FEDERAL REGISTER THE PRESIDENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000100090012-9
• Release Decision: RIFPUB
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• Document Page Count: 16
• Document Creation Date: December 19, 2016
• Sequence Number: 12
• Content Type: OPEN SOURCE ARTICLE

- --- ONDAY - JULY _ , 1978
Approved For Relea
TriE 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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p
resider ~ l documents
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Title 3-The President
Executive Order 12065 June 28, 1978
l4atioi al Sectxlty lnformt14ion
By the authority vested in me as President by the Constitution and Jaws 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: [ page]
1-1 Classrncatien Designation ........ ............................... ?....._.....,_....__........._.. ?`289501
1-2 Classifiction Audhority [289501
1-3 Classification Requirements ...................... _. M9513
1-4 Duration of Classification ................................................................................. (28952)
1-5 Identification and Markings ............................ ....................... ....._.._.._........... 1?s952]
1-6 Prohibitions ...................................................._ t28953]
SECTION 2. DERIVATIVE CLASSIFICATION:
2-1 Use of Derivative Classification ............................. _._._ .._.._.. .._~ .. .._. " 28953)
2-2 Classification Guides .............................................. __._._ 428953]
2-3 New Material ................................................._ -. {,28954]
SECTION 3. DECLASSIFICATION AND DOWNGRADING:
3-1 Declassification Authority .......................................... ___, 4.28954]
3-2 Transferred Information L20954)
3-3 Declassification Policy 1289551
9L4 Systematic Review for Declassification ......... ._...... __......... _._ ................. _. [289551
3-5 Mandatory Review for Declassification .............. _...... ......................... .............. M89361
3-6 Ltowrrgrackng ............ ......................................................... _......................... ?289571
SECTION 4. SAFEGUARDrNG:
4-1 General Restrictions .................................................. _...... ._.......................
_... [!'8937)
4-2 Special Access Programs .............................................................................. 189371
4-3 Access by Historical Researchers and Former Presidential Appointees...._... [28958]
4-4 Reproduction Controls _..... _............ _._......... _. .................._........................ [28958]
SECTION 5. Ii,iPLEMZYTAnoN AND REVIEW:
5-1 Oversight .... .__............ _..... ............. ....... _ ........ ............... ......... .._................ .. [`18959]
5-2 Information Security Oversight Office ............. ........ ............................... ['`"9939)
5-3 Interagency Information Security Coa"wl irsee [28960]
5-4 General Responsibilities .................................... ..._.......... _....... _ 128960)
5-5 Administrative Sanctions ............................... ._................... .r_................... .. 1289611
SECTION 6. GENERAL PXCWLSScas:
6-1 Definitions .......... _.........._....... _ ......... ...... ...... __.__...... .......... ................... __ [289611
6-2 General ............................................................................................................. 1213961)
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SECTION 1. ORIGINAL CLASSIFICATION.
1-1. Classifuation,Designation.
1-101. Except as provided in the Atomic Energy Act of 1954, as amend-
ed, this Order pr9vides 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. Classifecation 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 I-
204:
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The President and Chairman, Export-Import Bank of the United States
The President and Chief Executive Officer, Overseas Private Investment
Corporation
1-204. Limitations on Delegation of Classification Authority.
(a) Authority for original classification of information as Top Secret may
be delegated only to principal subordinate officials who have a frequent need
to exercise such authority as determined by the President or by agency heads
listed in Section 1-201.
(b) Authority for original classification of information as Secret may be
delegated only to subordinate officials who have a frequent need to exercise
such authority as determined by the President, by agency heads listed in
Sections 1-201 and 1-202, and by officials with Top Secret classification
authority.
(c) Authority for original classification of information as Confidential may
be delegated only to subordinate officials who have a frequent need to exer-
cise such authority as determined by the President, by agency heads listed in
Sections 1-201, 1-202, and 1-203, and by officials with Top Secret classifica-
tion authority.
(d) Delegated original classification authority may not be redelegated.
(e) Each delegation of original classification authority shall be in writing
by name or title of position held.
(f) Delegations of original classification authority shall be held to an
absolute minimum. Periodic reviews of such delegations shall be made to
ensure that the officials so designated have demonstrated a continuing need to
exercise such authority.
1-205. Exceptional Cases When an employee or contractor of an agency
that does not have original cLassification authority originates information be-
lieved to require classification, the information shall be protected in the
manner prescribed by this Order and implementing directives. The informa-
tion shall be transmitted promptly under appropriate safeguards to the agency
which has appropriate subject matter interest and classification authority. That
agency shall decide within 30 days whether to classify that information. If it is
not clear which agency should get the information, it shall be sent to the
Director of the Information Security Oversight Office established in Section 5-
2 for a determination.
1-3. CkaszSXatios Regrairrsze .
1-301. Information may not be considered for classification unless it
concerns:
(a) military plans, weapons, or operations;
(b).foreign government information;
(c) intelligence activities, sources or methods;
(d) foreign relations or foreign activities of the United States;
(e) scientific, technological, or economic matters relating to the national
security;
(.f) United States Government programs for safeguarding nuclear materials
or facilities, or
(g) other categories of information which are related to national security
and which require protection against unauthorized disclosure as determined
by the President, by a person designated by the President pursuant to Section
1-201, or by an agency head.
1-302. Even though information is determined to concern one or more of
the criteria in Section 1-301, it may not be classified unless an original
classification authority also determines that its unauthorized disclosure reason-
ably could be expected to cause at least identifiable damage to the national
security.
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1-303. Unauthorized disclosure of foreign government information or the
identity of a confidential foreign source is presumed to cause at least identifi-
able damage to the national security.
1-304. Each determination under the criterion of Section I-301(g) shall
be reported promptly to the Director of the Information Security Oversight
Office.
1-4. Duration of Clauifuation.
.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. Ident /ication 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 dearly which portions
are classified, with the applicable classification designation, and which portions
are not classified. The Director of the Information Security Oversight Office
may, for good cause, grant and revoke waivers of this requirement for speci-
fied classes of documents or information.
1-505. Foreign government information shall either retain its original
classification designation or be assigned a United States classification designa-
tion that shall ensure a degree of protection equivalent to that required by the
entity that furnished the information.
1-506. Classified documents that contain or reveal information that is
subject to special dissemination and reproduction limitations authorized by
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THE PRESIDENT
this Order shall be marked clearly so as to place the user on notice of the
restrictions.
1-6. Prohibitions.
1-601. Classification may not be used to conceal violations of law, ineffi-
ciency, or administrative error, to prevent embarrassment to a person, organi-
zation or agency, or to restrain competition.
1-602. Basic scientific research information not clearly related to the
national security may not be classified.
1-603. A product of non government research and development that does
not incorporate or reveal classified information to which the producer or
developer was given prior access may not-be classified under this Order until
and unless the government acquires a proprietary interest in the product. This
Order does not affect the provisions of the Patent Secrecy Act of 1952 (35
U.S.C. 181-188).
1-604. References-to classified documents that do not disclose classified
information may not be classified or used as a basis for classification.
1-605. Classification may not be used to limit dissemination of informa-
tion that is not classifiable under the provisions of this Order or to prevent or
delay the public release of such information.
1-606. No document originated on or -after the effective date of this
Order may be classified after an agency has received a request for the docu-
ment under the Freedom of Information Act or the Mandatory Review provi-
sions of this Order (Section 3-5), unless such classification is consistent with
this Order and is authorized by the agency head or deputy agency head.
Documents originated before the effective date of this Order and subject to
such a -request may not be classified unless ,such classification is consistent
with this Order and is authorized by the senior official designated to oversee
the agency information security program or by an official with Top Secret
classification authority. Classification authority under this provision shall be
exercised personally, on a document-by-document basis.
1-607. Classification may not be restored to documents already declassi-
fied and released to the public under this Order or prior Orders.
SECTION 2. DER VATtvE CLASSIFICATION.
2-1. Use of Derivative Classifcation.
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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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. A ew MateriaL
2-301. New material that derives its classification from information classi-
fied on or after the effective date of this Order shall be marked with the
declassification date or event, or the date for review, assigned to the source
information.
2-302. New material that derives its classification from information classi-
fied under prior Orders shall be treated as follows:
(a) If the source material bears a declassification date or event twenty
years or less from the date of origin, that date or event shall be carried
forward on the new material.
(b) If the source material bears no declassification date or event or is
marked for declassification beyond twenty years, the new material shall be
marked with a date for review for declassification at twenty years from the date
of original classification of the source material.
(c) If the source material is foreign government information bearing no
date or event for declassification or is marked for declassification beyond
thirty years, the new material shall be marked for review for declassification at
thirty years from the date of original classification of the source material.
SECTION 3. DECLASSIFICATION AND DowNGRADING.
3-1. Declassification Authority.
3-101. The authority to declassify or downgrade information classified
under this or prior Orders shall be exercised only as specified in Section 3-1.
3-102. Classified information may be declassified or downgraded by the
official who authorized the original classification if that official is still serving
in the same position, by a successor, or by a supervisory official of either.
3-103. Agency heads named in Section 1-2 shall designate additional
officials at the lowest practicable echelons to exercise declassification and
downgrading authority.
3-104. If the Director of the Information Security Oversight Office deter-
mines that information is classified in violation of this Order, the Director may
require the information to be declassified by the agency that originated the
classification. Any such decision by the Director may be appealed to the
National Security Council. The information shall remain classified until the
appeal is decided or until one year from the date of the Director's decision,
whichever occurs first.
3-105. The provisions of this Order relating to declassification shall also
apply to agencies which, under the terms of this Order, do not have original
classification authority but which had such authority under prior Orders.
3-2. Transferred information.
3-201. For classified information transferred in conjunction with a trans-
fer of functions-not merely for storage purposes the receiving agency shall
be deemed to be the originating agency for all purposes under this Order.
3-202. For classified information not transferred in accordance with Sec-
tion 3-201, but originated in an agency which has ceased to exist, each agency
in possession shall be deemed to be the originating agency for all purposes
under this Order. Such information may be declassified or downgraded by the
agency in possession after consulting with any other agency having an interest
in the subject matter.
3-203. Classified information transferred to the General Services Admin.
istration for accession into the Archives of the United States shall be declassi?
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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 Respmuibilities.
5-401. A copy of any information security regulation and a copy of any
guideline for systematic declassification review which has been adopted pursu-
ant to this Order or implementing directives, shall be submitted to the Infor-
mation Security Oversight Office. To the extent practicable, such regulations
and guidelines should be unclassified.
5-402. Unclassified regulations that establish agency information security
policy and unclassified guidelines for systematic declassification review shall be
published in the FEDERAL REGISTER.
5-403. Agencies with original classification authority shall promulgate
guides for security classification that will facilitate the identification and uni-
form classification of information requiring protection under the provisions of
this Order.
5-404. Agencies which originate or handle classified information shall.
(a) designate a senior agency official to conduct an active oversight pro-
gram to ensure effective implementation of this Order;
(b) designate a senior agency official to chair an agency committee with
authority to act on all suggestions and complaints with respect to the agency's
administration of the information security program;
(c) establish a process to decide appeals from denials of declassification
requests submitted pursuant to Section 3-5;
(d) establish a program to familiarize agency and other personnel who
have access to classified information with the provisions of this Order and
implementing 'directives. This program shall impress upon agency personnel
their responsibility to exercise vigilance in complying with this Order. The
program shall encourage agency personnel to challenge, through Mandatory
Review and other appropriate procedures, those classification decisions they
believe to be improper;
(e) promulgate guidelines for systematic review in accordance with Sec-
tion 3-402;
(f) establish procedures to prevent unnecessary access to classified infor-
mation, including procedures, which require that a demonstrable need for
access to classified information is established before initiating administrative
clearance procedures, and which ensures that the number of people granted
access to classified information is reduced to and maintained at the minimum
number that is consistent with operational requirements and needs; and
(g) ensure that practices for safeguarding information are systematically
reviewed and that those which are duplicative or unnecessary are eliminated.
5-405. Agencies shall submit to the Information Security Oversight Office
such information or reports as the Director of the Office may find necessary to
carry out the Office's responsibilities.
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5-5. Administrative Sanctions.
5-50l. If the Information Security Oversight Office finds that a violation
of this Order or any implementing directives may have occurred, it shall make
a report to the head of the agency concerned so that corrective steps may be
taken.
5-502. Officers and employees of the United States Government shall be
subject to appropriate administrative sanctions if they:
(a) knowingly and willfully classify or continue the classification of infor-
mation in violation of this Order or any implementing directives; or
(b) knowingly, willfully and without authorization disclose information
properly classified under this Order or prior Orders or compromise properly
classified information through negligence; or
(c) knowingly and willfully violate any other provision of this Order or
implementing directive.
5-503. Sanctions may include reprimand, suspension without pay, remov-
al, termination of classification authority, or other sanction in accordance with
applicable law and agency regulations.
5-504. Agency heads shall ensure that appropriate and prompt corrective
action is taken whenever a violation under Section 5-502 occurs. The Director
of the Information Security Oversight Office shall be informed when such
violations occur.
5-505. Agency heads shall report to the Attorney General evidence re-
flected in classified information of possible violations of Federal criminal law
by an agency employee and of possible violations by any other person of those
Federal criminal laws specified in guidelines adopted by the Attorney General.
SECTION 6. GENERAL PROVISIONS.
6-1. Definitions.
6-101. "Agency" has the meaning defined in 5 U.S.C. 552(e).
6-102. "Classified information" means information or material, herein
collectively termed information, that is owned by, produced for or by, or
under the control of, the United States Government, and that has been
determined pursuant to this Order or prior Orders to -require protection
against unauthorized disclosure, and that is so designated.
6-103. "Foreign government information" means information that has
been provided to the United States in confidence by, or produced by the
United States pursuant to a written joint arrangement requiring confidentiality
with, a foreign government or international organization of governments.
6-104. "National security" means the national defense and foreign rela-
tions of the United States.
6-105. "Declassification event" means an event which would eliminate the
need for continued classification.
6-2. General
6-201. Nothing in this Order shall supersede any requirement made by or
under the Atomic Energy Act of 1954, as amended. "Restricted Data" and
information designated as "Formerly Restricted Data" shall be handled, pro-
tected, classified, downgraded, and declassified in conformity with the provi-
sions of the Atomic Energy Act of 1954, as amended, and regulations issued
pursuant thereto.
6-202. The Attorney General, upon request by the head of an agency, his
duly designated representative, or the Director of the Information Security
Oversight Office, shall personally or through authorized representatives of the
Department of justice render an interpretation of this Order with respect to
any question arising in the course of its administration.
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 THE PRESIDENT
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6-203. Executive Order No. 11652 of March -8, 1972, as amended by
Executive Order No. 11714 of April 24, 1973, and as further amended by
Executive Order No. 11862 of June 11, 1975, and the' National Security
Council Directive of May 17, 1972 (3 CFR 1085 (1971-75 Comp.)) are re-
voked.
6-204. This Order shall become effective on December 1, 1978, except
that the functions of the Information Security Oversight Office specified in
Sections 5-202(d) and 5-202(f) shall be effective immediately and shall be
performed in the interim by the Interagency Classification Review Committee
established pursuant to Executive Order No. 11652.
THE WHITE HousE,
forte 28, 1978.
EDTr0R1AL Nos: The President's statement of June 29, 1978, on issuing Executive Order
-12065. is printed in the Weekly Gompilauon of Presidential Documents (vol. 14, No.-26).
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 THE PRESIDENT
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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
June 28, 1978, entitled "National Security Inforrriation", 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 }'fled 6-29-78; 4:19 pm]
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