*    \ 
,  14874 
Federal  Register 
Vol.  47.  No.  6ii 
Tuosday.  April  6.  1982 
Presidential  Documents 
Title  3— 
The  President 
Executive  Order  12356  of  April  2,  1982 
National  Security  Information 
TABLE  OF  CONTENTS 
Preamble  
 
Part  1.  Original  Classification 
1 .1  Classified  lion  Levels   „ 
 
1.2  Classification  Authority   ~ 
 
1.3  Classification  Categories   
1.4  Duration  of  Classification   
1.5  Identification  and  Markings   
1.6  Limitations  on  Classification   „     
Part  2.  Derivative  Classification 
2.1  Use  of  Derivative  Classification   „„ 
 
2.2  Classification  Cuidea   
Part  3.  Declassification  and  Downgrading 
3.1  Declassification  Authority   ~.~..       
3.2  Transferred  Information   ..     „       „   _   
3.3  Systematic  Review  for  Declassification-   „ 
 
3.4  Mandatory  Review  for  Declassification   
Part  4.  Safeguarding 
4.1  General  Restrictions  on  Access   _ 
 
4.2  Special  Access  Programs   .  .    ~     .„   
4.3  Access  by  Historical  Researchers  and  Former  Presidential  Appointees . 
Part  5.  Implementation  and  Review 
5.1  Policy.  Direction       „   
5.2  Information  Security  Oversight  Office  ....   . 
   
5.3  General  Responsibilities   .  ~.     ~     
5.4  Sanctions     . 
     
Part  6.  General  Provisions 
6.2       General   -     .. 
     .  .. 
>•••#•••••••• 
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This  Order  prescribes  a  uniform  system  for  classifying,  declassifying,  and 
safeguarding  national  security  information.  It  recognizes  that  it  Is  essential 
that  the  public  be  informed  concerning  the  activities  of  its  Government,  but 
that  the  interests  of  the  United  States  and  its  citizens  require  that  certain 
information  concerning  the  national  defense  and  foreign  relations  be  protected 
against  unauthorized  disclosure.  Information  may  not  be  classified  under  this 
Order  unless  its  disclosure  reasonably  could  be  expected  to  cause  damage  to 
the  national  security. 
NOW,  by  the  authority  vested  in  me  as  President  by  the  Constitution  and  laws 
of  the  United  States  of  America,  it  is  hereby  ordered  as  follows: 
Parti 
Original  Classification 
Section  1.1    Classification  Levels, 
(a)  National  security  information  (hereinafter  "classified  information")  shall 
be  classified  at  one  of  the  following  three  levels:  .-J 
(1)  'Top  Secret"  shall  be  applied  to  information,  the  unauthorized  ditdtf«tt»>4  ffe 
of  which  reasonably  could  be  expected  to  cause  exceptionally  grave  dBaM0fr^|£P 
to  the  national  security.  "^  •'.<■-;  -v-*:? ""^ 
H; 
.A3
Federal  Register  /  Vol.  47,  No.  66  /  Tuesday.  April  6.  1982  /  Presidential  Documents  14875 
(2)  "Secret"  shall  be  applied  to  information,  the  unauthorized  disclosure  of 
which  reasonably  could  be  expected  to  cause  serious  damage  to  the  national 
security. 
(3)  "Confidential"  shall  be  applied  to  information,  the  unauthorized  disclosure 
of  which  reasonably  could  be  expected  to  cause  damage  to  the  national 
security. 
(b)  Except  as  otherwise  provided  by  statute,  no  other  terms  shall  be  used  to 
identify  classified  information. 
(c)  If  there  is  reasonable  doubt  about  the  need  to  classify  information,  it  shall 
be  safeguarded  as  if  it  were  classified  pending  a  determination  by  an  original 
classification  authority,  who  shall  make  this  determination  within  thirty  (30) 
days.  If  there  is  reasonable  doubt  about  the  appropriate  level  of  classification, 
it  shall  be  safeguarded  at  the  higher  level  of  classification  pending  a  determi- 
nation by  an  original  classification  authority,  who  shall  make  this  determina- 
tion within  thirty  (30)  days. 
Sec.  12    Classification  Authority. 
(a)  Top  Secret.  The  authority  to  classify  information  originally  as  Ton  Secret 
may  be  exercised  only  by: 
(1)  the  President; 
.    .  (2)  agency  heads  and  officials  designated  by  the  President  in  the  Federal 
Register;  and 
(3)  officials  delegated  this  authority  pursuant  to  Section  1.2(d). 
(b)  Secret  The  authority  to  classify  information  originally  as  Secret  may  be 
exercised  only,  by: 
(1)  agency  heads  and  officials  designated  by  the  President  in  the  Federal 
Register; 
(2)  officials  with  original  Top  Secret  classification  authority;  and 
(3)  officials  delegated  such  authority  pursuant  to  Section  1.2(d). 
(c)  Confidential.  The  authority  to  classify  information  originally  as  Confiden- 
tial may  be  exercised  only  by: 
(1)  agency  heads  and  officials  designated  by  the  President  in  the  Federal 
Register; 
(2)  officials  with  original  Top  Secret  or  Secret  classification  authority;  and 
(3)  officials  delegated  such  authority  pursuant  to  Section  1.2(d). 
(d)  Delegation  of  Original  Classification  Authority. 
(1)  Delegations  of  original  classification  authority  shall  be  limited  to  the 
minimum  required  to  administer  this  Order.  Agency  heads  are  responsible  for 
ensuring  that  designated  subordinate  officials  have  a  demonstrable  and  con- 
tinuing need  to  exercise  this  authority. 
(2)  Original  Top  Secret  classification  authority  may  be  delegated  only  by  the 
President;  an  agency  head  or  official  designated  pursuant  to  Section  1.2(a)(2); 
and  the  senior  official  designated  under  Section  5.3(a)(1).  provided  that  official 
has  been  delegated  original  Top  Secret  classification  authority  by  the  agency 
head. 
(3)  Original  Secret  classification  authority  may  be  delegated  only  by  the 
President  an  agency  head  or  official  designated  pursuant  to  Sections  1.2(a)(2) 
and  1.2(b)(1);  an  official  with  original  Top  Secret  classification  authority;  and 
the  senior  official  designated  under  Section  5.3(a)(1),  provided  that  official  has 
been  delegated  original  Secret  classification  authority  by  the  agency  head 
(4)  Original  Confidential  classification  authority  may  be  delegated  only  by  the 
President;  an  agency  head  or  official  designated  pursuant  to  Sections  1.2(a)(2), 
1.2(b)(1)  and  1.2(c)(1);  an  official  with  original  Top  Secret  classification  author-
11076  Federal  Register  /  Vol.  47,  No.  66  /  Tuesday.  April  5.  1982  /  Presidential  Documents 
ity;  and  the  senior  official  designated  under  Section  5.3(a)(1),  provided  that 
official  has  been  delegated  original  classification  authority  by  the  agency 
head. 
(5)  Each  delegation  of  original  classification  authority  shall  be  in  writing  and 
the  authority  shall  not  be  redeiegated  except  as  provided  in  this  Order.  It  shall 
identify  the  official  delegated  the  authority  by  name  or  position  title.  Delegat- 
ed classification  authority  includes  the  authority  to  classify  information  et  the 
level  granted  and  lower  levels  of  classification. 
(e)  Exceptional  Cases.  When  an  employee,  contractor,  licensee,  or  grantee  of 
an  agency  that  does  not  have  original  classification  authority  originates 
information  believ  '  by  that  person  to  require  classification,  the  information 
shall  be  protected  in  a  manner  consistent  with  this  Order  and  its  implementing 
directives.  The  information  shall  be  transmitted  promptly  as  provided  under 
this  Order  or  its  implementing  directives  to  the  agency  that  has  appropriate 
subject  matter  interest  and  classification  authority  with  respect  to  this  infor- 
mation. That  agency  shall  decide  within  thirty  (30)  days  whether  to  classify 
this  information.  If  it  is  not  clear  which  agency  has  classification  responsibili- 
ty for  this  information,  it  shall  be  sent  to  the  Director  of  the  Information 
Security  Oversight  Office.  The  Director  shall  determine  the  agency  having 
primary  subject  matter  interest  and  forward  the  information,  with  appropriate 
recommendations,  to  that  agency  for  a  classification  determination. 
Sec.  1.3    Classification  Categories. 
(a)  Information  shall  be  considered  for  classification  if  it  concerns: 
(1)  military  plans,  weapons,  or  operations; 
(2)  the  vulnerabilities  or  capabilities  of  systems,  installations,  projects,  or 
plans  relating  to  the  national  security; 
(3)  foreign  government  information; 
(4)  intelligence  activities  (including  special  activities),  or  intelligence  sources 
or  methods; 
(5)  foreign  relations  or  foreign  activities  of  the  United  States; 
(6)  scientific,   technological,  or  economic  matters  relating  to  the  national 
security, 
(7)  United  States  Government  programs  for  safeguarding  nuclear  materials  or 
facilities; 
(8)  cryptology*. 
(9)  a  confidential  source;  or 
(10)  other  categories  of  information  that  are  related  to  the  national  security 
and  that  require  protection  against  unauthorized  disclosure  as  determined  by 
the  President  or  by  agency  heads  or  other  officials  who  have  been  delegated 
original  classification  authority  by  the  President  Any  determination  made 
under  this  subsection  shall  be  reported  promptly  to  the  Director  of  the 
Information  Security  Oversight  Office. 
(b)  Information  that  is  determined  to  concern  one  or  more  of  the  categories  In 
Section  1.3(a)  shall  be  classified  when  an  original  classification  authority  also 
determines  that  its  unauthorized  disclosure,  either  by  itself  or  in  the  context  of  '■■ft 
other  information,  reasonably  could  be  expected  to  cause  damage  to  the  ;f' 
national  security. 
(c)  Unauthorized  disclosure  of  foreign  government  information,  the  identity  of 
a  confidential  foreign  source,  or  intelligence  sources  or  methods  is  presumed  t 
to  cause  damage  to  the  national  security. 
(d?  Information  classified  in  accordance  with  Section  1.3  shall  not  be  daclstsfc 
fled  automatically  as  a  result  of  any  unofficial  publication  or  inadvertent  at 
unauthorized  disclosure  in  the  United  States  or  abroad  of  identical  or  similar 
information. 
\
Federal  Register  /  Vol.  47,  No.  68  /  Tuesday.  April  6.  1982  /  Presidential  Documents  14877 
Sec  1.4    Duration  of  Classification. 
(a)  Information  shall  be  classified  as  long  as  required  by  national  security 
considerations.  When  it  can  be  determined,  a  specific  date  or  event  for 
declassification  shall  be  set  by  the  original  classification  authority  at  the  time 
the  information  is  originally  classified. 
(b)  Automatic  declassification  determinations  under  predecessor  orders  shall 
remain  valid  unless  the  classification  is  extended  by  an  authorized  official  of 
the  originating  agency.  These  extensions  may  be  by  individual  documents  or 
categories  of  information.  The  agency  shall  be  responsible  for  notifying  hold- 
ers of  the  information  of  such  extensions. 
(c)  Information  classified  under  predecessor  orders  and  marked  for  declassifi- 
cation review  shall  remain  classified  until  reviewed  for  declassification  under 
the  provisions  of  this  Order. 
Sec  1.5    Identification  and  Markings. 
(a)  At  the  time  of  original  classification,  the  following  information  shall  be 
shown  on  the  face  of  all  classified  documents,  or  clearly  associated  with  other 
forms  of  classified  information  in  a  manner  appropriate  to  the  medium 
involved,  unless  this  information  itself  would  reveal  a  confidential  source  or 
relationship  not  otherwise  evident  in  the  document  or  information: 
(1)  one  of  the  three  classification  levels  defined  in  Section  1.1; 
(2)  the  identity  of  the  original  classification  authority  if  other  than  the  person 
whose  name  appears  as  the  approving  or  signing  official; 
(3)  the  agency  and  office  of  origin;  and 
(4)  the  date  or  event  for  declassification,  or  the  notation  "Originating  A^f.-ncy's 
Determination  Required." 
(b)  Each  classified  document  shall,  by  marking  or  other  means,  indicate  which 
portions  are  classified,  with  the  applicable  classification  level,  and  which 
portions  are  not  classified.  Agency  heads  may.  for  good  cause,  grant  and 
revoke  waivers  of  this  requirement  for  specified  classes  of  documents  or 
information.  The  Director  of  the  Information  Security  Oversight  Office  shall  be 
notified  of  any  waivers. 
(c)  Marking  designations  implementing  the  provisions  of  this  Order,  including 
abbreviations,  shall  conform  to  the  standards  prescribed  in  implementing 
directives  issued  by  the  Information  Security  Oversight  Office.    ' 
(d)  Foreign  government  information  shall  either  retain  its  original  classifica- 
tion or  be  assigned  a  United  States  classification  that  shall  ensure  a  degree  of 
protection  at  least  equivalent  to  that  required  by  the  entity  that  furnished  the 
information. 
(e)  Information  assigned  a  level  of  classification  under  predecessor  order? 
shall  be  considered  as  classified  at  that  level  of  classification  despite  the 
omission  of  other  required  markings.  Omitted  markings  may  be  inserted  on  a 
document  by  the  officials  specified  in  Section  3.1(b). 
Sec  1.8    Limitations  on  Classification. 
(a)  In  no  case  shall  information  be  classified  in  order  to  conceal  violations  of 
law,  inefficiency,  or  administrative  error,  to  prevent  embarrassment  to  a 
person,  organization,  or  agency;  to  restrain  competition;  or  to  prevent  or  delay 
the  release  of  information  that  does  not  require  protection  in  the  interest  of 
national  security. 
* 
(b)  Basic  scientific  research  information  not  clearly  related  to  the  national 
security  may  not  be  classified. 
(c)  The  Presfdent  or  an  agency  head  or  official  designated  under  Sections 
1.2(a)(2),  1.2(b)(1).  or  1.2(c)(1)  may  reclassify  information  previously  declassi- 
fied and  disclosed  if  it  is  determined  in  writing  that  (1)  the  information 
requires  protection  in  the  interest  of  national  security;  and  (2)  the  information
14878  Federal  Register  /  Vol.  47,  No.  66  /  Tuesday,  April  6.  1982  /  Presidential  Documents 
may  reasonably  be  recovered.  These  reclassification  actions  shall  be  reported 
promptly  to  the  Director  of  the  Information  Security  Oversight  Office. 
(d)  Information  may  be  classified  or  reclassified  after  an  agency  has  received 
a  request  for  it  under  the  Freedom  of  Information  Act  (5  U.S.C  552)  or  the 
Privacy  Act  of  1974  (5  U.S.C.  552a),  or  the  mandatory  review  provisions  of  this 
Order  (Section  3.4)  if  such  classification  meets  the  requirements  of  this  Order 
and  is  accomplished  personally  and  on  a  document-by-document  basis  by  the 
agency  head,  the  deputy  agency  head,  the  senior  agency  official  designated 
under  Section  5.3(a)(1),  or  an  official  with  original  Top  Secret  classification 
authority. 
Part  2 
Derivative  Classification 
Sec.  2.1    Use  of  Derivative  Classification. 
(a)  Derivative  classification  is  (1)  the  determination  that  information  is  in 
substance  the  same  as  information  currently  classified,  and  (2)  the  application 
of  the  same  classification  markings.  Persons  who  only  reproduce,  extract  or 
summarize  classified  information,  or  who  only  apply  classification  markings 
derived  from  source  material  or  as  directed  by  a  classification  guide,  need  not 
possess  original  classification  authority. 
(bl  Persons  who  apply  derivative  classification  markings  shall: 
(1)  observe  and  respect  original  classification  decisions;  and 
(2)  carry  forward  to  any  newly  created  documents  any  assigned  authorized 
markings.  The  declassification  date  or  event  that  provides  the  longest  period 
of  classification  shall  be  used  for  documents  classified  on  the  basis  of  multiple 
sources. 
Sec  2.2    Classification  Guides. 
(a)  Agencies  with  original  classification  authority  shall  prepare  classification 
guides  to  facilitate  the  proper  and  uniform  derivative  classification  of  informa- 
tion. 
(b)  Each  guide  shall  be  approved  personally  and  in  writing  by  an  official  who: 
(1)  has  program  or  supervisory  responsibility  over  the  information  or  is  the 
senior  agency  official  designated  under  Section  5.3{a)(l  j;  and 
(2)  is  authorized  to  classify  information  originally  at  the  highest  level  of 
classification  prescribed  in  the  guide. 
(c)  Agency  heads  may,  for  good  cause,  grant  and  revoke  waivers  of  the 
requirement  to  prepare  classification  guides  for  specified  classes  of  documents 
or  information.  The  Director  of  the  Information  Security  Oversight  Office  shall 
be  notified  of  any  waivers. 
Part  3 
Declassification  and  Downgrading 
Sec  3.1    Declassification  Authority. 
(a)  Information  shall  be  declassified  or  downgraded  as  soon  as  national 
security  considerations  permit  Agencies  shall  coordinate  their  review  of  - 
clasf £«J  'nformation  with  other  agencies  that  have  a  direct  interest  in  the 
sub  ect  matter.  Information  that  continues  to  meet  the  classification  require- 
meats  prescribed  by  Section  1.3  despite  the  passage  of  time  will  coating*  to  be 
protected  in  accordance  with  this  Order. 
(b)  Information  shall  he  declassified  or  downgraded  by  the  official  who 
authorized  the  original  classification,  if  that  official  is  still  serving  in  the  same 
position;  the  originator's  successor;  a  supervisory  official  of  either;  or  officials 
delegated  such  authority  in  writing  by  the  agency  head  or  the  senior  agency 
official  designated  pursuant  to  Section  5.3(a)(1).
Federal  Register  /  Vol.  47,  No.  66  /  Tuesday.  April  6.  1982  /  Presidential  Documents  14879 
(c)  If  the  Director  of  the  Information  Security  Oversight  Office  determines  th.it 
information  is  classified  in  violation  of  this  Order,  the  Director  may  require 
the  information  to  be  declassified  by  the  agency  that  originated  the  classifica- 
tion. Any  such  decision  by  the  Director  may  be  appealed  to  the  National 
Security  Council.  The  information  shall  remain  classified,  pending  a  prompt 
decision  on  the  appeal. 
(d)  The  provisions  of  this  Section  shall  also  apply  to  agencies  that,  under  the 
terms  of  this  Order,  do  not  have  original  classification  authority,  but  that  had 
such  authority  under  predecessor  orders. 
Sec.  3.2     Transferred  Information. 
(a)  In  the  case  of  classified  information  transferred  in  conjunction  wiih  a 
transfer  of  functions,  and  not*  merely  for  storage  purposes,  the  receiving 
agency  shall  be  deemed  to  be  the  originating  agency  for  purposes  of  this 
Order. 
(b)  In  the  case  of  classified  information  that  is  not  officially  transferred  as 
described  in  Section  3.2(a).  but  that  originated  in  an  agency  that  has  ceased  to 
exist  and  for  which  there  is  no  successor  agency,  each  agency  in  possession  of 
such  information  shall  be  deemed  to  be  the  originating  agency  for  purposes  of 
this  Order.  Such  information  may  be  declassified  or  downgraded  by  the 
agency  in  possession  after  consultation  with  any  other  agency  that  has  an 
interest  in  the  subject  matter  of  the  information. 
(c)  Classified  information  accessioned  into  the  National  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  agency  guidelines. 
Sec  33    Systematic  Review  for  Declassification. 
(a)  The  Archivist  of  the  United  States  shall,  in  accordance  with  procedures 
and  timeframes  prescribed  in  the  Information  Security  Oversight  Offices 
directives  implementing  this  Order,  systematically  review  for  declassification 
or  downgrading  (1)  classified  records  accessioned  into  the  National  Archives 
of  the  United  States,  and  (2)  classified  presidential  papers  or  records  under 
the  Archivist's  control.  Such  information  shall  be  reviewed  by  the  Archivist 
for  declassification  or  downgrading  in  accordance  with  systematic  review 
guidelines  that  shall  be  provided  by  the  head  of  the  agency  that  originated  the 
information,  or  in  the  case  of  foreign  government  information,  by  the  Director 
of  the  Information  Security  Oversight  Office  in  consultation  with  interested 
agency  heads. 
(b)  Agency  heads  may  conduct  internal  systematic  review  programs  for 
classified  information  originated  by  their  agencies  contained  in  records  deter- 
mined by  the  Archivist  to  be  permanently  valuable  but  that  have  not  been 
accessioned  into  the  National  Archives  of  the  United  States. 
(c)  After  consultation  with  affected  agencies,  the  Secretary  of  Defense  may 
establish  special  procedures  for  systematic  review  for  declassification  of 
classified  cryptologic  information,  and  the  Director  of  Central  Intelligence  may 
establish  special  procedures  for  systematic  review  for  declassification  of 
classified  information  pertaining  to  intelligence  activities  (including  special 
activities),  or  intelligence  sources  or  methods. 
Sec  3.4.    Mandatory  Review  for  Declassification. 
(a)  Except  as  provided  in  Section  3.4(b),  all  information  classified  under  this 
Order  or  predecessor  orders  shall  be  subject  to  a  review  for  declassification 
by  the  originating  agency,  if: 
(1)  the  request  is  made  by  a  United  States  citizen  or  permanent  resident  alien. 
•  federal  agency,  or  a  State  or  local  government:  and 
(2)  tit*  request  describes  the  document  or  material  containing  the  information 
wtlb  eufftdent  specificity  to  enable  the  agency  to  locate  it  with  a  reasonable 
anomat  of  effort
148&0  Federal  Register  /  Vol.  47,  No.  66  /  Tuesday.  April  6,  1982  /  Presidential  Document* 
(b)  Information  originated  by  a  President,  the  White  House  Staff,  by  commit- 
tees, commissions,  or  boards  appointed  by  the  President,  or  others  specifically 
providing  advice  and  counsel  to  a  President  or  acting  on  behalf  of  a  President 
is  exempted  from  the  provisions  of  Section  3.4(a).  The  Archivist  of  the  United 
States  shall  have  the  authority  to  review,  downgrade  and  declassify  informa- 
tion under  the  control  of  the  Administrator  of  General  Services  or  the  Archi- 
vist pursuant  to  sections  2107,  2107  note,  or  2203  of  title  44,  United  States 
Code.  Review  procedures  developed  by  the  Archivist  shall  provide  for  consul- 
tation with  agencies  having  primary  subject  matter  interest  and  shall  be 
consistent  with  the  provisions  of  applicable  laws  or  lawful  agreements  that 
pertain  to  the  respective  presidential  paper3  or  records.  Any  decision  by  the 
Archivist  may  be  appealed  to  the  Director  of  the  Information  Security  Over- 
sight 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.  The  information  shall  remain  classified  pending 
a  prompt  decision  on  the  appeal. 
(c)  Agencies  conducting  a  mandatory  review  for  declassification  shall  declas- 
sify information  no  longer  requiring  protection  under  this  Order.  They  shall 
release  this  information  unless  withholding  is  otherwise  authorized  under 
applicable  law. 
(d)  Agency  heads  shall  develop  procedures  to  process  requests  for  the  manda- 
tory review  of  classified  information.  These  procedures  shall  apply  to  informa- 
tion classified  under  this  or  predecessor  orders.  They  shall  also  provide  a 
means  for  administratively  appealing  a  denial  of  a  mandatory  review  request. 
(e)  The  Secretary  of  Defense  shall  develop  special  procedures  for  the  review 
of  cryptologic  .information,  and  the  Director  of  Central  Intelligence  shall 
develop  special  procedures  for  the  review  of  information  pertaining  to  intelli- 
gence activities  (including  special  activities),  or  intelligence  sources  or  meth- 
ods, after  consultation  with  affected  agencies.  The  Archivist  shall  develop 
special  procedures  for  the  review  of  information  accessioned  into  the  National 
Archives  of  the  United  States. 
(f)  In  response  to  a  request  for  information  under  the  Freedom  of  Information 
Act,  the  Privacy  Act  of  1974,  or  the  mandatory  review  provisions  of  this  Order: 
(1)  An  agency  shall  refuse  to  confirm  or  deny  the  existence  or  non-existence  of 
requested  information  whenever  the  fact  of  its  existence  or  non-existence  is 
itself  classifiable  under  this  Order. 
(2)  When  an  agency  receives  any  request  for  documents  in  its  custody  that 
were  classified  by  another  agency,  it  shall  refer  copies  of  the  request  and  the 
requested  documents  to  the  originating  agency  for  processing,  and  may,  after 
consultation  with  the  originating  agency,  inform  the  requester  of  the  referral. 
In  cases  in  which  the  originating  agency  determines  in  writing  that  a  response 
under  Section  3.4(f)(1)  is  required,  the  referring  agency  shall  respond  to  the 
requester  in  accordance  with  that  Section. 
Part  4 
Safeguarding 
Sec.  4.1     General  Restrictions  on  Access. 
» 
(a)  A  person  is  eligible  for  access  to  classified  information  provided  that  a 
determination  of  trustworthiness  has  been  made  by  agency  heads  or  designat- 
ed officials  and  provided  that  such  access  is  essential  to  the  accomplishment 
of  lawful  and  authorized  Government  purposes. 
(b)  Controls  shall  be  established  by  each  agency  to  ensure  that  classified 
information  is  used,  processed,  stored,  reproduced,  transmitted,  and  destroyed 
only  under  conditions  that  will  provide  adequate  protection  and  prevent 
access  by  unauthorized  persons.
Federal  Register  /  Vol.  47,  No.  66  /  Tuesday,  April  6,  1982  /  Presidential  Documents  1458! 
(c)  Classified  information  shall  not  be  disseminated  outside  the  executive 
branch  except  under  conditions  that  ensure  that  the  information  will  bo  <^iven 
protection  equivalent  to  that  afforded  within  the  executive  branch. 
(d)  Except  as  provided  by  directives  issued  by  the  President  through  the 
National  Security  Council,  classified  information  originating  in  one  agency 
may  not  be  disseminated  outside  any  other  agency  to  which  it  has  been  made 
available  without  the  consent  of  the  originating  agency.  For  purposes  of  this 
Section,  the  Department  of  Defense  shall  be  considered  one  agency. 
Sec.  4  2    Special  A  ccess  Programs. 
(a)  Agency  heads  designated  pursuant  to  Section  1.2(a)  may  create  cpecial 
access  programs  to  control  access,  distribution,  and  protection  of  particularly 
sensitive  information  classified  pursuant  to  this  Order  or  predecessor  orders. 
Such  programs  may  be  created  or  continued  only  at  the  written  direction  of 
these  agency  heads.  For  special  access  programs  pertaining  to  intelligence 
activities  (including  special  activities  but  not  including  military  operational, 
strategic  and  tactical  programs),  or  intelligence  sources  or  methods,  this 
function  will  be  exercised  by  the  Director  of  Central  Intelligence. 
(b)  Each  agency  head  shall  establish  and  maintain  a  system  of  accounting  for 
special  access  programs.  The  Director  of  the  Information  Security  Oversight 
Office,  consistent  with  the  provisions  of  Section  5.2(b)(4).  shall  have  non- 
delegable access  to  all  such  accountings. 
Sec.  4.3  Access  by  Historical  Researchers  and  Former  Presidential  Ap- 
pointees. 
(a)  The  requirement  in  Section  4.1(a)  that  access  to  classified  information  may 
be  granted  only  as  is  essential  to  the  accomplishment  of  authorizes  «*>nd  lawful 
Government  purposes  may  be  waived  as  provided  in  Section  4.3(b)  for  persons 
who: 
(1)  are  engaged  in  historical  research  projects,  or 
(2)  previously  have  occupied  policy-making  positions  to  which  they  were 
appointed  by  the  President. 
(b)  Waivers  under  Section  4.3(a)  may  be  granted  only  if  the  originating  agency: 
(1)  determines  in  writing  that  access  is  consistent  with  the  interest  of  national 
security, 
(2)  takes  appropriate  steps  to  protect  classified  information  from  unauthorized 
disclosure  or  compromise,  and  ensures  that  the  information  is  safeguarded  in 
a  manner  consistent  with  this  Order;  and 
(3)  limits  the  access  granted  to  former  presidential  appointees  to  items  that  the 
person  originated,  reviewed,  signed,  or  received  while  serving  as  a  presiden- 
tial appointee. 
Part  5 
Implementation  and  Review 
Sec-  5.1    Policy  Direction. 
(a)  The  National  Security  Council  shall  provide  overall  policy  direction  for  the 
information  security  program. 
(b)  The  Administrator  of  General  Services  shall  be  responsible  for  implement- 
:r.K  and  monitoring  the  program  established  pursuant  to  this  Order.  The 
Administrator  shall  delegate  the  implementation  and  monitorship  functions  of 
ii.it  program  to  the  Director  of  the  Information  Security  Oversight  Office. 
Sec  3.2    Information  Security  Oversight  Office. 
(•}  Tfe«  Information  Security  Oversight  Office  shall  have  a  full-time  Director 
tppotated  by  \ha  Administrator  of  General  Services  subject  to  approval  by  the 
totfcWnt  Th*  Director  shall  have  the  authority  to  appoint  a  staff  for  the 
CtfUe. 
.-<  *■  -. 
.--.  -*■  v"  :
14882  Federal  Register  /  Vol.  47,  No.  66  /  Tuesday.  April  6,  1982  /  Presidential  Documents 
(b)  The  Director  shall: 
(1)  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; 
(2)  oversee  agency  actions  to  ensure  compliance  with  this  Order  and  imple- 
menting directives; 
(3)  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  implement- 
ing directives.  Any  such  decision  by  the  Director  may  be  appealed  to  the 
National  Security  Council.  The  agency  regulation  or  guideline  shall  remain  in 
effect  pending  a  prompt  decision  on  the  appeal; 
(4)  have  the  authority  to  conduct  on-site  reviews  of  the  information  security 
program  of  each  agency  that  generates  or  handles  classified  information  and 
to  require  of  each  agency  those  reports,  information,  and  other  cooperation 
that  may  be  necessary  to  fulfill  the  Director's  responsibilities.  If  these  reports, 
inspections,  or  access  to  specific  categories  of  classified  information  would 
pose  an  exceptional  national  security  risk,  the  affected  agency  head  or  the 
senior  official  designated  under  Section  5.3(a)(1)  may  deny  access.  The  Direc- 
tor may  appeal  denials  to  the  National  Security  Council.  The  denial  of  access 
shall  remain  in  effect  pending  a  prompt  decision  on  the  appeal; 
(5)  review  requests  for  original  classification  authority  from  agencies  or  offi- 
cials not  granted  original  classification  authority  and,  if  deemed  appropriate, 
recommend  presidential  approval; 
(6)  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; 
(7)  have  the  authority  to  prescribe,  after  consultation  with  affected  agencies, 
standard  forms  that  will  promote  the  implementation  of  the  information 
security  program; 
(8)  report  at  least  annually  to  the  President  through  the  National  Security 
Council  on  the  implementation  of  this  Order:  and 
(9)  have  the  authority  to  convene  and  chair  interagency  meetings  to  discuss 
matters  pertaining  to  the  information  security  program. 
Sec.  5.3    General  Responsibilities. 
Agencies  that  originate  or  handle  classified  information  shall: 
(a)  designate  a  senior  agency  official  to  direct  and  administer  its  information 
security  program,  which  shall  include  an  active  oversight  and  security  educa- 
tion program  to  ensure  effective  implementation  of  this  Order, 
(b)  promulgate  implementing  regulations.  Any  unclassified  regulations  that 
establish  agency  information  security  policy  shall  be  published  in  the  Federal 
Register  to  the  extent  that  these  regulations  affect  members  of  the  public; 
(c)  establish  procedures  to  prevent  unnecessary  access  to  classified  informa- 
tion, including  procedures  that  (i)  require  that  a  demonstrable  need  for  access 
to  classified  information  is  established  before  initiating  administrative  clear- 
ance procedures,  and  (ii)  ensure  that  the  number  of  persons  granted  access  to 
classified  information  is  limited  to  the  minimum  consistent  with  operational 
and  security  requirements  and  needs;  and 
(d)  develop  special  contingency  plans  for  the  protection  of  classified  informa- 
tion used  in  or  near  hostile  or  potentially  hostile  areas. 
Sec  5.4    Sanctions. 
(a)  If  the  Director  of  the  Information  Security  Oversight  Office  finds  that  a 
violation  of  this  Order  or  its  implementing  directives  may  have  occurred,  the 
Director  shall  make  a  report  to  the  head  of  the  agency  or  to  the  senior  official
Federal  Register  /  Vol  47,  No.  66  /  Tuesday,  April  6,  1982  /  Presidential  Documents  14883 
designated  under  Section  5.3(a)(1)  so  that  corrective  steps,  if  appropriate,  may 
be  taken. 
(b)  Officers  and  employees  of  the  United  States  Government,  and  its  contrac- 
tors, licensees,  and  grantees  shall  be  subject  to  appropriate  sanctions  if  they: 
(1)  knowingly,  willfully,  or  negligently  disclose  to  unauthorized  persons  infor- 
mation properly  classified  under  this  Order  or  predecessor  orders: 
(2)  knowingly  and  willfully  classify  or  continue  the  classification  of  informa- 
tion in  violation  of  this  Order  or  any  implementing  directive:  or 
(3)  knowingly  and  willfully  violate  any  other  provision  of  this  Order  or 
implementing  directive. 
(c)  Sanctions  may  include  reprimand,  suspension  without  pay,  removal,  termi- 
nation of  classification  authority,  loss  or  denial  of  access  to  classified  infor- 
mation, or  other  sanctions  in  accordance  with  applicable  law  and  agency 
regulation. 
(d)  Each  agency  head  or  the  senior  official  designated  under  Section  5.3(a)(1) 
shall  ensure  that  appropriate  and  prompt  corrective  action  is  taken  whenever 
a  violation  under  Section  5.4(b)  occurs.  Either  shall  ensure  that  the  Director  of 
the  Information  Security  Oversight  Office  is  promptly  notified  whenever  a 
violation  under  Section  5.4(b)  (1)  or  (2)  occurs. 
Parte 
General  Provisions 
Sec  6.1    Definitions. 
(a)  "Agency"  has  the  meaning  provided  at  5  U.S.C.  552(e). 
(b)  "Information"  means  any  information  or  material,  regardless  of  its  physical 
form  or  characteristics,  that  is  owned  by,  produced  by  or  for,  or  is  under  the 
control  of  the  United  States  Government 
(c)  "National  security  information"  means  information  that  has  been  deter- 
mined pursuant  to  this  Order  or  any  predecessor  order  to  require  protection 
against  unauthorized  disclosure  and  that  is  so  designated. 
(d)  "Foreign  government  information"  means: 
(1)  information  provided  by  a  foreign  government  or  governments,  an  interna- 
tional organization  of  governments,  or  any^element  thereof  with  the  expecta- 
tion, expressed  or  implied,  that  the  information,  the  source  of  the  information, 
or  both,  are  to  be  held  in  confidence;  or 
(2)  information  produced  by  the  United  States  pursuant  to  or  as  a  result  of  a 
joint  arrangement  with  a  foreign  government  or  governments  or  an  interna- 
tional organization  of  governments,  or  any  element  thereof,  requiring  that  the 
information,  the  arrangement,  or  both,  are  to  be  held  in  confidence. 
(e)  "National  security"  means  the  national  defense  or  foreign  relations  of  the 
United  States.  • 
(f)  "Confidential  source"  means  any  individual  or  organization  that  has 
provided,  or  that  may  reasonably  be  expected  to  provide,  information  to  the 
United  States  on  matters  pertaining  to  the  national  security  with  the  expecta- 
tion, expressed  or  implied,  that  the  information  or  relationship,  or  both,  be 
held  in  confidence. 
(g)  "Original  classification"  means  an  initial  determination  that  information 
requires,  in  the  interest  of  national  security,  protection  against  unauthorized 
disclosure,  together  with  a  classification  designation  signifying  the  level  of 
protection  required. 
Sec.  6.2    General. 
(a)  Nothing  in  this  Order  shall  supersede  any  requirement  made  by  or  under 
the  Atomic  Energy  Act  of  1954.  as  amended.  "Restricted  Data"  and  "Formerly 
Restricted  Data"  shall  be  handled,  protected,  classified,  downgraded,  and
14834  Federal  Register  /  Vol.  47,  No.  66  /  Tuesday,  April  6.  1982  /  Presidential  Documents 
declassified  in  conformity  with  the  provisions  of  the  Atomic  Energy  Act  of 
1954,  as  amended,  and  regulations  issued  under  that  Act. 
(b)  The  Attorney  General,  upon  request  by  the  head  of  an  agency  or  the 
Director  of  the  Information  Security  Oversight  Office,  shall  render  an  interpre- 
tation of  this  Order  with  respect  to  any  question  arising  in  the  course  of  its 
administration. 
(c)  Nothing  in  this  Order  limits  the  protection  afforded  any  information  by 
other  provisions  of  law. 
(d)  Executive  Order  No.  12065  of  June  28,  1978,  as  amended,  is  revoked  as  of 
the  effective  date  of  this  Order. 
(e)  This  Order  shall  become  effective  on  August  1. 1982. 
|FR  lh>c.  8Z-or:n 
Filed  4-2-82:  2.52  pm| 
DiS.'iiiR  coJe  319S-01-M 
(\  ^  cnA^fixk^  \  CjL^oa^^ 
THE  WHITE  HOUSE. 
April  2,  1982. 
Editorial  Note:  The  Prfiident's  su'ement  of  Apr.  2.  1082.  on  signing  Executive  Order  12356  is 
printed  in  the  lV-:c.'.'y  Co  "i  'r  -:.,r.  cr  President:?!  Doc-jrrwrls  [\o\.  13.  no.  '.1)