INFORMATION SECURITY OVERSIGHT OFFICE (ISCO) DRAFT OF PROPOSED NEW EXECUTIVE ORDER TO REPLACE E.O. 12065

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP84B00890R000300020009-6
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RIPPUB
Original Classification: 
K
Document Page Count: 
47
Document Creation Date: 
December 14, 2016
Document Release Date: 
July 21, 2003
Sequence Number: 
9
Case Number: 
Publication Date: 
October 29, 1981
Content Type: 
MF
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STAT Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 ? A owed For Release 2003/08/13 : CIA-RDP84B00890R00030002 ReReigf'stry -` 29 OCT1981 FROM : Harry E. Fitzwater Deputy Director for Administration SUBJECT: Information Security Oversight Office (ISOO) Draft of Proposed New Executive Order to Replace E.O. 12065 Attached for your review is ISOO's draft of a proposed new Executive order to replace E.O. 12065. Also attached is an ISOO paper comparing this draft with previous Executive orders. The ISOO draft is a modification of the revision prepared by the Intelligence Community working group chaired by OGC. ISOO has asked for comments from executive branch agencies in order to prepare a final version for the National Security Council. I have asked the Director of Information Services to draft the Agency response. Please submit your comments no later than 5 November 1981 to Records Management Division, Office of Information STAT Services, I Ames Building. Your comments should include alternative language and justification for any proposed changes. Attachments: As Stated cc: D/Security OGC Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 SUBJECT: Information Security Oversight Office (ISOO) Draft of Proposed New Executive Order to Replace E.O. 12065 Director, National Foreign Assessment Center Deputy Director for Operations Deputy Director for Science and Technology Inspector General Comptroller Director, Equal Employment Opportunity Director of Personnel Director of Policy and Planning Chairman, DCI Security Committee Chief, Classification Review Division, OIS Chief, Information and Privacy Division, OIS Chief, Regulations Control Division, OIS STATDDA/OIS/1i1D/RSB br (29 October 1981) Distribution: Original-D/NFAC w/atts 1-Each Addressee w/atts 1-DDA Subject w/atts l-DDA'Chrono wo/atts 1-0IS Subject w/~tts, 1-OIS Chrono wo/atts 1-RSB Subject: E.O. 12065 w/atts 1-RSB Chrono wo/atts Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 20 (O8 : CIA-RDP84B0089OR000300020009-6 Executive Order National Security Information The interests of the United States and its citizens require that certain information concerning our national defense and foreign relations be protected against unauthorized disclosure. It also is essential that the public be informed concerning the activities of its Goverrrnent. This Order prescribes a uniform information security system for classifying, declassifying and safeguarding national security information. It also establishes a monitoring system to ensure its effectiveness. Nothing in this Order shall limit the protection afforded any information by other provisions of law. SECTION I. ORIGINAL CLASSIFICATION. I-I. Classification Levels. 1-101. National security information that requires protection against unauthorized disclosure (hereinafter "classified information") shall be classified at one of the following three levels: ,G RAEI Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 20031 Q$g1~3rfIA-RDP84BOO89OR000300020009-6 (a) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause' exceptionally grove damage to the national security. .(b) "Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. (c) "Confidential" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security. 1-102. Except as otherwise provided by statute, no other terms shall be used to identify classified information. 1-103. If there is reasonable doubt about the need to classify information, the information shall be considered classified and shall be safeguarded under the provisions of this Order pending a final determination by an original classification authority. 1-2. Classification Authority. 1-201. Top Secret. The authority to classify information originally as Top Secret may be exercised only by: DRAEr Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003{1 ;CIA-RDP84B0089OR000300020009-6 The President; (b) agency heads and officials as designated by the President in the Federal Register; and ) officials delegated this authority under Section 1-202. Secret. The authority to classify information originally as Secret may be exercised only by: (a) Agency heads and officials as designated by the President in the Federal Register; (b) officials with original Top Secret classification authority; and (c) officials delegated such authority pursuant to 1-203. Confidential. The authority to classify information originally as Confidential may be exercised only 'by : (a) Agency heads and officials as designated by the President in the Federal Register; DAFT Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2 W AbWi3 : CIA-RDP84B00890R000300020009-6 (b) officials with original Top Secret or Secret classification authority; and (c) officials delegated such authority pursuant to Section 1-204. 1-204. Delegation of Original Classification Authority. (a) Delegations of original classification authority shall be limited to the minimum required to administer this Order. Agency heads are responsible for ensuring that subordinate officials so designated have a demonstrable and continuing need to exercise this authority. (b) Original Top Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Section 1-201(b); and the senior official designated under Section 5-301(a), provided that official has been delegated original Top Secret classification authority by the agency head. (c) Original Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1-201(b) DRAFT Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/0R;IA-RDP84B00890R000300020009-6 and I-202(a); an official with original Top Secret classification authority; and the senior official designated under Section 5-301(a), provided that official has been delegated original Secret classification authority by the agency heads. (d) Original Confidential classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1-201(b), 1--202(a), and 1-203(a); an official with original Top Secret classification authority; and the senior official designated under Section 5-301(a), provided that official has been delegated original Secret or Confidential classification authority by the agency head. (e) Each delegation of original classification authority shall be in writing. It shall identify the authority by name or position title. 1-205. Exceptional Cases. When an employee, contractor, or grantee of an agency that does not have original classification authority originates information believed by the employee, contractor, or grantee 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 DRAFT Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 -6 Approved For Release 2003/08W"-RDP841300890R000300020009-6 under adequate safeguards to the agency which has appropriate subject matter interest and classification authority with respect to this information. That agency shall decide within thirty (30) days whether to classify .this information. If it is not clear which agency has classification responsibility for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall consult with the agency determined to have primary subject matter interest in this information before making a classification determination. 1-3. Classification Categories. 1-3.01. Information shall be considered for classification if it concerns: (c (a) military plans, weapons, or operations; (b) the vulnerabilities or capabilities of systems, installations, projects, or plans vital to the national security; ) foreign government information; (d) intelligence activities (including special activities), or intelligence sources or methods; DRAFT Approved For Release 2003/08/13 CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/0801-b:Ii-RDP84B0089OR000300020009-6 (e) foreign relations or foreign activities of the United States; (f) scientific, technological, or economic matters relating to the national security; (g) United States Government programs for safeguarding nuclear materials or facilities; (h) cryptology; (i) a confidential source; or (j) other categories of information which are related to the national security and which require protection against unauthorized disclosure as determined by the President or by agency heads who have original classification authority. Any determination made under this subsection shall be reported promptly to the Director of the Information Security Oversight Office. 1-302. Information which is determined to concern one or more'of the categories in Section 1-301 shall be classified when an original classification authority also determines that its unauthorized disclosure reasonably could be expected to cause damage to the national security. In considering whether the disclosure of DRA Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 LJ BJ j information could be expected to cause damage to the national security, information shall be classified if its unauthorized disclosure, when considered in the context of related information, reasonably could be expected to cause such damage. 1-303. Unauthorized disclosure of foreign government information, or information relating to intelligence sources or methods is presumed to cause damage to the national security. 1-304. Information classified in accordance with Section 1-3 shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information. 1-4. Duration of-Classification. 1-401. Information shall be classified for as long as required by national security considerations. If appropriate, the original classification authority shalt set a specific date or event for declassification at the time the information is originally classified. JD.RAFT Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 1-402. Automatic declassification determinations under predecessor orders shall remain valid unless extended by an authorized official of the originating agency. These determinations may be by individual documents or categories of information. The agency shall be responsible for notifying holders of the information of such determinations. 1-403. Information classified under predecessor orders and marked for declassification review shall remain classified until reviewed for declassification under the provisions of this Order. 1-5 Identification and Markings. 1-501. At the time of original classification, the following shall be shown on the face of all classified documents, and prominently displayed, where practicable, on all other forms of classified information: (a) The identity of the original classification authority if other than the person whose name appears as the approving or signing official (unless this information itself would reveal a confidential source or relationship not otherwise evident in the document or information); Approved For Release 2003/08M`f3 : C A-RDP84B00890R000300020009-6 -10 _ 'Approved For Release 2003/08/ I Tr1 7 RDP84B0089OR000300020009-6 (b). the agency and office of origin (unless this information itself would reveal a confidential source or relationship not otherwise evident in the document or information); the date or event for declassification, or the notation "Originating Agency Review Required"; and (d) one of the three classification levels defined in Section I-I. .1-502. 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. 1-503. Foreign government information shall either retain its original, classification 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. 1-6. Limitations on Classification. 1-601. Classification shall be determined solely on the basis of national security considerations. In no case shall information be classified in order to conceal DAFT Approved For Release 2003/08113`tlA-RDP84B00890R000300020009-6 Approved For Release 2003/08/ )R DP84BOO89OR000300020009-6 LW 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 which does not require protection in the interest- of national security. 1-602. The President or an agency head or official as provided in Sections 1-201(b), 1-202(a) or 1-203(a) may re-classify information previously declassified and disclosed if it is determined in writing that (-a) the information requires protection in the interest of national security; and (b) the information may reasonably be recovered. 1-603. Information may be classified 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 5-301(a), or an official with original Top Secret classification authority. [IRAE[ Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2GOc3J : CIA-RDP84B0089OR000300020009-6 ; -12- SECTION 2. DERIVATIVE CLASSIFICATION. 2-I. Use of Derivative Classification. 2-101. Derivative classification is the determination that information is in substance the some as information currently classified, and the application of the same classification markings. Persons who only reproduce, extract, or summarize classified information, or-who only apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. 2-102. Persons who apply derivative classification markings shall: Observe and respect original classification decisions; and (b) carry forward to any newly created documents any assigned authorized markings. The most restrictive declassification date or event shall be used for documents classified on the basis of-multiple sources. D ,E1 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 T -13- 2-2. Classification Guides. 2-201. Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. 2-202. Each guide shall be approved personally and in writing by an official who: Has program or supervisory responsibility over the information or is the senior agency official designated under Section 5-301(a); and (b) is authorized to classify information originally at .the highest level of classification prescribed in the guide. 2-203. 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. DRA.F_T_ Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 Approved For Release 2003/08/13 ; CIA-RDP84B0089OR000300020009-6 pjw SECTION 3. DECLASSIFICATION AND DOVtADING. 3-I. Declassification Authority. 3-101. 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 requirements prescribed by Section 1-3 despite the passage of time will continue to be protected in accordance with this Order. 3-102. Information shall be declassified or downgraded by the official who authorized the original classification, if that official is still serving in the some 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 5-301(a). 3-103. 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 classification. Any such decision by the Director may be appealed to the National Security Approved For Release 2004.JCIA-RDP84B00890R000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 3-201. 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. 3-202. In the case of classified information which is not officially transferred as described in Section 3-201, but which originated in an agency which 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 which has an interest in the subject matter of the information. D_RA;, Council. The information shall remain classified until the appeal is decided. 3-104. The provisions of this section shall apply to agencies which, under the terms of this Order, do not have original classification authority, but which had such authority under predecessor orders. 3-2 Transferred Information. Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 DRAEE 3-3. Systematic Review for Declassification 3-301. The Archivist of the United States shall, consistent with procedures prescribed in the Information Security Oversight Office's directives implementing this Order, systematically review for declassification (i) classified records accessioned into the National Archives of the United States, and (ii) classified presidential papers or records in the Archivist's possession and control. Such information. shall be reviewed by'the Archivist for declassification in accordance with systematic review guidelines that shall be provided by agency heads who 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. The Secretary of Defense may establish special procedures for systematic review for declassification of classified cryptologic information, and the Director of Central Intelligence may establish special procedures for systematic review for declassification of classified information pertaining to intelligence activities, (including special activities), or intelligence sources and methods. 3-302. Agency heads may conduct internal systematic review programs for classified information originated by their agencies contained in permanently valuable records Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 ")P84B00890R000300020009-6 17 which have not been accessioned into the National Archives of the United States. 3-4. Mandatory Review for Declassification. 3-401. Except as provided in Section 3-402, all information classified under this Order or predecessor orders shall be subject to a review for declassification by the originating agency, if: (a) the request is made by a United States citizen or permanent resident alien, or a State or local government; and (b) the request describes the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort. 3-402. Information less than twelve years old originated by the President, the White House Staff, by corrmittees or commissions appointed by the President, or others acting on behalf of the President, including such information in the possession and control of the Administrator of General Services pursuant to sections 2107, 2.107 note, or 2203 of title 44, United States Code, is exempted from the provisions of Section 3-401. Such information over twelve years old shall be subject to mandatory review for Approved For Release 20 03/u8Pt3 : CIA-RDP84B0089OR000300020009-6 ? Approved For Release 20031 $ CIA-RDP84BOO89OR000300020009-6 ? -IS- 14 declassification in accordance with the provisions of this 3-403. Agencies conducting a mandatory review for declassification shall declassify information no longer requiring protection under this Order. They shall release this information unless withholding is otherwise appropriate under applicable law. 3-404. Agency heads shall.develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They shall also provide a means for administratively appealing a denial of a mandatory review request. The Secretary of Defense shall develop special procedures for the review of c'ryptologic information, and the Director of Central Intelligence' shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods, 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. All procedures for mandatory review shall be reviewed by the Director, Information Security Oversight Office, to ensure that they uU Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 pP1\E[ are consistent with this Order and its implementing directives. 3-405. 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: 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. (b) 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 the requested documents to the originating agency for processing, and may, after 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 3-405(a) is required, the referring agency shall respond to the requester consistent with that Section. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 SECTION 4. SAFEGUARDING. 4-I. General'Restrictions on Access. 4-101. A person is eligible for access to classified information only after a formal determination of trustworthiness has been reached by agency heads or designated senior officials and provided that such access is essential to the accomplishment of authorized and lawful Government purposes., 4-102. 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. 4-103. Clas$ified information shall not be disseminated outside the executive branch except under conditions which ensure that the information will be given protection equivalent to that afforded within the executive branch. 4-104. 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 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 206MV : CIA-RDP84B00890R000300020009-6 been made available without the consent of the originating 4-2. Special Access Programs. 4-201. Agency heads designated pursuant to Section 1-201 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), or intelligence sources or methods, this function will be exercised by the Director of Central Intelligence. For special access programs pertaining to cryptology, this function will be exercised by the Secretary of Defense. 4-202. Each agency head shall establish and maintain a system of accounting for special access programs. The Director of the Information Security Oversight Office shall have non-delegable access to all such accountings. Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 -22- Approved For Release 2003/080J I-RDP84B0089OR000300020009-6 4-3. Access by Historical Researchers and Former Presidential Appointees. 4-301. The requirement in Section 4-101 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 4-302, for persons who: (a) are engaged in historical research projects, or (b) previously have occupied policy-making positions to which they were appointed by the President. 4-302. Waivers under Section 4-301 may be granted only if the agency with jurisdiction over the information: (a) determines in writing that access is consistent with the interest of national security; (b) 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 Approved For Release 2003/08/13: CIA-RDP84B0089OR000300020009-6 - 2 3 - Approved For Release 2003/08% -RDP84BOO89OR000300020009-6 (c) limits the access granted to former presidential appointees to items that the person originated, reviewed, signed or received while serving as a presidential appointee. SECTION 5. IMPLEMENTATION AND REVIEW. 5-I. Policy Direction. 5-101. The National Security Council shall provide overall policy direction for the information security program. 5-102. The Administrator of General Services shall be responsible for implementing and monitoring the program established pursuant to this Order. This responsibility shall be delegated to the Director of the Information Security Oversight Office. 5-2. Information Security Oversight Office. 5-201. 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. 0 F.A' EI Approved For Release 2003/08/13: CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08-RDP84B00890R000300020009-6 5-202. The Director shall: Develop, in consultation with the agencies, and promulgate, subject to the approval of the National Security Council, directives for the implementation of this Order which shall be binding on the agencies; (b) review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall require any regulation or guideline to be changed if it is not consistent with this Order or implementing directives. Any such decision by the Director may be appealed to the National Security Council. The agency regulation or guideline shall remain in effect until the appeal is decided; (c) oversee agency actions to ensure compliance with this Order and implementing directives; (d) have the authority to conduct on-site reviews of the information security program of each agency that creates or handles classified information and to require of each agency those reports, information, and other cooperation which 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 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/. 44-RDP84B0089OR000300020009-6 national security risk, the affected agency head or the senior official designated under Section 5-301(a) may ,deny access. The Director may appeal denials to the National Security Council. The denial of, access shall remain in effect until the appeal is decided; (e) review requests for original classification authority from agencies or officials not granted original classification authority and, if deemed appropriate, recommend presidential approval; (f) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the information security program; (g) have the authority to prescribe standard forms which will promote the implementation of the information security program; (h) exercise case-by-case classification authority in accordance with Section 1-205; (i) report annually to the President through the National Security Council on the implementation of this Order; and MET Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 - 26 - Approved For Release 2003/08 ~T~--RDP84B00890R000300020009-6 (j) have the authority to convene and chair interagency meetings to discuss matters pertaining to the information security program; 5-3. General Responsibilities. 5-301. Agencies which 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 education program to ensure effective implementation of this Order; ( b ) promuIgo Ie irnpl n nting regulations. Any unclassified regulations that establish agency information security policy shall be published in the Federal Register to the extent that these regulations affect members of the public; and (c) establish procedures to prevent unnecessary access to'classified information, including procedures which (i) require that a demonstrable need for access to classified information is established before initiating administrative clearance procedures, and (ii) ensure that the number of persons granted access to classified Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 - 2 7 - ' Approved For Release 2003/089PA-RDP84B00890R000300020009-6 information is reduced to and maintained at the minimum number that is consistent with operational and security requirements and needs. 5-4. Sanctions. 5-401. If the Director of the Information Security Oversight Office finds that a violation of this Order or its implementing directives may have occurred, the Director shall make a report to the head of the. agency or to the senior official designated under Section 5-301(a) so that corrective steps, if appropriate, may be taken. 5-402. Officers and employees of the United States Government shall be subject to appropriate sanctions if they: (a) knowingly, willfully or negligently disclose without authorization information properly classified under this Order or predecessor orders; '(b) knowingly and willfully classify or continue the cl'assification of information in violation of this Order or any implementing directive; or (c) knowingly, willfully or negligently violate any other provision of this Order or implementing directive. U RAEI Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 -28- Approved For Release 2003/0?'1A-RDP84B00890R000300020009-6 5-403. Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, or other sanction in accordance with applicable law and agency regulation. 5-404. Each agency head or the senior official designated under Section 5-301(a) shall ensure that appropriate and prompt corrective action is taken whenever a violation under Section 5-402 occurs. Each shall ensure that the Director of the Information Security Oversight Office is promptly notified whenever a violation under Section 5-402(a) or (b) occurs. SECTION 6. GENERAL PROVISIONS. 6-I. Definitions. 6-101. "Agency" has the meaning provided at 5 U.S.C. 552(e). 6-102. "Information" includes any information or material, regardless of its physical form or characteristics, that is owned by, produced by, produced for, or is under the control of the United States Government. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 -29_ Approved For Release 2003/08/P ~cL -RDP84B00890R000300020009-6 6-103. "Classified information" means information that has been determined pursuant to this Order or any predecessor order to require protection against unauthorized disclosure and that is so designated. 6-104. "Foreign government information" means: Information provided by a foreign government or governments, an international organization of governments, or any element thereof with the expectation, expressed or implied, that the information, or the source of the information, is to be held in confidence; or (b) any information produced by the United States pursuant to or as a result of a joint arrangement, with foreign government or organization of governments, requiring that the information, the arrangement, or both be held in confidence. 6-105. "National security" means the national defense and/or foreign relations of the United States. 6-106. "Confidential source" means any individual or organization which has provided, or which may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the Mr I Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 Approved For Release 2003/08/13 : RDP84B00890R000300020009-6 expectation, expressed or implied, that the information or relationship, or both, be held in confidence. 6-2. General. 6-201. Nothing in this Order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended. "Restricted Data" and "Formerly Restricted Data" shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act. 6-202. The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall personally or through authorized representatives of the Department of Justice render an interpretation of this Order with respect to any question arising in the course of its administration. 6-203. Executive Order No. 12065 of June 28, 1978; the accompanying presidential Order of June 28, 1978; Information Security Oversight Office Implementing Directive No. I of October 2, 1978; and Section 5-209 of Executive Order No. 12148 of July 20, 1979, are revoked as of the effective date of this Order. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 6-204. This Order shall become effective Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 I AITACHMCUr INFORMATION SECURITY OVERSIGHT OFFICE COMPARISON OF MAJOR FEATURES OF EXECUTIVE ORDERS GOVERNING THE INFORMATION SECURITY PROGRAM Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E.O. 10501, AS AMENDED E. 0. 11652 E. 0. 12065 CURRENT DRAFT THREE LEVELS: THREE LEVELS: THREE LEVELS: THREE LEVELS: TOP SECRET(TS)-EXCEPTIONALLY GRAVE TS-EXCEPTIONALLY GRAVE DAMAGE TS-EXCEPTIONALLY GRAVE DAMAGE TS-EXCEPTIONALLY GRAVE DAMAGE S-SERIOUS DAMAGE S-SERIOUS DAMAGE DAMAGE SECRET(S)-SERIOUS DAMAGE C-DAMAGE C-IDENTIFIABLE DAMAGE S-SERIOUS DAMAGE CONFIDENTIAL(C)-PREJUDICIAL TO C-DAMAGE DEFENSE COMMENT:- THE TERM "IDENTIFIABLE" HAS BEEN OMITTED IN THE DRAFT ORDER TO OVERCOME LITIGATION PROBLEMS CONCERNING THE INTENT OF THE LANGUAGE OF E.O. 12065. IT IS NOT INTENDED NOR DOES EXPERIENCE I14DICATE THAT ITS OMISSION WILL RESULT IN INFORMATION BEING CLASSIFIED UNDER THE DRAFT ORDER WHICH WOULD NOT BE CLASSIFIABLE UNDER E.O. 12065. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 II. WHO MAY ORIGINALLY CLASSIFY E.O. 10501, AS AMENDED E.O. 11652 E.O. 12065 CURRENT DRAFT TOP SECRET: 48 AGENCIES TOP SECRET: 17 AGENCIES TOP SECRET: 13 AGENCIES THE CURRENT DRAFT DOES 136 PERSONS -7 -1597 PERSONS -1496 PERSONS NOT LIST THE AGENCIES , SECRET: 48 AGENCIES SECRET: 30 AGENCIES SECRET: 17 AGENCIES WITH CLASSIFICATION 236 PERSONS -23 -9986 PERSONS -4195 PERSONS AUTHORITY. THIS WILL BE , CONFIDENTIAL: 48 AGENCIES CONFIDENTIAL: 30 AGENCIES CONFIDENTIAL: 19 AGENCIES ACCOMPLISHED BY AN ACCOM- 944 PERSONS -28 -6043 PERSONS -1538 PERSONS PANYING PRESIDENTIAL ORDER. , PRESENT PLANS ANTICIPATE TOTAL ORIGINAL CLASSIFIERS: 59,316 TOTAL ORIGINAL CLASSIFIERS: 17,626 TOTAL ORIGINAL CLASSIFIERS: 7229 NUMBERS COMPARABLE TO E.O. 12065 IN BOTH NUMBERS NOTE: AGENCY AUTHORITY CITED ON OF AGENCIES AND PERSONNEL. THIS PAGE IS CUMULATIVE: I.E., AGEN- CIES WITH SECRET AUTHORITY INCLUDE THOSE WITH TOP SECRET. THE SAME APPLIES FOR CONFIDENTIAL. COMMENT: THE CURRENT DRAFT REFLECTS COMMITMENT TO KEEP THE NUMBER OF CLASSIFIERS TO A NECESSARY MINIMUM, WHILE PROVIDING AN ADMINISTRATIVE REMEDY TO AVOID THE UNNECESSARY INVOLVEMENT OF THE HEAD OF THE AGENCY IN THE DELEGATION PROCESS. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 III. CLASSIFICATION CATEGORIES NO SPECIFIC CATEGORIES ARE GIVEN NO SPECIFIC CATEGORIES ARE GIVEN WHICH WHICH LIMIT SUBJECT MATTERS THAT MAY LIMIT SUBJECT MATTERS THAT MAY BE BE CLASSIFIED CLASSIFIED 1. MILITARY PLANS, WEAPONS, OR OPERA- TIONS; 2. FOREIGN GOVERNMENT INFORMATION; 3. INTELLIGENCE ACTIVITIES, SOURCES OR METHODS; 4. FOREIGN RELATIONS OR FOREIGN ACTIVI- TIES OF THE UNITED STATES; 5. SCIENTIFIC, TECHNOLOGICAL, OR ECONO- MIC 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 DESIGNAT- ED BY THE PRESIDENT PURSUANT TO SEC. 1-201, OR BY AN AGENCY HEAD. COMMENT: THE THREE ADDITIONAL CATEGORIES ADDED TO THE CURRENT DRAFT REFLECT EXPERIENCE OF 3 YEARS UNDER E.O. 12065 WHICH INDICATED THAT THE ELEMENTS ADDED WERE JEOPARDIZED IN THE CONTEXT OF LITIGATION.; IT IS NOT INTENDED THAT ADDITIONAL MATERIAL WILL BE CLASSIFIED UNDER THESE CATEGORIES BEYOND THAT WHICH WAS SUBJECT TO CLASSI- FICATION UNDER E.O. 12065. 1. MILITARY PLANS, WEAPONS, OR OPERATIONS; 2. THE VULNERABILITIES OR CAPA- BILITIES OF SYSTEMS, INSTALLA- TIONS, PROJECTS, OR PLANS VITAL TO THE NATIONAL SECURITY; 3. FOREIGN GOVERNMENT INFORMA- TION; 4. INTELLIGENCE ACTIVITIES (IN- CLUDING SPECIAL ACTIVITIES), OR INTELLIGENCE SOURCES OR METHODS; 5. FOREIGN RELATIONS OR FOREIGN ACTIVITIES OF THE UNITED STATES; 6. SCIENTIFIC, TECHNOLOGICAL, OR ECONOMIC MATTERS RELATING TO THE NATIONAL SECURITY; 7. UNITED STATES GOVERNMENT PRO- GRAMS FOR SAFEGUARDING NUCLEAR MATERIALS OR FACILITIES; 8. CRYPTOLOGY; 9. A CONFIDENTIAL SOURCE; OR 10. OTHER CATEGORIES OF INFORMA- TION WHICH ARE RELATED TO THE NATIONAL SECURITY AND WHICH RE- QUIRE PROTECTION AGAINST UNAU- THORIZED DISCLOSURE AS DETER- MINED BY THE PRESIDENT OR BY AGENCY HEADS WHO HAVE ORIGINAL CLASSIFICATION AUTHORITY. ANY DETERMINATION MADE UNDER THIS SUBSECTION SHALL BE REPORTED PROMPTLY TO THE DIRECTOR OF THE INFORMATION SECURITY OVERSIGHT OFFICE. Approved For Release 2003/08/13 : CIA-RDP84B00890R000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E.O. 10501, AS AMENDED E.O. 11652 E.O. 12065 CURRENT DRAFT FOUR GROUPS: THREE GROUPS:. SIX YEARS UNLESS EXTENDED BY HEAD OF IF APPROPRIATE, A LIMIT SHALL AGENCY OR TOP SECRET AUTHORITY FOR BE ESTABLISHED AT TIME OF GROUP 1-NO LIMITATIONS ON DURATION 1. ADVANCED DECLASSIFICATION SCHEDULE- PERIODS UP TO 20 YEARS. FOLLOWING ORIGINAL CLASSIFICATION. GROUP 2-NO LIMITATIONS ON DURATION (ADS): REVIEW, HEAD OF AGENCY MAY EXTEND BE- CLASSIFICATION SHALL CON- GROUP 3-NO LIMITATIONS ON DURATION TS-SOONER THAN 10 YEARS YOND 20 YEARS. TINUE AS LONG AS REQUIRED GROUP 4-12 YEARS S-SOONER THAN 8 YEARS BY NATIONAL SECURITY INTE- C-SOO!IER THAN 6 YEARS EXPERIENCE HAS SHOWN THAT THE OVER- REST. 2. GENERAL DECLASSIFICATION SCHEDULE WHELMING MAJORITY (IN EXCESS OF 90%) (GDS): NOT MARKED FOR AUTOMATIC DECLASSIFICA- TS-10 YEARS TION IN SIX YEARS. S-8 YEARS C-6 YEARS 3. EXTENDED DECLASSIFICATION SCHEDULE: (XDS): TS-30 YEARS UNLESS EXTENDED S-30 YEARS UNLESS EXTENDED C-30 YEARS UNLESS EXTENDED COMMENT: THE DRAFT ORDER RECOGNIZES THAT AUTOMATIC DECLASSIFICATION DATES WHICH DO NOT RELATE TO A SPECIFIC OCCURRENCE ARE ARTIFICIAL DETERMINATIONS WHICH POSE A THREAT TO SECURITY OF THE INFORMATION. EXPERIENCE INDICATES THAT AGENCIES AVOID AFFIXING AUTOMATIC DECLASSIFICATION DATES WHENEVER POSSIBLE. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 V, LIMITATIONS ON CLASSIFICATION E. 0. 10501, as amended E, 0, 11652 E. 0. 12065 Current draft NO SPECIFIC GROUP OF LIMITATIONS. CLASSIFICATION SOLELY ON BASIS OF CLASSIFICATION IMPROPER WHEN USED TO CLASSIFICATION SOLELY ON SOME REFERENCES TO AVOIDING I!NNEC. NATIONAL SECURITY CONSIDERATIONS. CONCEAL VIOLATIONS OF LAW, INEFFICIENCY BASIS OF NATIONAL SECURITY ESSARY OR INAPPROPRIATE NOT TO CONCEAL INEFFICIENCY OR OR ERROR, PREVENT EMBARRASSMENT, OR CONSIDERATIONS. NOT TO CLASSIFICATION. ERROR, TO PREVENT EMBARRASSMENT, RESTRAIN COMPETITION, OR LIMIT CONCEAL VIOLATIONS OF LAW, TO RESTRAIN COMPETITION OR TO DISSEMINATION OF INFORMATION. INEFFICIENCY OR ERROR, PREVENT THE RELEASE OF MATERIAL PREVENT EMBARRASSMENT, NOT REQUIRING NATIONAL SECURITY BASIC SCIENTIFIC RESEARCH NOT CLEARLY RESTRAIN COMPETITION, OR PROTECTION. RELATED TO NATIONAL SECURITY MAY NOT DELAY RELEASE OF INFORMATION. BE CLASSIFIED. CLASSIFICATION MAY UNDER VERY LIMITED CIRCUM- NOT BE RESTORED TO DOCUMENTS DECLASSI. STANCES, DECLASSIFIED FIED AND RELEASED TO THE PUBLIC, INFORMATION WHICH REQUIRES UNDER VERY LIMITED CIRCUMSTANCES PROTECTION MAY BE RECLASSI- DOCUMENTS CAN BE CLASSIFIED AFTER FIED. UNDER LIMITED RECEIPT OF FOIA OR MANDATORY REVIEW CIRCUMSTANCES, DOCUMENTS REQUEST, CAN BE CLASSIFIED AFTER RECEIPT OF FOIA OR MANDATORY REVIEW REQUEST. COMMENTS: THE CURRENT DRAFT RETAINS THE CRITICAL LIMITATIONS OF THE EXISTING ORDER, IN ALLQWING.THE VERY LIMITED RECLASSIFICATION OF MATERIAL PREVIOUSLY RELEASED, THE DRAFT RECOGNIZES INSTANCES IN WHICH THIS ACTION IS BOTH NECESSARY AND EYFECTI?VE, Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E. 0. 10501, as amended E. 0. 11652 E. 0. 12065 Current draft NO RECOGNITION OF DISTINCTION NO SPECIFIC RECOGNITION OF DISTINCTION RECOGNIZES DERIVATIVE CLASSIFICATION M RECOGNIZES DERIVATIVE CLASSI- FICATION AS A COMPLETELY BETWEEN ORIGINAL AND DERIVATIVE BETWEEN ORIGINAL AND DERIVATIVE HOLDERS OF CLASSIFIED AS A COMPLETELY DISTINCT PROCESS FRO ORIGINAL CLASSIFICATION, BUT DOES NOT DISTINCT PROCESS FROM CLASSIFICATION. CLASSIFICATION. INFORMATION ARE REQUIRED "TO OBSERVE DEFINE DERIVATIVE CLASSIFICATION. ANY ORIGINAL CLASSIFICATION, AND AND RESPECT" THE CLASSIFICATION AUTHORIZED HOLDER OF CLASSIFIED DEFINES THE TERM. ANY ASSIGNED BY THE ORIGINATOR. INFORMATION MAY DERIVATIVELY CLASSIFY, AUTHORIZED HOLDER OF EVEN PERSONS WITHOUT ORIGINAL CLASSI- CLASSIFIED INFORMATION MAY FICATION AUTHORITY. MANDATES CREATION DERIVATIVELY CLASSIFY, EVEN OF CLASSIFICATION GUIDES TO BE USED PERSONS WITHOUT ORIGINAL BY DERIVATIVE CLASSIFIERS. CLASSIFICATION AUTHORITY. MANDATES CREATION OF CLASSIFICATION GUIDES, BUT AGENCY HEAD MAY WAIVE REQUIREMENT FOR SPECIFIC CLASSES OF INFORMATION AND REPORT WAIVER TO ISOO, COMMENTS: ISOO EXPERIENCE IN MONITORING THE PROGRAM SHOWS THAT APPROXIMATELY 45% OF ALL CLASSIFICATION ACTIONS ARE DERIVATIVE IN NATURE, APPROPRIATE APPLICATION OF DERIVATIVE CLASSIFICATION PROMOTES UNIFORM CLASSIFICATION OF LIKE INFORMATION AND FACILITATES ITS SAFEGUARDING AND ULTIMATE DECLASSIFICATION. THE DRAFT ORDER REFLECTS.ISOO EXPERIENCE THAT THERE ARE CERTAIN CLASSES OF INFORMATION FOR WHICH CLASSIFICATION GUIDES ARE INEFFECTUAL, Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E.O. 10501, AS AMENDED E.D. 11652 E.O. 12065 CURRENT DRAFT HEAD OF AGENCY AND DESIGNEES MAY AUTHORITY TO DECLASSIFY OR DOWNGRADE AUTHORITY TO DECLASSIFY OR DOWNGRADE AUTHORITY TO DECLASSIFY OR DECLASSIFY OR DOWNGRADE INFORMATION RESTS WITH THE ORIGINATING OFFICIAL; A RESTS WITH THE ORIGINATING OFFICIAL; DOWNGRADE RESTS WITH THE ORIGINATED WITHIN THAT AGENCY. HEAD SUCCESSOR IN FUNCTION; A SUPERVISORY A SUCCESSOR IN FUNCTION; A SUPERVISORY ORIGINATING OFFICIAL; A OF AGENCY AND DESIGNEES MAY DECLAS- OFFICIAL OF EITHER; AND ANY OTHER OFFICIAL OF EITHER; OR OTHER OFFICIALS SUCCESSOR IN FUNCTION; A SIFY OR DOWNGRADE INFORMATION ORIGI- OFFICIAL WITH TOP SECRET OR SECRET DESIGNATED BY THE AGENCY HEAD. THE SUPERVISORY OFFICIAL OF EITHER; NATING IN ANOTHER AGENCY BUT IN THEIR CLASSIFICATION AUTHORITY WHO HAS BEEN DIRECTOR OF ISOO MAY ORDER AN AGENCY OR OTHER OFFICIALS DESIGNATED POSSESSION BASED ON REGULATIONS DESIGNATED BY ONE OF THE PRIOR LISTED HEAD TO DECLASSIFY INFORMATION DETER- BY THE AGENCY HEAD OR THE ISSUED BY ORIGINATING AGENCY. OFFICIALS. MINED TO BE CLASSIFIED IN VIOLATION OF SENIOR INFORMATION SECURITY THE ORDER. SUCH AN ORDER MAY BE PROGRAM OFFICIAL. APPEALED BY AGENCY HEAD TO NATIONAL SECURITY COUNCIL. COMMENT: THE DRAFT ORDER RETAINS THE DECLASSIFICATION PROCEDURES OF E.O. 12065 AS THEY PERTAIN TO AUTHORITY AND FACILITATES THE DECLASSIFICATION PROCESS BY ALLOWING THE AGENCY SENIOR OFFICIAL TO DESIGNATE DECLASSIFICATION AUTHORITIES. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E . 0. 10501, as amended E. 0. 11652 E, 0. 12065 Current draft NO PROVISIONS FOR SYSTEMATIC ALL INFORMATION CLASSIFIED UNDER PERMANENTLY VALUABLE CLASSIFIED SYSTEMATIC REVIEW TO BE REVIEW. PRIOR ORDERS TO BE REVIEWED FOR RECORDS SHALL BE SYSTEMATICALLY CARRIED OUT BY THE ARCHIVIST, DECLASSIFICATION BY T11E ARCHIVIST REVIEWED FOR DECLASSIFICATION CONSISTENT WITH PROCEDURES OF THE UNITED STATES 30 YEARS FROM TWENTY YEARS FROM DATE OF ORIGIN. PRESCRIBED BY ISOO AND AGENCY DATE OF ORIGIN. AGENCIES TO PROVIDE AGENCY HEAD MAY EXTEND DECLASSI- GUIDELINES, ON ALL MATERIAL THE ARCHIVIST WITH GUIDELINES AND FICATION IN TEN YEAR INCREMENTS ACCESSIONED INTO THE NATIONAL SUPPORT AS NEEDED. CLASSIFICATION FOLLOWING REVIEW, FOREIGN ARCHIVES AND CLASSIFIED OF SPECIFIC CATEGORIES OF INFORMATION GOVERNMENT INFORMATION TO BE PRESIDENTIAL PAPERS IN THE MAY BE EXTENDED BEYOND 30 YEARS BY REVIEWED 30 YEARS FROM DATE OF ARCHIVIST'S CONTROL. TIME- THE HEAD OF THE ORIGINATING AGENCY. ORIGIN, ALL AGENCIES SHALL FRAMES TO BE ESTABLISHED DEVELOP GUIDELINES FOR USE IN THIS IN ACCORDANCE WITH ISOO PROGRAM, DIRECTIVES AND AGENCY GUIDELINES, AGENCY HEADS MAY CONDUCT SYSTEMATIC REVIEW PROGRAM ON PERMANENTLY VALU- ABLE RECORDS ORIGINATING IN THOSE AGENCIES, COMMENTS: THE CURRENT DRAFT REPRESENTS A COMPROMISE POSITION BETWEEN THE RECOMMENDATION OF THE GENERAL ACCOUNTING OFFICE THAT SYSTEMATIC REVIEW BE ABOLISHED ENTIRELY AND THE CURRENT SYSTEM WHICH IS BOTH COSTLY AND UNSUCCESSFUL IN MEETING THE REQUIREMENTS OF THE ORDER. THE MORE REALISTIC PROGRAM ENVISIONED UNDER THE DRAFT ORDER WILL BETTER BALANCE THE NEEDS OF RESEARCHERS WIT11 AVAILABLE RESOURCES. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 IX. MANDATORY REVIEW E.O. 10501, AS AMENDED E.O. 11652 E.O. 12065 CURRENT DRAFT NO PROVISION REGARDING MANDATORY ORIGINATOR SHALL REVIEW INFORMATION FOR A MEMBER OF THE PUBLIC OR GOVERNMENT ALL INFORMATION SUBJECT TO MAN- REVIEW POSSIBLE DECLASSIFICATION UPON A REQUEST AGENCY MAY, AT ANY TIME, REQUEST DATORY REVIEW AT ANY TIME UPON . BY AN AGENCY OR MEMBER OF THE GENERAL THAT CLASSIFIED INFORMATION BE REVIEWED REQUEST BY US CITIZEN, RESI- PUBLIC IF THE INFORMATION IS AT LEAST FOR DECLASSIFICATION AND RELEASE. DENT ALIEN, OR STATE OR LOCAL TEN YEARS OLD. PRESIDENTIAL MATERIALS LESS THAN TEN GOVERNMENT. REQUEST MUST BE YEARS OLD ARE EXEMPT FROM THIS REQUIRE- SPECIFIC ENOUGH THAT AGENCIES MENT. AGENCIES CANNOT REFUSE TO CON- CAN LOCATE THE INFORMATION WITH FIRM OR DENY THE EXISTENCE OF A DOCU- REASONABLE EFFORT. PRESIDENTIAL MENT UNLESS THAT FACT IS CLASSIFIABLE 14ATERIALS ARE SUBJECT TO MANDA- UNDER THIS ORDER. TORY REVIEW 12 YEARS AFTER CREATION. AGENCIES SHALL DEVE- IN MAKING DECLASSIFICATION DECISIONS THE LOP PROCEDURES FOR MANDATORY ORIGINATOR SHOULD BALANCE THE BENEFITS REVIEW, TO INCLUDE A METHOD OF TO THE PUBLIC FROM RELEASE OF INFORMA- APPEAL. INFORMATION SHALL BE TION AGAINST NATIONAL SECURITY CONSI- REVIEWED BY THE ORIGINATOR IF DERATIONS. IN THE CUSTODY OF ANOTHER AGENCY. CO1NENT: OMISSION OF THE "BALANCING TEST" IS DESIGNED TO PREVENT THE UNINTENDED JUDICIAL REVIEW OF EXECUTIVE BRANCH DISCRETION. BALANCING IS INHERENTLY A PART OF THE DECISION TO CLASSIFY AND DECLASSIFY INFORMATION. THE DELAY TO 12 YEARS FOR REVIEW OF PRESIDENTIAL RECORDS IS DESIGNED TO BE CONSISTENT WITH THE PRESIDENTIAL RECORDS ACT OF 1970. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E. 0. 10501, as amended E. 0. 11652 E. 0. 12065 Current draft SETS FORTH BASIC POLICIES CONCERNING PROVIDED ESSENTIALLY THE SAME BASIC IN ADDITION TO THE BASIC POLICIES RETAINS THE SAFEGUARDING ACCESS, STORAGE, LOCKS AND SECURITY POLICIES FOR THE PROTECTION OF SET FORTH IN PREDECESSOR ORDERS, POLICIES OF E. 0. 12065 CONTAINERS, DISSEMINATION, LOSS, NATIONAL SECURITY INFORMATION. IN INCLUDED DIRECTION FOR REPRODUCTION WITH THE EXCEPTION OF COMPROMISE, ACCOUNTABILITY, TRANS- ADDITION, REQUIRED THE NATIONAL CONTROLS AND FOR MONITORSHIP OF THOSE PORTIONS DEALING 'MISSION, DESTRUCTION, ETC. SECURITY COUNCIL TO ISSUE DIRECTIVES SPECIAL ACCESS PROGRAMS BY THE WITH REPRODUCTION CONTROLS. CONCERNING PROTECTION BASED ON THESE DIRECTOR OF THE INFORMATION SECURITY ADDS PROVISIONS PROl1IB1TING POLICIES. OVERSIGHT OFFICE (ISOO). PROV1nrS DISTRIBUTION OR DISSEMINA- THAT THE IS00 PROMULGATE IMPLEMENTING TION OF INFORMATION TO A SAFEGUARDING DIRECTIVES, THIRD AGENCY WITHOUT THE AGREEMENT OF THE ORIGINATING AGENCY, CO~IfENTS: THE THIRD-AGENCY RULE CURRENTLY CONTAINED IN THE IS00 DIRECTIVE HAS BEEN PLACED IN THE DRAFT ORDER, THE IMPLEMENTING DIRECTIVE WILL REQUIRE AGENCIES TO ESTABLISH APPROPRIATE REPRODUCTION CONTROLS, Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 E.O. 10501, AS AMENDED E.O. 11652 E.O. 12065 CURRENT DRAFT MADE NO PROVISIONS FOR OVERSIGHT BY AN ESTABLISHED A SEVEN MEMBER INTERAGENCY ESTABLISHES A SEPARATE AND INDEPENDENT THE CURRENT DRAFT ESSENTIALLY INDEPENDENT BODY. EACH AGENCY WAS RE- CLASSIFICATION REVIEW COMMITTEE (ICRC) TO BODY, THE INFORMATION SECURITY OVER- RETAINS ALL AUTHORITY PROVID, SPONSIBLE FOR MONITORING ITS OWN PRO- ASSIST THE NSC IN MONITORING IMPLEMENTA- SIGHT OFFICE (IS00), TO MONITOR THE ED TO THE IS00 BY E.O. 12065. GRAM. THE NATIONAL SECURITY COUNCIL TION OF THE ORDER. THE ICRC WAS CHARGED PROGRAM. PROVIDES AUTHORITY FOR THE IN ADDITION IT PROVIDES THE (NSC) WAS RESPONSIBLE FOR CONDUCTING SPECIFICALLY TO OVERSEE AGENCY ACTIONS, DIRECTOR, ISOO, TO OVERSEE AND ENSURE DIRECTOR THE AUTHORITY TO A CONTINUING REVIEW OF THE IMPLEMEN- TO INCLUDE APPROVAL OF AGENCY IMPLEMENT- COMPLIANCE WITH THE ORDER THROUGH ON- PRESCRIBE GOVERNMENT-WIDE TATION OF THE ORDER TO ENSURE THAT ING DIRECTIVES, AND TO RECEIVE AND TAKE SITE REVIEWS OF AGENCY PROGRAMS, AND STANDARD SECURITY FORMS AND CLASSIFIED DEFENSE INFORMATION WAS ACTION ON SUGGESTIONS AND COMPLAINTS REVIEW AND APPROVE- AGENCY. IMPLE- TO APPOINT MEMBERS OF THE PROPERLY SAFEGUARDED. REGARDING THE PROGRAM FROM PERSONS WITH- MENTING REGULATIONS AND SYSTEMATIC ISOO STAFF. IN OR OUTSIDE THE GOVERNMENT. REVIEW GUIDELINES. REQUIRES THE DIRECTOR TO REPORT ANNUALLY TO THE THE DRAFT CONTINUES TO PRO- HEADS OF AGENCIES WERE CHARGED TO DESIG- PRESIDENT ON THE STATUS OF IMPLEMENTA- VIDE THAT THE NSC SHALL PRO- NATE A SENIOR OFFICIAL RESPONSIBLE FOR TION OF THE ORDER. THE DIRECTOR, ISOO, VIDE OVERALL POLICY DIRECTION EFFECTIVE IMPLEMENTATION AND FOR ENSURING IS GIVEN THE AUTHORITY TO DEVELOP AND FOR THE PROGRAM. THAT AGENCY PERSONNEL WERE FAMILIAR WITH PROMULGATE DIRECTIVES FOR IMPLEMENTING THE REQUIREMENTS OF THE ORDER. THE ORDER THAT ARE BINDING ON AGENCIES. OVERALL POLICY DIRECTION FOR THE PROGRAM IS PROVIDED BY THE NATIONAL SECURITY COUNCIL. C014MENT: CURRENT DRAFT CONTINUES TO RECOGNIZE THE NEED FOR AN INDEPENDENT OVERSIGHT ORGANIZATION. Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6 XII. SANCTIONS E. 0. 10501, as amended E. 0. 11652 E. 0. 12065 Current draft PROVIDED FOR NO SPECIFIC SANCTIONS SANCTIONS WERE LIMITED TO CASES OF SANCTIONS WERE EXPANDED TO COVER G AND WILLFUL (1) CLASSIFICA- W THE SANCTION PROVISIONS OF E. 0. 12065 ARE CONTINUED EXCEPT THAT AGENCY HEADS WERE REPEATED UNNECESSARY CLASSIFICATION IN KNO TION IN VIOLATION OF THE ORDER; (2) IN THE CURRENT DRAFT. THE DIRECTED TO TAKE PROMPT AND OR OVERCLASSIFICATION AND TO UNAUTHORIZED DISCLOSURES OF NATIONAL UNAUTHORIZED DISCLOSURE; OR (3) ONE ADDITION IS PROVISION STRINGENT ACTION AGAINST ANY SECURITY INFORMATION VIOLATION OF ANY OTHER PROVISION FOR "NEGLIGENT" UNAUTHORIZED EMPLOYEE DETERMINED TO HAVE BEEN . OF THE ORDER OR IMPLEMENTING DISCLOSURE OR "NEGLIGENT" KNOWINGLY RESPONSIBLE FOR THE DIRECTIVES. A RANGE OF SANCTIONS VIOLATION OF ANY OTHER UNAUTHORIZED RELEASE OR DISCLOSURE FROM REPRIMAND TO REMOVAL WAS ESTA- PROVISION OF THE ORDER OR OF CLASSIFIED DEFENSE INFORMATION. BLISHED, THE DIRECTOR OF ISOO IMPLEMENTING DIRECTIVES. MUST BE INFORMED OF ALL VIOLATIONS THE RANGE OF SANCTIONS AND CORRECTIVE ACTIONS TAKEN. PROVIDED BY E. 0. 12065 IS CONTINUED, AS WELL AS PROVISIONS FOR THE DIRECTOR, ISOO, TO BE NOTIFIED IN CASES OF UNAUTHORIZED DISCLOSURE OR CLASSIFICATION IN VIOLATION OF THE ORDER. IREMENT THA U E T AGENCIES MAKE Q OOF B 0. 120655 IT RELIEVE S THE R NIPRO TSPROVISIONS SRTHEVSSANCTION COMMENTS: RRENTSDRAFT ERRETAINS SF ANDNST STRENGTHENS ONS . CU Approved For Release 2003/08/13 : CIA-RDP84B0089OR000300020009-6