PART 105-62—DOCUMENT SECURITY AND DECLASSIFICATION Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); and E.O. 12065 dated June 28, 1978. Source: 44 FR 64805, Nov. 8, 1979, unless otherwise noted. § 105-62.000 Scope of part. This part prescribes procedures for safeguarding national security information and material within GSA. They explain how to identify, classify, downgrade, declassify, disseminate, and protect such information in the interests of national security. They also supplement and conform with Executive Order 12065 dated June 28, 1978, subject: National Security Information, and the Implementing Directive dated September 29, 1978, issued through the Information Security Oversight Office. Subpart 105-62.1—Classified Materials § 105-62.101 Security classification categories. As set forth in Executive Order 12065, official information or material which requires protection against unauthorized disclosure in the interests of the national defense or foreign relations of the United States (hereinafter collectively termed “national security”) shall be classified in one of three categories: Namely, Top Secret, Secret, or Confidential, depending on its degree of significance to the national security. No other categories shall be used to identify official information or material as requiring protection in the interests of national security except as otherwise expressly provided by statute. The three classification categories are defined as follows: (a) Top Secret. (b) Secret. (c) Confidential. § 105-62.102 Authority to originally classify. (a) Top secret, secret, and confidential. (b) Limitations on delegation of classification authority. [47 FR 5416, Feb. 5, 1982] § 105-62.103 Access to GSA-originated materials. Classified information shall not be disseminated outside the executive branch of the Government without the express permission of the GSA Security Officer except as otherwise provided in this § 105-62.103. (a) Access by historical researchers. (1) A written determination is made by the Administrator of General Services that such access is clearly consistent with the interests of national security. (2) Access is limited to that information over which GSA has classification jurisdiction. (3) The material requested is reasonably accessible and can be located with a reasonable amount of effort. (4) The person agrees to safeguard the information and to authorize a review of his or her notes and manuscript for determination that no classified information is contained therein by signing a statement entitled “Conditions Governing Access to Official Records for Historical Research Purposes.” (5) An authorization for access shall be valid for a period of 2 years from the date of issuance and may be renewed under the provisions of this § 105-62.103(a). (b) Access by former Presidential appointees. (1) To safeguard the information, (2) To authorize a review of his or her notes for determination that no classified information is contained therein, and (3) To ensure that no classified information will be further disseminated or published. (c) Access during judicial proceedings. (d) Access to material in NARS custody. (e) Access by the General Accounting Office and congressional committees. Subpart 105-62.2—Declassification and Downgrading § 105-62.201 Declassification and downgrading. (a) Authority to downgrade and declassify. (1) Information or material may be downgraded or declassified by the GSA official authorizing the original classification, by a successor in capacity, by a supervisory official of either, or by the Information Security Oversight Committee on appeal. (2) Downgrading and declassification authority may also be exercised by an official specifically authorized by the Administrator. (3) In the case of classified information or material officially transferred to GSA by or under statute or Executive order in conjunction with a transfer of functions and not merely for storage purposes, GSA shall be deemed the originating agency for all purposes under these procedures including downgrading and declassification. (4) In the case of classified information or material held in GSA not officially transferred under paragraph (a)(3) of this section but originated in an agency which has since ceased to exist, GSA is deemed the originating agency. Such information or material may be downgraded and declassified 30 calendar days after consulting with any other agencies having an interest in the subject matter. (5) Classified information or material under the final declassification jurisdiction of GSA which has been transferred to NARS for accession into the Archives of the United States may be downgraded and declassified by the Archivist of the United States in accordance with Executive Order 12065, directives of the Information Security Oversight Office, and the systematic review guidelines issued by the Administrator of General Services. (6) It is presumed that information which continues to meet classification requirements requires continued protection. In some cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise they shall be referred to the Administrator, the Director of the Information Security Oversight Office, or in accordance with the procedures for mandatory review described in § 105-62.202(b). (b) Declassification. (c) Downgrading. § 105-62.202 Review of classified materials for declassification purposes. (a) Systematic review for declassification. (b) Mandatory review for declassification. (c) Submission of requests for review. (1) Requests originating within GSA shall in all cases be submitted directly to the service or staff office that originated the information. (2) For expeditious action, requests from other governmental agencies or from members of the public should be submitted directly to the service or staff office that originated the material, or, if the originating element is not known, or no longer exists, the requester shall submit the request to the GSA Security Officer who shall cause such request to be reviewed. (d) Requirements for processing. (1) The request is in writing and reasonably describes the information sought with sufficient particularity to enable the element to identify it. (2) The requester shall be asked to correct a request that does not comply with paragraph (d)(1) of this section, to provide additional information. (3) If within 30 days the requester does not correct the request, describe the information sought with sufficient particularity or narrow the scope of the request, the element that received the request shall notify the requester and state the reason why no action will be taken on the request. (e) Processing of requests. (1) GSA action upon the initial request shall be completed within 60 days. (2) Receipt of the request shall be acknowledged within 7 days. (3) The designated service or staff office shall determine if the requested information may be declassified and shall make such information available to the requester, unless withholding it is otherwise warranted under applicable law. If the information may not be released in whole or in part, the requester shall be given a brief statement as to the reasons for denial, a notice of the right to appeal the determination to the Deputy Administrator (the notice shall include the Deputy Administrator's name, title, and address), and a notice that such an appeal must be filed with the Deputy Administrator within 60 days in order to be considered. (f) Foreign government information. (g) Information classified outside the service or staff office. (h) Action on appeal. (1) The Deputy Administrator shall, within 15 days of the date of the appeal, convene a meeting of the GSA Information Security Oversight Committee (ISOC) that shall include the GSA Security Officer, or his or her representative, and the GSA official who denied the original request (and, at the option of that official, any subordinates or personnel from other agencies that participated in the decision for denial). (2) The ISOC shall learn from the official the reasons for denying the request, concentrating in particular upon which requirement continued classification is based and the identifiable damage that would result if the information were declassified. The ISOC shall also learn from the official the part or parts of the information that is classified and if by deleting minor segments of the information it might not then be declassified. (3) The ISOC's decision to uphold or deny the appeal, in whole or in part, shall be based upon the unanimous opinion of its membership. In the event that unanimity cannot be attained, the matter shall be referred to the Administrator, whose decision shall be final. (4) Based upon the outcome of the appeal, a reply shall be made to the person making the appeal that either encloses the requested information or part of the information, or explains why the continued classification of the information is required. A copy of the reply shall be sent to the GSA official who originally denied the request for declassification, to the GSA Security Officer, and to any other agency expressing an interest in the decision. (5) Final action on appeals shall be completed within 30 days of the date of the appeal. (i) Prohibition. (j) Presidential papers.