EXECUTIVE ORDER ON NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001900070058-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 19, 2016
• Sequence Number: 58
• Content Type: MEMORANDUM FOR

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OGC 78-2661
25 April 1978
I_oic ? 11- /7,63 1
MEMORANDUM FOR: Deputy Director for Administration
Deputy Director for Science & Technology
Deputy Director for Operations
Deputy to the DCI for National Intelligence
Deputy to the DCI for Resource Management
Deputy to the DCI for Collection Tasking
Legislative Counsel
Inspector General
Comptroller
Executive Secretary
SUBJECT : Executive Order on National Security Information
Attached for your information is a copy of the most recent draft, dated
20 April 1978, of the proposed Executive order on classification. With the
possible exception of section 4(e) (3), which is being discussed with the
Department of Defense, .this version is to be sent to OMB for review and editing
before submission to the President for approval. In addition, efforts are now
under way to draft a directive to implement this Order. Please do not hesitate
to contact me if you have any questions or comments
N revie (s) completed.
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.? April 20, 1978
By virtue of the authority vested in me by the Constitution of
the United States of America; in order to balance the public's interest
in? ac.cess to government information with the need to protect certain
national security information from disclosure, it is hereby ordered as
TABLE OF CONTENTS
Section Description
1. Definitions ........................... 2
2. Original Classification .................. 3
(a) Classification Designation ...........3
(b) Classification Authority ............ 4
(c) Classification Requirements ......... 6
(e) Limitation on Duration of
Classification ...................
(f) Classification Identification and
Marking: .......................... 8
(g) Prohibitions ....................... 9
3. Derivative Classification of Information . 10
4. Declassification and Downgrading ......... 11
(a) Declassification Authority .......... 12
(b) Authority Over Transferred
Information ...................... 12
(c) Declassification Policy ............. 13
(d) Declassification Requirements ....... 14
(e) Systematic Review for .
Declassification ................. 14
(~) ?Mandatory Rev for Declassification. .16
(g) Downgrading ......................... 17
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5.
Safeguarding ----------- .--- .
17
(a)
General Restrictions on Access
17
(b)
(c)
Special Access Programs .....................
Access by Historical Researchers and Fox-=.e--
Presidential Appointees
la
19
(d)
Reproduction Controls .
20
6. Implementation and Review 20
(a) Information Security Oversight Office ...... 20
(b) Interagency Information Security Committee 22-
(c) Agencies with Original Classification
Authority. .................................. .. 22
(d) Agencies without Original Classification
Authority ................................... 24
7. Administrative Sanctions 24
S- AtomicEnergy. Information or . Materia..............
_-124
9. Interpretation of the Order .25
10. Revocation of Prior Orders and.Directives 25
11. Effective Date 25
Section 1. Definitions.
(a) "Agency" has thean-ing used in 5 U.S.C. 552(e). (b) "Classified information" means information 'or material
owned by, produced for or
(hereinafter collectively termed "information") that is/in the
possession of or under the control of the United States Government
that has been determined by proper authority to require protection
against unauthorized disclosure in the interest of national security
and is so designated.
(c) "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 joint arrangement .ith, a foreign govern-
ment or international organization of governments or an official of
either.
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(a) "National security information" means information that con-
cerns the national defense or foreign relations of the United States.
Section 2. Original Classification.
(a) Classif.ication Designation. National.security information
that requires protection against unauthorized disclosure may be classifie
in one of the three designations listed below. If the classifying
official has reasonable doubt which designation is appropriate, or
whether the information should be classified at all, the less restrictive
treatment should be designated Dr guidance should be sought from an appropi
senior agency official'.
(1) "Top Secret" shall be applied to information, the unauthorize
disclosure of which reasonably could be expected to cause exceptionally
grave damage to the national security.
(2) "Secret" shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause serious
damage to the national security.
(3) "Confidential" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to cause
,identifiable 'damage to the national security.
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(b) Classification Authority.
_ Top Secret. Authc=_ty for original classification of
information as "Top Secret" may be exercised only by the Presidcnt,b y
such officials as the President may designate by publication in the
Federal Register, by the Agency heads listed below,,and by
to?whom such authority is delegated in accordance with the
of subsection (4)?Ibelow:
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army
officials
provisions
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General of the United States
The Secretary of Energy
The Chairman, Nuclear Regulatory Commission
The Director, Arms Control and Disarmament Agency
The Director 'of Central Intelligence
The Administrator, National Aeronautics and Space Administration
The Administrator, General Services Administration (Aele gable
only to the Director, Federal Preparedness Agency and to the
Director, Information Security Oversight Office.)
(2) Secret.. Authority for original classification of infor-
mation 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" classi-
fication authority and by officials so authorized in accordance with
the provisions of subsection (4):
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The Secretary of Transportation
The Administrator, Agency for International Development
The Director, International'Communication Agency
(3) 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 officals who have "Top Secret"
or "Secret" classification authority and by officials so authorized in
accordance with subsection (4):
The President and Chairman, Export-Import Bank of the United Stat
The President and Chief Executive Officer, Overseas Private
(4) Limitations on Delegation of Classification Authority.
(i) Authority for original classification of information as
"Top Secret" maybe delegated' only in writing and onlytoprincipaf
subordinate officals determined by the President or by Agency heads
listed in subsection (1) above to have a frequent need to exercise
such authority. Authority so delegated may not be redelegated.
(ii) Authority for original classification of inPormation as
"Secret" may be delegated only in writing and only to those subordinates
determined by. the President, by Agency heads listed in subsections (1)-
and (2) above and by officials with "Top Secret" classification
authority to have frequent need to exercise such authority. Authority
so delegated may not be redelegated.
(iii) Authority for original classification of information as
"Confidential" may be delegated only in writing and only to those
subordinates determined by the President, by Agency heads listed in
subsections (1), (2) and (3) above and by officials with "Top Secret"
classification authority -to have frequent need to exercise such
authority. Authority so delegated may not be redelegated.
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(iv) Each delegation of original classification authority
shall be in writing by name or title of position held or as prescribed
in directives implementing this Order.
?(v) Delegations of original classification authority shall be
held to an absolute minimum. Administrative convenience is not a
valid basis for such delegations. Periodic review of such
delegations shall be made to ensure that the officials so designated
have demonstrated a continuing need to exercise such authority.
(vi) Agencies or officials not granted original classification
authority in this section may request such authority from the
President through the Thformation Security Oversight Office, established
herein. Approval of such requests shall be published in the Federal
Register.
(5) Exceptional Cases. When an employee of an Agency that does
not have original classification authority, or a contractor of such
an Agency, originates information that-is believed to require
classification, the person or contractor shall protect that information
in the manner prescribed by this Order and implementing directives.
The information shall be transmitted promptly through established
channels and under appropriate safeguards to the Agency having
primary interest in the subject matter and -appropriate original
classification authority with a request that a determination be made as t
classification. Such requests shall be acted upon within 30 days.
Where such Agency cannot be identified, the information shall be sent
deterninatio
to the Director of the Information Security Oversight Off ice for a/.-.
(c) Classification Requirements. Information may not be
classified unless an original classification authority determines:
(1) that the information falls into one or more of the criteria set
forth in subsection (d) below, which apply equally to all three
authorized classification designations; and (2) that the unauthorized
disclosure of such information reasonably could be expected to cause at
least identifiable damage to the national security.
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The unauthorized disclosure of foreign government informa-
tion or the identity of a confidential foreign source is presumed to cause
at least identifiable damage to the national security.
(d) Classification Criteria. Information may not be con-
sidered for classification unless its disclosure reasonably could be
expected to:
(1) Make the United States or its allies vulnerable to attack
by a foreign power, or weaken the ability of the United States or
its allies to conduct armed operations or defend themselves, or
diminish the military or operational effectiveness of the United
(2) Lead to hostile political, economic, or military action
against the United States or its allies by a foreign power; or
(3) Reveal, in whole or in part, the defense or foreign
policy plans or posture of the United States or its allies; provide
a foreign nation..with information upon which to develop effective
countermeasures to such plans or posture; weaken or nullify the
effectiveness of a United States military, foreign policy, foreign
intelligence, or foreign counterintelligence plan, operation, project,
(4) Aid a foreign nation to develop or improve its military
capability; or
(5) Reveal, jeopardize, or reduce the effectiveness of an
intelligence or cryptologic'source, method, device, or system; or
(6) Disclose to other nations or foreign groups that the
United States has, or is capable of obtaining, certain information
concerning those nations or groups without their knowledge or consent;'
(7) Deprive the United States of a diplomatic, military,
scientific, engineering, technical, economic, or intelligence advantage
related to the national security; or
(8) Create or increase international tensions; cause or con-
economic instablity or civil disorder in a
foreign country; or otherwise impair the fureAgn relations of the
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Disclose or impair the position of the United States or
its allies in international negotiations; or
(10) Disclose the identity of a confidential foreign source; or
(11) Disclose foreign government information; or
(12) Diminish the effectiveness of United States Government
programs for safeguarding nuclear materials or facilities; or
(13) Place a person's life in jeopardy.
(e) Limitation on Duration of Classification.
'(1) Except as permitted in paragraph (2) below, each original
classification authority at the time of original classification shall
set a date or event for automatic declassification no more than six
years later. Alternatively, the original classification authority
may set a date or event not more than six years later for review to
determine whether there is a continued need to protect the information.
Only officials with Top Secret classifi-
cation authority may extend classification of the information beyond
six years and only then in accordance with paragraph (2) below.
(2) Only officials with Top Secret classification'authority
and heads of agencies listed in Section 2(b) may classify information
for more than six years from the date of original classification.
In such cases, the date or event for declassification or review shall
be as early as national security permits and shall be no more than
twenty years after the original classification, except that the date
or event for declassification or review of foreign government infor-
mation may be up to thirty years. This authority shall be used
sparingly.
(f) Classification Identification and Marking.
(1) The following shall be shown on the face of
documents at the time of original classification: (i) the' identity of the
original classification authority;
(ii)
the office of origin;
the date of the doc.ument's origin;
(iv)
the date or event for
(iii)
declassification or review; and (v) one of the three classification
designations defined herein. When the individual who signs or other-
wise authenticates a document or item also is authorized to classify
it, no further annotation of identity is required. Documents
classified for more than six years shall also be marked with the identity
of the official who authorized the prolonged classification and the
justification for it. This justification may be by reference to
erttrrLa :et forth to agency impirmcnttog dLrectivtes.
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(2) Markings such as "For Offical Use Qnly" and "Limited
Official Use" may not be used to identify information requiring pro-
tection pursuant to this Order. Nor may terms such as "Conference,"
or '"Agency" be used in conjunction with classification designations
prescribed by this Order; e.g., "Agency Confidential," or "Conference
(3) 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,' in
order to facilitate excerpting and other uses. Agency heads may seek
a waiver of this requirement from the Director of the Information
Security Oversight Office for specified classes of information. The
Director of the Oversight Office may,--for good cause, grant and revoke
such a waiver.
(4) Foreign government information shall either retain its
original classification designation or be assigned a United States
classification designation that shall assure a degree of protection
equivalent to that required by the entity that furnished the information.
(5) Classified documents that contain or reveal information
that the originator has determined is subject to special dissemina-
tion and reproduction limitations shall be marked clearly so as to
place the user on notice of the restrictions.
(q) Prohibitions.
(1) Classification may not be used to conceal violations of
law,' inefficiency, or administrative error, to prevent embarrassment'
to a person, organization or agency, or to restrain competition.
(2) Basic scientific research information not clearly
related to the national security may not be classified.
(3) 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
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under this order until and unless the government acquires a pro-
prietary interest in the product. This Order does not affect the
provisions of the Patent Secrecy Act of 1952 (35 U.S.C. 181-188).
(4) References to classified documents that individually, or
in aggregate, do not disclose classified information may not be
classified or used as a basis for classification.
.(5) Classification may not be used to limit dissemination of
information that is not classifiable-under the provisions of this
Order, or to prevent or delay the public release of such*informition.
(6) No document may be classified after an.Agency has
received a request for such document under the Freedom of Information
Act or the Mandatory Review provision of this Order
/Section 4(f) 7, unless such document requires the protection
authorized by this Order and such classification is authorized
personally, and in writing, by the head of the Agency concerned,
by the senior official designated to oversee the Agency information
security program, or by an agency official with original Top Secret
.classification authority.
(7) Classification may not be restored to :.documents already
declassified and released to the public under this .or prior Orders.
Section 3. Derivative Classification of Information.
(a) Original classification authority shall not be given to
persons who only reproduce, extract or summarize classified infor-
mation or who only apply to information classification markings
derived from source material or as directed by a security classi-
fication guide. Persons who apply derivative classification
markings shall(i) respect classifications assigned by originators;
(ii) to the maximum, extent practicable verify the current level of
classification of the information prior to applying such markings;
and (c)
(iii) in accordance with subsections (b)/ below, carry forward
to any newly created documents the assigned dates or events for
declassification or review and any additional authorized markings.
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Documents based on multiple classified sources
may use a single marking.
(b) New material that derives its classification from
information classified on or after the effective date of this Order
shall be marked with the date or event for declassification or
the date for review assigned to the source information.
(c) New material that derives its classification from information
classified under prior'Orders shall be treated as follows:
(1) When the source material bears a date or event for
declassification twenty years or less from the date of origin,
that date or event shall be carried forward on the new material.
(2) When the source material bears no date or.event for
declassification or is marked for declassification beyond
twenty years, the new material shall-be marked with a date for
at
review for declassification/twenty years from the date of original
classification of the source material.
(3) When the source material is foreign government information
bearing no date or event for declassification or 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 4. Declassification and Downgrading
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(?a) Declassification Authority. The authority to declassify
or downgrade information classified under this or prior Executive
orders shall be exercised as follows:
(1) Classified information may be declassified or downgraded
by the official who authorized the original classification if that officia
is still serving in the same position, by a
successor, or by a supervisory official of either.
(2) Agency heads named in Section 2(b) shall designate
additional officials at the lowest practicable. echelons to exercise
declassification and downgrading authority.
(3) When the Director of the Information Security Over-
sight Office determines that information is classified in violation
of this Order, or that information considered in the exercise of-
the Director's appellate function pursuant to Section 4(f)(2) should be
declassified or downgraded, the Director shall promptly notify the affected
Agency of such a determination. The Agency shall have
20 working days to contest the determination. In the event agree-
ment on the classification of the information in question cannot
be reached between the Director of the Information Security Over-
sight Office and the Agency, they will appeal the case to
the National Security Council. Contested infor-
mation shall remain classified until the appeal is resolved.
(4) The provisions*of this Order relating to the declassi-
fication of national security information 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
Executive orders.
(b) Authority Over Transferred' Information.,
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a. ::?aasfer of function -- not
rerely for storage prrrp:,nes -- the receiving Agency shall be e___ed tc
be the originating /gnncy for all purposes under this Order.
(2) For classified information not transferred in aca:.r!ance
with subsection (1) above, but originated in an Agency which has
ceased to exist, each Agency in possession shall be deemed to be the
originating Agency for all purposes under this Order. Such infor--a-
tion may be declassified or downgraded by the Agency in possession
after consulting with any other Agency having an interest in the
subject matter.
(3) Classified information transferred to the General Services
Administration for accession into the Archives of- the United States
shall be declassified or downgraded by the Archivist of the United
States in accordance with this Order, the directives of the Informatior_
Security.Oversight Office, and Agency guidelines.
(4) After the termination of a Presidential administration, the
Archivist of the United States shall have the authority to'review and
declassify or downgrade all information classified by the President,
the White House staff, or committees or commissions appointed by the
President or others acting on the President's behalf. This authority
shall be exercised only after consultation with the agencies having
primary subject matter interest. Disagreements on declassification of
Presidential documents between the National Archives and agencies
having primary subject matter interest may be appealed to the Director of
the Information Security Oversight Office.
(c) Declassification Policy.
(1) Declassification of classified information shall be given
emphasis comparable to that accorded classification. Information
classified pursuant to this and prior Orders shall be declassified as
early as national security considerations permit. Decisions concerning
declassification shall be based on the loss of the information's
sensitivity with the passage of time or the occurrence of an event which
would make continued classification unnecessary.
(2) Whenever information is reviewed for declassification
pursuant to this order, it shall be declassified unless the declassi-
fication authority established in Section 4(n) determines that the
informzttton continues to meet the stnudardn for classification pre-
.~r-h,??.I !u Suct:( ccu e) 11 av1`1 1t1? the hay{y ai;e of time
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(3) It is presumed that information which continues to meet
the standards for classification in section 2(c) requires continued
protection. In some cases, however, the need to protect such infor-
mation may be outweighed by the public interest in disclosure of the
information, and in these cases the information should be declassified.
When such a question arises, it shall be referred to the agency
head, an official with Top Secret classification authority, or the
Archivist of the United States in the case of material covered in
Section 4(f)(2), That official will determine whether the public
interest in disclosure outweighs the damage to national security
that might reasonably be:expected froc4 disclosure.
(d) Declassification Requirements.
(1) Except as provided in Section 4(e)(4) below, information
classified on or after the effective date of this Order shall be
declassified or reviewed in accordance with the date or event set
pursuant to Section 2(e).
(1) Information not marked with such a date or event shall
be declassified automatically six years after the date of original
classification, unless the head or deputy head of the agency extends
its classification personally and in writing in accordance with
Section 2(e)(2).
(ii) When information is.marked for review within six years of
original classification,.pursuant to Section 2(e)(1), and that review
is not conducted by the end of the sixth year, the information is
automatically declassified. However, the head of the agency or
officials with Top Secret classification authority may restore and
extend the classification personally and in writing, in accordance
with Section 2(e)(2).
(2) Except as provided in Section 4(e)(4) below, information
which was classified before the effective date of this Order and
already marked with a date or event directing declassification in
20 years or less from date of origin, shall be declassified automati-
cally in accordance with such date or event unless declassified
earlier. Information not so marked shall be reviewed for declassi-
fication in accordance with section 4(e) and (f) below.
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(e) Systematic Review for Declassificaton.
(1) 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 20 years old. Agency heads listed in
Section 2(b) and officials designated by the President pursuant to
Section 2(b)(1) of this Order may extend classification beyond 20
years, but only in accordance with Sections 4(c) and 4(e)(2). This
authority may not be delegated. Wheri classification is extended
beyond 20 years, a date for declassification or the next review no
more than 10 years later shall be set and marked on the document.
Subsequent reviews for declassification shall be set at no more than
10 year intervals. The Director of the Information Security Over-
sight Office may extend the period between subsequent reviews for
.specific categories of information.
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the Agency heads listed in Section 2(b) and the heads of agencies which
had cr:ginal classification authority under prior orders shall, after
consultation with the Archivist of the United States and review, by the
Information Security Oversight Office, issue and naintain guidelines for
systematic review covering 20-year old classified information up-der
their jurisdiction. These guidelines shall state specific, limited
categories of information which, because of their national security
sensitivity, should not be declassified automatically but should be
I
reviewed item-by-item to determine whether continued protection beyond
20 years is needed. 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 20 years from the date of original classification.. These
guidelines shall be authorized for use by the Archivist of the United
States and by any Agency having custody of the information.
(3) Notwithstanding Section 4(e)(1) and (2), the Secretary of
Defense may establish special procedures for systematic
review and declassification of classified cryptologic information
produced by units ,of the.Department of*Defense.' These procedures shall
be consistent, so far as practicable, with the objectives of Section
4(e)(1) and (2) and shall be reviewed and approved by the Director
of the Information Security Oversight Office prior to implementation.
Any decision by the Director in this regard may be appealed to the
National Security Council. In case of'an appeal, the information
will remain classified until the appeal is resolved.
(4) Foreign government information shall be exempt from the
automatic declassification and 20 year systematic review provisions of
this Section. Unless declassified earlier, such information shall
be reviewed for declassification 30 years from its date of origin.
Such review shall be in accordance with the provisions of Section 4(c)
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.
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(5) Transition to systematic review at twenty years shall
be implemented as rapidly as practicable but shall be completed no
more than ten years from the effective date of this Order.
(f) Mandatory Review for Declassification.
(1) Except as provided in (2) below, information classified
pursuant to this or prior Executive orders shall be reviewed for
possible declassification upon request of a member of the public, a
government employee or an Agency, provided the request is sufficiently
specific to permit location of the information with reasonable effort.
Requests for declassification under this provision shall be acted upon
within 60 days.
Information Act
of the Act.
Requests for declassification under the Freedom of
shall be processed in accordance with the.Drovisions
(2) Information less than ten years old originated by the
President or a President's White House staff or Committees or Commissions
appointed by the President or others acting on behalf of the President,
including such information in the possession and control of the
Administrator of General Services pursuant to 44 U.S.C. 2107 or 2107
note is exempted from the provisions of subsection (1) above. Such
information over ten years old, however, shall be subject to mandatory
declassification review upon the request of a member of the public,
a government employee or an Agency. The processing of such requests
United. States which shall include consultations with agencies having
primary subject matter interest. Denial by the Archivist of such a
request for declassification may be appealed to the Director of the
Information Security Oversight Office who may order declassification.
In such cases, the Director of the Information Security Oversight Office
shall promptly notify agencies with primary subject matter interest,
which may follow the appeals process set forth in Section 4(a)(3).
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(3) Neq :. _ for dcclc,::ctfication o: fie:d doeu=en:s
:?= inaLod by an Agency but in the pot:ses; ion ar.'_~ co n.rol of.
; i ini :Lrator of'C*neral Services pursuant .to 41, U.S.C. 21x,7
2107 riot.e shall be referred by the Archivist to the A~ enc; of srigi:h
for processing in accordance with subsection (1) above ata :o: direct
response to the requester. The Archivist shall. inform requesters
of suet referrals.
(4) No Agency in possession of a document classified under
the provisions of this or prior Orders may, in response to a. request
made under the Freedom of Inforratiori Act or the Mandatory Review
provision of this Order (Section 4(f)) for such document, refuse to confirm
the existence or non-existence of such document, unless the fact of its
existence or non-existence would itself be classifiable under this Order.
(g) Downgrading. Information classified under this or prior
Orders and marked for automatic downgrading -*?s downgraded accordingly
without notification to holders. Other information classified under
this or prior Orders may be assigned a loner classification designa-
tion by the originator or other officials authorized to downgrade or
to declassify when such downgrading serves a useful purpose. Notice
of such downgrading shall be provided to holders of the information
to the extent practicable. ?
Section 5. Safeguarding.
(a)
(1)
General Restrictions on Access.
No person may be given access to classified information
unless such person has been determined to be trustworthy and unless
access to such information is necessary for the performance of
official duties.
(2) All classified information shall be marred conspicuously
to put users on notice of its current classification status and,
appropriate, to show any special distribution or rc:r:Piuetion r_-
strirLicrt.^..
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? (3) shall be to r,JJOre
c1r.:.:ified information is used, proct. set,
e.:,t1 transmitted only under !.?onditi.,ns that will f .;vi'_., r.?lec':2;_
protection and pre-vent access by :,nauLhorized persons.
( /,) Clas:;i tied informrjti.on no long;;er needed in cur:^_
rorki.t,c files or for reference or record purposes shall be p-
cessed for appropriate disposition in accordance with the provisions
of Chapters 21 and 33 of Title 44 of the United States Code governing
disposition of federal records.
(5) Classified. information disseminated outside the
executive branch shall be given protection equivalent to that
afforded within the executive branch. -
(b) Special Access' Programs.
(1) Agency heads listed in Section 2(b)(1) may create special
access programs to control access, distribution, and protection of
particularly sensitive information classified pursuant to this or
prior Orders. Such programs nay be created or continued only by
written direction and only by these Agency heads or, 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 4. Special
access programs may le created or continued only on a specific
shoring that: .
(i) normal management and safeguarding procedures are not
sufficient to limit need-to-know or access; _
(ii) the number. of persons who will need access will be
reasonably small and commensurate with the objective of providing
extra protection for the information involved; and
(iii) the special access controls balance the need to project
the information against the full spectrum of needs ,o use the ir.i a_?-
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(2) All such special access prof rasa t??c~:pL those required
by treaty or international agreement shall terain ate auto-
:??? th the
Ma ti dally every five years unless renewed in accordance
procedures in this nubsec Lion.
(3) Within 180 day: after the affective date of this Oder,
the ! geney heads lister in Suction 2(b)(1) shall review all existing
special access pro, -,rams under their jurisdiction and continue therm
only in accordance with the procedures in this subsection. Each of those
Agency heads shall also establish and maintain a system of accounting fo
all special access programs they create or continue..
The Dire--tor of the Information Security Oversig t Office
shall have non-delegable access to all such accountings.
Access by Historical Researchers and Former Presidential
Appointees. The requirement in Section 5(a)(1) that
access to classified information be granted only as is necessary for
the performance of official duties shall not apply to persons who
are engaged in historical research projects or who previously have
occupied policy-making positions to which they were appointed by the Presic
provided that the Agency with jurisdiction over the information:
.(1) makes a written determination that access is consistent
with the interest of national security; .
(2) takes appropriate steps to ensure that classified infor-
nation is not disclosed or published without prior review and
declassification;
(3) takes reasonable action to ensure that access is limited
to specific categories of information over which that Agency has
classification jurisdiction;
(4) limits the access granted to-former Presidential
appointees to items that the person originated, reviewed, signed or
received ,while serving as a Presidential appointee.
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(d) Reproduction Controls.
(1 ) Top 5c crct .'.o: u ~z-nts may not be r cproctw e ::i thecLt
consent of the o; g_r.ating Agency unless otherwise marked by *%a
originating office.
.
(2) Reproduction of Secret and Confidential documents May
be restricted by One criCinating. Agency.
(3) Reprcauced copies of classified documents are subject to
the same accountability and controls as the original documents.
(4) Records shall be maintained'by all Agencies that repro-
duce paper copies of classified documents to show the number and distribute
of reproduced copies of all Top Secret documents; all documents
covered by special access programs distributed outside the originating
agency;.and all Secret and Confidential documents marked in
accordance with Section 2(f)(5).
(5) Subsections (1) and (2) above shall not restrict the
reproduction of documents for the purpose of facilitating review for
declassification. However, such reproduced documents that remain
:classified after review must be destroyed after they are used.
Section 6. Implementation and Review.
The National Security Council may review all matters with respect.t
the implementation of this Order and shall provide overall policy
direction for the information security program.
(a) Information Security Oversight Office.
(1) The Administrator of General Services shall be responsible
for.. implementing and monitoring the program established pursuant to
this Order. This responsibility shall be performed through an
Information Security Oversight Office.
(2) This Office shall have a full-time Director appointed
the Administrator of General Services subject to approval by the
President. The Director shall have authority to appoint a staff.
The Director shall:
by
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(i ) oversee Agency actions to ensure compliance with this
order and implementing directives;
suggestions
(ii) consider and take action on complaints and
from persons within or outside the Govern= ent with respect En the
adninisvration of the information security program, including
anneals from denials of declassification requests pursuant to
Section 4(g)(2);
(iii) exercise the authority to declassify information pro-
vided by Sections 4(a)(3) and 4C f)(2 );
(iv) develop, in, consultation with the agencies, and promul-
gate, subject to the approval of the National Security Council,
directives for the implementation of this Order which- shall be
binding on the agencies;
(v) report annually to the President through the Administrator
of General Services and the National Security Council on the
implementation of this Order;
(vi) review all Agency implementing regulations and guide-
lines for systematic review to ensure their consistency with the
provisions of the Order and implementing directives. If the Director
finds any regulation or guideline inconsistent with this Order or
implementing directives, the Director may require it to be changed.
The Agency head may appeal such a decision to the National Security
Council, which shall have final decision-making authority. Pending
resolution of the appeal, the Agency regulation or guideline shall
remain in effect.
(vii) exercise case-by-case classification authority in
accordance with Section 2(b)(5) and review requests for original
classification authority in accordance with Section 2(b)(4)(vi);
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(viii) have . t-c authority ;.:> conduct v:;-si Le = aviews of the
Information security program of each Agency that ha:tile; r,:?~ ::'_:icd
it-t'ormat.iun and to require of each Agency couch r~ j:a_ ts~ :nfor-
e a ti on. and other. cooperation -s necessary to fulfill the abc~te
responsibilities. If such report--, inspection, or access Jo
specific categories of classified information would pose att
.exceptional national security rise:, the affected Agency head may
den.%, access. In such a case, the Agency head shall report the
decision and the reason to the National Security Council, which may
overrule the decision..
(b) Intere,?enC Inf or;. ationl Security C0mrriittee. Thera
is established an Interagency Information Security Committee which
shall be chaired.by the Director and shall be comprised of represen-
tatives of the Secretaries of State, Defense, Treasury and Energy,
the Attorney General, the Director.of Central Intelligence, the
National Security Council Staff, the-Domestic Policy Staff, and the
Archivist of the United States. Representatives of other agencies
may be invited to meet with the'Comraittee on matters of particular
interest to those agencies. The Committee shall. sleet at the call
of the Chairman or at the request of a member Agency and shall
advise the Chairman on.implementation of this Order.
(c) Agencies with Original Classification Authority. Each-
Agency granted original classification authority pursuant to this
Order shall:
(1) Submit to the Information Security Oversight Office a
copy of the regulations and guidelines for systematic review, adopted
pursuant to this Order and implementing directives. Subsequent
changes to Agency regulations and guidelines for systematic review
shall also be forwarded to the Oversight Office.
(2) Publish in the Federal lteG;ister the un:.lass fie'
regulation- implementing this Order or changes thereto.
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~,.~.`.
(3) D^s__ ...te a senio. ..:`.n=;/ of: i:?iai .o con?_uc` an
.vcriij;ht prog2':4:.i to ensure effective
(4) Designate a senior O.geno;/ officia]. chair :, :. _ r,
co'::: 7 t . eC :%lth authority to act on all ~.( eat ors ilI d a. . i nts
r.ith respect to the Agency's adruini;:tration of' the
secri ty program.
(5) Establish a process to dec1d4 appeals from denials of
. decl as;:ificatior. requests, pursuant to Section /,(f).
_
(6) Establish and maintain a program to familiarize Agency
per: :n sc1 and others with access to classified information -with. the
pro v I sion:s of this Order an l imp :er:1,.3n t,ing direct :'es; to -tee s s
upon each individual his or her responsibility for exercising
vigilance and care in complying with the provisions of this Order;
gnd, to encourage him or her to challenge classification decisions
-believed to be improper.
(7) Ensure the preparation and promulgation of guidelines
for security classification that will facilitate the identification
gnd uniform classification of information requiring, protection under
he provisions of this Order.
(8) Develop and promulgate guidelines for systematic review
In accordance with Section 4(e)(2).
(9)
(i)
Take necessary action to ensure . that:
a demonstrable need for access to classified information
Is established prior to the initiation of administrative clearance
procedures, and
(ii) the number of people granted access to classified infor-
mation is reduced to and maintained at the miniamum, consistent with
operattiorial requirements and needs.
(10) Ensure that safeguarding practices are reviewed con-
tinuously and eli ina to those that are dupiica ti ?re or un__e e _s_
(11) Submit to the Information Security Oversight
such information or reports as the l)irect.or of the `f
.ice
n ecc::sary to carry out the 0.."fice's responsibili.tie,.
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(d) Agencies Without Original Classification Authority.
Each Agency that has not been granted original classification authority
but that handles classified information shall comply with appropriate
subsections above /Zc)(l), (2), (3), (4), (5), (6), (8), (9), (10) and
(11) 7.
Section 7. Administrative Sanctions.
In any case in which the Information Security Oversight Office finds
that a violation of this Order or any implementing directive has
occurred, it shall make a report to the head of the Agency concerned
so that corrective steps may be taken.
(a) Officers and employees of the United States shall be
subject to appropriate administrative sanctions if they:
(1) knowingly and willfully classify or continue the classifica-
tion of information in violation of this Order or any implementing
directive; or
(2) knowingly, willfully and without authorization disclose
information properly classified under this or prior Orders or compromise
properly classified information through negligence; or
(3) knowingly and willfully violate any other provision of this
Order or implementing directive.
(b) Sanctions may include reprimand, suspension without pay,
removal, termination of classification authority, or other sanction in
accordance with applicable law and Agency regulations.
(c) Agency heads shall make provision to ensure that appropriate
and prompt corrective action is taken whenever a violation under
subsection (a) occurs. They shall also inform the Director of the.
Information Security Oversight Office when such violations occur.
(d) Agency heads shall report to the Attorney General evidence
of possible violations of federal criminal law by an employee of their
department or agency to the extent any such information may be reflected
in classified information and report to the Attorney General evidence
of possible violations by any other person of those federal criminal
laws specified in guidelines adopted by the Attorney General;
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Section 8. Atomic Energy Information or Material.
Nothing in this Order shall supersede any requirements made by or under
the Atomic Energy Act of 1954, as amended. "Restricted Data" and
information designated as "Formerly Restricted Data" shall be handled,
protected, classified, downgraded, and declassified in conformity with
the provisions of such Atomic Energy Act and the regulations of the
Department of Energy.
Section 9. Interpretation of the Order.
The Attorney General, upon: request by the head of an Agency, his duly
designated representative, or the Director of the Information Security
Oversight Office, shall personally or through authorized representatives
of the Department of Justice render an interpretation of this Order
with respect to any question arising in the course of its administration.
Section 10. Revocation of Prior Orders and Directives.
Executive Order No. 11652 of March 8, 1972, as amended by Executive
Order No. 11714 of April 24, 1973, and No. 11862 of June 11, 1975,
and the National Security Council Directive of May 17, 1972 /3 C.F.R.
1085 (1971-75 Comp.)? are revoked.
Section 11. Effective Date.
This Order shall become effective on October 1, 1978, except that
the functions of the Information Security Oversight office specified
in Section 6(a)(1)(iv) and 6(a) (1) (vi) shall be effective immediately
and shall be performed in the interim by the Interagency Classification
Review Committee established pursuant to Executive Order 11652.
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