protection is required for a period longer than 4 years, the official designating the document "Limited Official Use" shall specify that it is exempted from automatic decontrol. Information and material not exempted by statute may be exempted from automatic decontrol only