PROPOSED EXECUTIVE ORDER ON SECURITY CLASSIFICATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000500030003-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 25
• Document Creation Date: December 16, 2016
• Document Release Date: May 31, 2005
• Sequence Number: 3
• Publication Date: December 30, 1977
• Content Type: MF

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d%: t .pit
MEMORANDUM FOR: Director, OPP
Director, OPEI
Chairman, COMIREX
Chairman, SIGINT Committee
Acting Chairman, Security Committee
SUBJECT: Proposed Executive Order on
Security Classification
1. Attached is the final draft of the proposed
Executive Order to state national policy on security
classification. This draft reflects changes made at
the direction of the PRM-29 Ad Hoc Committee co-chairmen
to accommodate comments on the first formal draft. A
number of those comments were received from the Congress
(particularly from Rep. Preyer) and from public interest
groups, as a result of the President's direction that the
draft Order be made available to interested parties out-
side the Executive Branch. Handwritten changes to the
attached draft were made by the White House staff during
final coordination.
2. Your attention is invited particularly to the
language in section 4(a). of the draft dealing with de-
classification policy. Its inclusion of a required
balancing test for continuing classification beyond the
initial authorized period (normally, 20 years) accords
with suggestions from the DC:[ and from Rep. Preyer for
such a test. The DCI's suggestion, however, was advanced
with a view of trying to retain Executive Branch control
over the subjective process of balancing national se-
curity interests against the public's right to know.
The passive voice construction used in the draft would
appear to put any party to litigation under the Freedom
of Information Act on an equal footing with an agency
head over the question of demonstrating where that
balance lies.
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S'~ff~?~`r troposec1 Lxecutive Order on
Security Classification
3. Request any comments you may have on the
attached, with supporting rationale, be provided this
office as soon as possible but no later than 13 January,
1978.
Attachment
General Counsel, OMB letter of
27 December 1977 with attached
draft Executive Order on "National
Security Information"
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 proved For~eR5/(69I,~JARDWA~gla0f0030003-2
December 27, 1977
Enclosed, in accordance with the provisions of Executive
Order No. 11030, as amended, is a proposed Executive
order entitled "National Security Information."
This proposed order is a revision of the version circu-
lated for comment on September 13, 1977, and entitled
"National Security Information and Material."
That draft order was revised after an extensive review
of all the comments received. The revision is shorter,
but generally structured in the same manner as the
original draft. There are several substantive changes;
therefore, our additional review is solicited.
On behalf of the Acting Director of the Office of Manage-
ment and Budget, I would appreciate receiving any comments
you may have concerning this revised proposed order.
If you have any comments or objections they should be
received no later than Friday, January 20, 1978.
Because this is a revision, it is anticipated that your
review should not take as long as the review of the original
draft; however, inquiries or comments may be submitted
by telephone to Mr. Ronald A. Kienlen of this office
(395-5600).
Sincerely,
Wil iam M. Nichols
General Counsel
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 ?\0w ns5/(?
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NATIONAL SECURITY INFORMATION
By virtue of the authority vested in me by the Constitution of the
United States of America; in order to balance the public's right to government
information with the need to protect some national security information from
disclosure, it is hereby ordered as follows:
TABLE OF CONTENTS
Section Description
1. Definitions . . . . . . . . . . . . . . . . . . . 2
2. Original Classification .. . . . . . . . . . . . . 3
(a) Classification Designation . . . . . . . . . . . 3
(b) General Policy . . . . . . . . . . . . . . . . 3
(c) Classification Requirements . . . . . . . . . . 4
(d) Classification Criteria . . . . . . . . . . . . 4
(e) Prohibitions . . . . . . . . . . . . . . . . . 5
(f) Classification Authority . . . . . . . . . . . 6
(g) Exceptional Cases . . . . . . . . . . . . . . . 8
(h) Limitation on Duration of Classification . . . . 8
(i) Identification and Marking . . . . . . . . . . . 8
3. Derivative Application of Markings . . . . . . . . . 10
4. Declassification . . . . . . . . . . . . . . . . . . 11
(a) General Policy . . . . . . . . . . . . . ... . 11
(b) Declassification Authority . . . . . . . . . . . 11
(c) Authority Over Transferred Information . . . . . 12
(d) Information Originally Classified Under This
Order . . . . . . . . . . . . . . . . . . . . . 12
(e) Information Classified Under Prior Orders . . . 13
(f) Foreign Originated Information . . . . . . . . . 13
(g) Declassification Requests . . . . . . . . . . . 13
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(h) Systematic Review . . . . . . . . . . . . . . . 14
5. Downgrading . . . . . . . . . . . . . . . . . . . . . 15
6. Safeguarding . . . . . . . . . . . . . . . ... . 15
(a) General Controls . . . . . . . . . . . . . . . . 15
(b) Reproduction Controls . . . . . . . . . . . . . 16
(c) Special Access Programs . . . . . . . . . . . . 16
(d) Access by Historical Researchers and Former
Officials . . . . . . . . . . . . . . . . . . . 17
7. Implementation and Review . . . . . . . . . . . . . 18
(a) Oversight Office and Interagency Committee . . 18
(b) Agencies with Original Classification Authority 19
(c) Agencies without Original Classification
Authority . . . . . . . . . . . . . . . . . . . 20
8. Administrative Sanctions . . . . . . . . . . . . 20
9. Atomic Energy Material . . . . . . . . . . . . . . . 21
10. Interpretation of the Order . . . . . . . . . . . . . 21
11. Revocation of Prior Orders and Directives . . . . . . 21
12. Effective Date . . . . . . . . . . . . . . . . . . . 22
Section 1. Definitions.
(a) "Agency" means any executive department, military department,
Government corporation or independent establishment in the executive branch.
(b) "Classified information" is official information which has been
determined by proper authority to require a degree of protection against
unauthorized disclosure in the interest of national security and is so designated.
(c) "Foreign-originated information" means information which has been
provided to the United States in confidence by a foreign government or inter-
national organization of governments (hereinafter referred to as "international
organization"), or an official of either, or produced by the United States
pursuant to a joint arrangement with a foreign government or an international
organization.
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(d) "Intelligence method" means any human, technological, or
other method that is or may be used in the gathering or analysis of
foreign intelligence or foreign counterintelligence and which would
suffer reduced effectiveness if exposed.
(e) "Intelligence source" means any human, technological or
other source from which foreign intelligence or foreign counter-
intelligence is, has been or may be derived and which would suffer
reduced effectiveness if exposed.
(f) "Official information or material" hereinafter referred to as
"information" means that information which is owned by, produced for
or by, or under the control of the United States Government.
Sec. 2. Original Classification.
(a) Classification Designation. Information which requires protection
against unauthorized disclosure in the interest of the national defense
or foreign relations of the United States (hereinafter collectively
termed "national security") shall be classified in one of the three
designations listed below:
(1) "Top Secret" shall be applied to information, the unauthorized
disclosure of which could reasonably be expected to cause exceptionally
grave damage to the national security.
(2) "Secret" shall be applied to information, the unauthorized
disclosure of which could reasonably be expected to cause serious
damage to the national security.
(3) "Confidential" shall be applied to information, the unauthorized
disclosure of which could reasonably be expected to?cause significant
damage to the national security.
(b) General Policy.
(1) In deciding whether information requires classification pursuant
to this Order, the classifying official shall consider both the public's
need for the greatest possible access to information and the national
security need to protect certain information.
(2) If the classifier has reasonable doubt which security classifi-
cation designation is appropriate, or whether the information should be
classified at all, he should designate the less restrictive treatment.
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(c) Classification Requirements. Information shall not be classified
unless an original classification authority determines both: (1) that the
information falls into one or more of the criteria set forth in subsection (d)
below which apply equally to all three authorized classification designations;
and (2) that the disclosure of such information could reasonably be expected
to cause at least significant damage to the national security. It is reasonable
to expect that information provided in confidence by a foreign government or
international organization would satisfy the above-mentioned second step.
(d) Classification Criteria. Trrformation
o mayAbe considered for classification,. its disclosure could reasonably be
expected to:
(1) Make the United States or its allies vulnerable to attack by a
foreign power, or weaken the ability of the United States or its allies to
conduct armed operations or defend themselves, or diminish the military or
operational effectiveness of the United States' armed forces; or
(2) Lead to hostile political, economic, or military action against the
United States or its allies by a foreign power; or
(3) Reveal, in whole or in part, the defense or foreign policy plans or
posture of the United States or its allies; provide a foreign nation with
information upon which to develop effective countermeasures to such plans or
posture; weaken or nullify the effectiveness of a United States military,
foreign intelligence, or foreign counterintelligence plan, operation, project,
or activity of significance to the national security; or
(4) Aid a foreign nation to develop or improve its military capability;
(5) Reveal, jeopardize, or compromise an intelligence source or method, ^-P 4
or a
cryptographic device or system; or
(6) Disclose to other nations or foreign groups that the United States
has, or is capable of obtaining, certain information concerning those nations
or groups without their knowledge or consent; or
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(7) Deprive the United States of a diplomatic, military, scientific,
engineering, technical, economic, or intelligence national security advantage;
or
(8) Create or increase international tensions; cause or contribute to
political or economic instability or civil disorder in a foreign country; or
otherwise significantly impair our foreign relations; or
(9) Disclose or impair the position of the United States or its allies
in international negotiations; or
(10) Disclose the identity of a confidential foreign source of the
Department of State, or of a United States diplomatic or consular post; or
(11) Disclose information or material provided to the United States in
confidence by a foreign government or international organization; or
(12) Significantly diminish the effectiveness of U.S. Government programs
for safeguarding nuclear materials or facilities.
(e) Prohibitions.
(1) No information may be classified to conceal violations of law,
inefficiency, or administrative error, to prevent embarrassment to a person,
organization or agency, or to restrain competition or independent initiative.
(2) Basic scientific research information not directly related to the
national security may not be classified.
(3) A product of independent research and development which does not
incorporate or reveal classified information to which the producer or developer
was given prior access shall not be classified under this Order until and unless
the government acquires a proprietary interest in the information. However,
this Order shall not be construed to impinge upon the provisions of the
Patent Secrecy Act of 1952 (35 U.S.C. 181-188).
(4) References to classified documents which individually, or in
aggregate, do not disclose classified information may not be classified and
may not be used as a basis for classification.
(5) Classification shall not be used to limit dissemination of informa-
tion which is not classifiable under the provisions of this Order, or to
prevent or delay the public release of such information.
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(6) No document shall be classified after an Agency has received a
request for such document under the Freedom of Information Act or the Declassi-
fication Requests provision of this Order [Section 4(g)], unless such document
requires the protection authorized by this Order and such classification is
authorized personally, and in writing, by the head of the Agency concerned.
(7) Classification may not be restored to information already declassi-
fied and released under this and prior Orders.
(f) Classification Authority.
(1) Top Secret. The authority to originally classify information "Top
Secret" may be exercised only by such officials as the President may designate
by publication in the Federal Register, by the Agency heads listed below, and
by officials so authorized in accordance with the provisions of subsection (4)
below:
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General of the United States
The Secretary of Energy
The Chairman, Nuclear Regulatory Commission
The Director, Arms Control and Disarmament Agency
The Director of Central Intelligence
The Administrator, National Aeronautics and Space Administration
The Administrator, General Services Administration (Delegable only to
the Director, Federal Preparedness Agency and to the Director, Information
Security Oversight Office.)
(2) Secret. The authority to originally classify information "Secret"
may be exercised only by such officials as the President may designate by
publication in the Federal Register, by the Agency heads listed below, by
officials who have "Top Secret" classification authority and by officials so
authorized in accordance with the provisions of subsection (4):
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The Secretary of Commerce
The Secretary of Transportation
The Administrator, Agency for International Development
The Director, International Communication Agency
(3) Confidential. The authority to originally classify information
"Confidential" may be exercised only by such officials as the President may
designate by publication in the Federal Register, by the Agency heads listed
below, by officials who have "Top Secret" and "Secret" classification authority
and by officials so authorized in accordance with subsection (4):
The President and Chairman, Export-Import Bank of the United States
The President and Chief Executive Officer, Overseas Private Investment Corporation
(4) Limitations on Delegation of Classification Authority.
(i) The authority for original Top Secret classification may be delegated
by officials designated in writing by the President,and by the Agency heads
listed in subsection (1) above only to principal subordinate officials whoo-r,
the Agency heads determine in writing to have a frequent need to exercise such
authority. Authority so delegated may not be redelegated.
(ii) Officials designated in writing by the President, the Agency heads
listed in subsections (1), (2) and (3) above, and officials with Top Secret
classification authority may delegate their assigned original "Secret" or
wa-at~a^,
"Confidential" authority only to those subordinates sAthey determine in
writing to have frequent need. to exercise such authority. Authority so delegated
may not be redelegated.
(iii) All delegations of original classification authority shall be in
writing by name or title of position held or as prescribed in directives
implementing this Order.
(iv) Delegations of classification authority shall be held to an absolute
minimum. Administrative convenience is not a valid basis for such delegations.
Periodic review of such delegations shall be made to ensure that the officials
so designated have demonstrated a continuing need to exercise such authority.
(5) c-R ec 1alty granted original classifica-
tion authority herein may ft-tS originally classify information under this Order
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unless specifically authorized in writing by the President. Requests to the
President for such authority shall be directed through the Information
Security Oversight Office, established herein. /ppY?vwt of Suc4 vecj..tt t'S
S64.U b~ p"1is6c ++.- $L Fed-r.-- A 1_e'A_s$?
(g) Exceptional Cases. When an emp oyT ee of?an Agency which does not
have authority to originally classify, or a contractor of such an Agency,
originates information which is believed to require classification, the person
or contractor shall protect that information in the manner prescribed by this
Order and implementing directives. The information shall be transmitted
promptly under appropriate safeguards to the Agency having primary interest
in the subject matter and authority to classify, with a request that a
determination be made as to classification. Such requests shall be acted
upon in 30 days. Where such Agency cannot be identified, the information shall
be sent to the Director of the Information Security Oversight Office.
(h) Limitation on Duration of Classification.
(1) All original classification authorities shall, at the time of
original classification, set a date or event for automatic declassification
of the information as early as national security considerations will permit.
Except as permitted in paragraph (2) below, the date shall not exceed six
years from the date of original classification.
(2) Only heads of agencies listed in Section 2(f) and officials with
Top Secret classification authority designated pursuant to this Order may
set a later date or event for automatic declassification or for review to
decide whether the information can be declassified. This date or event shall
be no more than twenty years from the date of original classification of the
information, except that the date for review of foreign-originated information
may be up to 30 years after original classification. For each such classifi-
cation beyond six years, the reason for the longer period must be recorded.
This reason must include an explanation why the classification will continue
to meet the requirements of subsection 2(c) throughout the extended period.
(i) Identification and Marking.
(1) At the time of origination, each classified document shall show on
its face: (i) the identity of the original classification authority;
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(ii) the office of origin; (iii) the date of the document's origin; (iv)
the date or event for declassification or review;A(v) one of the three
classification designations defined herein; an-d (?i' the era4e i
the individual who signs or otherwise authenticates a document or item has
also authorized the classification, no further annotation as to his identity
is required. Ale e@PY Any document classified for more
than six years shall reflect the reason for the prolonged classification and
the identity of the official who authorized it, in accordance with Section 2(h)! f
(2) Markings such as "For Official Use Only" and "Limited Official Use"
shall not be used to identify information requiring protection pursuant to
this Order.
(3) Terms such as "Sensitive," "Conference," or "Agency" shall not be
used in conjunction with classification designations prescribed by this Order;
e.g., "Secret-Sensitive," "Agency Confidential," or "Conference Confidential."
(4) Each classified document shall, by marking or other means, clearly
indicate which portions are classified, with the applicable classification
designation, and which portions are not classified, in order to facilitate
excerpting and other uses. Agency heads may seek a waiver of this requirement
from the Director of the Information Security Oversight Office for limited
classes of information. The Director of the Oversight Office may, for good
cause, grant and revoke such a waiver.
(5) Classified information furnished to the United States by a foreign
government or international organization shall either retain its original
classification designation or be assigned a United States classification
designation. In either case, the classification shall assure a degree of
protection equivalent to that required by the government or international
organization which furnished the information.
(6) Classified documents which contain or reveal information which the
originator has determined is subject to special dissemination and reproduction
limitations shall be clearly marked so as to place the recipient on notice of
the restrictions.
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Section 3. Derivative Application of Markings.
(a) Original classification authority shall not be given to persons who
only reproduce, extract or summarize classified information or who only apply
to information classification markings derived from source material or as
directed by a security classification guide. Persons who apply derivative
classification markings shall (i) respect classifications assigned by originators;
(ii) to the maximum extent practicable verify the current level of classification
of the information prior to applying such markings; (iii) in accordance with
subsections (b)-(e) below, carry forward to any newly created documents the
assigned dates or events for declassification or review and any additional
authorized markings; (iv) identify on the newly created material the original
classifier or other authority for the derivative classification markings applied
by them. The directive implementing this Order will contain language providing
for a single such identification for documents based on multiple classified
sources)
(b) New material which derives its classification from [sow information
classified on or after the effective date of this Order shall be marked with
the date or event for declassification or the date for review assigned to the
source information.
(c) Dates or events for automatic declassification of &waep information
(U.S. or foreign) assigned pursuant to previous Executive orders shall be
carried forward when such dates or events call for declassification of the
source information twenty years or less from its date of origin.
(d) Except as specified in subsection (e) below, new material which is
classified on the basis of previously classified information which bears
no date or event for declassification, or which is marked for declassification
in excess of twenty years from date of origin, shall be marked with a date
for review for declassification which shall be twenty years from the date of
original classification of the source information.
(e) New material classified on the basis of previously classified
foreign originated information which bears no date or event for declassification,
or is marked with dates or events for declassification in excess of 30 years,
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shall be marked with a date for review for declassification which shall be
30 years from the date of original classification of the foreign source
information.
Section 4. Declassification.
(a) General Policy. 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 considerations permit. When information is classified,
decisions concerning declassification or review shall be based on the expected
loss of the information's sensitivity with the passage of time, or an expected
occurrence of an event which would make classification unnecessary. Whenever
information is reviewed, it shall be declassified unless it can be demonstrated
that: (1) disclosure would cause at least significant damage to the national
security in spite of the passage of time;'and (2) the damage to national
security would outweigh the public interest in disclosure.
(b) Declassification Authority. The authority to declassify or
downgrade information classified under this or prior Executive orders shall be
exercised as follows:
(1) Classified information may be declassified or downgraded by the
official who authorized the original classification, by a successor, or by
a supervisory official of either.
(2) Agency heads named in Section 2(f) shall designate additional
officials at the lowest practicable echelons to exercise declassification
and downgrading authority. These officials shall also be authorized by the
Agency heads to resolve conflicts or doubts regarding classification.
(3) The Director of the information Security Oversight Office may
declassify or downgrade information when the Director determines that its
classification violates this Order and in the exercise of his appellate function
pursuant to Section 4(g)(2). The Director shall promptly notify the affected
Agency of such a decision. The decision shall take.effect 20 working days
after such notification unless during that time the head of the affected
Agency appeals the decision to the President through the National Security Council.
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(4) The provisions of this Order relating to the declassification of
national security information shall also apply to agencies which, under the
terms of this Order, do not have current authority to originally classify
information, but which formerly had such authority under prior Executive orders.
(c) Authority Over Transferred Information.
(1) For classified information transferred in conjunction with a
transfer of function pursuant to statute or Executive order -- not merely for
storage purposes -- the receiving Agency shall be deemed to be the originating
Agency for all purposes under this Order.
(2) For classified information not transferred in accordance with
subsection (1) above, 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 down-
graded by the Agency in possession after consulting with any other Agency
having an interest in the subject matter.
(3) Classified information transferred to the General Services
Administration for accession into the Archives of the United States shall be
declassified or downgraded by the Archivist of the United States in accordance
with this Order, the Information Security Oversight Office's directives, and
Agency guidelines.
(4) After the termination of a Presidential administration, the
Archivist of the United States shall have the authority to review and declassify
or downgrade all information classified by the President, his White House staff,
or committees or commissions appointed by him or others acting in his behalf.
This authority shall be exercised only after consultation with the agencies
having primary subject matter interest.
(d) Information Originally Classified Under This Order. Except as
provided in subsection (f) below, information classified on or after the
.ri r*viewee~
effective date of this Order shall be declassifiedAin accordance with the date
or event set pursuant to Section 2(h). Information- not marked with such a
date or event shall be automatically declassified six years after its origina-
tion.
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(e) Information Classified Under Prior Orders. Except as provided
in subsection (f) below, information which was classified before the effective
date of this Order and already marked with a date or event directing declassi-
fication in 20 years or less from date of origin, shall be automatically
declassified in accordance with such date or event unless declassified earlier.
Information not so marked shall be reviewed for declassification in accordance
with subsections (g) and (h) below.
(f) Foreign Originated Information. Foreign originated information shall
be exempt from the automatic declassification and 20 year systematic review
provisions of this Section. Unless declassified earlier, such information shall
be reviewed for declassification 30 years from its date of origin. Such reviews
shall be in accordance with the provisions of Section 4(a) 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.
(g) Declassification Requests.
(1) Except as provided in (2) below, information classified pursuant
to this or prior Executive orders, shall be reviewed for possible declassifica-
tion upon request of any member of the public or government employee or Agency,
provided the request is specific enough for the Agency to locate the information
with reasonable effort. Procedures for processing such requests and appeals
from denials, on the basis of classification, shall accord with procedures
established by agencies to implement the Freedom of Information Act.
(2) Information less than ten years old originated by the President or a
President's White House staff or Committees or Commissions appointed by him or
others acting in his behalf, or information in the possession and control of the
Administrator of General Services pursuant to 44 U.S.G. 2107 or 2107a is
exempted from the provisions of subsection (1) above. Such information over ten
years old shall be subject to declassification review upon the request of a
member of the public, a government employee or an Agency. Such requests and
appeals of denials on the basis of classification shall be processed in accordance
with procedures developed by the Archivist of the United States. Whenever the
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14
Archivist denies an appeal of such a request, the decision may be appealed to
the Director of the Information Security Oversight Office who may order
declassification. In such cases, the Director of the Information Security
Oversight Office shall promptly notify agencies with primary subject matter
interest, which may follow the appeals process set forth in Section 4(b)(3).
(3) Requests for copies of classified documents originated by agencies
of the executive branch, but in the possession and control of the Administrator
of General Services pursuant to 44 U.S.C. 2107 or 2107a, shall be referred by
the Archivist to the Agency of origin for processing in accordance with
subsection (1) above and for direct response to the requester. The Archivist
shall inform requesters of such referrals.
(4) No Agency in possession of a document classified under the provisions
of this Order may, in response to a request made under the Freedom of Information
Act or the Declassification Requests provision of this Order for such document,
refuse to confirm the existence of such document, unless the fact of its
existence would itself be classifiable under this Order.
(h) Systematic Review.
(1) Classified information constituting permanently valuable records of
the Government as defined by 44 U.S.C. 2103 shall be reviewed
for declassification as it becomes 20 years old. Agency heads listed in
Section 2(f) of this Order may extend classification beyond 20 years, but only
in accordance with Sections 4(a) and 4(h)(2). This authority may not be
delegated. When classification is extended beyond 20 years, a date for
declassification or the next review no more than 10 years later shall be set
and marked on the document. Subsequent reviews for declassification shall be
set at no more than 10 year intervals. The Director of the Information Security
Oversight Office may extend the period between subsequent reviews for specific
categories of information.
(2) Within 180 days after the effective date of this Order, the Agency
heads listed in Section 2(f) shall, after consultation with the Archivist of
the United States and review by the Information Security Oversight Office,
issue guidelines for systematic review covering 20-year old classified
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information under their jurisdiction. These guidelines shall state specific,
limited categories of information which, because of their national security
sensitivity, cannot be automatically declassified but must be reviewed item-by-
item to determine whether continued protection beyond 20 years is needed. All
information not identified in these guidelines as requiring review shall be
automatically declassified at the end of 20 years from the date of original
classification. These guidelines shall be authorized for use by the Archivist
of the United States and by Agencies having custody of the information.
Section 5. Downgrading. Information classified under this or prior
Orders and marked for automatic downgrading is downgraded accordingly without
notification to holders. Other information classified under this or prior
Orders, may be assigned a lower classification designation by the originator
or other officials authorized to downgrade or declassify when such downgrading
serves a useful purpose. Notice of such downgrading shall be provided to
holders of the information to the extent practicable.
Section 6. Safeguarding.
(a) General Controls.
(1) No person shall be given access to classified information unless
such person has been determined to be trustworthy and unless access to such
information is necessary for the performance of official duties.
(2) All classified information shall be conspicuously marked to put
all persons on notice of its current classification status and, if appropriate,
to show any special distribution or reproduction restrictions.
(3) Controls shall be established to assure that classified information
is used, processed, stored, reproduced and transmitted only under conditions
which will provide adequate protection and prevent access by unauthorized
persons.
(4) Classified information no longer needed in current working files or
for reference or record purposes shall be destroyed or disposed of in accordance
with the records disposal provisions of Chapters 21 and 33 of Title 44 of the
United States Code.
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(5) Classified information disseminated outside the executive branch
shall, in so far as possible, be given the same protection as that afforded
within the executive branch.
(b) Reproduction Controls.
(1) Top Secret documents shall not be reproduced without the consent
of the originating office, unless otherwise marked by the originating
office.
(2) Reproduction of Secret and Confidential documents may be restricted
by the originating office.
(3) Reproduced copies of classified documents are subject to the
same accountability and controls as the originals.
(4) Records shall be maintained by all reproducing offices to show
the number and distribution of reproduced copies of all Top Secret
documents; all documents covered by special access programs distributed
outside the originating agency; and all Secret and Confidential documents
marked in accordance with Section 2(i)(6).
(5) Subsections (1) and (2) above shall not restrict the reproduction
of documents for the purpose of facilitating review for declassification.
However, such reproductions must be destroyed after they are used.
(c) Special Access Programs.
(1) Agency heads listed in Section 2(f)(l) may create special access
programs to control access, distribution, and protection of particularly
sensitive information classified pursuant to this or prior Orders.
Such programs may only be created or continued by the Agency heads or,
for matters pertaining to intelligence sources and methods, by the
Director of Central Intelligence, personally and in writing. Classified
information in such programs shall be declassified according to the
provisions of Section 4. Special access programs may be created or
continued only on the specific showing that:
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(i) normal management and safeguarding procedures are not sufficient
to limit need-to-know or access;
(ii) 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
(iii) the special access controls balance the need to protect the informa-
tion against the full spectrum of needs to use the information.
(2) All such special access programs shall automatically terminate every
three years unless renewed in accordance with the procedures in this subsection.
(3) Within 180 days after the effective date of this Order, the Agency
heads listed in Section 2(f)(1) shall review all existing special access
programs under their jurisdiction and continue them only in accordance with
the procedures in this subsection. Those. Agency heads shall also establish
and maintain a central list of all special access programs they create or
continue. Those Agency heads and the Director of the Information Security
Oversight Office shall have non-delegable access to all such lists.
(d) Access by Historical Researchers and Former Officials. The require-
ment in Section 6(a)(1) that access to classified information be granted only
as is necessary for the performance of one's official duties shall not apply
to persons outside the executive branch who are engaged in historical research
projects or who have previously occupied policy-making positions to which they
were appointed by the President; provided that the Agency with jurisdiction
over the information:
(1) determines in writing that access is consistent with the interest
of national security;
(2) takes appropriate steps to assure that classified information is
not disclosed by the researcher or published without prior review, declassi-
fication and approval for public release;
(3) takes reasonable action to ensure that access is limited to specific
categories of information over which that Agency has classification jurisdiction;
(4) limits the access granted to the person who occupied a policy-
making position, to items which the person originated, reviewed, signed or
received, while in public office.
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Section 7. Implementation and Review. The National Security Council
shall monitor the implementation of this Order and shall provide overall policy
direction for the information security program.
(a) Oversight Office and Interagency Committee.
(1) Subject to the direction of the President and the National Security
Council, the Information Security Oversight Office is established to assist
the National Security Council in monitoring implementation of this Order. This
Office shall be placed in the General Services Administration. It shall have
a full-time Director appointed by the Administrator of General Services subject
to approval by the President. The Director shall have authority to appoint a
staff. The Director shall:
(i) oversee Agency actions to ensure compliance with this Order and
implementing directives;
(ii) consider and take action on complaints and suggestions from persons
within or without the Government with respect to the administration of the
information security program, including appeals from denials of declassification
requests pursuant to Section 4(g)(2);
(iii) exercise the authority to declassify information provided by
Sections 4(b)(3) and 4(g)(2);
(iv) develop, in consultation with the agencies and, subject to the
approval of the National Security Council, promulgate directives for the imple-
mentation of this Order which shall be binding on the agencies;
(v) report annually to the President through the Administrator of
General Services and the National Security Council on the implementation of
this Order;
(vi) review all Agency implementing regulations and systematic review
guidelines to ensure their consistency with the provisions of the Order. If
the Director finds any regulation or guideline inconsistent with this Order,
he may require it to be changed. The Agency head may appeal such a decision
to the National Security Council, which shall have final decision-making
authority.
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(vii) exercise case-by-case classification authority and review requests
for original classification authority in accordance with Section 2(f)(5);
(viii) have the authority to conduct on-site reviews of the information
security program of each Agency which handles classified information and to
require of each such Agency such reports, information, and other cooperation
as necessary to fulfill the above responsibilities. If such reports, i-nspection,
or access to specific categories of classified information would pose an
exceptional national security risk, the affected Agency head may deny access.
In such a case, the Agency head shall report the decision and the reason to
the National Security Council, which may overrule the decision.
(2) There is also established an Interagency Information Security
Committee which shall be chaired by the Director of the Oversight Office and
shall be comprised of representatives of the Secretaries of State, Defense,
and Energy, the Attorney General, the Director of Central Intelligence, the
National Security Council Staff, the Domestic Policy Staff, and the Archivist
of the United States. Representatives of other agencies may be invited to meet
with the Committee on matters of particular interest to those agencies. The
Committee shall meet at the Chairman's call and shall advise the Chairman on
implementation of this Order.
(b) Agencies with Original Classification Authority. Each Agency
granted original classification authority pursuant to this Order shall:
(1) Prior to the effective date of this Order, submit to the Information
Security Oversight Office a copy of the regulations and systematic review
guidelines it adopts pursuant to this Order and implementing directives.
Subsequent changes to Agency regulations and systematic review guidelines shall
also be forwarded to the Oversight Office.
(2) Publish in the Federal Register those unclassified regulations and
systematic review guidelines or changes thereto which affect the general public.
(3) Designate a senior Agency official to conduct an active oversight
program to ensure effective implementation of this Order.
(4) 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.
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(5) Establish a process to decide appeals from denials of declassifica-
tion requests, pursuant to Section 4(g).
(6) Establish an on-going program to familiarize Agency personnel and
others with access to classified information with the provisions of this Order
and implementing directives. There shall also be established and maintained
an active security orientation and education program for such personnel in
order to impress upon each individual his or her responsibility for exercising
vigilance and care in complying with the provisions of this Order and to
encourage him or her to challenge classification decisions where they believe
them to be improper.
(7) Ensure the preparation and promulgation of security classification
guidance adequate to facilitate the identification and uniform classification
of information requiring protection under the provisions of this Order.
(8) Develop and promulgate systematic review guidelines in accordance
with Section 4(h)(2).
(9) Take necessary action to ensure that:
(i) a demonstrable need for access to classified information is
established prior to the initiation of administrative clearance procedures, and
(ii) the number of people granted access to classified information is
reduced to and maintained at the minimum, consistent with operational require-
ments and needs.
(10) Ensure that safeguarding practices are continuously reviewed and
eliminate those which are duplicative or unnecessary.
(11) 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.
(c) Agencies without Original Classification Authority. Each Agency
which has not been granted original classification authority but which handles
classified information shall comply with subsections (b)(3), (4), (6), (9),
(10) and (11) above.
Section 8. Administrative Sanctions.
(a) Any officer or employee of the United States who knowingly and
willfully classifies or continues the classification of information in violation
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of this Order or any implementing directiv ; or knowingly and willfully and
without authorization, discloses ,? information or compromises
classified information through negligence; or knowingly and willfully violates
any other provision of this Order or implementing directive which the head of
an Agency determines to be a serious violation, shall be subject to appropriate
administrative sanctions. In any case in which the Oversight Office finds that
a violation has occurred, it shall make a report to the head of the Agency
concerned so that corrective steps may be taken and appropriate sanctions imposed.
(b) Sanctions may include reprimand, suspension without pay, removal,
termination of classification authority, or other sanction in accordance with
applicable law and Agency regulations.
(c) Agency heads shall make provision to ensure that appropriate and
prompt corrective administrative action is taken whenever a violation under
subsection (a) occurs and that both the Information Security Oversight Office
and the Department of Justice are notified immediately of any case in which a
violation of the criminal law may be involved.
Section 9. Atomic Energy Material. Nothing in this Order shall superZede
any requirements 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 such Atomic Energy Act and the regulations
of the Department of Energy under that Act.
Section 10. Interpretation of the Order. 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.
Section 11. Revocation of Prior Orders and Directives. Executive Order
No. 11652 of March 8, 1972, as amended by Executive Order No. 11714 of
April.24, 1973, and No. 11862 of June li, 1975, and the National Security
Council Directive of May 17, 1972 [3 C.F.R. 1C8 5 (1971-75 Comp.)] are revoked.
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Section 12. Effective Date. This Order shall become effective on
, except that the functions of the Information Security Oversight
Office specified in Section 7(a)(l)(iv) and 7(a)(1)(vi) shall be effective
immediately and shall be performed in the interim by the Interagency Classifica-
tion Review Comm i tteeAr4ct" %(xA P-ArStA .. 1% ~aC~Gt.~,~v-r~. OftUV 11W7.-
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