PROPOSED EXECUTIVE ORDER ON SECURITY CLASSIFICATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000500030005-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 37
• Document Creation Date: December 16, 2016
• Document Release Date: May 31, 2005
• Sequence Number: 5
• Publication Date: September 14, 1977
• Content Type: MF

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DCI/IC 77-1928
14 September 1977
MEMORANDUM FOR: Acting Deputy to the DCI for the
Intelligence Community
Chairman, Security Committee
SUBJECT . Proposed Executive Order on Security Classification
1. Attached for your information is a 13 September 1977 letter from
the General Counsel, Office of Management and Budget, forwarding the draft
of a proposed Executive Order on "National Security Information and
Material." This is the product of the PRM-29 effort. Through misunder-
standing on the part of the drafter, Mr. Kienlen of OMB, identical copies
of the attached letter were sent both to you and to the DCI, Mr. Kienlen
was under the misapprehension that such was necessary to get both CIA and
Community-oriented comments on the draft Order. has assured
him that the DCI's comments will cover both aspects.
2. We have distributed copies of the proposed Order to IC Staff
component s OPP, OPEI, SIGINT Committee, COMIREX, HUMINT Committee, and
asking for any comments they may have thereon. Such will
be coordinated with the Office of the General Counsel for inclusion in the
consolidated DCI reply to OMB. We have also arranged with
OGC, to have discuss with interested CIA offices the back-
ground and intent of those portions of the proposed Order which would
bear closely on the Intelligence Community.
3. Comments on the proposed Order are due in OMB by 14 October,
with the new Order to take effect 1 March 1978.
Attachment:
OMB/GC Letter, dated 13Sep77,
w/enclosure
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SUBJECT: Proposed Executive Order on Security Classification
Distribu on: DCI/IC 77-1928
Orig -- Addressee w/att.
1 - SECOM Subj. File w/att.
1 - SECOM Chrono w/o att.
STAT DCI/IC/SECOMI
I14Sep77
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OFFICE OF MANAGEMENT AND BUDGET
Mr. John N. Mc Mahon
Acting Deputy to the DCI
for the Intelligence Community
Washington, D. C. 20505
September 13, 1977
Herewith, in accordance with the provisions of Executive
Order No. 11030, as amended, is a proposed Executive order
entitled "National Security Information and Material."
This proposed draft is based on the recommendations of
an interagency working group which was formed to draft
a replacement for Executive Order No. 11652.
In accord with the President's direction, the purpose
of this draft proposed order is to mold a manageable
classification system that will provide greater openness
in Government while at the same time effectively protecting
sensitive national security information.
Before submitting a proposed order to the President for
his consideration, I would appreciate your comments on
the content of the proposed order so the President may
have the benefit of your views. While the form and style
of this draft proposed order can be improved editorally,
and your editorial suggestions are welcome, your substan-
tive comments are especially solicited.
In general terms, this draft proposed order attempts to
ensure more openness in Government activities by estab-
lishing stricter and more definitive standards than pres-
ently exist for the classification of national security
information. While it recognizes the special nature of
information received from foreign governments, this draft
would change the general guidelines and procedures for
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determining the length of time information may remain
classified. It also includes provisions for more over-
sight of the classification process.
On behalf of the Director of the Office of management
and Budget, I would appreciate receiving your comments
concerning this proposed Executive order. Comments or
inquiries may be submitted by telephone to Mr. Ronald
A. Kienlen of this office (395-5600; IDS 103-5600). If
you have any comments, they must be received by Friday,
October 14, 1977.
Sincerely,
William M. Nichols
General Counsel
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By virtue of the authority vested in rae by the
Constitution and statutes of the United States of America,
and as President of the United States of America, in order
to balance the public interest in access to official
information with the legitimate need to protect information
which should be'kept secret in the interest of national
security, it is hereby ordered as follows:
TABLE OF CONTENTS
Section Description
1. Definitions ..........................
2. Original Classification ..............
(a) Classification Requirements.....
(b) Classification Criteria .........
(c) Prohibitions ....................
(d) Classification Authority ........
.(e) Exceptional Cases ...............
(f) Limitations on Authority........
(g) Identification and Markings.....
3. . Derivative Application of Markings...
4. Declassification .....................
(a) Guidelines ......................
(b) New Material ....................
(c) Old Material ....................
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(d) Systematic Review ...............
(e) Mandatory Review ................
(f) Foreign Originated Material.....
(g)
Declassification Authority ......
5. Downgrading ..........................
6. Safeguarding .........................
(a)
(b)
(c)
(d)
Policy Directives ...............
Secrecy Agreements ..............
Special Access ..................
Historical Researchers and
Former Officials ................
Implementation and Review ............
(a) Oversight Office ................
(b) Departmental ....................
8. Administrative Sanctions..............
9. Atomic Energy Material ...............
10. Revocation of Prior Orders ...........
11. Effective Date .......................
Section 1. Definitions.
(a) "Official information or material" means that
information or material which is owned by, produced for
or by, or under the control of the United States Govern-
ment.'
(b) "National security" means the foreign policy
or national defense interests of the United States.
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(c)
"Agency" means any independent entity, in-
cluding the Military Departments, within the Executive
Branch.
(d) "Intelligence source" means a person, organ-
ization, or technical means which provides foreign
intelligence or foreign counterintelligence and which,
if its identity or capability is disclosed, is vulnerable
to counteraction that could nullify or significantly
reduce its effectiveness in providing foreign intelli-
gence or foreign counterintelligence to the United States.
An "intelligence source" also means a person or organ-
ization which provides foreign intelligence or foreign
counterintelligence to the United States only on the
condition that its identity remains undisclosed.
(e) "Intelligence method" means the method which
is used to provide support to an intelligence source or
operation, and which, if disclosed, is vulnerable to
counteraction that could nullify or significantly reduce
its effectiveness in supporting the foreign intelligence
or foreign counterintelligence activities of the United
States, or which would, if disclosed, reasonably lead to
the,disclosure of an intelligence source or operation.
(f) "Classified information" is official information
which has been determined by proper authority to require
a degree of protection against unauthorized disclosure
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in the interest of national security and has been
designated, dependent upon its significance to the national
security, with one of the three following authorized
classification designations:
(1) "Top Secret" is the designation which shall be
applied to official information or material the unauthor-
ized disclosure of which could reasonably be expected to
cause exceptionally grave damage to the national security.
(2) "Secret" is the designation which shall be.
applied to official information or material the unauthor-
ized disclosure of which could reasonably be expected to
cause serious damage to the national security.
(3) "Confidential" is the designation which shall be
applied to official information or material the unauthor-
ized disclosure of which could reasonably be expected to
cause significant damage to the. national security.
Sec. 2. Original Classification.
(a) Classification Requirements. Official information
or material, hereinafter referred to as information, shall
not be classified unless an original classification authority
determines:
(1) That the information meets one or more of the
criteria set forth in subsection (b) below; and -
(2) The disclosure of such information could reason-
ably be expected to cause at least significant damage to
the national security. In the case of information provided
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in confidence by a foreign government or international
organization, it is reasonable to expect that the breach of
that confidence could cause significant damage to the
national security.
(b) Classification Criteria. The following,which
apply equally to all three authorized classification
designations, describe information which is classifiable
if its disclosure could reasonably be expected to:
(1) Make. the United States or its allies vulnerable
to attack by a foreign power, or weaken the ability of the
United States or its allies to conduct armed operations
or defend themselves, or diminish the effectiveness of the
United States' armed forces; or
(2) Lead to hostile political, economic, or military
action against the United States or its allies by a
foreign power; or
(3) Disclose, or provide a foreign nation with an
insight into, the defense plans or posture of the United
States or its allies; provide a foreign nation with informa-
tion upon which to develop effective countermeasures to
such plans or posture; weaken or nullify the effectiveness
of a United States military, foreign intelligence, or
foreign counterintelligence, plan, operation, project,
or activity; or
(4) Aid a foreign nation to develop, improve, or
refine its military potential; or
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(5) Reveal, jeopardize, or compromise an intelli-
gence source or method, an analytical technique for the
interpretation of intelligence data, or a cryptographic
device or system; or
(6) Disclose to other nations or foreign groups
that the United States has, or is capable of obtaining,
certain information or material concerning those nations
or groups without their knowledge or consent; or
(7) Deprive the United States of a scientific,
engineering, technical, economic, or intelligence advantage
directly related to national security; or
(8) Create or increase international tensions; or
otherwise significantly impair our foreign relations; or
(9) Disclose or weaken the position of the United
States or its allies in the discussion, avoidance, or peace-
ful resolution of existing or potential international
differences; or
(10) Disclose plans prepared by, or under discussion
by, officials of the United States to meet contingencies
or situations arising in the course of our foreign relations
or national defense; or
(11) Cause political or economic instability or civil
disorder in a foreign country; or
(12) Disclose the identity of a confidential source
of a United States diplomatic or consular post; or
(13) Disclose information or material provided to the
United States in confidence by a foreign government or
international organization.
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c. Prohibitions. Classification of information
is subject to the following prohibitions:
(1) Where there is doubt as to whether certain
information requires any security protection, the
classifying official will strike the balance in favor
of public access to official information and the informa-
tion shall not be classified.
(2) No information may be classified in order to
conceal violations of law, inefficiency, or administrative
error, to prevent embarrassment to a person, organization,
or agency, to restrain competition or independent initiative,
or to prevent or delay for any other reason the release
of information which does not require, in the interest
of national security, the protection authorized by this
Order.
(3) Basic scientific research information may not
be classified, except for Restricted Data within the
meaning of the Atomic Energy Act of 1954, as amended
(42 U.S.C. 2014(y)), and except for such information
that is directly related to the national security.
(4) Information or material which is not official
information or material may not be classified; thus
information resulting from independent or nongovernmental
research and development shall not be classified unless
it incorporates or reveals classified information to which
the researcher or developer was given prior access or
unless the Government first acquires a proprietary interest
therein.
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(5) References to classified documents may not
be a basis for classification unless the reference,
standing alone, would disclose classified information.
(6) Classification shall not be used solely for
the purpose of limiting dissemination of information
which is not classifiable under the provisions of this
Order.
(7) Where there is doubt whether information should
be classified Secret or Top Secret, it shall be classified
Secret. Where there is doubt whether information classi-
fied should be classified Confidential or Secret, it shall
be classified Confidential.
d. Classification Authority.
(1) The authority to originally classify information
"Top Secret" may be exercised only by such officials as
the President by publication in the Federal Register
may designate in writing and, subject to the restriction
in paragraph (4) by the heads of the following agencies:
(i) Department of State
(ii) Department of the Treasury
(iii) Department of Defense
(iv) Department of the Army
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(v) Department of the Navy
(vi) Department of the Air Force
(vii) Department of Justice
(viii) Department of Energy
(ix) U.S. Arms Control and Disarmament Agency
(x) Central Intelligence Agency
(xi) National Aeronautics and Space Administration
(xii) General Services Administration
(2) The authority to originally classify informa-
tion "Secret" may be exercised, subject to the
restrictions in paragraph (4) only by officials who
have Top Secret classification authority and by the heads
of the following agencies:
(i) Department of Commerce
(ii) Department of Transportation
(iii) Agency for International Development
(iv) Office of the Special Representative for
Trade Negotiations
(v) United States Information Agency
(vi) Nuclear Regulatory Commission
(3) The authority to originally classify information
"Confidential" may be exercised, subject to the restrictions
in paragraph (4), only by officials who have "Top Secret"
or "Secret" classification authority and the heads of the
following agencies:
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(1) Department of Labor
(ii) Export-Import Bank of the United States
(iii) Overseas Private Investment Corporation
(4) The heads of agencies specifically named in
paragraphs (1), (2) and (3) may delegate their authority
to originally classify information. Such delegation may
provide for redelegation, except for Top Secret original
classification authority. Officials to whom such authority
is redelegated may not further redelegate it. All dele-
gations shall be in writing, and shall be granted only to
officials by name or title of position held. The number
of officials to whom original classification authority
is delegated shall be restricted to those officials whose
duties and responsibilities necessitate the origination
of classified information on a regular and recurring
basis.
(5) The head of any agency not specifically granted
original classification authority herein may not originally
classify information under this Order, unless specifically
authorized in writing by the President. Requests for such
authority shall be directed to the Security Information
Oversight Office, established herein, and shall identify
the positions requiring the authority, the classification
level required and justification for the granting of
such authority.
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(e) Exceptional Cases.. In an exceptional .case
when a person or agency not authorized to originally
classify originates information which is believed to
require classification, such person or agency shall protect
that information in the manner prescribed by this Order
and implementing directives. The information shall be
promptly transmitted under appropriate safeguards to the
agency having primary interest in the subject matter, or
where such agency cannot be identified, to the Director of
the Security Information Oversight Office, with a request
that a determination be made as to classification.
(f) Limitation on Authority to Provide for the
Duration of Classification.
(1) All original classification authorities, except
as permitted in paragraph (2) shall, at the time of the
original classification determination, set a specific date
or event for automatic declassification of the information.
The date or event shall be as early as the national security
interest will permit; but, in no case shall the date or
event exceed six years from the date of origin of the
information that is classified.
(2) In those cases where there-is a need, directly
related to the national security, to continue classification
beyond six years, only Top Secret classification authorities
or the heads of agencies specifically designated in Sec. 2(d)
of this Order may set a later date or event for automatic
declassification. Alternatively, these authorities may,
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where declassification guidelines issued by heads of
agencies prescribe a need for review of specified informa-
tion upon its 20th anniversary, set a date for review
of such information consistent with such guidelines.
In either case, these dates or events shall be as early
as the national security interest will permit but in no
case shall exceed 20 years from date of origin of the
information involved. Additionally, for foreign
originated information, as defined in Section 4(f),
those officials may set dates or events for declassifica-
tion or review which shall not exceed thirty years.
Official who authorize the extension beyond six years
must record on the. originator's file copy the reasons
for such extension and their identity. The reasons must
be specific and must explain why the classification will
continue to meet the requirements set forth in subsection
2(a) above.
(g) Identification and Markings.
(1) Each classified document shall show on its face:
(i) the identification of the original classification
authority; (ii) the office of origination; (iii) the date
of origination; (iv) the date or event for declassification
or review; and (v) one of the three-classification
designations defined herein. No other designations,
e.g., "For Official Use Only," "Limited Official Use,"
shall be used to identify information requiring protection
in the interest of national security, except as otherwise
expressly provided by statute.
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(2) Each classified document shall, by marking or
other means, clearly indicate which portions are classi-
fied, at what level, and which portions are not classified,,
in order to facilitate excerpting and other uses. Heads
of agencies may, for good cause, seek a waiver of this
marking requirement from the Director of the Security
Information Oversight Office for certain classes of material.
(3) Classified information or material furnished
to the United'States by a foreign government or inter-
national organization shall either retain its original
classification or be assigned a United States classification.
In either case, the classification shall assure a degree
of protection equivalent to that required by the govern-
ment or international organization which furnished the
information or material.
(4) Classified documents which contain or reveal
information which the originator has determined should be
subject to special dissemination and reproduction limita-
tions shall be clearly annotated to place the recipient
on notice to restrict dissemination and reproduction. In
such case, the following statement shall be included in
the document or on its cover sheet as a special notation
separate and apart from the security classification marking:
"Reproduction of this document or portions thereof
is prohibited without authorization of the origin-
ating office. Its further dissemination shall be
restricted to those authorized by the addressee.".
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Sec. 3. Derivative Application of Markings. Persons
who only reproduce, extract, summarize, or otherwise use
classified information shall not be given original classifi-
cation authority for the purpose of placing or directing
the placement of derivative classification.markings on new
material if the classification is based solely on such
previously classified source information. Persons who
apply derivative classification markings shall respect
classifications assigned by originators, and shall, to
the maximum extent practicable, verify the current need
for and level of classification of the information or
material prior to applying such markings. They shall also
carry forward to any newly created documents or material
the dates or events assigned by the originator to the
source material for declassification or review.
Sec. 4. Declassification. Declassification of
classified information shall be given emphasis comparable
to that accorded to classification. The determination
to declassify information shall not be made_on the basis
of the level of classification assigned, but rather on the
the
expected perishability and loss of/sensitivity of the
information with the passage of time, and with due regard
for the public interest in access to official information.
At the time of review, any determination not to declassify
shall be based on a determination that release of the
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information would be demonstrably harmful to the' national
security. Declassification shall be accomplished in
accordance with the following:
(a) Guidelines. Within 180 days after the effective
date of this Order, heads of agencies specifically named
in Section 2(d) of this Order shall, in consultation J
with the Archivist of the United States, issue declassifi-
cation guidelines which shall be applicable to 20-year
old information classified under their respective juris-
dictions and for which a prior automatic declassification
date has not been established. These guidelines shall
specifically identify those items or categories of informa-
tion which, because of their probable continuing sensitivity
and importance to the national security interest, cannot be
automatically declassified but must be reviewed to determine
whether there is a need for continued protection beyond
20 years. Information not identified in the guidelines
as requiring review is and shall be automatically declassifi-
fied at the end of 20 full calendar years from its date
of origin. These guidelines shall be authorized for use
by the Archivist of the United States and agencies having
custody of the information covered therein.
) New Material. Information, except as provided
in subsection (f), which is classified on or after the
effective date of this order, shall be declassified or
reviewed for declassification in accordance with the dates
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or events specified by original classification,-author-
ities pursuant to Section 2(f) of this Order. Information
which is not marked with a date or event for declassifi-
cation or review is automatically declassified six years
after its origination. Information whose classification
classified
is derived from source material/ prior to the effective
date of this Order shall carry forward dates or events
for declassification or review shown on the source
material and shall be declassified or reviewed in accord-
ance with subsection (c).
(c) Old Material. Information, except as provided
in subsection (f), which was classified before the effec-
tive date of this Order and already marked with a date or
event which directs declassification in 20 years or less
from the date of its. origin shall be declassified in
accordance with such date or event unless, upon review
by officials authorized under Section 4(g) of this Order,
an earlier date for declassification is determined.
Such classified information not so marked is and shall
be, on and after January 1, 1979, automatically declassi-
fied 20 years from the date of its origin unless identified
in the guidelines issued by the heads of agencies under
subsection (a) as requiring review.
(d) Systematic Review. To conserve Government
resources devoted to the systematic review of 20-year
old information and to achieve more effective declassif-
ication, only that information constituting the
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permanently valuable records of the Government-in
accordance with 44 U.S.C. 2103 shall be so reviewed.
Heads of agencies shall order the review of all security
classified records 20 years old or older which are
held in storage areas by the agency or in Federal Records
Centers for possible disposal. Records which are found
to be unscheduled for some definite future disposition
shall be scheduled immediately. Permanently valuable
records of the Government shall be systematically reviewed
as they become 20 years old. In the conduct of this
review the declassification guidelines issued by heads
of agencies under subsection (a) shall be applied. Only
the head of an agency designated in Section 2(d) hereof
may authorize the continued classification of information
beyond 20 years. In these cases, a declassification date
shall be determined; or, a date.shall be set, not more
than ten years later, for subsequent review in accord
with these procedures established for 20 year old
information. The head of an agency or the Director
of Central Intelligence may seek a waiver of this ten
year limit.
(e) Mandatory Review. (1) All information classified
under this or prior Orders shall be subject to declassif-
ication review by the originating or responsible agency
upon request of an agency or member of the public, pro-
vided the request describes the material sufficiently
to enable the agency having custody to locate it with a
reasonable amount of effort. The head of each agency
shall designate an office to which requests for mandatory
review for declassification may be directed. After review,
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the record or any reasonably segregable portion thereof
which no longer requires protection under this order
shall be declassified, and released unless withholding
is otherwise determined to be required under applicable
statutes.
(2) Procedural instructions for processing such
requests from the public shall be issued by the Security
Information Oversight Office.
(3) Requests for declassification review submitted
to an agency by employees thereof, shall be considered
in accord with procedures which shall be established
by agency heads. Denials of such requests may be referred
to an agency committee for reconsideration.
(4) Material originated by a President or a
President's White House staff, or material in the
possession and control of the Administrator of
General Services pursuant to Section 2107 or 2107
note of title 44, U.S.C., is exempted from this
review if such material is less than ten years old.
(f) Foreign Originated Information. Classified
information furnished to the United States by a foreign
government, international organization or an official
or representative thereof, or produced by the United States
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jointly with a foreign government or international
organization, with the understanding that such information
will be kept in confidence, shall be exempt from the
declassification provisions of Section 4 of this Order.
Such information shall, unless downgraded or declassified
earlier, be reviewed for downgrading and declassification
30 years from date of origin and shall be downgraded and
declassified in accordance with guidelines developed
by heads of agencies in consultation with the Archivist
of the United States and, where appropriate, with the
foreign government or international organization concerned.
(g) Declassification Authority. The authority to
downgrade and declassify information classified under this
or prior Executive orders shall be exercised as follows:
(1) Classified information may be downgraded or
declassified by the official who authorized the original
classification, by a successor in interest or capacity,
or by a supervisory official of either.
(2) Heads of agencies specifically named in Section 2(d)
shall designate additional officials at the lowest practical
echelons of command and supervision to exercise dovn-
grading and declassification authority, particularly with
respect to information within their areas of responsibility.
These officials should also be authorized by the head of
the agency to resolve conflicts or doubts regarding
classification.
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(3) The Director of the Security Information Over-
sight Office may downgrade or declassify information con-
sidered by the Oversight office in the exercise of its
appellate functions pursuant to Section 7 hereof, and
may downgrade or declassify information in any instance
wherein the Director determines that the continued classifi-
cation would be in violation of this Order. These down-
grading or declassification decisions shall take effect
ten working days after they are made, unless during vihicn
time. the head of the affected agency appeals the decision
to the President through the National Security Council-
(4) In the case of classified information trans-
ferred by or pursuant to statute or Executive order in
conjunction with a transfer of function and not merely
for storage purposes, the receiving agency shall be deemed
to be the originating agency for all purposes under this
Order, including downgrading and declassification.
(5) In the case of classified information not trans-
ferred in accordance with paragraph (4) of this subsection,
but originated in an agency which has since 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 downgraded or declassified by
the agency in possession after consulting with any other
agency having an interest in the subject matter.
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(6) Classified information transferred to the
General Services Administration for accession into the..
Archives of the United States shall be downgraded and
declassified by the Archivist of the United States in
accordance with this Order, directives issued by Security
Information Oversight Office, and pertinent regulations
and declassification guidelines of the agencies.
(7) After the termination of a Presidential admin-
istration, the Archivist of the United States shall have
the authority to review, downgrade and declassify informa-
tion which was classified by the President, his White
House staff, special committees or commissions appointed
by him or others acting in his behalf when this information
is not part of the records of an agency subject to Federal
records statutes. This authority shall be exercised only
after consultation with the agencies having primary subject
matter interest.
(8) The provisions of this Order relating to the
declassification of national security information shall
apply to agencies which, under the terms of this Order,
do not have current authority to originally classify
information, but which formerly had such authority under
prior Executive orders.
Sec. 5. Downgrading. Information classified under
prior orders and marked for automatic downgrading is
automatically downgraded accordingly. Information
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classified under this or prior orders shall, after
review by the originator or other official authorized
to downgrade or declassify information under this Order,
be assigned a lower degree of protection against unauthor-
ized disclosure than currently provided when such down-
grading will serve a useful purpose. Downgrading action
will be reflected by changing the classification to a lower
level coupled with a notice of such action to holders of
the information.
Sec. 6. Safeguarding.
(a) Policy Directives. The Director of the Security
Information Oversight Office shall, with the approval of
the National Security Council, issue directives which shall
be binding on all agencies for the protection of classified
information from loss or compromise. Such directives
shall conform to the following policies:
(1) No person shall be given access to classified
information unless such person has been determined to be
trustworthy and unless access to such information is
necessary for the performance of official duties.
(2) All classified information shall be appropri-
ately and conspicuously marked to put all persons on clear
notice of its classified contents.
(3) Classified information shall be used, processed,
and stored only under conditions which will prevent access
by unauthorized persons.
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(4) Appropriate controls for classified information
shall be established and maintained and such information
shall be protected adequately during all transmissions.
(5) Classified information no longer needed in
current working files or for reference or record purposes
shall be destroyed or disposed of in accordance win the
records disposal provisions contained in Chapters 21 and
33 of Title 44 of the United States Code and other applicable
statutes.
(6) All classified information disseminated outside
the Executive Branch shall be given appropriate protection.
(b) Secrecy Agreements. Heads of agencies may require
the signing of a secrecy agreement as a precondition of
access to classified information.
The Security
Information office shall, in coordination with appropriate
agencies, develop a uniform secrecy agreement which the
heads of agencies may adopt. Secrecy agreements currently
in force need not be reexecuted.
(c) Special Access.
(1) The head of an agency specifically named in
Section 2 (d) (1) , or the Director of Central Intelligence,
may impose, in conformity with the provisions of this order,
special requirements with respect to access, distribution,
and protection of classified information.
Special access programs may only be created
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or continued by the head of an agency specifically named
in Section 2(d)(1), or, for matters pertaining to intelli-
gence sources and methods, by the Director of Central
Intelligence, personally and in writing. Such special access
programs shall be created or continued only on the specific
showing that:
(i) Normal 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 involvediand
(iii) the special access controls balance the need to
protect the information against the full spectrum of needs
to use the information.
(2) All such special access programs shall automatically
terminate every three years unless renewed in accordance
with the procedures in this Section.
(3) Heads of agencies, or the Director of Central
Intelligence as applicable, shall within 180 days after
the effective date of this Order. review all existing special
access programs under their jurisdiction and continue
them only subject to the procedures in this section. They
shall also establish and maintain for their areas of
responsibility central listings of all special access programs
continued or created by them. Heads of agencies, the
Director of Central Intelligence, and the Director of the
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Security Information oversight office shall have access
to all such lists of special access programs; however,
such right of access may not be delegated.
(d) Historical Researchers and Former_ Officials.
The requirement in Section 6(a)(1) that access to classi-
fied information be granted only as is necessary for the
performance of one's duties shall not apply to persons
outside the Executive Branch who are engaged in historical
research projects or who have previously occupied policy-
making positions to which they were appointed by the
President; provided, however, that in each case the head
of the agency:
(1) Determines in writing that access is consistent
with the interests of national security;
(2) Takes reasonable action to ensure that properly
classified information is not subject to unauthorized
disclosure; and
(3) With respect to access granted a person by reason
of his having previously occupied a policy-making position,
such access shall be limited to those papers which the
former official originated, reviewed, signed or received,'
while in public office.
(e) Controls on Reproduction and Distribution.
(1) Subject to directives issued by the Director of
the Security Information Oversight Office, the heads of
agencies shall ensure that:
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(i) Top Secret documents are not reproduced without
the consent of the originating office.
(ii) Secret documents are not reproduced except in
accordance with procedures approved by an appropriate official
who has been designated for that purpose by the agency having
custody of the document.
(iii) No classified document is reproduced if such
reproduction is prohibited by the originator and the
document is so annotated.
(iv) Reproduced copies of classified documents are
subject to the same accountability and controls as the
original.
(v) Records are maintained by the reproducing office
to show the number and distribution of reproduced copies of
Secret and Top Secret documents and those marked in accord with
Section 2(g)(4) restricting reproduction and dissemination.
(2) All classified information shall be appropri-
ately and conspicuously marked to put all persons on clear
notice of its classified contents, and, if appropriate,
marked to show its particular dissemination and repro-
duction restrictions.
Sec. 7. Implementation and Review. Overall respon-
sibility for policy direction of the program established
pursuant to this Order shall rest with the National
Security Council.
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(a) Oversight office.
(1) The Administrator of General Services, subject
to the direction of the President and the National
Security Council, shall be responsible for the imple-
mentation and monitoring of the program established
pursuant to this Order. Such responsibility shall be
performed through a Security Information Oversight Office
headed by a full-time Director authorized to maintain
a permanent staff. The Oversight Office shall:
(i) In accordance with procedures to be established
by its Director, oversee agency actions to ensure compli-
ance with the provisions of this Order and implementing
directives.
(JJ) Consider and take action on complaints and
suggestions from persons within and without the Government
with respect to the general administration of the Order,
including appeals from agency denials of requests for
declassification of those classified records defined in
Section 4 (e) (4) which are ten or more years old.
(iii) Develop, in consultation with affected agencies,
directives required for the effective implementation of
this Order.
(iv) Report annually to the President through the
National Security Council on Executive Branch imple-
mentation of the Executive order.
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(v) Have the authority to require of each.agency
with original classification authority such reports,
information, and other cooperation as necessary to fu?-fill
the above responsibilities.
(2) There is also established an Interagency Security
Information Advisory Committee which shall be chaired by
the Director of the Oversight Office and shall be comprised
of representatives of the Departments of State, DeTrense,
Justice, and Energy, the Director of Central intelligence
the National Security Council staff, and the _?tational
Archives and Records Service. The Interdepartmental
Committee shall meet at the call of the Chairman and
shall act in an advisory capacity to him in all matters
related to effective implementation of this Order and
implementing directives.
(b) Agencies. To promote the basic purposes of
this Order, the head of each agency originating or handling
classified information shall:
(1) Prior to the effective date of this Order, submit
to the Security Information Oversight Office for approva l
a copy of the regulations it proposes to adopt pursuant
to this Order and implementing directives. Subsequent
changes to agency regulations shall also be zEor:karded to
the Oversight Office for approval.
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29
(2) Publish in the Federal Register those regulations
or changes thereto which are approved by the Director of
the Security Information Oversight Office and which are
issued in implementation of this order to the extent that
they affect the general public.
(3) Designate a senior member of the agency staff
who shall conduct an active oversight program and shall
ensure effective compliance with and implementation of
this Order.
(4) Designate a subordinate who shall chair an
agency committee which shall have authority to act on all
suggestions and complaints with respect to the agency's
administration of this Order. This committee also may
be authorized to act upon appeals from denials of declassif-'
ication requests made pursuant to subsection 4(e).
(5) Establish a continuing program to familiarize
agency personnel and others authorized access to classified
information with the provisions of this Order and imple-
menting directives. There shall also be established
and maintained an active security orientation and education
program for such personnel in order to impress upon each
individual his or her responsibility for exercising
vigilance and care in complying with the provisions of
this Order.
(6) Ensure the preparation and promulgation of
security classification guidance adequate to facilitate
the identification and uniform classification of
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information requiring protection under the provisions
of this Order.
(7) Develop and promulgate declassification guide-
lines in accordance with Section 4(a) hereof.
(8) Take necessary action to ensure that:
(i) 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
information is reduced to and maintained at the minimum,
consistent with operational requirements and needs.
(9) Cause a continuing review of safeguarding
practices and procedures; and, eliminate those which are
found to be duplicative and unnecessary.
(10) Submit to the Security Information Oversight
Office such information or reports as the Director of
the Security Information Oversight Office may find necessary
to carry out the Oversight Office's responsibilities.
Sec. 8. Administrative Sanctions.
(a) Any officer or employee of the United States
who knowingly and willfully classifies or continues the
classification of information in violation of this Order
or any implementing directive; or knowingly and willfully
and without authorization, discloses classified information; or
compromises classified information through gross negligence;
or knowingly and willfully violates any other provision
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of this order or implementing directive which the head
of an agency determines to be a serious violation, shall
be subject to appropriate administrative sanctions. In
any case in which the oversight Office finds that unneces-
sary classification or overclassification has occurred it
shall make a report to the head of the agency concerned
so that corrective steps may be taken.
(b) Sanctions may include, but are not limited to,
reprimand, suspension without pay, removal, or other
sanction in accordance with applicable law and agency
regulations.
(c) The head of each agency shall ensure that
appropriate and prompt corrective administrative action
is taken whenever a violation under paragraph (a) occurs.
Additionally, heads of agencies shall immediately inform
the Department of Justice of any case in which a violation
of the criminal law may be involved..
Sec. 9. Atomic Energy Material. Nothing in this
Order shall supersede any requirements related to "Restricted
Data" and material designated as "Formerly Restricted
Data" pursuant to the Atomic Energy Act of August 30,
1954, as amended, or the regulations of the Department
of Energy.
Sec. 10. Revocation of Prior Orders_ Executive
Order No. 11652 of March 8, 1972, as amended by
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Executive Orders No. 11714 of April 24, 1973 and No. 11862
of June 11, 1975, and all implementing directives
issued pursuant to Executive Order No. 11652, including
the Directive of May 17, 1972 (3 C.F.R. 1085(1971-75
Comp.)) are revoked.
Sec. 11. Effective Date. This Order shall become
effective on March 1, 1978, except that the functions
of the Security Information Oversight Office shall be
effective immediately and shall be performed in the interim
by the Interagency Classification Review Committee.
, 1977
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STAT
STAT
STAT
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Proposed Executive Order on Security Classification
FROM:
Ch
i
S
it
C
i
EXTENSION
NO.
DCI/IC 77-1928
a
rman,
ecur
y
omm
ttee
1 1
DATE
14 September 1977
TO: (Officer designation, room number, and
building)
D
ATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
EO/ICS
/u
2.
A/D/DCI/IC
1
SEP 19
771
3.
4. A p
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5.
6.
7.
8.
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11.
12.
13.
14.
15.
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FORM 610 USE PREVIOUS INTERNAL
3-62 EDITIONS F-1 SECRET ^ CONFIDENTIAL ^ USE ONLY ^ UNCLASSIFIED