EXECUTIVE ORDER NO. 11652
Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex.
Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245; Ex. Ord. No. 11862,
June 11, 1975, 40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978, 43
F.R. 4957, which related to the classification and declassification
of national security information and material, was revoked by Ex.
Ord. No. 12065, June 28, 1978, 43 F.R. 28949, formerly set out
below.
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Executive Order No. 11652
Classification and Declassification of National Security Information and
Material
The interests of the United States and its citizens are best served by
making information regarding the affairs of Government readily avail-
able to the public. This concept of an informed citizenry is reflected in
the Freedom of Information Act and in the current public information
policies of the executive branch.
Within the Federal Government there is some official information
and material which because it bears directly on the effectiveness of our
national defense and the conduct of our foreign relations, must be sub-
ject to some constraints for the security of our Nation and the safety of
our people and our allies. To protect against actions hostile to the United
States, of both an overt and covert nature, it is essential that such
official information and material be given only limited dissemination.
This official information or material, referred to as classified infor-
mation or material in this order, is expressly exempted from public
disclosure by Section 552(b)(1) of Title 5, United States Code. Wrong-
full disclosure of such information or material is recognized in the Federal
Criminal Code as providing a basis for prosecution.
To ensure that such information and material is protected, but only
to the extent and for such period as is necessary, this order identifies the
information to the protected, prescribes classification, downgrading, de-
classification and safeguarding procedures to be followed, and establishes
a monitoring system to ensure its effectiveness.
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, it is hereby ordered.
SECTION 1, Security Classification Categories. Official information or
material which requires protection against authorized disclosure in the
interest of the national defense or foreign relations of the United States
(hereinafter collectively termed "national security") shall be classified
in one of three categories, namely "Top Secret, " "Secret," or Confiden-
tial," depending upon the degree of it significance to national security.
No other categories shall be used to identify official information or
material as requiring protection in the interest of national security, except
as otherwise expressly provided by statue. These classification categories
are defined as follows:
(A) "Top Secret." "Top Secret" refers to that national security
information or material which requires the highest degree of protection.
The test for assigning "Top Secret" classification shall be whether its
unauthorized disclosure could reasonably be expected to cause excep-
tionally grave damage to the national security. Examples of "excep-
tionally grave damage" include armed hostilities against the United
States or its allies; disruption of foreign relations vitally affecting the
national security; the compromise of vital national defense plans or
complex cryptologic and communication intelligence systems; the
revelation of sensitive intelligence operations; and the disclosure of scien-
tific or technological developments vital to national security. This
classification shall be used with the utmost restraint.
(B) "Secret." "Secret" refers to that national security information or
material which requires a substantial degree of protection. The test
for assigning "Secret" classification shall be whether its authorized
disclosure could reasonably be expected to cause serious damage to the
national security. Examples of "serious damage" include disruption of
foreign relations significantly affecting the national security; significant
impairment of a program or policy directly related to the national secu-
rity; revelation of significant military plans or intelligence operations;
and compromise of significant scientific or technological developments
relating to national security. The classification "Secret" shall be sparingly
used.
(C) "Confidential." "Confidential" refers to that national security
information or material which requires protection. The test for assign-
ing "Confidential" classification shall be whether its unauthorized dis-
closure could reasonably be expected to cause damage to the national
security.
SEC. 2. Authority to Classify. The authority to originally classify in-
formation or material under this order shall be restricted solely to those
offices within the executive branch which are concerned with matters
of national security, and shall be limited to the minimum number
absolutely required for efficient administration. Except as the context
may otherwise indicate, the term "Department" as used in this order
shall include agency or other government unit.
(A) The authority to originally classify information or material un-
der this order as "Top Secret" shall be exercised only by such officials as
the President may designate in writing and by:
(1) The heads of the Departments below;
(2) Such of their senior principal deputies and assistants as the heads
of such Departments may designate in writing; and
(3) Such heads and senior principal deputies and assistants of major
elements of such Departments, as the heads of such Departments may
designate in writing.
Such offices in the Executive Office of the President as the
President may designate in writing
Central Intelligence Agency
Atomic Energy Commission
Department of State
Department of the Treasury
Department of Defense
Department of the Army
Department of the Navy
Department of the Air Force
United States Arms Control and Disarmament Agency
Department of Justice
National Aeronautics and Space Administration
Agency for International Development
(B) The authority to originally classify information or material under
this order as "Secret" shall be exercised only by:
(1) Officials who have "Top Secret" classification authority;
(2) Such subordinates as officials with "Top Secret" classification
authority under (A) (1) and (2) above may designate in writing; and
(3) The heads of the following named Departments and such senior
principal deputies or assistants as they may designate in writing.
Department of Transportation
Federal Communications Commission
Export-Import Bank of the United States
Department of Commerce
United States Civil Service Commission
United States Information Agency
General Services Administration
Department of Health, Education and Welfare
Civil Aeronautics Board
Federal Maritime Commission
Federal Power Commission
National Science Foundation
Overseas Private Investment Corporation
(C) The authority to originally classify information or material un-
der this order as "Confidential" may be exercised by officials who have
"Top Secret" or "Secret" classification authority and such officials
as they may designate in writing.
(D) Any Department not referred to herein and any Department or
unit established hereafter shall not have authority to originally classify
information or material under this order, unless specifically authorized
hereafter by an Executive order.
SEC. 3. Authority to Downgrade and Declassify. The authority to
downgrade and declassify national security information or material shall
be exercised as follows:
(A) Information or material may be downgraded or declassified by
the official authorizing the original classification, by a successor in capac-
ity or by a supervisory official of either.
(B) Downgrading and declassification authority may also be exer-
cised by an official specifically authorized under regulations issued by the
head of the Department listed in Sections 2(A) or (B) hereof.
(C) In the case of classified information or material officially trans-
ferred by or pursuant to statue or Executive order in conjunction with
a transfer of function and not merely for storage purposes, the receiving
Department shall be deemed to be the originating Department for all
purposes under this order including downgrading and declassification.
(D) In the case of classified information or material not officially
transferred within (C) above, but originated in a Department which
has since ceased to exist, each Department in possession shall be deemed
to be the originating Department for all purposes under this order. Such
information or material may be downgraded and declassified by the
Department in possession after consulting with any other Departments
having an interest in the subject matter.
(E) Classified information or material transferred to the General
Services Administration for accession into the Archives of the United
States shall be downgraded and declassified by the Archivist of the
United States in accordance with this order, directives of the President
issued through the National Security Council and pertinent regulations
of the Departments.
(F) Classified information or material with special markings, as
described in Section 8, shall be downgraded and declassified as required
by law and governing regulations.
SEC. 4. Classification. Each person possessing classifying authority
shall be held accountable for the property of the classifications attrib-
uted to him. Both unnecessary classification and over-classification shall
be avoided. Classification shall be solely on the basis of national security
considerations. In no case shall information be classified in order to
conceal inefficiency or administrative error, to prevent embarrassment
to a person or Department, to restrain competition or independent ini-
tiative, or to prevent for any other reason the release of information
which does not require protection in the interest of national security.
The following rules shall apply to classification of information under
this order:
(A) Documents in General. Each classified document shall show on
its face its classification and whether it is subject to or exempt from the
General Declassification Schedule. It shall also show the office of origin,
the date of preparation and classification and, to the extent practicable,
be so marked as to indicate which portions are classified, at what level,
and which portions are not classified in order to facilitate excerpting and
other use. Material containing references to classified materials, which
references do not reveal classified information, shall not be classified.
(B) Identification of Classifying Authority. Unless the Department
involved shall have provided some other method of identifying the
individual at the highest level that authorized classification in each case,
material classified under this order shall indicate on its face the identity
of the highest authority authorizing the classification. Where the indi-
vidual who signs or otherwise authenticates a document or item has also
authorized the classification, no further annotation as to his identity
is required.
(C) Information or Material Furnished by a Foreign Government or
International Organization. Classified information or material furnished
to the United States, by a foreign government or international organiza-
tion shall either retain its original classification or be assigned a United
States classification. In either case, the classification shall assure a degree
of protection equivalent to that required by the government or inter-
national organization which furnished the information or material.
(D) Classification Responsibilities. A holder of classified informa-
tion or material shall observe and respect the classification assigned
by the originator. If a holder believes that there is unnecessary classi-
fication, that the assigned classification is improper, or that the docu-
ment is subject to declassification under this order, he shall so inform
the originator who shall thereupon re-examine the classification.
SEC. 5. Declassification and Downgrading. Classified information and
material, unless declassified either by the original classifying authority,
shall be declassified and downgraded in accordance with the following
rules:
(A) General Declassification Schedule. (1) "Top Secret." Infor-
mation or material originally classified "Top Secret" shall become
automatically downgraded to "Secret" at the end of the second full
calendar year following the year in which it was originated, down-
graded to "Confidential" at the end of the fourth full calendar year
following the year in which it was originated, and declassified at the
end of the tenth full calendar year following the year in which it was
originated.
(2) "Secret." Information and material originally classified "Secret"
shall become automatically downgraded to "Confidential" at the end
of the second full calendar year following the year in which it was
originated, and declassified at the end of the eighth full calendar year
following the year in which it was originated.
(3) "Confidential." Information and material originally classified
"Confidential" shall become automatically declassified at the end of the
sixth full calendar year following the year in which it was originated.
(B) Exemptions from General Declassification Schedule. Certain
classified information or material may warrant some degree of pro-
tection for a period exceeding that provided in the General Declassi-
fication Schedule. An official authorized to originally classify
information or material "Top Secret" may exempt from the General
Declassification Schedule any level of classified information or material
originated by him or under his supervision if it falls within one of the
categories described below. In each case such official shall specify in
writing on the material the exemption category being claimed and,
unless impossible, a date or event for automatic declassification. The
use of the exemption authority shall be kept to the absolute minimum
consistent with national security requirements and shall be restricted
to the following categories.
(1) Classified information or material furnished by foreign govern-
ments or international organizations and held by the United States on
the understanding the it be kept in confidence.
(2) Classified information or material specifically covered by statute,
or pertaining to cryptography, or disclosing intelligence sources or
methods.
(3) Classified information or material disclosing a system, plan,
installation, project or specific foreign relations matter the continuing
protection of which is essential to the national security.
(4) Classified information or material the disclosure of which
would place a person in immediate jeopardy.
(C) Mandatory Review of Exempted Material. All classified infor-
mation and material originated after the effective date of this order
which is exempted under (B) above from the General Declassification
Schedule shall be subject to a classification review by the originating
Department at any time after the expiration of ten years from the date
of origin provided:
(1) A Department or member of the public requests a review;
(2) The request describes the record with sufficient particularity to
enable the Department to identify it; and
(3) The record can be obtained with only a reasonable amount of
effort.
Information or material which no longer qualifies for exemption under
(B) above shall be declassified. Information or material continuing to
qualify under (B) shall be so marked and unless impossible, a date for
automatic declassification shall be set.
(D) Applicability of the General Declassification Schedule to Previ-
oulsy Classified Material. Information or material classified before the
effective date of this order and which is assigned to Group 4 under
Executive Order No. 10501, as amended by Executive Order No. 10964,
shall be subject to the General Declassification Schedule. All other infor-
mation or material classified before the effective date of this order,
whether or not assigned to Groups 1, 2 or 3 of the Executive Order
No. 10501, as amended, shall be excluded from the General Declassifica-
tion Schedule. However, at any time after the expiration of ten years
from the date of origin it shall be subject to a mandatory classification
review and disposition under the same conditions and criteria that apply
to classified information and material created after the effective date of
this order as set forth in (B) and (C) above.
(E) Declassification of Classification Information or Material After
Thirty Years. All classified information or material which is thirty years
old or more, whether originating before or after the effective date of
this order, shall be declassified under the following conditions:
(1) All information and material classified after the effective date of
this order shall, whether or not declassification has been requested,
become automatically declassified at the end of thirty full calendar years
after the date of its original classification except for such specifically
identified information or material which the head of the originating
Department personally determines in writing at the time to require
continued protection because such continued protection is essential to
the national security or disclosure would place a person in immediate
jeopardy. In such case, the head of the Department shall also specify
the period of continued classification.
(2) All information and material classified before the effective date
of this order and more than thirty years old shall be systematically
reviewed for declassification by the Archivist of the United States by the
end of the thirtieth full calendar year following the year in which it was
originated. In his review, the Archivist will separate and keep protected
only such information or material as is specifically identified by the
head of the Department in accordance with (E)(1) above. In such
case, the head of the Department shall also specify the period of
continued classification.
(F) Departments Which Do Not Have Authority For Original
Classification. The provisions of this section relating to the declassifica-
tion of national security information or material shall apply to Depart-
ments which, under the terms of this order, do not have current authority
to originally classify information or material, but which formerly had
such authority under previous Executive orders.
SEC. 6. Policy Directives on Access, Marking, Safekeeping, Account-
ability, Transmission, Disposition and Destruction of Classified Informa-
tion and Material. The President acting through the National Security
Council shall issue directives which shall be binding on all Departments
to protect classified information from loss or compromise. Such
directives shall conform to the following policies:
(A) No person shall be given access to classified information or
material unless such person has been determined to be trustworthy and
unless access to such information is necessary for the performance of his
duties.
(B) All classified information and material shall be appropriately
and conspicuously marked to put all persons on clear notice of its
classified contents.
(C) Classified information and material shall be used, possessed, and
stored only under conditions which will prevent access by unauthorized
persons or dissemination to unauthorized persons.
(D) All classified information and material disseminated outside the
executive branch under Executive Order No. 10865 or otherwise shall
be properly protected.
(E) Appropriate accountability records for classified information
shall be established and maintained and such information and material
shall be protected adequately during all transmissions.
(F) Classified information and material no longer needed in current
working files or for reference or return purposes shall be destroyed or
disposed of in accordance with the records disposal provisions contained
in Chapter 33 of Title 44 of the United States Code and other applicable
statutes.
(G) Classified information or material shall be reviewed on a sys-
tematic basis for the purpose of accomplishing downgrading, declassifica-
tion, transfer, retirement and destruction at the earliest practicable date.
SEC. 7. Implementation and Review Responsibilities. (A) The Na-
tional Security Council shall monitor the implementation of this order.
To assist the National Security Council, an Interagency Classifica-
tion Review Committee shall be established, composed of representa-
tives of the Departments of State, Defense and Justice, the Atomic
Energy Commission, the Central Intelligence Agency and the National
Security Council Staff and a Chairman designated by the President.
Representatives of other Departments in the executive branch may be
involved to meet with the Committee on matters of particular interest
to those Departments. This Committee shall meet regularly and on a
continuing basis shall review and take action to ensure compliance with
this order and in particular:
(1) The Committee shall oversee Department actions to ensure com-
pliance with the provisions of this order and implementing directives
issued by the President through the National Security Council.
(2) The Committee shall, subject to procedures to be established by
it, receive, consider and take action on suggestions and complaints from
persons within or without the government with respect to the admin-
istration of this order, and in consultation with the affected Department
or Departments assure the appropriate action is taken on each sug-
gestions and complaints.
(3) Upon request of the Committee Chairman, any Department shall
furnish to the Committee any particular information or material needed
by the Committee in carrying out its functions
(B) To promote the basic purposes of this order, the head of each
Department originating or handling classified information or material
shall:
(1) Prior to the effective date of this order submit to the Interagency
Classification Review Committee for approval a copy of the regulations
in proposes to adopt pursuant to this order.
(2) Designate a senior member of his staff who shall ensure effec-
tive compliance with and implementation of this order and shall also
chair a Department committee which shall have the authority to act
on all suggestions and complaints with respect to the Department's
administration of this order.
(3) Upon request of the Committee Chairman, any Department shall
furnish to the Committee any particular information or material needed
by the Committee in carrying out its functions.
(B) To promote the basic purposes of this order, the head of each
Department originating or handling classified information or material
shall:
(1) Prior to the effective date of this order submit to the Interagency
Classification Review Committee for approval a copy of the regulations
it proposes to adopt pursuant to this order.
(2) Designate a senior member of his staff who shall ensure effec-
tive compliance with and implementation of this order and shall also
chair a Departmental committee which shall have authority to act
on all suggestions and complaints with respect to the Department's
admission of this order.
(3) Undertake an initial program to familiarize the employees of
his Department with the provisions of this order. He shall also estab-
lish and maintain active training and orientation programs for em-
ployees concerned with classified information or material. Such programs
shall include, as a minimum, the briefing of new employees and periodic
reorientation during employment to impress upon each individual his
responsibility for exercising vigilance and care in complying with the
provisions of this order. Additionally, upon termination of employ-
ment or contemplated temporary separation for a sixty-day period or
more, employees shall be debriefed and each reminded of the provisions
of the Criminal code and other applicable provisions of law relating
to penalties for unauthorized disclosure.
(C) The Attorney General, upon request of the head of a Depart-
ment, his duly designated representative, or the Chairman of the above
described Committee, shall personally or through authorized repre-
sentatives of the Department of Justice render an interpretation of this
order with respect to any question arising in the course of its admin-
istration.
SEC. 8. Material Covered by the Atomic Energy Act. Nothing in this
order shall supersede any requirements made by or under the Atomic
Energy Act of August 30, 1954, as amended. "Restricted Data," and
material designated as "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 the
regulations of the Atomic Energy Commission.
SEC. 9. Special Departmental Arrangements. The originating De-
partment or other appropriate authority may impose, in conformity
with the provisions of this order, special requirements with respect to
access, distribution and protection of classified information and material,
including those which presently relate to communications intelligence,
intelligence sources and methods and cryptography.
SEC. 10. Exceptional Cases. In an exceptional case when a person
or Department not authorized to classify information originates
information which is believed to require classification, such person or
Department shall protect that information in the manner prescribed
by this order. Such persons or Department shall transmit the informa-
tion forthwith, under appropriate safeguards, to the Department having
primary interest in the subject matter with a request that a determina-
tion be made as to classification.
SEC. 11. Declassification of Presidential Papers. The Archivist of the
United States shall have the authority to review and declassify information
and material which has been classified by a President, his White House
Staff or special committee or commission appointed by him and which
the Archivist has in his custody at any archival depository, including a
Presidential Library. Such declassification shall only be undertaken in
accord with: (i) the terms of the donor's deed of gift, (ii) consulta-
tions with the Departments having a primary subject-matter interest,
and (iii) the provisions of Section 5.
SEC. 12. Historical Research and Access by Former Government
Officials. The requirement in Section 6(A) that access to classified
information or material be granted only as is necessary for the perform-
ance of one's duties shall not apply to persons outside the executive
branch who are engaged in historical research projects or who have
previously occupied policy-making positions to which they were
appointed by the President; Provided, however, that in each case the
head of the originating Department shall:
(i) determine that access is clearly consistent with the interests of
national security; and
(ii) take appropriate steps to assure that classified information or
material is not published or otherwise compromised.
Access granted a person by reason of his having previously occupied a
policy-making position shall be limited to those papers which the
former official originated, reviewed, signed or received while in public
office.
SEC. 13. Administrative and Judicial Action. (A) Any officer or
employee of the United States who unnecessary classifies or over-
classifies information or material shall be notified that his actions are in
violation of the terms of this order or of a directive of the President
issued through the National Security Council. Repeated abuse of the
classification process shall be grounds for an administrative reprimand.
In any case where the Departmental committee or the Interagency Classi-
fication Review Committee finds that unnecessary classification or over-
classification has occurred, it shall make a report to the head of the
Department concerned in order that corrective steps may be taken.
(B) The head of each Department is directed to take prompt and
stringent administrative action against any officer or employee of the
United States, at any level of employment, determined to have been re-
sponsible for any release or disclosure of national security information or
material in a manner not authorized by or under this order or a directive
of the President issued through the National Security Council. Where a
violation of criminal statutes may be involved, Departments will refer
any such case promptly to the Department of Justice.
SEC. 14. Revocation of Executive Order No. 10501. Executive Order
No. 10501 of November 5, 1953, as amended by Executive Orders No.
10816 of May 8, 1959, No. 10901 of January 11, 1961, No. 10964 of
September 20, 1961, No. 10985 of January 15, 1962, No. 11097 of
March 6, 1963 and by Section 1(a) of No. 11382 of November 28, 1967,
is superseded as of the effective date of this order.
SEC. 15. Effective date. This order shall become effective on June 1,
1972.
Richard Nixon
The White House
March 8, 1972.
[FR Doc. 72-3782 Filed 3-9-72; 11:01am]
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Executive Order 11652, issued March 8, 1972, revised the
regulations governing the handling of classified United States
security information. The new regulations provided that all
classified information more than 30 years old was to be
systematically reviewed for declassification by the Archivist of
the United States, and all newly classified information was to be
automatically declassified after 30 years except for specifically
identified information which the head of the originating agency
determined to require further protection. Thousands of post-World
War II government documents which were formerly classified as Top
Secret, Secret, or Confidential have been declassified under the
mandatory provisions of these regulations.
The Freedom of Information Act [FOIA], first enacted in 1966 and
substantially amended in 1974 and 1986, establishes a presumption
that records in the possession of agencies and departments of the
executive branch of the U.S. Government are accessible to the
people. With the adoption of the FOIA, the burden of proof
shifted from the individual to the government and the "need to
know" standard was replaced with the "right to know" doctrine.
The Department of State has established an Electronic Reading
Room which provides direct public access to historical records
which have been made available under the Freedom of Information
Act.
The FOIA does not apply to the President, Vice President,
Senators or members of the House of Representatives; however, the
Presidential Records Act of 1978 does make the documentary
materials of former Presidents subject to the FOIA and all
Presidential papers and documents generated after Jan. 20, 1981,
will be available under the framework of the FOIA. All official
records of the Congress are available to the public; copies of
many of these materials may be found in Federal depository
libraries (including the Government Documents Center, Yale
University) around the country.
==============================================================================
Statement on Establishing a New System for Classification and Declassification
of Government Documents Relating to National Security. (EO 11652)
March 8, 1972
I HAVE today signed an Executive order [11652] establishing a new, more
progressive system for classification and declassification of Government
documents relating to national security. This reform springs from a review that
I initiated almost 14 months ago and represents the first major overhaul of our
classification procedures since 1953.
By a separate action, I have also directed the Secretary of State to accelerate
publication of the official documentary series, "Foreign Relations of the United
States," so that historians and others will have more rapid access to papers
created after World War II.
Both of these actions are designed to lift the veil of secrecy which now
enshrouds altogether too many papers written by employees of the Federal
establishment and to do so without jeopardizing any of our legitimate
defense or foreign policy interests.
SHORTCOMINGS OF PRESENT CLASSIFICATION SYSTEM
Unfortunately, the system of classification which has evolved in the United
States has failed to meet the standards of an open and democratic society,
allowing too many papers to be classified for too long a time. The controls
which have been imposed on classification authority have proved unworkable, and
classification has frequently served to conceal bureaucratic mistakes or to
prevent embarrassment to officials and administrations.
Once locked away in Government files, these papers have accumulated in enormous
quantities and have become hidden from public exposure for years, for decades--
even for generations. It is estimated that the National Archives now has 160
million pages of classified documents from World War II and over 300 million
pages of classified documents for the years 1946 through 1954.
The many abuses of the security system can no longer be tolerated. Fundamental
to our way of life is the belief that when information which properly belongs to
the public is systematically withheld by those in power, the people soon become
ignorant of their own affairs, distrustful of those who manage them, and---
eventually-incapable of determining their own destinies.
Yet since the early days of the Republic, Americans have also recognized that
the Federal Government is obliged to protect certain information which might
otherwise jeopardize the security of the country. That need has become
particularly acute in recent years as the United States has assumed a powerful
position in world affairs, and as world peace has come to depend in large part
on how that position is safeguarded. We are also moving into an era of delicate
negotiations in which it will be especially important that governments be able
to communicate in confidence.
Clearly, the two principles of an informed public and of confidentiality within
the Government are irreconcilable in their purest forms, and a balance must be
struck between them.
REVIEW ORDERED IN JANUARY 1971
In order to strike that balance in favor of more complete public disclosure and
in keeping with my pledge to create an open Administration, I directed on
January 15, 1971, that a review be made of security classification procedures
now in effect. An interagency committee was set up to study the existing system,
to make recommendations with respect to its operation, and to propose steps that
might be taken to provide speedier declassification. I later directed that the
scope of the review be expanded to cover all aspects of information security.
The Executive order I have signed today is based upon the results of this study,
as well as on our own operational experiences under current rules, on findings
of similar studies in the past growing out of Congressional hearings, and on a
reexamination of the rationale underlying the Freedom of Information Act.
BASIS FOR OPTIMISM
We cannot be assured of complete success in this endeavor. In such a complex
field, rules can never be airtight and we must rely upon the good judgment of
individuals throughout the Government. Yet I believe that our new approach does
provide a basis for considerable optimism. The full force of my office has been
committed to this endeavor. The rules have been tightened with great care. In
addition, in a critically important shift, we have reversed the burden of proof:
For the first time, we are placing that burden-and even the threat of
administrative sanction--upon those who wish to preserve the secrecy of
documents, rather than upon those who wish to declassify them after a reasonable
time.
The new system will become effective on June I, 1972. Among its most significant
features are these:
--The rules for classifying documents are more restrictive.
--The number of departments and people who can originally classify
information has been substantially reduced.
--Timetables ranging from 6 to 10 years have been set for the automatic
declassification of documents. Exceptions will be allowed only for such
information as falls within four specifically defined categories.
--Any document exempted from automatic declassification will be subject to
mandatory review after a 10-year period. Thus, for the first time, a private
citizen is given a clear right to have national security information reviewed on
the basis of specified criteria to determine if continued classification is
warranted, so long as the document can be adequately identified and obtained by
the Government with a reasonable amount of effort.
--If information is still classified 30 years after origination, it will then be
automatically declassified unless the head of the originating department
determines in writing that its continued protection is still necessary and he
sets a time for declassification.
--Sanctions may be imposed upon those who abuse the system.
--And a continuing monitoring process will be set up under the National
Security Council and an Interagency Classification Review Committee, whose
Chairman is to be appointed by the President.
These rules are explained in greater detail below.
ELEMENTS OF THE NEW SYSTEM
1. Tighter Rules for Classification.
Under the new order, materials can be classified Top Secret, Secret, or
Confidential only if their unauthorized disclosure "could reasonably be
expected" to cause, respectively, exceptionally grave damage, serious damage, or
damage to the national security. Heretofore, material could be classified if the
originator had any expectation of such damage however remote. This new test is
intended to reduce the amount of protected information. In addition, the order
explicitly directs that the "Top Secret" stamp must be used with "utmost
restraint" while "Secret" shall be used "sparingly."
2. Reduction in Classification Authority.
The new order also substantially reduces the number of agencies in the
Government authorized to classify information and material. Under current rules,
24 Federal departments and agencies outside the Executive office of the
President have broad classification authority, while several others have more
restricted powers. Under the new system, only 12 departments and agencies and
such offices in the Executive office as the President may designate will have
authority to originally classify information "Top Secret" and 13 others will
have authority to stamp materials "Secret" and "Confidential."
In the principal departments concerned with national security, namely State,
Defense, and the CIA, the number of individuals who may be authorized to
classify material "Top Secret" is also drastically reduced from 5,100 to
approximately 1,860. This authority may be exercised only by the heads of the
departments and agencies and certain high officials within their organizations
whom the heads must designate in writing. Reductions in classification authority
are also being made at the "Secret" and "Confidential" levels.
It is anticipated that by reducing the number of agencies with classification
powers as well as the number of people within those agencies who have personal
classification authority, we can sharply reduce the quantity of material which
enters the Government's classified files.
3. Precise Identification of Classified Information.
A major source of unnecessary classification under the old Executive order
was the practical impossibility of discerning which portions of a classified
document actually required classification. Incorporation of any material from a
classified paper into another document usually resulted in the classification of
the new document, and innocuous portions of neither paper could be released.
To the extent practicable, each classified document under the new system will be
marked to show which portions are classified, at what level, and which portions
are unclassified.
4. Rules for Declassifying Documents.
Perhaps the most innovative and crucial aspect of the Executive order I
have signed today is the procedure it establishes for the downgrading and
declassification of documents. Aside from a small mount of documents which are
subject to declassification after a 12-year period as specified by existing
regulations, the vast majority of documents classified since World War II have
never been given a rigorous declassification review and they remain classified
to this day. I believe we can cure these ills under the new order.
A. Documents Classified After May 31, 1972
Unless specifically exempted, all documents classified after May 31, 1972,
are to be automatically downgraded and declassified. "Top Secret" information is
to be downgraded to "Secret" after 2 years, to "Confidential" after 2 more
years, and declassified after a total of 10 years. "Secret" information is to be
downgraded to "Confidential" after 2 years and declassified after a total of 8
years. "Confidential" documents are to be declassified after 6 years.
Information may be exempted from the automatic process only by an official with
"Top Secret" classification authority and that official must specify in writing
in which of four specific exemption categories the material falls and, where
possible, he must also indicate when declassification will in fact occur. The
four exemption categories are:
--Classified information furnished in confidence by a foreign government or
international organization;
--Classified information covered by statute, or pertaining to
cryptography, or disclosing intelligence sources or methods;
--Classified information disclosing a system, plan, installation, project
or specific foreign relations matter the continued protection of which is
essential to the national security;
--Classified information which, if disclosed, "would place a person in
immediate jeopardy." The jeopardy intended here is physical harm, not personal
embarrassment or discomfiture.
Upon request from anyone, including a member of the general public, exempted
material is subject to mandatory review by the originating Department after 10
years from the date of origin so long as (a) the request describes the record
with sufficient particularity that it may be identified, and (b) the record can
be obtained with a reasonable amount of effort.
If material is still classified 30 years after the date of its original
classification, it shall then be automatically declassified. Classification may
be further extended only if the head of the originating Department personally
determines in writing that its continued protection is essential to national
security or that its disclosure would place a person in immediate jeopardy. In
these instances--and I am encouraged to believe that they will be limited in
number--the Department head must also specify the period of continued
classification.
B. Documents Classified Before June 1,1972
Essentially these same standards will be applied to materials classified
prior to the effective date of this order, but in view of their vast quantity,
the 6-10 year rule for automatic declassification can only be applied to those
documents already subject to a 12-year declassification under current
procedures. All others will be subject to the mandatory review process at any
time after 10 years from the date of origin, provided the particularity and
reasonable effort tests are met. After 30 years all remaining classified
information shall be systematically reviewed for declassification by the
Archivist of the United States. The Archivist shall continue the protection of
this material after the 30-year deadline only if the head of the originating
Department so specifies in writing under conditions noted above.
This new responsibility for the Archivist is tailored to fit with Administration
plans for an immediate and systematic declassification of World War II
documents. On August 3, 1971, I asked the Congress for a supplemental
appropriation of $636,000 so that we could begin this project under the
direction of the National Archives and Records Service of the General Services
Administration. The Congress has not yet responded to this request, but I am
hopeful of action this year.
5. Sanctions Against Over-Classification.
Unlike the current system, in which officials find it in their own best
interest to classify all materials of a questionable nature, I am hopeful that
the new Executive order will encourage them to exercise their authority with
restraint. The order explicitly states that information shall never be
classified "in order to conceal inefficiency or administrative error . . .or to
prevent for any other reason the release of information which does not require
protection in the interest of national security." More than that, each
agency is to provide a means of identifying the classifying authority for each
document and each official is to be held personally responsible for the
propriety of the classifications attributed to him. Repeated abuse of the
process through excessive classification shall be grounds for administrative
action.
6. Monitoring the New System.
Of critical importance to the effectiveness of my Executive order will be
the new administrative machinery designed to ensure that its provisions are not
allowed to become mere meaningless exhortations. The National Security Council
will monitor compliance with the Executive order. In addition, the order creates
a small Interagency Classification Review Committee with extensive powers to
oversee agency implementation of the new system, and to take action on
complaints both from within and from outside the Government on the
administration of the order.
ACCELERATING PUBLICATION OF FOREIGN RELATIONS SERIES
My second action today was to direct an acceleration in the publication by the
Department of State of the official documentary series, "Foreign Relations of
the United States." Since 1861, that series has been an invaluable resource for
historians and others interested in our past. For many years each publication
contained documents written only a few years before, but soon after the Second
World War, when Government files were bulging with war papers, a 20-year lag
developed between origination and publication. Now, however, the lag has
stretched to 26 years and the Department of State is presently publishing
materials relating to events of 1946. This delay is too long, and I have
directed the Secretary of State to institute immediately a program to reduce
this time lag to 20 years, and to accomplish this mission within 3 years. I have
also instructed the Secretary of Defense, the Director of Central Intelligence,
and my Assistant for National Security Affairs to cooperate fully with this
effort.
NOTE: On the same day, the White House released the transcript of a news
briefing on the new classification and declassification system by John D.
Ehrlichman, Assistant to the President for Domestic Affairs, and David R. Young,
Executive Director, Interagency Classification Review Committee.
On August 3, 1972, the White House released an announcement of a report by John
S. D. Eisenhower, Chairman, Interagency Classification Review Committee, on
progress made in the new classification and declassification system. A fact
sheet and chart on the progress in carrying out the provisions of Executive
Order 11652 were also released. The announcement is printed in the Weekly
Compilation of Presidential Documents (vol. 8, p. 1199).
==============================================================================
Order Designating Authority To Classify Information or Material Within the
Executive office of the President.
March 8, 1972
PURSUANT to Section 2(A) of the Executive Order of March 8, 1972, entitled
Classification and Declassification of National Security Information and
Material, I hereby designate the following offices in the Executive office of
the President as possessing authority to originally classify information or
material
"Top Secret" as set forth in said Order:
The White House office
National Security Council
Office of Management and Budget
Domestic Council
Office of Science and Technology
Office of Emergency Preparedness
President's Foreign Intelligence Advisory Board
Council on International Economic Policy
Council of Economic Advisers
National Aeronautics and Space Council
Office of Telecommunications Policy
RICHARD NIXON
The White House,
March 8, 1972.
==============================================================================
Memorandums About Acceleration of Publication of "Foreign Relations of the
United States" Series.
March 8, 1972
Memorandum for the Secretary of State:
SUBJECT: Acceleration of Publication of "Foreign Relations" Series
The official documentary series "Foreign Relations of the United States,"
published by the Department of State, has for many years provided the American
public with an indispensable perspective on our Nation's history. The materials
now being published, however, relate to the events of 1946, and I think that in
the interests of a better informed public the length of time between event and
publication should be shortened. Accordingly, I ask that, without impairing the
quality and comprehensive nature of the series, you immediately institute a
program to reduce this time lag to 20 years. Your objective should be to make
this reduction within the next 3 years and to keep the publication point at 20
years from then on.
In order to achieve this goal in the most expeditious manner, I am today
instructing the Secretary of Defense, the Director of Central Intelligence, and
the Assistant to the President for National Security Affairs to cooperate fully
with you in collecting and declassifying the appropriate materials to the
maximum extent consistent with the requirements of national security.
RICHARD NIXON
==============================================================================
Memorandum for:
The Secretary of Defense
The Director of Central Intelligence
The Assistant to the President for National Security Affairs
SUBJECT: Acceleration of Publication of "Foreign Relations" Series
I have today instructed the Secretary of State to institute a program to
reduce the time lag of the official documentary series "Foreign Relations of the
United States," published by the Department of State, from 26 to 20 years.
The Department of State, in carrying out this instruction, will be seeking the
assistance of your department or agency in the collection and declassification
of the material in question. I ask that you cooperate fully with the
Secretary of State to meet the above objectives in the most expeditious manner
and to the maximum extent consistent with the requirements of national security.
RICHARD NIXON
[Executive Orders]