COMPARISON OF MAJOR FUNCTIONS OF EXECUTIVE ORDERS GOVERNING NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000300040002-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 22, 2016
• Document Release Date: February 4, 2009
• Sequence Number: 2
• Content Type: MISC

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COMPARISON OF MAJOR FEATURES OF
EXECUTIVE ORDERS GOVERNING
NATIONAL SECURITY INFORMATION
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
'['HREE LEVELS:
THREE LEVELS:
THREE LEVELS:
THREE LEVELS:
TOP SECRET (TS)
TS - Exceptionally Grave
TS - Exceptionally Grave
IS - Exceptionally Grave
Exceptionally Grave
Damage
Damage
Damage
Damage
S - Serious Damage
S - Serious Damage
S - Serious Damage
SECRE.P (S) - Serious
C - Damage
C - Identifiable Damage
C - Damage
Damage
CONFIDENTIAL (C) -
Prejudicial To Defense
COMMENTS: THE WORD "IDENTIFIABLE" IAAS BEEN DELETED IN EXECUTIVE ORDER 12356 TO AVOID LITIGATION PROBLEMS THAT MAY ARISE IF A QUAN'TOM
STANDARD IS APPLIED TO THIS WORD. IT IS NOT INTENDED NOR DOES EXPERIENCE INDICATE THAT ITS OMISSION WILL RESULT
IN INFORMATION BEING CLASSIFIED UNDER EXECUTIVE ORDER 12356 WHICH WAS NOT CLASSIFIABLE UNDER EXECUTIVE ORDER 12065.
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WHO MAY ORIGINALLY CLASSIFY
EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER
11652
EXECUTIVE ORDER
12065
EXECUTIVE ORDER 12356
`TOP SECRET: 48 Agencies
TOP SECRET: 17
Agencies
TOP SECRET: 13
Agencies
E.O. 12356 does not list the
-7,136 Persons
-1,597
Persons
-1,496
Persons
agencies with classification
SECRET: 30
Agencies
SECRET: 17
Agencies
authority. This will be
SECRET: 48 Agencies
-9,986
Persons
-4,195
Persons
accomplished by an
-23,236 Persons
CONFIDENTIAL: 30
Agencies
CONFIDENTIAL: 19
Agencies '
accompanying Presidential
-6,043
Persons
-1,538
Persons
Order. It is presently
CONFIDENTIAL: 48 Agencies
anticipated that the number of
-28,944 Persons
TOTAL ORIGINAL
TOTAL ORIGINAL
agencies and personnel with
CLASSFIERS: 17
,626
CLASSIFIERS: 7
,229
classification authority under
`JOIAL ORIGINAL
the new Order will be
CLASSIFIERS: 59,316
comparable to that of
E.O. 12065.
NOTE: Agency authority cited
on this page is cumulative:
i..e., agencies with SECRET
authority include those with
'.tO.)P SECRET.. The same applies
for CONFIDENTIAL.
?
COMMENTS: EXECUTIVE ORDER 12356 REFLECTS A COMMITMENT TO KEEP THE NUMBER OF CLASSIFIERS TO A NECESSARY MINIMUM, WHILE PROVIDING
AN ADMINISTRATIVE REMEDY TO AVOID THE UNNECESSARY INVOLVEMENT OF THHE HEAD OF THE AGENCY IN THE DELFX ATION PROCESS.
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EXECUTIVE ORDER 10501,
AS AMENDED
No specific categories are
given which limit subject
matters that may be
classified.
No specific categories are
given which limit subject
matters that may be
classified.
SEVEN CATEGORIES:
1. Military plans, weapons,
or operations;
2. Foreign government
information;
3. Intelligence activities,
sources or methods;
4. Foreign relations or
foreign activities of the
United States;
5. Scientific, technological,
or economic matters relating
to the national security;
6. United States Government
programs for safeguarding
nuclear materials or
facilities; or
7. Other categories of
information which are related
to national security and which
require protection against
unauthorized disclosure as
determined by the President,
by a person designated by the
President pursuant to Sec.
1-201, or by an Agency head.
TEN CATEGORIES:
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 activ-
ities (including special
activities),-or intelli-
gence sources or methods;
5. Foreign relations or
foreign activities of the
United States;
6. Scientific, techno-
logical, or economic
matters relating to the
national security;
7. United States Govern-
ment programs for safe-
guarding nuclear materials
or facilities;
COMMEN`rS: THE THREE ADDITIONAL CATEGORIES CONTAINED IN EXECUTIVE ORDER 12356 REFLECT THE DIFFICULTIES CERTAIN AGENCIES HAVE
ENCOUNTERED IN LITIGATION IN FITTING THIS TYPE OF INFORMATION INTO THE CATEGORIES PROVIDED BY EXECUTIVE ORDER 12065.
IT IS NOT INTENDED THAT ADDITIONAL MATERIAL WILL BE CLASSIFIED UNDER THESE CATEGORIES BEYOND THAT WHICH WAS SUBJECT TO
CLASSIFICATION UNDER EXECUTIVE ORDER 12065.
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III. CLASSIFICATION CATEGORIES (CONTINUED)
EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
CONTINUED
8. Cryptology;
9. A confidential source;
or
10. Other categories of
information which are
related to the national
security and that require
protection against
unauthorized disclosure
as determined by the
President or by agencyi
heads or other officials
who have been delegated
original classification
authority. Any determin-
ation made under this
subsection shall be
reported promptly to the
Director of ISOO.
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065,
EXECUTIVE ORDER 12356
No provision is nude for a
No presumption of harm,
Unauthorized disclosure of
Unauthorized disclosure
presumption of harni.
although certain particularly
foreign government information
of foreign government
sensitive categories of
or the identity of a
information, the identity
information (foreign
confidential foreign source
of a confidential foreign
government information;
is presumed to cause at least
source, or intelligence
cryptography; intelligence
identifiable damage to the
sources or methods is
sources or methods; systems,
national security.
presumed to cause damage
plans, installations,
to the national security.
projects, or foreign relations
matters essential to the
national security; and
information whose disclosure
would place a person in
immediate jeopardy) are
exeirpted from the general
declassification schedule.
CONME'NTS: EXECUTIVE ORDER 12356 RECOGNIZES THE SENSITIVITY OF INTELLIGENCE SOURCES OR METHODS BY PROVIDING THE ADDED
PROTECTION OF SECTION 1.3(c)'s PRESUMPTION FOR THIS INFORMATION.
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
.
EXECUTIVE ORDER 123.56
FOUR GROUPS:
TEIREE GROUPS:
Six years unless extended by
If it can be determined,
head of Agency or TOP SECRET
a specific date or event
GROUP 1 -
No limitations on
1.
Advanced Declassification
authority for periods up to 20
shall be established at
duration
Schedule (ADS):
years. Following review, head
time of original
GROUP 1 -
No limitations on
TS
- Sooner than 10 years
of agency may extend beyond.20
classification. Otherwise,
duration
S
- Sooner than 8 years
years.
classification shall
GROUP 3 -
No limitations on
C
- Sooner than 6 years
continue as long as
duration
The experience under E.O.
required by national
GROUP 4 -
12 years
2.
General Declassification
12065 indicated that the
security considerations.
Schedule (GDS):
overwhelming majority (in
TS
- 10 years
excess of 90%) was of
S
- 8 years
information not marked for
C
- 6 years
automatic declassification in
six years.
3.
Extended Declassification
Schedule (EDS):
TS
- 30 years unless extended
S
- 30 years unless extended
C
- 30 years unless extended
ORIGINAL CLASSIFICATION AUTHORITIES MAY CONTINUE TO ESTABLISH SPECIFIC DATES OR EVENTS FOR CLASSIFICATION. HOWEVER,
EXECUTIVE ORDER 12356 TIES THE DURATION OF CLASSIFICATION PRIMARILY 'I0 THE CONTINUED NATIONAL SECURITY SENSITIVITY OF THE
INFORMATION. PRIOR SYSTEMS LINKING CLASSIFICATION TO ARBITRARY TIMEFRAMES HAVE NOT PROVED SUCCESSFUL IN SIGNIFICANTLY
REDUCING THE AMOUNT OF CLASSIFIED INFORMATION AND HAVE JEOPARDIZED INFORMATION THAT MERITED CONTINUED PROTECTION.
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
No specific provision,
Each classified document, to
Each classified document must,
Each classified document
although reference is made to
the extent practicable, is
by marking or other means,
must, by marking or other
a requirement that a document
required to be marked to
indicate clearly which
means, indicate which
bear only one over-all
indicate which portions are
portions are classified, with
portions are classified,
classification even though
classified, at what level, and
the applicable classification
with the applicable
pages, paragraphs, sections,
which portions are not
designation, and which
classification level, and
or components thereof bear
classified.
portions are not classified.
which portions are not
different classifications.
Waivers of this requirement
classified. Agency heads
may be granted for good cause
may, for good cause,
by the Director, ISOO.
grant and revoke waivers
of this requirement for
specified classes of
documents or information.
EXECUTIVE: ORDER 1.2356 RECOGNIZES THAT THE INCREASED ADMINISTRATIVE BURDENS OF PORTION MARKING MAY OUTWEIGH ITS
POTENTIAL BENEFITS FOR CERTAIN CLASSES OF DOCUMENTS OR INFORMATION, AND THUS AUTHORIZES AGENCY HEADS, FOR GOOD
CAUSE, TO WAIVE THIS REQUIREMENT.
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LIMITATIONS ON CLASSIFICATION
EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
'
EXECUTIVE ORDER 12356
No specific group of
Classification solely on basis
Classification improper when -
Classification shall not
limitations. Some references
of national security
used to conceal violations of
be used to conceal
to avoiding unnecessary or
considerations. Not to
law, inefficiency or error,
violations of law,
inappropriate classification.
conceal inefficiency or error,
prevent embarrassmeht, or
inefficiency or error,
to prevent embarrassment, to
restrain competition, or limit
prevent embarrassment,
restrain competition or to
dissemination of information.
restrain competition,
prevent the release of
or delay release of
material not requiring
Classification may not be
information. Basic
national security protection.
restored to documents
scientific research
declassified and released to
unrelated to the
the public. Under limited
national security may
circumstances, documents can
not be classified.
be classified after the
Under limited circum-
receipt of a FOIA or mandatory
stances, declassified
review request.
information which
requires protection may
be reclassified. Under
limited circumstances,;
documents can be
classified after the receipt
of a FOIA or mandatory
review request.
COMMENDS: EXECUTIVE ORDER 12356 RETAINS THE. CRITICAL LIMITATIONS OF THE EXISTING ORDER. IN PERMITTING LIMITED RECLASSIFICATION
OF MATERIAL PREVIOUSLY RELEASED, THE ORDER AUTHORIZES SUCH RECLASSIFICATION ONLY IF (1) THE INFORMATION CONTINUES
'.lb REQUIRE PROTECTION IN THE INTEREST OF NATIONAL SECURITY, AND (2) THE INFORMATION CAN BE REASONABLY RECOVERED.
TO Till; EXTENT TIIA'D INFORMATION CAN BE RECOVERED AND PUBLIC EXPOSURE SIGNIFICANTLY MINIMIZED, THEN WE DAMAGE '191E
PREVENTION OF WHICH JUSTIFIES CLASSIFICATION WILL STILL POTENTIALLY EXIST.
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RECOGNITION OF DERIVATIVE CLASSIFICATION
EXECUTIVE ORDER 1.0501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
No recognition of distinction
No specific recognition of
Recognizes derivative
Recognizes derivative
between original and
distinction between original
classification as a completely
classification as a
derivative classification.
and derivative classification.
distinct process from original
completely distinct
Holders of classified
classification, but does not
process from original
information are required "to
define derivative
classification, and
observe and respect" the
classification. Any
defines the term. Any
classification assigned by the
authorized holder of
authorized holder of
originator.
classified information may
classified information
derivatively classify, even
may derivatively classify,
persons without original
even persons without
classification authority.
original classification
Mandates creation of
authority. Mandates
classification guides to be
creation of classifi-
used by derivative
cation guides, but
classifiers,
agency head may waive
requirement for specific
classes of information
and report waiver to ISOO.
COMMENTS: EXECUTIVE ORDER 12356 REFLECTS THE EXPERIENCE UNDER EXECUTIVE ORDER 12065 THAT THERE ARE CERTAIN CLASSES OF
INFORMATION FOR WHICH CLASSIFICATION GUIDES ARE INEFFECTUAL, AND WHICH ARE THUS PROPERLY EXCEPTED FROM THIS REQUIREMENT.
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
[lead of agency and designees
Authority to declassify or
Authority to declassify or
Authority to declassify or
may declassify or downgrade
downgrade rests with the
downgrade rests with the
downgrade rests with the
information originated within
originating official; a
originating official; a
originating official; a
that agency. Head of agency
successor in function; a
successor in function; a
successor in function; a
and designees may declassify
supervisory official of
supervisory official of
supervisory official of
or downgrade information
either; and any other official
either; or other officials
either; or other officials
originating in another agency
with TOP SECRET or SECRET
designated by the agency
designated by the agency
but in their possession based
classification authority who
head. The Director of ISOO
head or the information
on regulations issued by
has been designated by one of
may order an agency head to
security program senior
originating agency.
the prior listed officials.
declassify information
official. The Director of
determined to be classified in
ISOO'may order an agency
violation of the order. Such
head to declassify informa-
an order may be appealed by
tion determined to be
n
the agency head to the
classified in violatio
National Security Council.
of the order. Such an
order may be appealed by
agency head to National
Security Council. The,
information is to remain
classified during the
pendency of this appeal;.
EXECUTIVE ORDER 12356 RETAINS THE DECLASSIFICATION PROCEDURES OF EXECUTIVE ORDER 12065 AS THEY PERTAIN TO
AUTHORITY AND FACILITATES THE DECLASSIFICATION PROCESS BY ALLOWING THE SENIOR AGENCY OFFICIAL '10 DESIGNATE
DECLASSI[ICATION AUTHORITIES.
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SYSTEMATIC REVIEW
EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
No provisions for systematic
All information classified
Permanently valuable
Systematic review to be,
review.
under prior orders to be
classified records shall be
carried out by the arch-
reviewed for declassification
systematically reviewed for
ivist in accordance with
by the archivist of the United
declassification 20 years from
procedures prescribed by
.States 30 years from date of
date of origin. Agency head
originating agencies and
origin. Agencies to provide
may extend declassification in
ISOO on all material
the archivist with guidelines
10 year increments following
accessioned into the
and support as needed.
review. Foreign government
national archives and
Classification of specific
information to be reviewed 30
classified presidential
categories of information may
years from date of origin.
papers in the archivist's
be extended beyond 30 years by
All agencies shall develop
control. Timeframes to be
the head of the originating
guidelines for use in this
established in accordance
agency.
program.
with ISOO directives and
agency guidelines (50
years for cryptologic and
intelligence sources or
methods information;
30 years for all other
classified information.)
Agency heads may establish a
systematic review program for
permanently valuable records
originating in their agencies.
EXECUTIVE ORDER 12356 REPRESENTS A COMPROMISE 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 REQUIREMENTS OF THE ORDER. THE MORE REALISTIC PROGRAM ENVISIONED UNDER EXECUTIVE ORDER 12356 WILL BETTER BALANCE
THE NEEDS OF RESEARCHERS WITH AVAILABLE RESOURCES. THE NATIONAL ARCHIVES WILL CONDUCT A SYSTEMATIC REVIEW PROGRAM,
WHILE OTHER AGENCIES MAY CONDUCT INTERNAL PROGRAMS IF RESOURCES PERMIT. THIS PROGRAM WILL BE DESIGNED '10 ENSURE THAT
THOSE RECORDS MOST IN DEMAND BY HISTORIANS OR OTHER RESEARCHERS RECEIVE PRIORITY IN THE REVIEW PROCESS.
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EXECUTIVE ORDER 1.0501,
AS
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
provision regarding
Originator shall review
A member of the public or
All information subject to
mandatory review.
information for possible
government agency may, at any
mandatory review at any
declassification upon a
time, request that classified
time upon request by a
request by an agency or member
information be reviewed for
U.S. citizen, resident
of the general public if the
declassification and
alien, federal agency,or
information is at least ten
release. Presidential
state or local government.
years old.
materials less than ten years
Presidential materials'
old are exempt from this
are subject to mandatory
requirement. Agencies cannot
review consistent withi
refuse to confirm or deny the
applicable laws or lawful
existence of a document unless
agreements. Agencies
that fact is classifiable
shall develop procedures
under this order.
for mandatory review, to
include a right of appeal.
In making declassification
Information shall be
decisions, the originator may
reviewed by the origi-,
balance the benefits to the
nator if in the custody
public from release of
of another agency.
information against national
security considerations.
COMMENTS: THE OMISSION OF THE "BALANCING TEST" IS DESIGNED TO PREVENT UNINTENDED JUDICIAL REVIEW OF EXECUTIVE BRANCH DISCRETION.
BALANCING THE PUBLIC INTEREST SERVED BY DISCLOSURE OR PROTECTION OF INFORMATION IS AN INHERENT PART OF THE DECISION TO
CLASSIFY AND DECLASSIFY INFORMATION, AND WILL CONTINUE TO TAKE PLACE UNDER E.O. 12356. REVIEW OF PRESIDENTIAL RECORDS
IS DESIGNED TO BE CONSISTENT WITH THE PRESIDENTIAL RECORDS ACT OF 1978.
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
Sets forth basic policies
Provides essentially the same
In addition to the basic
Retains the basic safeguarding
concerning access, storage,
basic policies for the
policies set forth in
policies of E.O. 12065.
locks and security containers,
protection of national
predecessor orders, included
Those portions dealing
dissemination, loss,
security information as E.O.
direction for reproduction
with reproduction and
compromise, accountability,
10501. In addition, required
controls and for monitorship
special access program
transmission, destruction,
the National Security Council
of special access programs by
controls have been largely
etc.
to issue directives concerning
the Director of IS00.
deleted from the body of
protection based on these
Provides that ISOO promulgate
E.O. 12356 in order to
policies.
implementing safeguarding
permit individual agencies
directives.
to tailor those require-
ments to their own
functions and needs.
Adds provision prohibiting
distribution or dissemination
of information to a 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 BODY OF EXECUTIVE ORDER 12356.
THE IMPLEMENTING DIRECTIVE WILL REQUIRE AGENCIES TO ESTABLISH APPROPRIATE REPRODUCTION AND SPECIAL ACCESS PROGRAM CONTROLS.
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E'XECUI'IVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356
Made no provisions for
Established a seven member
Establishes a separate and
E.O. 12356 retains most
oversight by an independent
interagency Classification
independent body, the IS00, to
of the authorities
body. Each agency was
Review Committee (ICRC) to
monitor the program. Provides
provided to ISOO by E.O.
responsible for monitoring its
assist the NSC in monitoring
authority for the Director,
12065, but provides a
own program. The National
implementation of the Order.
ISOO, to oversee and ensure
right to appeal to the
Security Council was
The ICRC was charged
compliance with the order
NSC in instances in which
responsible for conducting a
specifically to oversee agency
through onsite reviews of
IS00 and originating
continuing review of the
actions, to include approval
agency programs, and review
agencies differ on
implementation of the order to
of agency implementing
and approve agency
substantive classifi-
ensure that classified defense
directives, and to receive and
implementing regulations and
cation determinations or
information was properly
take action on suggestions and
systematic review
decisions.
safeguarded.
complaints regarding the
guidelines. Requires the
program from persons within or
Director to report annually to
E.O. 12356 continues to
outside the government.
the President on the status of
provide that the NSC
implementation of the, order.
shall provide overall
Heads of agencies were charged
The Director, ISOO, is given
policy direction for the
to designate a senior official
the authority to develop and
program.
responsible for effective
promulgate directives for
implementation and for
implementing the order that
ensuring that agency personnel
are binding on agencies.
were familair with the
Overall policy direction for
requirements of the order.
the program is provided by the
National Security Council.
EXECUTIVE ORDER 12356 RECOGNIZES THE. CONTINUING NEED FOR AN INDEPENDENT OVERSIGHT ORGANIZATION, BUT RETURNS
CONSIDERABLY MORE AUTHORITY TO INDIVIDUAL AGENCIES TO ADAPT PARTICULAR REQUIREMENTS (i.e., PORTION MARKING,
CLASSIFICATION GUIDES, REPRODUCTION, AND SPECIAL ACCESS PROGRAM CONTROLS) TO THEIR OWN PROGRAMS AND EXPERIENCE..
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EXECUTIVE ORDER 10501,
AS AMENDED
EXECUTIVE ORDER 11652
EXECUTIVE ORDER 12065
EXECUTIVE ORDER 12356 ~
Provided for no specific
Sanctions were limited to
Sanctions were expanded to
The provisions of E.O.
sanctions except that agency
cases of reheated unnecessary
cover knowing and willful (1)
12065 are expanded in
heads were directed to take
classification or over-
classification in violation of
E.O. 12356 to provide
prompt and stringent action
classification and to
the Order; (2) unauthorized
sanctions for "negligent"
against any employee
unauthorized disclosures of
disclosure; or (3) violation
unauthorized disclosure.
determined to have been
national security information.
of any other provision of the
Agencies are authorized
knowingly responsible for the
order or implementing
to impose administrative
unauthorized release or
directives.. A range of
penalties for knowing,
disclosure of classified
sanctions from reprimand to
willful, or negligent
defense information,
removal was established. The
disclosure of properly
Director of ISOO must be
classified information,
informed of all violations and
or for knowing or will-
corrective actions taken.
ful over-classification.
These sanctions apply to
government employees and
government contractors,
licenses, and grantees.
EXECUTIVE ORDER 12356 RETAINS AND STRENGTHENS THE. SANCTION. PROVISIONS OF EXECUTIVE ORDER 12065. IT ELIMINATES
THE REQUIREMENT THAT AGENCIES MAKE ON-THE-SPOT REPORTS OF MINOR ADMINISTRATIVE VIOLATIONS 1n THE ISOO.
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