REVISION OF EXECUTIVE ORDER 12065, 'NATIONAL SECURITY INFORMATION'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000300040002-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 28
• Document Creation Date: December 15, 2016
• Document Release Date: August 12, 2003
• Sequence Number: 2
• Publication Date: August 13, 1981
• Content Type: MF

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MEMORANDUM FOR: Director, National Foreign Assessment Center
Deputy Director for Operations
geputy Director for Science & Technology
/beputy Director for Administration
Comptroller
t
Leg isla
ive Counsel ~- O
Director of Personnel
Director of Public Affairs
Director, Equal Employment Opportunity
Director of Security
Special Assistant to the DCI for
Compartmentation
Director of Information Services, DDA
office of enera Counsel
SUBJECT: Revision of Executive Order 12065,
"National Security Information"
.Enclosed for your review is the final draft of the revision
of Executive order 12065. This draft will hopefully be finalized
by the end of next week (21 August 1981), and provided to the
National Security Council for eventual presentation to the
President. Comments concerning this draft should be provided to
me by telephone no later than Monday, 17 August 1981. Because
this draft represents the fruits of months of negotiation between
the members of the interagency group, comments should be limited
to changes which are thought essential to the effective
administration of the order.
STAT
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National Security Information
The interests of the United States and its citizens require
that certain information in the Government's possession
concerning our national defense and foreign relations be
uniformly protected against unauthorized disclosure. It also is
essential that the public be informed concerning the activities
of its Government. To ensure that national security information
is adequately safeguarded, this order identifies the information
to be so protected, prescribes classification, declassification,
and safeguarding standards to be followed, and establishes a
monitoring system to ensure its effectiveness.
SECTION 1. ORIGINAL CLASSIFICATION.
1-1. Classification Designation.
1-101. Information that requires protection against
unauthorized disclosure in the interest of national security
shall be classified in one of the three categories listed
below. If there is a reasonable doubt as to which category is
appropriate or whether the information should be classified at
all, the information shall be protected at an appropriate level
of classification until a final determination is made as to the
need for protection and the level of required protection. No
other categories of classification shall be used to identify
information as requiring protection in the interest of national
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security, except as otherwise provided by statute. Nothing in
this Order shall be construed as limiting the protection afforded
national security information by other provisions of law.
1-102. "Top Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause exceptionally grave damage to the national security.
1-103. "Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause serious damage to the national security.
1-104. "Confidential" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause damage to the national security.
1-2. Classification Authority.
1-201. Top Secret. Authority for original classification
of information as Top Secret may be exercised only by the
President, by such agency heads or officials as the President may
designate by publication in the Federal Register, and by
officials to whom such authority is delegated in accordance with
Section 1-204.
1-202. Secret. Authority for original classification of
information as Secret may be exercised only by such agency heads
or officials as the President may designate by publication in the
Federal Register, by officials to whom such authority is
delegated in accordance with Section 1-204, and by officials who
have Top Secret classification authority.
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1-203. Confidential. Authority for original classification
of information as Confidential may be exercised only by such
agency heads or officials as the President may designate by
publication in the Federal Register, by officials to whom such
authority is delegated in accordance with Section 1-204, and by
officials who have Top Secret or Secret classification authority.
1-204. Limitation on Delegation of Original Classification
Authority.
(a) Authority for original classification of
information as Top Secret may be delegated only to principal
subordinate officials who have a need to exercise such
authority as determined by the President, by agency heads or
officials designated pursuant to Section 1-201, or by senior
officials with Top Secret classification authority who have
been designated in writing to exercise this authority by
such agency heads.
(b) Authority for original classification of
information as Secret may be delegated only to subordinate
officials who have a need to exercise such authority as
determined by the President, by agency heads or officials
designated pursuant to Section 1-201 and 1-202, and by
officials with Top Secret classification authority.
(c) Authority for original classification of
information as Confidential may be delegated only to
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subordinate officials who have a need to exercise such
authority as determined by the President, by agency heads
designated pursuant to Section 1-201, 1-202, and 1-203, and
by officials with Top Secret classification authority.
(d) Each delegation of original classification
authority shall be in writing by name of official or title
of position held.
(e) Delegations of original classification authority
shall be limited to the absolute minimum required to
exercise such authority to effectively and efficiently
administer this Order. Agency heads will be responsible for
ensuring that officials so designated have a demonstrable
and continuing need to exercise such authority.
. 1-205. Exceptional Cases. When an employee or contractor
of an agency that does not have original classification authority
originates information believed to require classification, the
information shall be protected in a manner consistent with this
Order and its implementing directives. The information shall be
transmitted promptly under adequate safeguards to the agency
which has appropriate subject matter interest and classification
authority with respect to this information. That agency shall
decide within 30 days whether to classify this information. If
it is not clear which agency has classification responsibility
for this information, it shall be sent to the Director of the
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Information Security Oversight Office for review. The Director
shall consult with any agency determined to have a subject matter
interest in this information before making a classification
determination.
1-3. Classification Requirements.
1-301. Information shall be considered for classification
if it concerns:
(a) military plans, weapons, or operations;
(b) the vulnerabilities or capabilities of systems,
installations, projects, or plans vital to the national
security;
(c) foreign government information;
(d) intelligence activities, including special
activities, or intelligence sources or methods;
(e) foreign relations or foreign activities of the
United States;
(f) scientific, technological, or economic matters
relating to the national security;
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(g) United States Government programs for safeguarding
nuclear materials or facilities;
(h) cryptology;
(i) an individual whose life or safety may be placed
in jeopardy by disclosure of such information;
(j) techniques, procedures or material relating to the
protective mission of the United States Secret Service or
other agencies with similar responsibilities;
(k) a confidential source as defined in section 6-105; or
(1) other categories of information which are related
to national security and which require protection against
unauthorized disclosure as determined by the President or
agency heads who have original classification authority.
Any determination made under this subsection shall be
reported promptly to the Director of the Information
Security oversight office.
1-302. Information which is determined to concern one or
more of the criteria in Section 1-301 shall be classified when an
original classification authority also determines that its
unauthorized disclosure reasonably could be expected to cause
damage to the national security. In considering whether the
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disclosure of information could be expected to cause damage to
the national security, it is not necessary to consider such
information in isolation. Information shall be classified if its
unauthorized disclosure, when considered in the context of other
information, reasonably could be expected to cause such damage.
1-303. Unauthorized disclosure of foreign government
information, information which could compromise the identity of a
confidential source, information relating to intelligence
activities, including special activities, or intelligence sources
or methods, or cryptology is presumed to cause damage to the
national security.
1-304. Information classified in accordance with Section
1-3 shall not be automatically declassified as a result of any
unofficial publication, or inadvertent or unauthorized disclosure
in the United States or abroad of identical or similar
information.
1-4. Duration of Classification.
1-401. information shall be classified for as long as
required by national security considerations. Procedures shall
be developed by agencies to ensure the effectiveness and
integrity of the classification system while eliminating the
accumulation of classified information which no longer requires
protection. Information should be considered for downgrading or
declassification as soon as practicable based on the degree to
which the passage of time or the occurrence of a specific event
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or events may have eliminated or reduced the original national
security sensitivity of this information. If appropriate,
original classification authorities shall set a specific date or
event for declassification at the time the information is
originally classified.
1-402. Except as permitted under the systematic review for
declassification procedures of Section 3-3, information subject
to automatic declassification pursuant to limitations on duration
of classification specified in predecessor orders shall not be
automatically declassified .
1-5. Identification and Markings.
1-501. At the time of original classification, the
following shall be shown on the face of all classified documents,
and prominently displayed, where practicable, on all other forms
of classified information, except where such markings would
reveal a confidential source or relationship not otherwise
evident from the face of such documents or information:
(a) the office of origin;
(h) the date or event for declassification or the
notation " Declassify Upon Notification of Originator"; and
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(c) one of the three classification designations
1-502. Only the designations Top Secret, Secret, or
Confidential may be used to identify classified information.
Markings such as "For Official Use Only", "Limited Official Use"
or "Sensitive" may not be used for that purpose.
1-503. Each classified document shall be marked or shall
otherwise indicate which portions are classified with the
appropriate classification designation, and which portions are
not classified. The President and agency heads designated
pursuant to Section 1-2 may, for good cause, except information
under their classification jurisdiction from this portion-marking
requirement.
1-504. Foreign government information shall either retain
its original classification designation or be assigned a United
States classification designation that shall ensure a degree of
protection equivalent to that required by the entity that
furnished the information.
1-6. Limitations on Classification.
1-601. Classification shall be determined solely on the
basis of national security considerations. In no case shall
information be classified in order to conceal violations of law,
inefficiency or administrative error, to prevent embarrassment to
a person, or organization or agency, or to restrain competition,
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or to prevent for any other reason the release of information
which does not require protection in the interest of national
security.
1-602. Classification may not be used to limit
dissemination of information that is not classifiable under the
provisions of this order or to prevent or delay the public
release of such information.
1-603. A document may be classified after an agency has
received a request for the document under the Freedom of
Information Act or Privacy Act of 1974, or the Mandatory Review
provisions of this Order (Section 3-4) if such classification is
consistent with this order and is authorized by the agency head,
the deputy agency head, or by senior agency officials designated
by such agency heads. Classification authority under this
provision shall be exercised personally, on a document-by-
document basis.
1-604. Information which has been reviewed for
declassification under the procedural and substantive criteria of
E.O. 12065 pursuant to a Freedom of Information Act or Privacy
Act or Mandatory Review request which is still pending at the
time this order becomes effective, need not be rereviewed under
the provisions of this order, though an agency may in its sole
discretion apply the provisions of this order.
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SECTION 2. DERIVATIVE CLASSIFICATION.
2-1. Use of Derivative Classification.
2-101. Persons who only reproduce, extract, or summarize
classified information, or who only apply classification markings
derived from source material or as directed by a classification
guide need not possess original classification authority.
2-102. Persons who apply such derivative classification
markings shall:
(a) observe and respect original classification
decisions, which shall not be altered by the use of a
classification level, time limit, or other marking different
from the original on any copy, extract, paraphrase,
restatement, or summary of any classified item except as
specified under approved procedures for downgrading,
declassification, or classification review in accordance
with Section 3 below; and
(b) carry forward to any newly created documents any
assigned dates or events for declassification and any
additional authorized markings. A single declassification
date or event may be used for documents classified on the
basis of multiple sources.
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2-2. Classification Guides.
2-201. Agencies may promulgate classification guides to
facilitate the proper and uniform classification of
information. To the extent that information is classified
pursuant to these guides, such classification is derivative
classification.
2-202. Each guide shall be approved personally and in
writing by an appropriate classification authority. Such
approval constitutes an original classification decision.
Section 3. DECLASSIFICATION AND DOWNGRADING.
3-1. -Declassification Author iy.
3-101. Information shall be declassified or downgraded as
soon as national security considerations permit. Information
that continues to meet the classification requirements prescribed
by Section 1-3 despite the passage of time will continue to be
protected in accordance with this order.
3-102. Agencies shall designate appropriate officials to
exercise declassification and downgrading authority. To the
fullest extent practicable, information shall be declassified or
downgraded by the official who authorized the original
classification if that official is still serving in the same
position, or by the originator's officially authorized
successor. Declassification and downgrading authority also may
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be exercised by a supervisory official of the original classifier
or successor, or by officials delegated such authority by a
senior agency official designated pursuant to Section 5-401(a).
3-103. The provisions of this section relating to
declassification shall apply to agencies which, under the terms
of this order, do not have original classification authority, but
which had such authority under predecessor orders.
3-2. Transferred Information.
3-201. In the case of classified information transferred in
conjunction with a transfer of functions, and not merely for
storage purposes, the receiving agency shall be deemed to be the
originating agency for purposes of this order.
3-202. In the case of classified information which is not
officially transferred in accordance with Section 3-201, but
originated in an agency which has ceased to exist and for which
there is no successor agency, each agency in possession shall be
deemed to be the originating agency for purposes of this order.
Such information may be declassified or downgraded by the agency
in possession after consultation with any other agency which has
an interest in the subject matter of the information.
3-203. Classified information transferred to the General
Services Administration for accession into the Archives of the
United States shall be downgraded or declassified in accordance
with this Order, with directives of the President issued through
the National Security Council, and with agency guidelines
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promulgated in consultation with the Information Security
Oversight Office.
3-3. Systematic Review for Declassification.
3-301. The President and agency heads designated pursuant
to Section 1-2, including the heads of agencies which had
original classification authority under predecessor orders, may
establish procedures for the systematic review of classified
information constituting permanently valuable records of the
Government, as defined in 44 U.S.C. 2103, and information in the
possession and control of the Administrator of General Services,
pursuant to 44 U.S.C. 2107 or 2107 note, for the purpose of
declassifying or downgrading such information in accordance with
the classification requirements of Section 1-3. Guidelines
concerning systematic review for declassification may be issued
by such agency heads for classified information under their
jurisdiction after consultation with the Archivist of the United
States and review by the Information Security Oversight Office.
Information for which no systematic declassification guidelines
are issued, or information which is not identified in these
guidelines as requiring systematic review, and for which a prior
automatic declassification date has not been established, will be
subject to review for declassification in accordance with the
mandatory review for declassification provisions of Section 3-4.
3-302. The Secretary of Defense may establish special
procedures for systematic review for declassification of
classified cryptologic information, and the Director of Central
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Intelligence may establish special procedures for systematic
review for declassification of classified information pertaining
to intelligence activities, including special activities, or
intelligence sources and methods.
3-303. Guidelines issued pursuant to this section will be
used by the Archivist of the United States and, upon approval of
the issuing authority, any agency having custody of the
information.
3-4. Mandatory Review for Declassification.
3-401. Except as provided in Section 3-402, all information
classified under this Order or predecessor orders shall be
subject to a review for declassification by the originating
agency provided:
(1) The request is made by a United States citizen or
permanent resident alien, or a federal, state or local
United States governmental body or agency;
(2) The request describes the documents or material
containing the information sought with sufficient
specificity to enable the agency to locate it with a
reasonable amount of effort.
3-402. Information less than ten years old which was
originated by the President, the White House Staff, or by
committees or commissions appointed by the President, or by
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others acting on behalf of the President, including such
information in the possession and control of the Administrator of
General Services pursuant to 44 U.S.C. 2107 or 2107 note, is
exempted from the provisions of Section 3-401. Such information
over ten years old shall be subject to mandatory review for
declassification in accordance with the provisions of this
section.
3-403. Agencies conducting a mandatory review for
declassification shall declassify and release information that no
longer requires protection under this Order unless withholding
otherwise is warranted under applicable law.
3-404. Agency heads shall develop procedures to process
requests for the mandatory review of classified information. The
Secretary of Defense shall develop special procedures for the
review of classified cryptologic information, and the Director of
Central Intelligence shall develop special procedures for the
review of information pertaining to intelligence activities,
including special activities, or intelligence sources or methods,
after appropriate consultation with affected agencies. The
Archivist shall develop special procedures for the review of
information in the possession and control of the Administrator of
General Services pursuant to 44 U.S.C. 2107 or 2107 note. The
above procedures shall be reviewed by the Director, Information
Security Oversight Office to ensure, to the extent practicable,
that these procedures are consistent with this order.
3-404. (a) In response to a request for information under
the Freedom of Information Act, the Privacy Act, or the Mandatory
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Review provisions of this Order, an agency shall refuse to
confirm or deny the existence or non-existence of requested
information whenever the fact of its existence or non-existence
is itself classifiable under this order.
(b) When an agency receives any request for documents in
its custody that were classified by another agency, it shall
refer the request to the agency of origin for processing, and
may, after consultation with the originating agency, inform the
requestor of the referral. In such cases the referring agency
shall respond to the requestor consistent with section 3-404(a).
3-405. Requests for declassification which are submitted
under the provisions of the Freedom of Information Act or Privacy
Act shall be processed in accordance with the provisions of those
Acts. Agencies shall coordinate their review of classified
information with other agencies that have a direct interest in
the subject matter.
SECTION 4. SAFEGUARDING.
4-1. General Restrictions on Access.
4-101. A person is eligible for access to classified
information only after a formal determination of trustworthiness
has been reached by agency heads or designated senior officials
and provided that such access is essential to the accomplishment
of authorized and lawful Government purposes or contractual
obligations. Agency heads designated pursuant to section 1-2
shall issue and maintain minimum security investigative standards
that must be satisfied for each of the three national security
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information classification designations before access to such
information is provided.
4-102. Controls shall be established by each agency to
ensure that classified information is used, processed, stored,
reproduced, transmitted and destroyed only under conditions that
will provide adequate protection and prevent access by
unauthorized persons. Originating agencies may place
restrictions on the reproduction of classified documents and
establish other accountability controls in conformity with this
policy of protecting classified information from unauthorized disclosure.
4-103. Classified information shall not be disseminated
outside the Executive Branch except under conditions which ensure
that the information will be given protection equivalent to that
afforded within the Executive Branch.
4-104. Except as provided by directives issued by the
President through the National Security Council, classified
information originating in one agency may not be disseminated
outside any other agency to which it has been made available
without the consent of the originating agency.
4-2. Special Access Programs.
4-201. Agency heads designated pursuant to Section 1-201
may create special access programs to control access,
distribution, and protection of particularly sensitive
information classified pursuant to this order or predecessor
orders. Procedures governing the creation, continuance, and
maintenance of such special access programs will be developed by
these agency heads. Such programs may be created or continued
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only by written direction of these agency heads. For special
access programs pertaining to intelligence activities, including
special activities, or intelligence sources and methods, this
function will be exercised by the Director of Central
Intelligence, who will ensure the establishment of minimium
security, access, dissemination and control standards for such
programs.
4-3. Access by Historical Researchers and Former Presidential
Appointees.
4-301. The requirement in Section 4-101 that access to
classified information may be granted only as is necessary for
the performance of official duties may be waived in the exercise
of an agency's sole discretion as provided in Section 4-302 for
persons who:
(a) are engaged in historical research projects, or
(b) previously have occupied policy-making positions
to which they were appointed by the President.
4-302. Waivers under Section 4-301 may be granted only if
the agency with jurisdiction over the information in the exercise
of its sole discretion:
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(a) determines in writing that access is consistent
with the interests of national security;
(b) takes appropriate steps to protect classified
information from unauthorized disclosure or compromise, and
ensures that such information is safeguarded in a manner
consistent with this order; and
(c) limits the access granted to former Presidential
appointees to items that the person originated, reviewed,
signed or received while serving as a Presidential
appointee.
SECTION 5. IMPLEMENTATION AND REVIEW.
5-1. Oversi ht.
5-101. The National Security Council may review all matters
with respect to the implementation of this Order and shall
provide overall policy direction for the information security
program. The National Security Council will be assisted in this
monitoring function by the Information Security Oversight office.
5-2. Information Security Oversight office.
5-201. The Information Security Oversight Office shall have
a full-time Director appointed by the Assistant to the President
for National Security subject to approval by the President. The
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Assistant also shall have authority to appoint a staff for the
Off ice.
5-202. The Director shall:
(a) oversee agency actions and review agency
implementing regulations to ensure compliance with this
Order and implementing directives;
(b) consider and take action on complaints and
suggestions from persons within or outside the Government
with respect to the administration of the information
security program. Actions taken by the Director under this
subsection may be appealed by affected agencies to the
National Security Council;
(c) develop, in consultation with the agencies, and
promulgate, subject to the approval of the National Security
Council, directives for the implementation of this Order;
(d) report annually to the President through the
National Security Council on the implementation of this
Order;
(e) review requests for original classification
authority from agencies or officials not granted original
.classification authority pursuant to Section 1-2; and
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(f) have authority, consistent with the protective
purposes of this Order, to require each agency to furnish
such reports or information as is necessary to fulfill the
Director's responsibilities.
5-3. General Responsibilities.
5-301. Agencies which originate or handle classified
information shall:
(a) designate a senior agency official to direct and
administer an Information Security Program to include an
active oversight program to ensure effective implementation
of this Order. This program shall familiarize agency and
other personnel who have access to classified information
with the provisions of this Order and implementing
directives and shall impress upon agency personnel their
responsibility to exercise vigilance in complying with this
Order;
(b) establish a process to decide appeals from denials
of declassification requests submitted pursuant to Section
3-4; and
(c) establish procedures to prevent unnecessary access
to classified information, including procedures which
require that a demonstrable need for access to classified
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information is established before initiating administrative
clearance procedures, and which ensures that the number of
persons granted access to classified information is reduced
to and maintained at the minimum number that is consistent
with operational and security requirements and needs.
5-302. Unclassified regulations or guidelines that
establish agency information security policy shall be published
in the FEDERAL REGISTER.
5-4. Sanctions.
5-401. If the Information Security Oversight office finds
that a violation of this Order or any implementing directive may
have occurred, it shall make a report to the head of the agency
concerned so that corrective steps may be taken.
5-402. Officers and employees of the United States
Government shall be subject to appropriate sanctions if they:
(a) knowingly, willfully or negligently disclose
without authorization information properly classified under
this Order or predecessor orders; or
(b) knowingly and willfully classify or continue the
classification of information in violation of this Order or
any implementing directive; or
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(c) knowingly, willfully or negligently violate any
other provision of this order or implementing directive.
Unauthorized disclosure for purposes of this section
includes either a communication or physical transfer of
classified information to an unauthorized person.
5-403. Sanctions may include reprimand, suspension without
pay, removal, termination of classification authority, or other
sanction in accordance with applicable law and agency
regulations.
5-404. Agency heads shall ensure that appropriate and
prompt corrective action is taken whenever a violation under
Section 5-402 occurs.
SECTION 6. GENERAL PROVISIONS.
6-1. Def in it ions.
6-101. "Agency" has the meaning provided at 5 U.S.C.
552(e).
6-102. "Information" as used in this order, includes any
information or material, regardless of its physical form or
characteristics, that is owned by, produced for, by, or under the
control of the United States Government.
6-103. "Classified information" means information that has
been determined pursuant to this Order or predecessor orders to
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require protection against unauthorized disclosure, and that is
so designated.
6-104. Foreign government information means:
(a) Any document, material, or information provided by
a foreign government or governments, an international
organization of governments, or any element thereof with the
expectation, expressed or implied, that this document,
material, or information is to be held in confidence; or
(b) Any information or material produced by the United
States pursuant to or as a result of a joint arrangement,
with a foreign government or organization of governments
requiring that the information, the arrangement, or both be
held in confidence.
6-105. "National security" means the national defense and
foreign relations of the United States.
6-106. "Confidential source" means the identity of any
individual or organization which has provided, or which may
reasonably be expected to provide, information to the United
States on matters pertaining to the national security with the
expectation, expressed or implied, that the information or
relationship or both be held in confidence.
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6-2. General.
6-201. Nothing in this Order shall supersede any
requirement made by or under the Atomic Energy Act of 1954, as
amended. "Restricted Data" and information designated as
"Formerly Restricted Data" shall be handled, protected,
classified, downgraded, and declassified in conformity with the
provisions of the Atomic Energy Act of 1954, as amended, and
regulations issued pursuant thereto.
6-202. The Attorney General, upon request by the head of an
agency, his duly designated representative, or the Director of
the Information Security Oversight Office, shall personally or
through authorized representatives of the Department of Justice
render an interpretation of this order with respect to any
question arising in the course of its administration.
6-203. Executive Order No. 12065 of June 28, 1978, is
revoked as of the effective date of this order.
6-204. This Order shall become effective on
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