E. O. 11652

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000500020002-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 16, 2016
• Document Release Date: May 6, 2005
• Sequence Number: 2
• Publication Date: May 12, 1975
• Content Type: NOTES

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12 May 1978
NOTE FOR: Mr. Robert W. Gambino
Chairman, DCI Security Committee
FROM: I Executive Secretary, DCI Security Committee
SUBJECT: E.O. 11652
1. Here is the latest copy of the replacement E.O. 11652. The
President is expected to sign it on 24 May 1978. Anticipated effective
date is 1 December 1978.
2. fix pn. r Ue.5.t_ for exemption to declassification pro-
cedures including exemption to review material subject to compartmentation
under international agreement is adequate.
3. There is nothing here that would support NSA's suggestions
to hold off on some of our NFIB action items.
4- The drafting of implementing actions is going well according
to I I sources. There is some observation by those doing
the drafting that the lawyers lack the professional substantive
knowledge necessary. Since fundamental security issues are involved,
Xou shoul at any chance you get, sort a,a.-posi.tion-which ho-lds__that
subsea P eXR~rts are._re gired m w..., _Fdit l WYQrs should_,be.y rel ated
to an advisor role.
5. This would be a natural assignment for the Community Security
Staff, but since we are not yet legal yQ.u_might-consider suggesting-to
Mr. Blake a wi t i ngn $s__t.o ._ap.pQjntsomeon.P,..tn _i role _from _,the Ol Il Qe
of __Securi ty.
6. Unless we hear otherwise by 1630 hours on 12 May, I will inform
that SECOM has no objections. Nitpicking may come later, but
for now, I think the Community has to live with this.
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DRAFT
May 3, 1978
NATIONAL SECURITY INFORMATION
- 4.
By virtue of the authority.vested in me 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:
TABLE OF CONTENTS
Section Description
1. Defiuitions ................................. 2
2. Original Classification ..................... 2
(a) Classification Designation ..............2
(b) Classification Authority ............... 4
(c) Classification Requirements ............ 6
(d) Limitation on Duration of
Classification .....................
Classification Identification and
Marking .............................
(f) Prohibitions ...................
3. Derivative Classification of Information ...
4. Declassification and Downgrading ............ 10
(a) Declassification Authority ............. 10
(b) Authority Over Transferred Information..11
(c) Declassification Policy ............. ....11
(d) Declassification Requirements ..........
(e) Systematic Review for Declassification .
(f)
Mandatory Review for
Declassification ..................
(g) Downgrading ............................
5. Safeguarding .................................
(a) General Restrictions on Access .........
.
(b) Special A-ecess Programs ................
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(c) Access b}* Historical Researchers and Former
Presidential Appointees .................
(d) Reproduction Controls ........................
6. Implementation and Review .........................
(a) Information Security Oversight Office ........
(b) Interagency:Information,Secur1ty'_Committee ...
(c) Agencies with Original Classification
Authority ........... ..................
(c) Agencies without Original Classification
Authority ...............................
Administrative Sanctions ..........................
8. Atomic Energy Information or Material .............
Interpretation of the Order ...........R"...........
10. Revocation of Prior Orders and Directives ..........
(a) "Agency" has the meaning defined in 5 U.S.C. 552(0--
(b) (b) "Classified information; means information or material
(hereinafter collectively termed "information"') that is owned by,
produced for or by, or under the control of the United States Gove,ra--
meat; and that has been determined pursuant to this Order:-to require
protection against unauthorized disclosure; and is so designated.
(c) "Foreign government information" means information that. has
been provided to the United States in confidence by, or produced by the
United States pursuant to a joint arrangement requiring confidentiality
with, a foreign government or international organization of governments
or an official of either.
(d) "National security" means the national defense and foreign
relations of the United States.
(e) "Declassification event" means an event, the occurrence of
which would eliminate the need for continued classification.
Section 2. Original.Classification.
(a) Classification Designation. 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 in one
of the three designations listed below. If there is reasonable doubt
as to which designation is appropriate, or whether the information
should be classified at all, the less restrictive treatment should
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be designated.
(1) "Top Secret" shall be applied only to information, the
unauthorized disclosure of which reasonably could be expected to
cause exceptionally grave damage to the natiopa. security.
(2) "Secret" shall be applied only to information, the unauthorized
disclosure of which reasonably could be expected to cause serious
damage to the national security.
(3) "Confidential" shall be applied only to information, the
unauthorized disclosure of which reasonably could be expected to cause
identifiable damage to the national security.
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(b) Classification Authority.
(1) 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 the provisions
of subsection (1, )? below;
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army 0
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General of the United States
The Secretary of Energy
The Chairman, Nuclear Regulatory Commission
The Director, Arms Control and Disarmament Agency?
The Director of Central Intelligence
The Administrator, National, Aeronautics and Space Administration
The Administrator, General Services Administration (delegable
only to the Director, Federal Preparedness Agency and to the
Director, Information Security Oversight Office.)
(2) Secret. Authority for original classification of infor-
mation as "Secret" may be exercised only by. such officials as the
President may designate by publication in the Federal Register, by the
Agency heads listed below, by officials who have "Top Secret" classi-
authority is delegated
fication authority and by officials to whom such / in accordance with.
the provisions of sub-section (4):
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The Secretary of Transportation
The Administrator, Agency for International Development
The Director, International Communications Agency
(3) Confidential. Authority for original classification of
information as "Confidentia;l" .may be..exercised' oaly 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 subsection (4):
The President and Chairman, Export-Import Bank of the United Staten
The President and Chief Executive Officer, Overseas Private
Investment Corporation
(4) Limitations on Delegation of Classification Authority.
(i) Authority for original classification of information as
"Top Secret" may be delegated only to principal subordinate officials
determined by the President or by Agency heads listed in subsection (1)
above to have a frequent need to exercise such authority.
(ii) Authority for original classification of information as "Secret"
may be delegated only to subordinate officials determined-by the
President, by agency heads listed in subsections (1) and (2) above
and by officials with "Top Secret" classification authority to have
frequent need to exercise such authority.
(iii) Authority for original classification of information as
"Confidential" may be delegated only to subordinate officials determined
by the President, by agency heads listed in subsections (1), (2) and
(3) above, and by officials with "Top Secret" classification authority
to have frequent need to exercise such authority.
(iv) Delegated original classification authority may not be
redelegated.
(v) Each delegation of original classification authority shall
be in writing.
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(vi) Delegations of original classification authority shall be
held to an absolute minimum. Administrative convenience is not a valid
basis for such delegations. Periodic review of such delegations shall
i
be made to ensure that the officials so designated have demonstrated
a continuing need to exercise-such authority.
(5) Exceptional Cases. When an employee or contractor of are agency
that does not have original classification authority originates informa-
tion believed to require classification, the information shall be
protected in the manner
/prescribed by this Order and implementing directives. The information
shall be transmitted promptly
appropriate safeguards to the agency which has appropriate subject
matter interest and classification authority. That agency shall decide
within 30 days whether to classify the 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 6 for a determination.
(c) Classification Requirements.
(1) Information may not be classified unless an original classifica-
tion authority.determines both: (1) that the information falls into
one or more of the criteria set forth in subsection (3) below; and (2)
that unauthorized disclosure of the information reasonably could be
expected to cause at least identifiable damage to the national security.
(2) Unauthorized disclosure of foreign government information
or the identity of a confidential foreign source is presumed to cause
at least identifiable damage to the nation-ai security.
(3) Information may not be considered for classification unless
it concerns:
(i)
(ii)
(iii)
military plans, weapons, or operations; or
foreign government information; or
intelligence sources or methods; or
(iv)
foreign relations or foreign activities of the United
(v)
scientific, technological, or economic matter's relating to.'
(vi)
the national security; or
other matters determined by the President,
a person designated
by the President pursuant to Sec. 2(b)(1) or an agency head
-.to be related to national security and to require protection
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against unauthorized disclosure.
(4) Each determination under criterion (vi) above shall
be reported when it is made to the Director of the Information Security
Oversight Office.
d)
(1)
Limitation on
.of 'Classifica`tion.
Except as permitted in paragraph (2) below, at the time of
original classification each original classification authority shall
set a date or event for automatic declassification no more than six years
later.
(2) Only officials with Top Secret classification authority'
and agency heads listed in Section 2(b) may classify information
for more than six years from the date of original classification.
This authority shall be used sparingly. In such cases, a declassifica-
tion date'or event or a date for review shall be set as early
as national security permits. This date or event 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.
(e) Classification
ntification and Markin &.
(1) At the time of origination, the following shall be shown on the
face of paper copies of all classified documents: (i) the identity
of the original classification authority; (ii) the office of origin;
(iii) the date-of the document's classification; (iv) the date or event
for declassification or review; and (v) one of the three classification
designations defined above. Documents classified for more than six years
also shall be marked with the identity of the official who authorized
the prolonged classification and the reason classification is expected
to remain necessary despite the passage of time. These markings may be
by reference to criteria set forth in agency implementing regulations.
When the individual who signs or otherwise authenticates a document also
is authorized to classify it, no further annotation of identity is required.
(2) Only the designations presribed 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."
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(3) 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,ma,y, for good cause, grant
and revoke waivers of this requirement for specified classes of
documents or information.
(4) Foreign government information either shall retain its
original classification designation or be assigned a United States
classification designation that shall assure a degree of protection
equivalent to that required by the entity that furnished the information.
(5) Classified documents that contain or reveal information
that is subject to special dissemination and reproduction limitations
authorized'under this Order shall be marked clearly so as to place the
user on-notice of the restrictions.
(f) Prohibitions.
(1) Classification may not be used to conceal violations of
law, inefficiency, or administrative error, to prevent embarrassment
to a person, organization or agency, or to restrain competition.
(2) Basic scientific research information not clearly related
to the national security may not be classified.
(3)
A product of non-government research and development
that does not incorporate or reveal classified information to which
the producer or developer was given prior access may not be classified
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 (45 U.S.C. 181-188).
(4). References to classified documents that do not disclose
classified information may not be classified or used as a basis for
classification.
(5) Classification may not be used to limit dissemination of
information that is not classifiable under the provisions of this
Order, or to prevent or delay the public release of suc.h.information.
(6) 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 provision of this Order (Section 4(f)), unless such classification
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is consistent with this Order and is authorized by the agency head.
Documents originated before the effective date of this Order and subject
to such a request also
may-be classified under this Order by the senior
official designated to oversee the agency information security
program and by officials with Top Secret classification authority.
Classification authority under this paragraph shall be exercised
personally, on a document-by-document basis.
(7)
Classification may not be restored to documents already
declassified and released to the public under this Order or prior
Orders.
Section 3. Derivative Classification of Information.
(a) Original classification authority shall not be given to
persons who only reproduce, extract or summarize classified information
or who only apply classification markings derived from source material
or as directed by a classification guide. Persons who apply such
derivative classification markings shall (1) respect classifications
assigned by originators; (2) verify the information's current level
of classification so.far as practicable before applying the markings;
(3) carry forward to any newly created documents the assigned dates or
events for declassification or review and any additional authorized
markings, in accordance with subsections (b) and (c) below.
A single marking may be used for documents based on multiple sources.
(b) Classification guides used to direct derivative classification
shall specifically identify the information to be classified.
A decision to identify information for protection in this manner
constitutes an original classification decision. 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. Each such guide shall be approved personally and
in writing, by an agency head listed in Section 2(b) or by an official
with Top Secret classification authority.
(c) 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.
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(d) New material that derives its classification from information
classified under prior Orders shall be treated as follows:
(1) 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.fo'rward on. the new material.
(2) 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.
(3) 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 4. Declassification and Downgrading
(a) Declassification Authority. The authority to declassify
or downgrade information classified under this or prior Executive
orders shall be exercised as follows:
(1) Classified information may be declassified or downgraded
by the official who authorized the original classification if that
official is still serving in the same position, by a successor, or by
a supervisory official ofeither.
(2) Agency heads named in Section 2(b) shall designate additional
officials at the lowest practicable. echelons to exercise declassification
and downgrading authority.
(3) When the Director of the Information Security 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 declassification. Any 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 appeal, whichever occurs first. The
same procedure shall be followed when the Director declassifies information
pursuant to the appellate function in Section 4(f)(2).
(4) 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
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(b) Authority Over Transferred Information.
(1)
For c' a ified information transfers-! in cor_!una.ion t
a. :: ryznsfer of function -- not
merely for storage purposes -- the receiving- Agency shall be ve :ed tc
be the originating Agency for all' purposes undex this Order.
(2) For classified information not transferred in acca; fiance
with subsection (1) above, but originated in an Agency which has
ceased to exist, each Agency in possession shall be deemed to be the
originating Agency for all purposes under this Order. Such informa-
tion. may be declassified or downgraded.by the Agency in possession
after consulting with any other Agency having an interest in the
subject matter.
(3) C-lassified 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 Agency guidelines.
(4)' After the termination of a Presidential administration, the
Archivist of.the United States may review and'-
declassify or downgrade-all information classified by the President,
the White House staff, committees or commissions appointed by the
President or others acting on the President's behalf. This authority
shall be exercised only after consultation with the agencies having
primary subject matter interest. Any decision.by the Archivist may be
appealed to the Director of the Information Security Oversight '4fice
(c) Declassification Policy.
(1) Declassification of classified information shall be given
emphasis comparable to that accorded classification. Information
classified pursuant to this and prior Orders shall be declassified as
early as national security considerations permit. Decisions concerning
declassification shall be based on the loss of the information's
sensitivity with the passage of time or the occurrence of an event which
would.make continued classification unnecessary.
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 (2 ) Whet r ved Pq3re%Ap on,
it shall be declassified unless the declassification authority established
in Section 4(a) determines that the information continues to meet the
standards for classification prescribed in Section 2(c) despite the
passage of time.
pn
(3) It is presumed thatineormati.on which; continues to meet the
standards for classification in Section 2(c) requires continued protection.
In some cases, however, the need to protect such information may be
outweighed by the public interest in 'disclos'ure of the information, and in
these cases the information should be declassified. When such questions
arise, they shall be referred to the agency head; or the senior agency
officials with responsibility for processing Freedom of Information Act
requests and Mandatory Review requests under this Order; or officials
with Top Secret classification authority; or the Archivist of the
United States in the case of material covered in Section 4(f)(2). That
official will determine whether the public interest in disclosure outweighs
the damage to national security that might reasonably be expected from
disclosure.
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(1J U 1~~ C l ~ :~
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(e) Systematic Review for Declassi#icaton.
(1) Classified information constituting permanently valuable
records of the Government as defined by 44 U.S.C. 2103 and information
in the possession and control of the Administrator of General Services
pursuant to 44 U.S.C. 2107.-or 2107 note'shal'l b_e reviewed for
declassification as it becomes 20 years old. Agency heads listed in.
Section 2(b) and officials designated by the President pursuant to
Section 2(b)(1) of this Order may extend classification beyond 20
years, but only in accordance with Sections 4(c) and 4(e)(2). , This
authority may not be delegated. When classification is extended
beyond 20 years, a data for declassification or the next review no
more than 10 years later shall be set and marked on the document.
Subsequent reviews for declassification shall be set at no more than
10 year intervals. The Director of the Information Security Over-
sight Office may extend the period between subsequent reviews for
specific categories of documents or information.
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 2 )' vjIR:rpMecitv6" I ep.~ e34%ffl hey' - ' ' 8 9aff ?09582P?1 4 Order,
the agency heads listed in Section 2(b) 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 20--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
20 years is needed. These guidelines shall be authorized for use by
may, upon approval of the issuing authority, be used
the Archivist of the United States and/by any Agency having custody of
the information. All information not identified in these guidelines
as requiring review and for which a prior automatic declassification
date has not been established shall be declassified automatically at
the end of 20 years from the date of original classification.
(3) Notwithstanding Section 4(e)(1) and (2), the Secretary of
Defense may establish special procedures for systematic review and
declassification of. classified cryptologic information produced by
units of the Department of Defense. These procedures shall be con-
sistent, so far as practicable, with the objectives of Section 4 (e)
(1) and (2). They shall be approved by the Director of the Infor-
mation Security Oversight Office and, with respect to matters pertaining
to intelligence sources anethods, shall bpy?i,eweythe Director
of Central Intelligence prior to implementation. Any decision by
?
the Director of the Information Security Oversight Office 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 appeal, whichever occurs first.
(4) Foreign government information shall be exempt from auto-
matic declassification and 20 year systematic review. Unless declassi-
fied earlier, such information shall be reviewed for declassification
30 years from Its date of origin. Such:reyiew.shall be in.acc.ordance
with the provisions of Section 4(c)-and with guidelines developed by
agency heads in consultation with the Archivist of the United States
and, where appropriate, with the foreign government or international
organization concerned. _
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 (5)
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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.
(f) Mandatory Review for Declassification.
(1) Except as provided in '(2) below, iiifbrmation classified
pursuant to this Order or prior Orders shall be reviewed for
possible declassification upon request of a member of the public, a
government employee or an agency, provided the request is sufficiently
specific to permit location of the information with reasonable effort.
Requests for declassification under this provision shall be acted upon
within 60 days.
Requests for declassification under the Freedom of
Information Act shall be processed in accordance-with the provisions
of the Act.
(2) Information less than ten years old originated by the
President, the White House staff, or committees or commissions
appointed by the President or others acting on behalf of the President,
including such information in'the possession and control of the
Administrator of General Services pursuant to 44 U.S.C. 2107 or 2107
note is exempted from the provisions of subsection (1) above. Such
information over ten years old, however, shall be subject to mandatory
review for declassification. The processing of such requests for
mandatory review
shall accord with procedures developed by the Archivist of the
United States which shall include consultations with agencies having
primary subject matter interest. Any decision by the Archivist may
be appealed to the Director of the Information Security Oversight Office.
Agencies with primary subject matter interest shall be notified
promptly of the Director's decision and may follow the appeals process
set forth in Section-4(a)(3).
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 (3) Requests for declassification of classified documents
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-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 subsection (1) above and for direct
response to the requestor. The Archivist shax,l inform requestors of
(4) No agency in possession of a classified document may, in
response to a request for the document made under the Freedom of Infor-
mation 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.
(g) Downgrading. Classified information that is marked for
automatic downgrading is downgraded accordingly without notification to
holders. Other classified information may be assigned a lower classi-
fication designation by the originator or by other authorized officials
when such downgrading is appropriate. Notice of such downgrading shall
be provided to holders of the information to the extent practicable.
Section 5. Saf ardinF,.
(a) General Restrictions on Access.
(1) 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.
(2) All classified information shall be marked conspicuously
to put users on notice of its current classification status and, if
appropriate, to show any special distribution or reproduction restric-
tions authorized by this Order.
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 ) Rpproved'F`br Release bb5/b5/2 CIS` 2~1(RbO J'I IIOO ~b~2bO02t4' F="' c`= e
eJ.n: cified information is u::er., processed, ;gym eFl, rr~ .~o :r^ett
c:_,tl transmitted only under condition:; that will
protc.ctioxt and prevent accec by unaut2-bori?ced persons.
( +) Cias.s :i.ed inform. tion no lon6;er needed. in cur:?; d f
v:orki.c-_; files or, for reference or record pur~pr~cc shall be p= o-.
cessed for appropriate disposition in accordance with the provisions
of Chapters 21 and 33 of Ti-tie 44 of the United States Code governing
disposition of federal record
() Classified information disseminated outside the
executive branch shell be given protection equivilent to that
afforded within the executive branch.
(b) Special. Access' Programs.
(1) Agency heads list-ed in Section 2(b )(1) may create special
access programs to control access, distribution, and protection of
particularly sensitive information classified pursuant to this order or
prior Orders. Such programs may be created or continued only by
written direction and only by these 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 4. Special
access programs may to created or continued only on a specific
showing that:
(i) normal management and safeguarding procedures are not
sufficient to limit need-to--know or access;
(ii) the number of persons who will need access will be
reasonably small and commensurate with the objective of providing
extra protection for the information involved; and
(iii) the special access controls balance the need to protect
the information against the full spectrum of needs to use the ir.i or--
nation.
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 19
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(2) All such special access programs shall be reviewed regularly
and, except those required by treaty or international agreement, shall
terminate automatically every five years unless renewed in accordance with
proc;.dt'I?c s in this ,uhsec Lion.
(3) Githin 180 day :,-after the affective, date of this
Order, agency heads shall review all existing
special access programs under their jurisdiction and continue then
only in accordance with the procedures in this subsection. Each of those
Agency heads shall also establish and tiaintain a system of accounting for
special access programs.
The Director of the Information Security O ersigl t Office
shall have. non--delegable access to all such accountings.
(c) Access bzP Historical Researchers and Former Presidential
Appointees. The requirement in Section 5(a)(1) that
access to classified information be granted only as is necessary for the
performance of official duties may be waived with respect to persons who
are engaged in the historical research projects or who previously have
occupied ,policy--making positions to which they were appointed by the PresideTn
provided I that the agency with jurisdiction over the information:
.(I) makes a written. determination that access is con istent
with the interest of national security;
(2) takes appropriate steps to ensure that classified infor-
mation is not disclosed or published without prior review and
declassification;
limited
(3) takes reasonable action to ensure that access
to specific categories of information over which that agency has
classification jurisdiction;
(4) limits the access granted to former Presidential
appointees to items that the person originated, rep: ie-:ed, signed or
received while serving as a Presidential appointee.
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 20
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Reproduction Con~roi. .
Top Secret docum:!nt,s nay not be repracluc.ed tthc cv the
conSe.,t of the oA g!nating agency unless otherwise marked by the
orLcinnting office.
(2) Reprodu:;tio.n of Secret and Confid-crtiG l documents
be restricted by the originating; agency.
(3) Reprca ced copies of classified doacur"ent3 are subject to
the. sahia accountability and controls as the original documents.
(4)
Records shall be maintained* by all agencies: that repro-
duce paper copies of classified documents to show the number and distributiot
of reproduced copies of all Top Secret documents; all documents
covered by special access programs -distributed outside the originating
accordance with Section 2()(5) .
(5)
Subsections (1) and (2) above shall not restrict the
reproduction of documents for the purpose of facilitating review for
declassification. However, such reproduced documents that remain
classified after review must be destroyed after they 'ate used.
Section 6. Implementation and Review.
The National Security Council may review all matters with respect tc
the implementation of this Order and shall provide overall. policy
direction "for the information security program.
(a)
(1)
Information Security Oversight Office.
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.
(2) This 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 anooint a staff
(3) The Director shall:
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agency; and all Secret and Confidential documents marked in
 o L a .s9. e'er c ~ :1 1r 1 .~ u ~ 1
Approved For F~eeleasn,e 2~1~5t/~%~3: 6X-R60511OO~TO~Ob~1f00~2=4
(7 der and implementing directives of the Information Security Oversight
Office.
(ii) consider and take action on complaints and sugges-z.on.s
prOM persons within or outside the Got: er:imen with respect v fli-i
administration of the information security program, includ. ng
appeals from decisions on declassification requ&sts pursuant to
Section 4( f)(2);
(iii) exercise the authority to declassify information pro-'
vided by Sections 4(a)(3) and 4{ f)(2 );
v) develop, in consultation with the agencies, and promul--
gate, subject to the approval of the National Security Council,
directives for the implementation of this Order which shall be
binding on the agencies;
(v). report annually to the President through the Administrator
of General Services and the National Security Council on the
implementation of this Order;
(vi) review all agency implementing regulations and guidelines.
The Director may require any regulation or guideline that is not
consistent with this Order or implementing directives to be changed.
Any 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
appeal, whichever occurs first.
(vii) exercise case-by-case classification authority in
accordance with Section 2(b)(5) and review requests for original classi-
fication authority from agencies or officials not granted original
classification authority under Section 2 of this Order;
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 (viii) have the authority to conduct on-site reviews of the
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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 the above 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 acess shall remain in effect
until the appeal is decided or until one year from the date of the appeal,
whichever occurs first.
(b) Inte-_rsz,eancy Information Security Committee. Thera
is established an Interagency Information Security Commit tee which
shall be chaired.by the'I7irector and shall be comprised of represen-
tatives of the Secretaries of State, Defense, Treasury and Energy,
the Attorney General, the Director.of Central Intelligence, the
National Security Council Staff, the Domestic Policy Staff, and the
Archivist of the United States. Representatives of other agencies
may be invited to meet with the 'Committee on matters of partc.i.cular
interest to those agencies. 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.
(c) Agencies with Original Classification Authority. ach
agency granted original classification authority pursuant to this
Order shall:
(1) Submit to the Information ~ecurity.Oversight Office a
copy of all regulations and guidelines for systematic reviecr adopted
pursuant to this Order and implementing directives. Subsequent
changer. to Agency regulations and guidelines for systematic s evie^r
shall also be forwarded to the Oversight Office.
(2) Develop, to the extent nractica.bles and publish in
the Federal Register unclassified regulations implementing this Order..
I
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 (3) D el p*ov Fmr Fuse j'0( Q51Z3y : GWR@R %0d9 WPt?Qq~029g02i~ L i v e
oversight program to ensure effective implementation of this Order.
(4) Designate a senior agency official or 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.
(5) Establish a process to decide appeals from denials of
declassification requests, pursuant to Section 4(f).
(6) Establish a program to familiarize agency personnel and
others with 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 classification decisions believed to be improper.
(7) Ensure the preparation and px'onulgation of guidelines
.for security classification that will. facilitate the identif'%c.ati.on
and uniform classification of information requiring. protec tiara under
the provisions of this Order.
(8 ) Develop and promulgate
in accordance with Section 4(e)(2).
(9)
(i)
guidelines for systematic review
Take, necessary action to ensure.that:
a demonstrable need for access to classified information
is established prior to the initiation of administrative clearance
procedures, and
(ii) the number of people granted access to classified infor-
mation is reduced to and maintained at the minimum, consistent with
operettional requirements and needs.
(10) Ensure that safeguarding practices are reviewed con-
tinuously and eliminate those that are duplicative :;r unlnectessar-.
(11) Submit to the Information Seci:rity Ovars_~ht 0~ ficY
such information or reports as the Director of t?:o . i ce ay
necessary to carry out the Office's responsibi:Lit3._~'.
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 Approved For Release 2005/05/23 : CIA-RDP82M00591 R000500020002-4
(d) Agencies Without Original Classification Authority.
Each Agency that has not been granted original classification authority
but that handles classified information shall comply with appropriate
subsections above /(c)(1), (2), (3), (4), (5), (6), (8), (9), (10) and
(11)_7?
Section 7. Administrative Sanctions.
In any case in which the Information Security Oversight Office finds
that a violation of this Order or any implementing directive has
occurred, it shall make a report to the head of the agency concerned
that corrective steps may be taken.
(a) Officers and employees of the United States shall be
subject to appropriate administrative sanctions if they:
(1) knowingly and willfully classify or continue the classifica-
tion of information in violation of this Order or any implementing
directive; or
(2) knowingly, willfully and without authorization disclose
information properly classified under this. Order or prior Orders or
compromise properly classified information through negligence; or
(3) knowingly and willfully violate any other provision of this
Order or implementing directive.
(b) Sanctions may include reprimand, suspension without pay,
removal, termination of classification authority, or other sanction in
accordance with applicable law and Agency regulations.
(c) Agency heads shall make provision to ensure that appropriate
and prompt corrective action is taken whenever a violation under
subsection (a) occurs. The Director of the Information Security
Oversight Office shall be informed when such violations occur.
(d) Agency heads shall report to the Attorney General evidence
of possible violations of federal criminal law by an employee of their.
department or agency to the extent any such information may be reflected
in classified information and report to: the Atto.r.ney General evidence
of possible violations by any other person of. those federal criminal
laws specified in. guidelines adopted by the Attorney General;
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 Approved For Release 2005/05/23 : CIA-RDP82M00591 R000500020002-4
Section 8. Atomic Energy Information or Material.
Nothing in this Order shall supersede any requirements made by or under
the Atomic Energy Act of 1954, as amended. "Restricted Data" and
information designated as "Formerly Restricted Data" shall be handled,
protected, classified, downgraded, and declassified in conformity with
the provisions of such. Atomic Energy Act and the regulations of the
Department of Energy.
Section 9. Interpretation of the Order.
The Attorney General, upon request by the head of an Agency, his du
designated representative, or the Director of the Information Security
Oversight Office, shall personally or through authorized representatives
of the Department of Justice render an interpretation of this Order
with respect to any question arising in the course of its administration.
Section 10. Revocation of. Prior
Executive Order No..11652 of March 8, 1972, as amended by Executive
Order No. 11714 of April 24, 1973, and No. 11862 of June 11, 1975,
and the National Security Council Directive of May 17, 1972 /3 C.F.R.
1085 (1971-75 Comp.)71 are revoked.
Section 11. Effective Date.
This Order shall become effective on December 1, 1978, except that
the functions of the Information Security Oversight office specified
in Section 6(a)(1)(iv) and 6(a)(1)(vi) shall be effective immediately
and shall be performed in the interim by the Interagency Classification
Review Committee established pursuant to Executive Order 11652.
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