(3195-01] presidential documents Title 3—The President Executive Order 12065 ° June 28, 1978 National Security Information 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: Secon 1. | 1-2 1-3 re 1-5 1-6 Secrnon 2. 2-1 2-2 2-8 Secrion 3. 3-1 $-2 3-3 34 3-5 3-6 Section 4. +1 4-2 4-3 444 Section 5. 5-! 5-2 5-38 5-4 5-5 Secrion 6. 6-i 6-2 TABLE OF CONTENTS [FR page| Oricinat CLASSIFICATION: Classification Designation ..............cccscscccessceesececacccesceesecssnsecsasecoecsesscmmceseenenees (28950) Classification Authority ~...... -. {28956] Classification Requirements.. [28951] Duration of Classification ..... (28952) Identification and Markings . .- (28952) Prohibitions 200.0... tsseccessccescessscesssecsesseesseccascesncescsnsseenssssecsarsenenscecceesesenerences {28953} Derivative CLASSIFICATION: Use of Derivative Classification {28953} Classification Guides ................. (28953) "New Material .......c.ccscsessccsssesssscsesessessssssssseceeassausesesseneressssssssessentecsoraceseseaees — (28954) DECLASSIFICATION AND DOWNGRADING: Declassification AUChonity «00... ececesccsceecseeseccecceccaseneecceenseessetesserennesameasoes .. {2895-4) Transferred Unformation ........sc-ceccscesseencsessecessecnencssecssesssassossesssnenssnseneneasaness (28954) Declassification Policy ......---c:ccscsssescceceeecncssseesensesceectesssteecceotsccecesceeceeessnetens . (28955) Systematic Review for Declassification .. .« [28955] Mandatory Review for Declassification... . {28956] Downgrading .......cccescssscsssscceesseeesessensssctssecucssessesesesescesaseccessesseseresesesneesessaaees (28957} SAFEGUARDING: General Restrictions........ {28957} Special Access Programs 20.0... csssccssesssssscecceseeserecsoseccsencssseacateonecaeeseae (28957) Access by Historical Researchers and Former Presidential Appaintecs........... {28958} Reproduction Controls ...........cccsccccsccessecessseesesscsescessssesssscssceesesetasseanssesneseesaeees {28958} IMPLEMENTATION AND REVIEW: . Oversight ........... . (28959} Information Security Oversight Office ............. {28959} Interagency Information Security Committee .. {28960} General Responsidilities 0.0.0.0... ccessscesoscncesceseecsoteceerscensasesenesesnasasesescaeeecesoess (28969) Administrative Sanctions .............c:ccsccseccoseccsseeseosscnccsscesonsnsceescssesecesssasesossesenses {28961} GENERAL PROVISIONS: Definitions 20............cssscsecscssssssncecscsscceneesensesensesssecsoueseneceateacateassucesenseaeaececseesee {28961} Gores 0.0... ccscccscccessscensecescsnesecscsccessssessncesscnceesescscsecccacuceseeseccsccsssecesecsseseneessceee {28961] FEDERAL REGISTER—VOL. 43, NO. 128-—MCNDAY, JULY 3, 1978 28949
28950 THE PRESIDENT SECTION 1. OrIGINAL CLASSIFICATION. I-1L. Classification Designation. 1-101. Except as provided in the Atomic Energy Act of 1954, as amend- ed, 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 unauthor- ized 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 Feperat Recister, by the agency heads listed below, and by officials to whom such authonity is delegat- ed 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 Attomey Genczal 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 Over- sight 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 Feperar Recister, 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 Feperat Recister, 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 I- 204: FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978
THE PRESIDENT The President and Chairman. Export-Import Bank of the United States The President and Chief Executive Officer, Overseas Private Investment Corporation 1-204. Limitanons an Delegation of Classification Authonty. (a) Authority for original classification of information as Top Secret may be delegated only to principal subordinate officials who have a frequent need (o exercise such authority as determined by the President or by agency heads listed in Section 1-201. (b) Authority for origina! 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 authonity. (c) Authority for original classification of information as Confidential may be delegated only to subordinate officials who have a frequent need to exer- cise such authority as determined by the President, by agency heads listed in Sections 1-201, 1-202, and !-203, and by officials with Top Secret classifica- tion authority. . (d) Delegated original classification authority may not be redelegated. (e) Each delegation of original classification authonty shall be in writing by name or utle 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 be- lieved to require classification, the information shall be protected in the manner prescribed by this Order and implementing directives. The informa- uon shall be transmitted prompuy under appropriate safeguards to the agency which has appropriate subject matter interest and classification authonity. 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 concems: (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 reason- ably could be expected to cause at least identifiable damage to the national secunty. FEDERAL REGISTER—VOL 43, NO. 123—MONDAY, JULY 3, 1978 28951
28952 THE PRESIDENT 1-303. Unauthonzed disclosure of foreign government information or the identity of a confidential foreign source is presumed to cause at least idenuli- able damage to the national security. 1-304. Each determination under the criterion of Section 1-301 (yg) shall be reported promptly to the Director of the Information Security Oversight Office. I-t. 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 fisted in Section 1-2 may classify information for more than six years from the date of the original classification. This authority shall be used spar- ingly. 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 ongin; (c) the date or event for declassification or review; and (d) one of the three classification designations defined in Section I-I. 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 expect- ed 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 authenti- cates 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 classifica- tion 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 speci- fied classes of documents or information. 1-505. Foreign government information shall either retain its onginal classification designation or be assigned a United States classification designa- tion 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 FEDERAL REGISTER—VOL 43, MO. 128-—-MONDAY, JULY 3, 1978
THE PRESIDENT this Order shall be marked clearly so as to place the user on notice of the restnctions. 1-6. Prohibifions. 1-601. Classification may not be used to conceal violations of law, ineff- ciency, or administrative error, to prevent embarrassment to a person, organi- zation 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 untl 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 informa- tion 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 docu- ment under the Freedom of Information Act or the Mandatory Review provi- sions 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 declassi- fied 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 practica- ble 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. 2-901. Classification guides used to direct derivative classification shali 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. FEDERAL REGISTER—VOL 43, NO. 128—MONDAY, JULY 3. 1978 28953
28954 THE PRESIDENT y . : : _ 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 classifica- fon authority. Such approval constitutes an original classification decision. 2-3. New Matenal 2-301. New material that derives its classification from information classt- fied on or after the effective date of this Order shall be marked with the declassitication date or event, or the date for review, assigned to the source information. 2-302. New material that derives its classification from information classi- fied under prior Orders shall be treated as follows: (a) If the source material bears a deciassification 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 twenly vears, the new material shall be marked with a date for review for declassification at twenty sears 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 besond thirty years, the new material shall be marked for review for declassification at thirty yeurs from the date of original classification of the source matenal. SECTION 3. DEcLASSIFICATION AND DOWNGRADING. 3-1. Declassification Authority. 3-101. The authority to declassify or downgrade information classified under this or prior Orders shail 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 deter- mines 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 trans- fer 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 Sec- tion 3-201, bur 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 Admin- istration for accession into the Archives of the Lnited States shall be declassi- FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978
THE PRESIDENT fied 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 deciassification shail only be undertaken in accordance with the provisions of Section 3-504. 3-3. Declassification Policy. 3-301. Declassification of classified informatien 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 consid- erations permit. Decisions concerning declassification shal! be based on the loss of the information's sensitivity with the passage of time or on the occur- rence 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 informatinn continues to meet the classification requirements prescribed in ‘ Section 1-3 despite the passage of ume. 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 re- quests 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 informaiion 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 1-20! 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 fer declassification shall-be set at no more than ten year intervals. The Director of the Information Security Oversight Office may extend the period between s-.. sequent reviews for specific catego- ries 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 Over- sight Office, issue and maintain guidelines for systematic review covering twenty-year old classified information under their jurisdiction. These guide- FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978 28955
28956 -" THE PRESIDENT lines 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 shail be declassified automatically at the end of twenty years from the date of original classification. 3-403. Nothwithstanding Sectiors 3-401 and 3-402, the Secretary of Defense may establish special procedures for systematic review and declassifi- cation of classified cryptologic information, and the Director of Central Intelli- gence may establish special procedures for systematic review and declassifica- tion 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 implement- ed 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 infor- mation. 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 provi- sions 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 ap- pointed by the President, or by others acting on behalf of the President, including such information in the possession and control of the Administrator FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978
THE PRESIDENT of Gencral 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 manda- tory review shall be processed in accordance with procedures developed by the Archivist of the United States. These procedures shall provide for consul- tation with agencies having primary subject matter interest. Any decision by the Archivist may be appealed to the Director of the Information Security Over- sight Office. Agencies with primary subject matter interest shali 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 non-existence of the document, unless the fact of its existence or non-exis- tence 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 downgrad- mg 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 nouce 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 classi- fied information is used, processed, stored, reproduced, and transmitted only under conditions that will provide adequate protection and prevent access by unauthonzed persons. 4-104. Classified information no longer needed in current working files or for reference or record purposes shall be processed for appropriate disposi- tion 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. Spectai Access Programs. 4-201. Agency heads listed in Section 1-201 may create special access programs to contro! access, distribution, and protection of particularly sensi- tive information classified pursuant to this Order or prior Orders. Such pro- FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978 28957
28958 THE PRESIDENT grams 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 corkrols 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 automati- cally 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 Secu- rity Oversight Office shall have non-delegable access to all such accounungs. 4-3. Access by Historical Researchers and Former Presidential Apfucintees. 4-301. The requirement in Section 4-i01 that access to classified infor- mation 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 policy-making positions to which they were appointed by the President. 4-302. Waivers under Section 4-301 may be granted only if the agency with jurisdiction over the information: (a) makes a written determination that access is consistent with the inter- ests 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. 4-102. Reproduction of Secret and Confidential documents may be re- stricted 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 shal! be maintained by all agencies that reproduce paper copies of classified documents to show the number and distribution of repro- duced 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 dissemi- nation and reproducticn limitations in accordance with Section 1-506. 4-405. Sections 4-401 and 4-402 shali not restrict the reproduction of documents for the purpose of facilitating review for declassification. However, ” FEDERAL REGISTER—VOL. 43, NO. 128-—MGNDAY, JULY 3, 1978
THE PRESIDENT such reproduced documents that remain classified after review must be dc- stroyed 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 informaton 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 Secunty Oversight Office. 5-2. Information Security Oversight Office. 5-201. The Information Security Oversight Office shall have a full-time Director appainted by the Administrator of General Services subject to ap- proval by the President. The Administrator also shall have authority to ap- point 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 declassifi- cation 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 implementa- tion 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 I Director's decision, whichever occurs first. (g) exercise case-by-case classification authority in accordance with Section 1-205 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 zesponsibilities. 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 shail remain in effect until the appeal is decided or until one year from the date of the denial, whichever occurs first. : FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978 28959
28960 THE PRESIDENT 5-3. Interagency Information Security Committee. 5-301. There is established an [nteragency Information Security Commit- tee which shall be chaired by the Director and shall be comprised of represent- auves of the Secretaries of State, Defense, Treasury, and Energy, the Atorney 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 secunty regulation and a copy of any guideline for systematic declassification review which has been adopted pursu- ant to this Order or implementing directives, shall be submitted to the [nfor- mation 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 FeperRaL REGISTER. 5-403. Agencies with original classification authority shall promulgate guides for security classification that will facilitate the identification and uni- form classification of information requiring proiection 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 pro- gram to ensure effective implementation of this Order; (b) designate a senior agency offic‘al 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 deciassification 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 Mardatory Review and other appropriate :rocedures, those classification decisions they believe to be improper; , (e) promulgate guidelines for systematic review in accordance with Sec- tion 3-402; : (f) establish procedures to prevent unnecessary access to classified infor- mation, including procedures which require that a demonsirable need for access to classified informaiion is established before initiating administrative clearance procedures, and which ensures that the number of people granted access to classified information is reduced to and maintaine? at the minimum number that is consistent with operational requirements anc « eeds; and (g) ensure that practices for safeguarding information are systematically reviewed and that those which are duplicaiive or unecessary are elimir «ted. 5-405. Agencies shall submit to the Information Security Oversight U fice such information or reports as the Director of the Office may ‘ind necessary to carry out the Office's responsibilities. FEDERAL REGISTER—VOL. 43, NO. 128—MONDAY, JULY 3, 1978
nie Dee THE PRESIDENT 5-5. ddministative 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 infor- mation 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, remov- al, 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 re- flected in classified information of possible violations of Federa! 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. Generac Provisions. 6-1. Definitions. 6-101. “Agency” has the meaning defined in 5 U.S.C. 552(e). 6-102. “Classified information" means information oy 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 rela- tions 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, pro- tected, classified, downgraded, and declassified in conformity with the provi- sions 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. FEDERAL REGISTER—YOL 43, NO. 128—MONDAY, JULY 3, 1978 28961