EXECUTIVE ORDER 12065

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00914R001900060004-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 20, 2016
• Document Release Date: April 16, 2007
• Sequence Number: 4
• Publication Date: March 18, 1982
• Content Type: MEMO

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PSTAT
ROUTING AND RECORD SHEET
E-- - ---
Ij SUt3,ECT: (Optional)
"'ROM,:
Harry E. Fitzwater
Deputy Director for Administration
7D 24 Hqs
TO: (Officer da'
Director of Central
Intelligence
---- 7D--56-G7-Hqs---
FClRAOi US' PREVIOUS
1_79 k+ V EDITIONS -
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DDA 82-0008/15 1
DATE
18 March 1982 STAT
COMMENTS (Number such corrmer-t to show from rh,r', STAT
to whom. Draw a line across colum;i afar each come 1i.)
STAT
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DDA 82-0008/15
MEMORANDUM FOR: Director of Central Intelligence
FROM: Harry E. Fitzwater
Deputy Director for Administration
1. In accordance with your request last evening, Attachment A
provides an overview of the problems with E.O. 12065; Attachment B is
the Executive Order.
2. As I mentioned, we had estimated that it would cost
in the first 10-year review if we were to fully comply with the Executive
Order. I am now advised that because of an increase in the proficiency
by 1988 in order to meet about 30 percent of the documents requiring
review. Of this 30 percent, it is estimated that not more than two
percent will be declassified and that two percent will be of little
interest to the public. At the end of the first 10 years we must start
reviewing the material previously reviewed during the first 10 years.
3. The revised Executive Order is now held by Judge Clark. The
Intelligence Community has made its recommendations to the Information
Security Oversight Office which are now contained in the revised order.
The revised order makes it optional to have a systematic review program.
Since we are declassifying such a small amount, we_would+_have a program
that is restricted to certain categories of material thereby-relieving us
from the current burden.
of the reviewers this figure has been reduced. "We will spend
4. Any help you can give us in getting the revised Executive Order
published would be greatly appreciated.
STAT
STAT
STAT
r E.
cc: EXDIR
D/OIS
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SUBJECT: SYSTEIaTIC REVIEW FOR DECLASSIFICATION
The program of Systematic Review for Declassification mandated by Executive .
Order 12065 is a disaster. It is not cost effective; it syphons off valuable,
scarce resources from CIA's primary mission; and it poses security risks. It
should be abolished. The General Accounting Office has also recommended its
abolition. .
BACKGROUND:
Section 3-4 of Executive Order 12065 (E.O. 12065) effective 1 December 1978
requires the Executive Branch to institute programs to review all "permanently
valuable records" when they reach 20 years of age (30 years for foreign govern-
ment information) to determine whether the records should remain classified. If .
they remain classified after such review, they then must be reviewed again 10.
years later, and every 10 years thereafter until declassified, unless a longer
period is agreed to by the Director, Information Security Oversight Office (IS00)_
Such ISOO exemptions can be difficult to come by.
The above requirement is not new. The idea started during the Eisenhower
administration and in 1972 President. Nixon issued E.O. 11652 which contained a
similar declassification.review requirement with two major differences: the
initial review was to take place when records reached 30 years of age, and the
time interval for re-review was left to Department Heads. E.O. 12065, recog-
nizing that agencies were not geared up to switch from the old 30-year period
to the new 20-year requirement overnight, allowed agencies 10 years to close
the gap. Hence, by 1 December 1988 all permanent records dated 1 December 1968
and before are to receive an initial review. -
CURRENT STATUS: .
Our best estimate indicates that we still have approximately 22,000 cubic
feet of permanent records that must be reviewed by I December 1988 if we are
to comply with E.O. 12065. We have 33 `\people performing the review. Because
of the sensitive nature of our records, we must use mostly senior analysts with
long years of experience. They are highly trained in their jobs and utilize
procedures designed to maximize their production. In spite of this devotion of
resources, we are able to review on an average only 800 :cubic feet per year.
Thus, by 1 December 1988, unless we more than triple our staff, we will accorn-
plish less than 30 percent of our objective. Also, in December 1983, as we
continue to attack the remaining 70 plus percent, we will have to begin the
second review of all material once reviewed and on which the decision was made
to continue classification. Since our experience shows that we continue clas-
sification on over 85 percent of the records reviewed, we will have to re-review
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most of the material we review by Deceirber 1988. At that time, we will be
faced with the first review of records beginning to mature in December 1988.
It is an impossible job.
CURRENT PROBLEMS:
CIA's program for systematic review of classified material entails the
following :
1. Dollar Costs: We will spend by 1988 Lm-der our current - 25X1
program and still comply with E.O. N00.5
:2. Human Resource-Costs: mostly valuable, scarce senior
-
analysts, spend full: time .re
viewing classified documents under our current -
setup; over 88: people would.be required if we are to comply with E.O. 12065_
These people could and ,should. be used to collect and produce intelligence.
3. Results of Review: On the average, two percent of the material
reviewed is declassified. . The declassified material that does eventually
reach the public will be of little interest.
4. Security Risks: Given our workload and time pressures, there is
always the danger of um-an error resulting in the release of compromising
information. Also,'the release of the declassified material adds to the total
picture our adversaries have access to. When added to material released under-
FOIA, books, and leaks, this total picture is awesome and frightful. -
5. Chilling Effect on Intelligence Relationships: Because of past
Congressional investigations, FOIA releases, books by former eir loyees, and
leaks, many agents and foreign intelligence contacts who would have cooperated
in the past n-o-v. perceive that we are unable to keep their relationship secret.
With systematic review for declassification added to the list, 'We. 01arantee
these folks that if their names haven't come up for review previously,, they
;,rill come up when documents containing their names or identifying data become
20 years old.
RECOML% DATION:
It is reco-mended that E.O. 12065 be modified to elimisnate Section 3-4
or, alternatively, to exert CIA from its provisions. The General Accounting
Office has concluded after a lengthy investigation that this program should
be abolished Government wide. If so, then it is submitted that even more so
should it be abolished with respect to CIA.
25X1
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MONDAY, JULY 3, 1978
PART IV
THE PRESIDENT
NATIONAL SECURITY
INFORMATION
Executive Order 12065
and Order Designating
Certain Officials
Within tha Executive
Office of the President
To Classify
Information
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presidential documents
Title S -The President
Executive Order 12065 June 28, 1978
National Security tnformafion
By the authority vested in me as President by the Constitution and laws of
the United States of America, in order to balance the public's interest in
access to Government information with the need to protect certain national
security information from disclosure, it is hereby ordered as follows:
SECT70N 1.
1-1
ORIGINAL CLASSIFICATION:
Classification Designation ......... .......................... _..._....... _..........._........... ....
}'28950]
1-2
Classification Atxkority
128950]
1-3
Classification Requirements ......................
[289511
1-4
Duration of Classification .................................................................................
[28952]
1-5
Identification and Markings ................................................... _..._.._.._...........
[28952]
1-6
Prohibitions ....................................................-
SECTION 2.
2-1
DERIVATIVE CLASSIFICATION:
Use of Derivative Classification ............................. _._.
-128953]
2-2
Classification Guides .............................................. __._.
{28953]
2-3
New Material ................................................._
428954]
SECTION 3.
3-1
DECLASSIFICATION AND DOWNGRADING:
Declassification Authority .......................................... ___
1289541
3-2
Transferred Information _ _. _ .._ ..~
j28954]
3-3
Declassification Policy .._~ _ _ _~.__ ... _ . __.._. _ ..___......._
128955]
3-4
Systematic Review for Declassification ......... _....... __......... __ ...............-
[28955]
3-5
Mandatory Review for Declassification .............. _.............................................
[28956]
3-6
Downglading ............ ._.......................................................... _.........................
V89571
SECTION 4.
4-1
SAFEGUARDING:
General Restrictions .................................................. -...... . _. ....................... _...
[98957]
4-2
Special Access Programs .............................................................................._
.[48957]
4-3
Access by Historical Researchers and Former Presidential Appointees...._.._
[28958]
4-4
Reproduction Controls _..... _............ _._.._......_............ _.... _....... _ ...............
[28958]
SECTION 5.
5-1
I104PLEMENTAT1OUl AND REVIEW:
Oversight ..... __............ _..... _............ _..... _....... _ ............. ......... .._......... -.....-
[28959]
5-2
Information Security Oversight Office .................................. _........................
128959]
5-3
Interagency Information Security Collsmiitee .......... __..
[28960]
5-4
General Responsibilities ............. _..................... .
128960]
5-5
Administrative Sanctions ............................... ._................... ..._.................... ..
[28961]
SECnoN 6. GENERAL PROVLssonS:
6-1 Definitions ........... _........._....... _ .....................-- --................................... __ [289611
6-2 General ............................................................................................................. 128961 ]
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The President and Chairman, Export-Import Bank of the United States
The President and Chief Executive Officer, Overseas Private Investment
Corporation
1-204. Limitations on Delegation of Classification Authority.
(a) Authority for original classification of information as Top Secret may
be delegated only to principal subordinate officials who have a frequent need
to exercise such authority as determined by the President or by agency heads
listed in Section 1-201.
(b) Authority for original classification of information as Secret may be
delegated only to subordinate officials who have a frequent need to' exercise
such authority as determined by the President, by agency heads listed in
Sections 1-201 and 1-202, and by officials with Top Secret classification
authority.
(c) Authority for original classification of information as Confidential may
be delegated only to subordinate officials who have a frequent need to exer-
cise such authority as determined by the President, by agency heads listed in
Sections 1-201, 1-202, and 1-203, and by officials with Top Secret classifica-
tion 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 held to an
absolute minimum. Periodic reviews of such delegations shall be made to
ensure that the officials so designated have demonstrated a 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 be-
lieved to require classification, the information shall be protected in the
manner prescribed by this Order and implementing directives. The informa-
tion shall be transmitted promptly under appropriate safeguards to the agency
which has appropriate subject matter interest and classification authority. That
agency shall decide within 30 days whether to classify that information. If it is
not clear which agency should get the information, it shall be sent to the
Director of the Information Security Oversight Office established in Section 5-
2 for a determination.
i-3. Ckus*stion Eequiremenls.
1-301. Information may not be considered for classification unless it
concerns:
(a) military plans, weapons, or operations;
(b).foreign government information;
(c) intelligence activities, sources or methods;
(d) foreign relations or foreign activities of the United States;
(e) scientific, technological, or economic matters relating to the national
security;
(f) United States Government programs for safeguarding nuclear materials
or facilities; or
(g) other categories of information which are related to national security
and which require protection against unauthorized disclosure as determined
by the President, by a person designated by the President pursuant to Section
1-201, or by an agency head.
1-302. Even though information is determined to concern one or more of
the criteria in Section 1-301, it may not be classified unless an original
classification authority also determines that its unauthorized disclosure reason-
ably could be expected to cause at least identifiable damage to the national
security.
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1-303. Unauthorized disclosure of foreign government information or the
identity of a confidential foreign source is presumed to cause at least identifi-
able damage to the national security.
1-304. Each determination under the criterion of Section 1-301(g) shall
be reported promptly to the Director of the Information Security Oversight
Office.
1-4. Duration of Classification.
1-401. Except as permitted in Section 1-402, at the time of the original
classification each original classification authority shall set a date or event for
automatic declassification no more than six years later.
1-402. Only officials with Top Secret classification authority and agency
heads listed in Section 1-2 may classify information for more than six years
from the date of the original classification. This authority shall be used spar-
ingly. In such cases, a declassification date or event, or a date for review, shall
be set. This date or event shall be as early as national security permits and
shall be no more than twenty years after original classification, except that for
foreign government information the date or event may be up to thirty years
after original classification.
1-5. Identification and Markings.
1-501. At the time of original classification, the following shall be shown
on the face of paper copies of all classified documents:
(a) the identity of the original classification authority;
(b) the office of origin;
(c) the date or event for declassification or review; and
(d) one of the three classification designations defined in Section, 1-1.
1-502. Documents classified for more than six years shall also be-parked
with the identity of the official who authorized the prolonged classification.
Such documents shall be annotated with the reason the classification is expect-
ed to remain necessary, under the requirements of Section 1-3, despite the
passage of time. The reason for the prolonged classification may be stated by
reference to criteria set forth-in agency implementing regulations. These
criteria shall explain in narrative form the reason the information needs to be
protected beyond six years. If the individual who signs or otherwise authenti-
cates a document also is authorized to classify it, no further annotation of
identity is required.
1-503. Only the designations prescribed by this Order 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
"Conference" or "Agency" may not be used in conjunction with the classifica-
tion designations prescribed by this Order; e.g., "Agency Confidential" or
"Conference Confidential." -
1-504. In order to facilitate excerpting and other uses, each classified
document shall, by marking or other means, indicate clearly which portions
are classified, with the applicable classification designation, and which portions
are not classified. The Director of the Information Security Oversight Office
may, for good cause, grant and revoke waivers of this requirement for speci-
fied classes of documents or information.
1-505. Foreign government information shall either retain its original
classification designation or be assigned a United States classification designa-
tion that shall ensure a degree of protection equivalent to that required by the
entity that furnished the information. -
1-506. Classified documents that contain or reveal information that is
subject to special dissemination and reproduction limitations authorized by
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THE PRESIDENT
this Order shall be marked clearly so as to place the user on notice of the
restrictions.
1-6. Prohibitions.
1-601. Classification may not be used to conceal violations of law, ineffi-
ciency, or administrative error, to prevent embarrassment to a person, organi-
zation or agency, or to restrain competition.
1-602. Basic scientific research information not clearly related to the
national security may not be classified.
1-603. A product of non-government research and development that does
not incorporate or reveal classified information to which the producer or
-developer was given prior access may not be classified under this Order until
and unless the government acquires a proprietary interest in the product. This
Order does not affect the provisions of the Patent Secrecy Act of 1952 (35
U.S.C. 181-188).
1-604. References to classified documents that do not disclose classified
information may not be classified or used as a basis for classification.
1-605. Classification may not be used to limit dissemination of informa-
tion that is not classifiable under the provisions of this Order or to prevent or
delay the public release of such information.
1-606. No document originated on or after the effective date of this
Order may be classified after an agency has, received a request for the docu-
ment under the Freedom of Information Act or the Mandatory Review provi-
sions of this Order (Section 3-5), unless such classification is consistent with
this Order and is authorized by the agency head or deputy agency head.
Documents originated before the effective date of this Order and subject to
such a request may not be classified unless ,such classification is consistent
with this Order and is authorized by the senior official designated to oversee
the agency information security program or by an official with Top Secret
classification authority. Classification authority under this provision shall be
exercised personally, on a document-by-document basis.
1-607. Classification may not be restored to documents already declassi-
fied and released to the public under, this Order or prior Orders.
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
classification guide.
2-102. Persons who apply such derivative classification markings shall:
{a) respect original classification decisions;
(b) verify the information's current level of classification so far as practica-
ble before applying the markings; and
(c) carry forward to any newly created documents the assigned dates or
events for declassification or review and any additional authorized markings,
in accordance with Sections 2-2 and 2-301 below. A single marking may be
used for documents based on multiple sources.
2-2. Classification Guides.
2-201. Classification guides used to direct derivative classification shall
specifically identify the information to be classified. Each classification guide
shall specifically indicate how the designations, time limits, markings, and
other requirements of this Order are to be applied to the information.
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28954
2-202. Each such guide shall be approved personally and in writing by an
agency head listed in Section 1-2 or by an official with Top Secret classifica-
tion authority. Such approval constitutes an original classification decision.
2-3. New Material.
2-301. New material that derives its classification from information classi-
fied on or after the effective date of this Order shall be marked with the
declassification date or event, or the date for review, assigned to the source
information.
2-302. New material that derives its classification from information classi-
fied under prior Orders shall be treated as follows:
(a) If the source material bears a declassification date or event twenty
years or less from the date of origin, that date or event shall be carried
forward on the new material.
(b) If the source material bears no declassification date or event or is
marked for declassification beyond twenty years, the new material shall be
marked with a date for review for declassification at twenty years from the date
of original classification of the source material.
(c) If the source material is foreign government information bearing no
date or event for declassification or is marked for declassification beyond
thirty years, the new material shall be marked for review for declassification at
thirty years from the date of original classification of the source material.
SECTION 3. DECLASSIFICATION AND DOWNGRADING.
3-1. Declassification Authority.
3-101. The authority to declassify or downgrade information classified
under this or prior Orders shall be exercised only as specified in Section 3-1.
3-102. Classified information may be declassified or downgraded by the
official who authorized the original classification if that official is still serving
in the same position, by a successor, or by a supervisory official of either.
3-103. Agency heads named in Section 1-2 shall designate additional
officials at the lowest practicable echelons to exercise declassification and
downgrading authority.
3-104. If the Director of the Information Security Oversight Office deter-
mines that information is classified in violation of this Order, the Director may
require the information to be declassified by the agency that originated the
classification. Any such decision by the Director may be appealed to the
National Security Council. The information shall remain classified until the
appeal is decided or until one year from the date of the Director's decision,
whichever occurs first.
3-105. The provisions of this Order relating to declassification shall also
apply to agencies which, under the terms of this Order, do not have original
classification authority but which had such authority under prior Orders.
3-2. Transferred Information.
3-201. For classified information transferred in conjunction with a trans-
fer of functions-not merely for storage purposes-the receiving agency shall
be deemed to be the originating agency for all purposes under this Order.
3-202. For classified information not transferred in accordance with Sec-
tion 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 all purposes
under this Order. Such information may be declassified or downgraded by the
agency in possession after consulting with any other agency having an interest
in the subject matter.
3-203. Classified information transferred to the General Services Admin-
istration for accession into the Archives of the United States shall be declassi-
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THE PRESIDENT 28955
feed or downgraded by the Archivist of the United States in accordance with
this Order, the directives of the Information Security Oversight Office, and
the agency guidelines.
3-204. After the termination of a Presidential administration, the Archivist
of the United States shall review and declassify or downgrade all information
classified by the President, the White House Staff, committees or commissions
appointed by the President, or others acting on the President's behalf. Such
declassification shall only be undertaken in accordance with the provisions of
Section 3-504.
3-3. Declassification Policy.
3-301. Declassification of classified information shall be given emphasis
comparable to that accorded classification. -Information classified pursuant to
this and prior Orders shall be declassified as early as national security consid-
erations permit. Decisions concerning declassification shall be based on the
loss of the information's sensitivity with the passage of time -or on the occur-
rence of a declapsifrcation event.
3-302. When information is reviewed for declassification pursuant to this
Order or the Freedom of Information Act, it shall be declassified unless the
declassification authority established pursuant to Section 3-1 determines that
the information continues to meet the classification requirements prescribed in
Section 1-3 despite the passage of time.
3-303. It is presumed that information which continues. to meet the
classification requirements in Section 1-3 requires continued protection. In
some cases, however, the need to. protect such information may be outweighed
by the public interest in disclosure-of the information, and in these cases the
information should be declassified. When such questions arise, they shall be
referred to the agency head, a senior agency official with responsibility for
processing Freedom of Information Act requests or Mandatory Review re-
quests under this Order, an official with Top Secret classification authority, or
the Archivist of the United States in the case of material covered in Section 3-
503. That, official will determine whether the public interest in disclosure
outweighs the damage to national security that might reasonably be expected
from disclosure.
3-4. Systematic Review for Declassification.
3-401. Classified information constituting permanently valuable records
of the Government, as defined by 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, shall be reviewed for declassification as it
becomes twenty years old. Agency heads listed in Section 1-2 and officials
designated by the President pursuant to Section 1-201 of this Order may
extend classification beyond twenty years, but only in`accordance with Sections
3-3 and 3-402. This authority may not be delegated. When classification is
extended beyond twenty years, a date no more than ten years later shall be set
for declassification or for the next review. That date shall be marked on the
document.. Subsequent reviews for declassification shall be set at no more
than ten year intervals. The Director of the Information Security Oversight
Office may extend the period between subsequent reviews for specific catego-
ries of documents or information.
3-402. Within 180 days after the effective date of this Order, the agency
heads' listed in Section 1-2 and the heads of agencies which had original
classification authority under prior orders shall, after consultation with the
Archivist of the United States and review by the Information Security Over-
sight Office, issue and maintain guidelines for systematic review covering
twenty-year old classified information under their jurisdiction. These guide-
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lines shall state specific, limited categories of information which, because of
their national security sensitivity, should not be declassified automatically but
should be reviewed item-by-item to determine whether continued protection
beyond twenty years is needed. These guidelines shall be authorized for use
by the Archivist of the United States and may, upon approval of the issuing
authority, be used by any agency having custody of the information. All
information not identified in these guidelines as. requiring review and for
which a prior automatic declassification date has not been established shall be
declassified automatically at the end of twenty years from the date of original
classification.
3-403. Nothwithstanding Sections 3-401 and 3-402, the Secretary of
Defense may establish special procedures for systematic review and declassifi-
cation of classified cryptologic information, and the Director of Central Intelli-
gence may establish special procedures for systematic review, and declassifica-
tion of classified information concerning the identities of clandestine human
agents. These procedures shall be consistent, so far as practicable, with the
objectives of Sections 3-401 and 3-402. Prior to implementation, they shall be
reviewed and approved by the Director of the Information Security Oversight
Office and, with respect to matters pertaining to intelligence sources and
methods, by the Director of Central Intelligence. Disapproval of procedures by
the Director of the Information Security Oversight Office may be appealed to
the National Security Council. In such cases, the procedures shall not be
implemented until .the appeal is decided.
3-404. Foreign government information shall be exempt from automatic
declassification and twenty year systematic review. Unless declassified earlier,
such information shall be reviewed for declassification thirty years from its
date of origin. Such review shall be in accordance with the provisions of
Section 3-3 and with guidelines developed by agency heads in consultation
with the Archivist of the United States and, where appropriate, with the
foreign government or international organization concerned. These guidelines
shall be authorized for use by the Archivist of the United States and may,
upon approval of the issuing authority, be used by any agency having custody
of the information.
3-405. Transition to systematic review at twenty years shall be implement.
ed as rapidly as practicable and shall be completed no more than ten years
from the effective date of this Order.
3-5. Mandatory Review for Declasstion.
3-501. Agencies shall establish a mandatory review procedure to handle
requests by a'member of the public, by a government employee, or by an
agency, to declassify and release information. This procedure shall apply to
information classified under this Order or prior Orders. Except as provided in
Section 3-503, upon such a request the information shall be reviewed for
possible declassification, provided the request reasonably describes the infor-
mation. Requests for declassification under this provision shall be acted upon
within 60 days. After review, the information or any reasonably segregable
portion thereof that no longer requires protection under this Order shall be
declassified and released unless withholding is otherwise warranted under
applicable law.
3-502. Requests for declassification which are submitted under the provi-
sions of the Freedom of Information Act shall be processed in accordance with
the provisions of that Act.
3-503. Information less than ten years old which was originated by the
President, by the White House Staff, or by committees or- commissions ap-
pointed by the President, or by others acting on behalf of the President,
including such information in the possession and control of the Administrator
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of General Services pursuant to 44 U.S.C. 2107 or 2107 note, is exempted
from the provisions of Section 3-501. Such information over ten years old
shall be subject to mandatory review for declassification. Requests for manda-
tory review shall be processed in accordance with procedures developed by
the Archivist of the United States. These procedures shall provide for consul-
tation with agencies having primary subject matter interest. 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 through the process set forth in Section 3-104.
3-504. Requests for declassification of classified documents originated by
an agency but in the possession and control of the Administrator of General
Services, pursuant to 44 U.S.C. 2107 or 2107 note, shall be referred by the
Archivist to the agency of origin for processing in accordance with Section 3-
501 and for direct response to the requestor. The Archivist shall inform
requestors of such referrals.
3-505. Nq agency in possession of a classified document may, in response
to a request for the document made under the Freedom of Information Act or
this Order's Mandatory Review provision, refuse to confirm the existence or
non-existence of the document, unless the fact of its existence or non-exis-
tence would itself be classifiable under this Order.
3-6. Downgrading.
3-601. Classified information that is marked for automatic downgrading is
downgraded accordingly without notification to holders.
3-602. Classified information that is not marked for automatic downgrad-
ing may be assigned a lower classification designation by the originator or by
other authorized officials when such downgrading is appropriate. Notice of
downgrading shall be provided to holders of the information to the extent
practicable.
SECTION 4. SAFEGUARDING.
4-1. General Restrictions, on Access.
4-101. No person may be given access to classified information unless
that person has been determined to be trustworthy and unless access is
necessary for the performance of official duties.
4-102. All classified information shall be marked conspicuously to put
users on notice of'its current classification status and, if appropriate, to show
any special distribution or reproduction restrictions authorized by this Order.
4-103. Controls shall be established by each agency to ensure that classi-
fied information is used, processed, stored, reproduced, and transmitted only
under conditions that will provide adequate protection and prevent .access by
unauthorized persons.
_4-104. Classified information no longer needed in current working files
or for reference or record purposes.shall be processed for appropriate disposi-
tion in accordance with the provisions of Chapters 21 and 33 of Title 44 of
the United States Code, which governs disposition of Federal records.
'4-105. Classified information disseminated outside the Executive branch
shall be given protection equivalent to that afforded within the Executive
branch.
4-2. Special Access Plvgranu.
4-201. Agency heads listed in Section 1-201 may tie ate special access
programs to control access, distribution, and protection of particularly sensi-
tive information classified pursuant to this Order or prior Orders. Such pro-
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28958 THE PRESIDENT
grams may be created or continued only by written direction and only by
those agency heads and, for matters pertaining to intelligence sources and
methods, by the Director of Central Intelligence. Classified information in
such programs shall be declassified according to the provisions of Section 3.
4-202. Special access programs may be created or continued only on a
specific showing that:
(a) normal management and safeguarding procedures are not sufficient to
limit need-to-know or access;
(b) the number of persons who will need access will be reasonably small
and commensurate with the objective of -providing extra protection for the
information involved; and
(c) the special access controls balance the need to protect the information
against the full spectrum of needs to use the information.
4-203. All special access programs shall be reviewed regularly and, except
those required by treaty or international agreement, shall terminate automati-
cally every five years unless renewed in accordance with the procedures in
Section 4-2.
4-204. Within 180 days after the effective date of this* Order, agency
heads shall review all existing special access programs under their jurisdiction
and continue them only in accordance with the procedures in Section 4-2.
Each of those agency heads shall also establish and maintain a system of
accounting for special access programs. The Director of the Information Secu-
rity Oversight Office shall have non-delegable access to all such accountings.
4-3. Access by Historical Researchers and Former Presidential Appointees.
4-301. The requirement in Section 4-101 that access to classified infor-
mation may be granted. only as is necessary for the performance of official
duties may be waived as provided in Section 4-302 for persons who:
(a) are engaged in historical research projects, or
(b) previously have occupied policy-making positions to which they were
appointed by the President.
4-302. Waivers under Section 4-301 may be granted only if the agency
with jurisdiction over the information:
(a) makes a written determination that access is consistent with the inter-
ests of national security;
(b) .takes appropriate steps to ensure that access is limited to specific
categories of information over which that agency has classification jurisdiction;
(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.
-4-4. Reproduction Controls.
4-401. Top Secret documents may not be reproduced without the consent
of the originating agency unless otherwise marked by the originating office.
4-402. Reproduction of Secret and Confidential documents may be re-
stricted by the originating agency.
4-403. Reproduced copies of classified documents are subject to the same
accountability and controls as the original documents.
4-404. Records shall be maintained by all agencies that reproduce paper
copies of classified documents to show the number and distribution of repro-
duced copies of all Top Secret documents, of all documents covered by
special access programs distributed outside the originating agency, and of all
Secret and all Confidential' documents which are marked with special dissemi-
nation and reproduction limitations in accordance with Section 1-506.
4-405. Sections 4-401 and 4-402 shall not restrict the reproduction of
documents-for the purpose of'facilitating review for declassification. However,
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such reproduced documents that remain classified after review must be de-
stroyed after they are used.
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.
5-102. The Administrator of General Services shall be responsible for
implementing and monitoring the program established pursuant to this Order.
This responsibility shall be delegated to an Information Security Oversight
Office.
5-2. Information Security Oversight Office.
5-201. The Information Security Oversight Office shall have a full-time
Director appointed by the Administrator of General Services subject to ap-
proval by the President. The Administrator also shall have authority to ap-
point a staff for the Office.
5-202. The Director shall:
(a) oversee agency actions 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, including appeals from decisions on declassifi-
cation requests pursuant to Section 3-503;
(c) exercise the authority to declassify information provided by Sections
3-104 and 3-503;
(d) develop, in consultation with the agencies, and promulgate, subject to
the approval of the National Security Council, directives for the implementa-
tion of this Order which shall be binding on the agencies;
(e) report annually to the President through the Administrator of General
Services and the National Security Council on the implementation of this
Order;
(f) review all agency implementing regulations and agency guidelines for
systematic declassification review. The Director shall require any regulation or
guideline to be changed if it is not consistent with this Order or implementing
directives. Any such decision by the Director may be appealed to the National
Security Council. The agency regulation or guideline shall remain in effect
until the appeal is decided or until one year from the date of the Director's
decision, whichever occurs first.
(g) 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 under Section 1-2 of this
Order, and
(h) have. the authority to conduct on-site reviews of the information
security program of each agency that handles classified information and to
require of each agency such reports, information, and other cooperation as
necessary 'to fulfill his responsibilities. If such reports, inspection, or access to
specific categories of classified information would pose an exceptional national
security risk, the affected agency head may deny access. The Director may
appeal denials to the National Security Council. The denial of access shall
remain in effect until the appeal is decided or until one year from the date of
the denial, whichever occurs first.
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5-S. Interagency Information Security Committee.
5-301. There is established an Interagency Information Security Commit-
tee which shall be chaired by the Director and shall be comprised' of represent-
atives of the Secretaries of State, Defense, Treasury, and Energy, the Attorney
General, the Director of Central Intelligence, the National Security Council,
the Domestic Policy Staff, and the Archivist of the United States.
5-302. Representatives of other agencies may be invited to meet with the
Committee on matters of particular interest to those agencies.
5-303. The Committee shall meet at the call of the Chairman or at the
request of a member agency and shall advise the Chairman on implementation
of this order.
5-4. General Responsibilities.
5-401. A copy of any information security regulation and a copy of any
guideline for systematic declassification review which has been adopted pursu-
ant to this Order or implementing directives, shall be submitted to the Infor-
mation Security Oversight Office. To the extent practicable, such regulations
and guidelines should be unclassified.
5-402. Unclassified regulations that establish agency information security
policy and unclassified guidelines for systematic declassification review shall be
published in the FEDERAL REGISTER.
5-403. Agencies with original classification authority shall promulgate
guides for security classification that will facilitate the identification and uni-
form classification of information requiring protection under the provisions of
this Order.
5-404. Agencies which originate or handle classified information shall:
(a) designate a senior agency official to conduct an active oversight pro-
gram to ensure effective implementation of this Order;
(b) designate a senior agency official to chair an agency committee with
authority to act on all suggestions and complaints with respect to the agency's
administration of the information security program;
(c) establish a process to decide appeals from denials of declassification
requests submitted pursuant to Section 3-5;
(d) establish a program to familiarize agency and other personnel who
have access to classified information with the provisions of this Order and
implementing directives. This program shall impress upon agency personnel
their responsibility to exercise vigilance in complying with this Order. The
program shall encourage agency personnel to challenge, through Mandatory
Review and other appropriate procedures, those classification decisions they
believe to be improper;
(e) promulgate guidelines for systematic review in accordance with Sec-
tion 3-402;
(f) establish procedures to prevent unnecessary access to classified infor-
mation, including procedures which require that a demonstrable need for
access to classified information is established before initiating administrative
clearance procedures, and which ensures that the number of people granted
access to classified information is reduced to and maintained at the minimum
number that is consistent with operational requirements and needs; and
(g) ensure that practices for safeguarding information are systematically
reviewed and that those which are duplicative or unnecessary are eliminated.
5-405. Agencies shall submit to the Information Security Oversight Office
such information or reports as the Director of the Office may find necessary to
carry out the Office's responsibilities.
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5-5. Administrative Sanctions.
5-501. If the Information Security Oversight Office finds that a violation
of this Order or any implementing directives may have occurred, it shall make
a report to the head of the agency concerned so that corrective steps may be
taken.
5-502. Officers and employees of the United States Government shall be
subject to appropriate administrative sanctions if they:
(a) knowingly and willfully classify or continue the classification of infor-
mation in violation of this Order or any implementing directives; or
(b) knowingly, willfully and without authorization disclose information
properly classified under this Order or prior Orders or compromise properly
classified information through negligence; or
(c) knowingly and willfully violate any other provision of this Order or
implementing directive.
5-503. Sanctions may include reprimand, suspension without pay, remov-
al, termination of classification authority, or other sanction in accordance with
applicable law and agency regulations.
5-504. Agency heads shall ensure that appropriate and prompt corrective
action is taken whenever a violation under Section 5-502 occurs. The Director
of the Information Security Oversight Office shall be informed when such
violations occur.
5-505. Agency heads shall report to the Attorney General evidence re-
flected in classified information of possible violations of Federal criminal law
by an agency employee and of possible violations by any other person of those
Federal criminal laws specified in guidelines adopted by the Attorney General.
SECTION 6. GENERAL PROVISIONS.
6-1. Definitions.
6-101. "Agency" has the meaning defined in 5 U.S.C. 552(e).
6-102. "Classified information" means information or material, herein
collectively termed information, that is owned by, produced for or by, or
under the control of, the United States Government, and that has been
determined pursuant to this Order or prior Orders to -require protection
against unauthorized disclosure, and that is so designated.
6-103. "Foreign government information" means information that has
been provided to the United States in confidence by, or produced by the
United States pursuant to a written joint arrangement requiring confidentiality
with, a foreign government or international organization of governments.
6-104. "National security" means the national defense and foreign rela-
tions of the United States.
6-105. "Declassification event" means an event which would eliminate the
need for continued classification.
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, pro-
tected, classified, downgraded, and declassified in conformity with the provi-
sions 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.
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6-203. Executive Order No. 11652 of March '8, 1972. as amended by
Executive Order No. 11714 of April 24, 1973, and as further amended by
Executive Order No. 11862 of June 11, 1975, and the 'National Security
Council Directive of May 17, 1972 (3 CFR 1085 (1971-75 Comp.)) are re-
voked.
6-204. This Order shall become effective on December 1, 1978, except
that the functions of the 'Information Security Oversight Office specified in
Sections 5-202(d) and 5-202(f) shall be effective immediately and shall be
performed in the interim by the Interagency Classification Review Committee
established pursuant to Executive Order No. 11652.
THE WHITE HOUSE,
June 28, 1978.
~f7-el-j"'*
EDTTORtAL Nore: The President's statement of June 29, 1978, on issuing Executive Order
12065. is printed in the Weekly Compilation of Presidential Documents (vol. 14, No. 26).
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THE PRESIDENT 28963
Designation of Certain Officials Within the Executive Office of the President To Classify
National Security Information
Pursuant to the provisions of Section 1-201 of Executive Order 12065 of
June 28, 1978, entitled "National Security Information", I hereby designate
the following officials within the Executive Office of the President to originally
classify information as "Top Secret"
The Vice President
The Assistant to the President for National Security Affairs
The Director, Office of Management and Budget
The Director, Office of Science and Technology Policy
The Special Representative for Trade Negotiations
The Chairman, Intelligence Oversight Board
Pursuant to the provisions of Section 1-202 of said Order, I designate the
Chairman of the Council of Economic Advisers and the President's Personal
Representative for Micronesian Status Negotiations to originally classify infor-
mation as "Secret".
Any delegation of this authority shall be in accordance with Section 1-204
of the Order.
This Order shall be published in the FEDERAL REGISTER.
THE WHrrE HOUSE, "
June 28, 1978.
[FR Doc. 78-18506 Filed 6-29-78; 4:19 pm]
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Fodoraal R thr / Vol. 44, No. 192 / Tuesday. October 2, 1979 / Presidential Documents
Presidential Documents
Executive Order 12163 of September 29. 1979
Administration of Foreign Assistance and Related Functions
By virtue of the authority vested in me by the Foreign Assistance Act of 1961,
Reorganization Plan No. 2 of 1979, the International Development Cooperation
Act of 1979, and section 301 of title 3 of the United States Code, and as
President of the United States, it is hereby ordered as follows:
1-1. UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
1-101. Establishment of the United States International Development Cooper-
ation Agency. Sections 1, 5, 6, and 6 of Reorganization Plan No. 2 of 1979 are
declared effective and the United States International Development Coopera-
tion Agency (hereinafter referred to as "IDCA") is hereby established.
1-102. Delegation of Functions. (a) Exclusive of the functions otherwise
delegated, or reserved to the President, by this order, and subject to the
provisions of this order, there are hereby delegated to the Director of IDCA
(hereinafter referred to as the "Director") all functions conferred upon the
President by:
(1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.): (hereinafter
referred to as the "Act");
(2) the latin American Development Act (22 U.S.C. 1942 .et seq.);
(3) section 402 of the Mutual Security Act of 1954 (22 U.S.C. 1922);
(4) section 413(b) of the International Security Assistance and Arms Export
Control Act of 1976 (22 U.S.C. 2431): and
(5) title IV of the International Development Cooperation Act of 1973 (22
U.S.C. 3501 et -seq.) (hereimufier referred to as the "IDC Act of 197(,').
(b) The functions under sections 113(e), 491(b), 491(c). 607, 627. 628, 630(3), and
666 of the Act, and section 403(1) of the tDC Act of 1979, delegated to the
Director shall be exercised in consultation with the Secretary of State.
(c) The functions under section 125(b) of the Act delegated to the Director
shall be exercised in consultation with the Secretary of the Treasury and, with
regard to the United Nations Development Program, in consultation with the
Secretary of State.
(d) The Director shall exercise the functions of the President under sections
301(a), 301(e)(1), 301(e)(3), and 305 of the Act only insofar as they pertain to
the United Nations Development Program, UNICEF, the Organization of
American States Technical Assistance Funds, the United Nations Capital
Development Fund, the United Nations Educational and Training Program for
Southern Africa, the United Nations/Food and Agriculture Organization
World Food Program, the Food and Agriculture Organization Post-Harvest
Losses Fund, the United Nations Disaster Relief Organization, and any other
international programs whose purpose is primarily developmental.
(e) In carrying out the functions under section 653 of the Act that are delegated
to the Director, the Director shall consult with the Director of the Office of
Management and Budget.
(f) To the extent practicable, the Director will exercise functions relating to
Foreign Service personnel in a manner that will assure maximum compatibil-
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FOLIMMI Reals'tcir / Vol. 44, No. 192 / Tuesday, October 2. 1970 / Presidential Documents
(b) There are allocated to the Secretary of Defense funds made available for
carrying out Part fI of the Act (except chapters 4 and 6 thereof).
(c) There are allocated to the Secretary of State fund;,, made available for
carrying out sections 481 and 637(b) and chapter 6 of Part If of the Act.
1-802. Reallocation of Funds. The Director of IDCA, the Secretary of Defense,
and the Secretary of State may allocate or transfer as appropriate any funds
received under subsections (a), (b), and (c), respectively of .section 1-801 of
this order, to any agency' or part thereof for obligation or expenditure thereby
cansiatent with applicable law,
1-9, GENERAI, PROVISIONS
1-901. Definition. A:M used in this order, the word "function" includes any duty,
obligation, power, authority, responsibility, right, privilege, discretion, or activ-
ity. 1
1-302. References to Orders and Acts. Except as may for any reason be
inappropriate:
(a) References in this order or in any other Executive order to (1) the Foreign
Assistance Act of 1961 (including references herein to "the Act"), (2) unre-
pealed provisions of the Mutual Security Act of 1954, or (3) any other act that
relates to the subject of this order shall be deemed to include references to
any subsequent amendments thereto.
(b) References in any prior Executive order to the Mutual Security Act of 1954
or any provisions thereof shall be deemed to be references to the Act or the
corresponding provision, if any, thereof.
(c) References in this order to provisions of any appropriation Act, and
references in any other Executive order to provisions of any appropriation Act
related to the subject of this order shall be deemed to include references to
any hereafter-enacted provisions of law that are the same or substantially the
same as such appropriation Act provisions, respectively.
(d) References in this order or in any other Executive order to this order or to
any provision thereof shall be deemed to include references thereto, respec-
tively, as amended from time to time.
(e) References in any prior Executive order not superseded by this order to
any provistons of any Executive order so superseded shall hereafter be
deemed to be references to the corresponding provisions, if any, of this order.
1-903. Prior Executive Orders. (a) The following are revoked:
(1) Executive Order No. 10973 of November 3, 1961, as amended:
(2) section 2(a) of Executive Order No. 11579 of January 19, 1971; and
(3) Executive Order No. 10893 of November 8, 1960.
(b) The following are amended:
(1) section 3(a) of Executive Order No. 11846 of March 27, 1975, as amended,
by adding the following new paragraph (12) after paragraph (11):
"(12) The Director of the United States International Development Coopera-
tion Agency";
(2) section 1-202 of Executive Order 12065 of June 28, 1978, by striking out
"The Administrator, Agency for International Development" and inserting in
lieu thereof "The Director of the United States International Development
Cooperation Agency":
(3) section 2(a) of Executive Order No. 11956 of January 18, 1.977. by striking
out "the Administrator of the Agency for International Development" and
inserting in lieu thereof "the Director of the United States International
Development Cooperation Agency";
(4) section 3 of Executive Order 10900 of January 5, 1961, by adding thereto the
following new subsection:
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