EXECUTIVE ORDER NO. 12065
Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, as amended by
Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No.
12163, Sept. 29, 1979, 44 F.R. 56673, which related to
classification and declassification of national security
information and material, was revoked by Ex. Ord. No. 12356, Apr.
2, 1982, 47 F.R. 14874, 15557, formerly set out below.
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National Security Information
Executive Order 12065.
June 28, 1978
By the authority vested in me as President by the Constitution and laws of the
United States of America, in order to balance the public's interest in access to
Government information with the need to protect certain national security
information from disclosure, it is hereby ordered as follows:
TABLE OF CONTENTS
SECTION 1. ORIGINAL CLASSIFICATION
1-1 Classification Designation 1195 1
1-2 Classification Authority 1195
1-3 Classification Requirements 1196
1-4 Duration of Classification 1197
1-5 Identification and Markings 1197
1-6 Prohibitions 1198
SECTION 2. DERIVATIVE CLASSIFICATION
2-1 Use of Derivative Classification 1198
2-2 Classification Guides 1199
2-3 New Material 1199
1 EDITOR'S NOTE: The page numbers of the above table of contents reflect
page citations in this publication. The page numbers which they replace were
references to pages in the original document.
SECTION 3. DECLASSIFICATION AND DOWNGRADING
3-1 Declassification Authority 1199
3-2 Transferred Information 1199
3-3 Declassification Policy 1200
3-4 Systematic Review for Declassification 1200
3-5 Mandatory Review for Declassification 1202
3-6 Downgrading 1202
SECTION 4. SAFEGUARDING
4-1 General Restrictions 1202
4-2 Special Access Programs 1203
4-3 Access by Historical Researchers and
Former Presidential Appointees 1203
4-4 Reproduction Controls 1204
SECTION 5. IMPLEMENTATION AND REVIEW
5-1 Oversight 1204
5-2 Information Security Oversight Office 1204
5-3 Interagency Information Security Committee 1205
5-4 General Responsibilities 1205
5-5 Administrative Sanctions 1206
SECTION 6. GENERAL PROVISIONS
6-1 Definitions 1206
6-2 General 1207
SECTION 1. ORIGINAL CLASSIFICATION.
1-1. Classification Designation.
1-101. Except as provided in the Atomic Energy Act of 1954, as amended,
this Order provides the only basis for classifying information. Information may
be classified in one of the three designations listed below. If there is
reasonable doubt which designation is appropriate, or whether the information
should be classified at all, the less restrictive designation should be used, or
the information should not be classified.
1-102. "Top Secret" shall be applied only to information, the unauthorized
disclosure of which reasonably could be expected to cause exceptionally grave
damage to the national security.
1-103. "Secret" shall be applied only to information, the unauthorized
disclosure of which reasonably could be expected to cause serious damage to the
national security.
1-104. "Confidential" shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause identifiable damage to
the national security.
1-2. Classification Authority.
1-201. Top Secret. Authority for original classification of information as Top
Secret may be exercised only by the President, by such officials as the
President may designate by publication in the FEDERAL REGISTER, by the agency
heads listed below, and by officials to whom such authority is delegated in
accordance with Section 1-204:
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General The Secretary of Energy
The Chairman, Nuclear Regulatory Commission
The Director, Arms Control and Disarmament Agency
The Director of Central Intelligence
The Administrator, National Aeronautics and Space Administration
The Administrator of General Services (delegable only to the Director,
Federal Preparedness Agency and to the Director, Information Security Oversight
Office)
1-202. Secret. Authority for original classification of information as Secret
may be exercised only by such officials as the President may designate by
publication in the FEDERAL REGISTER, by the agency heads listed below, by
officials who have Top Secret classification authority, and by officials to whom
such authority is delegated in accordance with Section 1-204:
The Secretary of Commerce
The Secretary of Transportation
The Administrator, Agency for International Development
The Director, International Communication Agency
1-203. Confidential. Authority for original classification of information as
Confidential may be exercised only by such officials as the President may
designate by publication in the FEDERAL REGISTER, by the agency heads listed
below, by officials who have Top Secret or Secret classification authority, and
by officials to whom such authority is delegated in accordance with Section 1-
204:
The President and Chairman, Export Import Bank of the United States
The President and Chief Executive Officer, Overseas Private investment
Corporation
1-204. Limitations on Delegation of Classification Authority.
(a) Authority for original classification of information as Top Secret may be
delegated only to principal subordinate officials who have a frequent need to
exercise such authority as determined by the President or by agency heads listed
in Section 1-201.
(b) Authority for original classification of information as Secret may be
delegated only to subordinate officials who have a frequent need to exercise
such authority as determined by the President, by agency heads listed in
Sections 1-201 and 1-202, and by officials with Top Secret classification
authority.
(c) Authority for original classification of information as Confidential may be
delegated only to subordinate officials who have a frequent need to exercise
such authority as determined by the President, by agency heads listed in
Sections 1-201, 1-202, and 1-203, and by officials with Top Secret
classification authority.
(d) Delegated original classification authority may not be redelegated.
(e) Each delegation of original classification authority shall be in writing by
name or title of position held.
(f) Delegations of original classification authority shall be held to an
absolute minimum. Periodic reviews of such delegations shall be made to ensure
that the officials so designated have demonstrated a continuing need to exercise
such authority.
1-205. Exceptional Cases. When an employee or contractor of an agency that does
not have original classification authority originates information believed to
require classification, the information shall be protected in the manner
prescribed by this Order and implementing directives. The information shall be
transmitted promptly under appropriate safeguards to the agency which has
appropriate subject matter interest and classification authority. That agency
shall decide within 30 days whether to classify that information. If it is not
clear which agency should get the information, it shall be sent to the Director
of the Information Security Oversight Office established in Section 5-2 for a
determination.
1-3. Classification Requirements.
1-301. Information may not be considered for classification unless it concerns:
(a) military plans, weapons, or operations;
(b) foreign government information;
(c) intelligence activities, sources or methods;
(d) foreign relations or foreign activities of the United States;
(e) scientific, technological, or economic matters relating to the national
security;
(f) United States Government programs for safeguarding nuclear materials or
facilities; or
(g) other categories of information which are related to national security
and which require protection against unauthorized disclosure as determined by
the President, by a person designated by the President pursuant to Section 1-
201, or by an agency head.
1-302. Even though information is determined to concern one or more of the
criteria in Section 1-301, it may not be classified unless an original
classification authority also determines that its unauthorized disclosure
reasonably could be expected to cause at least identifiable damage to the
national security.
1-303. Unauthorized disclosure of foreign government information or the identity
of a confidential foreign source is presumed to cause at least identifiable
damage to the national security.
1-304. Each determination under the criterion of Section 1-301 (g) shall
be reported promptly to the Director of the Information Security Oversight
Office. 1-4. Duration of Classification.
1-401. Except as permitted in Section 1-402, at the time of the original
classification each original classification authority shall set a date or event
for automatic declassification no more than six years later.
1-402. Only officials with Top Secret classification authority and agency heads
listed in Section 1-2 may classify information for more than six years from the
date of the original classification. This authority shall be used sparingly. In
such cases, a declassification date or event, or a date for review, shall be
set. This date or event shall be as early as national security permits and shall
be no more than twenty years after original classification, except that for
foreign government information the date or event may be up to thirty years after
original classification.
1-5. Identification and Markings.
1-501. At the time of original classification, the following shall be shown on
the face of paper copies of all classified documents:
(a) the identity of the original classification authority;
(b) the office of origin;
(c) the date or event for declassification or review; and
(d) one of the three classification designations defined in Section 1-1.
1-502. Documents classified for more than six years shall also be marked with
the identity of the official who authorized the prolonged classification. Such
documents shall be annotated with the reason the classification is expected to
remain necessary, under the requirements of Section 1-3, despite the passage of
time. The reason for the prolonged classification may be stated by reference to
criteria set forth in agency implementing regulations. These criteria shall
explain in narrative form the reason the information needs to be protected
beyond six years. If the individual who signs or otherwise authenticates a
document also is authorized to classify it, no further annotation of identity is
required.
1-503. Only the designations prescribed by this Order may be used to identify
classified information. Markings such as "For Official Use Only" and "Limited
Official Use" may not be used for that purpose. Terms such as "Conference" or
"Agency" may not be used in conjunction with the classification designations
prescribed by this Order; e.g., "Agency Confidential" or "Conference
Confidential."
1-504. In order to facilitate excerpting and other uses, each classified
document shall, by marking or other means, indicate clearly which
portions are classified, with the applicable classification designation, and
which portions are not classified. The Director of the Information Security
Oversight Office may, for good cause, grant and revoke waivers of this
requirement for specified classes of documents or information.
I 505. Foreign government information shall either retain its original
classification designation or be assigned a United States classification
designation that shall ensure a degree of protection equivalent to that required
by the entity that furnished the information.
1-506. Classified documents that contain or reveal information that is subject
to special dissemination and reproduction limitations authorized by this Order
shall be marked clearly so as to place the user on notice of the restrictions.
1-6. Prohibitions.
1-601. Classification may not be used to conceal violations of law,
inefficiency, or administrative error, to prevent embarrassment to a person,
organization or agency, or to restrain competition.
1-602. Basic scientific research information not clearly related to the
national security may not be classified.
1-603. A product of non-government research and development that does not
incorporate or reveal classified information to which the producer or developer
was given prior access may not be classified under this Order until and unless
the government acquires a proprietary interest in the product. This Order does
not affect the provisions of the Patent Secrecy Act of 1952 (35 U.S.C. 181-188).
1-604. References to classified documents that do not disclose classified
information may not be classified or used as a basis for classification.
1-605. Classification may not be used to limit dissemination of
information that is not classifiable under the provisions of this Order or to
prevent or delay the public release of such information.
1-606. No document originated on or after the effective date of this Order may
be classified after an agency has received a request for the document under the
Freedom of Information Act or the Mandatory Review provisions of this Order
(Section 3-5), unless such classification is consistent with this Order and is
authorized by the agency head or deputy agency head. Documents originated before
the effective date of this Order and subject to such a request may not be
classified unless such classification is consistent with this Order and is
authorized by the senior official designated to oversee the agency information
security program or by an official with Top Secret classification authority.
Classification authority under this provision shall be exercised personally, on
a document-by-document basis.
1-607. Classification may not be restored to documents already declassified and
released to the public under this Order or prior Orders.
SECTION 2. DERIVATIVE CLASSIFICATION.
2-1. Use of Derivative Classification.
2-101. Original classification authority shall not be delegated to 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.
2-102. Persons who apply such derivative classification markings shall:
(a) respect original classification decisions;
(b) verify the information's current level of classification so far as
practicable before applying the markings; and
(c) carry forward to any newly created documents the assigned dates or
events for declassification or review and any additional authorized markings, in
accordance with Sections 2-2 and 2-301 below. A single marking may be used for
documents based on multiple sources.
2-2. Classification Guides.
2-201. Classification guides used to direct derivative classification shall
specifically identify the information to be classified. Each classification
guide shall specifically indicate how the designations, time limits, markings,
and other requirements of this Order are to be applied to the information.
2-202. Each such guide shall be approved personally and in writing 'by an agency
head listed in Section 1-2 or by an official with Top Secret classification
authority. Such approval constitutes an original classification decision.
2-3. New Material.
2-301. New material that derives its classification from information classified
on or after the effective date of this Order shall be marked with the
declassification date or event, or the date for review, assigned to the source
information.
2-302. New material that derives its classification from information classified
under prior Orders shall be treated as follows:
(a) If the source material bears a declassification date or event twenty
years or less from the date of origin, that date or event shall be carried
forward on the new material.
(b) If the source material bears no declassification date or event or is marked
for declassification beyond twenty years, the new material shall be marked with
a date for review for declassification at twenty years from the date of original
classification of the source material.
(c) If the source material is foreign government information bearing no date or
event for declassification or is marked for declassification beyond thirty
years, the new material shall be marked for review for declassification at
thirty years from the date of original classification of the source material.
SECTION 3. DECLASSIFICATION AND DOWNGRADING.
3-1. Declassification Authority.
3-101. The authority to declassify or downgrade information classified under
this or prior Orders shall be exercised only as specified in Section 3-1.
3-102. Classified information may be declassified or downgraded by the
official who authorized the original classification if that official is still
serving in the same position, by a successor, or by a supervisory official of
either.
3-103. Agency heads named in Section 1-2 shall designate additional officials at
the lowest practicable echelons to exercise declassification and downgrading
authority.
3-104. 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 Council. The information shall remain classified until the
appeal is decided or until one year from the date of the Director's decision,
whichever occurs first.
3-105. The provisions of this Order relating to declassification shall also
apply to agencies which, under the terms of this Order, do not have original
classification authority but which had such authority under prior Orders.
3-2. Transferred Information.
3-201. For classified information transferred in conjunction with a transfer
of functions--not merely for storage purposes--the receiving agency
shall be deemed to be the originating agency for all purposes under this Order.
3-202. For classified information not transferred in accordance with Section
3201, but originated in an agency which has ceased to exist, each agency in
possession shall be deemed to be the originating agency for all purposes under
this Order. Such information may be declassified or downgraded by the agency in
possession after consulting with any other agency having an interest in the
subject matter.
3-203. Classified information transferred to the General Services Administration
for accession into the Archives of the United States shall be declassified or
downgraded by the Archivist of the United States in accordance with this Order,
the directives of the Information Security Oversight Office, and the agency
guidelines.
3-204. After the termination of a Presidential administration, the Archivist of
the United States shall review and declassify or downgrade all information
classified by the President, the White House Staff, committees or commissions
appointed by the President, or others acting on the President's behalf. Such
declassification shall only be undertaken in accordance with the provisions of
Section 3-504.
3-3. Declassification Policy.
3-301. Declassification of classified information shall be given emphasis
comparable to that accorded classification. Information classified pursuant to
this and prior Orders shall be declassified as early as national security
considerations permit. Decisions concerning declassification shall be based on
the loss of the information's sensitivity with the passage of time or on the
occurrence of a declassification event.
3-302. When information is reviewed for declassification pursuant to this Order
or the Freedom of Information Act, it shall be declassified unless the
declassification authority established pursuant to Section 3-1 determines that
the information continues to meet the classification requirements prescribed in
Section 1-3 despite the passage of time.
3-303. It is presumed that information which continues to meet the
classification requirements in Section 1-3 requires continued protection. In
some cases, however, the need to protect such information may be outweighed by
the public interest in disclosure of the information, and in these cases the
information should be declassified. When such questions arise, they shall be
referred to the agency head, a senior agency official with responsibility for
processing Freedom of Information Act requests or Mandatory Review requests
under this Order, an official with Top Secret classification authority, or the
Archivist of the United States in the case of material covered in Section 3-503.
That official will determine whether the public interest in disclosure outweighs
the damage to national security that might reasonably be expected from
disclosure.
3-4. Systematic Review for Declassification.
3-401. Classified information constituting permanently valuable records of the
Government, as defined by 44 U.S.C. 2103, and information in the possession and
control of the Administrator of General Services, pursuant to 44 U.S.C. 2107 or
2107 note, shall be reviewed for declassification as it becomes twenty years
old. Agency heads listed in Section 1-2 and officials designated by the
President pursuant to Section 1-201 of this Order may extend
classification beyond twenty years, but only in accordance with Sections 3-3 and
3-402. This authority may not be delegated. When classification is extended
beyond twenty years, a date no more than ten years later shall be set for
declassification or for the next review. That date shall be marked on the
document. Subsequent reviews for declassification shall be set at no more than
ten year intervals. The Director of the Information Security Oversight Office
may extend the period between subsequent reviews for specific categories of
documents or information.
3-402. Within 180 days after the effective date of this Order, the agency heads
listed in Section 1-2 and the heads of agencies which had original
classification authority under prior orders shall, after consultation with the
Archivist of the United States and review by the Information Security Oversight
Office, issue and maintain guidelines for systematic review covering twenty-year
old classified information under their jurisdiction. These guidelines shall
state specific, limited categories of information which, because of their
national security sensitivity, should not be declassified automatically but
should be reviewed item-by-item to determine whether continued protection beyond
twenty years is needed. These guidelines shall be authorized for use by the
Archivist of the United States and may, upon approval of the issuing authority,
be used by any agency having custody of the information. All information not
identified in these guidelines as requiring review and for which a prior
automatic declassification date has not been established shall be declassified
automatically at the end of twenty years from the date of original
classification.
3-403. Notwithstanding Sections 3401 and 3-402, the Secretary of Defense may
establish special procedures for systematic review and declassification of
classified cryptologic information, and the Director of Central Intelligence may
establish special procedures for systematic review and declassification of
classified information concerning the identities of clandestine human agents.
These procedures shall be consistent, so far as practicable, with the objectives
of Sections 3-401 and 3-402. Prior to implementation, they shall be reviewed and
approved by the Director of the Information Security Oversight Office and, with
respect to matters pertaining to intelligence sources and methods, by the
Director of Central Intelligence. Disapproval of procedures by the Director of
the Information Security Oversight Office may be appealed to the National
Security Council. In such cases, the procedures shall not be implemented until
the appeal is decided.
3-404. Foreign government information shall be exempt from automatic
declassification and twenty year systematic review. Unless declassified earlier,
such information shall be reviewed for declassification thirty years from its
date of origin. Such review shall be in accordance with the provisions of
Section 3-3 and with guidelines developed by agency heads in consultation with
the Archivist of the United States and, where appropriate, with the foreign
government or international organization concerned. These guidelines shall be
authorized for use by the Archivist of the United States and may, upon approval
of the issuing authority, be used by any agency having custody of the
information.
3-405. Transition to systematic review at twenty years shall be implemented as
rapidly as practicable and shall be completed no more than ten years from the
effective date of this Order.
3-5. Mandatory Review for Declassification.
3-501. Agencies shall establish a mandatory review procedure to handle requests
by a member of the public, by a government employee, or by an agency, to
declassify and release information. This procedure shall apply to information
classified under this Order or prior Orders. Except as provided in Section 3-
503, upon such a request the information shall be reviewed for possible
declassification, provided the request reasonably describes the information.
Requests for declassification under this provision shall be acted upon within 60
days. After review, the information or any reasonably segregable portion thereof
that no longer requires protection under this Order shall be declassified and
released unless withholding is otherwise warranted under applicable law.
3-502. Requests for declassification which are submitted under the provisions of
the Freedom of Information Act shall be processed in accordance with the
provisions of that Act.
3-503. Information less than ten years old which was originated by the
President, by the White House Staff, or by committees or commissions appointed
by the President, or by others acting on behalf of the President, including such
information in the possession and control of the Administrator of General
Services pursuant to 44 U.S.C. 2107 or 2107 note, is exempted from the
provisions of Section 3-501. Such information over ten years old shall be
subject to mandatory review for declassification. Requests for mandatory review
shall be processed in accordance with procedures developed %y the Archivist of
the United States. These procedures shall provide for consultation with agencies
having primary subject matter interest. Any decision by the Archivist may be
appealed to the Director of the Information Security Oversight Office. Agencies
with primary subject matter interest shall be notified promptly of the
Director's decision on such appeals and may further appeal to the National
Security Council through the process set forth in Section 3-104.
3-504. Requests for declassification of classified documents originated by an
agency but in the possession and control of the Administrator of General
Services, pursuant to 44 U.S.C. 2107 or 2107 note, shall be referred by the
Archivist to the agency of origin for processing in accordance with Section 3-
501 and for direct response to the requestor. The Archivist shall inform
requestors of such referrals.
3-505. No agency in possession of a classified document may, in response to a
request for the document made under the Freedom of Information Act or this
Order's Mandatory Review provision, refuse to confirm the existence or
nonexistence of the document, unless the fact of its existence or non-existence
would itself be classifiable under this Order.
3-6. Downgrading.
3-601. Classified information that is marked for automatic downgrading is
downgraded accordingly without notification to holders.
3-602. Classified information that is not marked for automatic downgrading may
be assigned a lower classification designation by the originator or by other
authorized officials when such downgrading is appropriate. Notice of downgrading
shall be provided to holders of the information to the extent practicable.
SECTION 4. SAFEGUARDING.
4-1. General Restrictions on Access.
4-101. No person may be given access to classified information unless that
person has been determined to be trustworthy and unless access is necessary for
the performance of official duties.
4-102. All classified information shall be marked conspicuously to put users on
notice of its current classification status and, if appropriate, to show any
special distribution or reproduction restrictions authorized by this Order.
4-103. Controls shall be established by each agency to ensure that classified
information is used, processed, stored, reproduced, and transmitted only under
conditions that will provide adequate protection and prevent access by
unauthorized persons.
4-104. Classified information no longer needed in current working files or for
reference or record purposes shall be processed for appropriate disposition in
accordance with the provisions of Chapters 21 and 33 of Title 44 of the United
States Code, which governs disposition of Federal records.
4-105. Classified information disseminated outside the Executive branch shall be
given protection equivalent to that afforded within the Executive branch.
4-2. Special Access Programs.
4-201. Agency heads listed in Section 1-201 may create special access programs
to control access, distribution, and protection of particularly sensitive
information classified pursuant to this Order or prior Orders. Such programs may
be created or continued only by written direction and only by those agency heads
and, for matters pertaining to intelligence sources and methods, by the Director
of Central Intelligence. Classified information in such programs shall be
declassified according to the provisions of Section 3.
4-202. Special access programs may be created or continued only on a specific
showing that:
(a) normal management and safeguarding procedures are not sufficient to
limit need-to-know or access;
(b) the number of persons who will need access will be reasonably small and
commensurate with the objective of providing extra protection for the
information involved; and
(c) the special access controls balance the need to protect the
information against the full spectrum of needs to use the information.
4-203. All special access programs shall be reviewed regularly and, except those
required by treaty or international agreement, shall terminate automatically
every five years unless renewed in accordance with the procedures in
Section 4-2.
4-204. Within 180 days after the effective date of this Order, agency heads
shall review all existing special access programs under their jurisdiction and
continue them only in accordance with the procedures in Section 4-2. Each of
those agency heads shall also 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.
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 necessary for the performance of official duties may
be waived as provided in Section 4-302 for persons who:
(a) are engaged in historical research projects, or
(b) previously have occupied policymaking 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) makes a written determination that access is consistent with the interests
of national security;
(b) takes appropriate steps to ensure that access is limited to specific
categories of information over which that agency has classification
jurisdiction;
(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.
4-4. Reproduction Controls.
4-401. Top Secret documents may not be reproduced without the consent of the
originating agency unless otherwise marked by the originating office.
4-402. Reproduction of Secret and Confidential documents may be restricted
by the originating agency.
4-403. Reproduced copies of classified documents are subject to the same
accountability and controls as the original documents.
4-404. Records shall be maintained by all agencies that reproduce paper copies
of classified documents to show the number and distribution of reproduced copies
of all Top Secret documents, of all documents covered by special access programs
distributed outside the originating agency, and of all Secret and all
Confidential documents which are marked with special dissemination and
reproduction limitations in accordance with Section 1-506.
4-405. Sections 4-401 and 4-402 shall not restrict the production of documents
for the purpose of facilitating review for declassification. However, such
reproduced documents that remain classified after review must be destroyed after
they are used.
SECTION 5. IMPLEMENTATION AND REVIEW.
5-1. Oversight.
5-101. The National Security Council may review all matters with respect to the
implementation of this Order and shall provide overall policy direction for the
information security program.
5-102. The Administrator of General Services shall be responsible for
implementing and monitoring the program established pursuant to this Order. This
responsibility shall be delegated to an Information Security Oversight Office.
5-2. 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 Administrator also shall have authority to appoint a staff for
the Office.
5-202. The Director shall:
(a) oversee agency actions to ensure compliance with this Order and implementing
directives;
(b) 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, including appeals from decisions on
declassification requests pursuant to Section 3-503;
(c) exercise the authority to declassify information provided by Sections 3-104
and 3-503;
(d) 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;
(e) report annually to the President through the Administrator of General
Services and the National Security Council on the implementation of
this Order;
(f) 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 or until one year from the date of the Director's
decision, whichever occurs first.
(g) exercise case-by-case classification authority in accordance with Section
1205 and review requests for original classification authority from agencies or
officials not granted original classification authority under Section 1-2 of
this Order; and
(h) have the authority to conduct on-site reviews of the information security
program of each agency that handles classified information and to require of
each agency such reports, information, and other cooperation as necessary to
fulfill his responsibilities. If such reports, inspection, or access to specific
categories of classified information would pose an exceptional national security
risk, the affected agency head 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 or until one year from the date of the denial,
whichever occurs first.
5-3. Interagency Information Security Committee.
5-301. There is established an Interagency Information Security Committee which
shall be chaired by the Director and shall be comprised of representatives of
the Secretaries of State, Defense, Treasury, and Energy, the Attorney General,
the Director of Central Intelligence, the National Security Council, the
Domestic Policy Staff, and the Archivist of the United States.
5-302. Representatives of other agencies may be invited to meet with the
Committee on matters of particular interest to those agencies.
5-303. The Committee shall meet at the call of the Chairman or at the request of
a member agency and shall advise the Chairman on implementation of this order.
5-4. General Responsibilities.
5-401. A copy of any information security regulation and a copy of any guideline
for systematic declassification review which has been adopted pursuant to this
Order or implementing directives, shall be submitted to the Information Security
Oversight Office. To the extent practicable, such regulations and guidelines
should be unclassified.
5-402. Unclassified regulations that establish agency information security
policy and unclassified guidelines for systematic declassification review shall
be published in the FEDERAL REGISTER.
5-403. Agencies with original classification authority shall promulgate guides
for security classification that will facilitate the identification and uniform
classification of information requiring protection under the provisions of this
Order.
5-404. Agencies which originate or handle classified information shall:
(a) designate a senior agency official to conduct an active oversight Program to
ensure effective implementation of this Order;
(b) designate a senior agency official to chair an agency committee with
authority to act on all suggestions and complaints with respect to the agency's
administration of the information security program;
(c) establish a process to decide appeals from denials of declassification
requests submitted pursuant to Section 3-5;
(d) establish a program to familiarize agency and other personnel who have
access to classified information with the provisions of this Order and
implementing directives. This program shall impress upon agency personnel their
responsibility to exercise vigilance in complying with this Order. The program
shall encourage agency personnel to challenge, through Mandatory Review and
other appropriate procedures, those classification decisions they believe to be
improper;
(e) promulgate guidelines for systematic review in accordance with Section 3-
402;
(f) establish procedures to prevent unnecessary access to classified
information, including procedures which require that a demonstrable need for
access to classified information is established before initiating administrative
clearance procedures, and which ensures that the number of people granted access
to classified information is reduced to and maintained at the minimum number
that is consistent with operational requirements and needs; and
(g) ensure that practices for safeguarding information are systematically
reviewed and that those which are duplicative or unnecessary are eliminated.
5-405. Agencies shall submit to the Information Security Oversight Office such
information or reports as the Director of the Office may find necessary to carry
out the Office's responsibilities.
5-5. Administrative Sanctions.
5-501. If the Information Security Oversight Office finds that a violation of
this Order or any implementing directives may have occurred, it shall make a
report to the head of the agency concerned so that corrective steps may be
taken.
5-502. Officers and employees of the United States Government shall be subject
to appropriate administrative sanctions if they:
(a) knowingly and willfully classify, or continue the classification of
information in violation of this Order or any implementing directives; or
(b) knowingly, willfully and without authorization disclose information properly
classified under this Order or prior Orders or compromise properly classified
information through negligence; or
(c) knowingly and willfully violate any other provision of this Order or
implementing directive.
5-503. Sanctions may include reprimand, suspension without pay, removal,
termination of classification authority, or other sanction in accordance with
applicable law and agency regulations.
5-504. Agency heads shall ensure that appropriate and prompt corrective action
is taken whenever a violation under Section 5-502 occurs. The Director of the
Information Security Oversight Office shall be informed when such violations
occur.
5-505. Agency heads shall report to the Attorney General evidence reflected in
classified information of possible violations of Federal criminal law by an
agency employee and of possible violations by any other. person of those Federal
criminal laws specified in guidelines adopted by the Attorney General.
SECTION 6. GENERAL PROVISIONS.
6-1. Definitions.
6-101. "Agency" has the meaning defined in 5 U.S.C. 552 (e).
6-102. "Classified information" means information or material, herein
collectively termed information, that is owned by, produced for or by,
or under the control of, the United States Government, and that has been
determined pursuant to this Order or prior Orders to require protection against
unauthorized disclosure, and that is so designated.
6-103. "Foreign government information" means information that has been
provided to the United States in confidence by, or produced by the United States
pursuant to a written joint arrangement requiring confidentiality with, a
foreign government or international organization of governments.
6-104. "National security" means the national defense and foreign
relations of the United States.
6-105. "Declassification event" means an event which would eliminate the need
for continued classification.
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 information
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 regulations issued pursuant
thereto.
6-202. The Attorney General, upon request by the head of an agency, his duly
designated representative, 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. 11652 of March 8, 1972, as amended by Executive Order
No. 11714 of April 24, 1973, and as further amended by Executive Order No. 11862
of June 11, 1975, and the National Security Council Directive of May 17, 1972 (3
CFR 1085 (1971-75 Comp.) ) are revoked.
6-204. This Order shall become effective on December 1, 1978, except that the
functions of the Information Security Oversight Office specified in Sections
5202(d) and 5-202(f) shall be effective immediately and shall be performed in
the interim by the Interagency Classification Review Committee established
pursuant to Executive Order No. 11652.
JIMMY CARTER
The White House,
June 28, 1978.
[Filed with the Office of the Federal Register, 4:18 p.m., June 29, 1978]
NOTE: The text of the Executive order was released on June 29.
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National Security Information
Order Designating Certain Officials To Classify Information "Top Secret."
June 28, 1978
Pursuant to the provisions of Section 1-201 of Executive Order 12065 of June 28,
1978, entitled "National Security Information", I hereby designate the following
officials within the Executive Office of the President to originally classify
information as "Top Secret".
The Vice President
The Assistant to the President for National Security Affairs
The Director, Office of Management and Budget The Director, Office of
Science and Technology Policy
The Special Representative for Trade Negotiations
The Chairman, Intelligence Oversight Board
Pursuant to the provisions of Section 1-202 of said Order, I designate the
Chairman of the Council of Economic Advisers and the President's Personal
Representative for Micronesian Status Negotiations to originally classify
information as "Secret".
Any delegation of this authority shall be in accordance with Section 1-204
of the Order.
This Order shall be published in the FEDERAL REGISTER.
JIMMY CARTER
The White House,
June 28, 1978.
[Filed with the Office of the Federal Register, 4:19 p.m., June 29, 1978]
[Executive Orders]