DECLASSIFICATION REQUESTS UNDER FOIA AND OTHER AUTHORITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T01032R000100070020-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 23
• Document Creation Date: December 27, 2016
• Document Release Date: May 1, 2012
• Sequence Number: 20
• Publication Date: June 8, 1987
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
The Director of Central Intelligence
WWjKtx, D.C. 20503
National Intelligence Council
8 June 1987
MEMORANDUM FOR: National Intelligence Officers
FROM: H. F. Hutchinson, Jr.
Acting Chairman, National Intelligence Council
SUBJECT: Declassification Requests Under FOIA and Other Authority
1. In the past few weeks a dozen or so FOIA requests seeking the
declassification and release of national intelligence estimates have come
across my desk. After reviewing the estimates and your notes responsive to
these requests, I decided that a strong case could be made that none should
be declassified and released. If the dozen or so pieces I have seen in a
two-week period are representative of the annual flow, many of our most
sensitive estimates are being requested. Should you concur in the
declassification and release of such documents, the hostile intelligence
services would have a magnificent, clear window into the intelligence
processes of the Central Intelligence Agency. Therefore, we should
carefully consider all requests for declassification and resolve doubts in
favor of continued classification.
2. The protection of intelligence sources and methods is the usual
concern in considering declassification of specific documents. Most of the
intelligence products sent to me recently carried an NIO assessment that
"sources" were not an issue. Indeed, there were no individual sources such
as prime ministers, sub-cabinet officials, etc., named in the documents.
However, reflections of the breadth and depth of our sources on particular
issues were clear from the information proposed for release. It would seem
to me that information showing a wealth, or paucity, of intelligence sources
on an issue would be of great value to our adversaries and should be
protected from public disclosure. Additionally, USG estimative judgments,
which may include unflattering remarks about personal will and integrity of
the leaders of various countries, are laid out ad seriatim in estimates on
the same subject, year after year. It would seem tat re ease of such
information clearly could harm the foreign relations of this country and,
thus, is properly classified under Executive Order 12356 and our own
regulations. Additionally, if there is much to be learned about U.S.
intelligence capabilities from one estimate, it logically follows that
hostile services will learn even more incrementally from the sum of multiple-
CL BY SIGNER
DECL OADR
25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 I
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
SUBJECT: Declassification Requests Under FOIA and Other Authority
estimates declassified and released into the public domain. In essence, if
material is properly classified or relevatory of intelligence sources and
methods, it should not be released without very careful consideration.
After careful review, I saw no reason to release any of the documents sent
to me in the past few weeks.
3. Some of the major references guiding us in our responsibilities
under FOIA and the classification rules are the FOIA and Executive Order
12356. Copies of those, along with a discussion of your review
requirements, are attached to this memorandum. I request that you carefully
review these references. Under the FOIA, truly unclassified information is
required to be released unless otherwise exempt from disclosure. The
purpose of this memorandum is not to prevent the release of such
information. However, when uncertainties about declassification issues
arise, you should resolve them in favor of the protection of the
government's security interests in protecting sources, methods, and the
foreign relations of this country. Also you should feel free to consult the
IRO/DI or me concerning the release of particular pieces of information.
Your Judgments will come to me as recommendations for NIC decisions (or
recommendations to higher authority). I will expect your careful
consideration and recommendation on each request.
Attachments:
As Stated
2
SECRET
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
SECRET
8 June 1987
MEMORANDUM FOR: National Intelligence Officers
SUBJECT: Declassification Requests Under FOIA and Other Authority
DCI/AC/NIC:HFH:jcn 8 June 1987
Attachments:
As Stated
Distribution:
1 - Each NIO w/att
Office of NIC Chrono w/o att
1 - HFH Chrono w/att
SECRET
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
?552. Public information; agency rules, opinions,
orders, records, and proceedings . .
(a) Each agency shall make available to the
public information as follows:
? (1) Each agency shall separately state and
currently publish in the Federal Register for
the guidance of the public-
(A) descriptions of its central and field orga-
nization and the established places at which.
the employees (and in the case of a uni-
formed service, the members) from whom,
and the methods whereby, the public may
obtain information, make submittals or re-
quests. or obtain decisions;
. (B) statements of the general course and
method by which its functions are channeled
and determined, including the nature and re-
quirenients of all formal and informal proce-
dures available;
(C) rules of procedure, descriptions of forms
available or the places at which forms may be
obtaLned, and instructions as to the scope and
contents of all papers, reports, or examina-
tions;
(D) substantive rules of general applicabU-
Ity adopted as authorized by law, and state-
ments of general policy or interpretations of
general applicability formulated and adopted
by the ageny; and
(E) each amendment, revision, or repeal of
the foregoing.
Except to the extent that a person has actual
and timely notice of the terms thereof, a person
may not in any manner be required to resort to,
or be adversely affected by, matter required
to be published in the Federal frcgister and not
so published. For the purpose of this para-
graph. matter reasonably available to the class
of persons affected thereby is deemed pub-
lished in the Federal Register when incorporat-
ed by reference therein with the approval of
the Director of the Federal Itet:ister.
(2) Each agency, in accordance with pub-
lished rules, shall make available for public in-
spection and copying--
(A) final opinions, including concurring and
dissenting opinions, as well as orders, made in
the adjudication of cases;
(B) those statements of policy and interpre-
tations which have been adopted by the
agency and are not publiahc,d in the Federal
Register, and
(C) administrative staff manuals ' -and
instructions to staff that affect a member of
the public; -
unless the materials are promptly published
and copies offered for sale. To the extent re-
quired to prevent a clearly unwarranted inva-
sion of personal privacy, an agency may delete
identifying details when it makes available or
publishes an opinion, statement of policy, inter-
pretation, or staff manual or instruction.'I-low-
ever, In each case the justification for the dele-
tion shall be explained fully in writing. Each
agency shall also maintain and make available
for public inspection and copying current in-
dexes providing Identifying information for the
public as to any matter issued, adopted, or pro-
mulgated after July 4. 1967, and required by
this paragraph to be made available or pub-
lished. Each agency shall promptly publish,
quarterly or more frequently, and distribute
(by sale or otherwise) copies of each Index. or
supplements thereto unless it determines by
order published in the Federal Register that
the publication would be unnecessary and im-
practicable, in which case the agency shall
nonetheless provide copies of such index on re-
quest at a cost not to exceed the direct cost of
duplication. A final order, opinion, statement of
policy, interpretation, or staff manual or in-
struction that affects a member of the public
may be relied on, used, or cited as precedent by
an agency against a party other than an agency
only if-
(I) it has been indexed
available or published as
paragraph; or
(ii) the party has actual
of the terms thereof.
and either made
provided by this
and timely notice
(3) Except with respect to the records made
available tinder paragraphs (1) and (2) of this
subsection, each agency, upon any request for
records which (A) reasonably describes such re-
cords and (B) is made in accordance with pub-
lished rules stating the time, place, fees (if
any), and procedures to be followed, shall make
the records promptly available to any person.
(4)(A) In order to carry out the provisions of
this section, each agency shall promulgate reg-
ulations, pursuant to notice and receipt of
public comment, specifying a uniform schedule
of fees applicable to all constituent units of
such agency. Such fees shall be limited to rea-
sonable standard charges for document search
and duplication and provide for recovery of
only the direct costs of such search and dupli-
cation. Docu rents shall be furnished without
charge or at a reduced charge where the agency
determines that waiver or reduction of the fee
is in the public interest because furnishing the
information can be considered as primarily
benefiting the general public.
(B) On complaint, the district court of the
United States in the district In which the com-
plainant rc: ides, or has his principal place of
business, or Aim which the agency records are sit-
uated, or in the District of Columbia, has juris-
diction to enjoin the at:rnc:y from withholding
agency rerotd: and to order the production of
any . , ettcy records iutpioperly withheld from
the complainant. In such a case the court shall
determine the matter de novo, and may exam-
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
ire the contents of such agency records in
camera to determine whether such records or
any part thereof shall be withheld under any of
the exemptions set forth in subsection (b) of
this section. and the burden is on the agency to
sustain Its action.
(C) Notwithstanding any other provision of
law, the defendant shall serve an answer or oth-
erwise plead to any complaint made under this
subsection within thirty days after service upon
the defendant of the pleading in which such
complaint is made, unless the court otherwise
directs for good cause shown.
(D) Except as to cases the court considers of
greater Importance, proceedings before the dis.
trict court. as authorized by this subsection,
and appeals therefrom, take precedence on the
docket over all cases and shall be assigned for
hearing and trial or for argument at the earli-
est practicable date and expedited in every way.
(E) The court may assess against the United
States reasonable attorney fees and other liti-
gation costs reasonably incurred in any case
under this section in which the complainant
has substantially prevailed.
(F) Whenever the court orders the produc-
tion of any agency records improperly withheld
from the complainant and assesses against the
United States reasonable attorney fees and
other litigation costs, and the court additional-
ly issues a written finding that the circum-
stances surrounding the withholding raise ques-
tions whether agency personnel acted arbitrar-
ily or capriciously with respect to the withhold-
ing, the Civil Service Commission shall prompt-
ly initiate a proceeding to determine whether
disciplinary action is warranted against the of-
ficer or employee who was primarily responsi-
ble for the withholding. The Commission, after
investigation and consideration of the evidence
submitted, shall submit its findings and recom-
mendations to the administrative authority of
the agency concerned and shall send copies of
the findings and recommendations to the offi-
cer or employee or his representative. The ad-
ministrative authority shall take the corrective
action that the Commission recommends.
(G) In the event of noncompliance with the
order of the court. the district court may
punish for contempt the responsible employee,
and in the case of a uniformed service, the re-
sponsible member.
(5) Each agency having more than one
member shall maintain and make available for
public inspection a record of the final votes of
each member in every agency proceeding.
(6)(A) Each agency, upon any request for re-
cords made under paragraph (1). (2), or (3) of
this subsection, shall-
(I) determine within ten days (excepting
Saturdays, Sundays, and legal public holi-
days) after the receipt of any such request
whether to comply with such request and
shall immediately notify the person making
such request of such determination and the
reasons therefor. and of the right of such
person to appeal to the head of the agency
any adverse determination; and
(ii) make a determination with respect to
any appeal within twenty days (excepting
Saturdays. Sundays, and lei al public holi-
days) after the receiot of such anneal. If on
appeal the denial of the request for records is
in whole or in part upheld, the agency shall
notify the person making such request of the
provisions for judicial review of that determi-
nation under paragraph (4) of this subsection.
(B) In unusual circumstances as specified in
this subparagraph, the time limits prescribed in
either clause (i) or clause (ii) of subparagraph
(A) may be extended by written notice to the
person making such request setting forth the-
reasons for such extension and the date on
which a determination Is 'expected to be dis-
patched. No such notice shall specify a date
that would result in an extension for more than
ten working days. As used in this subparagraph.
"unusual circumstances" means, but only to the
extent reasonably necessary to the proper pro-
cessing of the particular request-
(i) the need to search for and collect the re-
quested records from field facilities or other
establishments that are separate from the
office processing the request;
(ii) the need to search for, collect, and ap-
propriately examine a voluminous amount of
separate and distinct records which are de-
manded in a single request; or
(iii) the need for consultation, which shall
be conducted with all practicable speed, with
another agency having a substantial interest
in the determination of the request or among
two or more components of the agency
having substantial subject-matter interest
therein.
(C) Any person making a request to any
agency for records under paragraph (1). (2), or
(3) of this subsection shall be deemed to have
exhausted his administrative remedies with re-
spect to such request if the agency fails to
comply with the applicable time limit provi-
sions of this paragraph. If the Government can
show exceptional circumstances exist and that
the agency is exercising due diligence, in re-
sponding to the request, the court may retain
jurisdiction and allow the agency additional
time to complete its review of the records. Upon
any determination by an agency to comply with
a request for records, the records shall be made
promptly available to such person making such
request. Any notification of denial of any re-
quest for records under this subsection shall set
forth the names and titles or positions of each
person responsible for the denial of such re-
quest.
(b) This section does not apply to matters
that are-
(1)(A) specifically authorized under criteria
established by an Executive order to be kept
secret in the interest of national defense or
foreign policy and (B) are in fact properly
classified pursuant to such Executive order;
(2) related solely to the internal personnel
rules and practices of an agency;
(3) specifically exempted from disclosure by
statute (other than section 552b of this title).
provided that such statute (A) requires that
the matters be withheld from the public in
such a manner as to leave no discretion on
the issue, or (13) establishes particular criteria
for withholding or refers to particular types
.- `av .. G.. ...rail..: ?n t.:~~C'!'!sYwf t.' ti?- ,. Jr. N. s .r. .~ Har_.i~r
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 . , .
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
(4) trade secret-, and commercial or finan.
cial information obtained from a person and
privileged or confidential;
(5) inter-agency or intra-agency memoran-
dums or letters which would not be available
by law to a party other than an agency in liti-
gation with the agency;
(6) personnel and medical files and similar
files the disclosure of which would constitute
a clearly unwarranted invasion of personal
privacy:
(7) investigatory records compiled for law
enforcement purposes, but only to the extent
that the production of such records would (A)
Interfere with enforcement proceedings, (B)
deprive a person of a right to a fair trial or an
impartial adjudication, (C) constitute an un-
warrarited invasion of personal privacy, (D)
disclose the identity of a confidential source
and. in the case of a record compiled by a
criminal law enforcement authority in the
course of a criminal investigation, or by an
agency conducting a lawful national security
Intelligence investigation, confidential infor-
mation furnished only by the confidential.
source, (E) disclose investigative techniques
and procedures, or (F) endanger the life or
physical safety of law enforcement personnel;
(8) contained in or related to examination,
operating, or condition reports prepared by,
on behalf of, or for the use of an agency re-
sponsible for the regulation or supervision of
financial Institutions; or
(9) geological and geophysical information
and data, including maps, concerning wells.
Any reasonably segregable portion of a record
shall be provided to any person requesting such
record after deletion of the portions which are
exempt under this subsection.
(c) This section does not authorize withhold-
ing of information or limit the availability of
records to the public, except as specifically
stated in this section. This section is not au-
thority to withold information from Congress.
(d) On or before March 1 of each calendar
year. each agency shall submit a report cover-
ing the preceding calendar year to the Speaker
of the House of Representatives and President
of the Senate for referral to the appropriate
committees of the Congress. The report shall
Include-
(1) the number of determinations made by
such agency not to comply with requests for
records made to such agency under subsec-
tion (a) and the reasons for each such deter-
mination;
(2) the number of appeals made by persons
under subsection (a)(6), the result of such ap-
peals, and the reason for the action upon
each appeal that results in a denial of infor-
mation;
(3) the names and titles or positions of each
person responsible for the denial of records
requested tinder this section, and the number
of instances of participation for each;
(4) the results of each proceeding conducted
pursuant to subsection (a)(4)(F). including a
report of the disciplinary action taken against
the officer or employee who was primarily re-
sponsible for improperly withholding records
or an explanation of why disciplinary action
was not taken;
(5) a copy of every rule made by such
agency regarding this section;
(6) a copy of the' fee schedule and the total
amount Of fees collected by the agency for
making records available tinder this section;
and
(7) such other information as Indicates ef-
forts to administer fully this section.
The Attorney General shall submit an annual
report on or before March 1 of each calendar
year which shall include for the prior calendar
year a listing of the number of cases arising
under this section, the exemption involved in
each case, the disposition of such case, and the
cost, fees, and penalties assessed under subsec.
tions (a)(4)(E), (F), and (G). Such report shall
also include a description of the efforts under-
taken by the Department of Justice to encour-
age agency compliance with this section.
(e) For purposes of this section, the terra
"agency" as defined in section 551(1) of this
title includes any executive department, mili-
tary department, Government corporation,
Government controlled corporation, or other
establishment in the executive branch of the
Government (including the Executive Office of
the President), or any independent regulatory
agency.
(Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 383; Pub.
L. 90-23, ? 1, June 5, 1967, 81 Stat. 54; Pub. L.
93-502, ?? 1-3. Nov. 21, 1974, 88 Stat. 1561-1564;
Pub. L. 94-409, ? 5(b), Sept. 13, 1976, 90 Stat.
1247.)
HISTORICAL AND REVISION NOTES
Derivation U.S. Code Revised Statutes and
Statutes at Large
--------- 5 U.S.C. 1002 June 11. 1946, ch. 324. ?3.
60 Stat. 238. .
In subsection (b)(3), the words "formulated and" are
omitted as surplusage. In the last sentence of subsec-
tion (b). the words "in any manner" are omitted as
surplusage since the prohibition is all inclusive.
Standard changes are made to conform with the
definitions applicable and the style of this title as out-
lined in the preface to the report.
CODIFICATION
Section 552 of former Title. 5, Executive Depart-
ments and Government Officers and Employees, was
transferred to section 2243 of Title 7, Agriculture.
AMENDMENTS
1976-Subsec. (b)(3). Pub. L. 94-409 added provision
excluding section 552b of this title from applicability
of exemption from disclosure and provision setting
forth conditions for statute specifically exempting dis-
closure.
1974-Subsec. (a)(2). Pub. L. 93-502, ? 1(a), substitut-
ed provisions relating to maintenance and availability
of current Indexes, for provisions relating to mainte-
nance and availability of a current index, and added
provisions relating to publication and distribution of
copies of indexes or supplements thereto.
Subsec. (a)(3). Pub. L. 93-502, ? l(b)(1), substituted
provisions requiring requests to reasonably describe
records for provisions requiring requests, for identifi-
able records, and struck out provisions setting forth
procedures to enjoin agencies from withholding the
requested records and ordering their production.
Subsec. (a)(4). Pub. L. 93-502, ? I(b)(2), added subsec.
(a)(4). Former subset. (a)(4) redesl, nated (a)(5).
aubsec. (a)(5). Pub. L. 93-502, ? 1(b)(2), redesignated
former subsec. (a)(4) as (a)(5),
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 CIA-RDP89TO1032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
Subsec. (a)(6). Pub. L. 93-502. ? 1(c). added subset.
(a)(6).
Subsec. (b)(1). Putb. L. 93-502, ? 2(a). designated ex-
isting provisions as cl. (A), and, as so designated, sub.
stituted "authorized under criteria established by an"
for "required by", and added cl. (B).
Subsec. (b)(7). Pub. L. 93-502. ? 2(b), substituted pro-
visions relating to exemption for investigatory records
compiled for law enforcement purposes, for provisions
relating to exemption for investigatory files compiled
for law enforcement purposes.
Subsec. (b), foil. par. (9). Pub. L. 93-502. ? 2(c), added
provision relating to availability of segregable portion
of records.
Subsets. (d), (e). Pub. L. 93-502, ?3, added subsets.
(d) and (e).
1957-Subsec. (a). Pub. L, 90-23 substituted the in-
troductory statement requiring every agency to make
available to the public certain Information for former
Introductory provision excepting from disclosure (1)
any function of the United States requiring secrecy In
the public Interest or (2) any matter relating to inter-
nal management of an agency, now covered in subsec.
(b) (1) and (2) of this section.
Subsec. (a)(1). Pub..L. 90-23 Incorporated provisions
of: former subsec. (b)(1) in (A). inserting requirement
of publication of names of officers as sources of Infor-
mation and provision for public to obtain decisions.
and deleting publication requirement for delegations
by the agency of final authority; former subsec. (b)(2).
Introductory part, In (B); former subsec. (b)(2), con-
cluding part, in (C). inserting publication requirement
for rules of procedure and descriptions of forms avail-
able or the places at which forms may be obtained;
former subsec. (b)(3). Introductory part, in (D). insert-
Ing requirement of general applicability of substantive
rules and interpretations, added clause M. substitut-
ed exemption of any person from failure to resort to
any matter or from being adversely affected by any
matter required to be published In the Federal Regis-
ter but not so published for former subsec. (b)(3), con-
cluding part, excepting from publication rules ad-
dressed to and served upon named persons in accor-
dance with laws and final sentence reading "A person
may not be required to resort to organization or proce-
dure not so published" and added provision deeming
matter, which is reasonably available, as published in
the Federal Register when such matter is Incorporated
by reference In the Federal Register with the approval
of Its Director.
Subsec. (a)(2). Pub. L. 90-23 incorporated provisions
of former subsec. (c), provided for public copying of re-
cords, eliminated requirement of agency publication of
final opinions or orders and authority for secrecy and
withholding of opinions and orders required for good
cause to be held confidential and not cited as prece-
dents, latter provision now superseded by subsec. (b)
of this section, designated existing subsec. (c) as clause
(A). Including therein provision for availability of con'
curring and dissenting opinions, added provisions for
availability of policy statements and interpretations In
clause (B) and staff manuals and instructions in clause
(C), deletion of personal identifications from records
to protect personal privacy with written justification
therefor. and provision for indexing and prohibition of
use of records not indexed against any private party
without actual and timely notice of the terms thereof.
Subsec. (a)(3). Pub. I.. 90-23 incorporated provisions
of former subsec. (d) and substituted provisions requir-
Ing identifiable agency records to be made available to
any person upon request and compliance with rules as
to time, place, and procedure for inspection. and pay-
ment of fees and provisions for federal district court
proceedings de novo for enforcement by contempt of
noncompliance with court's orders with the burden on
the agency and docket precedence for such proceed-
Ings for former provisions requiring tnatters of official
record to be made available to persons properly and di-
rectly concerned except information held confidential
for good cause shown, the latter provision now super-
seded by subsec. (b) of this section.
Subsec. (a)(4). Pub. 1. 90-23 added s':b;ec. (a)(4).
Subsec. (b), pub. L. 90-23 added subsec. (b) which su-
perseded provisions excepting from disclo:cure any
function of the United States requiring secrecy in the
public interest or any matter resting to internal mall.
agement of an agency, formerly contained In former
subsec. (a), final opinions or orders required for good
cause to be held confidential and riot cited as prece-
dents, formerly contained in subsec. (c), and informa-
tion held confidential for good cause found, contained
In former subsec. (d) of this section.
Subsec. (c). Pub. L. 90-23 added subsec. (c).
EFFECTIVE DATE Or 1976 Am! nMENT
after Sept. 13, 1976. see section 6 of ePub `L. 94-409. set
out as a note under section 552b of this title.
ErryCrcvE DATE or 1974 Artastr:NT
Section 4 of Pub. L. 93-502 provided that: -The
amendments made by this Act (amending this section)
shall take effect on the ninetieth day beginning after
the date of enactment of this Act [Nov. 21. 19741:'
EFFECTIVE DATE or 1967 AMENDMENT
Section 4 of Pub. L. 90-23 provided that: "This Act'
[amending this section] shall be effective July 4, 1967,
or on the date of enactment [June 5, 1967), whichever
is later."
Federal Register Act, see section 1502 et seg. of Title
44, Public Printing and Documents.
Section applicable to functions exercised under In-
ternational Wheat Agreement Act of 1949, see settiott
1642 of Title 7, Agriculture.
SECTION REFERRED TO IN OTH'-?R SECTIONS.
This section is referred to in sections 551, 552a, 552b
of this title; title 2 sections 472, 501. 502; title 7 section
1642; title 15 sections 18a, 78m, 78ty. 18x, 78ggg, 719d,
766, 773, 705, 1314. 1418, 2055, 2217, 2613; title 16 sec-
tions 1100b-5, 1402; title 19 section 160; title 21 sec-
Lions 360d, 360j, 379; title '26 section 6110; title 31 sec.
tion 1052; title 33 section 1513; title 39 section 410;
title 42 sections 2996d, 3527, 4332, 5916, 6272-6274,
6346; title 45 section 546; title 46 section 1463; title 49
sections 1357, 1805, 1806, 1905; title 50 App. sections
4R3. 91 5Ra
,,..,.., Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89TO1032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02: CIA-RDP89T01032R000100070020-1
Tuesday
April 6, 1982
Part IV
The President
Executive Order 12356-
National Security Information
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 i
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 CIA-RDP89T01032R000100070020-1
14874,
Rueter Presidential Documents
col. 47, No. sb
r nsday. April s, 1962
ride 3-
Executive Order 12356 of April 2, 1182
the President National Security Information
Im
Agel
Praaibb (14674]
Amr 1. i11+,ilinid c triootion
14.1 iCLeslfication Lewla (14874]
12 Oaedfication Anthony 14874]
12 Classification Categories 14875]
1A Duration of Classification 14876]
1.5 Identification and Markings 148771
1.a Limitations on CJaasiflcation 14877]
And L Derieotire Ciossificotio i
!.1 Use of Derivative classification 14878]
!.2 Classification Guides 14878]
Part a DrclauificotIon and Downznding
U Declassification Authority 14878]
3.2 Transferred Information 148701
83 Systematic Review for Declassification 14870]
8.4 Mandatory Review for Declassification 148701
hrt 4. Sale caw dii g 11_
General Restrictions Access
Access Programs 14883]
42 Special
4.3 Access by Historical Researchers and Former Presidential Appointees 14881]
Part A lntplementotion and Review
5.1 Policy Direction 14881]
5.2 Information Security Oversight Office 148811
U General Responsibilities 14882]
sA Sanctions [14882]
Amt R Genera! Provision.
U Definition' 14883]
L2 General 14883]
This Order prescribes a uniform system for classifying, declassifying. and
safeguarding national security information. It recognizes that it is essential
that the public be informed concerning the activities of its Government. but
that the interests of the United States and its citizens require that certain
information concerning the national defense and foreign relations be protected
against unauthorized disclosure. Information may not be classified under this
Order unless its disclosure reasonably could be expected to cause damage to
the national security.
NOW, by the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered as follows:
Part 1
Original Classification
Section 1.1 .Classification Levels.
(a) National security Information (hereinafter "classified information") shall
be classified at one of the following three levels:
(1) "Top Secret" shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause exceptionally grave damage
to the national security.
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
Federal Register I Vol. 47. 140. uc r a uaPua7. '-'v' ' ---- r - --------- - - - -
(2) "Secret" shall be applied to information. the unauthorized disclosure of
which reasonably could be expected to cause serious damage to the national
security.
(3) "Confidential" shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause damage to the national
security.
Except as otherwise e provided by statute, no other terms shall be used to
Men* IA If time is reasonable doubt about the need to classify information, it shall
be safeguarded as If it were classified pending a determination by an original
classification authority, who shall make this determination within thirty (30)
days. If there Is reasonable doubt about the appropriate level of classification.
It shall be safeguarded at the higher level of classification pending a determi-
nation by an original classification authority, who shall make this determina-
tion within thirty (30) days.
$m1.2 C assificatlon Aut arlty.
(a) Top Secret. The authority to classify information originally as Top Secret
may be exercised only by.
(1) the President;
(2) agency heads and officials designated by the President In the Federal
Register, and
(3) officials delegated this authority pursuant to Section 12(d).
(b) Secret. The authority to classify Information originally as Secret may be
exercised only. by.
(1) agency heads and, officials designated by the President in the Federal
Register,
(2) officials with original Top Secret classification authority; and
(3) officials delegated such authority pursuant to Section 12(d).
(c) Confidential. The authority to classify information originally as Confiden-
tial may be exercised only by.
(1) agency heads and officials designated by the President in the Federal
Register.
(2) officials with original Top Secret or Secret classification authority; and
(3) officials delegated such authority pursuant to Section 12(d).
(d) Delegation of Original Classification Authority.
(1) Delegations of original classification authority shall be limited to the
minimum required to administer this Order. Agency heads are responsible for
ensuring that designated subordinate officials have a demonstrable and con-
tinuing need to exercise this authority.
(2) Original Top Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Section a 2.2(a2);
and the senior official designated under Section 5.3(a)(1). provided has been delegated original Top Secret classification authority by the agency
head.
(3) Original Secret classification authority may be delegated only by the
president; an agency head or official designated pursuant to Sections 1.2(a)(2)
and 1.2(b)(1); an official with original Top Secret classification authority; and
the senior official designated under Section 5.3(a)(1). provided that official has
been delegated original Secret classification authority by the agency head.
(4) Original Confidential classification authority may be delegated only by the
President an agency head or official designated pursuant to Sections 1.2(a)(2),
12(b)(1) and 1.2(c)(1); an official with original Top Secret classification author-
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
14876 Federal Register / Vol. 47, No. 68 / Tuesday, April 5, 1982 / Presidential Documents
fty, and the senior official -designated under Section 5.3(a)(1), provided that
official has been delegated original classification authority by the agency
head.
(8) Each delegation of original classification authority shall be in writing and
the authority shall not be redelegated except as provided in this Order. It shall
Identify the official delegated the authority by name or position title. Delegat-
ed classification authority includes the authority to classify information at the
level granted and lower levels of classification.
(e) L cceptionol Cues. When an employee. contractor, licensee, or grantee of
an agency that does not bave original classification authority originates
information believed by that person to require classification, the information
shall be protected in a manner consistent with this Order and its implementing
directives. The information shall be transmitted promptly as provided under
this Order or its Implementing directives to the agency that has appropriate
subject matter interest and classification authority with respect to this infor-
mation. That agency shall decide within thirty (30) days whether to classify
this information. If It Is not clear which agency has classification responsibili-
ty for this Information. It shall be sent to the Director of the Information
Security Oversight Office. The Director shall determine the agency having
primary subject matter interest and forward the information, with appropriate
recommendations. to that agency fora classification determination.
Sec. 1.3 Classification Categories.
(a) Information shall be considered for classification if It concerns:
(1) military plans. weapons, or operations;
(2) the vulnerabilities or capabilities of systems, installations, projects, or
plans relating to the national security;
(3) foreign government information;
(4) intelligence activities (including special activities). or intelligence sources
or methods;
(5) foreign relations or foreign activities of the United States;
(8) scientific, technological. or economic matters relating to the national
security;
(7) United States Government programs for safeguarding nuclear materials or
facilities;
(8) cryptology;
(9) a confidential source; or
(10) other categories of information that are related to the national security
and that require protection against unauthorized disclosure as determined by
the President or by agency heads or other officials who have been delegated
original classification authority by the President. Any determination made
under this subsection shall be reported promptly to the Director of the
Information Security Oversight Office.
(b) Information that is determined to concern one of more of the categories in
Section 1.3(e) shall be classified when an original classification authority also
determines that Its unauthorized disclosure, either by itself or in the context of
other information, reasonably could be expected to cause damage to the
national security.
(c) Unauthorized disclosure of foreign government information. the identity of
a confidential foreign source. or intelligence sources or methods Is presumed
to cause damage to the national security.
(d) Information classified in accordance with Section 1.3 shall not be declassi.
fied automatically as a result of any unofficial publication or inadvertent or
unauthorized disclosure in the United States or abroad of identical or similar
Information.
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
Federal Register / Vol. 47, No. 88 f Tuesday, April 6, 1982 1 Presidential Documents ? 14877
Sec. 1.4 Duration of Classification.
(a) Information shall be classified as long as required by national security
considerations. When it can be determined a specific date or event for
declassification shall be set by the original classification authority at the time
the information is originally classified.
(b) Automatic declassification determinations under predecessor orders shall
remain valid unless the classification is extended by an authorized official of
the originating agency. These extensions may be by individual documents or
categories of information. The agency shall be responsible for notifying hold-
ers of the information of such extensions.
(c) Information classified under predecessor orders and marked for declassifi-
cation review shall remain classified until reviewed for declassification under
the provisions of this Order.
Ssc.1J MentrfIcatron and Markings.
(a) At the time of original classification, the following information shall be
shown on the face of all classified documents, or clearly associated with other
forms of classified information in a. manner appropriate to the medium
involved unless this information itself would reveal a confidential source or
relationship not otherwise evident in the document or information:
(1) one of the three classification levels defined in Section 1.1;
(2) the Identity of the original classification authority if other than the person
whose name appears as the approving or signing official;
(3) the agency and office of origin; and
(4) the date or event for declassification, or the notation "Originating Agency's
Determination Required."
fb) Each classified document shall, by marking or other means, indicate which
portions are classified with the applicable classification level, and which
portions are not classified. Agency heads may, for good cause, grant and
revoke waivers of this requirement for specified classes of documents or
information. The Director of the Information Security Oversight Office shall be
notified of any waivers.
(c) Marking designations implementing the provisions of this Order, including
abbreviations, shall conform to the standards prescribed in implementing
directives issued by the Information Security Oversight Office.
(d) Foreign government information shall either retain its original classifica-
tion or be assigned a United States classification that shall ensure a degree of
protection at least equivalent to that required by the entity that furnished the
information.
(e) Information assigned a level of classification under predecessor orders
shall be considered as classified at that level of classification despite the
omission of other required markings. Omitted markings may be inserted on a
document by the officials specified in Section 3.1(b).
Sec. 1.8 Limitations on Closslficodon.
(a) In no case shall information 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 to prevent or delay
the release of information that does not require protection in the interest of
national security.
(b) Basic scientific research information not clearly related to the national
security may not be classified.
(c) The President or an agency head or official designated under Sections
1.2(#)(2). 1.2(b)(1), or 1.2(c)(1) may reclassify information previously declassi-
fied and disclosed if it is determined in writing that (1) the information
requires protection in the interest of national security; and (2) the information
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89TO1032R000100070020-1
may reasonably be recovered. These reclassification actions shall be reported
promptly to the Director of the Information Security Oversight Office.
(d) Information may be classified or reclassified after an agency has received
a request for It under the Freedom of Information Act (5 U.S.C. 552)'or the
Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of this
Order (Section 3.4) if such classification meets the requirements of this Order
and is accomplished personally and on a document-by-document basis by the
agency head, the deputy agency head. the senior agency official designated
under Section 5.3(a)(i). or an official with original Top Secret classification
authority.
Part 2
DerivaU.i won
Sec. 2.1 Use of Derivative Classification.
(a) Derivative classification is (1) the determination that information is in
substance the same as Information currently classified'and (2) the application
of the same classification markings. Persons who only reproduce, extract, or
summarize c assted Information, or who only apply classification markings
derived from source material or as directed by a classification guide, need not
possess original classification authority.
(a) Agencies with original classification authority shall prepare classification
. guides to facilitate the proper and uniform derivative classification of informa-
tion.
(b) Each guide shall be approved personally and In writing by an official who:
(1) has program or supervisory responsibility over the Information or is the
senior agency official designated under Section 5.3(a)(i); and
(2) is authorized to classify Information originally at the highest level of
classification prescribed in the guide.
Sea 22 Classification Guides.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions: and
(2) carry forward to any newly created documents any assigned authorized
markings. The declassification date or event that provides the longest period
of classification shall be used for documents classified on the basis of multiple
sources.
(c) Agency heads may. for good cause. grant and revoke waivers of the
requirement to prepare classification guides for specified classes of documents
or information. The Director of the Information Security Oversight Office shall
be notified of any waivers.
Part 3
Declossificatron and Downgmdfng
Sec. 31 Declassificot wr Au hority.
(a) Information shall be declassified or downgraded as soon as national
security considerations permit. Agencies shall coordinate their review of
classified information with other agencies that have a direct interest in the
subject matter. Information that continues to meet the classification require-
ments prescribed by Section 1.3 despite the passage of time will continue to be
protected in accordance with this Order.
(b) Information shall be declassified or downgraded by the official who
authorized the original classification, if that official Is still serving In the same
position; the originator's successor, a supervisory official of either, or officials
delegated such authority in writing by the agency head or the senior agency
official designated pursuant to Section 5.3(a)(1).
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
Federal Register / Vol. 47, No. 68 / Tuesday. April 6, 1982 / Presidential Documents 14879
(c) If the Director of the Information Security Oversight Office determines that
information is classified in violation of this Order, the Director may require
the information to be declassified by the agency that originated the classifica-
tion. Any such decision by the Director may be appealed to the National
Security Council. The information shall remain classified. pending a prompt
decision on the appeal.
(d) The provisions of this Section shall also apply to agencies that, under the
terms of this Order, do not have original classification authority, but that had
sucb authority under predecessor orders.
Sac 12 D n jirmsd O
(a) In the case of classified information transferred in conjunction with a
transfer of functions, and not merely for storage purposes. the receiving
agency shall be deemed to be the originating agency for purposes of this
Order.
(b) In the case of classified information that is not officially transferred as
described in Section 3.2(a), but that originated in an agency that has ceased to
exist and for which there is no successor agency, each agency in possession of
such information shall be deemed to be the originating agency for purposes of
this Order. Such Information may be declassified or downgraded by the
agency in possession after consultation with any other agency that has an
Interest in the subject matter of the Information.
(c) Classified information accessioned into the National Archives 6f the
United States shall be declassified or downgraded by the Archivist of the
United States in accordance with'this Order, the directives of the Information
Security Oversight Office, and agency guidelines.
Sec. 3.3 Systematic Review for Declassification.
(a) The Archivist of the United States shall, in accordance with procedures
and timeframes prescribed in the Information Security Oversight Office's
directives implementing this Order, systematically review for declassification
or downgrading (1) classified records accessioned into the National Archives
of the United States, and (2) classified presidential papers or records under
the Archivist's control. Such information shall be reviewed by the Archivist
for declassification or downgrading in -accordance with ? stematic review
guidelines that shall be provided by the head of the agency that originated the
information, or in the case of foreign government information, by the Director
of the Information Security Oversight Office in consultation with interested
agency heads.
(b) Agency heads -may conduct Internal systematic review programs for
classified information originated by their agencies contained in records deter-
mined .by the Archivist to be permanently valuable but that have not been
accessioned into the National Archives of the United States.
(c) After consultation with affected agencies, the Secretary of Defense may
establish special procedures for systematic review for declassification of
classified cryptologic information, and the Director of Central Intelligence may
estabthh special procedures for systematic review for declassification of
classified information pertaining to intelligence activities (including special
activities), or intelligence sources or methods.
Sea 3.4. Mandatory Review for Declassification.
(a) Except as provided in Section 3.4(b), all information classified under this
Order or predecessor orders shall be subject to a review for declassification
by the originating agency, if.
(1) the request Is made by a United States citizen or permanent resident alien,
a federal agency, or a State or local government; and
(2) the request describes the document or material containing the information
with sufficient specificity to enable the agency to locate it with a reasonable
amount of effort.
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 / W-1 A' NA AB I Tuesday. APr11 5, 198E I rresiaenua, arw,a+.?c????
go Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
(b) Information originated by a President, the White House Staff, by commit-
tees, commissions, or boards appointed by the President. or others specifically
providing advice and counsel to a President or acting on behalf of a President
is exempted from the provisions of Section 3.4(a). The ared Archivist of the United
States shall have the authority to review, downgrade declassify
lion under the control of the Administrator of General ServicesU rr the States
vist pursuant to sections 2107. 2107 note, or 2203 of tide 44,
Code. Review procedures developed by the Archivist shall provide for consul-
tation with agencies having primary subject matter interest and shall be
consistent with the provisions of applicable laws or lawful agreements that
pertain to the respective presidential papers or records. Any decision by the
Archivist may be appealed to the Director of the Information Security Over-
sight Office. Agencies with primary subject matter interest shall be notified
promptly of the Director's decision on such appeals and may further appeal to
the National Security Council. The information shall remain classified pending
a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for declassification shall declas-
aify information no longer requiring protection under this Order. They shall
release this information unless withholding is otherwise authorized under
applicable law.
(d) Agency heads shall develop procedures to process requests for, the manda-
tory review of classified information. These procedures shall apply to informa-
tion classified under this or predecessor orders. They shall also provide a
means for administratively appealing a denial of a mandatory review request.
(e) The Secretary of Defense shall develop special procedures for the review
of cryptologic information, and the Director of Central Intelligence shall
develop special procedures for the review of information pertaining to intelli-
gence activities (including special activities), or intelligence sources or meth-
ods, after consultation with affected agencies. The Archivist shall develop
special procedures for the review of information accessioned into the National
Archives of the United States.
(f) In response to a request for information under the Freedom of Information
Act. the Privacy Act of 1974, or the mandatory review provisions of this Order.
(1) An agency shall refuse to confirm or deny the existence or non-existence of
requested information whenever the fact of its existence or non-existence is
itself classifiable under this Order.
(2) When an agency receives any request for documents in its custody that
were .classified by another agency, it shall refer copies of the request and th the
requested documents to the originating agency for processing, and may,
consultation with the originating agency, inform the requester of the referral.
In cases in which the originating agency determines* in writing that a response
under Section 3.4(f)(1) is required, the referring agency shall respond to the
requester in accordance with that Section.
Part 4
Safeguarding
Sea 4.1 General Restrictions on Access.
(a) A person is eligible for access to classified information provided that a
determination of trustworthiness has been made by agency heads or designat-
ed officials and provided that such access is essential to the accomplishment
of lawful and authorized Government purposes.
(b) Controls shall be established by each agency to ensure that classified
information is used, processed. stored, reproduced, transmitted, and destroyed
only under conditions that will provide adequate protection and prevent
access by unauthorized persons.
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 ,lassified in Part -
Sanitized Copy Approved for Release 2012/05/02: CIA-RDP89T01032R000100070020-1
(c) Classified information shall not be disseminated outside the executive
branch except under conditions that ensure that the information will be given
protection equivalent to that afforded within the executive branch.
(d) Except as provided by directives issued by the President through the
National Security Council. classified information originating in one agency
may not be disseminated outside any other agency to which it has been made
available without the consent of the originating agency. For purposes of this
Section. the Department of Defense shall be considered one agency.
Sec. 43 Special Access Progroms.
(a) Agency beads 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
these agency heads. For special access programs pertaining to intelligence
activities (including special activities but not including military operational,
strategic and tactical programs), or Intelligence sources or methods, this
function will be exercised by the Director of Central Intelligence.
(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 5.2(b)(4), shall have non-
delegable access to all such accountings.
Sec. L3- Access by Historical Researchers and Former Presidential Ap-
pointees.
(a) The requirement in Section 4.1(a) that access to classified information may
be granted only as is essential to the accomplishment of authorized and 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:
(1) 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) limiti the access granted to former presidential appointees to Items that the
person originated. reviewed, signed, or received while serving as a presiden-
tial appointee.
Part 5
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 implement-
ing and monitoring the program established pursuant to this Order. The
Administrator shall delegate the implementation and monitorship 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 have-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.
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
. r saeru ,?w..- . - --- - ? 1
(b) The Director shall:
nta
ap loof
develop,consultation with Council. directives for the impleme
approval of f the National Security the agencies;
this Order. which shall be binding on
(2) oversee agency actions to ensure compliance with this Order and imple-
menting directives; for
(3) review all agency implementing regulations and agency guidelines gguu
systematic c declassification
or guideline with this Order or implement
ed if iis not Consistent
in r
cto s. be be Any such decision by Chang the Director may be appealed to the
Nadtionsl SecuSecua rity y Council. Vin ~cy ration or guideline shall remain In
Nanaffect pending a prompt decision an the appeal: lion security
(4) have the authority to conduct on-site reviews of the informs 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 responsibilities. 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(a)(1) may deny access. The Direc-
tor may appeal denials to the a National all Security Coo ncil. The denial of access
prompt the appeal;
shall remain in effect pending
not granted original original classificati n authority and. if deemed appropriate,
cials e not e.
d
recommend presidential approval: suggestions from persons
(8) consider and take action on complaints and swithin or outside the Government with respect to the administration of the
information security program:
have the authority to Othen imconsultation with plementation of the inforrme on
standard forms that will promote
security program; the National Security
(8) report at least annually to the President through
Council on the implementation of this Order: and
interagency meetings to discuss
(9) have the authority to convene d chair informationsecurity program.
matters pertaining to the
Sec. 5.3 General Responsibilities.
Agencies that originate or handle classified information shall:
(a) designate a senior agency official to direct and administer its information
security program, which shall include an active oversight and security educa-
tion program to ensure effective implementation of this order, that
(b) promulgate implementing regulations. Any unclassified. regulations
establish agency information security policy shall be published in the Federal
Register to the extent that these regulations affect members of the public;
(c) establish procedures to prevent unnecessary access to classified informa-
tion, including procedures that (i) require that a demonstrable need for access
to classified information is established before initiating administrative clear-
ance 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
(d) develop special contingency plans for the protection of classified informa-
tion used in or near hostile or potentially hostile areas. -
Sec. 5.4i Sanctions.
(a) If the Director of the Information Security Oversight Office finds that a
a report to the head of thdirectives may have e agency or to the senior
oof hall this Order
Director official
t
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
F
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
? . r..rS S? .~cb.v.r. I . r.. r?, ?.r. w , ...cv...y, ?.+.... v, .rrr s acas.aiuusa rv...aaaacaaac ZGOW
(a) Nothing in this Order shall supersede any requirement made by or under
the Atomic Energy Act of 3954, as amended. "Restricted Data" and "Formerly
Restricted Data" shall be handled protected classified, downgraded, and
protection required.
Sec. 5.2 General.
designated under Section 5.3(a)(1) so that corrective steps. If appropriate, may
betaken.
(b) Officers and employees of the United States Government, and its contrac-
tors. licensees, and grantees shall be subject to appropriate sanctions if they.
(1) knowingly, willfully. or negligently disclose to unauthorized persons infor.
mation properly classified under this Order or predecessor orders;
(2) knowingly and willfully classify or continue the classification of informa-
tion in violation of this Order or any implementing directive; or
(3) knowingly and willfully violate any other provision of this Order or
implementing directive.
(c) Sanctions may include reprimand. suspension without pay, removal, termi-
nation of classification authority, loss or denial of access to classified infor-
mation, or other sanctions in accordance with applicable law and agency
regulation.
(d) Each agency head or the senior official designated under Section 5.3(a)(1)
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(b) (1) or (2) occurs.
Part 4
General Provisions
Sac 6.1 Definitions.
(a) "Agency" has the megning provided at 5 U.S.C. 552(e).
(b) "Information" means any information or material, regardless of its physical
form or characteristics, that is owned by, produced by or for, or is under the
control of the United States Government.
(c) "National security information" means information that has been 'Aeter-
mined pursuant to this Order or any predecessor order to require protection
against unauthorized disclosure and that is so designated.
(d) "Foreign government information" means:
(1) information provided by a foreign government or governments, an interna-
tional organization of governments, or any element thereof with the expecta-
tion, expressed or Implied. that the information, the source of the information.
or both, are to be held in confidence; or
(2) information produoed by the United States pursuant to or as a result of a
joint arrangement with a foreign government or governments or an interna-
tional organization of governments, or any element thereof, requiring that the
Information, the arrangement, or both, are to be held in confidence.
(e) "National security" means the national defense. 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 national security with the expecta-
tion, 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 national security, protection against unauthorized
disclosure, together with a classification designation signifying the level of
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 I
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
4 . rderai Kegrster i VOL e7, 14O. Od / luCaaay, nyru v, wvr. I s.~Y.YCYYw
declassified in conformity with the provisions of the Atomic Energy Act of
ig54, as amended. and regulations issued under that Act.
(b) The Attorney General, upon request by the head of an agency or the
Director of the Information Security Oversight Office. shall render an interpre-
tation of this Order with respect to any question arising in the course of its
administration:
(e) Nothing in this Order limits the protection afforded any information by
alter provisions of law.
(d) E ve Order No.1 of June m 1B78. as amended is revoked as of
the effective date of this Order,
(e) This Order shall become effective on August 1. ig82.
0 W-AA& Ql_~
7t D.c. es-mw
w 44 HR 20 pal
^ t .se. ="-m
THE VII'IfTE HOUSE.
April Z 1982
. Editorial Note: lbe President's statement of Apr. i ise2, on sipsing Ex.cuttve Order szase Is
pushed in the Weekly Compilation of Presidential poaarenti (voL 1 . no.13)
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
Executive Order 12356 and the Freedom of Information
Act -- Review Requirements
Although characteristically lumped together under the rubric of Freedom of
Information (FOIA) requests, documents are generally referred to the-NIC for
review via two different mechanisms -- 1) the Freedom of Information Act, 5
U.S.C. 522 and 2) Executive Order (EO) 12356 mandatory review requests. Not-
withstanding differences in purpose and procedure, the review process
addresses similar questions in both instances. Essentially a two part
determination is required:
1. Is the document properly classified or, in the case
of FOIA, does one or more of the other allowable exemptions
apply; and
2. If the document is properly classified or may be
withheld on other grounds, can the document be
sanitized, i.e., can any "reasonably segregable portion(s)"
be released.
In either case the Agency must specify the basis for its decision, e.g.,
the exemption category/categories relied on under FOIA and the classification
category/categories for EO reviews. The government has the burden of
establishing that the information being denied is properly classified and/or
being withheld under the FOIA exemptions.
ED 12356 not only establishes the basic-authority for all national
security classification decisions, but also constitutes one of the two most
significant bases for withholding information under the FOIA. (The other
being the Director's statutory responsibility to protect sources and
methods.) Under the mandatory review provisions of ED 12356, agencies are
also responsible for declassification and downgrading, and the mandatory
review of classification. Falling within this last category are the majority
of the SNIEs and NIEs referred to the NIC for review.
Under EO 12356 information may not be classified unless it falls within
one of the ten categories of information listed below AN iD is unauthorized
disclosure -- reasonabl could be expected to cause damage to the national
security. (Sec. 1.3 (b)) As provided in Sec. 1.3 (a), the classifiable
categories of information relate to:
(1) Military plans, weapons, or operations;
(2) Vulnerabilities or capabilities of systems, installations,
projects, or plans relating to national security;
(3) Foreign government information;
(4) Intelligence activities or intelligence sources or methods;
(5) Foreign relations or foreign activities of the United States;
(6) Scientific, technological or economic matters relating to
national security;
(7) USG programs for safeguarding nuclear materials/facilities;
(8) Cryptology;
(9) Confidential source; and
(10) Other categories of information related to the national
security that require protection as determined by the President/
agency heads.
,.._,._Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89TO1032R000100070020-1 -'
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
As noted above, it is not enough that the information falls within one of
the enumerated categories, it must also meet a minimum standard of harm, i.e.,
"its unauthorized disclosure, either by itself or in the context of other
information, reasonably could be expected to cause damage to the national
security." (Sec. 1.3 (b)) Two observations that bear on the review process
are in order. First, EO 12356 explicitedly recognizes the mosaic approach
whereby "apparently harmless pieces of information, when assembled together,
could reveal a damaging picture." And second, unauthorized disclosures of
foreign government information, intelligence sources or methods, or the
identity of a confidential foreign source are presumed to cause damage to the
national security.
While EO 12356 provides for the protection of national security
information, it also requires agencies to "declassify information no longer
requiring protection under this Order." (Sec. 3.4 (c)) The principal
mechanism for the review of classified information is the mandator review
process, under which '~an US citizen or permanent resident alien, federal
agency or state or local government may ask for "mandatory review" of the
classification of any document classified pursuant to an Executive Order'
(excluding certain Presidential documents). (Sec. 3.4 (a))
The majority of estimates referred to the NIC are reviewed under this
provision -- e.g., requests relating to documents in the Presidential
libraries or the National Archives, and State Department requests for
inclusion in the Foreign Relations of the United States series. When
conducting a mandatory review, even it is determined that declassification
or-downgrading is impossible at this time, one must also address the question
of sanitization, i.e., whether any segregable portions "no longer require
protection under this Order."
II. FREEDOM OF INFORMATION ACT (FOIA)
Under the FOIA, any person (regardless of citizenship/residency) may
request for any purpose or reason any document from an Executive agency as
long as he reasonably describes the record. (5 U.S.C. 522) Disclosure is the
dominant objective of the act, and consequently, an agency must furnish the
requested record unless it falls within one of nine statutorily exempted
categories of in orlon.
Before turning to the particular exemptions, several provisions of the law
that bear directly on the review process should be noted. Prior to 1974,
classified documents were per se exempt from FOIA; this is no longer the
case. Under the 1974 amendments the overall exemptions--particularly national
security--were narrowed and procedural provisions relating to the extent of the
agency review and to the judiciary's authority to review those actions were
substantially broadened.
Most notably, the requirement that all reasonably segregable portions,
which are not themselves exem t, be released was made applicable to national
security information. In addition, t e courts were authorized to determine de
novo whether information was properly classified and/or withheld and to
conduct in camera reviews of national security information to verify the
correctness agency determinations. Under de novo review, the courts can
substitute their own decisions for those of the agency, including ordering the
release of meaningful segregable portions; however, barring evidence of
improper classification and/or withholding or bad faith, the courts have
generally given substantial weight to agency opinions.
-2-
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89TO1032R000100070020-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
EXEMPTIONS
Although FOIA specifically exempts nine categories of information, several are of
limited or no applicability to Agency and/or NIC records. The principal exemptions
applicable to SNIEs, NIEs, and other finished intelligence products are set forth
below:
5 U.S.C. 522
(b) (1)
National Security Information Protects from disclosure national
security information concerning
national defense or foreign
relations of the United States
provided the information is properly
c asst ied pursuant to the substantive
and procedural requirements of the
Executive Order governing
classification, i.e., EO 12356
(see earlier discussion).
NOTE: Time frames do not
automatically trigger
declassification; however, one
must bear in mind that the
passage of time may cause a
court to question the national
security damage which could
result. This has major
repercussions under FOIA in that
it goes to the question of
properly classified and thus
Is key to sustaining the denial-
or deletion of information under
this exemption.
(b) (3) Specifically exempted by statute, e.g.,
Specifically exempted from National Security Act of 1947 -- 5
disclosure by other statute(s) -- U.S.C. 403 (d) (3) and 403 (g) --
sources and methods information which would reveal:
--methodology of intelligence
collection/operations;
--identities of intelligence sources;
--liaison relationships;
--organization/functions/names/number
of CIA personnel/components;
--existence/location of overseas or
domestic stations/bases.
Usually this information is also
classified and therefore exempt under
(b) (1) as well -- in which case both
should be cited.
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89TO1032R000100070020-1 E
 I
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1
(b) (4) Covers two broad categories of
Trade secrets and information (1) trade secrets and 2)
commercial or financial financial or commercial information
information obtained from a "person" and
privileged or confidential.
(Includes corporations and foreign
governments) but not information
generated by the UZ unless the
information is supplied by a
source outside the government.
(b) (5) Exempts those documents normally
Inter/Intra agency privileged in the civil discovery
memorandums or letters context: e.g., deliberative process
not available to a party privilege -- pertains to advisory
other than another agency memoranda, opinions, recommendations
in litigation with the Agency. submitted rrior to legal or policy
determinations, attorney work product
privilege, attorney - client
privilege.
NOTE: Statements of fact in such
documents must be segregated and
released unless otherwise exempt.
Asn ndicated above, there are other exemptions which, because of their specificity
and concomitantly very limited applicability, are not relevant to finished
intelligence. These exemptions are:
(b) (2) - pertaining solely to internal personnel rules/practices;
(b) (6) - personnel and me ical files - release of which would be an
unwarranted invasion of privacy, e.g., Office of Medical
Services, Office of Personnel records;
(b) (7) - some investigatory/law enforcement records, e.g., certain Office
of Security records;
(b) (8) - applies to agencies responsible for regulating certain financial
institutions;
(b) (9) - certain geological/geophysical information (held by one
court to apply only to certain data on wells.)
(In 1986 - exemptions (b) (1) and (b) (3) accounted for over 91% of the exemptions cited
by the CIA in its initial FOIA determinations.)
Lastly, three observations:
The principal challenges to agency decisions to deny or delete information generally
involve allegations that exemptions have been improperly claimed or applied -- i.e., in
toto or in not releasing reasonably segregable portions. If an agency is found to have
acted "arbitrarily" or "capriciously" in denying information, the law provides for
penalties.
Once the same or similar information is released, it is extremely difficult to
subsequently deny the same document/information.
If, after careful consideration, it is determined that all or some of the
information is properly classified and/or revelatory of intelligence sources or methods,
the information can and should be withheld. Nothing in the FOIA requires otherwise.
- -4-
Declassified in Part - Sanitized Copy Approved for Release 2012/05/02 : CIA-RDP89T01032R000100070020-1