EXECUTIVE ORDER 12065: IMPLEMENTING DIRECTIVE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP94B01041R000300010001-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 59
• Document Creation Date: December 12, 2016
• Document Release Date: July 18, 2001
• Sequence Number: 1
• Publication Date: July 13, 1978
• Content Type: MF

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13 July 1978
STATINTL MEMORANDUM FOR:
sistant for Information, DDA
of Security, DDA
Director of Central Reference,
Policy & Coordination Staff,
al Assistant, DDS&T
Security Committee
Office ot enera ounsel
SUBJECT : Executive Order 12065: Implementing Directive
1. Attached is a 12 July 1978 draft of a directive to
im 1F ement Executive order 32Q This draft is the product of
an informal working group coordinated by NSC to provide a
framework from which to begin a more formal review of the
requirements of the Order. Attached also are additional
recommendations prepared by DoD that were considered at a recent
meeting and incorporated in part into the draft.
2. I would appreciatour re~i~es,~_of the attached, keeping
in mind that we may recommend additional language, as well as
comment on the draft as now written. It will be obvious to you
that the draft is lacking in many respects. For example, there
are some provisions in the Executive order which are not, but
should be, addressed in this directive. if you have any specific
recommendations, please prepare some language suitable for
inclusion into the next version of the draft and the justifications
therefor.
3. I have scheduled a meeting for Friday, 28?r,,7uly_J.9,8, in
the DDS&T Conference Room, 6 E 60, from 2 to 5 P.M. At that
meeting I expect we shall consider any specific recommendations
and attempt to reach an informal consensus at the working level
so that this office may recommend further amendments prior to
the directive's formal coordination by NSC. Since this will be
essentially a mark-up session, only specific recommendations
need be in writing.
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en or official review. Thank you very muc
fnr vn>r
4. For your information, i intend to be out of the office
until the 28th. If you have or comments
that time, please call ave an prior t~TATINTL
of this Office at
extension Let me remind you also that the Agency is
expected to have at least one more opportunity to make furtherSTATINTL
changes or recommendations before the NSC circulates the directive
around the Governm t f
STATINTL Attachments
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 Security Information," dated June 28, 1978
accordance with the following:
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I
NATIONAL SECURITY COUNCIL
DIRECTIVE
CONCERNING
NATIONAL SECURITY INFORMATION
The President has directed that Executive Order 12065 "National
I. ORIGINAL CLASSIFICATION
of national security, a specific degree of protection against unauthorized
disclosure coupled with a designation signifying that such a determination
has been made.
July 12, 1973
be implemented in
A. Definition. "Original classification" as used in the order means an
initial determination that official information requires, in the interest
B. Authority to Classify. In the absence of an authorized classifier
the person designated to act in his/her absence may exercise the classifier's
authority.
C.- Bequest for Classificat-ion Authority...Requests. or original classifi-
be submitted to the President through the Information Security Oversight
Office. Requests shall include: (1) the designation of the official or
position for which authority is sought; (2) the level of authority
requested; and (3) justification for the granting of authority to include
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cation authority to-Agencies not listed.in--Section-I-2 of the Orden shall
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the type of information originated by the Agency which requires original
classification and an estimate of the number of original classification
actions which the Agency will initiate annually.
D. Record Requirements. Agencies granted original classification
authority pursuant to Section 1-2 of the Order shall maintain a
current listing, by classification designation, of officials or positions
designated in writing as original classifiers. If the listing of the
names of officials having classification authority discloses intelligence
information, the agency may, with the approval of the Director of the
Information Security Oversight Office, establish some other means by which
such officials can be readily identified.
E. Classification Procedure. Original classification is a two-step
procedure. Every original classification must include, first, a
determination that the information concerns one or more of the cate-
gories of subject matter described in or designated pursuant to Section
1-301 of the Order; and second, a determination that disclosure of the
information reasonably could be expected to result in one of the three
categories of damage described in Section 1-1 of the Order. The
determination involved in the first"step is separate and distinct from
that of the second. The fact that the information falls under one- or-
more- of the qualifying categories shall not be presumed to mean. that
the information automatically meets the damage criteria.
F. Standard Identification and Markings. Information originally
classified pursuant to the Order shall, at the time of origin, be
marked as follows:
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(1) Date of Classification and Office of Origin. A date and office
of origin on a document at the-time of its origination in compliance
with agency standards and procedures prescribed for preparation of such
documents is deemed to be the date of classification and identification
of the office of origin of classification of any originally classified
(2) Identity of Classifier. The identity of the classifier, unless
also the signer or approver of the document, shall. be shown on a "classi-
fied by" line, e.g., "classified by (John Doe)" or classified by
"Director, XXX."
(3) Date or event for Declassification or Review. The date for auto-
matic declassification or for declassification review shall be shown on a
"declassification on" or a "review for declassification on" line, e.g.,
"declassify on 1 November 1984," "declassify on Completion of State Visit,"
or "review for declassification on 1 November 1998."
(4) Identity of Extension Authority. The identity of the official who
authorized a date for declassification or for review for declassification
that is more than six years beyond the date of the document's classification
shall be shown on the document unless the extension authority also is the
classifier, signer or approver of the document. This marking shall be
shown substantially as follows: "Extended by (insert name or title of
position of"agency head. or TS authority)."
(5) Reason for Extension. Agency regulations shall establish criteria
for determining whether classification may be extended beyond six years.
The reason for extension may be shown on documents by citing the part of the
agency regulation which states the applicable criterion, substantially as
follows A} rgvL!Idv d plea4ttu'MLOI%tgS1fdAbRL)P,94 1 1LR0P93ggQ~QqO'lfgtrulation) ."
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(6) Mandatory Portion Marking. Classifiers shall, through marking
or other means, identify (a) the level of classification of each classi-
fied portion of a document, and (b) those portions which are not classi-
fied. Portion marking shall be parenthetical and shall be placed so as
to immediately precede or follow the text of each respective portion.
The symbols "(TS)" for Top Secret, "(S)" for Secret, "(C)" for Confiden-
tial, and "(U)" for 'Unclassified shall be used for this purpose. When
individual portion marking is clearly impracticable, classifiers may,
through the use of a conspicuous notation on the document specify the-
classification level of the various information elements in the document.
Each portion need not be separately marked if all portions of a classified
document are classified at the same level and a statement to that effect
is included in the document. A specific waiver of the portion marking
requirement may be granted by the Director of the Information Security
Oversight Office. Requests for such waivers shall be made by the head
of an agency to the Director together with (a) specific identification
of the information for which such waiver is sought, and (b) detailed ex-..
planation of why the agency should not comply with the marking require-
ment, and (c) the agency's best judgment as to the anticipated dissemina-
tion of the information, and the extent that the information may form
a basis for classification of other documents.
(7) Overall and Page Marking of Documents. The overall classifi-
cation of a document, whether or not permanently bound, or any copy or
reproduction thereof, shall be conspicuously marked, stamped, or per-
manently affixed at the top and bottom of the outside of the front cover
(if any), on the title page (if any), on the first page, and on the
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outside of the back cover (if any). Each interior page of a classified
document shall be conspicuously marked or stamped at the top and bottom
either (a) according to the highest classification of the content of the
page, including the designation "Unclassified" when appropriate or (b) in
special situations (e.g. the marking of voluminous printed documents) the
highest overall classification of the document. In the latter case, portion
marking of each page shall take precedence over page marking.
(8) Subjects and Titles. Whenever possible, subjects and titles shall
be selected so as not to require classification. Classification status of
subjects and titles of classified documents shall be identified by use of
the parenthetical symbols shown in (6) above. When the subject or title is
classified, an unclassified identifier may be assigned to facilitate
receipting and reference purposes.
(9) Material Other Than Documents. The classification and associated
markings prescribed by this Directive for material other than documents
shall, where possible, be conspicuously affixed to the material by stamping,
tagging or other means. When such is not possible, recipients shall be
made aware of the classification and associated markings by notification
or other means as prescribed by Agency regulations.
(10) Transmittal Documents. A transmittal document shall indicate on
its face the highest... classification- of the information transmitted by it,
and the classification, if any, of the transmittal document, standing alone.
For example, an unclassified transmittal document should bear a notation
substantially as follows: "UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE IS DETACHED."
(11) Downgrading Markings. Whenever it is determined that automatic
downgrading of an assigned classification designation will serve a useful
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purpose, the date for taking such action shall be shown on the face of the
document containing the information, e.g., "Downgrade to Secret on 1 November
1990" or "Downgrade to Confidential on 1 December 1985".
G. Additional Markings Required. In addition to the foregoing marking
requirements, the following markings shall be prominently displayed on
classified information, as appropriate to its contents as prescribed below.
When display of these additional markings if not feasible, their appli-
cability to the information shall be included in the written notification
of the assigned classification.
(1) Restricted Data. For classified information containing Restricted
Data as defined in the Atomic Energy Act of 1954, as amended:
"RESTRICTED DATA"
"This document contains Restricted Data
as defined in the Atomic Energy Act of
1954. Its dissemination or disclosure
to any unauthorized person is prohibited."
(2) Formerly Restricted Data. For classified information containing
Formerly Restricted Data, as defined in Section 142 d., Atomic Energy Act
of 1954, as amended, but containing no Restricted Data:
"FORMERLY RESTRICTED DATA"
"Unauthorized disclosure subject to adminis--
trative and criminal., sanctions-. Handle as.
Restricted Data in foreign dissemination.
Section 144b., Atomic Energy Act, 1954."
(3) Intelligence Sources the Methods Information. For classified
information on sensitive intelligence sources or methods:
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(4) Dissemination and Reproduction Notice. For classified infor-
mation which the originator has, pursuant to Section 1-506 of the Order,
determined should be subject to special dissemination and reproduction
limitations, a statement substantially as follows shall be included in
the document or on its cover sheet:
"Reproduction controlled by originator or higher authority.
Dissemination controlled by addressee."
Reproduction of all or portions of the information contained in documents
so marked is prohibited without authorization of the originating office.
or higher authority. Further dissemination within the receiving agency
is restricted to persons authorized by the addressee. Other notations
of restrictions on reproduction, dissemination or extraction of classi-
fied information, e.g., markings to indicate information falls within
a special access program, may be prescribed by Agency regulations.
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I
Ii. DERIVATIVE APPLICATIONS OF CLASSIFICATION MARKINGS'
A. Definition. "Derivative classification" as used in the Order
means a determination by any individual responsible to do so that
official information is in substance the same as information known by
that person to be already classified or identified by the government as
Top Secret, Secret or Confidential and designates it accordingly.
B. Responsibility. Derivative application of classification markings
is a responsibility of those who incorporate, paraphrase, restate, or
generate in new form, information which is already classified or those who
apply markings in accordance with guidance from an authorized classifier.
Persons who apply derivative classifications should take care to
determine whether their paraphrasing, restating or summarizing of
classified information has removed all or part of the basis for
classification. Where checks with originators or other appropriate
inquiries show that no classification or a lower classification than originally
assigned is appropriate, the information shall be marked accordingly.
C. Marking Derivatively Classified Documents. At the time they
are originated, paper copies of derivatively classified documents shall
be marked as follows:
1 The classification authority shall be shown on a "Classified
by" line, e.g., "Classified by (Identity of Classification Guide)" or
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"Classified by (Source of original classification)." In the latter example,
if the classification is derived from more than one source, the single
phrase, "multiple sources, " may be shown provided that identification
of all such sources is maintained with the file or record copies of the
document.
(2) The identity of the office originating the derivatively
classified document will be shown on the face of the document.
(3)
Dates or events for declassification or review will be carried
forward from the source material or classification guide and shown on a
"Declassify on" or "Review for Declassification on." line. In the case
of information classified on the basis of multiple sources, the most
restrictive of the declassification dates applicable to the various
source material used shall be applied to the new information.
(4) Any special notation appearing on the .source material, e. g-,
special access restrictions, Restricted Data or Formerly Restricted
Data, shall be carried forward to the new material when appropriate.
(5) Overall, page and portion classification marking requirements-
prescribed for originally classified-documents in. Section I. F. to} and (7)
are also applicable to derivatively classified documents.
III. CLASSIFICATION GUIDES
A. Guidance Requirements. Classification guides promulgated shall:
(1) Identify the information elements to be protected, using cate-
gorizatio~p~ ~~ b r- 94 c e4 g0Q0oo're that the
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information involved can be readily and uniformly identified;
(2) State which of the classification designations (i. e., Top Secret,
Secret, or Confidential) apply to the identified information element;
(3) State the duration of each such specified classification in
terms of a period of time or future event. When such duration is to exceed
six years, the specific reason for such extension shall, unless classified,
be provided in the guidance in accordance with the provisions of Section
1-502 of the Order. Classified reasons shall be included on the record
copy of the guidance.
B. Review and Report Requirements. All classification guides shall be
reviewed for currency and renewed or revised on an annual basis. A
master list of all classification guides issued by each Agency listed in
Section 1-2 of the Order shall be maintained at a central point in that Agency.
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A. Record Requirements. Rosters shall be maintained of officials
designated as declassification authorities pursuant to Section 3-103 of
the Order. These rosters shall be subject to review.by the Information
Security Oversight Office.
B. Earliest Possible Declassification. Original classifiers may specify-
declassification dates or events at the limit of their authority (specified
in Section 1-4 of the Order) only where a specific: determination has been
made that earlier declassification should not be accomplished.
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C. Systematic Review for Declassification
(1) Systematic Review Guidelines
a. U. S. Originated Information. Heads of Agencies listed in
Section 1-2 of the Order, heads of Agencies which had classification authority
under previous Executive Orders, and officials designated by the President
pursuant to Section 1-2 of the Order shall ensure that systematic review
guidelines for 20-year-old information are prepared and promulgated after
consultation with the Archivist of the United States and otherwise in
accordance with Section 3-402 and 5-402 of the Order. Systematic Review
Declassification guidelines shall be kept current. They shall be reviewed
at least every other year and revised as necessary unless earlier review for
revision is requested by the Archivist of the United States,. Each Agency shall
furnish .a copy of its declassification guidelines and revisions thereto to the
Information Security Oversight Office for review.
b. Foreign Government Information. In consultation with the
Archivist of the United States and, when appropriate, with foreign governments
or international organizations, heads of agencies shall develop and promulgate
systematic review guidelines covering foreign government information. These
guidelines shall be promulgated not later than one year after the effective date
r
of the Order and shall be kept current through review by concerned agency heads
every other- year unless. earlier review for revision is requested by the Archivist
of the United States.. A copy of the foreign. government information.gu,delines-
and any revisions thereto shall be furnished to the Information Security
Oversight Office. The Department of State will provide advice and such
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assistance as is necessary to effect foreign government coordination of
the guidelines.
(2) Systematic Review Procedures
a. Action on 20-year-old material. To conserve Government
resources devoted to the systematic review of 2O-year-old information and to achie
more effective declassification, only material constituting the permanently
valuable records of the Government, in accordance with 44 U.S.C. 2103, shall. be
subjected to systematic review for declassification. Within 60 days of the
effective date of the Order heads of agencies and officials designated by the
President pursuant to Section 1-2 of the Order shall direct that all security
classified records 20 years old or older, whether held in storage areas by
the agency or in Federal records centers be surveyed to identify those that
require scheduling for future dispostion. Such scheduling must be accomplished
within two years of the effective date of the Order.
b. Extending Classification After Review. Only the head of an
agency that orignated the information, or of an agency which is the successor
to a defunct agency that originated the information, or of an agency of primary
interest, or an official designated by the President pursuant to Section 1-2
of the Order, is authorized to extend the classification of U. S. originated
information beyond 20 years. Only the mead of an Agency with primary interest
is authorized to extend the classification of foreign-government information
beyond 30 years. This authority may not be delegated, but the senior agency
official responsible for the Information Security program may be assigned
responsibility for the performance of administrative functions necessary to
effect the extension of classification beyond 20 years or beyond 30 years
as the case may be.
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c. Assistance to the Archivist. The head of each Agency shall
designate experienced personnel to assist the Archivist of the United States
in the systematic review of 20-year-old U. S. originated information and
30-year-old foreign information. Such personnel shall:
i. Provide guidance and assistance to National Archives
employees in identifying and separating documents and specific categories of
information within documents which are deemed to required continued classi-
fication; and
ii. Develop reports and lists for submission to the head of
the Agency which identify the documents and categories of information so
separated, with recommendations concerning dontinued classification.
The head of the Agency will then make the determinations required under
Section 3-401 of the Order as to which documents and categories of information
require continued protection personally and in writing to the Archivist of
the United States. Included in the determinations will be a specification of
the dates on which such documents and categories of information shall be
automatically declassified or reviewed again.
(3) Waivers of Further Review
Heads of Agencies listed in Sp-ction 1-2 and officials designated
by the President pursuant to Section 1-201 of.the Order may request a waiver
of the ten-year review requirement from the Director of the Oversight Office.
Such requests shall include personal certification by the Agency head that the
classified information for which the waiver is sought was systematically
reviewed as required, that a definitive date for declassification could not
then be determined, and that the results of the review established an identifiable
need to retain continued classification for a period in excess of twenty
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additional years and a recommendation on the period before the next required
(4) Foreign Relations Series
In order to permit the editors of Foreign Relations of the United
States to meet their mandated goal of publishing twenty years after the event,
heads of departments and agencies are requested to assist the editors in the
Department of State by facilitating access to appropriate classified materials
in their custody and by expediting declassification review of items from
their files selected for publication.
D. Procedures for Mandatory Declassification Review
(1) Action on an Initial-Request
Each agency shall designate in its implementing regulations,
that are published in the Federal Register, an office to which requests for
mandatory review for declassification may be directed.
a. General Provisions. In addition to the provisions of Section
3=-5 of the Order, the following procedures apply to mandatory review requests:
i. The designated office shall promptly acknowledge
to a requestor the receipt of the request.
ii. Whenever a request does not reasonably describe the
information sought or involves a large number of individual documents
=originated by.numerous classifying authorities and requiring extensive"
coordination for review, the requestor shall be asked to provide additional
information or to narrow the scope of the request. If thereafter the requestor does
not describe the information sought with sufficient particularity, or does not
narrow the scope of the request, he shall be notified that no review will be
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b. Information in the custody of and under the e%clusive
declassification authority of an agency. The designated office shall
determine whether, under the declassification provisions of Section 3-3 of
the Order, the requested information may be declassified and shall promptly
notify the requestor of the determination and make the infc.tion available.
If the in remains classified in whole or in part, the requestor
shall be given a brief statement as to the reasons for t1-' continued classification
and a notice that he has the right to appeal the determination to a designated
agency appeal authority (including name, title, and addres of such alzthvr ty
and that such an aPpaa{t be filed with the agency w3,thin 60 days. in order to
be considered.
c. Information Classified b Agencies Other Than The Custodial
A enc When the designated office receives a request for information in
a
document which is in the custody of its agency but which was classified by
another agency, that office shall refer the request to the designated office
of the classifying agency, together with a copy of the document containing
information requested and shall notify the requester of the referral. the
The
designated office of the reviewing agency shall review the document in
coordination with any other classifying agencies. Where appropriate that
office shall then respond.. to the request in accordance with the pertinent
procedures described above and, if requested, shall notify the designated office.
of the referring agency of its determination.
d. Action on Appeal. The head of an agency, or his designee,
shall establish procedures to act within 30 days upon all appeals of denials
of
requests for declassification.
In accordance with those procedures the
agency shall determine whether continued classification is
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or in part and shall notify the requester of the determination and make
available any authorization determined to be releasable. If continued
classification is required under the provisions of Section 3-3 of the Order,
the requester shall be notified of the reason therefor. If requested the
agency shall also promptly communicate the appeal determination to any
referring agency.
E. General Procedures for Changing Classification
E. Challenges to Classification. Agency programs established to im-
plement the Order shall encourage holders of classified information to
challenge the classification in cases where there is substantial reason
to believe that the information is classified unnecessarily or that overly
restrictive periods for continued classification have been assigned.
These programs shall provide for action on Bach challenges or appeals
relating thereto within thirty days of receipt and for notification to
the challenger of the results. When requested, anonymity of the challenger
shall be preserved.
( 2~ Changes in Level or Duration of Classification
(.I(3) Upgrading of Classification. The upgrading of classified
information to a higher level than previously determined is permitted
if (i)_ all known holders of the information can be! notified promptly
and (ii) all known holders of the information are authorized access
to the higher level of classification, or, the information can be re-
trieved from all known holders of the information not authorized access
to the contemplated higher level-of classification.
Extension of Duration of Classification. The duration of
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classification specified at the time of original classification may be
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extended by officials with requisite authority but only if notification
of such action can be received by all known holders of the information
prior to the date or event previously set for declassification.
() Notification. Notification of unscheduled downgrading, upgrading
or change in duration may be by general rather than personal notice so
long as the general notice is designed to achieve the intended result.
(!} Posted Notice. If prompt remarking of :Large quantities of infor-
mation would be unduly burdensome, the custodian may attach declassification,
downgrading, or upgrading notices to the storage unit in lieu of the re-
marking action otherwise required. Each notice shall indicate the change,
the authority for the action, the date of the action and the storage
units to which it applies. Items withdrawn from such storage units shall
be promptly remarked in accordance with the marking provisions herein.
However, when information subject to a posted downgrading, upgrading or
declassification notice is withdrawn from one storage unit solely for
'transfer to another, or a storage unit containing such information is
transferred from one place to another, the transfer may be made without
remarking if the notice is attached to or remains with each shipment.
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A. General. Information classified pursuant to this or prior Orders
shall be afforded a level of protection against unauthorized disclosure
commensurate with the level of classification and with its movement or
transmission, storage, dissemination, use, and destruction.
B.. Access Limitations. Access to classified information shall be granted
only in accordance with the following:
(1) Determination of Trustworthiness. A person is eligible for
access to classified information only if the person's reliability and
trustworthiness are such that permitting the person access to classified
information is clearly consistent with the national. interest. This deter-
mination shall be made based on appropriate investigation as determined
by the heads of Agencies in accordance with the standards and criteria
f apglicable? Executive-orders:
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(2) Determination of Need-to-Know. Subsequent to the determina-
tion of trustworthiness, classified information shall not be made avail-
able to a person unless the possessor of the classified information
establishes in each instance except as provided in Section 4-3 of the
Order that access is essential to the accomplishment of official Govern-
ment duties or contractual obligations.
(3) Access by Historical Researchers and Former Presidential
Appointees. If the access requested by historical researchers and former
Presidential appointees requires the rendering of set-vices for which fair
and equitable fees may be charged pursuant to Title 5 of the Independent
Offices Appropriations Act, 1952, 65 Stat. 290, 31 U.S.C. 483a, the requester
shall be so notified and the fees may be imposed. Agencies shall obtain
the requester's written agreement to safeguard the information to which
he is given access as required by the Order and implementing Directives
and written consent to review of his notes and manuscript for the purpose
of determining that no classified information is contained therein.
C. Dissemination
(1) Consent of Originating Agency to Dissemination by Recipient.
Except as otherwise provided, by Section 102 of the National Security Act of
1947, 61 Stat 495, 50 U.S.C. 405, classified information or material
originating in one agency shall not be disseminated outside any other
agency to which it has been made available without the consent of the
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originating agency. The Department of Defense shall be considered
as one agency in applying the foregoing rule.
(2) Dissemination of Intelligence Information. Information or
material bearing the marking "WARNING NOTICE - SENSITIVE INTELLIGENCE
SOURCES AND METHODS INVOLVED" shall not be disseminated in any manner
outside authorized channels without the permission of the originating
Agency and an assessment by the senior intelligence official in the
disseminating Agency as to the potential risks to the national security
and to the intelligence sources and methods involved.
D. Accountability Procedures
(1) Stringent controls shall be placed on information
classified Top Secret.
a. Top Secret Control Officers. Top Secret Control
Officers shall be designated, as required, to receive, maintain current
accountability and access records of, and dispatch Top Secret material.
b. Physical Inventory. A physical inventory of all Top
Secret material shall be made at least annually. However, heads of Agencies
may authorize the annual inventory of Top Secret information in re-
positories, libraries or activities which store large volumes of sacIr-
information to be limited to documents to which access has been afforded
within the past twelve months.
Secret and Confidential
(2) Current Accountability. /classified information shall be
subject to such controls and current accountability records as the
head of the Agency may prescribe.
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E. Storage. Classified information may be stored only where
there are facilities or under conditions adequate to prevent un-
authorized persons from gaining access to it.
(1) Storage of Top Secret. Top Secret information shall be
stored in a safe-type steel file cabinet having a built-in, three-
position dial type combination lock or in a safe-type vault, or vault-
type room secured by a comparable lock, or in other storage facility which
meets the standards for Top Secret established under the provisions of
(3) below. In addition, heads of Agencies shall prescribe such additional,
supplementary controls as are deemed appropriate to restrict unauthorized
access to areas where such information is stored.
(2) Storage of Secret or Confidential. Secret and Confidential
information may be stored in a manner and under the conditions prescribed
for Top Secret information, or in a container or vault which meets the
standards for Secret or Confidential, as the case may be, established
pursuant to the provisions of (3) or (4) below.
(3) Standards for Security Equipment. The General Services
Administration shall, in coordination with Agencies originating classified
information establish and publish uniform standards, specifications and
supply schedules for containers,,. vaults, alarm systems and associated security
devices suitable for the storage and protection of all categories of
classified information. Any agency may establish for use within such agency
more stringent standards. Whenever new security equipment is procured,
it shall be in conformance with the foregoing standards and specifications
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and shall, to the maximum extent practicable, be of the type designated
on the Federal Supply Schedule, General Services Administration.
(4) Exception to Standards for Security Egui ment. As an exception
to (3) above, Secret and Confidential information may also he stored in
a steel filing cabinet having a built-in, three-position, dial-type
changeable combination lock, or a steel filing cabinet equipped with a
steel lock bar, provided it is secured by a padlock approved by GSA for
the purpose. The storage of Secret information in a steel filing cabinet
equipped with a steel lock bar, requires the use of such supplementary
controls as the head of the Agency deems necessary to achieve the degree
of protection warranted by the sensitivity of the information involved.
(5) Combinations
a. Equipment in Service. Combinations to dial-type locks
shall be changed only by persons having appropriate security clearance,
and shall be changed whenever such equipment is placed in use, whenever a
person knowing the combination no longer requires access to the combination,
whenever a combination has been subjected to possible compromise, at least
once every year and whenever the equipment is taken out of service.
Knowledge of combinations protecting -classified information shall be
.limited to the minimum number of persons necessary for operating purposes.
Records of combinations shall be classified no lower than the highest level
of classified information to be stored in the security equipment concerned.
b. Equipment Out of Service. When taken out of service,
security equipment having built-in combination locks shall be reset to
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the standard combination 50-25-50. Combination padlocks shall be reset
to the standard combination 10-20-30.
(6) Keys. Heads of Agencies shall establish administrative
procedures for the control and accountability of key's and locks whenever
key-operated high security padlocks are utilized. The level of protection
provided such keys shall be equivalent to that afforded the classified
information being protected. Under no circumstances shall-keys be removed
from the premises or stored except in a secure container.
(7) Responsibilities of Custodians. Persons entrusted with
classified information shall be responsible for providing protection and
accountability for such information at all times and particularly for
locking classified information in approved security equipment whenever
it is not in use or under direct supervision of authorized persons.
'Custodians shall follow procedures which insure that unauthorized persons
do not gain access to classified information by sight or sound.
(8) Inspections. Individuals charged with the custody of classified
information shall conduct the necessary inspections within their areas
to ensure adherence to all procedural safeguards prescribed to protect
classified information. In addition, Agency security officers shall
ensure that-periodic inspections are scheduled to ensure that procedural
safeguards prescribed by Agency regulations are taken to protect classified
information at all times.
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G. Transmission
(1) Preparation and Receipting. Classified information shall
be enclosed in opaque inner and outer covers before transmitting. The
inner cover shall be a sealed wrapper or envelope plainly marked with the
assigned classification and addresses of both sender and addressee.
The outer cover shall be sealed and addressed with no identification of
the classification of its contents. A receipt shall be attached to or
enclosed in the inner cover, except that Confidential information shall
require a receipt only if the sender deems it necessary. The receipt shall
idenify the sender, addressee, and the document, but shall contain no
classified information. It shall be signed by the recipient and returned
to t.e sender.
(2) Transmission of Top Secret. The transmission of Top Secret
information shall be effected preferably by oral discussion in person.
between the officials concerned, in an appropriately secure area. Otherwise
the transmission of Top Secret information shall be by specifically designated
personnel, by State Department diplomatic pouch, by a messenger-courier
system especially created for that purpose, over authorized communications
circuits in encrypted form or by other means authorized by the National
Security Council.
(3) Transmission of Secret. The transmission of Secret material
shall be effected in the following manner:
a. The Fifty States, District of Columbia, Puerto Rico.
Secret information may be transmitted within and between the fifty States,
District of Columbia and Puerto Rico by one of the means authorized for
Top Secret rR@6oMAt n, oy h 04J1ri9 /Od9 S RDP 5~01LO ervic 000e000tered mail
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and by protective services provided by the United States air or surface
commercial carriers under such conditions as may be prescr hed by the
head of the Agency concerned.
b. Other Areas, Vessels, Military Postal Services, Aircraft.
Secret information and material may be transmitted from, to or within areas
other than those specified in a, above, by one of the means established
for Top Secret information and material or; by United States registered
mail through Army, Navy or Air Force Postal Service! facilities provided
that the material does not at any time pass out of United States citizen
control and does not pass through a foreign postal system. Transmission.
outside such areas may also be accomplished under escort of appropriately
cleared personnel aboard United States Government and United States Govern-
ment contract, vehicles, aircraft, ships of the United States Navy, civil
service manned U. S. Naval ships and ships of U. S. Registry, Operators of
vehicles, captains or masters of?vessels and pilots of aircraft, who are
United States citizens and who are appropriately cleared, may be designated
as escorts.
c. Canadian Government Installations. Secret information may
be transmitted to and between United States Government and Canadian Government
installations in'the fifty States, the District of Columbia and Canada by
United States and(hnadia registered mail with registered mail receipt.
(4) Transmittal of Confidential. Confidential information and
material shall be transmitted within the forty-eight contiguous states and
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the District of Columbia, or wholly within Alaska, Hawaii, the Common-
wealth of Puerto Rico, or a United States possession, by one of the means
established for higher classifications, or by certified or first class
mail when prescribed by an agency head. Outside these areas, Confidential
information and material shall be transmitted only as is authorized for
higher classifications.
(5) Transmission within an Agency. Agency regulations governing
the preparation and transmission of classified information within an Agency
shall ensure a degree of security equivalent to that prescribed above
for-transmission outside the Agency.
(6) Telecommunications Conversations. Classified information shall
not be' communicated over telecommunications circuits or systems other than
those specifically authorized for transmission of classified information
pursuant to subsection G(2) above.
H. Loss or Possible Compromise. Any person who has knowledge of the
,,toss or possible compromise of classified information shall immediately
report the circumstances to an official designated by his Agency or organi-
zation. In turn, the originating Agency shall be notified about the loss
or possible. compromise in order that a damage-assessment may be-conducted
and appropriate measures taken to negate or minimize the adverse effect of
such a compromise. An immediate inquiry shall be initiated by the Agency
under whose cognizance the loss or compromise occurred for the purpose of
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taking corrective measures and appropriate administrative, disciplinary,
or legal action.
1. Destruction. Non-record classified information or material which
has served its intended purpose shall be destroyed in accordance with pro-
cedures and methods approved by the head of the Agency. The method of
destruction selected must preclude recognition or reconstruction of the
classified information or material'.
The provisions of the Order any this Directive with regard to
dissemination, transmission, or safeguarding of classified information or
material may be so modified in connection with combat or combat-related
operations as the Secretary of Defense may by regulations prescribe.
This Directive shall be published in thO Federal Register and become
effective December 1, 1978.
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 The following organizational and other changes to the July 12, 1978 draft
of the NSC r ive are s it
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o Add a Table of Contents, which could be more detailed than below, at the
beginning of the Directive to read substantially as follows:
TABLE OF CONTENTS
A. Definitions.
B. Authority to Classify.
C. Request for Classification Authority.
D. Record Requirements.
E. Classification Procedure.
F. Standard Identification and Markings.
G. Additional Markings Required.
H. Exception for Electrically Transmitted Messages.
II. DERIVATIVE APPLICATIONS OF CLASSIFICATION MARKINGS
A. Definition.
B. Responsibility.
C. Marking Derivatively Classified Documents
III.* C,J.ASSIFICATION GUIDES
A. Gu'dance Requirements.
B. Review and Report Requirements.
IV. OTHER CLASSIFICATION ACTIONS AND NOTICES
A. Challenges to Classification.
B. Upgrading,-,of Classification.
C. Classification of Information Previously Determined to be
Unclassified.
D. Extension of Duration of. Classification.
E. Notification.
F. Posted Notice.
A. Record Requirements. 40
B. Earliest Possible Declassification.
C. Systematic Review for Declassification.
D. Procedures for Mandatory Dee-classification Review.
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VI. SAFEGUARDING
A. General.
B. Access Limitations.
C. Dissemination.
D. Accountability Procedures.
E. Storage.
F. Transmission.
G. Loss or Possible Compromise.
H. Destruction. \
VII. TREATMENT OF FOREIGN GOVERNIeNT.INFORMATION
A. Identifying "Foreign Government, Information."
B. Classification.
C. Declassification.
D. Safeguards.
H. Exception for Electrically Transmitted Messes es. All classified
messages transmitted via encrypted electrical means shall, show: (1) the
overall classification of the message; (2) parenthetical or other means of
identifying the classification of its portions; and (3) either a date for
declassification or a date for review for declassification. All other
marking requirements of Sections 1-501 and 1-502: of the Order shall be
deemed to be satisfied for messages if the-copy prepared for transmission
is completely marked as required for ordinary documents.
a
o Add a new major Section IV entitled "Other Classification Actions. and Notices"_
to be comprised of the present Section. IV.E. plus new coverage with respect
to classifying information previously determined to be unclassified. Insertion
of this new major Section IV .ll require redesignation of the present Section
IV as Section V, etc., as shown in the proposed Table of Contents.
tq
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 Approved For Release 2001 08/09: CIA RDP94B01041 R0 300 101-
A. Challenges to Classification. Agency programs established to implement
the Order shall encourage holders of classified information to challenge
the classification in cases where there is substantial reason to believe
that the information is classified unnecessarily or that overly restrictive
periods for continued classification have been assigned. These programs
shall provide for action on such challenges or appeals relating thereto
within thirty days of receipt and for notification to the challenger of
the results. When requested, anonymity of the challenger shall be preserved.
B. Upgrading of Classification. Thip upgrading of classified information
to a higher level than previously determined, by officials with requisite
authority, is permitted if (i) all known holders of the information can be
notified promptly and (ii) all known holders of the information are
authorized access to the higher level of classification, or the information
can be retrieved from all known holders not authorized access to the
contemplated higher level of classification.
C. Classification of Information Previously Determined to be Unclassified.
Unclassified information, once counicated as such, is permitted to be
classified only when the classifying authority makes the same determina-
tions described for upgrading in Section W.A. above and in addition,
determines that control of the information has not been lost by such
communication and can still be prevented from being lost.
D. tension of Duration of Classification. The duration of classification
specified at the time of original classification may be extender by officials
with requisite authority but only if notification of such action can be
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 received by'all known holders of the information prior to the date or
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event previously set for automatic declassification.
101
E. Notification. Notification of unscheduled downgrading, upgrading or
change of duration of classification may be by general rather than personal
notice so long as the general notice is designed to achieve the intended
result.
F. Posted Notice. If prompt remarking of large quantities of inrormatio,s
would be unduly burdensome, the custodian may attach declassification,
downgrading, or upgrading notices to the storage unit in lieu of the
remarking action otherwise required. Each notice shall indicate the change,,
the authority for the action, the date of the action and the storage units.
to which it applies. Items withdrawn from such storage units shall be
promptly remarked in accordance with the marking provisions herein.
declassification notice is withdrawn from one storage unit solely for
transfer to another, or a storage unit containing such information is
transferred from one place to another, the transfer may be made without
remarking if the notice is attached to or remains with each shipment.
o The present Section IV.C.(1)b. (at the bottom of page Ila) is eliminated
as its essence has been incorporated into the new major Section VII
entitled "Treatment of Foreign Government Information." As a companion
to this deletion, the text of the present Section IV.C.(1)a. must be
inserted after the title (Systematic Review Guidelines) of the present
Section IV.C.(1). The existing."a. U.S. Originated Information." is
eliminated.
.o -,Add a new major Section VII (which consolidates and expands upon, pro-
visions of the draft applicable to foreign government information only).
Insertion of this new major Section VII will require redesignation of
the present Section VII as Section VIII, etc., as shown in the proposed
Tabl of Contents.
However, when information subje1rt to a posted downgrading, upgrading or
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 VII Treatment of Foreign Government Information
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~--~U A. dten . nor wre n Government Information-" To be "foreign govern
meat information" within the meaning of the Order, information must be
determined to be in one of two categories:
(1) Information provided to the United States by a foreign government
t o~~overA kAQ.ti +S
or international organization if
err
of -'_', the United States undertook an obligat:ion t keep the information
by
In confidence. ak rrg--7zeed-rtet-b .3rry -Such information
prove
is -ic es in confidence if it is marked in a manner Indicating it is to.
or if theC-1 of the delivery
ry $-p =y that the'
informationAbe kept in confidence.
(2) Informat n produced by the United States pursuant to a written
joint arrangemen with a foreign government or international organizatiaab4
treated in confidence
its "to
t"~t~rec~uires confidentirzlft A written joint arrangement -' be -eq~~
mb~-aa exchange of letters
a memorandum of understanding or other informal written record of the
joint arrangement.
B. Classification.
(1) Classification Procedure. The two-step procedure for claaaifi-
cation prescribed in Section I.F. does not apply to the classification of
foreign government Information. With respect to such information, a pre-
sumption of at least identifiab1 damage is contained in Section 1-303
of the Order.
22 he
-at the time of classification, a determination be made
a higher classification would be appropriate. This determination will--be
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 matter and the impact of its unauthorized disclosure to both the United
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States and the country or organization of origin.
(2) Duration'bf Glass ication. Unless the guidelines developed
pursuant to Section 3-404 of the Order prescribe dates or events for de-
classification or for review for declassification:
a. Foreign government information will not be assigned a date
or event for automatic declassification unless such is specified or agreed
to by the foreign government.
b. All such information will be assigned a date for review for.
declassification at thirty years from the time the information was-originated
by the- -fore-ign--government,- or- acquired or- classified by the United States,
whichever is earlier. 1 -
3) Marking. Foreign government in format: ion. incorporated in United
States documents .w3~.it, whenever practicable, be portion marked to reflect
the country or international organization of governments of origi ynd
the appropriate classification, e.g., "NATO(S)14 or "U.K.(C)." t~TMh n h
q4;4* be -94eerty indicated on or in the body of the material to assure
that the information is not prematurely declassified nor made accessible
to nationals of a third country without consent of the originator-
I Foreign
.r government documents classified by the foreign government will, if the
t_50t)
" the origin of foreign government information
foreign classification is not in'English, be marked with the equivalent
English classification. reign government documents not classified by
the foreign government but -::ovided to the United States in confidence
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 will be classified at-an appropriate level and-marked with the United
StatApptaf*dmease42O/ CIA-RDP94BO1041R000300010001-5
(4) Cl ssifieation Guides. Original elate ~fication authority may b e
exercised with r ect to foreign gove ent information through classi-
fication guides. Such gu may ascribe categories of information or
documents that are to be tre ed as eign government information and
may prescribe the clasp fication that meets-thA- requirements of Section
b
r_ Oj
1-505 of the Order and Sec on VII.B. hereof.
C. Declassification.
(1) Balancing Test. In //weighing the (need to protect foreign govern-
GI t
the need to protect the information
shall be presumed to predominate.
(2) Systematic Review. Within one year after the effective date of
the Order, heads of affected agencies shall, in accordance with the pro-
visions of Section 3-404 of the Order, develop guidelines for the systematic
review of 30-year old foreign government information. These guidelines-
shall be kept current through review by concerned agency heads at leant
once every five years unless earlier review for revision is requested by
the Archivist of the United States. A copy of these guidelines and any
revisions thereto shall be furnished to the Information Security Oversight
Office. If, after applying the guidelines to :30-year old foreign govern-
rent' information, a determination is made by the reviewer that continued
classification would be appropriate, a date no more than ten years later
shall be set for the- next review. That date- shall be marked on the document..
Subsequent review dates shall be set at no more than ten year intervals.
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 declAzapproveWor"Aefeas% 'l iA ~itfA 0?4Rib4iFMtObDO6gll6d1S Scer~ent
information shall be processed and acted upon in accordance with the
provisions of Section IV. D. hereof except that foreign gover=ent infor-
mation will be declassified a in accordance with the guidelines developed
for the purpose under (2) above. In those cases where these guidelines
cannot be applied to the foreign government information requested
in the absence of such guidelines, consultation with the foreign originator
through appropriate channels may be vreece- 1 y prior to final action on the
request. However, in those cases where the Agency receiving the request
for mandatory review is knowledgeable of the foreign originator's vdissi-
ti.ea toward declassification or continued classification of the types of
information requested based on set precedent, consultation with the foreig9
originator shall not be necessary.
Special Access Programs. Special access programs to protect
foreign gove ent information that are set upa,,e er a treaty or inter-
national agreement' of terminate auto sti ally every five years unless
renewed. These special acce rah ass are continued as required by the
.
treaty or agreement and will revloi ed, at least once every five years I
+
to determine whether t treaty or agreemen _,'bli.gations are being met.
An international regiment in this context includes n exchange of letters,
a mem7thiz~'mUnited f understanding and other informal written a angements
betweStates and another government. Such arranges s may
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 Appointees. The er pia d ,c Section 4-301 of the Order does
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not apply- o foreign government information.
0
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 MONDAY, JULY 3, 1978
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THE PRESIDENT
NATIONAL SECURITY
INFORMATION
Executive Order 12065
and Order Designating
Certain Officials
Within the Executive
Office of the President
To Classify
Information
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 Approved For Release 2001/08/09 : CIA-RDP94B01041R000300010001-5
pres denU c1l documents
[3195-01]
Title 3--The President
Executive Order 12065 June 28, 1978
17uti0nal Security tnformatvon
By the authority vested in me as President by the Constitution and taws 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:
SECTION 1. ORIGINAL CLASSIFICATION:
1_1 ClassiFcation Deeigtralron ........> ..........................-- _..... .. >.. ...> .......... .....]
?---. --. __.__._ _____~__._-- -__-
1-2 OaesiSicatiou Authority 28950
__.._..._._>..._-..-??---?----?--- 128952]
1_3 Classification Requirements ...................... (2S95 11
1-4 Duration of Classification ..............................................................................
1-5 Identification and Markings ................................................... .. ........................ 1289521
2$953]
1-6 Prohibitions .............................. ...................... _
SECTION 2. DERIVATIVE CLASSIFICATION:
~28955}
2-1 Use of Derivative Classification ............................._ . >- ---??
2-2 Classification Guides .......................... {28953)
2-3 New Material ................................................._ {289541
SECTION 5. DECLASSIFICATION AND DOWNGRADING: ?.. t-~?V41
5-1 Declassification Authority ..........................................__>
5-2 Transferred Information _ -_.___ ..---??-- ~]
_. _ .._._.., . _.._ __......._
3-3 Declassification. Policy 1289551
.?------?---------?-??-???-? [28955]
3--4 Systematic Review for Declassification ......... _....... _._-......... __............... - _
5-5 Mandatory Review for Declassification ............................................................. t"9561
Downgrading ............. _..................................................................................... X289571
SECnos 4. SAFEGUARDING:
4-1 General Restrictions .................................................. _...... ........................_.. tsa9571
4_2 Special Access Programs ............................................................................. _
4-3 Access by Historical Researchers and Forager Presidential Appointees....-..-
[2891289581
581
4-4 Reproduction Controls ........... _....... ? ..............
SECtrION 5. 1l.ITLEI ENTATiOd AND REVIEW. > [289591
5-1 Oversight ..... __ ............ ....... ............... _..... .......... _............. ............ .......... .. .....
5_2 Information Security+Uvrrslght Office ........................... ... ... I28289959
.. 601
5-3 Interagency informaeion Security Corrimrtuee ._..._.__. _. .... _ .....
1289601
5-4 General Responsibilities ..................................... ... _.........__................. .
...................._...................... 1289611
5-5 Administrative Sanctions ...................................
SECTION 6. GENERALPRDVLs.l0MS: _ [289b1}
6-1 Definitions ....... _..................... _?--....................._.............._
1'89611
6 2 General ..........................................
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 28950
THE PRESIDENT
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1-1. Classification Designation.
1-101. Except as provided in the Atomic Energy Act of 1954, as amend-
ed, this Order provides the only basis for classifying information. Information
may be classified in one of the three designations listed below. If there is
reasonable doubt which designation is appropriate, or whether the information
should be classified at all, the less restrictive designation should be used, or
the information should not be classified.
1-102. "Top Secret" shall be applied only to information, the unauthor-
ized disclosure of which reasonably could be expected to cause exceptionally
grave damage to the national security..
1-103. "Secret" shall be applied only 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 identifiable 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 officials as the
President may designate by publication in the FEDERAL REGISTER, by the
agency heads listed below, and by officials to whom such authority is delegat-
ed in accordance with Section 1-204:
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
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 of General Services (delegable only to the Director,
Federal Preparedness Agency and to the Director, Information Security Over-
sight Office)
1-202. Secret. Authority for original classification of information as 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 to whom
such authority is delegated in accordance with Section 1-204:
The Secretary of Commerce
The Secretary of Transportation
The Administrator, Agency for International Development
The Director, International Communication Agency
1-203. Confidential. Authority for original classification -of information as
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 or Secret classification authority, and
by officials to whom such authority is delegated in accordance with Section 1-
204:
FEDERAL REGISTER-VOL 43, NO. 128-MONDAY, .PIJLY 3, 1976
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 Approved Fo eY6 e~'d( `i' 79'='~93ae-f R9 1 rios60bq Dole States
The Pre ent a 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.
1-3. C xssifuation Requirereats.
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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 Approved For Release 2001/OIWf R-WP94B01041R000300010001-5
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 marked
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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 Approved For Release 2001 1 1 g DP94B01041R000300010001-5 28953
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.G. 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 arequest 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. DERIVATWE 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 Approved For Release 2001/08I$lE MesI W4B01041R000300010001-5
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 Afaterial.
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.
fled 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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 Approved For Release 2001/08M? ! a l '94B01041 R000300010001-5
fled 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 declatssification 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--
Approved For Reie se 6V r 8/Oft: CI~~DP94BO1041R00031978
00010001-5
 -28956 THE PRESIDENT
Appro~L3LtF~~@6ik/>OBf9i9edCd~Ate~94iB0i3t6Jd1r1AiQ34b6i4k14SL`,se 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 Declassation.
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 of 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
FEDERAL REGISTER-VOL. 43, NO. 128-MONDAY, JULY 3, 1978
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 THE PRESIDENT
of C 'r'e' lv r~r s~~r~41~ G ~ @1 4it0$ @~A~D01-5
'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. SAF.EruAunfNG.
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 Airs Pmgrrz ns.
4-201. Agency heads listed in Section 1-201 may create 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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 THE PRESIDENT
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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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 Approved For Release 2001/08/ -&AWP94B01041R000300010001-5
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 Yo 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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 28960
THE PRESIDENT
AppT~eynterag For Ryleea e orma2 Q01L08109 CIA1RDP94B01041R000300010001-5
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.
FEDERAL REGISTER-VOL 43, NO. 125-MONDAY, DULY 3, 1978
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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
m, a foreign government or international organization of governments.
wit'
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.
FEDERAL REGISTER-VOL. 43, NO. 128-MONDAY, JULY 3, 1978
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 28962
THE PRESIDENT
Approvbeq~ r e~ce6~ ~ ?9Pd i~ g9 i Z~~~ 44 @4 4,@1@d--Sy
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.
Z7.
THE NN ,HITE HOUSE,
June 28, 1978.
[FR Doe. 78-18505 Filed 6-29-78; 4:18 :pm]
EDITORIAL Noce: 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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[3195-fit)
Order of June 28, 1978
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
dune 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 WHITE HOUSE,
June 28, 1978.
[FR Doc. 78-18506 Filed 6-29-78; 4:19 pm]
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SECTION I. ORIGINAL CLASSIFICATION
F. (1) Date of Classification and Office of Origin and
F. (2) Identity of Classifier.
We recognize that this is a document to be coordinated with
NSC. We assume that the language in Section I. F. (1) takes
precedence over the language in Section I F. (2) so that the
Agency can continue to use employee numbers to identify its
classifiers when necessary for cover purposes, instead of
using names as required in Section I F. (2).
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SECTION II. DERIVATIVE APPLICATIONS OF CLASSIFICATION MARKINGS
B. Responsibility.
The last sentence here states, "Where checks with originators
or other appropriate inquiries show that no classification or
a lower classification than originally assigned is appropriate,
the information shall be marked accordingly." What the other
"appropriate inquiries" would be is not made clear. It seems
to us that this could lead to improper downgrading of
properly classified material by non-technical personnel who
simply might not be aware of a need for continued classification
of certain items. We believe the downgrading authority should
remain with the originating office, and that this should be
clearly stated here. We recommend that the phrase "or other
appropriate inquiries" be struck from Section II. B.
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SECTION IV. OTHER CLASSIFICATION ACTIONS AND NOTICES
D. Extension of Duration of Classification (DOD additional
recommendations 1 - 401)
This paragraph states, "The duration of' classification
specified at the time of original classification may be extended
by officials with requisite authority but only if notification
of such action can be received by all known holders of the infor-
mation prior to the date or event previously set for automatic
declassification." We believe we understand the intent here,
but the language leaves no room for any last minute judgment.
We see the possibility that information which truly should remain
classified will be downgraded or declassified simply because it
has been sent to such a large audience that they cannot all be
notified in time. We recommend instead, the following wording:
"The duration of classification specified at the time of original
classification may be extended by officals with requisite
authority, but at the same time they must make every reasonable
effort to notify all known holders of the information prior to
the date or the event previously set for automatic downgrading
or declassification." This approach seems to us to be more
consistent with Section IV.C. (1-606) of the DOD additional
recommendations, which would permit classification of previosly
unclassified material if control of the information has not yet
been lost.
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 SENDER C" ftlFICATIOP TOP AND BOTTOM
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
I
Executive Order 12065 File
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
These are the combined comments of DSB
nd ISB forwarded on
24 July to PPG/0S, concerning the E.O. 12065
Implementing Instructions (Draft.) (12 Jul '78)
O RETURN TO SENDER
5$ AND PHONE NO.
DATE
2901108109 -
UNCLASSIFIED CONFIDENTIAL
24 Jul 7