EXECUTIVE ORDER _ NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200050060-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 31
• Document Creation Date: December 16, 2016
• Document Release Date: July 26, 2005
• Sequence Number: 60
• Content Type: REPORT

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Executive Order
National Security Information
The interests of the United States and its citizens require
that certain information concerning our national defense and
foreign relations be protected against unauthorized disclosure.
It also is essential that the public be informed concerning the
activities of its Goverrment. This Order prescribes a uniform
information security system for classifying, declassifying and
safeguarding national security information. It also establishes
a monitoring system to ensure its effectiveness. Nothing in this
Order shall limit the protection afforded any information by
other provisions of law.
SECTION I. ORIGINAL CLASSIFICATION.
1-1. Classification Levels.
1-101. National security information that requires
protection against unauthorized disclosure (hereinafter
"classified information") shall be classified at one of
the following three levels:
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(a) "Top Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be
expected to cause exceptionally grave damage to the
national security.
(b) "Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be
expected to cause serious damage to the national
security.
(c) "Confidential" shall be applied to information, the
unauthorized disclosure of which reasonably could be
expected to cause damage to the national security.
1-102. Except as otherwise provided by statute, no other
terms shall be used to identify classified information.
1-103. If there is reasonable doubt about the need to
classify information, the information shall be considered
classified and shall be safeguarded under the provisions
of this Order pending a final determination by an original
classification authority.
1-2. Classification Authority.
1-201. Top Secret. The authority to classify information
originally as Top Secret may be exercised only by:
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a) The President;
(b) agency heads and officials as designated by the
President in the Federal Register; and
(c) officials delegated this authority under Section
1-204.
1-202. Secret. The authority to classify information
originally as Secret may be exercised only by:
(a) Agency heads and officials as designated by the
President in the Federal Register;
(b) officials with original Top Secret classification
authority; and
(c) officials delegated such authority pursuant to
Section 1-204.
1-203. Confidential. The authority to classify
information originally as Confidential may be exercised
only by:
(a) Agency heads and officials as designated by the
President in the Federal Register;
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(b) officials with original Top Secret or Secret
classification authority; and
(c) officials delegated such authority pursuant to
Section 1-204.
1-204. Delegation of Original Classification Authority.
(a) Delegations of original classification authority
shall be limited to the minimum required to administer
this Order. Agency heads are responsible for ensuring
that subordinate officials so designated have a
demonstrable and continuing need to exercise this
authority.
(b) Original Top Secret classification authority may be
delegated only by the President; an agency head or
official designated pursuant to Section 1-201(b); and
the senior official designated under Section
5-301(a), provided that official has been delegated
original Top Secret classification authority by the
agency head.
(c) Original Secret classification authority may be
delegated only by the President; an agency head or
official designated pursuant to Sections 1-201(b)
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and 1-202(a); an official with original Top Secret
classification authority; and the senior official
designated under Section 5-301(a), provided that
official has been delegated original Secret
classification authority by the agency heads.
(d) Original Confidential classification authority may
be delegated only by the President; an agency head or
official designated pursuant to Sections 1-201(b),
1-202(a), and 1-203(a); an official with original Top
Secret classification authority; and the senior official
designated under Section 5-301(a), provided that
official has been delegated original Secret or
Confidential classification authority by the agency
head.
(e) Each delegation of original classification
authority shall be in writing. It shall identify the
authority by name or position title.
1-205. Exceptional Cases. When an employee, contractor,
or grantee of an agency that does not have original
classification authority originates information believed
by the employee, contractor, or grantee to require
classification, the information shall be protected in a
manner consistent with this Order and its implementing
directives. The information shall be transmitted promptly
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under adequate safeguards to the agency which has
appropriate subject matter interest and classification
authority with respect to this information. That agency
shall decide within thirty (30) days whether to classify
this information. If it is not clear which agency has
classification responsibility for this information, it
shall be sent to the Director of the Information Security
Oversight Office. The Director shall consult with the
agency determined to have primary subject matter interest
in this information before making a classification
determination.
1-3. Classification Categories.
1-301. Information shall be considered for classification
(a
military plans, weapons, or operations;
(b) the vulnerabilities or capabilities of systems,
installations, projects, or plans vital to the national
security;
(c) foreign government information;
(d) intelligence activities (including special
activities), or intelligence sources or methods;
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(e) foreign relations or foreign activities of the
United States;
(f) scientific, technological, or economic matters
relating to the national security;
(g) United States Government programs for safeguarding
nuclear materials or facilities;
(h) cryptology;
(i) a confidential source; or
(j) other categories of information which are related
to the national security and which require protection
against unauthorized disclosure as determined by the
President or by agency heads who have original
classification authority. Any determination made under
this subsection shall be reported promptly to the
Director of the Information Security Oversight Office.
1-302. Inforrriation which is determined to concern one or
more of the categories in Section 1-301 shall be
classified when an original classification authority also
determines that its unauthorized disclosure reasonably
could be expected to cause damage to the national
security. In considering whether the disclosure of
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information could be expected to cause damage to the
national security, information shall be classified if its
unauthorized disclosure, when considered in the context of
related information, reasonably could be expected to cause
such damage.
1-303. Unauthorized disclosure of foreign government
information, or information relating to intelligence
sources or methods is presumed to cause damage to the
national security.
1-304. Information classified in accordance with Section
1-3 shall not be declassified automatically as a result of
any unofficial publication or inadvertent or unauthorized
disclosure in the United States or abroad of identical or
similar information.
1-4. Duration of Classification.
1-401. Information shall be classified for as long as
required by national security considerations. If
appropriate, the original classification authority shall
set a specific date or event for declassification at the
time the information is originally classified.
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I-402. Automatic declassification determinations under
predecessor orders shall remain valid unless extended by
an authorized official of the originating agency. These
determinations may be by individual documents or
categories of information. The agency shall be
responsible for notifying holders of the information of
such determinations.
1-403. Information classified under predecessor orders
and marked for declassification review shall remain
classified until reviewed for declassification under the
provisions of this Order.
1-5 Identification and Markings.
1-501. At the time of original classification, the
following shall be shown on the face of all classified
documents, and prominently displayed, where practicable,
on all other forms of classified information:
(a) The identity of the original classification
authority if other than the person whose name appears as
the approving or signing official (unless this
information itself would reveal a confidential source or
relationship not otherwise evident in the document or
information);
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(b) the agency and office of origin (unless this
information itself would reveal a confidential source or
relationship not otherwise evident in the document or
information);
(c) the date or event for declassification, or the
notation "Originating Agency Review Required"; and
(d) one of the three classification levels defined in
Section I-l.
1-502. Marking designations implementing the provisions
of this Order, including abbreviations, shall conform to
the standards prescribed in implementing directives issued
by the Information Security Oversight Office.
1-503. Foreign government information shall either retain
its original classification or be assigned a United States
classification that shall ensure a degree of protection at
least equivalent to that required by the entity that
furnished the information.
1-6. Limitations on Classification.
1-601. Classification shall be determined solely on the
basis of national security considerations. In no case
shall information be classified in order to conceal
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violations of law, inefficiency or administrative error;
to prevent embarrassment to a person, organization or
agency; to restrain competition; or to prevent or delay
the release of information which does not require
protection in the interest of national security.
1-602. The President or an agency head or official as
provided in Sections 1-201(b), 1-202(a) or 1-203(a) may
re-classify information previously declassified and
disclosed if it is determined in writing that (a) the
information requires protection in the interest of
national security; and (b) the information may reasonably
be recovered.
1-603. Information may be classified after an agency has
received a request for it under the Freedom of Information
Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C.
552a), or the Mandatory Review provisions of this Order
(Section 3-4) if such classification meets the
requirements of this Order and is accomplished personally
and on a document-by-document basis by the agency head,
the deputy agency head, the senior agency official
designated under Section 5-301(a), or an official with
original Top Secret classification authority.
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SECTION 2. DERIVATIVE CLASSIFICATION.
2-I. Use of Derivative Classification.
2-101. Derivative classification is the determination
that information is in substance the some as information
currently classified, and the application of the some
classification markings. Persons who only reproduce,
extract, or summarize classified information, or who only
apply classification markings derived from source material
or as directed by a classification guide, need not possess
original classification authority.
2-102. Persons who apply derivative classification
markings shall:
(a) Observe and respect original classification
decisions; and
(b) carry forward to any newly created documents any
assigned authorized markings. The most restrictive
declassification date or event shall be used for
documents classified on the basis of multiple sources.
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2-2. Classification Guides..
2-201. Agencies with original classification authority
shall prepare classification guides to facilitate the
proper and uniform derivative classification of
information.
2-202. Each guide shall be approved personally and in
writing by an official who:
(a) Has program or supervisory responsibility over the
information or is the senior agency official designated
under Section 5-301(a); and
(b) is authorized to classify information originally at
the highest level of classification prescribed in the
guide.
2-203. Agency heads may, for good cause, grant and revoke
waivers of the requirement to prepare classification
guides for specified classes of documents or
information. The Director of the Information Security
Oversight Office shall be notified of any waivers.
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ECTION 3. DECLASSIFICATION N \E) DG1NC ADING.
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3-I. Declassification Authority.
3-101. Information shall be declassified or downgraded as
soon as national security considerations permit. Agencies
shall coordinate their review of classified information
with other agencies that have a direct interest in the
subject matter. Information that continues to meet the
classification requirements prescribed by Section 1-3
despite the passage of time will continue to be protected
in accordance with this Order.
3-102. Information shall be declassified or downgraded by
the official who authorized the original classification,
if that official is still serving in the same position;
the originator's successor; a supervisory official of
-either; or officials delegated such authority in writing
by the agency head or the senior agency official
designated pursuant to Section 5-301(a).
3-103. If the Director of the Information Security
Oversight Office determines that information is classified
in violation of this Order, the Director may require the
information to be declassified by the agency that
originated the classification. Any such decision by the
Director may be appealed to the National Security
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Council. The information shall remain classified until
the appeal is decided.
3-104. The provisions of this section shall apply to
agencies which, under the terms of this Order, do not have
original classification authority, but which had such
authority under predecessor orders.
3-2 Transferred Information.
3-201. In the case of classified information transferred
in conjunction with a transfer of functions, and not
merely for storage purposes, the receiving agency shall be
deemed to be the originating agency for purposes of this
Order.
3-202. In the case of classified information which is not
officially transferred as described in Section 3-201, but
which originated in an agency which has ceased to exist
and for which there is no successor agency, each agency in
possession of such information shall be deemed to be the
originating agency for purposes of this Order. Such
information may be declassified or downgraded by the
agency in possession after consultation with any other
agency which has an interest in the subject matter of the
information.
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3-3. Systematic Review for Declassification
3-301. The Archivist of the United States shall,
consistent with procedures prescribed in the Information
Security Oversight Office's directives implementing this
Order, systematically review for declassification (i)
classified records accessioned into the National Archives
of the United States, and (ii) classified presidential
papers or records in the Archivist's possession and
control. Such information shall be reviewed by the
Archivist for declassification in accordance with
systematic review guidelines that shall be provided by
agency heads who originated the information, or in the
case of foreign government information, by the Director of
the Information Security Oversight Office, in consultation
with interested agency heads. The Secretary of Defense
may establish special procedures for systematic review for
declassification of classified cryptologic information,
and the Director of Central Intelligence may establish
special procedures for systematic review for
declassification of classified information pertaining to
intelligence activities, (including special activities),
or intelligence sources and methods.
3-302. Agency heads may conduct internal systematic
review programs for classified information originated by
their agencies contained in permanently valuable records
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which have not been accessioned into the National Archives
of the United States.
3-4. Mandatory Review for Declassification.
3-401. Except as provided in Section 3-402, all
information classified under this Order or predecessor
orders shall be subject to a review for declassification
by the originating agency, if:
(a) the request is made by a United States citizen or
permanent resident alien, or a State or local
government; and
(b) the request describes the information with
sufficient specificity to enable the agency to locate it
with a reasonable amount of effort.
3-402. Information less than twelve years old originated
by the President, the White House Staff, by committees or
con-missions appointed by the President, or others acting
on behalf of the President, including such information in
the possession and control, of the Administrator of General
Services pursuant to sections 2107, 2107 note, or 2203 of
title 44, United States Code, is exempted from the
provisions of Section 3-401. Such information over twelve
years old shall be subject to mandatory review for
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declassification in accordance with the provisions of this
3-403. Agencies conducting a mandatory review for
declassification shall declassify information no longer
requiring protection under this Order. They shall release
this information unless withholding is otherwise
appropriate under applicable law.
3-404. Agency heads shall develop procedures to process
requests for the mandatory review of classified
information. These procedures shall apply to information
classified under this or predecessor orders. They shall
also provide a means for administratively appealing a
denial of a mandatory review request. The Secretary of
Defense shall develop special procedures for the review of
cryptologic information, and the Director of Central
Intelligence shall develop special procedures for the
review of information pertaining to intelligence
activities (including special activities), or intelligence
sources or methods, after consultation with affected
agencies. The Archivist shall develop special procedures
for the review of information accessioned into the
National Archives of the United States. All procedures
for mandatory review shall be reviewed by the Director,
Information Security Oversight Office, to ensure that they
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are consistent with this Order and its implementing
directives.
3-405. In response to a request for information under the
Freedom of Information Act, the Privacy Act of 1974, or
the Mandatory Review provisions of this Order:
(a) An agency shall refuse to confirm or deny the
existence or non-existence of requested information
whenever the fact of its existence or non-existence is
itself classifiable under this Order.
(b) When an agency receives any request for documents
in its custody that were classified by another agency,
it shall refer copies of the request and the requested
documents to the originating agency for processing, and
may, after consultation with the originating agency,
inform the requester of the referral. In cases in which
the originating agency determines in writing that
response under Section 3-405(a) is required, the
referring agency shall respond to the requester
consistent with that Section.
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SECTION 4. SAFEGUARDING.
4-I. General Restrictions on Access.
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4-101. A person is eligible for access to classified
information only after a formal determination of
trustworthiness has been reached by agency heads or
designated senior officials and provided that such access
is essential to the accomplishment of authorized and
lawful Government purposes.
4-102. Controls shall be established by each agency to
ensure that classified information is used, processed,
stored, reproduced, transmitted, and destroyed only under
conditions that will provide adequate protection and
prevent access by unauthorized persons.
4-103. Classified information shall not be disseminated
outside the executive branch except under conditions which
ensure that the information will be given protection
equivalent to that afforded within the executive branch.
4-104. Except as provided by directives issued by the
President through the National Security Council,
classified information originating in one agency may not
be disseminated outside any other agency to which it has
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been made available without the consent of the originating
agency.
4-2. Special Access Programs.
4-201. Agency heads designated pursuant to.Section 1-201
may create special access programs to control access,
distribution, and protection of particularly sensitive
information classified pursuant to this Order or
predecessor orders. Such programs may be created or
continued only at the written direction of these agency
heads. For special access programs pertaining to
intelligence activities (including special activities), or
intelligence sources or methods, this function will be
exercised by the Director of Central Intelligence. For
special access programs pertaining to cryptology, this
function will be exercised by the Secretary of Defense.
4-202. Each agency head shall establish and maintain a
system of accounting for special access programs. The
Director of the Information Security Oversight Office
shall have non-delegable access to all such accountings.
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4-3. Access by Historical Researchers and Former Presidential
Appointees.
4-301. The requirement in Section 4-101 that access to
classified information may be granted only as is essential
to the accomplishment of authorized and lawful Government
purposes may be waived as provided in Section 4-302, for
persons who:
(a)
are engaged in historical research projects, or
(b) previously have occupied policy-making positions to
which they were appointed by the President.
4-302. Waivers under Section 4-301 may be granted only if
the agency with jurisdiction over the information:
(a) determines in writing that access is consistent
with the interest of national security;
(b) takes appropriate steps to protect classified
information from unauthorized disclosure or compromise,
and ensures that the information is safeguarded in a
manner consistent with this Order; and
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(c) limits the access granted to former presidential
appointees to items that the person originated,
reviewed, signed or received while serving as a
presidential appointee.
SECTION 5. 1NPLEWIENTATION AND REVIEW.
5-1. Policy Direction.
5-101. The National Security Council shall provide
overall policy direction for the information security
program.
5-102. The Administrator of General Services shall be
responsible for implementing and monitoring the program
established pursuant to this Order. This responsibility
shall be delegated to the Director of the Information
Security Oversight Office.
5-2. Information Security Oversight Office.
5-201. The Information Security Oversight Office shall
have a full-time Director appointed by the Administrator
of General Services subject to approval by the
President. The Director shall have the authority to
appoint a staff for the Office.
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5-202. The Director shall:
(a) Develop, in consultation with the agencies, and
promulgate, subject to the approval of the National
Security Council, directives for the implementation of
this Order which shall be binding on the agencies;
(b) review all agency implementing regulations and
agency guidelines for systematic declassification
review. The Director shall require any regulation or
guideline to be changed if it is not consistent with
this Order or implementing directives. Any such
decision by the Director may be appealed to the National
Security Council. The agency regulation or guideline
shall remain in effect until the appeal is decided;
(c) oversee agency actions to ensure compliance with
this Order and implementing directives;
(d) have the authority to conduct on-site reviews of
the information security program of each agency that
creates or handles classified information and to require
of each agency those reports, information, and other
cooperation which may be necessary to fulfill the
Director's responsibilities. If these reports,
inspections, or access to specific categories of
classified information would pose an exceptional
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national security risk, the affected agency head or the
senior official designated under Section 5-301(u) may
deny access. The Director may appeal denials to the
National Security Council. The denial of access shall
remain in effect until the appeal is decided;
(e) review requests for original classification
authority from agencies or officials not granted
original classification authority and, if deemed
appropriate, recommend presidential approval;
(f) consider and take action on complaints and
suggestions from persons within or outside the
Government with respect to the administration of the
information security program;
(g) have the authority to prescribe standard forms
which will promote the implementation of the information
security program;
(h) exercise case-by-case classification authority
accordance with Section 1-205;
(i) report annually to the President through the
National Security Council on the implementation of this
Order; and
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(j) have the authority to convene and chair interagency
meetings to discuss matters pertaining to the
information security program;
5-3. General Responsibilities.
5-301. Agencies which originate or handle classified
information shall:
(a) Designate a senior agency official to direct and
administer its information security program, which shall
include an active oversight and security education
program to ensure effective implementation of this
Order;
(b) promulgate implementing regulations. Any
unclassified regulations that establish agency
information security policy shall be published in the
Federal Register to the extent that these regulations
affect members of the public; and
(c) establish procedures to prevent unnecessary access
to classified information, including procedures which
(i) require that a demonstrable need for access to
classified information is established before initiating
administrative clearance procedures, and (ii) ensure
that the number of persons granted access to classified
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information is reduced to and maintained at the minimum
number that is consistent with operational and security
requirements and needs.
5-4. Sanctions.
5-401. If the Director of the Information Security
Oversight Office finds that a violation of this Order or
its implementing directives may have occurred, the
Director shall make a report to the head of the agency or
to the senior official designated under Section 5-301(a)
so that corrective steps, if appropriate, may be taken.
5-402. Officers and employees of-the United States
Government shall be subject to appropriate sanctions if
they:
(a) knowingly, willfully or negligently disclose
without authorization information properly classified
under this Order or predecessor orders;
(b) knowingly and willfully classify or continue the
classification of information in violation of this Order
or any implementing directive; or
(c) knowingly, willfully or negligently violate any
other provision of this Order or implementing directive.
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5-403. Sanctions may include reprimand, suspension
without pay, removal, termination of classification
authority, or other sanction in accordance with applicable
law and agency regulation.
5-404. Each agency head or the senior official designated
under Section 5-301(a) shall ensure that appropriate and
prompt corrective action is taken whenever a violation
under Section 5-402 occurs. Each shall ensure that the
Director of the Information Security Oversight Office is
promptly notified whenever a violation unaer Section
5-402(a) or (b) occurs.
SECTION 6. GENERAL PROVISIONS.
6-1. Definitions.
6-101. "Agency" has the meaning provided at 5 U.S.C.
552(e).
6-102. "Information" includes any information or
material, regardless of its physical form or
characteristics, that is owned by, produced by, produced
for, or is under the control of the United States
Government.
DRAFT
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6-103. "Classified information" means information that
has been determined pursuant to this Order or any
predecessor order to require protection against
unauthorized disclosure and that is so designated.
6-104. "Foreign government information" means:
(a) Information provided by a foreign government or
governments, an international organization of
governments, or any element thereof with the
expectation, expressed or implied, that the information,
or the source of the information, is to be held in
confidence; or
(b) any information produced by the United States
pursuant to or as a result of a joint arrangement, with
a foreign government or organization of governments,
requiring that the information, the arrangement, or both
be held in confidence.
6-105. "National security" means the national defense
and/or foreign relations of the United States.
6-106. "Confidential source" means any individual or
organization which has provided, or which may reasonably
be expected to provide, information to the United States
on matters pertaining to the national security with the
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expectation, expressed or implied, that the information or
relationship, or both, be held in confidence.
6-2. General.
6-201. Nothing in this Order shall supersede any
requirement made by or under 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 regulations issued under that Act.
6-202. The Attorney General, upon request by the head of
an agency or the Director of the Information Security
Oversight Office, shall personally or through authorized
representatives of the Department of Justice render an
interpretation of this Order with respect to any question
arising in the course of its administration.
6-203. Executive Order No. 12065 of June 28, 1978; the
accompanying presidential Order of June 28, 1978;
Information Security Oversight Office Implementing
Directive No. I of October 2, 1978; and Section 5-209 of
Executive Order No. 12148 of July 20, 1979, are revoked as
of the effective date of this Order.
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6-204. This Order shall become effective
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