EXECUTIVE ORDER NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200060002-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 16, 2016
• Document Release Date: July 25, 2005
• Sequence Number: 2
• Content Type: REGULATION

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Executive Order
National Security Information
The interests of the United States and its citizens require
that certain information in the Government's possession
concerning our national defense and foreign relations be
protected uniformly against unauthorized disclosure. It also is
essential that the public be informed concerning the activities
of its Government. To ensure that national security information
is adequately 'safeguarded, this Order identifies the information
to be so protected, prescribes classification, declassification,
and safeguarding standards to be followed, and establishes a
monitoring system to ensure its effectiveness.
SECTION 1. ORIGINAL CLASSIFICATION.
1-1. Classification Designation.
1-101. Information that requires protection against
unauthorized disclosure in the interest of national security
shall be classified in one of the three categories listed
below. If there is reasonable doubt as to which category is
appropriate, or as to whether.the information should b
classified at all, the information shall be protected at the
higher level of classification until a final determination is
made as to the need for protection and the level of protection
required. No other categories of classification shall be used to
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identify information as requiring protection in the interest.of
national security, except as otherwise provided by statute.
Nothing in this Order shall be construed as limiting the
protection afforded national security information by any other
provision of law.
1-102. "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.
1-103. "Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause serious damage to the national security.
1-1.04. "Confidential" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause damage to the national security.
1-2. Classification Authority.
designate by publication in the Federal Register, and by
officials to whom such authority is delegated in accordance with
1-201. Top Secret. Authority for original classification
of information as Top Secret may be exercised only by the
President, by such agency heads or officials as the President may
1-202. Secret. Authority for original classification of
information as Secret may be exercised only by such agency heads
or officials as. the President may designate by publication in the
Federal Register, by officials to whom such authority is ..
Section 1-204.
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delegated in accordance with Section 1-204, and by officials who
have Top Secret classification authority.
1-203. Confidential . Authority for original classification
of information as Confidential may be exercised only by such
agency heads or officials as the President may designate by
publication in the Federal Register, by officials to whom such
authority is delegated in accordance with Section 1-204, and by
officials who have Top Secret or Secret classification authority.
1-204. Limitation on Delegation of Original Classification
Authority.
(a) Authority for original classification of
information as Top Secret may be delegated only to principal
subordinate officials who have a need to exercise such
authority as determined by the President, by agency heads or
officials designated pursuant to Section 1-201, or by senior
officials with Top Secret classification authority who have
been designated in writing to exercise this authority by
such agency heads.
(b) Authority for original classification of
information as Secret may be delegated only to subordinate
officials who have a need to exercise such authority as
determined by the President, by agency heads or officials
designated pursuant to Section 1-201 and 1-202, or by
officials with Top Secret classification authority.
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(c) Authority for original classification of
information as Confidential may be delegated only to
subordinate officials who have a need to exercise such
authority as determined by the President, by agency heads
designated pursuant to Sections 1-201, 1-202, and 1-203, or
by officials with Top Secret classification authority.
(d) Each delegation of original classification
authority shall be in writing by name of official or title
of position held.
(e) Delegations of original classification authority
shall be limited to the absolute minimum required to
exercise such authority to effectively and efficiently
administer this Order. Agency heads shall be responsible
for ensuring that officials so designated have a
demonstrable and continuing need to exercise such authority.
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 under adequate safeguards to the agency which has
appropriate subject matter interest and classification authority
with respect to this information. That agency shall decide
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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 for review. The Director
shall consult with any agency determined to have a subject matter
interest in this information before making a classification
determination.
1-3. Classification Requirements.
1-301. Information shall be considered for classification
if it concerns:
(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;
(e) foreign relations or foreign activities of the
United States;
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(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) matters whose disclosure might place the life or
safety of an individual in jeopardy;
(j) techniques, procedures or material relating to the
protective mission of the United States Secret Service or
other agencies with similar responsibilities;
(k) a confidential source; or
.(l) 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
subsection shall be reported promptly to the
Information Security oversight office.
Director of the
-1-302. Information which is determined to concern one or
more of the categories in Section 1-301 shall be classified when
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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 information could be expected to cause damage to
the national security, it is not necessary to consider such
information in isolation. 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, cryptologic information, information which could
compromise the identity of a confidential source, or information
relating to intelligence activities (including special
activities), or 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. Procedures shall
be developed by agencies to ensure the effectiveness ahd
integrity of the classification system while eliminating the
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accumulation of classified information which no longer requires
protection. .Information shall be considered for downgrading or
declassification as soon as practicable based on the degree to
which the passage of time or the occurrence of a specific event
or events may have eliminated or reduced the original national
security sensitivity of this information. If appropriate,
original classification authorities shall set a specific date or
event for declassification or review for declassification at the
time the information is originally classified.
1-402. Information subject to automatic declassification
pursuant to limitations on duration of classification specified
in predecessor orders shall not be automatically declassified,
but shall be reviewed to determine if national security
considerations require continued classification. Agency heads
designated pursuant to Section 1-2 and the heads of agencies
which had original classification authority under predecessor
orders may exempt specific categories of information under their
jurisdiction from this review requirement.*
* Department of Defense objects to the inclusion of this Section
in the Order due to the unacceptable administrative burden that
they believe will be created in compelling agencies to
discriminate between legitimate declassification dates and those
which were artificially assigned to documents to comply with the
requirements of E.O. 12065.
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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, except where such markings would
reveal a confidential source or relationship not otherwise
evident from the face of such documents or information:
(a) the office of origin;
(b) the date or event for declassification or the
notation " Declassify U op n Notification of Originator"; and
(c) one of the three classification designations
defined in Section 1-i.
1-502. Only the designations Top Secret, Secret, or
Confidential may be used to identify classified information.
Markings such as "For Official Use Only", "Limited official use"
or "Sensitive" shall not be used for that purpose.
1-503. Each classified document shall, by marking or other
means, indicate which portions are classified, with the
applicable classification designation, and which portions are not
classified. The President and agency heads designated pursuant
to Section 1-2 may, for good cause, except information under
their classification jurisdiction from this portion-marking
requirement.
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1-504. Foreign government information shall either retain
its original classification designation or be assigned a United
States classification designation that shall ensure a degree of
protection at least equivalent to that required by the entity
that furnished the information.
1-6. x,imitations 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 violations of law,
inefficiency or administrative error, to prevent embarrassment to
a person, or organization or agency, or to restrain competition,
or to prevent for any other reason the release of information
which does not require protection in the interest of national
security.
1-602. Classification may not be used to limit
dissemination of information that is not classifiable under the
provisions of this Order or to prevent or delay the public
release of such information.
1-603. A document may be classified after an agency has
received a request for the document 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 is appropriate under this
Order and is authorized by the agency head, by the deputy agency
head, by senior agency officials designated by agency heads, or
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shall:
(a) observe and respect original classification
decisions, which shall not be altered by the use of
by an official with Top Secret classification authority.
Classification authority under this provision shall be exercised
personally, on a document-by-document basis.
1-604. Information which has been reviewed for
declassification under the procedural and substantive criteria of
E.O. 12065 pursuant to a Freedom of Information Act or Privacy
Act or Mandatory Review request which is still pending at the
time this Order becomes effective, need not be rereviewed under
the provisions of this Order, though an agency may in its sole
discretion apply the provisions of this order to such pending
requests.
SECTION 2. DERIVATIVE CLASSIFICATION.
2-1. Use of Derivative Classification.
2-101. Persons who only reproduce, extract, or summarize
classified information, or who merely apply classification
markings derived from source material or as directed by a
classification guide, need not possess original classification
2-102. Persons who apply such derivative classification
authority.
classification level, time limit,
or other marking different
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from the original on any copy, extract, paraphrase,
restatement, or summary of any classified item except as
specified under approved procedures for downgrading,
declassification, or classification review in accordance
with Section 3 below; and
(b) carry forward to any newly created documents any
assigned dates or events for declassification and any
additional authorized markings. A single declassification
date or event may be used for documents classified on the
basis of multiple sources.
2-2. Classification Guides.
2-201. Agencies may promulgate classification guides to
facilitate the proper and uniform classification of
information. To the extent that information is classified
pursuant to these guides, such classification is derivative
classification.
2-202. Each guide shall be approved personally and in
writing by an appropriate classification authority. Such
approval constitutes an original classification decision.
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Section 3. DECLASSIFICATION AND DOWNGRADING.
3-1. 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. To the fullest extent practicable, information shall
be declassified or downgraded by the official who authorized the
original classification if that official is still serving in the
same position, or by the originator's officially authorized
successor. Declassification and downgrading authority also may
be exercised by a supervisory official of the original classifier
or successor, or by officials delegated such authority by a
senior agency official designated pursuant to Section 5-301(a).
3-103. 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.
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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.
3-203. Classified information transferred to the General
Services Administration for accession into the Archives of the
United States shall be downgraded or declassified in accordance
with this Order, with directives of the President issued through
the National Security Council, and with agency guidelines
promulgated in consultation with the Information Security
Oversight office.
3-3. Systematic Review for Declassification.
3-301. The President and agency heads designated pursuant
to Section 1-2, including the heads of agencies which had
original classification authority under predecessor orders, may
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establish procedures for the systematic review of classified
information constituting permanently valuable records of the
Government, as defined in 44 U.S.C_. 2103, and information in the
possession and control of the Administrator of General Services,
pursuant to 44 U.S.C. 2107 or 2107 note, for the purpose of
declassifying or downgrading such information. Guidelines
concerning systematic review for declassification may be issued
by such agency heads for classified information under their
jurisdiction after consultation with the Archivist of the United
States and review by the Information Security Oversight Office.
Information for which no systematic declassification guidelines
are issued, or information which is not identified in these
guidelines as requiring systematic review, and for which a prior
declassification date has not been established, shall be subject
to review for declassification in accordance with the provisions
of Section 3-4.
3-302. The Secretary of Defense may establish special
procedures for systematic review for declassification of
cryptologic information, and the Director of Central Intelligence
may establish special procedures for systematic review for
declassification of information pertaining to intelligence
activities (including special activities), or intelligence
sources or methods.
3-303. Guidelines issued pursuant to this section shall be
used by the Archivist of the United States and, upon approval of
the issuing authority, any agency having custody of the
information.
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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, provided that:
(a) the request is made by a United States citizen or
permanent resident alien,-or a federal, state or local
United States governmental body or agency, and
(b) the request describes the documents or material
containing the information sought with sufficient
specificity to enable the agency to locate it with a
reasonable amount of effort.
3-402. Information less than ten years old which was
originated by the President, the White House Staff, by committees
or commissions appointed by the President, or by others acting on
behalf of the President, including such information in the
possession and control of the Administrator of General Services
pursuant to 44 U.S.C. 2107 or 2107 note, is exempted from the
provisions of Section 3-401. Such information over ten years old
shall be subject to mandatory review for declassification in
accordance with the provisions of this Section.
3-403. Agencies conducting a mandatory review for
declassification shall declassify and release information no
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longer requiring protection under this order unless withholding
otherwise is warranted under the Freedom of Information Act, the
Privacy Act, or other applicable law.
3-404. Agency heads shall develop procedures to process
requests for the mandatory review of classified information. 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
appropriate consultation with affected agencies. The Archivist
shall develop special procedures for the review of information in
the possession and control of the Administrator of General
Services pursuant to 44 U.S.C. 2107 or 2107 note. All procedures
for mandatory review shall be reviewed by the Director,
Information Security Oversight Office, to ensure that they are
consistent with this Order.
3-405, in response to a request for information under the
Freedom of Information Act, the Privacy Act, 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
Order.
is itself classifiable under this
(b) When an agency receives any
request for documents in
its custody that were classified by another agency,. it shall
refer the request to the originating agency for processing, and
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may, after consultation with the originating agency, inform the
requester of the referral. In cases in which a response under
Section 3-405(a) is determined to be required, the referring
agency shall respond to the requester consistent with that Section.
.3-406. Requests for declassification which are submitted
under the provisions of the Freedom of Information Act or Privacy
Act shall be processed in accordance with the provisions of those
Acts.
SECTION 4. SAFEGUARDING.
4-1. General Restrictions on Access.
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 or contractual
obligations. In order to make this determination, agencies are
authorized to collect background data on individuals, including
criminal justice information.* Agency heads designated pursuant
to Section 1-2 shall issue and maintain minimum investigative
standards that must be satisfied before access to information
classified in each of the three national security classification
designations is permitted.)
* Department of Justice has objected to the inclusion of this
provision which specifically authorizes the collection of
background data on individuals, finding an executive order on
classification an inappropriate vehicle in which to address the
issue of an agency's investigative authority.
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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. Originating agencies may place
restrictions on the reproduction of classified documents and
establioh other accountability controls in conformity with this
policy of protecting classified information from unauthorized disclosure.
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 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.- Procedures governing the creation, continuance, and
maintenance of such special access programs shall be developed by
these agency heads. Such programs may be created or continued
only at the written direction of these agency heads. For special
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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, who shall ensure the establishment of common
security, access, dissemination and control standards for such
programs.
4-3. Access by Historical Researchers and Former Presidential
Apo intees.
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 or
contractual obligations may be waived in the exercise of an
agency's sole discretion, 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 in the exercise
of its sole discretion:
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(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 such information is safeguarded in a manner
consistent with this order; and
(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. IMPLEMENTATION AND REVIEW.
5-1. Oversight.
5-101. The National Security Council may review all matters
with respect to the implementation of this order and shall
provide overall policy direction for the information Security
Program. The National Security Council shall be assisted in
these functions by 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 Assistant to the President
for National Security Affairs subject to approval by the
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President. The Assistant also shall have authority to appoint a
staff for the Office.
5-202. The Director shall:
(a) oversee agency actions and review agency
implementing regulations to ensure compliance with this
Order and implementing directives;
(b) 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;
(c) 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;
(d) report annually to the President through the
National Security Council on the implementation of this
Order;
(e) exercise case-by-case classification authority in
.accordance with Section 1-205 and review requests for
original classification authority from agencies or officials
not granted original classification authority pursuant to
Section 1-2; and
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(f) have authority, .consistent with the protective
purposes of this Order, to require each agency to furnish
such reports or information as is necessary to fulfill the
Director's responsibilities.
5-3. General Responsibilities.
5-301. Agencies which originate or handle classified
information shall:
(a) designate a senior agency official to direct and
administer an Information Security Program to include an
active oversight program to ensure effective implementation
of this Order, which Program shall familiarize agency and
other personnel who have access to classified information
with the provisions of this Order and implementing
directives and shall impress upon agency personnel their
responsibility to exercise vigilance in complying with this
Order;
(b) establish a process to decide appeals from denials
of declassification requests submitted pursuant to Section
3-4; and
(c) establish procedures to prevent unnecessary access
to classified information, including procedures which
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require that a demonstrable need for access to classified
information is established before initiating administrative
clearance procedures, and which ensures that the number of
persons granted access to classified information is reduced
to and maintained at the minimum number that is consistent
with operational and security requirements and needs.
5-302. Unclassified regulations or guidelines that
establish agency information- security policy shall be published
in the Federal Register.
5-4. Sanctions.
5-401. If the Director, Information Security Oversight
Office, finds that a violation of this order or any implementing
directive may have occurred, the Director shall make a report to
the head of the agency concerned 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; or
(b) knowingly and willfully classify or continue the
classification of information in violation of this order or
any implementing directive; or
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(c) knowingly, willfully or negligently .violate any
other provision of this order or implementing directive.
5-403. Unauthorized disclosure for purposes of this Section
includes either a communication or physical transfer of
classified information to an unauthorized person.
5-404. Sanctions may include reprimand, suspension without
pay, removal, termination of classification authority, or other
sanction in accordance with applicable law and agency regulation.
5-405. Agency heads shall ensure that appropriate and
prompt corrective action is taken whenever a violation under
Section 5-402 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.
6-103. "Classified information" means information that has
been determined pursuant to this Order or any predecessor order
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to require protection against unauthorized disclosure and that is
so designated.
6-104. "Foreign government information" means:
(a) Any document, material, or 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 document,
material, information, or the source of the document,
material, or information is to be held in confidence; or
(b) Any information or material 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
foreign relations of the United States.
.6-106. "Confidential source" means the identity of 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
expectation, expressed or implied, that the information or
relationship or both be held in confidence.
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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 information designated as
"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 pursuant thereto.
6-202. The Attorney General, upon request by the head of an
agency, his duly designated representative, 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, is
revoked as of the effective date of this order.
6-204. This order shall become effective on
1981.
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