EXECUTIVE ORDER NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200060005-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 26
• Document Creation Date: December 16, 2016
• Document Release Date: July 25, 2005
• Sequence Number: 5
• Content Type: REGULATION

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National Security Information
It is vital that certain information in the Government's
possession be uniformly protected against unauthorized
disclosure. It also is essential that the public be informed
concerning the activities of its Government. The interests of
the United States and its citizens require that certain
information concerning our national defense and foreign relations
be given only limited dissemination. To ensure that such
information is adequately safeguarded, this Order identifies the
inform,tt-.ion 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 Designacion.
1-101. Information or material that requires protection
against unauthorized disclosure in the interest of national
security shall be classified in one of the three categories
listed below. Information and material shall be protected at an
appropriate level of classification until a final determination
is made as to the need for protection and the level of required
protection. No other categories of classification shall be used
to identify information or material as requiring protection in
the interest of national security, except as otherwise provided
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by statute. Nothing in this Order shall be construed as limiting
the protection afforded national security information by other
provisions 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.
1-104. "Confidential" shall be applied to information, the
unau':ho:ized disclosure of which reasonably cculd be expected to.
cause damage to the national security.
1-2. Classification Authority.
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
designate by publication in the Federal Register,. and by
officials to whom such authority is delegated in accordance with
Section 1-204.
1-202. Secret. Authority for original classification of
information as Secret way be exercised only by such agency heads
or officials as the President may designate by publication in thfe
Federal Register, by officials who have Top Secret classification
authority, and by officials to whom such authority is delegated
in accordance with Section 1-204.
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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 who have Top
Secret or Secret classification authority, and by officials to
whom such authority is delegated in accordance with Section 1-
204.
1-204. Limitation on Delegation of Original Classification
Authority.
(a) Authority to originally classify formation as
Top Secret may be delegated only to principle subordinate
officials who have a need to-exercise such authority as
determined by the President, by agency heads designated
pursuant to Section 1-201 or by senior officials designated
in writing to exercise this authority by such agency heads.
(b) Authority to originally classify 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 designated pursuant to Section 1-
201 and 1-202, and by officials with Top Secret
classification authority.
(c) Authority to originally classify information as
Confidential may be delegated only to subordinate officials
who have a need to exercise such authority as-determined by
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the President, by agency heads designated pursuant to
Section 1-201, 1-202, and 1-203, and by officials with Top
Secret classification authority.
(d) Delegated original classification authority may
not be redelegated.
(e) Each delegation of original classification
authority shall be in writing by name or title of position
held.
(f) 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 implement
procedures that ensure that officials so designated have a
demonstrable and continuing need to exercise such authority.
1-205. Exceptional Cases. When an employee or contractor
of an agency that does not have original classification authority
originates information believed 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
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which has appropriate subject matter interest and classification
authority with respect to this information. That agency shall
decide within 30 days whether tp classify this information. If
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it is not clear which agency has classification responsibility
for this information, it shall be sent to the rirector 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 any decision in this
regard.
1-3. Classification Requirements.
1-301. Information may be considered for classification,
and is thus classifiable, 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 goverrment information;
(d) intelligence activities, sources or methods;
(e) foreign relations or foreign activities of the
United States;
(f) scientific, technological, or economic matters
relating to the national security;
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(g) United States Government programs for safeguarding
nuclear materials or facilities;
(h) cryptology;
(i) an individual whose life or safety may be placed
in jeopardy by disclosure of such information;
(j) techniques, procedures or material relating to the
protective mission of the United States Secret Service; or
(k) other categories of information which are related
to national security and which require protection against
unauthorized disclosure as determined by senior agency
officials designated pursuant to Section 5-404(a).
1-302. Information which is determined to concern one or
more of the criteria in Section 1-301 may be classified only 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 information could be expected'to cause damage to
the national security, it is not necessary to consider such
information in isolation. Information may be classified if its
unauthorized disclosure, in conjunction with one or more other
disclosures, reasonably could be expected to cause such damage.
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1-303. Unauthorized disclosure of foreign government
information, information which could compromise the identity of a
confidential source, or information relating to intelligence
sources, methods, and activities is presumed to cause damage to
the national security. The classification status of the above
described information shall not be affected by any unofficial
publication 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. Guidelines shall
be developed by agencies to ensure the effectiveness and
integrity of the classification system while eliminating the
accumulation of classified information which no longer requires
protection. These guidelines shall facilitate the identification
of information which should be considered for downgrading or
declassification 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. To the extent practicable, original
classification authorities shall set a specific date or event for
declassification at the time the information is originally
classified.
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1-5. Identification and Markings.
1-501. At the time of original classification, the
following should 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) if appropriate, the date or event for
declassification or review; and
(c) one of the three classification designations
defined in Section 1-1.
1-502. Only the designations Top Secret, Secret, or
Confidential may be used to identify classified information.
Markings such as "For Official Use Only" and "Limited Official
Use" may not be used for that purpose. Terms such as "Sensitive"
or "Agency" may not be used in conjunction with the classifi-
cation designations prescribed by this Order; e.g.; "Agency
Confidential" or ".Sensitive/Secret."
1-503. Each classified document, to the extent practicable,
shall be marked or shall otherwise indicate which portions are
classified with the appropriate classification designation, and
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which portions are not classified. -Agency heads designated
pursuant to Section 1-2 may, for good cause, except specified
classes of documents or information from this portion-marking
requirement.
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 equivalent to that required by the entity that
furnished the information.
1-505. Classified documents that contain or reveal
information that is subject to special dissemination and
reproduction limitations authorized by this order shall be marked
clearly so as to place the user on notice of the restrictions.
1-6. Prohibitions.
1-601. Classification shall be determined solely on the
bal-.is of national security consic.erations. 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
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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 or the Mandatory Review provisions of this Order
(Section 3-4) if such classification is consistent with this
Order and is authorized by the agency head, the deputy agency
head, or by a senior agency official designated pursuant to
Section 5-404. 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 Mandatory
Review request which is still pending at the time this Order
becomes effective, need not be rereviewed under the provisions of
this Order.
SECTION 2. DERIVATIVE CLASSIFICATION.
2-1. Use of Derivative Classification.
2-101. Original classification authority shall not be
delegated to persons who only reproduce, extract, or summarize
classified information, or who only apply classification markings
derived from source material or as directed by a classificatioi-
guide.
2-102. Persons who apply such derivative classification
markings shall:
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(a) observe and respect original classification
decisions, which shall not be altered by the use of a
classification level, time limit, or other marking different
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 or review and
any additional authorized markings. A single marking may be
used for documents based on-multiple sources.
2-2. Classification Guides.
2-201. Agencies may promulgate classification guides to
facilitiate the proper and uniform classification of
information. These guides may also be used to direct derivative
classification. To the extent that information is classified
pursuant to these guides, such classification is derivative
classification and will be marked accordingly.
Section 3. DECLASSIFICATION AND DOWNGRADING.
3-i. Declassification Authority.
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3-101. Information shall be declassified or downgraded as
soon as national security considerations permit. 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 that section.
3-102. Agencies shall designate appropriate officials to
exercise declassification and downgrading authority. To the
fullest extent practicable, such authority will be exercised 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.
3-103. The provisions of this section relating to
declassification shall apply to agencies which, under the terms
of this Order, do not have authority to originally classify
information, but which had such authority under prior 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.
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3-202. In the case of classified information which is not
officially transferred in accordance with Section 3-201, but
originated in an agency which has ceased to exist, each agency in
possession shall be deemed to be the originating agency for
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purposes of this Order. Such information may be declassified or
downgraded by the agency in possession after consulting 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. Agency heads designated pursuant to Section 1-2 and
the heads of agencies which had original classification authority
under prior orders may establish procedures for the systematic
review of classified information for the purpose of declassifying
or downgrading such information in accordance with the
classification requirements of Section 1-3. Cuidelines
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
automatic declassification date has not been established, will be
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subject to review for declassification in accordance with the
mandatory review for declassification provisions of Section
3-4.
3-302. 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 sources and methods. These guidelines, if
developed, will be used by the Archivist of the United States or
any agency having custody of this information.
3-4. Mandatory Review for Declassification.
3-401. All classified information and material shall be
subject to a classification review by the originating agency at
any time after the expiration of ten years from the date of the
information's origin provided:
(1) A United States person or United States federal,
state, or local governmental body or agency.. requests a
review;
(2) The request describes the record with sufficient
specificity to enable the agency to locate it; and
(3) The record can be located and obtained with a
reasonable amount of effort.
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3-402. This procedure shall apply to information classified
under this Order or prior orders. Requests for declassification
under this provision shall be acted upon within 60 days. After
review, information that no longer requires protection under this
Order shall be declassified and released unless withholding is
otherwise warranted under applicable law.
3-403. Requests for mandatory review shall be processed in
accordance with procedures developed by agency heads in
consultation with the Archivist of the United States and the
Inforimj