SECURITY CLEARANCE MANUAL
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FOR OFFICIAL USE ONLY
SECURITY CLEARANCE
MANUAL
FOR OFFICIAL USE ONLY
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INITIAL SECURITY
BRIEFING
AND
CLASSIFIED
INFORMATION
NONDISCLOSURE
AGREEMENT BRIEFING
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OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
LEGISLATIVE AFFAIRS
This briefing was prepared for DoD Personnel under Executive
Order 12356. The DoD cannot disclose classified information to Congress
unless the information is given "equivalent protection". Since the
Congress does not have a general program for information security, this
briefing will assist you in properly protecting classified information
provided by the DoD.
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I N D E X
Information Security Briefing - - - - - - - - - - - - -TAB A
Security Marking - - - - - - - - - - - - - - - - - - - TAB B
Safeguarding of Classified Defense Information - - - - TAB C
Sections 641, 793, 794, 798, and 952 of Title 18, USC -TAB D
Section 783(b) of Title 50 - - - - - - - - - - - - - - TAB E
Intelligence Identities Protection Act of 1982 - - - - TAB F
Executive Order 12356 - - - - - - - - - - - - - - - - -TAB C
Classified Information Nondisclosure Agreement(SF189) -TAB H
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STAT
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PUBLIC LAW 97-200-JUNE 23, 1982
INTELLIGENCE IDENTITIES PROTECTION
ACT OF 1982
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96 STAT. 122 PUBLIC LAW 97-200-JUNE 23, 1982
Public Law 97-200
97th Congress
An Act
June 23, 1982 To amend the National Security Act of 1947 to prohibit the unauthorized disclosure
[H.R. 4] of information identifying certain United States intelligence officers, agents,
informants, and sources.
Intelligence
Identities
Protection Act
of 1982.
50 USC 401 no: e.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence Identities Protection Act of 1982".
SEC. 2. (a) The National Security Act of 1947 is amended by adding
at the end thereof the following new title:
"TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION
"PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
"SEC. 601. (a) Whoever, having or having had authorized access to
classified information that identifies a covert agent, intentionally
discloses any information identifying such covert agent to any indi-
vidual not authorized to receive classified information, knowing that
the information disclosed so identifies such covert agent and that
the United States is taking affirmative measures to conceal such
covert agent's intelligence relationship to the United States, shall be
fined not more than $50,000 or imprisoned not more than ten years,
or both.
"(b) Whoever, as a result of having authorized access to classified
information, learns the identity of a covert agent and intentionally
discloses any information identifying such covert agent to any indi-
vidual not authorized to receive classified information, knowing that
the information disclosed so identifies such covert agent and that
the United States is taking affirmative measures to conceal such
covert agent's intelligence relationship to the United States, shall be
fined not more than $25,000 or imprisoned not more than five years,
or both.
"(c) Whoever, in the course of a pattern of activities intended to
identify and expose covert agents and with reason to believe that
such activities would impair or impede the foreign intelligence
activities of the United States, discloses any information that identi-
fies an individual as a covert agent to any individual not authorized
to receive classified information, knowing that the information
disclosed so identifies such individual and that the United States is
taking affirmative measures to conceal such individual's classified
intelligence relationship to the United States, shall be fined not
more than $15,000 or imprisoned not more than three years, or both.
"DEFENSES AND EXCEPTIONS
"SEC. 602. (a) It is a defense to a prosecution under section 601
that before the commission of the offense with which the defendant
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PUBLIC LAW 97-200-JUNE 23, 1982 96 STAT. 123
is charged, the United States had publicly acknowledged or revealed
the intelligence relationship to the United States of the individual
the disclosure of whose intelligence relationship to the United
States is the basis for the prosecution.
"(bx1) Subject to paragraph (2), no person other than a person
committing an offense under section 601 shall be subject to prosecu-
tion under such section by virtue of section 2 or 4 of title 18, United
States Code, or shall be subject to prosecution for conspiracy to
commit an offense under such section.
"(2) Paragraph (1) shall not apply (A) in the case of a person who
acted in the course of a pattern of activities intended to identify and
expose covert agents and with reason to believe that such activities
would impair or impede the foreign intelligence activities of the
United States, or (B) in the case of a person who has authorized
access to classified information.
"(c) It shall not be an offense under section 601 to transmit Information,
information described in such section directly to the Select Commit- transmittal to
tee on Intelligence of the Senate or to the Permanent Select Commit- congressional
tee on Intelligence of the House of Representatives. committees.
"(d) It shall not be an offense under section 601 for an individual
to disclose information that solely identifies himself as a covert
agent.
"REPORT
"SEC. 603. (a) The President, after receiving information from the 50 USC 423.
Director of Central Intelligence, shall submit to the Select Commit-
tee on Intelligence of the Senate and the Permanent Select Commit-
tee on Intelligence of the House of Representatives an annual report
on measures to protect the identities of covert agents, and on any
other matter relevant to the protection of the identities of covert
agents.
"(b) The report described in subsection (a) shall be exempt from
any requirement for publication or disclosure. The first such report
shall be submitted no later than February 1, 1983.
"EXTRATERRITORIAL JURISDICTION
"SEC. 604. There is jurisdiction over an offense under section 601
committed outside the United States if the individual committing
the offense is a citizen of the United States or an alien lawfully
admitted to the United States for permanent residence (as defined
in section 101(aX20) of the Immigration and Nationality Act).
"PROVIDING INFORMATION TO CONGRESS
"SEC. 605. Nothing in this title may be construed as authority to
50 USC 425.
withhold information from the Congress or from a committee of
either House of Congress.
"DEFINITIONS
"SEC. 606. For the purposes of this title:
50 USC 426.
"(1) The term `classified information' means information or
material designated and clearly marked or clearly represented,
pursuant to the provisions of a statute or Executive order (or a
regulation or order issued pursuant to a statute or Executive
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96 STAT. 124 PUBLIC LAW 97-200-JUNE 23, 1982
order), as requiring a specific degree of protection against unau-
thorized disclosure for reasons of national security.
"(2) The term `authorized', when used with respect to access
to classified information, means having authority, right, or
permission pursuant to the provisions of a statute, Executive
order, directive of the head of any department or agency
engaged in foreign intelligence or counterintelligence activities,
order of any United States court, or provisions of any Rule of
the House of Representatives or resolution of the Senate which
assigns responsibility within the respective House of Congress
for the oversight of intelligence activities.
"(3) The term `disclose' means to communicate, provide,
impart, transmit, transfer, convey, publish, or otherwise make
available.
"(4) The term `covert agent' means-
"(A) an officer or employee of an intelligence agency or a
member of the Armed Forces assigned to duty with an
intelligence agency-
"(D whose identity as such an officer, employee, or
member is classified information, and
"(ii) who is serving outside the United States or has
within the last five years served outside the United
States; or
"(B) a United States citizen whose intelligence relation-
ship to the United States is classified information, and-
Ai) who resides and acts outside the United States as
an agent of, or informant or source of operational
assistance to, an intelligence agency, or
"(ii) who is at the time of the disclosure acting as an
agent of, or informant to, the foreign counterintelli-
gence or foreign counterterrorism components of the
Federal Bureau of Investigation; or
"(C) an individual, other than a United States citizen,
whose past or present intelligence relationship to the
United States is classified information and who is a present
or former agent of, or a present or former informant or
source of operational assistance to, an intelligence agency.
"(5) The term `intelligence agency' means the Central Intelli-
gence Agency, a foreign intelligence component of the Depart-
ment of Defense, or the foreign counterintelligence or foreign
counterterrorism components of the Federal Bureau of Investi-
gation.
"(6) The term `informant' means any individual who fur-
nishes information to an intelligence agency in the course of a
confidential relationship protecting the identity of such individ-
ual from public disclosure.
"(7) The terms `officer' and `employee' have the meanings
given such terms by section 2104 and 2105, respectively, of title
5, United States Code.
"(8) The term `Armed Forces' means the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
"(9) The term `United States', when used in a geographic
sense, means all areas under the territorial sovereignty of the
United States and the Trust Territory of the Pacific Islands.
"(10) The term `pattern of activities' requires a series of acts
with a common purpose or objective.".
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PUBLIC LAW 97-200-JUNE 23, 1982 96 STAT. 125
(b) The table of contents at the beginning of such Act is amended
by adding at the end thereof the following:
"ITrLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
"Sec. 601. Protection of identities of certain United States undercover intelligence
officers, agents, informants, and sources.
" 602. Defenses and exceptions.
" 608. Report.
"Sec. 604. Extraterritorial jurisdiction.
"Sec. 605. Providing information to Congress.
"Sec. 606. Definitions.".
Approved June 23, 1982.
LEGISLATIVE HISTORY-H.R. 4 (S. 391):
HOUSE REPORTS: No. 97-221 (Comm. on Intelligence) and No. 97-580 (Comm. of
Conference).
SENATE REPORT No. 97-201 accompaning S. 391 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 23, considered and passed House.
Vol. 128 (1982): Feb. 25, Mar. 1, 15-17, S. 391 considered in Senate.
Mar. 18, H.R. 4 considered and passed Senate, amended.
June 2, 3, House considered and agreed to conference report.
June 10, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25
(1982): June 23, Presidential statement.
0
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Federal. Register
Vol. 47. No. 68
Tuesday, April 6, 1982
Presidential Documents
Executive Order 12356 of April 2, 1982
The President National Security Information
1.1
Classification Levels ..................................................................................................................
[14874]
1.2
Classification Authority ............................................................................................................
[14874]
1.3
Classification Categories ..........................................................................................................
[14875]
1.4
Duration of Classification ........................................................................................................
[14876]
1.5
Identification and Markings .....................................................................................................
[14877]
1.6
Limitations on Classification ....................................................................................................
Part 2. Derivative Classification
[14877]
2.1
Use of Derivative Classification .............................................................................................
[14878]
2.2
Classification Guides .................................................................................................................
Part 3. Declassification and Downgrading
[14878]
3.1
Declassification Authority ..........................................................................................
..............
[14878]
3.2
Transferred Information ............................................................................................................
[14879]
3.3
Systematic Review for Declassification ................................................................................
[14879]
3.4
Mandatory Review for Declassification ...............................................................................
Part 4. Safeguarding
[14879]
4.1
General Restrictions on Access ..............................................................................................
[14880]
4.2
Special Access Programs ........................................................................................................
[14881]
4.3
Access by Historical Researchers and Former Presidential Appointees ......................
Part 5. Implementation and Review
[14881]
5.1
Policy Direction ...........................................................................................................................
[14881]
5.2
Information Security Oversight Office ..................................................................................
[14881]
5.3
General Responsibilities ...........................................................................................................
[14882]
5.4
Sanctions ........................................................................._........................................................
Part 6. General Provisions
[14882]
6.1
Definitions .................................................................................................................................... [14883]
6.2
General ......................................................................................................................................... [14883]
[FR
Pagel
Preamble .................................................................................................................................................. [14874]
Part 1. Original Classification
This Order prescribes a uniform system for classifying, declassifying, and
safeguarding national security information. It recognizes that it is essential
that the public be informed concerning the,activities of its Government, but
that the interests of the United States and its citizens require that certain
information concerning the national defense and foreign relations be protected
against unauthorized disclosure. Information may not be classified under this
Order unless its disclosure reasonably could be expected to cause damage to
the national security.
NOW, by the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered as follows:
Part 1
Original Classification
Section 1.1 Classification Levels.
(a) National security information (hereinafter "classified information") shall
be classified at one of the following three levels:
(1) "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.
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Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 1 Presidential Documents 14875
(2) "Secret" shall be applied to information, the unauthorized disclosure of
which reasonably could be expected to cause serious damage to the national
security.
(3) "Confidential" shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause damage to the national
security.
(b) Except as otherwise provided by statute, no other terms shall be used to
identify classified information.
(c) If there is reasonable doubt about the need to classify information, it shall
be safeguarded as if it were classified pending a determination by an original
classification authority, who shall make this determination within thirty (30)
days. If there is reasonable doubt about the appropriate level of classification,.,
it shall be safeguarded at the higher level of classification pending a determi-
nation by an original classification authority, who shall make this determina-
tion within thirty (30) days.
Sec. 1.2 Classification Authority.
(a) Top Secret. The authority to classify information originally as Top Secret
may be exercised only by:
(1) the President;
(2) agency heIs and officials designated by the President in the Federal
Register, and
(3) officials delegatedlthis authority pursuant to Section 1.2(d).
(b) Secret The authority to classify information originally as Secret may be
exercised only, by:
(1) agency heads and officials designated by the President in the Federal
Register
(2) officials with original Top Secret classification authority; and
(3) officials delegated such authority pursuant to Section 1.2(d).
(c) Confidential. The authority to classify information originally as Confiden-
tial may be exercised only by.
(1) agency heads and officials designated by the President in the Federal
Register,
(2) officials with original Top Secret or Secret classification authority; and
(3) officials delegated such authority pursuant to Section 1.2(d).
(d) Delegation of Original Classification Authority.
(1) Delegations of original classification authority shall be limited to the
minimum required to administer this Order. Agency heads are responsible for
ensuring that designated subordinate officials have a demonstrable and con-
tinuing need to exercise this authority.
(2) Original Top Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Section 1.2(a)(2):
and the senior official designated under Section 5.3(a)(1), provided that official
has been delegated original Top Secret classification authority by the agency
head.
(3) Original Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Sections 1.2(a)(2)
and 1.2(b)(1); an official with original Top Secret classification authority; and
the senior official designated under Section 5.3(a)(1), provided that official has
been delegated original Secret classification authority by the agency head.
(4) Original Confidential classification authority may be delegated only by the
President; an agency head or official designated pursuant to Sections 1.2(a)(2),
1.2(b)(1) and 1.2(c)(1); an official with original Top Secret classification author-
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14876 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
ity; and the senior official designated under Section 5.3(a)(1), provided that
official has been delegated original classification authority by the agency
head.
(5) Each delegation of original classification authority shall be in writing and
the authority shall not be redelegated except as provided in this Order. It shall
identify the official delegated the authority by name or position title. Delegat,
ed classification authority includes the authority to classify information at the
level granted and lower levels of classification.
(e) Exceptional Cases. When an employee, contractor, licensee, or grantee of
an agency that does not have original classification authority originates
information believed by that person 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 as provided under
this Order or its implementing directives to the agency that has appropriate
subject matter interest and classification authority with respect to this infor-
mation. That agency shalldecide within thirty (30) days whether to classify
this information. If it is not clear which agency has classification responsibili-
ty for this information, it shall be sent to the Director of the Information
Security Oversight Office. The Director shall determine the agency having
primary sul: ject matter interest and forward the information, with appropriate
recommendations, to that agency for a classification determination.
Sec. 1.3 Classification Categories.
(a) Information shall be considered for classification if it concerns:
(1) military plans, weapons, or operations;
(2) the vulnerabilities or capabilities of systems, installations, projects, or
plans relating to the national security;
(3) foreign government information;
(4) intelligence activities (including special activities), or intelligence sources
or methods;
(5) foreign relations or foreign activities of the United States;
(6) scientific, technological, or economic matters relating to the national
security;
(7) United States Government programs for safeguarding nuclear materials or
facilities;
(8) cryptology;
(9) a confidential source; or
(10) other categories of information that are related to the national security
and that-require protection against unauthorized disclosure as determined by
the President or by agency heads or other officials who have been delegated
original classification authority by the President. Any determination made
under this subsection shall be reported promptly to the Director of the
Information Security Oversight Office.
(b) Information that is determined to concern one or more of the categories in
Section 1.3(a) shall be classified when an original classification authority also
determines that its unauthorized disclosure, either by itself or in the context of
other information, reasonably could be expected to cause damage to the
national security.
(c) Unauthorized disclosure of foreign government information, the identity of
a confidential foreign source, or intelligence sources or methods is presumed
to cause damage to the national security.
(d) Information classified in accordance with Section 1.3 shall not be declassi-
fied automatically as a result of any unofficial publication or inadvertent or
unauthorized disclosure in the United States or abroad of identical or similar
information.
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Sec. 1.4 Duration of Classification.
(a) Information shall be classified as long as required by national security
considerations. When it can be determined, a specific date or event for
declassification shall be set by the original classification authority at the time
the information is originally classified.
(b) Automatic declassification determinations under predecessor orders shall
remain valid unless the classification is extended by an authorized official of
the originating agency. These extensions may be by individual documents or
categories of information. The agency shall be responsible for notifying hold-
ers of the information of such extensions.
(c) Information classified under predecessor orders and marked for declassifi-
cation review shall remain classified until reviewed for declassification under
the provisions of this Order.
Sec.1.5 Identification and Markings.
(a) At the time of original classification, the following information shall be
shown on the face of all classified documents, or clearly associated with other
forms of classified information in a manner appropriate to the medium
involved, unless this information itself would reveal a confidential source or
relationship not otherwise evident in the document or information:
(1) one of the three classification levels defined in Section 1.1;
(2) the identity of the original classification authority if other than the person
whose name appears as the approving or signing official;
(3) the agency and office of origin; and
(4) the date or event for declassification, or the notation "Originating Agency's
Determination Required."
(b) Each classified document shall, by marking or other means, indicate which
portions are classified, with the applicable classification level, and which
portions are not classified. Agency heads may, for good cause, grant and
revoke waivers of this requirement for specified classes of documents or
information. The Director of the Information Security Oversight Office shall be
notified of any waivers.
(c) 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.
(d) Foreign government information shall either retain its original classifica-
tion 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.
(e) Information assigned a level of classification under predecessor orders
shall be considered as classified at that level of classification despite the
omission of other required markings. Omitted markings may be inserted on a
document by the officials specified in Section 3.1(b).
Sec. 1.6 Limitations on Classification.
(a) In no case shall information be classified in order to conceal 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 that does not require protection in the interest of
national security.
(b) Basic scientific research information not clearly related to the national
security may not be classified.
(c) The President or an agency head or official designated under Sections
1.2(a)(2), 1.2(b)(1), or 1.2(c)(1) may reclassify information previously declassi-
fied and disclosed if it is determined in writing that (1) the information
requires protection in the interest of national security; and (2) the information
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may reasonably be recovered. These reclassification actions shall be reported
promptly to the Director of the Information Security Oversight Office.
(d) Information may be classified or reclassified 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 5.3(a)(1), or an official with original Top Secret classification
authority.
Part 2
Derivative Classification
Sec. 2.1 Use. of Derivative Classification.
(a) Derivative classification is (1) the determination that information is in
substance the same as information currently classified, and (2) the application
of the same 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.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions; and
(2) carry forward to any newly created documents any assigned authorized
markings. The declassification date or event that provides the longest period
of classification shall be used for documents classified on the basis of multiple
sources.
Sec. 2.2 Classification Guides.
(a) Agencies with original classification authority shall prepare classification
guides to facilitate the proper and uniform derivative classification of informa-
tion.
(b) Each guide shall be approved personally and in writing by an official who:
(1) has program or supervisory responsibility over the information or is the
senior agency official designated under Section 5.3(a)(1); and
(2) is authorized to classify information originally at the highest level of
classification prescribed in the guide.
(c) 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.
Part 3
Declassification and Downgrading
Sec. 3.1 Declassification Authority.
(a) 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 require-
ments prescribed by Section 1.3 despite the passage of time will continue to be
protected in accordance with this Order.
(b) 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 5.3(a)(1).
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(c) 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 classifica-
tion. Any such decision by the Director may be appealed to the National
Security Council. The information shall remain classified, pending a prompt
decision on the appeal.
(d) The provisions of this Section shall also apply to agencies that, under the
terms of this Order, do not have original classification authority; but that had
such authority under predecessor orders.
Sec. 3.2 Transferred Information.
(a) 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.
(b) In the case of classified information that is not officially transferred as
described in Section 3.2(a), but that originated in an agency that 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 that has an
interest in the subject matter of the information.
(c) Classified information accessioned into the National Archives of the
United States shall be declassified or downgraded by the Archivist of the
United States in accordance with this Order, the directives of the Information
Security Oversight Office, and agency guidelines.
Sec. 3.3 Systematic Review for Declassification.
(a) The Archivist of the United States shall, in accordance with procedures.
and timeframes prescribed in the Information Security Oversight Office's
directives implementing this Order, systematically review for declassification
or downgrading (1) classified records accessioned into the National Archives
of the United States, and (2) classified presidential papers or records under
the Archivist's control. Such information shall be reviewed by the Archivist
for declassification or downgrading in accordance with systematic review
guidelines that shall be provided by the head of the agency that 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.
(b) Agency heads may conduct internal systematic review programs for
classified information originated by their agencies contained in records deter-
mined by the Archivist to be permanently valuable but that have not been
accessioned into the National Archives of the United States.
(c) After consultation with affected agencies, 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 or methods.
Sec. 3.4. Mandatory Review for Declassification.
(a) Except as provided in Section 3.4(b), all information classified under this
Order or predecessor orders shall be subject to a review for declassification
by the originating agency, if:
(1) the request is made by a United States citizen or permanent resident alien,
a federal agency, or a State or local government; and
(2) the request describes the document or material containing the information
with sufficient specificity to enable the agency to locate it with a reasonable
amount of effort.
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(b) Information originated by a President, the White House Staff, by commit-
tees, commissions, or boards appointed by the President, or others specifically
providing advice and counsel to a President or acting on behalf of a President
is exempted from the provisions of Section 3.4(a). The Archivist of the United
States shall have the authority to review, downgrade and declassify informa-
tion under the control of the Administrator of General Services or the Archi-
vist pursuant to sections 2107, 2107 note, or 2203 of title 44, United States
Code. Review procedures developed by the Archivist shall provide for consul-
tation with agencies having primary subject matter interest and shall be
consistent with the provisions of applicable laws or lawful agreements that
pertain to the respective presidential papers or records. Any decision by the
Archivist may be appealed to the Director of the Information Security Over-
sight Office. Agencies with primary subject matter interest shall be notified
promptly of the Director's decision on such appeals and may further appeal to
the National Security Council. The information shall remain classified pending
a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for declassification shall declas-
sify information no longer requiring protection under this Order. They shall
release this information unless withholding is otherwise authorized under
applicable law.
(d) Agency heads shall develop procedures to process requests for the manda-
tory review of classified information. These procedures shall apply to informa-
tion classified under this or predecessor orders. They shall also provide a
means for administratively appealing a denial of a mandatory review request.
(e) 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 intelli-
gence activities (including special activities), or intelligence sources or meth-
ods, 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.
(f) 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:
(1) 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.
(2) 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 a response
under Section 3.4(f)(1) is required, the referring agency shall respond to the
requester in accordance with that Section.
Part 4
Safeguarding
Sec. 4.1 General Restrictions on Access.
(a) A person is eligible for access to classified information provided that a
determination of trustworthiness has been made by agency heads or designat-
ed officials and provided that such access is essential to the accomplishment
of lawful and authorized Government purposes.
(b) 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.
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(c) Classified information shall not be disseminated outside the executive
branch except under conditions that ensure that the information will be given
protection equivalent to that afforded within the executive branch.
(d) 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. For purposes of this
Section, the Department of Defense shall be considered one agency.
Sec. 42 Special Access Programs.
(a) Agency heads designated pursuant to Section 1.2(a) 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 but not including military operational,
strategic and tactical programs), or intelligence sources or methods, this
function will be exercised by the Director of Central Intelligence.
(b) Each agency head shall establish and maintain a system of accounting for
special access programs. The Director of the Information Security Oversight
Office, consistent with the provisions of Section 5.2(b)(4), shall have non-
delegable access to all such accountings.
Sec. 4.3 Access by.Historical Researchers and Former Presidential Ap-
pointees.
(a) The requirement in Section 4.1(a) 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 4.3(b) for persons
who:
(1) are engaged in historical research projects, or
(2) previously have occupied policy-making positions to which they were
appointed by the President.
(b) Waivers under Section 4.3(a) may be granted only if the originating agency:
(1) determines in writing that access is consistent with the interest of national
security;
(2) 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
(3) limits the-access -granted to former presidential appointees to items that the
person originated, reviewed, signed, or received while serving as a presiden-
tial appointee.
Part 5
Implementation and Review
Sec. 5.1 Policy Direction.
(a) The National Security Council shall provide overall policy direction for the
information security program.
(b) The Administrator of General Services shall be responsible for implement-
ing and monitoring the program established pursuant to this Order. The
Administrator shall delegate the implementation and monitorship functions of
this program to the Director of the Information Security Oversight Office.
Sec. 5.2 Information Security Oversight Office.
(a) 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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(b) The Director shall:
(1) 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;
(2) oversee agency actions to ensure compliance with this Order and imple-
menting directives;
(3) 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 implement-
ing directives. Any such decision by the Director may be appealed to the
National Security Council. The agency regulation or guideline shall remain in
effect pending a prompt decision on the appeal;
(4) have the authority to conduct on-site reviews of the information security
program of each agency that generates or handles classified information and
to require of each agency those reports, information, and other cooperation
that 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 national security risk, the affected agency head or the
senior official designated under Section 5.3(a)(1) may deny access. The Direc-
tor may appeal denials to the National Security Council. The denial of access
shall remain in effect pending a prompt decision on the appeal;
(5) review requests for original classification authority from agencies or offi-
cials not granted original classification authority and, if deemed appropriate,
recommend presidential approval;
(6) 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;
(71 have the authority to prescribe, after consultation with affected agencies,
standard forms that will promote the implementation of the information
security program;
(8) report at least -annually to the President through the National Security
Council on the implementation of this Order; and
(9) have the authority to convene and chair interagency meetings to discuss
matters pertaining to the information security program.
Sec. 5.3 General Responsibilities.
Agencies that 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 educa-
tion 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;
(c) establish procedures to prevent unnecessary access to classified informa-
tion, including procedures that (i) require that a demonstrable need for access
to classified information is established before initiating administrative clear-
ance procedures, and (ii) ensure that the number of persons granted access to
classified information is limited to the minimum consistent with operational
and security requirements and needs; and
(d) develop special contingency plans for the protection of classified informa-
tion used in or near hostile or potentially hostile areas.
Sec. 5.4 Sanctions.
(a) 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
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designated under Section 5.3(a)(1) so that corrective steps, if appropriate, may
be taken.
(b) Officers and employees of the United States Government, and its contrac-
tors, licensees, and grantees shall be subject to appropriate sanctions if they:
(1) knowingly, willfully, or negligently disclose to unauthorized persons infor-
mation properly classified under this Order or predecessor orders;-
(2) knowingly and willfully classify or continue the classification of informa-
tion in violation of this Order or any implementing directive; or
(3) knowingly and willfully violate any other provision of this Order or
implementing directive.
(c) Sanctions may include reprimand, suspension without pay, removal, termi-
nation of classification authority, loss or denial of access to classified infor-
mation, or other sanctions in accordance with applicable law and agency
regulation.
(d) Each agency head or the senior official designated under Section 5.3(a)(1)
shall ensure that appropriate and prompt corrective action is taken whenever
a violation under Section 5.4(b) occurs. Either shall ensure that the Director of
the Information Security Oversight Office is promptly notified whenever a
violation under Section 5.4(b) (1) or (2) occurs.
Part 6
General Provisions
Sec. 6.1 Definitions.
(a) "Agency" has the meaning provided at 5 U.S.C. 552(e).
(b) "Information" means any information or material, regardless of its physical
form or characteristics, that is owned by, produced by or for, or is under the
control of the United States Government.
(c) "National security information" means information that has been deter-
mined pursuant to this Order or any predecessor order to require protection
against unauthorized disclosure and that is so designated.
(d) "Foreign government information" means:
(1) information provided by a foreign government or governments, an interna-
tional organization of governments, or any element thereof with the expecta-
tion, expressed or implied, that the information, the source of the-information,
or both, are to be held in confidence; or
(2) information producedby the United States pursuant to or as a result of a
joint arrangement with a foreign government or governments or an interna-
tional organization of governments, or any element thereof, requiring that the
information, the arrangement, c? both, are to be held in confidence.
(e) "National security" means the national defense or foreign relations of the
United States.
(f) "Confidential source" means any individual or organization that has
provided, or that may reasonably be expected to provide, information to the
United States on matters pertaining to the national security with the expecta-
tion, expressed or implied, that the information or relationship, or both, be
held in confidence.
(g) "Original classification" means an initial determination that information
requires, in the interest of national security, protection against unauthorized
disclosure, together with a classification designation signifying the level of
protection required.
Sec. 6.2 General.
(a) 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
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declassified in conformity with the provisions of the Atomic Energy Act of
1954, as amended, and regulations issued under that Act.
(b) The Attorney General, upon request by the head of an agency or the
Director of the Information Security Oversight Office, shall render an interpre-
tation of this Order with respect to any question arising in the course of its
administration.
(c) Nothing,in this Order limits the protection afforded any information by
other provisions of law.
(d) Executive Order No. 12085 of June 28, 1978, as amended, is revoked as of
the effective date of this Order.
(e) This Order shall become effective on August 1, 1982.
0 0-v~~ OL~
[FR Doc. 82-9320
Filed 4-2-82: 2:52 pm]
Billing code 3195-01-M
THE WHITE HOUSE,
April 2, 1982.
Editorial Note: The President's statement of Apr. 2,-1982,,on signing Executive Order 12356 is
printed in the Weekly Compilation of Presidential Documents (vol. 18, no. 13)
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CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT
An Agreement Between and the United States
(Name - Printed or Typed)
1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my bei granted access to classified
information. As used in this Agreement, classified information is information that is either classified or classifiable under th standards of Executive Order
12356, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in th interest of national security. I
understand and accept that by being granted access to classified information, special confidence and trust shall be pl in me by the United States
2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of cl sified information, including the pro-
cedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information ve been approved for access to it, and
that I understand these procedures.
3. I have been advised and am aware that direct or indirect unauthorized disclosure, unauthorized retention or negligent handling of classified informa-
tion by me could cause irreparable injury to the United States or could be used to advantage by a foreign tion. I hereby agree that I will never divulge
such information unless I have officially verified that the recipient has been properly authorized by the U ited States Government to receive it or I have
been given prior written notice of authorization from the United States Government Department or ency (hereinafter Department or Agency) last
granting me a security clearance that such disclosure is permitted. I further understand that I am ob gated to comply with laws and regulations that
prohibit the unauthorized disclosure of classified information.
4. I have been advised and am aware that any breach of this Agreement may result in the terminatio of any security clearances I hold; removal from any
position of special confidence and trust requiring such clearances; and the termination of my /en
ment or other relationships with the Departments or
Agencies that granted my security clearance or clearances. In addition, I have been advised and m aware that any unauthorized disclosure of classified
information by me may constitute a violation or violations of United States criminal laws, inc ding the provisions of Sections 641, 793, 794, 798, and
952, Title 18, United States Code, the provisions of Section 783(b), Title 50, United States C e, and the provisions of the Intelligence Identities Protec-
tion Act of 1982. 1 recognize that nothing in this Agreement constitutes a waiver by the U ted States of the right to prosecute me for any statutory
violation.
disclosure, publication, or revelation not consistent with the terms of this Agreement.
6. I understand that the United States Government may seek any remedy available t it to enforce this Agreement including, but not limited to, applica-
tion for a court order prohibiting disclosure of information in breach of this Agreem t.
7. 1 understand that all information to which I may obtain access by signing t ' Agreement is now and will forever remain the property of the United
States Government. I do not now, nor will I ever, possess any right, interest, ti e, or claim whatsoever to such information. I agree that I shall return all
materials which have, or may have, come into my possession or for which I a responsible because of such access, upon demand by an authorized repre-
sentative of the United States Government or upon the conclusion of my ployment or other relationship with the Department or Agency that last
granted me a security clearance. If I do not return such materials upon req t, I understand that this may be a violation of Section 793, Title 18, United
8. Unless and until I am released in writing by an authorized represent ive of the United States Government, I understand that all conditions and obliga-
tions imposed upon me by this Agreement apply during the time I am ranted access to classified information, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court shout find any provision of this Agreement to be unenforceable, all other provisions of this
Agreement shall remain in full force and effect.
10. I have read this Agreement carefully and my questions, i any, have been answered to my satisfaction. I acknowledge that the briefing officer has
made available to me Sections 641, 793, 794, 798, and 95 f Title 18, United States Code, Section 783(b) of Title 50, United States Code, the Intelli-
SOCIAL SECURITY NO. (See
notice below)
The.execution of this AgreerT nt was witnessed by the undersigned, who, on behalf of the United States Govern-
ment, agreed to its terms anccyaccepted it as aprior condition of authorizing access to classified information.
NOTICE: Th rlvacy Act, 5 U.S.C. 552a, requires that federal agencies inform Individuals, at the time Information Is solicited from them, whether the
disclosure I andatory or voluntary, by what authority such Information Is solicited, and what uses will be made of the Information. You are hereby
advised t authority for soliciting your Social Security Account Number (SSN) Is Executive Order 9397. Your SSN will be used to Identify you pre-
cisely when It Is necessary to 1) certify that you have access to the Information Indicated above or 2) determine that your access to the information
Indicated has terminated. Although disclosure of your SSN Is not mandatory, your failure to do so may Impede the processing of such certifications or
determinations.
STANDARD FORM 189 (8-83)
Prescribed by GSA/ISOO
32CFR 2003; E.O. 12356
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DEPARTMENT OF DEFENSE
WASHINGTON HEADQUARTERS SERVICES
WASHINGTON, D.C. 20301
*(Personnel & Security) Date:
This certifies the security clearance of the following U.S. citizen(s)
who will visit facilities according to the following itinerary:
VISITOR OFFICE CLEARANCE
NAME:
SSN:
DOB:
POB:
FACILITY TO BE VISITED:
PERSON TO BE CONTACTED:
FACILITY SECURITY OFFICE NUMBER:
PERIOD OF VISIT:
PURPOSE OF VISIT:
This certifies that subject visitor(s)
hold(s) claimed security clearance level.
James T. McCue
Chief, Security Division
Typist Signature/Ext:
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DEPARTMENT OF DEFENSE
WASHINGTON HEADQUARTERS SERVICES
WASHINGTON, D.C. 20301
-'ersonnel & Security) Date: LEAVE BLANK this will be completed
Type the COMPLETE ADDRESS of the day it is mailed.
the facility to be visited.
Include ZIP CODE
This certifies the security clearance of the following U.S. citizen(s)
who will visit facilities according to the following itinerary:
VISITOR OFFICE CLEARANCE
NAME: Last, First Middle Name of the office LEAVE BLANK
SSN: 000-00-0000 currently employed with
DOB: mm-dd-yy
POB: City & State
FACILITY TO BE VISITED: Location (City & State) of facility to be visited.
PERSON TO BE CONTACTED: This is the person visitor will be meeting with.
FACILITY SECURITY OFFICE NUMBER: This is needed in case clearances need to be
called in ahead of time.
PERIOD OF VISIT: Specific date(s) of visit to facility.
PURPOSE OF VISIT: Short description (non-Classified).
This certifies that subject visitor(s)
hold(s) claimed security clearance level.
James T. McCue
Chief, Security Division
Typist Signature/Ext: In case there is a problem, this office will have someone
to contact.
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FOR OFFICIAL USE ONLY
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