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    "ocrText": "The original documents are located in Box 3, folder \"Classification\" of the Philip Buchen\nFiles at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 3 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nChapter IV-Codified Presidential Documents E. O. 11652\nEXECUTIVE ORDER 11652-CLASSIFICATION AND DECLASSIFICATION\nOF NATIONAL SECURITY INFORMATION AND MATERIAL [AS\nAMENDED]\nSOURCE: Executive Order 11652, 37 FR 5209, Mar. 10, 1972, as amended by the\nfollowing:\nE.O. 11714, 38 FR 10245, Apr. 26, 1973.\nThe interests of the United States and its citizens are best served by\nmaking information regarding the affairs of Government readily avail-\nable to the public. This concept of an informed citizenry is reflected in\nthe Freedom of Information Act and in the current public information\npolicies of the executive branch.\nWithin the Federal Government there is some official information\nand material which, because it bears directly on the effectiveness of our\nnational defense and the conduct of our foreign relations, must be, sub-\nject to some constraints for the security of our Nation and the safety of\nour people and our allies. To protect against actions hostile to the United\nStates, of both an overt and covert nature, it is essential that, such\nofficial information and material be given only limited dissemination\nThis official information or material, referred to as classified infor-\nmation or material in this order, is expressly exempted from public\ndisclosure by Section 552 (b) (1) of Title 5, United States Code. Wrong-\nful disclosure of such information or material is recognized in the Federal\nCriminal Code as providing a basis for prosecution.\nTo ensure that such information and material is protected, but only\nto the extent and for such period as is necessary, this order identifies the\ninformation to be protected, prescribes classification, downgrading, de-\nclassification and safeguarding procedures to be followed, and establishes\na monitoring system to ensure its effectiveness.\nNOW, THEREFORE, by virtue of the authority vested in me by the\nConstitution and statutes of the United States, it is hereby ordered:\nSECTION 1. Security Classification Categories. Official information or\nmaterial which requires protection against unauthorized disclosure in the\ninterest of the national defense or foreign relations of the United States\n(hereinafter collectively termed \"national security\") shall be classified\nin one of three categories, namely \"Top Secret,\" \"Secret,\" or \"Confiden-\ntial,\" depending upon the degree of its significance to national security.\nNo other categories shall be used to identify official information or\nmaterial as requiring protection in the interest of national security, except\n339\nFORD i LIBRARY 038870\nE. O. 11652\nTitle 3-The President\nas otherwise expressly provided by statute. These classification categories\nare defined as follows:\n(A) \"Top Secret.\" \"Top Secret\" refers to that national security\ninformation or material which requires the highest degree of protection.\nThe test for assigning \"Top Secret\" classification shall be whether its\nunauthorized disclosure could reasonably be expected to cause excep-\ntionally grave damage to the national security. Examples of \"excep-\ntionally grave damage\" include armed hostilities against the United\nStates or its allies; disruption of foreign relations vitally affecting the\nnational security; the compromise of vital national defense plans or\ncomplex cryptologic and communications intelligence systems; the\nrevelation of sensitive intelligence operations; and the disclosure of scien-\ntific or technological developments vital to national security. This\nclassification shall be used with the utmost restraint.\n(B) \"Secret.\" \"Secret\" refers to that national security information or\nmaterial which requires a substantial degree of protection. The test\nfor assigning \"Secret\" classification shall be whether its unauthorized\ndisclosure could reasonably be expected to cause serious damage to the\nnational security. Examples of \"serious damage\" include disruption of\nforeign relations significantly affecting the national security; significant\nimpairment of a program or policy directly related to the national secu-\nrity; revelation of significant military plans or intelligence operations;\nand compromise of significant scientific or technological developments\nrelating to national security. The classification \"Secret\" shall be sparingly\nused.\n(C) \"Confidential.\" \"Confidential\" refers to that national security\ninformation or material which requires protection. The test for assign-\ning \"Confidential\" classification shall be whether its unauthorized dis-\nclosure could reasonably be expected to cause damage- to the national\nsecurity.\nSEC. 2. Authority to Classify. The authority to originally classify in-\nformation or material under this order shall be restricted solely to those\noffices within the executive branch which are concerned with matters\nof national security, and shall be limited to the minimum number\nabsolutely required for efficient administration. Except as the context\nmay otherwise indicate, the term \"Department\" as used in this order\nshall include agency or other governmental unit.\n(A) The authority to originally classify information or material un-\nder this order as \"Top Secret\" shall be exercised only by such officials as\nthe President may designate in writing and by:\n340\nFORD 2 LIBRARY CERALD\nChapter IV-Codified Presidential Documents E. O. 11652\n(1) The heads of the Departments listed below;\n(2) Such of their senior principal deputies and assistants as the heads\nof such Departments may designate in writing; and\n(3) Such heads and senior principal deputies and assistants of major\nelements of such Departments, as the heads of such Departments may\ndesignate in writing.\nSuch offices in the Executive Office of the President as the\nPresident may designate in writing\nCentral Intelligence Agency\nAtomic Energy Commission\nDepartment of State\nDepartment of the Treasury\nDepartment of Defense\nDepartment of the Army\nDepartment of the Navy\nDepartment of the Air Force\nUnited States Arms Control and Disarmament Agency\nDepartment of Justice\nNational Aeronautics and Space Administration\nAgency for International Development\n(B) The authority to originally classify information or material under\nthis order as \"Secret\" shall be exercised only by:\n(1) Officials who have \"Top Secret\" classification authority;\n(2) Such subordinates as officials with \"Top Secret\" classification\nauthority under (A) (1) and (2) above may designate in writing; and\n(3) The heads of the following named Departments and such senior\nprincipal deputies or assistants as they may designate in writing.\nDepartment of Transportation\nFederal Communications Commission\nExport-Import Bank of the United States\nDepartment of Commerce\nUnited States Civil Service Commission\nUnited States Information Agency\nGeneral Services Administration\nDepartment of Health, Education, and Welfare\nCivil Aeronautics Board\nFederal Maritime Commission\nFederal Power Commission\nNational Science Foundation\nOverseas Private Investment Corporation\n341\nFORD a LIBRARY 0ERALD\nE. O. 11652\nTitle 3-The President\n(C) The authority to originally classify information or material un-\nder this order as \"Confidential\" may be exercised by officials who have\n\"Top Secret\" or \"Secret\" classification authority and such officials\nas they may designate in writing.\n(D) Any Department not referred to herein and any Department or\nunit established hereafter shall not have authority to originally classify\ninformation or material under this order, unless specifically authorized\nhereafter by an Executive order.\nSEC. 3. Authority to Downgrade and Declassify. The authority to\ndowngrade and declassify national security information or material shall\nbe exercised as follows:\n(A) Information or material may be downgraded or declassified by\nthe official authorizing the original classification, by a successor in capac-\nity or by a supervisory official of either.\n(B) Downgrading and declassification authority may also be exer-\ncised by an official specifically authorized under regulations issued by the\nhead of the Department listed in Sections 2 (A) or (B) hereof.\n(C) In the case of classified information or material officially trans-\nferred by or pursuant to statute or Executive order in conjunction with\na transfer of function and not merely for storage purposes, the receiving\nDepartment shall be deemed to be the originating Department for all\npurposes under this order including downgrading and declassification.\n(D) In the case of classified information or material not officially\ntransferred within (C) above, but originated in a Department which\nhas since ceased to exist, each Department in possession shall be deemed\nto be the originating Department for all purposes under this order. Such\ninformation or material may be downgraded and declassified by the\nDepartment in possession after consulting with any other Departments\nhaving an interest in the subject matter.\n(E) Classified information or material transferred to the General\nServices Administration for accession into the Archives of the United\nStates shall be downgraded and declassified by the Archivist of the\nUnited States in accordance with this order, directives of the President\nissued through the National Security Council and pertinent regulations\nof the Departments.\n(F) Classified information or material with special markings, as\ndescribed in Section 8, shall be downgraded and declassified as required\nby law and governing regulations.\nSEC. 4. Classification. Each person possessing classifying authority\nshall be held accountable for the propriety of the Elissifications attrib-\n342\nGERALD\nLIBRARY\nChapter IV-Codified Presidential Documents E. O. 11652\nuted to him. Both unnecessary classification and over-classification shall\nbe avoided. Classification shall be solely on the basis of national security\nconsiderations. In no case shall information be classified in order to\nconceal inefficiency or administrative error, to prevent embarrassment\nto a person or Department, to restrain competition or independent ini-\ntiative, or to prevent for any other reason the release of information\nwhich does not require protection in the interest of national security.\nThe following rules shall apply to classification of information under\nthis order:\n(A) Documents in General. Each classified document shall show on\nits face its classification and whether it is subject to or exempt from the\nGeneral Declassification Schedule. It shall also show the office of origin,\nthe date of preparation and classification and, to the extent practicable,\nbe so marked as to indicate which portions are classified, at what level,\nand which portions are not classified in order to facilitate excerpting and\nother use. Material containing references to classified materials, which\nreferences do not reveal classified information, shall not be classified.\n(B) Identification of Classifying Authority. Unless the Department\ninvolved shall have provided some other method of identifying the\nindividual at the highest level that authorized classification in each case,\nmaterial classified under this order shall indicate on its face the identity\nof the highest authority authorizing the classification. Where the indi-\nvidual who signs or otherwise authenticates a document or item has also\nauthorized the classification, no further annotation as to his identity\nis required.\n(C) Information or Material Furnished by a Foreign Government or\nInternational Organization. Classified information or material furnished\nto the United States by a foreign government or international organiza-\ntion shall either retain its original classification or be assigned a United\nStates classification. In either case, the classification shall assure a degree\nof protection equivalent to that required by the government or inter-\nnational organization which furnished the information or material.\n(D) Classification Responsibilities. A holder of classified informa-\ntion or material shall observe and respect the classification assigned\nby the originator. If a holder believes that there is unnecessary classi-\nfication, that the assigned classification is improper, or that the docu-\nment is subject to declassification under this order, he shall so inform\nthe originator who shall thereupon re-examine the classification.\nSEC. 5. Declassification and Downgrading. Classified information and\nmaterial, unless declassified earlier by the original classifying authority,\n343\nFORD : GERALD LIBRARY\nE. O. 11652\nTitle 3-The President\nshall be declassified and downgraded in accordance with the following\nrules:\n(A) General Declassification Schedule. (1) \"Top Secret.\" Infor-\nmation or material originally classified \"Top Secret\" shall become\nautomatically downgraded to \"Secret\" at the end of the second full\ncalendar year following the year in which it was originated, down-\ngraded to \"Confidential\" at the end of the fourth full calendar year\nfollowing the year in which it was originated, and declassified at the\nend of the tenth full calendar year following the year in which it was\noriginated.\n(2) \"Secret.\" Information and material originally classified \"Secret\"\nshall become automatically downgraded to \"Confidential\" at the end\nof the second full calendar year following the year in which it was\noriginated, and declassified at the end of the eighth full calendar year\nfollowing the year in which it was originated.\n(3) \"Confidential.\" Information and material originally classified\n\"Confidential\" shall become automatically declassified at the end of the\nsixth full calendar year following the year in which it was originated.\n(B) Exemptions from General Declassification Schedule. Certain\nclassified information or material may warrant some degree of pro-\ntection for a period exceeding that provided in the General Declassi-\nfication Schedule. An official authorized to originally classify\ninformation or material \"Top Secret\" may exempt from the General\nDeclassification Schedule any level of classified information or material\noriginated by him or under his supervision if it falls within one of the\ncategories described below. In each case such official shall specify in\nwriting on the material the exemption category being claimed and,\nunless impossible, a date or event for automatic declassification. The\nuse of the exemption authority shall be kept to the absolute minimum\nconsistent with national security requirements and shall be restricted\nto the following categories:\n(1) Classified information or material furnished by foreign govern-\nments or international organizations and held by the United States on\nthe understanding that it be kept in confidence.\n(2) Classified information or material specifically covered by statute,\nor pertaining to cryptography, or disclosing intelligence sources or\nmethods.\n(3) Classified information or material disclosing a system, plan,\ninstallation, project or specific foreign relations matter the continuing\nprotection of which is essential to the national security.\n344\nChapter IV-Codified Presidential Documents E. O. 11652\n(4) Classified information or material the disclosure of which\nwould place a person in immediate jeopardy.\n(C) Mandatory Review of Exempted Material. All classified infor-\nmation and material originated after the effective date of this order\nwhich is exempted under (B) above from the General Declassification\nSchedule shall be subject to a classification review by the originating\nDepartment at any time after the expiration of ten years from the date\nof origin provided:\n(1) A Department or member of the public requests a review;\n(2) The request describes the record with sufficient particularity to\nenable the Department to identify it; and\n(3) The record can be obtained with only a reasonable amount of\neffort.\nInformation or material which no longer qualifies for exemption under\n(B) above shall be declassified. Information or material continuing to\nqualify under (B) shall be so marked and, unless impossible, a date for\nautomatic declassification shall be set.\n(D) Applicability of the General Declassification Schedule to Previ-\nously Classified Material. Information or material classified before the\neffective date of this order and which is assigned to Group 4 under\nExecutive Order No. 10501, as amended by Executive Order No. 10964,\nshall be subject to the General Declassification Schedule. All other infor-\nmation or material classified before the effective date of this order,\nwhether or not assigned to Groups 1, 2, or 3 of Executive Order\nNo. 10501, as amended, shall be excluded from the General Declassifica-\ntion Schedule. However, at any time after the expiration of ten years\nfrom the date of origin it shall be subject to a mandatory classification\nreview and disposition under the same conditions and criteria that apply\nto classified information and material created after the effective date of\nthis order as set forth in (B) and (C) above.\n(E) Declassification of Classified Information or Material After\nThirty Years. All classified information or material which is thirty years\nold or more, whether originating before or after the effective date of\nthis order, shall be declassified under the following conditions:\n(1) All information and material classified after the effective date of\nthis order shall, whether or not declassification has been requested,\nbecome automatically declassified at the end of thirty full calendar years\nafter the date of its original classification except for such specifically\nidentified information or material which the head of the originating\nDepartment personally determines in writing at that time to require\ncontinued protection because such continued protection is essential to\n345\n20-028-74-23\nE.O. 11652\nTitle 3-The President\nthe national security or disclosure would place a person in immediate\njeopardy. In such case, the head of the Department shall also specify\nthe period of continued classification.\n(2) All information and material classified before the effective date\nof this order and more than thirty years old shall be systematically\nreviewed for declassification by the Archivist of the United States by the\nend of the thirtieth full calendar year following the year in which it was\noriginated. In his review, the Archivist will separate and keep protected\nonly such information or material as is specifically identified by the\nhead of the Department in accordance with (E) (1) above. In such\ncase, the head of the Department shall also specify the period of\ncontinued classification.\n(F) Departments Which Do Not Have Authority For Original\nClassification. The provisions of this section relating to the declassifica-\ntion of national security information or material shall apply to Depart-\nments which, under the terms of this order, do not have current authority\nto originally classify information or material, but which formerly had\nsuch authority under previous Executive orders.\nSEC. 6. Policy Directives on Access, Marking, Safekeeping, Account-\nability, Transmission, Disposition and Destruction of Classified Informa-\ntion and Material. The President acting through the National Security\nCouncil shall issue directives which shall be binding on all Departments\nto protect classified information from loss or compromise. Such\ndirectives shall conform to the following policies:\n(A) No person shall be given access to classified information or\nmaterial unless such person has been determined to be trustworthy and\nunless access to such information is necessary for the performance of his\nduties.\n(B) All classified information and material shall be appropriately\nand conspicuously marked to put all persons on clear notice of its\nclassified contents.\n(C) Classified information and material shall be used, possessed, and\nstored only under conditions which will prevent access by unauthorized\npersons or dissemination tolunauthorized persons.\n(D) All classified information and material disseminated outside the\nexecutive branch under Executive Order No. 10865 or otherwise shall\nbe properly protected.\n(E) Appropriate accountability records for classified information\nshall be established and maintained and such information and material\nshall be protected adequately during all transmissions.\n346\nGERALD LIBRARY P. FORD\nChapter IV-Codified Presidential Documents E. O. 11652\n(F) Classified information and material no longer needed in current\nworking files or for reference or record purposes shall be destroyed or\ndisposed of in accordance with the records disposal provisions contained\nin Chapter 33 of Title 44 of the United States Code and other applicable\nstatutes.\n(G) Classified information or material shall be reviewed on a sys-\ntematic basis for the purpose of accomplishing downgrading, declassifica-\ntion, transfer, retirement and destruction at the earliest practicable date.\nSEC. 7. Implementation and Review Responsibilities. (A) The Na-\ntional Security Council shall monitor the implementation of this order.\nTo assist the National Security Coundil, an Interagency Classification\nReview Committee shall be established, composed of a Chairman desig-\nnated by the President, the Archivist of the United States, and repre-\nsentatives of the Departments of State, Defense and Justice, the Atomic\nEnergy Commission, the Central Intelligence Agency and the National\nSecurity Council Staff. Representatives of other Departments in the exec-\nutive branch may be invited to ineet with the Committee on matters of\nparticular interest to those Departments. This Committee shall meet\nregularly and on a continuing basis shall review and take action to ensure\ncompliance with this order, and in particular:\n(1) The Committee shall oversee Department actions to ensure com-\npliance with the provisions of this order and implementing directives\nissued by the President through the National Security Council.\n(2) The Committee shall, subject to procedures to be established by\nit, receive, consider and take action on suggestions and complaints from\npersons within or without the government with respect to the admin-\nistration of this order, and in consultation with the affected Department\nor Departments assure that appropriate action is taken on such sug-\ngestions and complaints.\n(3) Upon request of the Committee Chairman, any Department shall\nfurnish to the Committee any particular information or material needed\nby the Committee in carrying out its functions.\n[Sec. 7(A) as amended by E.O. 11714, 38 FR 10245, Apr. 26, 1973]\n(B) To promote the basic purposes of this order, the head of each\nDepartment originating or handling classified information or material\nshall:\n(1) Prior to the effective date of this order submit to the Interagency\nClassification Review Committee for approval a copy of the regulations\nit proposes to adopt pursuant to this order.\n347\nE. O. 11652\nTitle 3-The President\n(2) Designate a senior member of his staff who shall ensure effec-\ntive compliance with and implementation of this order and shall also\nchair a Departmental committee which shall have authority to act\non all suggestions and complaints with respect to the Department's\nadministration of this order.\n(3) Undertake an initial program to familiarize the employees of\nhis Department with the provisions of this order. He shall also estab-\nlish and maintain active training and orientation programs for em-\nployees concerned with classified information or material. Such programs\nshall include, as a minimum, the briefing of new employees and periodic\nreorientation during employment to impress upon each individual his\nresponsibility for exercising vigilance and care in complying with the\nprovisions of this order. Additionally, upon termination of employ-\nment or contemplated temporary separation for a sixty-day period or\nmore, employees shall be debriefed and each reminded of the provisions\nof the Criminal Code and other applicable provisions of law relating\nto penalties for unauthorized disclosure.\n(C) The Attorney General, upon request of the head of a Depart-\nment, his duly designated representative, or the Chairman of the above\ndescribed Committee, shall personally or through authorized repre-\nsentatives of the Department of Justice render an interpretation of this\norder with respect to any question arising in the course of its admin-\nistration.\nSEC. 8. Material Covered by the Atomic Energy Act. Nothing in this\norder shall supersede any requirements made by or under the Atomic\nEnergy Act of August 30, 1954, as amended. \"Restricted Data,\" and\nmaterial designated as \"Formerly Restricted Data,\" shall be handled,\nprotected, classified, downgraded and declassified in conformity with\nthe provisions of the Atomic Energy Act of 1954, as amended, and the\nregulations of the Atomic Energy Commission.\nSEC. 9. Special Departmental Arrangements. The originating De-\npartment or other appropriate authority may impose, in conformity\nwith the provisions of this order, special requirements with respect to\naccess, distribution and protection of classified information and material,\nincluding those which presently relate to communications intelligence,\nintelligence sources and methods and cryptography.\nSEC. 10. Exceptional Cases. In an exceptional case when a person\nor Department not authorized to classify information originates\ninformation which is believed to require classification, such person or\nDepartment shall protect that information in the manner prescribed\n348\nChapter IV-Codified Presidential Documents E. O. 11652\nby this order. Such persons or Department shall transmit the informa-\ntion forthwith, under appropriate safeguards, to the Department having\nprimary interest in the subject matter with a request that a determina-\ntion be made as to classification.\nSEC. 11. Declassification of Presidential Papers. The Archivist of the\nUnited States shall have authority to review and declassify information\nand material which has been classified by a President, his White House\nStaff or special committee or commission appointed by him and which\nthe Archivist has in his custody at any archival depository, including a\nPresidential Library. Such declassification shall only be undertaken in\naccord with: (i) the terms of the donor's deed of gift, (ii) consulta-\ntions with the Departments having a primary subject-matter interest,\nand (iii) the provisions of Section 5.\nSEC. 12. Historical Research and Access by Former Government\nOfficials. The requirement in Section 6(A) that access to classified\ninformation or material be granted only as is necessary for the perform-\nance of one's duties shall not apply to persons outside the executive\nbranch who are engaged in historical research projects or who have\npreviously occupied policy-making positions to which they were\nappointed by the President; Provided, however, that in each case the\nhead of the originating Department shall:\n(i) determine that access is clearly consistent with the interests of\nnational security; and\n(ii) take appropriate steps to assure that classified information or\nmaterial is not published or otherwise compromised.\nAccess granted a person by reason of his having previously occupied a\npolicy-making position shall be limited to those papers which the\nformer official originated, reviewed, signed or received while in public\noffice.\nSEC. 13. Administrative and Judicial Action. (A) Any officer or\nemployee of the United States who unnecessarily classifies or over-\nclassifies information or material shall be notified that his actions are in\nviolation of the terms of this order or of a directive of the President\nissued through the National Security Council. Repeated abuse of the\nclassification process shall be grounds for an administrative reprimand.\nIn any case where the Departmental committee or the Interagency Classi-\nfication Review Committee finds that unnecessary classification or over-\nclassification has occurred, it shall make a report to the head of the\nDepartment concerned in order that corrective steps may be taken.\n0349\nE. O. 11667\nTitle 3-The President\n(B) The head of each Department is directed to take prompt and\nstringent administrative action against any officer or employee of the\nUnited States, at any level of employment, determined to nave been re-\nsponsible for any release or disclosure of national security information or\nmaterial in a manner not authorized by or under this order or a directive\nof the President issued through the National Security Council. Where a\nviolation of criminal statutes may be involved, Departments will refer\nany such case promptly to the Department of Justice.\nSEC. 14. Revocation of Executive Order No. 10501. Executive Order\nNo. 10501 of November 5, 1953, as amended by Executive Orders No.\n10816 of May 8, 1959, No. 10901 of January 11, 1961, No. 10964 of\nSeptember 20, 1961, No. 10985 of January 15, 1962, No. 11097 of\nMarch 6, 1963 and by Section 1 (a) of No. 11382 of November 28, 1967,\nis superseded as of the effective date of this order.\nSEC. 15. Effective date. This order shall become effective on June 1,\n1972.\nEXECUTIVE ORDER 11667-ESTABLISHING THE PRESIDENT'S ADVISORY\nCOMMITTEE ON THE ENVIRONMENTAL MERIT AWARDS PROGRAM\nSOURCE: Executive Order 11667 appears at 37 F.R. 7763, Apr. 20, 1972.\nOn October 31, 1971, I announced the establishment of the Presi-\ndent's Environmental Merit Awards Program. The Administrator of\nthe Environmental Protection Agency and the Commissioner of Edu-\ncation sent letters to high school principals inviting them to participate\nin this program by establishing local tripartite committees to supervise\nand direct local Environmental Merit Awards Programs, and to make\nawards to individual students or groups of students for significant\nenvironmental accomplishments by them. These committees were to\nbe composed of students, faculty and interested members of the\ncommunity.\nToday, more than 2,500 high schools, including schools in each\nof the 50 States, are actively involved in this program.\nIn view of this encouraging response, I have concluded that I\nshould establish a national committee to advise me of ways in which this\nprogram can be further expanded and enhanced and of other ways in\nwhich the environmental accomplishments of individuals and groups\nmay be appropriately recognized.\n350\nTHE WHITE HOUSE\nWASHINGTON\nEva:\nPlease have\nJay Barry get\nme a copyof\nE.O. 11862, before\nthe amendment\nwhich 15 heroin\npublished on\nCERALD LIBRARY\nTHE WHITE HOUSE\nWASHINGTON\nEva:\nPlease Xoror p.619\n4 put with full\norder in \"Classification\"\ndeskfile. desk file.\nher K Classifier R. FORD\nLIBRARY 79\nPRESIDENTIAL DOCUMENTS: GERALD R. FORD, 1975\n619\nFederal National Mortgage Association\n(a) Section 2(A) is amended by deleting the words\n\"Atomic Energy Commission\" and substituting instead\nAnnouncement of Appointment of Five Members\nthe words \"Energy Research and Development Admin-\nistration.\"\nof the Board of Directors. June 11, 1975\n(b) Section (B) is amended by adding the words\nThe President today announced the appointment of\n\"Nuclear Regulatory Commission\" after the words \"Over-\nfive persons as members of the Board of Directors of the\nseas Private Investment Corporation.\"\nFederal National Mortgage Association for terms ending\n(c) Section 7 (A) is amended by deleting in the second\non the date of the annual meeting of the stockholders in\nsentence thereof the words \"Atomic Energy Commission\"\n1976. Public Law 90-448 of August 1, 1968, provided for\nand substituting instead the words \"Energy Research and\nthe establishment of this Association and provided for\nDevelopment Administration.\"\nthe orderly transfer from the Government to private\n(d) Section 8 is amended by deleting at the end there-\ncontrol, which went into effect in May 1970. The five\nof the words \"Atomic Energy Commission\" and substi-\npersons are:\ntuting instead the words \"Energy Research and Develop-\nment Administration.\"\nJACK FRANKLIN BENNETT, of Greenwich, Conn., Under Secretary\nof the Treasury for Monetary Affairs. This is a reappointment.\nSEC. 2. This order shall become effective immediately.\nLEWIS CENKER, of Atlanta, Ga., partner in the law firm of Smith,\nCohen, Ringel, Kohler, Martin & Lowe. He succeeds Louis R.\nGERALD R. FORD\nBarba, whose term has expired.\nThe White House,\nROBERT R. ELLIOT, of Gainesville, Va., General Counsel, Depart-\nJune 11, 1975.\nment of Housing and Urban Development. This is a reappoint-\nment.\n[Filed with the Office of the Federal Register, 3:42 p.m.,\nEDWARD E. MENDENHALL, JR., of High Point, N.C., senior partner,\nJune 11, 1975]\nMendenhall-Moore, Realtors. He succeeds John M. Costello,\nwhose term has expired.\nJULIAN H. ZIMMERMAN, of Fentress, Tex., chairman of the board\nand president, Equity Investors, Inc. This is a reappointment.\nThe Board of Directors consists of 15 members. Five\nmembers, which are appointed by the President annually,\nInternational Wheat Agreement\ninclude one from the homebuilding industry, one from\nthe mortgage lending industry, and one from the real\nThe President's Message to the Senate Transmitting for\nAdvice and Consent to Ratification Protocols\nestate industry. Ten persons are elected annually by the\nExtending the Agreement. June 11, 1975\ncommon stockholders. The President and Vice President\nof the Association are selected and appointed by the\nTo the Senate of the United States:\nBoard of Directors. The 15 members serve a term of one\nWith a view to receiving the advice and consent of the\nyear, and any of the members may be removed from office\nSenate to ratification, I transmit herewith the Protocols\nby the President for good cause.\nfor the Further Extension of the Wheat Trade Conven-\ntion and of the Food Aid Convention, which together\nconstitute the International Wheat Agreement, 1971.\nThese Protocols were formulated by a Conference of Gov-\nClassification and Declassification of\nernments which met in London on February 14, 1975, and\nwere open for signature in Washington from March 25\nNational Security Information\nthrough April 14.\nand Material\nI transmit also, for the information of the Senate, the\nreport of the Department of State with respect to the\nProtocols.\nExecutive Order 11862. June 11, 1975\nThe Protocol for the Further Extension of the Wheat\nTrade Convention, 1971, extends the Convention until\nAMENDING EXECUTIVE ORDER No. 11652 RELATING TO\nJune 30, 1976, and maintains the framework for inter-\nCLASSIFICATION AND DECLASSIFICATION OF NATIONAL\nnational cooperation in wheat trade matters. It also con-\nSECURITY INFORMATION AND MATERIAL\ntinues the existence of the International Wheat Council.\nThe Protocol for the Further Extension of the Food\nBy virtue of the authority vested in me by the Consti-\ntution and statutes of the United States and in implemen-\nAid Convention, 1971, also extends until June 30, 1976,\ncommitments of parties to provide minimum annual\ntation of the Energy Reorganization Act of 1974, Public\nLaw 93-438 (88 Stat. 1233), it is hereby ordered:\nquantities of food aid to developing It is the\nSECTION 1. Executive Order No. 11652 of March 8,\nintention of the United States not toodeposit ratification\n1972, as amended, is further amended as follows:\nof this Protocol unless the European Economic Commun-\nity becomes a party to the Protocol.,The United States\nVolume 11-Number 24\nINTERAGENCY CLASSIFICATION REVIEW COMMITTEE\nWASHINGTON, D.C. 20408\nJuly 2, 1975\nMEMORANDUM FOR:\nJERRY H. JONES\nSPECIAL ASSISTANT TO THE PRESIDENT\nTHE WHITE HOUSE\nSUBJECT:\nICRC TRAINING PAMPHLET FOR\nAUTHORIZED CLASSIFIERS\nAs part of its continuing emphasis on effective orientation and\ntraining programs in the security classification field, the Interagency\nClassification Review Committee has published the enclosed pamphlet\nentitled \"Know Your Responsibilities as an Authorized Classifier.\"\nA Copy should be given to each employee who has classification authority.\nPlease let us know how many copies your agency will need and to whom\nthey should be sent. There is no charge.\nActive and comprehensive orientation and training programs can be one\nvery effective way to prevent abuse of the classification system.\nReports to the ICRC reflect that the overwhelming majority of abuses\nbeing committed are in the area of improper classification marking,\nprimarily the failure to mark a document with the required stamps or\nto its assigned classification and as to its assigned declassification\nschedule or exemption therefrom. To a lesser extent, the other areas\nof reported abuse are (1) over- or under-classification and (2) the\nunauthorized use of classification authority. We hope the pamphlet will\nbe a helpful adjunct to your program by helping to eliminate abuse\nthrough more active orientation and training.\nWILLIAM L. BROWN\nExecutive Director\nFORD : 0ERALD LIBRARY\nCLASSIFIER\nAUTHORIZED\nAS AN\nYOUR\nKNOW\nWhen Classifying a Document\nUnless specifically exempted, pursuant to one of the four\nand classification. To the extent practicable, the body of the\nexemption categories set forth in Section 5(B) of Executive\ndocument should be marked to indicate which portions are clas-\nOrder 11652, by an official authorized to originally classify\nsified and at what level and which portions are not classified\ninformation or material TOP SECRET, classified information\nin order to facilitate excerpting and other use. Material con-\nand material must be subject to the General Declassification\ntaining references to classified materials, which references do\nSchedule (GDS). Alternatively, it may be designated for auto-\nnot reveal classified information, shall not be classified. Each\nmatic declassification on a given event or on a date earlier than\nclassified document must also identify in some manner, in\nprovided for in the GDS. This is called the Advance Declassi-\naccordance with approved procedures, the individual at the\nfication Schedule (ADS). The use of the exemption authority\nhighest level that authorized the classification. Where the in-\nshall be kept to the absolute minimum consistent with national\ndividual who signs or otherwise authenticates a document has\nsecurity requirements.\nalso authorized the classification, no further annotation as to\nhis identity is required. Every authorized classifier should be-\nProper marking of a classified document is important! Each\ncome thoroughly familiar with the proper marking require-\nclassified document shall show on its face its classification and\nments.\nwhether it is subject to the ADS or GDS or exempt from the\nGDS. Only authorized stamps, properly completed, may be\nIf the classifier has any substantial doubt as to which of the\nused. If a document is stamped \"Restricted Data\" or \"Formerly\nclassified categories is appropriate, or as to whether the in-\nRestricted Data,\" such markings are, in themselves, evidence\nformation or material should be classified at all, the least re-\nof exemption from the GDS. The face of the document shall\nstrictive treatment should be used.\nalso show the office of origin and the date of preparation\nSpecial Responsibility To Protect\nAn authorized classifier or other holder of national security\nclassification under Executive Order 11652, the holder shall\ninformation or material shall observe and respect the classi-\nSO inform the originator, who shall thereupon reexamine the\nfication assigned by the originator, giving it the strict protec-\nclassification. Under no circumstances may a holder make an\ntion required by its level of classification. If a holder believes\nunauthorized release of national security information. There\nthat there is unnecessary classification, that the assigned clas-\nare provisions in the U.S. Criminal Code and other applicable\nsification is improper, or that the document is subject to de-\nstatutes relating to penalties for such unauthorized disclosures.\nImplementation and Review Responsibilities\nThe Interagency Classification Review Committee (ICRC)\nWithin each department or agency, there is a departmental\nwas established at the direction of the President to assist the\nreview committee that has responsibilities to act on all sug-\nNational Security Council in monitoring the implementation\ngestions or complaints with respect to the individual depart-\nof Executive Order 11652. The ICRC has extensive oversight\nment's administration of the order. Such suggestions or com-\nresponsibilities, which are outlined in the order and in the\nplaints may include those regarding over-classification, failure\nimplementing National Security directive of May 17, 1972.\nto declassify, or delay in declassifying not otherwise resolved.\nInteragency Classification Review Committee\nLIBRARY FORD BERNLD\nWashington, D.C. 20408\nGSA DC 75.11231\nA new system for classifying Government documents relating to national security matters\nwas established on March 8, 1972, by Executive Order 11652 and further implemented by a\nNational Security Council (NSC) directive on May 17, 1972. The change represented the first\nmajor overhaul in the classification system of Federal documents in 20 years. Every authorized\nclassifier should obtain a copy of the order, the implementing NSC directive, and the regulations\nof his or her own department or agency and become thoroughly familiar with their contents.\nAuthority To Classify\nThe authority to originally classify information or material\nbe exercised only by the heads of the departments or agencies\nunder Executive Order 11652 is restricted solely to those offices\nand certain other properly designated officials and subordi-\nwithin the executive branch, enuinerated in the order, that are\nnates. No one else may assign original classifications. Desig-\nconcerned with matters of national security and is limited\nnated officials may classify information or material only at\nwithin those offices to the minimum number of persons abso-\nthe level authorized and below. Authority to classify may not\nlutely required for efficient administration. This authority may\nbe delegated to individuals not properly designated.\nSecurity Classification Categories\nOfficial information or material that requires protection\nto national security. This classification shall be used with the\nagainst unauthorized disclosure in the interest of the national\nutmost restraint.\ndefense or foreign relations of the United States (collectively\nSECRET refers to that national security information or\ntermed \"national security\" information or material) shall be\nmaterial which requires a substantial degree of protection.\nclassified in one of three categories; namely, TOP SECRET,\nThe test for assigning SECRET classification shall be wheth-\nSECRET, or CONFIDENTIAL. No other categories shall be\ner its unauthoribed disclosure could reasonably be expected\nused except as expressly provided by statute. These categories\nto cause serious damage to the national security. Examples\nmay only be used in accordance with the following definitions:\nof serious damage include disruption of foreign relations\nsignificantly affecting the national security, significant im-\nTOP SECRET refers to that national security information\npairment of a program or policy directly related to the na-\nor material which requires the highest degree of protection.\ntional security, revelation of significant military plans or\nThe test for assigning TOP SECRET classification shall be\nintelligence operations, and compromise of significant scien-\nwhether its unauthorized disclosure could reasonably be ex-\ntific or technological developments relating to national se-\npected to cause exceptionally grave damage to the national\ncurity. The classification SECRET shall be used sparingly.\nsecurity. Examples of exceptionally grave damage include\nCONFIDENTIAL refers to that national security infor-\narmed hostilities against the United States or its allies, dis-\nmation or material which requires protection. The test for\nruption of foreign relations vitally affecting the national\nassigning CONFIDENTIAL classification shall be whether\nsecurity, the compromise of vital national defense plans or\nits unauthoribed disclosure could reasonably be expected to\ncomplex cryptologic and communications intelligence sys-\ncause damage to the national security.\ntems, the revelation of sensitive intelligence operations, and\nOther designations coupled with one of the above three cate-\nthe disclosure of scientific or technological developments vital\ngories pertain to access restrictions only.\nPersonal Responsibility\nEach person possessing classifying authority shall be held\nAny Government officer or employee who unnecessarily clas-\naccountable for the propriety of the classification attributed to\nsifies or over-classifies information or material will be so noti-\nhim. Both unnecessary classification and over-classification\nfied. Repeated abuse of the classification process is grounds for\nmust be avoided. Classifications must be based solely on na-\nan administrative reprimand. The term \"classification abuse\"\ntional security considerations. In no case may information be\nmeans unnecessary classification, over- or under-classification,\nclassified to conceal inefficiency or administrative error, to pre-\nfailure to assign the proper downgrading and declassification\nvent embarrassment to a person or department, to restrain\nschedule, improper application of classification markings, im-\ncompetition or independent initiative, or to prevent for any\nproper placing of a document in an exempt declassification\nother reason the release of information that does not require\ncategory, any classification or exemption action taken without\nprotection in the interest of national security.\nauthority, or an improper delegation of classification authority.\nTHE WHITE HOUSE\nWASHINGTON\nMarch 3, 1976\nMEMORANDUM FOR:\nPHIL BUCHEN\nFROM:\nDUDLEY CHAPMAN\nSUBJECT:\nProtection of Classified Information\nunder the Amended FOIA\nThe Act as it stood before the 1974 amendments authorized withholding\nof information \"specifically required by Executive Order to be kept\nsecret in the interest of the national defense or foreign policy. 11 As\namended, withholding is permitted of matters that are \"(A) specifically\nauthorized under criteria established by an Executive Order to be\nkept secret in the interest of national defense or foreign policy and\n(B) are in fact properly classified pursuant to such Executive Order. \"\nThis means that the classification must be correct both procedurally\nand substantively. The Act makes the documents subject to in\ncamera inspection for purposes of this determination, and affidavits\nare the normal means of explaining the correctness of the classification.\nIn his veto message, the President proposed the following presumption\nwhich was agreed to by the House floor manager of the bill, Congressman\nMoorhead:\n\"that where classified documents are requested, the courts\ncould review the classification, but would have to uphold\nthe classification if there is a reasonable basis to support\nit. In determining the reasonableness of the classification,\nthe courts would consider all attendant evidence prior to\nresorting to an in camera examination of the document.\"\nVeto Message, 10 Weekly Compilation of Presidential\nDocuments 1318 (1974).\nFOKD\nGERALD\nLIBRARY\n-2-\nThe only cases known to the Department of Justice are several\nunreported cases in which the classification was upheld on the\nbasis of in camera inspection and the affidavits furnished.\nLIBRARY GERALD ? IUKO\nTHE WHITE HOUSE\nWASHINGTON\nTO:\nPHIL BUCHEN\nFROM: JOHN O. MARSH, JR.\nFor Direct Reply\nFor Draft Response\nXX\nFor Your Information\nPlease Advise\nFORD LIBRARY\nAPR 2 8 1976\n.&\nTHE WHITE HOUSE\nWASHINGTON\nApril 27, 1976\nMEMORANDUM FOR:\nJACK MARSH\nPHILIP BUCHEN\nMAX FRIEDERSDORF\nFROM:\nBOB WOLTHUIS RKW\nI got a call this morning from Kempton Jenkins at State who informed\nme that Senators Caserhas introduce dealing with securi\nthat-would.douthe-following:\n1. It would declassify all classified documents submitted to the Congress\nby the Executive Branch by a simple majority vote of the Foreign\nRelations Committee.\n2. If the committee so votes it would notify the President that he has\nfive days to object.\n3. If the President objects to the declassification then the full Senate\nmust vote on whether or not to declassify.\n4. If there is no Presidential objection declassification is automatic.\n5. If the full committee has voted not to declassify three members can\nappeal that vote to the full committee. If the full committee sustains\nits negative decision then the appeal goes to the full Senate for consideration.\nThis is a preliminary reading of the legislation. I have attached a copy\nof the resolution.\nD- Send to\n/. Mike\n2. Duo\n3. All manters ICG\nGERALD\nLIBRARY\n4. Rag W.\nsubmitted the following resolution; which was\nRESOLUTION\nRelating to the public disclosure of certain classified information\nby the Committee on Foreign Relations.\n(IDGGIT litle of resolution Lerc)\nResolved, That (a) the Committee on Foreign Relations of\nthe Senate may, subject to the provisions of this resolution,\ndisclose publicly any information in the possession of such\ncommittee after a determination by such committee that the public\ninterest would be served by such disclosure. Whenever committee\naction is required to disclose any information under this section,\nthe committec shall meet to vote on the matter within five days\nafter any member of the committee requests such a vote.\n(b) (1) In any case in which the Committee on Foreign Relation\nof the Senate votes to disclose publicly any information submitted\nto it by the executive branch which the executive branch requests\nbe kept secret, such committee shall notify the President of such\nvote.\n(2) The committee may disclose publicly such information\nafter the expiration of a five-day period following the day on\nwhich notice of such vote is transmitted to the President, unless,\nprior to the expiration of such five-day period, the President\nnotifies the committee that he objects to the disclosure of-such\ninformation, provides his reasons therefor, and certifies that\nthe threat to the national interest of the United States posed by\nsuch disclosure is vital and outweight any public interest in the\ndisclosure\nE.D STATES SCHATE\nr 8:41 LEGISLATIVE cousa\n-2-\n(3) The Committee on Foreign Relations may disclose publicly\nsuch information at any time after the expiration of three days\nfollowing the day on which it receives an objection from the\nPresident pursuant to paragraph (2), unless, prior to the expira-\ntion of such three days, three or more members of such commitiee\nfile a request in writing with the chairman of the committee\nthat the question of public disclosure of such information be\nreferred to the Senate for decision.\n(4) In any case in which the Committee on Foreigh Relations\nvotes not to disclose publicly any information submitted to it\nby the executive branch which the executive branch requests\nbe kept secret, such information shall not be publicly disclosed\nunless three or more members of such committee file, within three\ndays after the vote of such committee disapproving the public\ndisclosure of such information, a request in writing with the\nchairman of such committee that the question of public disclosure\nof such information be referred to the Senate for decision, and\npublic disclosure of such information is thereafter authorized\nas provided in paragraph (5) or (6).\n(5) Whenever three or more members of the Committee on\nForeign Relations file a request with the chairman of such com-\nmittee pursuant to paragraph (3) or (4), the chàirman shall, not\nlater than the first day on which the Senate is in session\nfollowing the day on which the request is filed, report the\nmatter to the Senate for its consideration.\n(Ti) (TITC hour afier the Senate convenes on the first day C,:\nfollowing time day on which any\nSITED STATES SENATE\nI Oi THE LICIMATIVE coursel\n-3-\n(B) disapprove the public disclosure of the\ninformation in question, in which case the committee\nshall not publicly disclose such information, or\n(c) refer the matter back to the committee,\nin which case the committee shall make the final\ndetermination with respect to the public disclosure\nof the information in question.\nUpon conclusion of the consideration of such matter in closed\nsession, which may not extend beyond the close of the fifth day\nfollowing the day on which such matter was reported to the Sen\nthe Senate shall inmediately vote on the disposition of such\nmatter in open session, without debate, and without divulging\nthe information with respect to which the vote is being taken-\nThe Senate shall vote to dispose of such matter by the means\nspecified in clauses (A), - (B), and (c) of the second sentence\nof this paragraph.\nFORD is 07/839 LIBRARY\nfile a request in writing with use\nthat the question of public disclosure of such information be\nreferred to the Senate for decision.\n(4) In any case in which the Committee on Foreign Relations\nvotes not to disclose publicly any information submitted to it\nby the executive branch which the executive branch requests\nbe kept secret, such information shall not be publicly disclosed\nunless three or more members of such committee file, within three\ndays after the vote of such committee disapproving the public\ndisclosure of such information, a request in writing with the\nchairman of such committee that the question of public disclosure\nof such information be referred to the Senate for decision, and\npublic disclosure of such information is thereafter authorized\nas provided in paragraph (5) or (6).\n(5) Whenever three or more members of the Committee on\nForeign Relations file a request with the chairman of such com-\nmittee pursuant to paragraph (3) or (4), the chairman shall, not\nlater than the first day on which the Senate is in session\nfollowing the day on which the request is filed, report the\nmatter to the Senate for its consideration.\n(6) One hour after the Senate convenes on the first day on\nwhich the Senate is in session following the day on which any\nsuch matter is reported to the Scnate, the Senate shall go into\nclosed session and the matter shall be the pending business.\nIn considering the matter in closed session the Senate mey--\n(^) approve the public disclosure of the infor-\nmation in question, in which case the committee FORD shall\npublicly disclose such information,\nTHE WHITE HOUSE\nWASHINGTON\nApril 27, 1976\nMEMORANDUM FOR:\nJACK MARSH\nPHILIP BUCHEN\nMAX FRIEDERSDORF\nFROM:\nBOB WOLTHUIS\nRKW\nI got a call this morning from Kempton Jenkins at State who informed\nme that Senator Case has introduced a bill dealing with security classification\nthat would do the following:\n1. It would declassify all classified documents submitted to the Congress\nby the Executive Branch by a simple majority vote of the Foreign\nRelations Committee.\n2. If the committee so votes it would notify the President that he has\nfive days to object.\n3. If the President objects to the declassification then the full Senate\nmust vote on whether or not to declassify.\n4. If there is no Presidential objection declassification is automatic.\n5. If the full committee has voted not to declassify three members can\nappeal that vote to the full committee. If the full committee sustains\nits negative decision then the appeal goes to the full Senate for consideration.\nThis is a preliminary reading of the legislation. I have attached a copy\nof the resolution.\n1088 Y-\nsubmitted the following resolution; which was\nRESOLUTION\nRelating to the public disclosure of certain classified information\nby the Committee on Foreign Relations.\n(losert litle of resolution base)\nResolved, That (a) the Committee on Foreign Relations of\nthe Senate may, subject to the provisions of this resolution,\ndisclose publicly any information in the possession of such\ncommittee after a determination by such committee that the public\ninterest would be served by such disclosure. Whenever committee\naction is required to disclose any information under this section,\nthe committee shall meet to vote on the matter within five days\nafter any member of the committee requests such a vote.\n(b) (1) In any case in which the Committee on Foreign Relation\nof the Senate votes to disclose publicly any information submitted\nto it by the executive branch which the executive branch requests\nbe kept secret, such committee shall notify the President of such\nvote.\n(2) The committee may disclose publicly such information\nafter the expiration of a five-day period following the day on\nwhich notice of such vote is transmitted to the President, unless,\nprior to the expiration of such five-day period, the President\nnotifien the committee that he objects to the disclosure of such\ninformation, provides his reasons therefor, and certifies that\nthe threat to the national interest of the United States posed by\nsuch disclosure is vital and outweight any public interest in the\ndisclosure\nFORD i LIBRARY GERALD\nLD STATES SCHATE\nr 1.4L LEGISLATIVE cousa\n-2-\n(3) The Committee on Foreign Relations may disclose publicly\nsuch information at any time after the expiration of three days\nfollowing the day on which it receives an objection from the\nPresident pursuant to paragraph (2), unless, prior to the expira-\ntion of such three days, three or more members of such commitiee\nfile a request in writing with the chairman of the committee\nthat the question of public disclosure of such information be\nreferred to the Senate for decision.\n(4) In any case in which the Committee on Foreigh Relations\nvotes not to disclose publicly any information submitted to it\nby the executive branch which the executive branch requests\nbe kept secret, such information shall not be publicly disclosed\nunless three or more members of such committee file, within three\ndays after the vote of such committee disapproving the public\ndisclosure of such information, a request in writing with the\nchairman of such committee that the question of public disclosur\nof such information be referred to the Senate for decision, and\npublic disclosure of such information is thereafter authorized\nas provided in paragraph (5) or (6).\nFORD\n(5) Whenever three or more members of the Committee GERALD on\nLIBRARY\nForeign Relations file a request with the chairman of such com-\nmittee pursuant to paragraph (3) or (4), the chairman shall, not\nlater than the first day on which the Senate is in session\nfollowing the day on which the request is filed, report the\nmatter to the Senate for its consideration.\n(Ti) CITC hour after the Senate convenes on the first day of\nfollowing time day on which any\n21750 STATES SCNATE\nIE OF THE LICIELATIVE COUNSEL\n-3-\n(B) disapprove the public disclosure of the\ninformation in question, in which case the committee\nshall not publicly disclose such information, or\n(c) refer the matter back to the committee,\nin which case the committee shall make the final\ndetermination with respect to the public disclosure\nof the information in question.\nUpon conclusion of the consideration of such matter in closed\nsession, which may not extend beyond the close of the fifth day\nfollowing the day on which such matter was reported to the Sene\nthe Senate shall inmediately vote on the disposition of such\nmatter in open session, without debate, and without divulging\nthe information with respect to which the vote is being taken-\nThe Senate shall vote to dispose of such matter by the means\nspecified in clauses (A), - (B), and (c) of the second sentence\nof this paragraph.\nFORD is 071830 LIBRARY\nfile a request in writing with une\nthat the question of public disclosure of such information be\nreferred to the Senate for decision.\n(4) In any case in which the Committee on Foreign Relations\nvotes not to disclose publicly any information submitted to it\nby the executive branch which the executive branch requests\nbe kept secret, such information shall not be publicly disclosed\nunless three or more members of such committee file, within three\ndays after the vote of such committee disapproving the public\ndisclosure of such information, a request in writing with the\nchairman of such committee that the question of public disclosur\nof such information be referred to the Senate for decision, and\npublic disclosure of such information is thereafter authorized\nas provided in paragraph (5) or (6).\n(5) Whenever three or more members of the Committee on\nForeign Relations file a request with the chairman of such com-\nmittee pursuant to paragraph (3) or (4), the chairman shall, not\nlater than the first day on which the Senate is in session\nfollowing the day on which the request is filed, report the\nmatter to the Senate for its consideration.\n(6) One hour after the Senate convenes on the first day on\nwhich the Senate is in session following the day on which any\nsuch matter is reported to the Scnate, the Senate shall go into\nclosed session and the matter shall be the pending business.\nIn considering the matter in closed session the Senate may--\n(^) approve the public disclosure of the infor-\nmation in question, in which case the committee shall\npublicly disclose such information,\nGERALD\nLIBRARY"
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