PROGRESS REPORT IMPLEMENTATION OF EXECUTIVE ORDER 11652 ON CLASSIFICATION, DECLASSIFICATION AND SAFEGUARDING NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77-00389R000100080020-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: February 25, 2002
• Sequence Number: 20
• Publication Date: February 27, 1973
• Content Type: REPORT

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2/27/73
PROGRESS REPORT
Implementation of Executive Order 11652
on Classification, Declassification and Safeguarding
National Security Information
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This Progress Report is intended to evaluate progress achieved
by the Interagency Classification Review Committee (ICRC) in monitor-
ing implementation of Executive Order 11652, since it became effective
on June 1, 1972. Although this Committee believes there is substantial
basis for optimism regarding. the success of the program to date, the
real test of its success will require a considerably longer time span.
By this the Committee does not intend to suggest it will ignore areas
where immediate improvement can be achieved, but rather to point
out that time is required to carry out changes as extensive as those
directed by President Nixon's Order.
During its first six months, the ICRC has emphasized the develop-
ment of sound procedures for dealing with security classification
problems and the establishment of a viable reporting system for
evaluating departmental classification programs. We believe the
Executive Order and implementing National Security Council Directive
provide a solid framework upon which to build.
Specifically, the ICRC has focused its attention upon reduction in
Government officials with classification authority, review and approval
of departmental implementing regulations, establishment of a quarterly
reporting system, implementation of the data index requirement, and
education of Federal employees on changes adopted by the new Order.
.In the pages which follow, we have detailed the Committee's actions
in each of these areas with emphasis on continuing problems and
proposed solutions.
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The Role of the Interagency Classification
Review Committee
--ICRC is the first White House level
group with overall responsibility for
the security classification program.
The establishment of the Interagency Classification Review
Committee, which is responsible for "overseeing compliance with and
implementation of the Order and programs established thereunder by
each Department, " is one of the important innovations of Executive
Order 11652. The ICRC is required to meet no less frequently than
monthly and is specifically directed to develop means to (a) prevent
overclassification, (b) ensure prompt declassification in accord with
the provisions of the Order, (c) facilitate access to declassified
material, and (d) eliminate unauthorized disclosure of classified infor-
mation. In addition, the Committee is authorized to consider and take
action on complaints from persons within or without the government
with respect to the general administration of the Order including
appeals from denials of declassification requests by Departmental
Committees or the Archivist.
Ambassador John S. D. Eisenhower was appointed by President
Nixon in May, 1972 as Chairman of the Committee. Its members also
include the Legal Adviser of the State Department, General Counsel
of the Defense Department, the Deputy Attorney General, the Assistant
General Manager for Administration of the Atomic Energy Commission,
General Counsel of the Central Intelligence Agency, a member of the
National Security Council staff and the Archivist of the United States.
Ambassador Eisenhower designated David R. Young of the
National Security Council staff as Executive Director. In addition,
a full time staff assistant to the Chairman has been appointed.
The Committee has met regularly since its establishment to
discuss matters of common concern. It has begun to adopt uniform
policies with regard to implementation of the Order and Directive and
to review steps taken by departments in carrying them out. In addi-
tion, the Committee has received three appeals from denials of
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declassification requests by Departmental Committees. On the basis
of its first decision, the Top Secret Gaither Report of November, 1957
was declassified and released to the public.
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Reduction of Officials
With Authority to Classify
--64% reduction in all authorized classifiers
(exclusive of CIA) - Top Secret, Secret and
Confidential = from 49, 614 to 17, 976.
-69% reduction in authorized Top Secret
classifiers (exclusive of CIA)
Since June 1, 1972 the number of officials with authority to
classify in the Federal Government has been reduced 64% from
49, 614 to 17, 976 (CIA has reduced total classifiers by 20%0). The
.number of officials with Top Secret authority (and accordingly with
authority to exempt from the General Declassification Schedule) has
been reduced 69% from 3, 634 to 1, 110 (CIA has reduced Top Secret
classifiers by 77%). A breakdown by departments is attached at
Appendix A.
Further reductions are anticipated as the ICRC's evaluation of
departmental classification requirements continues. The ICRC is very
much concerned that the number of officials with Top Secret classify-
ing authority be kept to the absolute minimum in order to avoid
excessive exemptio.n of classified material from automatic declassifi.-
cation schedules. At the Committee's request all of the major
departments were asked to review their authorized Top Secret
classifiers to determine whether additional reductions could be
achieved. Significant additional reductions in subsequent reports have
been recorded by the State Department, the Agency for International
Development, and the General Services Administration.
Other departments where additional reductions appear appropriate
have been asked to re-evaluate the number of officials granted classifi-
cation authority to determine whether further reductions can be
realized. The" ICRC also anticipates utilizing the data index (see
Section VIII, infra) to review other areas of possible reduction.
The ICRC is concerned lest there be extensive proliferation of
classification authority on the basis of classification guidelines. Such
guides are used by the Atomic Energy Commission, the Defense De-
partment, the Central Intelligence Agency and other agencies,
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particularly in connection with defense contract work. In the Defense
Department any individual is authorized to classify on the basis of
an authorized classification guide. Such guides are utilized in
major weapons programs or other areas. By contrast, in AEC
only authorized persons can classify pursuant to a classification
guide. The Defense Department is weighing whether it should follow
the approach adopted by AEC. Consideration is also being given to a
recommendation by the ICRC that the Office of Management and
Budget make classification review (as reflected in authorized guides)
a part of program cost evaluation. The cost associated with industry
classification may justify such action.
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Establishing Individual Accountability
for Classification Actions
--Current lists of authorized classifiers
by name and position are maintained by
all departments and submitted to the
ICRC on a quarterly basis.
The reduction in authorized classifiers reflected in the previous
discussion involves more than simply a victory of numbers. In the
Committee's view the single most important achievement of
Executive.Order 11652 is the principle of individual accountability it
establishes.
The Order provides that, "Each person possessing classifying
authority shall be held accountable for the propriety of the classifica-
tions attributable to him. " This provision is given teeth by requiring
each department to maintain and submit to the ICRC on a quarterly
basis a current list by name and title of those officials designated in
writing to have classification authority. Moreover, every classified
document is required to carry the identity of the official authorizing
its classification.
The record lists referred to are currently being maintained.
Because of the number of individuals involved and the rapid personnel
turnover, the Defense Department maintains its list by title and organi-
zation. Accordingly, position rather than name is reflected on its
classified documents. The Defense Department is giving consideration
to the establishment of a notification procedure through its personnel
officers, advising incoming and outgoing personnel of their current
classification authority.
In order to emphasize the individual responsibility of each
classifier, the Chairman of the ICRC proposes to address a personal
letter to each of the individuals authorized to classify Top Secret,
outlining the important provisions of the Order and Directive.
Instances of improper classification are being reported to the
individuals responsible when they are discovered. When coupled with
adequate departmental inspection programs, the Committee's ability
to hold an individual responsible will be an effective deterrent to
classification abuse.
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Approval of Departmental
Regulations
--The ICRC has reviewed and approved
the implementing regulations of all 34
departments affected by the Order.
--All departments whose regulations
have been approved have published the
portions affecting the general public in
the Federal Register.
The ICRC has reviewed and approved all departmental regulations
which are required to be adopted implementing the Order and Directive.
The 34 departments or agencies involved arc those having authority to
originate classified documents under the new Order or having previously
originated classified documents under. Executive Order 10501, as
amended. No regulations were required from the United States Small
Business Administration or the Subversive Activities Control Board
because neither had ever exercised its classification authority.
The above departments are further required upon approval of
such regulations to publish in the Federal Register (and ultimately in
the Code of Federal Regulations) those portions which affect the general
public. As a minimum the ICRC has required publication of those sec-
tions dealing with (1) persons with authority to classify (if appropriate);
(2) the Departmental Review Committee; (3) mandatory review procedures
and (4) access for historical researchers.
Appropriate portions of 31 of the 34 approved regulations have
appeared in the Federal Register prior to this date, The publication
.requirement was waived in the case of the Tennessee Valley Authority
because all documents classified prior to June 1, 1972 were declassi-
fied and the TVA no longer has authority to originate classified
documents. (The documents declassified were World War II protection
plans for 28 of the TVA's major hydroelectric and steam generating
plants. )
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