PLANNING FOR IMPLEMENTATION OF E.O. 12065

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00674R000300030001-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 54
• Document Creation Date: December 19, 2016
• Document Release Date: March 28, 2006
• Sequence Number: 1
• Content Type: MF

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MEMORANDUM FOR: Deputy Director for Operations
(Attention: Eloise Page)
Deputy Director for Science and Technology
(Attention: Ernest J. Zellmer)
Director, National f=or n Assessment Center
(Attention: I
(Attention:
FROM . Michael J. Malanick
Associate Deputy Director for Administration
SUBJECT . Planning for Implementation of E.O. 12065
REFERENCE . Action Plan Approved 26 July 1978 for
Implementation of E.O. 12065
Attached for your planning and guidance is a paper prepared by the
Task Force concerned with implementing the provisions of E.O. 12065
concerning classification, declassification, and mandatory review.
Because of the amount of work to be accomplished by 1 December 1978,
it is hoped that the paper will prove useful to you in accomplishing;
the tasks outlined.
-lichael J. Malanick
Attachment: a/s
cc: D/Sec (Attention:
DTR (Attention: Harry Fitzwater)
Distribution:
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P D rrono wo/att
1 - AI/DDA w/att
1 - Iarh Ar Irr*'
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CIA Task Force, E.O. 120b5
Classifi-;.anion, Declassification, Mandatory Review Guidance
1. Introduction
a. The recently issued Executive Order 12065 requires that CIA
as an agency with original classification authority promulgate Clas-
sification Guides (Sec.- 5-403) and Declassification Guidelines
(Sec. 3-402), and that they develop procedures for mandatory review
of information for declassification (Sec. 3-501). [he Order also
requires that unclassified regulations establishing agency information
security policy and unclassified guidelines for systematic declassifi-
cation review shall be published in the Federal Register (Sec. 5-402).
The Order further stipulates that Agency implementing regulations
contain criteria explaining in narrative form the reason information
needs to be protected beyond six years (Sec. 1-502).
b. The NSC draft implementing directive for the Executive Order
requires that Classification Guides contain categories and subcategories
of information to be protected, the level of classification to apply
to each, the duration of such specified classification, and the reason
for any extension of classification beyond six years.
c. The CIA Task Force concerned with implementing the classifi-
cation, declassification, and mandatory review requirements noted above
is currently drafting two basic papers and identifying tasks for the
consideration of the three Directorates and NFAC.
2. Classification Guides
Conceptually the [ask Force envisages three different levels
of classification guides.
a. Agency Classification Guide
This Guide will set forth broad categories of intelligence
information based upon the seven classification requirements a-g
(Sec. 1-301). These categories will be generally common to all
Directorates. The guide will be unclassified and require Deputy
Director and DCI approval. It appears likely that it will have to
be published in the Federal Register. Whether classification desig-
nations and duration of classification have to be assigned to each
category of information in the basic Agency guide remains to be
resolved. If such assignment is required, a variable classification
designation from Confidential to Top Secret for each category would
seem appropriate combined with a duration of up to 20 years.
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These guides will establish subcategories of intelligence
information based upon the Agency Classification Guide and will contain
information generally corrunon to all components of a Directorate. They
may be classified or unclassified and will be approved by the individual
Deputy Directors. Each subcategory of information will require a deter-
mination as to the level of classification, the duration of the classification,
and the reason for any extension of classification beyond six years.
c. Office (or equivalent) Classification Guides
These will further expand upon the subcategories of information
contained in the Directorate Classification Guides and will reflect the
needs and concerns of individual components of each Directorate. They
may be classified or unclassified and will be approved by the Office
Directors or Chiefs of the individual components and ultimately by the
pertinent Deputy Director. Each such subcategory of information will
require a determination as to the level of classification, the duration
of the classification, and the reason for any extension of classification
beyond six years.
3. Draft of Agency Classification Guide and Task Force Comrrrents
for Directorate Consideration
a. A draft Agency Classification Guide will be distributed to
Directorates o/a 1 September 1978 and Directorate comments are requested
by 18 September 1978. This tight deadline is necessary because the
Agency Classification Guide will serve as a starting point for Directorate
and Office guides.
b. It should be noted that E.C. 12065 recognizes that there may
be national security categories of information other than those set
forth in a-f of the E.O. which require protection against unauthorized
disclosure. Directorates should carefully examine categories a-f to
determine if additional (q) categories are needed to meet their
requirements. Any such additional categories require DCI approval.
c. As noted in paragraph 4 below, the Task Force is attempting to
dovetail its draft Agency Classification Guide with Directorate guidelines
for systematic declassification prepared in late 1977. It is therefore
recommended that Directorates review their guides for declassification
in conjunction with their review of the Task Force draft Agency Clas-
sification Guide.
d. In the preparation of Directorate and Office Classification
Guides, information requiring protection must be categorized to the
extent possible. The Classification Guides should state which of the
classification designations (i.e., Top Secret, Secret, or Confidential)
apply to each category of information. A statement covering the duration
of classification when such duration is to exceed six years and the
reason for such extension is also required.
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e. Although Directorate and Office Classification Guides may be
classified to the level necessary, lower classifications are encouraged
considering the intended wide use of the guides.
f. Directorates are reminded that the significance in developing
comprehensive Classification Guides lies in the authority extended by
the E.O. to permit derivative classification to individuals not provided
original classification authority (S(ec, 2 of the Order). Lvery original
classification must include both a decision that the information concerns
one or more of the criteria a-g described in Sec. 1-301 of the Order, and
a decision that disclosure of the information reasonably could be expected
to cause one of the three levels (grave, serious, identifiable) of damage
described in Sec. 1-I of the Urder. the decision involved in each step
must be considered separate and distinct from that of the other.
4. Guidelines for S stematic Declassification I:eview
Each Directorate in late 1977 approved a guideline for syste-
matic review for declassification.
a. The Task Force is drawing from the four Directorate guidelines
and preparing an unclassified Agency Declassification Guideline for
publication in the Federal Register. the draft Agency guideline will
be sent to Directorates for comment later in the year inasmuch as we
have until 1 May 1979 to accomplish this objective.
b. The guides for classification and declassification should
dovetail. The Task Force is therefore drawing from the Directorate
guidelines for declassification in its preparation of the basic guide
for classification. It follows that Directorates may desire to review
their guidelines for declassification when they review the basic clas-
sification guide prepared by the Task Force.
c. Directorate guidelines for declassification previously prepared
as unclassified contain in some cases information that should be classified.
Also if categories of information needing protection are not covered in
the guides for declassification, documents containing such information
are automatically declassified after 20 years or 30 years for foreign
government information. It is recommended therefore that Directorates
review their guidelines for declassification for both comprehensiveness
and classification of content. Directorates may prepare classified
supplementary guidelines for declassification as required.
d. The Task Force will prepare a draft special systematic review
guideline for foreign government information.
e. Special procedures for systematic review and declassification
of classified cryptologic information will be developed by the Secretary
of Defense. The DCI is responsible for developing special procedures
for systematic review and declassification of classified information
concerning the identities of clandestine human agents. The Task Force
will be looking to the
DDO for input in developing the latter guideline
which will be binding on the Intelligence Community.
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5. Mandatory Review Procedures
It is anticipated that the current modus operandi between the
Information and Privacy Staff and Agency components for handliny mandatory
review requests along with FOIA and Privacy Act requests will be continued.
The Task Force will be responsible for drafting a paper describing these
procedures for mandatory review to conform with Sec. 3-5 of the Order.
6. Task Force Assistance
Questions on this paper should be referred to Directorate Focal
Point Officers who are available to provide assistance as may be required.
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ACTION PLAN FOR
DDA ASSIGNED TASKS
ASSOCIATED WITH THE IMPLEMENTATION OF
EXECUTIVE ORDER 12065
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The DDA assigned tasks associated with the implementation of the
new Executive Order have been grouped under one of the following four
general headings:
Classification/Declassification/,Mandatory Review
Markings
Training
Safeguarding
TASK FORCES
Individual task forces will be established to handle each of the
four areas listed above. The first three task forces will be chaired
by ISAS representatives while the fourth will be chaired by a represen-
tative from the Office of Security. C/ISAS will function as the
coordinator between all task forces.
A representative from each of the four Directorates and OGC will
be appointed to each task force to form the basic working group.
Additional members can be requested by each Chairman if and when the
need arises. Once formed, each task force will be organized internally
to handle their individual program elements in the most efficient manner.
DIRECTORATE SUPPORT
To obtain and maintain the shortest possible response time from
the four Directorates, it is reconu^ended that the job responsibilities
for the four individuals who are currently functioning as the senior
Declassification Focal Point Officers for each Directorate be expanded
to include all coordiration activities associated with the development
and implementation of this program. It is further reconrnended that
where practical, those individuals within each Directorate that were
tasked with helping to develop declassification guidelines, be designated
to assist the Declassification Focal Point Officers with all coordination
activities. The above structure worked extremely well in developing the
declassification guidelines and should function equally as well in
helping to develop and coordinate this program.
ACTUAL PROGRAM IMPLEMENTATION
Within the DDA, records management personnel will be playing an
extremely important role in the actual implementation of the new E.O.
This role will be to act as the means for transmitting to Agency personnel
the actual instructions on what actions are required and how they are to
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be done. In this role they will also serve as convenient points of
contact for the multitude of questions that are sure to be raised as
actual implementation efforts move forward. Involvement of those
personnel will be through the Directorate Records Management Officer
who will participate in and be kept fully informed on all aspects of
the implementation program.
How this program will be implemented within the other Directorates
is something that should be decided upon at the earliest possible date.
WORK ASSIGNMENTS
1. CLASSIFICATIOJ/DECLASSIFICATION/MANDATORY REVIEW
A. TASK FORCE - Chairman -
DDO -
NFAC
DDS&T
DDA -
OCC -
IPS -
OS
RAB -
B. Approach - Will be to combine classification with declassifi-
cation and develop common guidelines covering both aspects. To meet
known requirements of the new E.O. both classified and unclassified
guidelines will have to be developed. Since the system established for
the development and approval of the current Agency declassification.
guidelines is still in existence, it is planned that this same system
will be used to obtain overall coordination and approval for all guide-
lines that will be developed. Applicable regulations will be written/
rewritten.
C. Problems - No specific problems have been identified.
D. Time Frame - In-house guidelines and regulations should be
ready for formal coordination and approval by 1 October 1978. This
will allow two months to complete this process so that they will be
ready for use by the Agency on 1 December 1978. Unclassified guide-
lines for outside approval and publication in the Fcderal Register
must be completed by I June 1979.
II. MARKINGS
A. TASK FORCE - Chairman -
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DDO -
NFAC
DDS&T
DDA -
GGC -
OS -
RAB -
B. Approach - All classification markings and controls now in use
throughout the Agency will have to be reviewed in light of the imple-
menting order for the new E.O. to determine what changes will be
required and how these changes should be implemented. Initial requirement
will be to get OGC guidance on what markings and controls the implementing
order for the new E.O. will probably allow so preliminary work can start
as soon as possible. Applicable regulations will be written/rewritten.
The initial instructions and procedures dealing with markings
will have to be followed by a detailed handbook on how these general
procedures are to work, i.e., size and position of markings.
C. Problems - It is anticipated that due to the great number-of
individual interests involved in this general area a significant number
of problems may be encountered.
D. Time Frame - All proposals ready for formal coordination and
approval by 1 October 1978. All newly required stamps ready for dis-
tribution by 1 November 1978.
III. TRAINING
A. TASK FORCE -? Chairman
OGC
RAB
OS -
OTR
B. Approach - Identify those elements that the new E.O. requires
must be addressed and work with OTR to develop the most effective means
of getting required information to all levels of the Agency. Special
emphasis should be placed on determining whether an audio-visual
presentation would be the most effective way to inform all Agency
personnel on the changes the new L.O. brings to the current classifi-
cation process. Applicable regulations will be written/rewritten.
C. Problems - No special problems have been identified as of this
D. Time Frame - Programs and procedures ready for in-house formal
approvals by 1 October 1978. Actual training of employees to start by
I November 1978.
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IV. SAFEGUARDING
A. TASK FORCE - Chairman -
DDA
DDO
NFAC
OS -
B. Approach - Identify those elements of the new E.O. relating to
the safeguarding of classified material that require implementation
through revision of Agency regulations. The Office of Security has
been preparing revised security regulations which will serve as a take-
off point for the changes necessitated by the E.O. Specifically,
new regulations will replace the extant HRI
C. Problems - The principal problem associated with the implemen-
tation of safeguarding policy is caused by the fact that Headquarters
Regulations depend largely on the development of the implementation
directive for E.O. 12065. As a result, the promulgation of the
implementing directive will be the pacing item.
D. Time Frame'- Initial drafts on which to build the revised
Headquarters Regulations are already available. They will be modified
to be consistent with the implementing directive as it is developed.
Assuming promulgation of the implementing directive by 30 September,
final drafts of the Headquarters Regulations should be submitted to
the Regulations Control Branch by 31 October.
V. APPROVALS FACTION REQUIRED
1. Approval of the attached Headquarters Notice describing what
is being done within the Agency to prepare for the implementation of
the new E.0.
2. Approval for the use of senior Directorate Declassification
Focal Point Officers and supporting structures in implementing the
new E.O.
3. Appointment of representatives to the various task forces
and agreement that additional personnel will be made available if
required.
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4. Cpordination anC approva of e na c1 a , i a kage
will be handled within the respective Directorates and independent
offices by the below listed signatories.
APPROVED:
Michael J/ alanic
Directorate of Administration
Eloise Page 71
Directorate of uperati7
Directorate of Science and Technology
1 --1
Paul Walsh'
National Foreign Assessment Center
Office of Gte ,Counsel
__ -Date
~J
Date
1 2- -C;'- 7-
Da to
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CLASSIFICATION GUIDES
ALTERNATIVE #1
Agency-wide guide.
Directorate guides.
Office guides.
Agency-wide guide would cover general type information common to all
offices within the Agency.
Directorate guides would cover information unique to each directorate
but common to all offices within each directorate.
Office guides would cover information unique to each office.
Agency-wide guide should be prepared by representatives from each
directorate and approved by DCI.
Directorate guides should be prepared by representatives from each
office within the directorate and approved by DD's.
Office guides should be prepared by representatives from each branch/
section within office and approved by office head.
Decentralized system, but one office (AI/DDA?) should act as focal
point and liaison between directorates.
Each office would have to work from three guides, but would not be
burdened by unnecessary information.
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ALTERNATIVE 4/2
Agency-wide guide.
Office guides.
Agency-wide guide would cover general type information common to all
offices within the Agency.
Office guides would cover information unique to each office, but also
information common within each directorate.
Agency-wide guide should be prepared by representatives from each
directorate and approved by DCI.
Office guides should be prepared by representatives from each branch/
section within office and approved by one person within each
directorate (DD's?) to ensure consistency between offices in
duplicative information.
One office (AI/DDA?) should act as focal point and liaison between
directorates.
Each office would have two guides to work from, but duplication would
exist between office guides.
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ALTERNATIVE #3
Directorate guides.
Each directorate would have only one guide to cover both common type
information and unique information within directorate/offices.
One person in Agency would act as coordinator and also approve each
guide to ensure consistency between directorates.
Each office would have only one guide to work from, but would be
burdened with unnecessary information.
Duplication would exist between guides.
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ALTERNATIVE #4
Directorate guides.
Office guides.
Directorate guides would cover common-type information found within
Agency, and information unique to each directorate but common to
all offices within each directorate.
Office guides would cover information unique to each office.
Directorate guides should be coordinated and approved by one person
to ensure consistency in duplicative information.
Office guides should be approved by office heads (or DD's?).
One office (AI/DDA?) should act as focal point.
Offices would have to work from. two guides, but would not be burdened
by unnecessary information.
Duplication would exist between directorate guides.
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INFORMATION SECURITY OVERSIGHT OFFICE
COMPARISON OF MAJOR FEATURES OF
EXECUTIVE ORDERS GOVERNING THE
INFORMATION SECURITY PROGRAM
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E.O. 10501, AS AMENDED
E. 0. 11652
E. 0. 12065
CURRENT DRAFT
THREE LEVELS:
THREE LEVELS:
THREE LEVELS:
THREE LEVELS:
TOP SECRET(TS)-EXCEPTIONALLY GRAVE
TS-EXCEPTIONALLY GRAVE DAMAGE
TS-EXCEPTIONALLY GRAVE DAMAGE
TS-EXCEPTIONALLY GRAVE
DAMAGE
S-SERIOUS DAMAGE
S-SERIOUS DAMAGE
DAMAGE
SECRET(S)-SERIOUS DAMAGE
C-DAMAGE
C-IDENTIFIABLE DAMAGE
S-SERIOUS DAMAGE
CONFIDENTIAL(C)-PREJUDICIAL TO
C-DAMAGE
DEFENSE
COMMENT: THE TERM "IDENTIFIABLE" HAS BEEN OMITTED IN THE DRAFT ORDER TO OVERCOME LITIGATION PROBLEMS CONCERNING THE INTENT OF THE LANGUAGE OF
E.O. 12065. IT IS NOT INTENDED NOR DOES EXPERIENCE INDICATE THAT ITS OMISSION WILL RESULT IN INFORMATION BEING CLASSIFIED UNDER THE
DRAFT ORDER WHICH WOULD NOT BE CLASSIFIABLE UNDER E.O. 12065.
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E.O. 10501, AS AMENDED
E.O. 11652
E.O. 12065
CURRENT DRAFT
TOP SECRET: 48 AGENCIES
TOP SECRET: 17 AGENCIES
TOP SECRET: 13 AGENCIES
THE CURRENT DRAFT DOES
-7,136 PERSONS
-1597 PERSONS
-1496 PERSONS
NOT LIST THE AGENCIES
SECRET: 48 AGENCIES
SECRET: 30 AGENCIES
SECRET: 17 AGENCIES
WITH CLASSIFICATION
-23,236 PERSONS
-9986 PERSONS
-4195 PERSONS
AUTHORITY. THIS WILL BE
CONFIDENTIAL; 48. AGENCIES
CONFIDENTIAL; 30 AGENCIES
CONFIDENTIAL: 19 AGENCIES
ACCOMPLISHED BY AN ACCOM-
-28,944 PERSONS
-6043 PERSONS
-153.8 PERSONS
PANYING PRESIDENTIAL ORDER.
PRESENT PLANS ANTICIPATE
TOTAL ORIGINAL CLASSIFIERS: 59,316
TOTAL ORIGINAL CLASSIFIERS 17,626
TOTAL ORIGINAL CLASSIFIERS: 7229
NUMBERS COMPARABLE TO
E.O. 12065 IN BOTH NU14BERS
NOTE: AGENCY AUTHORITY CITED ON
OF AGENCIES AND PERSONNEL.
THIS PAGE IS CUMULATIVE: I.E., AGEN-
CIES WITH SECRET AUTHORITY INCLUDE
THOSE WITH TOP SECRET. THE SAME
APPLIES FOR CONFIDENTIAL.
COMMENT: THE CURRENT DRAFT REFLECTS COMMITMENT TO KEEP THE NUMBER OF CLASSIFIERS TO A NECESSARY MINIMUM, WHILE PROVIDING AN ADMINISTRATIVE REMEDY TO
AVOID THE UNNECESSARY INVOLVEMENT OF THE HEAD OF THE AGENCY IN THE DELEGATION PROCESS.
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III. CLASSIFICATION CATEGORIES
NO SPECIFIC CATEGORIES ARE GIVEN
NO SPECIFIC CATEGORIES.-ARE GIVEN WHICH
WHICH LIMIT SUBJECT MATTERS THAT MAY
LIMIT SUBJECT MATTERS THAT MAY BE
BE CLASSIFIED
CLASSIFIED
1. MILITARY PLANS, WEAPONS, OR OPERA-
1. MILITARY PLANS, WEAPONS, OR
TIONS;
OPERATIONS;
2. FOREIGN GOVERNMENT INFORMATION;
2. THE VULNERABILITIES OR CAPA-
3. INTELLIGENCE ACTIVITIES, SOURCES OR
BILITIES OF SYSTEMS, INSTALLA-
METHODS;
TIONS, PROJECTS, OR PLANS VITAL
4. FOREIGN RELATIONS OR FOREIGN ACTIVI-
TO THE NATIONAL SECURITY;
TIES OF THE UNITED STATES;
3. FOREIGN GOVERNMENT INFORMA-
5. SCIENTIFIC, TECHNOLOGICAL, OR ECONO-
TION;
MIC MATTERS RELATING TO THE NATIONAL
4. INTELLIGENCE ACTIVITIES (IN-
SECURITY;
CLUDING SPECIAL ACTIVITIES), OR
6. UNITED STATES GOVERNMENT PROGRAMS
INTELLIGENCE SOURCES OR METHODS;
FOR SAFEGUARDING NUCLEAR MATERIALS OR
5. FOREIGN RELATIONS OR FOREIGN
FACILITIES; OR
ACTIVITIES OF THE UNITED STATES;
7. OTHER CATEGORIES OF INFORMATION
6. SCIENTIFIC, TECHNOLOGICAL,
WHICH ARE RELATED TO NATIONAL SECURITY
OR ECONOMIC MATTERS RELATING TO
AND WHICH REQUIRE PROTECTION AGAINST
THE NATIONAL SECURITY;
UNAUTHORIZED DISCLOSURE AS DETERMINED
7. UNITED STATES GOVERNMENT PRO-
BY THE PRESIDENT, BY A PERSON DESIGNAT-
GRAMS FOR SAFEGUARDING NUCLEAR
ED BY THE PRESIDENT PURSUANT TO SEC.
MATERIALS OR FACILITIES;
1-201, OR BY AN AGENCY HEAD.
8. CRYPTOLOGY;
9. A CONFIDENTIAL SOURCE; OR
10. OTHER CATEGORIES OF INFORMA-
TION WHICH ARE RELATED TO THE
NATIONAL SECURITY AND WHICH RE-
QUIRE PROTECTION AGAINST UNAU-
THORIZED DISCLOSURE AS DETER-
MINED BY THE PRESIDENT OR BY
COMMENT: THE THREE ADDITIONAL CATEGORIES ADDED TO THE CURRENT DRAFT REFLECT EXPERIENCE OF 3 YEARS UNDER E
12065
O
AGENCY HEADS WHO HAVE ORIGINAL
.
.
WHICH INDICATED THAT THE ELEMENTS ADDED WERE JEOPARDIZED IN THE CONTEXT OF LITIGATION
IT IS NOT INTENDED
CLASSIFICATION AUTHORITY. ANY
.
THAT ADDITIONAL MATERIAL WILL BE CLASSIFIED UNDER THESE CATEGORIES BEYOND THAT WHICH WAS SUBJECT TO CLASSI
DETERMINATION MADE UNDER THIS
-
FICATION UNDER E.O. 12065.
SUBSECTION SHALL BE REPORTED
PROMPTLY TO THE DIRECTOR OF THE
INFORMATION SECURITY OVERSIGHT
OFFICE.
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E.O.
10501, AS AMENDED
E.O. 11652
E.O. 12065
CURRENT DRAFT
FOUR
GROUPS:
THREE GROUPS:
SIX YEARS UNLESS EXTENDED BY HEAD OF
IF APPROPRIATE, A LIMIT SHALL
AGENCY OR TOP SECRET AUTHORITY FOR
BE ESTABLISHED AT TIME OF
GROUP
1-NO
LIMITATIONS ON DURATION
1. ADVANCED DECLASSIFICATION SCHEDULE-
PERIODS UP TO 20 YEARS. FOLLOWING
ORIGINAL CLASSIFICATION.
GROUP
2-N0
LIMITATIONS ON DURATION
(ADS):
REVIEW, HEAD OF AGENCY MAY EXTEND BE-
CLASSIFICATION SHALL CON-
GROUP
3-NO
LIMITATIONS ON DURATION
TS-SOONER THAN 10 YEARS
YOND 20 YEARS.
TINUE AS LONG AS REQUIRED
GROUP
4-12
YEARS
S-SOONER THAN 8 YEARS
BY NATIONAL SECURITY INTE-
C-SOONER THAN 6 YEARS
EXPERIENCE HAS SHOWN THAT THE OVER-
REST.
2. GENERAL DECLASSIFICATION SCHEDULE
WHELMING MAJORITY (IN EXCESS OF 90%)
(GDS):
NOT MARKED FOR AUTOMATIC DECLASSIFICA-
TS-10 YEARS
TION IN SIX YEARS.
S-8 YEARS
C-6 YEARS
3. EXTENDED DECLASSIFICATION SCHEDULE:
(.XDS):
TS-30 YEARS UNLESS EXTENDED
S-30 YEARS UNLESS EXTENDED
C-30 YEARS UNLESS EXTENDED
COMMENT: THE DRAFT ORDER RECOGNIZES THAT AUTOMATIC DECLASSIFICATION DATES WHICH DO NOT RELATE TO A SPECIFIC OCCURRENCE ARE ARTIFICIAL DETERMINATIONS
WHICH POSE A THREAT TO SECURITY OF THE INFORMATION. EXPERIENCE INDICATES THAT AGENCIES AVOID AFFIXING-AUTOMATIC DECLASSIFICATION DATES
WHENEVER POSSIBLE.
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 Approved For Release 2006/04/19 : CIA-RDP86-00674R000300030001-3
V. L
IMITATIONS ON CLASSIFICATION
E. 0. 10501, as amended
E, 0, 11652
E. 0. 12065
Current draft
NO SPECIFIC GROUP OF LIMITATIONS.
CLASSIFICATION SOLELY ON BASIS OF
CLASSIFICATION IMPROPER WHEN USED TO
CLASSIFICATION SOLELY ON
SOME REFERENCES TO AVOIDING VNNECr
NATIONAL SECURITY CONSIDERATIONS.
CONCEAL VIOLATIONS OF LAW, INEFFICIENCY
BASIS OF NATIONAL SECURITY
ESSARY OR INAPPROPRIATE
NOT TO CONCEAL INEFFICIENCY OR
OR ERROR, PREVENT EMBARRASSMENT, OR
CONSIDERATIONS. NOT TO
CLASSIFICATION,
ERROR, TO PREVENT EMBARRASSMENT,
RESTRAIN COMPETITION, OR LIMIT
CONCEAL VIOLATIONS OF LAW,
TO RESTRAIN COMPETITION OR TO
DISSEMINATION OF INFORMATION.
INEFFICIENCY OR ERROR,
PREVENT THE RELEASE QF MATERIAL
PREVENT EMBARRASSMENT,
NOT REQUIRING NATIONAL SECURITY
BASIC SCIENTIFIC RESEARCH NOT CLEARLY
RESTRAIN COMPETITION, OR
PROTECTION.
RELATED TO NATIONAL SECURITY MAY NOT
DELAY RELEASE OF INFORMATION.
BE CLASSIFIED. CLASSIFICATION MAY
UNDER VERY LIMITED CIRCUM-
NOT BE RESTORED TO DOCUMENTS DECLASSI.-
STANCES, DECLASSIFIED
FIED AND RELEASED TO THE PUBLIC.
INFORMATION WHICH REQUIRES
UNDER VERY LIMITED CIRCUMSTANCES
PROTECTION MAY BE RECLASSI-
DOCUMENTS CAN BE CLASSIFIED AFTER
FIED. UNDER LIMITED
RECEIPT OF FOIA OR MANDATORY REVIEW
CIRCUMSTANCES, DOCUMENTS
REQUEST,
CAN BE CLASSIFIED AFTER
RECEIPT OF FOIA OR MANDATORY
REVIEW REQUEST.
COMMENTS: THE CURRENT DRAFT RETAINS THE CRITICAL LIMITATIONS OF THE EXISTING ORDER, IN ALLOWING THE VERY LIMITED RECLASSIFICATION OF MATERIAL
PREVIOUSLY RELEASED, THE DRAFT RECOGNIZES INSTANCES IN WHICH THIS ACTION IS BOTH NECE$$AAY AND EPFECTIVE,
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 Approved For Release 2006/04/19 : CIA-RDP86-00674R000300030001-3
E. 0. 10501, as amended
E. 0. 11652
E. 0. 12065
Current draft
NO RECOGNITION OF DISTINCTION
NO SPECIFIC RECOGNITION OF DISTINCTION
RECOGNIZES DERIVATIVE CLASSIFICATION
RECOGNIZES DERIVATIVE CLASSI-
BETWEEN ORIGINAL AND DERIVATIVE
BETWEEN ORIGINAL AND DERIVATIVE
AS A COMPLETELY DISTINCT PROCESS FROM
FICATION AS A COMPLETELY
CLASSIFICATION.
CLASSIFICATION. HOLDERS OF CLASSIFIED
ORIGINAL CLASSIFICATION, BUT DOES NOT
DISTINCT PROCESS FROM
INFORMATION ARE REQUIRED "TO OBSERVE
DEFINE DERIVATIVE CLASSIFICATION. ANY
ORIGINAL CLASSIFICATION, AND
AND RESPECT" THE CLASSIFICATION
AUTHORIZED HOLDER OF CLASSIFIED
DEFINES THE TERM. ANY
ASSIGNED BY THE ORIGINATOR.
INFORMATION MAY DERIVATIVELY CLASSIFY,
AUTHORIZED HOLDER OF
EVEN PERSONS WITHOUT ORIGINAL CLASSI-
CLASSIFIED INFORMATION MAY
FICATION AUTHORITY. MANDATES CREATION
DERIVATIVELY CLASSIFY, EVEN
OF CLASSIFICATION GUIDES TO BE USED
PERSONS WITHOUT ORIGINAL
BY DERIVATIVE CLASSIFIERS.
CLASSIFICATION AUTHORITY.
MANDATES CREATION OF
CLASSIFICATION GUIDES, BUT
AGENCY HEAD MAY WAIVE
REQUIREMENT FOR SPECIFIC
CLASSES OF INFORMATION AND
REPORT WAIVER TO ISOO,
ISOO EXPERIENCE IN MONITORING THE PROGRAM SHOWS THAT APPROXIMATELY 951 OF ALL CLASSIFICATION ACTIONS ARE DERIVf~TIVE IN NATURE,,
APPROPRIATE APPLICATION OF DERIVATIVE CLASSIFICATION PROMOTES UNIFORM CLASSIFICATION OF LIKE INFORMATION AND FACILITATES ITS
SAFEGUARDING AND ULTIMATE DECLASSIFICATION. THE DRAFT ORDER REFLECTS 1500 EXPERIENCE THAT THERE ARE CERTAIN CLASSES OF
INFORMATION FOR WHICH CLASSIFICATION GUIDES ARE INEFFECTUAL.
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 Approved For Release 2006/04/19 : CIA-RDP86-00674R000300030001-3
E.O. 10501, AS AMENDED
E.O. 11652
E.O. 12065
CURRENT DRAFT
HEAD OF AGENCY AND DESIGNEES MAY
AUTHORITY TO DECLASSIFY OR DOWNGRADE
AUTHORITY TO DECLASSIFY OR DOWNGRADE
AUTHORITY TO DECLASSIFY OR
DECLASSIFY OR DOWNGRADE INFORMATION
RESTS WITH THE ORIGINATING OFFICIAL; A
RESTS WITH THE ORIGINATING OFFICIAL;
DOWNGRADE RESTS WITH THE
ORIGINATED WITHIN THAT AGENCY. HEAD
SUCCESSOR IN FUNCTION; A SUPERVISORY
A SUCCESSOR IN FUNCTION; A SUPERVISORY
ORIGINATING OFFICIAL; A
OF AGENCY AND DESIGNEES MAY DECLAS-
OFFICIAL OF EITHER; AND ANY OTHER
OFFICIAL OF EITHER; OR OTHER OFFICIALS
SUCCESSOR IN FUNCTION; A
SIFY OR DOWNGRADE INFORMATION ORIGI-
OFFICIAL WITH TOP SECRET OR SECRET
DESIGNATED BY THE AGENCY HEAD. THE
SUPERVISORY OFFICIAL OF EITHER;
NATING IN ANOTHER AGENCY BUT IN THEIR
CLASSIFICATION AUTHORITY WHO HAS BEEN
DIRECTOR OF ISOO MAY ORDER AN AGENCY
OR OTHER OFFICIALS DESIGNATED
POSSESSION BASED ON REGULATIONS
DESIGNATED BY ONE OF THE PRIOR LISTED
HEAD TO DECLASSIFY INFORMATION DETER-
BY THE AGENCY HEAD OR THE
ISSUED BY ORIGINATING AGENCY.
OFFICIALS.
MINED TO BE CLASSIFIED IN VIOLATION OF
SENIOR INFORMATION SECURITY
THE ORDER. SUCH AN ORDER MAY BE
PROGRAM OFFICIAL.
APPEALED BY AGENCY HEAD TO NATIONAL
SECURITY COUNCIL.
COMMENT; THE DRAFT ORDER RETAINS THE DECLASSIFICATION PROCEDURES OF E.O. 12065 AS THEY PERTAIN TO AUTHORITY AND FACILITATES THE DECLASSIFICATION
PROCESS BY ALLOWING THE AGENCY SENIOR OFFICIAL TO DESIGNATE DECLASSIFICATION AUTHORITIES.
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E . 0. 10501, as amended
E. 0. 11652
E, 0, 12065
Current draft
NO PROVISIONS FOR SYSTEMATIC
ALL INFORMATION CLASSIFIED UNDER
PERMANENTLY VALUABLE CLASSIFIED
SYSTEMATIC REVIEW TO BE
REVIEW.
PRIOR ORDERS TO BE REVIEWED FOR
RECORDS SHALL BE SYSTEMATICALLY
CARRIED OUT BY THE ARCHIVIST,
DECLASSIFICATION BY THE ARCHIVIST
REVIEWED FOR DECLASSIFICATION
CONSISTENT WITH PROCEDURES
OF THE UNITED STATES 30 YEARS FROM
TWENTY YEARS FROM DATE OF ORIGIN.
PRESCRIBED BY ISOO AND AGENCY
DATE OF ORIGIN. AGENCIES TO PROVIDE
AGENCY HEAD MAY EXTEND DECLASSI-
GUIDELINES, ON ALL MATERIAL
THE ARCHIVIST WITH GUIDELINES AND
FICATION IN TEN YEAR INCREMENTS
ACCESSIONED INTO THE NATIONAL
SUPPORT AS NEEDED. CLASSIFICATION
FOLLOWING REVIEW, FOREIGN
ARCHIVES AND CLASSIFIED
OF SPECIFIC CATEGORIES OF INFORMATION
GOVERNMENT INFORMATION TO BE
PRESIDENTIAL PAPERS IN THE
MAY BE EXTENDED BEYOND 30 YEARS BY
REVIEWED 30 YEARS FROM DATE OF
ARCHIVIST'S CONTROL. TIME-
THE HEAD OF THE ORIGINATING AGENCY.
ORIGIN, ALL AGENCIES SHALL
FRAMES TO BE ESTABLISHED
DEVELOP GUIDELINES FOR USE IN THIS
IN ACCORDANCE WITH ISOO
PROGRAM,
DIRECTIVES AND AGENCY
GUIDELINES, AGENCY HEADS
MAY CONDUCT SYSTEMATIC REVIEW
PROGRAM ON PERMANENTLY VALU-
ABLE RECORDS ORIGINATING IN
THOSE AGENCIES,
COMMENTS: THE CURRENT DRAFT REPRESENTS A COMPROMISE POSITION BETWEEN THE RECOMMENDATION OF THE GENERAL ACCOUNTING OFFICE THAT SYSTEMATIC
REVIEW BE ABOLISHED ENTIRELY AND THE CURRENT SYSTEM WHICH IS BOTH COSTLY AND UNSUCCESSFUL IN MEETING THE ErEQUIREMENTS OF THE
ORDER. THE MORE REALISTIC PROGRAM ENVISIONED UNDER THE DRAFT ORDER WILL BETTER BALANCE THE NEEDS OF RESEARCHERS WITH AVAILABLE
RESOURCES.
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IX. MANDATORY REVIEW
E.O. 10501, AS AMENDED
E.O. 11652
E.O. 12065
CURRENT DRAFT
NO PROVISION REGARDING MANDATORY
ORIGINATOR SHALL REVIEW INFORMATION FOR
A MEMBER OF THE PUBLIC OR GOVERNMENT
ALL INFORMATION SUBJECT TO MAN-
REVIEW.
POSSIBLE DECLASSIFICATION UPON A REQUEST
AGENCY MAY, AT ANY TIME, REQUEST
DATORY REVIEW AT ANY TIME UPON
BY AN AGENCY OR MEMBER OF THE GENERAL
THAT CLASSIFIED INFORMATION BE REVIEWED
REQUEST BY US CITIZEN, RESI-
PUBLIC IF THE INFORMATION IS AT LEAST
FOR DECLASSIFICATION AND RELEASE.
DENT ALIEN, OR STATE OR LOCAL
TEN YEARS OLD.
PRESIDENTIAL MATERIALS LESS THAN TEN
GOVERNMENT. REQUEST MUST BE
YEARS OLD ARE EXEMPT FROM THIS REQUIRE-
SPECIFIC ENOUGH THAT AGENCIES
MENT. AGENCIES CANNOT REFUSE TO CON-
CAN LOCATE THE INFORMATION WITH
FIRM OR DENY THE EXISTENCE OF A DOCU-
REASONABLE EFFORT. PRESIDENTIAL
MENT UNLESS THAT FACT IS CLASSIFIABLE
MATERIALS ARE SUBJECT TO MANDA-
UNDER THIS ORDER.
TORY REVIEW 12 YEARS AFTER
CREATION. AGENCIES SHALL DEVE-
IN MAKING DECLASSIFICATION DECISIONS THE
LOP PROCEDURES FOR MANDATORY
ORIGINATOR SHOULD BALANCE THE BENEFITS
REVIEW, TO INCLUDE A METHOD OF
TO THE PUBLIC FROM RELEASE OF INFORMA-
APPEAL. INFORMATION SHALL BE
TION AGAINST NATIONAL SECURITY CONSI-
REVIEWED BY THE ORIGINATOR IF
DERATIONS.
IN THE CUSTODY OF ANOTHER AGENCY.
COi1NENT: OMISSION OF THE "BALANCING TEST" IS DESIGNED TO PREVENT THE UNINTENDED JUDICIAL REVIEW OF EXECUTIVE BRANCH DISCRETION. BALANCING
IS INHERENTLY A PART OF THE DECISION TO CLASSIFY AND DECLASSIFY INFORMATION. THE DELAY TO 12 YEARS FOR REVIEW OF PRESIDENTIAL RECORDS
IS DESIGNED TO BE CONSISTENT WITH THE PRESIDENTIAL RECORDS ACT OF 1978.
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 Approved For Release 2006/04/19 : CIA-RDP86-00674R000300030001-3
E. 0. 10501, as amended
E. 0. 11652
E. 0. 12065
Current draft
SETS FORTH BASIC POLICIES CONCERNING
PROVIDED ESSENTIALLY THE SAME BASIC
IN ADDITION TO THE BASIC POLICIES
RETAINS THE SAFEGUARDING
ACCESS, STORAGE, LOCKS AND SECURITY
POLICIES FOR THE PROTECTION OF
SET FORTH IN PREDECESSOR ORDERS,
POLICIES OF E. 0. 12065
CONTAINERS, DISSEMINATION, LOSS,
NATIONAL SECURITY INFORMATION. IN
INCLUDED DIRECTION FOR REPRODUCTION
WITH THE EXCEPTION OF
COMPROMISE, ACCOUNTABILITY, TRANS-
ADDITION, REQUIRED THE NATIONAL
CONTROLS AND FOR MONITORSHIP OF
THOSE PORTIONS DEALING
MISSION, DESTRUCTION, ETC.
SECURITY COUNCIL TO ISSUE DIRECTIVES
SPECIAL ACCESS PROGRAMS BY THE
WITH REPRODUCTION CONTROLS.
CONCERNING PROTECTION BASED ON THESE
DIRECTOR OF THE INFORMATION SECURITY
ADDS PROVISIONS PROHIBITING
POLICIES.
OVERSIGHT OFFICE (ISOO). PROVIDES
DISTRIBUTION OR DISSEMINA-
THAT THE ISOO PROMULGATE IMPLEMENTING
TION OF INFORMATION TO A
SAFEGUARDING DIRECTIVES,
THIRD AGENCY WITHOUT THE
AGREEMENT OF THE ORIGINATING
AGENCY.
COMMENTS: THE THIRD-AGENCY RULE CURRENTLY CONTAINED IN THE ISOO DIRECTIVE HAS BEEN PLACED IN THE DRAFT ORDER. THE IMPLEMENTING DIRECTIVE
WILL REQUIRE AGENCIES TO ESTABLISH APPROPRIATE REPRODUCTION CONTROLS,
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 Approved For Release 2006/04/19 : CIA-RDP86-00674R000300030001-3
E.O. 10501, AS AMENDED
E.O. 11652
E.O. 12065
CURRENT DRAFT
MADE NO PROVISIONS FOR OVERSIGHT BY AN
INDEPENDENT BODY
EACH AGENCY WAS RE
ESTABLISHED A SEVEN MEMBER INTERAGENCY
CLASSIF
A
ESTABLISHES A SEPARATE AND INDEPENDENT
THE CURRENT DRAFT ESSENTIALLY
.
-
SPONSIBLE FOR MONITORING ITS OWN PRO-
IC
TION REVIEW COMMITTEE (ICRC) TO
ASSIST THE NSC IN MONITORING IMPLEMENTA
BODY, THE INFORMATION SECURITY OVER-
RETAINS ALL AUTHORITY PROVID-
GRAM. THE NATIONAL SECURITY COUNCIL
-
TION OF THE ORDER. THE ICRC WAS CHARGED
SIGHT OFFICE (IS00), TO MONITOR THE
PROGRAM. PROVIDES AUTHORITY FOR THE
ED TO THE ISOO BY E.O. 12065.
IN ADDITION IT PROVIDES THE
(NSC) WAS RESPONSIBLE FOR CONDUCTING
A CONTINUING REVIEW OF THE IMPLEMEN
SPECIFICALLY TO OVERSEE AGENCY ACTIONS,
TO I
DIRECTOR, ISOO, TO OVERSEE AND ENSURE
DIRECTOR THE AUTHORITY TO
-
TATION OF THE ORDER TO ENSURE THAT
NCLUDE APPROVAL OF AGENCY IMPLEMENT-
ING DIRECTIVES
AND TO RECEIVE AND TAKE
COMPLIANCE WITH THE ORDER THROUGH ON-
S
PRESCRIBE GOVERNMENT-W DE
CLASSIFIED DEFENSE INFORMATION WAS
,
ACTION ON SUGGESTIONS AND COMPLAINTS
ITE REVIEWS OF AGENCY PROGRAMS, AND
REVIEW AND APPROVE AGENCY
IMPLE-
STANDARD SECURITY FORMS AND
TPOINT MEMB
PROPERLY SAFEGUARDED.
REGARDING THE PROGRAM FROM PERSONS WITH-
.
MENTING REGULATIONS AND SYSTEMATIC
ERS OF THE
ISOO STAFF
IN OR OUTSIDE THE GOVERNMENT.
REVIEW GUIDELINES. REQUIRES THE
.
HEADS OF AGENCIES WERE CHARGED TO DESIG-
DIRECTOR TO REPORT ANNUALLY TO THE
PRESIDENT ON THE STATUS OF IMPLEMENTA-
THE DRAFT CONTINUES TO PRO-
VIDE THAT THE NSC SHALL PRO-
NATE A SENIOR OFFICIAL RESPONSIBLE FOR
TION OF THE ORDER. THE DIRECTOR, ISOO,
VIDE OVERALL POLICY DIRECTION
EFFECTIVE IMPLEMENTATION AND FOR ENSURING
IS GIVEN THE AUTHORITY TO DEVELOP AND
FOR THE PROGRAM
THAT AGENCY PERSONNEL WERE FAMILIAR WITH
PROMULGATE DIRECTIVES FOR IMPLEMENTING
.
THE REQUIREMENTS OF THE ORDER.
THE ORDER THAT ARE BINDING ON AGENCIES.
OVERALL POLICY DIRECTION FOR THE PROGRAM
IS PROVIDED BY THE NATIONAL SECURITY
COUNCIL.
COMMENT: CURRENT DRAFT CONTINUES TO RECOGNIZE THE NEED FOR AN INDEPENDENT OVERSIGHT ORGANIZATION.
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XII. SANCTIONS
E. 0. 10501, as amended
E. 0. 11652
E. 0. 12065
Current draft
PROVIDED FOR NO SPECIFIC SANCTIONS
SANCTIONS WERE LIMITED TO CASES OF
SANCTIONS WERE EXPANDED TO COVER
THE SANCTION PROVISIONS OF
EXCEPT THAT AGENCY HEADS WERE
REPEATED UNNECESSARY CLASSIFICATION
KNOWING AND WILLFUL (1) CI.ASSIFICA-
E. 0. 12065 ARE CONTINUED
DIRECTED TO TAKE PROMPT AND
OR OVERCLASSIFICATION AND TO
TION IN VIOLATION OF THE ORDER; (2)
IN THE CURRENT DRAFT. THE
STRINGENT ACTION AGAINST ANY
UNAUTHORIZED DISCLOSURES OF NATIONAL
UNAUTHORIZED DISCLOSURE; OR (3)
ONE ADDITION IS PROVISION
EMPLOYEE DETERMINED TO HAVE BEEN
SECURITY INFORMATION.
VIOLATION OF ANY OTHER PROVISION
FOR "NEGLIGENT" UNAUTHORIZED
KNOWINGLY RESPONSIBLE FOR THE
OF THE ORDER OR IMPLEMENTING
DISCLOSURE OR "NEGLIGENT"
UNAUTHORIZED RELEASE OR DISCLOSURE
DIRECTIVES. A RANGE OF SANCTIONS
VIOLATION OF ANY OTHER
OF CLASSIFIED DEFENSE INFORMATION.
FROM REPRIMAND TO REMOVAL WAS ESTA-
PROVISION OF THE ORDER OR
BLISHED, THE DIRECTOR OF I800
IMPLEMENTING DIRECTIVES.
MUST BE INFORMED OF ALL VIOLATIONS
THE RANGE OF SANCTIONS
AND CORRECTIVE ACTIONS TAKEN.
PROVIDED BY E. 0. 12065
IS CONTINUED, AS WELL AS
PROVISIONS FOR THE DIRECTOR,
ISOO, TO BE NOTIFIED IN
CASES OF UNAUTHORIZED
DISCLOSURE OR CLASSIFICATION
IN VIOLATION OF THE ORDER.
COMMENTS: CURRENT DRAFT RETAINS AND STRENGTHENS THE SANCTION PROVISIONS OF E. 0, 12065, IT RELIEVES THE REQUIREMENT THAT AGENCIES MAKE
ON-THE-SPOT REPORTS OF MINOR ADMINISTRATIVE VIOLATIONS TO THE ISOO,
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COi1PARISON OE EXECUTIVE ORbLR 12065 AND 71111 LINALI`I' ORDER
DRAFT ORDER
E>tecuthe Order
Dol.
By the authority reamed In me n Rnidon, by the Conrdmlion and I.w4 of
the United Sutea of .{,aerie.. In ceder 1o b.6... d.e p..biic, interest in
a[[o1 to Govcrnotcm htfoanution with the need m prose.. censin national
..nnit. iufor,natlon born dtaclontre. a la hereby ordered a. fop4wc
Hollanol Security MftnnaIlon
TABLE OF CONTENTS
PION
1:1
CLASSIFICATION LEVELS
CLASSIFICATION AUTHORITY
3.rn.. !. 01.0.... C......ne.noa,
1-1 CNnt..aia. aa...,................. _ .................. _.................................. ........ 110041
SE.
l1
CLASSIFICATION CATEGORIES
OURATION OF CLASSIFICATION
I-I 1.Ya...6,,nw w.nw deltl0 ?y"4R000
Section 4.1(0) of the proposed Order contains editorial changes.
Section 4_ 102 of the present Order has been deleted. This subject is
included under Sectlan 1.5 of the proposed Order.
Section 4-104 of the present Order has been deleted. This subject
will be addressed In more detail in the implementing directive.
Section 4.1(c) of the proposed Order contains editorial changes.
Section 4.1(d) of the proposed Order is presently addressed In 1500
Directive No. I, E.O. 12065. It more properly belongs In this section
of the proposed Order.
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4-2. Speiiaf dross Proyraev.
4-201. Agency hods listed in Section 1-201 may create special acens
programs to control access, distributiom and protection of particularly sensi.
tive information dassiled pursuant to this Order or prior Orden. Such pro-
grams may he created or continued only by written direction and only by
those agency heads and. for matters pertaining to intelligence sources and
methods, by the Director of Central Intelligence. Clasulled Information in
such programs shall be declassified according to the provisions of Section 1.
4-rue. apccut access programs may be creates or concussion only on a
specific showing than. .
fat normal management and safeguarding procedures are not sufficient to
limit need-to-know or access;
Ib) the number of persona who will need access will be reasonably ,snap
and commensuraee with the objective of providing extra protection for the,
information involved; and
Ic) the special access controls balance the need to protect the information
against the full spectrum of needs to use the inforrhasion.
4-203. All special access programs shall be reviewed regularly and. ncept
those required by treaty or international agreemens. shall terminate ausiGmati-
rally every live years unless renewed in accordance with the procedures in
Section 4-2.
1-104. within 180 dais alter the cifectiv^ date of this Order, agency
heads shall review all existing special access propems under their jurisdiction
and continue them only in accordance with the procedures in Section 4-2.
Each of those agency finds shall also establish and maintain a Intern of
..accounting for special access prognms. The Director of the Information Secu.
rity Oversight Office shall have nets-delegable access to all such accountings.
COMPARISON Uf' EXCCUT I VE OWE[ I iOi. i APIIJ THE DRAFT OPULk
SEC 4.2 Special Access Programs.
(a) Agency heads designated pursuant to Section 1.2(a) may
create special access programs to control access, distribution,
and protection of particularly sensitive information classified
pursuant to this Order or predecessor orders. Such programs
may be created or continued only at the written direction of
n elligagency ence activities For special access programs (including special activities pertaining but not
to Intelligence
Including military operational strategic and tactical programs),
or intelligence sources or methods, this function will be
exercised by the Director of Central Intelligence. For special
access programs pertaining to cryptology, this function will be
exercised by the Secretary of Defense.
(b) Each agency head shall establish and maintain a system of
accounting for special access programs. The Director of the
information Security Oversight Office, consistent with the
provisions of Section S.2(bX4) shall have non-delegable access
to all scdn accountings.
Section 4.2(a) of the proposed Order contains editorial changes.
Section 4-202 of the present Order has been deleted. This section
will be addressed in the implementing directive.
Section 4-203 of the present Order has been deleted. Continuance
of this requirement is an unnecessary and costly administrative.
burden.
Section 4.2(b) of the proposed order contains editorial changes.
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COMPAR I SUN CF EXECUi I VE Ol;DEH 1 U(.5 AF(t) I IIE I )RR/1F I' ORDER
EXCCUTIVF ORDER 17045
4-1. Arias by Huronrul Rnmrrhm and Former Pr.w/anal.lppointn,
4-301. The requirement in Section 1-101 that access m classifed infor?
motion may be granted only.a. is necessary for she performance of official
duties may be waived as provided in Section 4-302 for persons who:
Ia) are engaged in historicsl research project.. or
IN previously have occupied policy-making positions to which they were
appointed by the President.
4-302, waivers under S-coon 1-301 may be ;ranted only if the sgencv
wuh jurisdicton over the informition:
(a) makes a written determination that attest is consistent wish the Inter.
tea of national security;
tbl takes aopropsinte ceps to enure that teens is limited to specific
casegerieu of information over which that agency has c!sanfcation jurisdiction:
Ic) limits the access grunted to former IRnmoennal appointee, to item,
that the person originated, reviewed, signed or received while serving a, a
Presidential appointee.
4-101. Top Secret documents may not be reproduced without the consent
of the originating agency unless otherwise marked by the originating office.
4-402. Reproduction of Secret and Contldendal documents may be to.
tittered by the originating agency.
4-403. Reproduced copies of classified documents are subject to the same
accountability and controls as the original documents.
4-104. Records 'hall be maintained by all agencies that reproduce paper
copies of classified documenu to show the number and distribution of repro.
duced copies of all Top Secret documents, of at documents covered by
special access programs distributed outside the originating agency, and of all
Secret and all Confldential documents which are marked with special di>emi?
tudon and reproduction limitations in accordance with Section 1-506.
4-405. Sections 4-IOt and 4-402 shall not restrict the reproduction of
documents for the purpose of facilitating review for declataification. However.
sucn reproduced documents that remain davi0e4 alter review must be de
srrol ed after they are used. Artrlr
SEC 4.3 Access by Historical Researchers and Former Presidential
utces.
(a) The requirement in Section 4.1(a) that access to cltusified
information may be granted only as is essential to the
accomplishment of authorized end lawful Government purposes
may be waived as provided in Section 4.3(b) for persons who;
(1) are engaged In historical research projects, or
(2) previously have occupied policy-making positions to
which they were appointed by the President,
(b) Waivers under Section 4.3(a) may be granted only if the
originating agency;
(I) determines In writing that access Is consistent with
the Interest of national security;
(2) takes appropriate steps to protect classified
Information from unauthorized disclosure or compromise,
and ensures that the Information is safeguarded in a
manner consistent with this Order; and
(3) limits the access granted to farmer presidential
appointees to items that the person originated, reviewed,
signed, or received while serving as a presidential
appointee.
Section 4-4 of the present Order has been deleted. This section will
be addressed in the Implementing directive.
P00030001-3
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SECTION S. I.sruuctrsanoe.u.n Rn tcw.
Oveenght.
5-101. The National Security Council may review all matters with respect
to the implementation of this Order and shall provide overall policy direction
for the information security program.
5-102. The Administeamr of General Services shall be responsible for
implementing and monitoring the program established pursuant to this Order.
This responsibility shall be delegated to an Information Security Oversight
Office.
5-2. fefomranoa Srnmry Ovrrryht O//Re
5-201. The Information Security Oversight Office shall have a full-time
Director appointed by the Administrator of General Services subject to ap.
proval by the President, The Administrator also shall have authority to ap-
point a stall for the Office.
top develop. in consultation with the agencies, and promulgate. subject to
the approval of the National Security Council. directives for the implements.
(ion of this Order which shall be binding in the agencies;
(41 oversee agency actions to ensure compliance with this Order and
implementing directives;
11) review all avence implemenrtine regulations and agency guidelines for
systematic dedassiGcat:on review. The Director shall require any regulation or
guideline to be charged if it is not consistent with this order or implementing
J directives. Any such decision by the Director may be appealed to die National
Security Council, The agency regrdmion or guidelir.e shall remain in effect
until the appeal is decided or until one year from the date of she Director's
derision. whichever occurs first.
111) have the authority to conduct on-site reviews of the information
security program of each agency that handles classified information and to
require of each agency such reports. information, and other coopernion as
necessary to fulfill his responsibilities. if such reports, inspection, or access to
specific categories of classificd information would pose an exceptional national
security risk, the affected agency head may deny cess. The Director may
appeal denials to the National Security Council. The denial of access shall
remain In effect until the appeal is decided or until one year from she date of
the denial, whichever occur, first.
Appr
PART S
IMPLEMENTATION AND REVIEW
SEC 5.1 Policy Direction.
(a) The National Security Council shall provide overall policy
direction for the information security program.
(b) The Administrator of General Services shall be responsible
for Implementing and mars; luring the program established
pursuant to this Order. The Administrator shall delegate the
Implementation and manitorship functions of this program to
the Director of the Information Security Oversight Office.
SEC 5.2 Information Security Oversight Office.
(a) The Information Security Oversight Office shall hove a
full-time Director appointed by the Administrator of General
Services subject to approval by the President. The Director
shall have the authority to appoint a staff for the Office.
(I) develop, in consultation with the agencies, an
promulgate, subject to the approval of the National
Security Council, directives for the Implementation of
this Order which shall be binding on the agencies;
(2) oversee agency actions to ensure compliance with
this Order and implementing directives;
(3) review all agency implementing regulations and
agency guidelines for systematic declassification
review. The Director shall require any regulation or
guideline to be changed if it is not consistent with this
Order or implementing directives. Any such decision by
the Director may be appealed to the National Security
Council. The agency regulation or guideline shall remain
In effect until the appeal is decided;
(4) have the authority to conduct on-site reviews of the
information security program of each agency that
generates or handles classified information and to require
of each agency those reports, Information, and other
cooperation that may be necessary to fulfill the
Director's resparsibillties. If these reports, Inspections,
or access to specific categories of classified information
would pose an exceptional national security risk, the
affected agency head or the senior official designated
under Section 5.3(aXI) may deny access. The Director
ma a al denials to the Notional Security Council. The
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2. d;
Section 5.2(a) of the proposed Order contains editorial changes.
 Approved For Release 2006/04/19 : CIA-RDP86-00674R000300030001-3
?g1 exercise casc?ov-ease classdtcation authority in accordance with Section
I-205 and review requests for original clantflcasion authont? from agencies or
officials no, granrod original dassillcation authority under Section 1-2 or this
Order and
iht consider and take action an complains and suggestions from persons
within or outside the Government with respect to she adminisinsion of the
information security program. including appeals from decisions on declassili.
cation requests pursuant to Section 1-503:
it report annually to the Presidttm -hrw:zh the Administrator rf General
Services and the National Security Council on the implementation of this
Order:
tel exercise sae authority to declassuy mtormauon provided by Sections
3-104 and 3-503:
3-3. fetrragmty Insorxtsswn Security C.ces uW-
5-301. There is established an interagency Information Security Commit-
ice which shall be chaired by the Director and shall he comprised of represent.
macs of the Secretaries of State, Defense, Treasury, and Energy, the Attorney
General. the Director of Centel Inrdligence. the National Security Council.
the Domestic Policy Staff. and the Archivist of the United States.
3-302. Represenatiees of other agencies may be invited to meet with the
committee on matten of panIcular interest to those agencies.
5-303. The Committee shall meet at the all of the Chairman or at the
request of a member agency and shall advise the Chairman on implementation
of this order.
(5) review requests for original classification authority
from agencies or officials not granted original
classification authority and, if deemed appropriate,
recommend presidential approval;
(6) consider and take action an complaints and
suggestions from persons within or outside the
Government with respect to the administration of The
Information security program;
(7) have the authority to prescribe, after consultation
with affected agencies, standard forms that will promote
the Implementation of the Information security programs
(8) exercise case-by-case classification authority In
accordance with Section 1.2(0)1
(9) report of least annually to the President through the
Ivlaticnal Security Council an the implementation of this
Orders and
(10) have the authority to convene and chair interagency
meetings to discuss matters pertaining to the information
security program.
REASONS FOR CHANCE
Section 5.2(6x7) of the proposed Order Fos been added to 1500
responsibiliifes in the interest of promoting standordtzatltan,
security, and ecaamy in security farms.
Section 5.2(bx10) of the proposed Order provides a more flexible
means of discussing information security mutters with affected
agencies through ad hoc cortxesittees. The inclusion of this
subsection makes Section 5-3 of the present Order unnecessary.
Section 5-3 of the present Order has been deleted. This subject Is
incorporated in Section 5.2(6)( 10) of the proposed Order.
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3-401. A copy of any information security regulation and a copy of any
guideline for systematic dec4usificadoes review which has been adopted pursu.
ant to this Order or implementing directives, shall be submitted to the Infor.
madon Security Oversight Office. To she extent practicable. such regulations
and guidelines should be unclassified.
COMPARISON OF EXECUTIVE ORDER 12065 AND THE DRAFT ORDER
SEC 5.3 General Responsibilities.
(a) Agencies that originate or handle classified information
shout
3-104. Agencies which originate or handle classified information shall:
(al designate a senior agency official to conduct an active oversight pro.
gram to ensure effective implementation of this Order,
3-102. Unclassified regulations that establish agency information security
policy and undasaified quidefna'for systematic declassification review shall be
published in the Feoen.ts. Recsaraa.
l0 establish procedures to prevent unnecessary access to classified infor.
mation. Including procedures which require that a demonstrable need for
access to classified information is established before initiating administrative
clearance procedure,, and which ensures that, the number of people granted
access to classified information It reduced to and maintained at she minimum
number that Is consistent wish operational requirements and needs; and
(I) designate a senior agency official to direct and
administer Its Information security program, which shall
Include an active oversight and security education
program to ensure effective Implementation of this
Order;
(2) promulgate implementing regulations. Any
unclassified regulations that establish agency information
security policy shall be published or Incorporated by
reference in the Federal Register to the extent that
these regulations feet mem s of the public;
(3) establish procedures to prevent unnecessary access to
classified Information, including procedures that (I)
require that a demonstrable need for access to classified
Information Is established before initiating administrative
clearance procedures, and (Ii) ensure that the number of
persons granted access to classified Information is
limited to the minimum consistent with operational and
security requirements and needs; and
(4) develop special contingency plans for the
protection
of classified information used In or near hostile or
potentially hostile areas.
5-403. Agencies with original classification authority shall promulgate
guides for security classification that will facilitate the identification and uni.
form classification of information requiring protection under the provisions of
this Order.
3-101. lbl designate a senior agency official to chair an agency committee with
suthnnta so act on all suggestions and cancpiama ?:uh respect to the agenc,'t
administration of the ioformaton secunty program;
App
Section 5-401 of the present Order has been deleted. This section Is
Incorporated in 5.2(bX3) of the proposed Order.
Section 5-403 of the present Order has been deleted. This subject Is
addressed In Section 2.2 of the proposed Order.
Section 5-404(b) of the present Order has been deleted. This subject
is Incorporated In 5.3(cX 1) of the proposed Order.
00030001-3
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EXECUTIVE ORDER 12065
declassthcauon
lei eslabhsh a process to decide appeals tram denwls at
requau submitted pursuant to Section 1-S;
id) establish a program to familiarise agency and other personnel who
have access to classified information with the provisions of this Order and
implementing directives. This program shall impress upon agency personnel
their responsibility to exercise tigilancc in complying with this Order The
program shall encourage agency personnel to challenge. through Mandatory
Review and other appropriate procedures, those ctasifcusion decisions they
believe to be improper,
(e) promulgate guidelines for sysscntasic review in accordance with Sec.
Lion 5-402;
Igl ensure that practices for safeguarding information are systematical
reviewed and that those which are duplicative or unnecessary are eliminate
Section 5-404(c) of the present Order has been deleted. This subject
Is incorporated in 3.4(d) of the proposed Order.
Section 5-404(d) of the present Order has been deleted. This subject
Is iricorporottsd In 5.3(aXl) of the proposed Order.
Section 5-404(e) of the present Order has been deleted. This subject
Is Incorporated in 3.3(o) of the proposed Order.
Section 5-404(g) of the present Order has been deleted. This subject
Is Incorporated in Part 4 of the proposed Order.
5-405. Agencies shall submit to the information Security Oversight Off,
such infonnatfort or reports as the Director of the Office may find neesssary
carry out the Office's responsibilities.
S-3., ,tde,ctsoetor aaufioes.
5-501. If the Information Security Oversight Once finds that a violation
of this Order or any implementing directives may have occurred, it shag make
a report to the head of the agency concerned to that corrective steps may be
taken.
5-502. Officer and employees of the United Stases Government shag be
.object to appropriate administrative sanedons if they:
(at knowingly and willfully classify or continue (he classification of Infor.
notion in violation of this Order or any implementing directives: or
(bi knowingly, willfully and without authorization disclose informadon
properly classified under this Order or prior Orders or compromise property
classified information through negligence. or
(c) knowingly and willfully violate any other provision of this Order or
Implementing directive.
SEC 5,4 Sanctions.
(a) I f the Director of the Information Security Oversight
Office finds that a violation of this Order or Its Implementing
directives may have occurred, the Director shall make a report
to the head of the agency or to the senior official designated
under Section 5.3(aX1)so that corrective steps, if appropriate,
may be taken.
Os) Officers and employees of the United States Government,
and Its contractors, licensees, and grantees shall be subject to
appropriate sanctions If they.
(I) knowingly, willfully, or negligently'disclose to
unauthorized persons information properly classified
under this Order or predecessor orders;
(2) knowingly and willfully classify or continue the
classification of Information in violation of this Order or
any implementing directive; or
(3) knowingly and willfully violate any other provision of
this Order or Implementing directive.
Section 5-405 of the present Order has been deleted. This subject is
Incorporated in Section 5.2 of the proposed Order.
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5-SOS. Sanction may include repnmand. suspension without pay. remov-
al. termination of clanilkahioo authority, or other iancuon in accordance with
applicable law and agency regulation.
s-51W .Agency hods shall ensure that appropriate and prompt conceive
asvnn is taken whenesera violation under Section 5-302 )crurs. The Director
,it Intormasion Secuniv Oversight Office shall be informed when such
tnl.u Inns .)CCnf.
a-a1a5. Agency heads shall report to the Attorney General evidence re.
fI -r?ed in dassitied infonnation of possible ciol+anns of Federal criminal law
b. an agents employee and of possible violations Sc an, other pertou of those
federal criminal laws specified in guidelines adopted by the Attorney General.
(c) Sanctions may Include reprimand, suspension without pay,
removal, termination of classification authority, loss or denial
of access to classified information or other sanction in
accordance with applicable law and agency regulation.
(d) Each agency head or the senior official designated under
Section 5.3(oXI) shall ensure that appropriate and prompt
corrective action Is taken whenever a violation under Section
5.4(b) occurs. Either shall ensure that the Director of the
Information Security Oversight Office is promptly notified
whenever a violation under Section 5.4(bX I) or (2) occurs.
Section 5.4(d) of the proposed Order contains editorial changes.
Section 5-505 of the present Order has been deleted. This subject is
addressed in Attorney General guidelines making it redundant and
inappropriate In the proposed Order.
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Ci iI AR I SON OF i_XECU1 I VL OI;UER ) 2O(1t-i AND TIIL UkAF T OilDER
d-102. "Classified intbrmation- means information or material. herein
collectirclr termed information, that is owned by, produced for or by, or
under the control of. the United States ro,e-. t,nt. and that has been
?1" rruaert o susnt to this Order or pnor Urrien to require xc.-enon
.41 unauthoriacd disciosure, and that is so designated.
6-1119. "Foreign yorenrment infurmarion" means information that has
i'??'[ pmudo t to he United Sates in :cmfif nee yr, or praiured be the
L int'l Stare, pnnuant to a written jni[tt srranoemeni requiring coniidenrtalus
+nh a lureign Tai enlmeot or itur^..atianal -rti ~mrtinn of ;o,ernmenn.
n-141. ]atlonal seeumy means the national detente and foreign rela-
nnns oldie United States.
6-1115. "Deelassiticatton even;" means an event which would eliminate the
Iced for continued daasifintion.
Appr
PART 6
GENERAL PROVISIONS
SEC 6.1 Definitions.
(a) "Agency" has the meaning provided at S U.S.C. 552(e).
(b) "Information" meow any information or material,
regardless of Its physical form or characteristics, that is owned
by, produced by, produced for, or is under the control of the
United States Government.
(c) "National security information" means Information that has
been determined pursuant to this Order or any predecessor
order to require protection against unauthorized disclosure and
that is so designated.
(d) "Foreign government information meansi
(1) information provided by a foreign government or
governments, on International organization of
governments, or any element thereof with the
expectation, expressed or implied, that the information,
the source of the information, or both, are to be held in
confidence; or
(2) any information produced by the United States
pursuant to or as a result of a joint arrangement with a
foreign government or organization of governments,
requiring that the information, the arrangement, or both,
be held in confidence.
This section of the proposed Order contains some editorial changes
and Includes three new definitions and deletes one.
New definitions:
Proposed Order
6.1(b) Information
6.1(f) Confidential Source
6.I(g) Original Classification
These definitions were added to insure consistent interpretation by
affected agencies.
Deleted definition:
Present Order
6-105 DeclasslfIcation Event
This definition is self explanatory, thus including it under definitions
In Section 6 of the proposed Order is unnecessary.
(e) "Notional security" means the notional defense and/or
foreign relations of the United States.
(f) "Confidential source" means any individual or organization
that has provided, or that may reasonably be expected to
provide, information to the United States on matters
pertaining to the notional security with the expectation,
expressed or Implied, that the Information or relationship, or
both, be held In confidence.
(g) "Original classification" means an initial determination
that Information requires, in the Interest of notional security,
protection against unauthorized disclosure, together with a
classification designation signifying the level of protection
required
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EXECUTIVE: MAR
G-1 c,errnr.
6-201. Nothing in this Order shall supersede any requirement made by or
umler the Atomic Energy Act of 190.1. as amended. "Restricted Data" and
into rma,ion designated as "Formerly Restricted Data" shall be handled. pro-
tected. elassilied. downgraded. and declassified in conformity nub she pmvj.
smut of the Atomic Energy Act of 1939. as amended. and regulations issued
pursuant thereto.
6-202. The Attorney General, upon request by the head of an agency. his
duly designated represenutive, or the Director of the Information Security
Oversight Office. shall personally or through authorized reprmenratives of the
Department of Justice render an interpretation of this Order with respect to
any question arising in the course of in admininntion.
LLt1i,'l,ISCff (A-'- IV UiIiLtt I, iiu I Ai'lij II IL ld'.fll f Ultl)Lk
(a) Nothing in this Order shall supersede any requirement
made by or under the Atomic Energy Act of 1954, as
amended. "Restricted Data" and "Formerly Restricted Data"
shall be handled, protected, classified, downgraded, and
declassified in conformity with the provisions of the Atomic
Energy Act of 1954, as amended, and regulations issued under
that Act.
(b) The Attorney General, upon request by the head of on
agency or the Director of the Information Security Oversight
Office, shall personally or through authorized representatives
of the Deportment of Justice render an interpretation of this
Order with respect to any question arising in the course of its
administration.
(c) Executive Order No. 12065 of June 28, 1978; the
accompanying presidential Order of June 28, 1978; Information
Security Oversight Office Implementing Directive No. I of
October 2, 19781 and Section 5-209 of Executive Order No.
12148 of July 20, 1979, are revoked as of the effective date of
this Order.
Appro