EXECUTIVE ORDER 12065: NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001700060003-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 16, 2016
• Document Release Date: November 16, 2004
• Sequence Number: 3
• Publication Date: June 30, 1978
• Content Type: MF

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0GC 78-42'82
ON #78-237 J
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
Director, Eaual Employment Opportunity
Legislative Counsel
Inspector General
Comptroller
Director of Public Affairs
Executive Secretary
SUBJECT Executive Order 12065? National Security
Information
Attached for your information are an advance copy and a
White House summary of the new Executive order on Government
classification procedures. This Order, which replaces
Executive Order 11652, becomes effective on 1 December 1978.
The NSC staff also has been drafting a directive to implement
the Ora,,-r-, and I expect it will be circulated for revievh
within the next few weeks. If you have any questions or
comments, please do not hesitate to contact me at extension
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Administration of fintmy Carter, 1978
Senator Sparkman just carne in. I
wanted to recognize hirn. Senator, would
you stand up' Virginia-thank you very-
rtntch--and Congresswoman Virginia
Smith. We are very eager and pleased to
have the Members of Congress partici-
pate thoroughly, because there could not
possibly be a more representative group.
And their voice can be heard almost irn-
rnediately over the courttly collectively,
and they can also give us what these chil-
dren have just given us, a very good feed-
back from the children around the
Nation. We're not just teachers but we
are also students.
Both these letters, I notice, express the
children's hope for peace, which is obvi-
ously the prime hope of all of us.
Thank you very much.
NOTE: The President spoke at 1:3.5 p.m. in
the hose Garden at the White I-louse.
National Advisory Committee
on juvenile justice and
Delinquency Prevention
Appointment of SSeven Members.
June 28, 1978
The President today announced the
appointment of seven persons as members
of the National Advisory Committee on
Juvenile Justice and Delinquency Pre-
vention. They arc:
C. Jo.E:rll Axnsnssoa, a Terre 11aute, Ind.,
attorney and former judge of the Vigo
County (Ind.) Circuit Court. He is a for-
mer high school teacher, deputy prosecutor,
and State legislator;
KENNETH McCI.txTOCr;-I-it.xNANOEZ, of Sant
Juan, P.h., a law student at Tulane Law
School, who has been active in civic and
political activities relating to youth in
Puerto Rico;
Rox LE'Fl.otct:, a center fielder for the Detroit
Tigers and author of the antuLiograpliy
"Breakout";
June 29
D. LAVHRxr I'rr:Rce, of Salem, Oreg., a con-
sultant to the Marion-Polk-Yam hill Coun-
cil on Alcoholism, where she: is designer of
a comrnuuity alcohol education plan. She is
former executive director of a free medical
clinic and is the chairperson of the Oregon
juvenile justice Advisory C:ouunittee;
KExxLTn F. Scaror.x, conunissioner of the
Minnesota State Dcpartruent of Corrections
and a former parole agent and psychiatric
social worker;
DAVID TULL, of the Bronx, New York City,
a student at State University College at Buf-
falo, a former youth ,,an,- leader, and presi-
dent of the Third World, a coalition of
gangs working to improve living conditions;
742.r(-.e unA1.L, a juvenile court referee in Pirrra
County, Ariz., and mernher of the Arizona
Juvenile Justice and Delinquency Preven-
tion Advisory Committee.
National Security Information ,
Statement on Issuing Executive Order 12095
June 1'T, Tj7d
I atn pleased to sign the Executive order
revamping the Government's security
classification System.
The public is entitled to know as touch
as possible about the Government's ac-
tivities. Classification should be used only
to protect le(ritin'tate national security se-
crets and never to cover up mistakes or
improper activities.
While some material must be classified,
the Government classifies too much infor-
mation, classifies it too highly and for too
long. These practices violate the public's
right to know, impose unnecessary costs,
and weaken protection for truly sensitive
information by undertuiuirrg respect for
all classification.
The new order will increase openness
in Government by :mrttn~~ c as'stfic:ttion
and acre -ratio-, declassification: At the
same tinge, it will improve protection for
iufnrnratiort that needs to he, kept secret.
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June 29 Administration of Jimmy Carter, 1978
The standard for classification has been
tightener .: , c ocutnr ut. is to to c asst Iec
unless its release reasonably could be ex-
pected to cause identifiable damage to the
national security. Insignificant damage is
not a basis for classification. In addition,
the number of agencies and officials with
cl.;ssification aut tortty is Bern ,: re( ucecl.
Delegation of sue t aut tortty s ft l elcd
to a Inlnnllut l-t.
early.as na tona security permits. Under
t to new order, most documents will he
declassified after no more than 6 years.
Only agency heads and officials with "Top
Secret" classification authority may clas-
sify for a longer period and only by indi-
cating why classification will remain nec-
essary despite the passage of time. With a
few exceptions, the documents given ex-
tended classification will be declassified
after no more than 20 years. The millions
of documents classified under prior orders
that are over 20 years old will be reviewed
and--in almost all
quickly as possible.
I expect all officials
procedures and the others set out ill the
new order. But experience has taught us
that strong oversight is needed, both to
make the classification system as open as
possible and to safeguard properly classi-
fied documents. Each agency that handles
classified information should take care to
ensure that its personnel understand and
follow the new procedures.
In addition I have created an Informa-
tion Security _Oversight.OfIice to provide
overall supervision: This Office will have
authority to review a~rertcies' procedures
and files. It can overrule their regulations
and their decisions on classification of in-
dividual documents, subject to appeal to
the t t i t ro n a ec_urtty ourtcl . ie t77fice
will report regularly to the fNSC and to
National Security Information
L ecuiwe Order 12065. June 28, 1978
By the authority vested in me as Presi-
dent by the Constitution and laws of the
United States of Ameria, in order to bal-
anc(,. the public's interest in access to
Government information with the need to
protect certain national security inforrna-
t.ion front disclosure, it is hereby ordered
as follows:
SI-C;TION 1 . ORIGINAL CL.AS SI FicATlOx
1-1 Classification Designatir,n_ 1195'
1-2 Classification A ithority__ 11!15
1-3 Clarification Rcquire-
ntcnts 1196
1-4 Duration of Classification- 1197
1-5 Identification and Mark-
rngs -----------------
1-6 Prohibitions
ECTION 2. DERIVATIVE CLASSIFICA-
TION
1197
1198
2--1 Use of Derivative Classi-
fication -------------- 1198
2-2 Classification Guides-___ 1199
2--3 few Material-----------.- 1199
EDITOR'S NOTE: The page numbers of the
above table of contents reflect page citations in
this publication. The page numbers which they
replace were references to pages in the
original document.
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me on comp)iance with the order. The
Office is is key clement to the new clas-
s ificatioti system, and it will have my
strong support.
In a break from ~rec:edent, this order.
was ra tee ~rf~ consu- tatton felt t several
congressional committees and Private
~rou )s.4 artlcu ar.. ' wish in thank Sen-
ators Ames JoltreLk Joseph B;den,
Edmund Muskie, and--Representatives
-
All documents should he declassified as Eder rcT 1',olandan 2trncuc son
r
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EMBARGOED UNTIL AFTER THE BRIEFING JUNE 29, 1978
Office of the White House Press Secretary
THE WHITE HOUSE
NATIONAL SECURITY INFORMATION
By the authority vested in me as President by the
Constitution and laws 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 Classification Designation
1-2 Classification Authority
1-3 Classification Requirements
1-4 Duration of Classification
1-5 Identification and Markings
1-6 Prohibitions
SECTION 2. DERIVATIVE CLASSIFICATION
2-1 Use of Derivative Classification
2-2 Classification Guides
2-3 New Material
SECTION 3. DECLASSIFICATION AND DOWNGRADING
3-1 Declassification Authority
3-2 Transferred Information
3-3 Declassification Policy
3-4 Systematic Review for Declassification
3-5 Mandatory Review for Declassification
3-6 Downgrading
SECTION 4. SAFEGUARDING
4-1 General Restrictions
4-2 Special Access Programs
.4-3 Access by Historical Researchers and
Former Presidential Appointees
4-4 Reproduction Controls
SECTION 5. IMPLEMENTATION AND REVIEW
5-1 Oversight
5-2 Information Security Oversight Office
5-3 Interagency Information Security Committee
5-4 General Responsibilities
5-5 Administrative Sanctions
SECTION 6. GENERAL PROVISIONS
6-1 Definitions
6-2 General
SECTION 1. ORIGINAL CLASSIFICATION.
1-1. Classification Designation.
1-101. Except as provided in the Atomic Energy Act
of 1954, as amended, this Order provides the only basis
for classifying information. Information may be classified
more
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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 unauthorized 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
delegated 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 Oversight 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:
The President and Chairman, Export-Import
Bank of the United States
The President and Chief Executive Officer,
Overseas Private Investment Corporation
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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 exercise 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 classification
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 believed to require classifi-
cation, the information shall be protected in the manner
prescribed by this Order and implementing directives. The
information 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. Classification Requirements.
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
more
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4
(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
reasonably could be expected to cause at least identifiable
damage to the national security.
1-303. Unauthorized disclosure of foreign government
information or the identity of a confidential foreign source
is presumed to cause at least identifiable 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
sparingly. 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
expected 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 authenticates a document also is
authorized to classify it, no further annotation of identity
is required.
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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 classification
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 specified classes of documents
or information.
1-505. Foreign government information shall either
retain its original classification designation or be assigned
a United States classification designation 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 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, inefficiency, or administrative error,
to prevent embarrassment to a person, organization 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 information 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 document under the Freedom of
Information Act or the Mandatory Review provisions 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. Classi-
fication authority under this provision shall be exercised
personally, on a document-by-document basis.
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1-607. Classification may not be restored to documents
already declassified and released to the public under this
Order or prior Orders.
SECTION 2. DERIVATIVE 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 classi-
fication 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 classifi-
cation so far as practicable 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.
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 classification authority.
Such approval constitutes an original classification decision.
2-3. New Material.
2-301. New material that derives its classification
from information classified 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 classified 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
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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 determines 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 declassi-
fication 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 transfer 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 Section 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 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 Information Security
Oversight Office, and the agency guidelines.
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3-204. After the termination of a Presidential admin-
istration, the Archivist of the United States shall review
and declassify or downgrade all information classified by
the President, the White House Staff, committees or com-
missions 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 con-
siderations permit. Decisions concerning declassification
shall be based on the loss of the information's sensitivity
with the passage of time or on the occurrence of a declas-
sification 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 require-
ments 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 n'ed 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 requests
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 categories of documents or information.
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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 provisions of the Freedom of Information Act shall
be processed in accordance with the provisions of that Act.
3-503. Information less than te-n years old which was
originated by the President, by the White House Staff, or
by committees or commissions appointed by the President,
or by 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 Section 3-501.
Such information over ten years old shall be subject to
mandatory review for declassification. Requests for mandatory
review shall be processed in accordance-with procedures
developed by the Archivist of the United States. These
procedures shall provide for consultation with agencies
having primary subject matter interest. Any decision by
the Archivist may be appealed to the Director of the Infor-
mation Security Oversight 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. No 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-existence 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 downgrading 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. SAFEGUARDING.
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.
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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
Oversight Office, issue and maintain guidelines for systematic
review covering twenty-year old classified information under
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 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 infor-
mation. All information not identified in these guidelines
as requiring review and for which a prior automatic declas-
sification date has not been established shall be declassified
automatically at the end of twenty years from the date of
original classification.
3-403. Notwithstanding Sections 3-401 and 3-402, the
Secretary of Defense may establish special procedures for
systematic review and declassification of classified cryptologic
information, and the Director of Central Intelligence may
establish special procedures for systematic review and declas-
sification of classified information concerning the identities
of clandestine human agents. These procedures shall be con-
sistent, 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 pro-
cedures 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 pro-
visions 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 govern-
ment 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 implemented 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 Declassification.
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 infor-
mation classified under this Order or prior Orders. Except
as provided in Section 3-503, upon such a request the
information shall he reviewed for possible declassification,
provided the request reasonably describes the information.
more
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4-102. All classified information shall be marked
conspicuously to put users on notice of its current clas-
sification 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 classified 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 disposition 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.b"ranch.
4-2. Special Access Programs.
4-201. Agency heads listed in Section 1-201 may create
special access programs to control access, distribution,
and protection of particularly sensitive information clas-
sified pursuant to this Order or prior Orders. Such programs
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 inter-
national agreement, shall terminate automatically 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 Security Oversight Office shall
have non-delegable access to all such accountings.
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4-3. Access by Historical Researchers and Former Presidential
Appointees.
4-301. The requirement in Section 4-101 that access
to classified information 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 interests 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 restricted 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 reproduced 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 dissemination 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, such reproduced
documents that remain classified after review must be destroyed
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.
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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 approval by the President.
The Administrator also shall have authority to appoint 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 declassification 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 implementation 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
to 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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5-3. Interagency Information Security Committee.
5-301. There is established an Interagency Information
Security Committee which shall be chaired by the Director
and shall be comprised of representatives 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 pursuant to this Order or
implementing directives, shall be submitted to the Information
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 uniform 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 program 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 chal-
lenge, through Mandatory Review and other appropriate procedures,
those classification decisions they believe to be improper;
(e) promulgate guidelines for systematic review in
accordance with Section 3-402;
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(f) establish procedures to prevent unnecessary access
to classified information, 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.
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 information 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
wihout pay, removal, 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 reflected 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).
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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 donfidence
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 relations 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 require-
ment 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 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.
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 C.F.R. 1085 (1971-75 Comp.)) are revoked.
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,
June 28, 1978.
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EMBARGOED FOR RELEASE JUNE 29, 1978
AFTER THE BRIEFING
Office of the White House Press Secretary
------------------------------------------ -
THE WHITE HOUSE
Fact Sheet: The new Executive Order on
the Security Classification System
The new Executive Order was drafted by-an interagency study
team led by the National Security Council and Domestic Policy
staffs. The study included consultation with interested Con-
gressional committees and public interest groups. The new
Order replaces Executive Order 11652, which was issued in 1972.
The major changes from Executive Order 11652 are as follows:
(1) Under the old system, a document could be classified
if its unauthorized disclosure could reasonably be
expected to damage national security. Under the new
Order, two tests must be met:
-- the information must fall within one of seven
classification criteria; and
-- the damage must be identifiable.
The word "identifiable" has been added to tighten the
standard -- to prevent classification when the damage
would be insignificant. That change and the addition
of the criteria are intended to make classifiers' decisions
more thoughtful and less automatic.
Six of the criteria outline the subject areas for clas-
sification, such as intelligence sources and the design
of weapons. The seventh allows agency heads to designate
additional, narrow national security areas that may have
been omitted by the first six. This authority will be
used rarely, and each use must be reported to the oversight
office created by the Order.
(2) The new Order requires that most documents be classified
section-by-section, not as a whole.
The Order retains the three-level classification system.
(Top Secret for documents the disclosure of which would
cause exceptionally grave damage to the national security;
Secret for serious damage; and Confidential for identifiable
damage.) Under the old system, most documents were marked
with the highest classification level of any portion. As
a result, much information was unnecessarily classified,
since a document of dozens of pages might have only a few
paragraphs that require classification, but the entire
document would be classified. This problem was compounded
by the fact that most classification is "derivative"--
i.e. based on references to other classified documents.
Under the old system, a new document that referred to
any portion of a classified document would have to be
given the same classification because there was no way
to tell whether the portion was classified.
The new procedure will allow ready identification of
the classification level -- if any -- of each section
of a document. This will avert unnecessary and overly
high classification of many documents. .
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This requirement will be waived for a few categories
of documents where it is unworkable (e.g., computer-
generated items.)
Classification of privately owned documents is forbidden
unless the government acquires a proprietary interest
in them or its creator used classified information, except
as otherwise provided by statute.
(4) Eleven agencies are stripped of classification authority:
(1) Department of Health, Education, and Welfare
(2) Department of Agriculture
(3) Department of Labor
(4) Federal Energy Regulatory Commission
(5) Interstate Commerce Commission
(6) Federal Communications Commission
(7) Civil Service Commission
(8) Civil Aeronautics Board
(9) National Science Foundation
(10) Federal Maritime Commission
(11) Domestic Policy Staff (formerly Domestic Council)
Five other agencies get reduced authority:
(1) Department of Commerce (Top Secret to Secret)
(2) Agency for International Development (Top
Secret to Secret)
(3) Overseas Private Investment Corporation (Secret
to Confidential)
(4) Export-Import Bank (Secret to Confidential)
(5) Council of Economic Advisers (Top Secret to
Secret)
No agency is given increased classification authority.
(These changes apply to original classfication authority --
not derivative classification.)
(5) The new Order restricts the number of officials to whom
classification authority may be delegated and forbids
redelegation. These changes are unlikely to reduce
the number with Top Secret authority (only 1,400 out
of over six million Federal civilian and military employees),
but there should be some reduction in the number with
Secret and Confidential authority (a total of 11,900).
(6) The new Order restricts the use of classification after
a document has been requested under the Freedom of
Information Act (FOIA) or the non-statutory "Mandatory
Review" procedure. In theory, all documents should
be classified when they are written but errors are some-
times made, and agencies need to be able to classify
documents late. At present, there are no restrictions
on classification after an FOIA request. Under the
new Order, only senior agency officials can classify
existing documents in such circumstances. For documents
originated after the Order goes into effect, the authority
is further limited to the agency head and the deputy.
Duration of Classification
(7) The duration of classification-is cut sharply.
Under the old system, an estimated 47% of the documents
classified each year were covered by the General
Declassification Schedule (GDS). These documents were
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automatically declassified after six to ten years,
depending on whether they were Confidential, Secret,
or Top Secret. The other 53% were exempted from GDS
by officials with Top Secret classification authority.
(In theory, such exemptions were limited to four
categories, but the categories were drawn so broadly
they were ineffective, and they were often disregarded
altogether.) Most documents exempted from GDS stayed
classified until they were 30 years old. At that point,
they would be reviewed and declassified, except for
a few items for which agency heads would extend
classification indefinitely.
The new system abolishes GDS and makes the duration
of classification depend on the content.of the infor-
mation, not its classification level. Most documents
will be automatically declassified after six years or
less. Agency heads and officials with Top Secret authority
may set longer terms, but the Order requires them to
state why the document will continue to meet the test
for classification despite the.passage of time. Documents
given longer terms will now be reviewed and declassified
when they are 20 years old instead of 30. As in the
old system, agency heads will extend classification
for a few items, but the new Order requires additional
review every ten years. (The new Order also permits
extended classification for cryptographic materials;
that is the practice at present.)
The new Order makes declassification of old documents
faster and less expensive. It requires agencies to
cooperate with the National Archives in drafting guide-
lines which will let the Archives review and declassify
most documents on its own, without having to forward
them to the agency to review.
The National Archives estimates that the change from
30 to 20 years will result in declassification of an
extra 250 million pages over the next decade. (Without
the change, about 350 million pages would have been
released in that period.) The shift from GDS to six
years will mean faster declassification for millions
more documents when the first items classified under
this Order become six years old.
Declassification Process
(8) The new Order makes it clear that a request for release
of a document cannot be rejected merely because the
document is classified. The agency must examine the
document to see whether its release would still do
identifiable damage to the national security in spite
of the passage of time. It it would not, the document
will be declassified.
(9) For the first time, the declassification process will
include a "balancing test." In appropriate cases the
public's interest in knowing the information is to be
balanced against the need to keep it secret. When the
interest in disclosure is greater, the information will
be released even though its continued classification
is justified.
(10) Agencies are required to declassify information as early
as national security permits and to give declassification
as high a priority as classification. In addition,
the number of officials authorized to declassify will
be increased.
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Other Changes
(11) An Information Security Oversight Office is created
to police the classification system. (At present, there
is an interagency committee which has limited authority.)
The new Office will be located in the General Services
Administration under the supervision of the National
Security Council.
(12) At present, there are hundreds of "special access"
programs (also called "compartments") which restrict
access to highly sensitive classified information.
These programs are expensive to maintain and may prevent
or delay access by policy officials who really need
the information. In addition, the proliferation of
these programs has reduced their protection value.
The new Order allows agencies to continue such pro-
grams -- they are needed in special cases -- but it
will reduce their number. Henceforth, these programs
may be continued or created only upan a written finding
of necessity by an agency head.. k "sunset" provision
will terminate each program after five years unless
a new determination of need is made.
(13) Agencies are required to impose administrative penalties
for unnecessary or excessive classification and for
disclosure or compromise of properly classified information.
The new Order also creates procedures to assure that
violations of law are reported to the Justice Department.
(14) The new Order tightens administrative restrictions on
copying and dissemination of classified documents,
including a requirement that records be kept of all
copies Top Secret documents and certain others.
(15) Special treatment is provided for national security
information obtained in confidence from foreign govern-
ments or international organizations. Such information
will be presumed to meet the test for classification
and may be classified for up to 30 years instead of
20. All the other requirements of the new Order apply,
however. This provision was added because most allied
governments are more restrictive than the U.S., and
without such special treatment they might stop supplying
us with valuable information.
(16) The use of classification to conceal violations of law
is forbidden.
(17) The new Order says that classification may not be restored
to documents once they are officially released to the
public.
(18) The new Order forbids the use of classification to limit
dissemination of information that does not merit clas-
sification or to prevent or delay the public release
of such information.
(19) Agencies are required to establish classification guides
to promote uniformity in classification level and
duration.
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