431 Appendix ITI.—Executive Order 11652 of March 10, 1972. FRIDAY, MARCH 10, 1972 WASHINGTON, D.C. Volume 37 8 Number 48 PART Ii THE PRESIDENT EXECUTIVE ORDER 11652 Classification and Declassification of National Security Information and Material
432 14S prsioneT Title 3—The President EXECUTIVE ORDER 11652 Clasifcation and Declasification of National Security Information asd Material The interests of the United States and its citizens are best served by making information regarding the affzirs of Government readily avail able to the public, This concept of an informed citizenry Is reflected in the Freedom of Information Act and in the current public information policies of the executive branch. Within the Federal Government there is some official information and material which, because it bears directly on the effectiveness of our national defense and the conduct of our foreign relations, must be sub- ject to some constraints for the security of our Nation and the safety of our people and our allies. To protect against actions hostile to the United States, of both an overt and covert nature, it is essential that such official information and matcrial be giverronly limited dimemination. This officia] Information or material, referred to as classified infor- mation o¢ material in this order, is exprenly exempted from poblic disclosure by Section 552(6) (1) of Title 5, United States Code. Wrong- {ul disclosure of such information or material is recognized in the Federal Criminal Code as providing a basis for prosecution. To ensure that such information and material s protected, but only to the extent an for such period as is necessary, this order identifies the information to be protected, prescribes classification, downgrading, de- elamification and safeguarding procedures to be followed, and establishes & monitoring system to ensure its effectiveness. NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, it is hereby ordered: Sucrnon 1. Security Classification Categories. Official informatioa or material which requires protection against unauthorized disclosure in the intérest of the national defense or foreign refations of the United States (hereinafter collectively termed “national security”) shall de classified in one of three categories, namely “Top Secret,” “Secret,” or “Confiden- tal,” depending upon the degree of its significance to national security. No other categorics shall be ured to identify official information or material as requiring protection In the mterest of national security, except as otherwise expremly provided by statute. These classification categories are defined a follows: (A) “Top Secret” “Top Secret” refers to that national security information or material which requires the highest degree of protection. The tex for asigning “Top Secret” classification shall be whethez its unauthorized disclomure could ‘reasonably be expected to cause excep- Gonally grave damage to the nationel security. Exemples of “excep- tcaally grave damage” include armed hostilities against the United States or its allies; disruption of forcign relations vitally affecting the PWTRAL MECISTIG, VOL 97, NO. 48-——FRIDAY, MARCH 10,1972
$210 4333 THE PRESIDENT national security; the compronuse of vital national deferse plans or complex cryptologic and communications intelligence systems; the revelation of sensitive inteVigence operations; and the duclowse of scien- Gfic or technological developments viral to national security. This classification shall be used with the utmost retraipt (B) “Secrest.” “Secret™ refers to that national security infurmadon or material which requires a substantial degree of protection. The test for assigning “Secret” clawificaion shall be whether its unauthorized disclosuce could reasonably be expected to cause wrious damage to the mauonal security Fcuuples of “serious damage” include dismiption of foreign relations cignificandly affecting the national security; significant impairment of a program or policy directly related to the naticnal secu- Fity; revelation of significant military plans or intelligence operations; and compromise of significant scientific of technological developments relating to national security. The classification “Secret” shall be sparingly used. (C) “Confidential.” “Confidential” refers to that national security information or material which requires protection. The test for assign- ing “Confidential” classification shal] be whether its unauthorized dis- closure could reax.nably be expected to cause damage to the national security. Sec. 2. Authority to Classify. The authority to originally dasuly in- formation or material under this order shall be restricted wlely to these offices within the executive branch which are concemed with matters of national security, and shall be limited to the minimum number absolutely required for efficient administration. Except as the context may otherwise indicate, the term “Department” as used in this order shall indude agency or other governmental unit. (A) The authority to criginally classify infarmation of material un- der this order as “Top Secret” shall be exercised only by such officials as the President may designate in writing and by: (1) The heads of the Departments listed below; (2) Such of their senior principal deputies and assistants as the heads of such Departments may designate in writing; and (3) Such heads and senior principal deputies and assistants of major dements of such Departments, as the heads of such Departments may designate in writing. . Such offices in the Executive Office of the Presideat as the President may designate in writing Cenual Intelligence Agency Atomic Energy Commission Department of State Department of the Treasury Depastrnent uf Defense Department of the Anny Deparunent of the Navy Department of the Air Force United States Arms Contsol and Disarmament Agency PEDIBAL PECISTER, VOL 37, NO. 48-—-FEIDAY, MARCH 19, 1978
« 434 . THE PRESOONT Department of Justice , National Acronautics and Space Administrazioa Agency for Laternations! Development (B) The sochority to originally clastify information or material under this order as “Secret” shall be exercised only by: (1) Officials who Rave “Top Secret” clamifcation authority; (2) Such subordinates ws officials with “Top Secret” clawification authority under (A) (1) and (2) sbove may designate in writing; and (3) The heads of the following named Departments and such senior principal deputies or assistant: as they may designate in writing. Department of Transportation Export-Import Bank of the United States Department of Commerce United States Informarion Agency ‘ General Services Administration / Department of Health, Education, and Welisre Civil Aeronautics Board + Federal Maridme Commision Federal Power Commission National Science Foundation Overseas Private Investment Corporation (C) The authority to originally classify information of material un- der this order as “Confidentlal” may be exercised by officials who have “Top Secret” oc “Secret” classification authority and suc.. officials as they may designate in writing. (D) Any Department not referred to berein and any Department or unit established hereafter shall nut have authority to originally clasify information or material under this order, unless specifically authorized hereafter by an Executive order. Suc, $. Authority to Downgrade and Declassify. The authority to downgrade and declassify national security infomation or material shall be exercised as follows: (A) Information or material may be downgraded or declasifed by the official authorizing the original clamification, by s successor In capac- ity of by a supervisory official of either. (B) Downgrading and declasification autherity may also be exer- cued by an official specifically authorized under regulations issued by the head of the Department listed in Sections 2(A) or (B) hereof. {C) In the case of classified information or material officially trans ferred by or pursuant to statute or Executive order in conjunction with a transfer of function and not merely for storage purposes, the receiving Department shall be deemed to be the originating Department for ail purposes under this order including downgrading and declasification. PROGRAL BPGISTER, VOL. 37, NO. 48——FRIGAY, MARCH 10, 1972
435 THE PRESIOENT (D) In the case of classified information ce material not officially transferred within (C) above, but originated in a Department which bas since ceased to exist, each Department in posewion shall be deemed to be the originating Department for al) purposes under this order. Such information or materitl may be downgraded and declassified by we Department in possession after consuling with any other Departments having 2n interest in the subject matter. (E) Classified information or material transferred to the General Services Administration for accession into the Archives of the United States shall be downgraded and declassified by the Archivist of the United States in accordance with this order, directives of the President issued through the National Security Council and pentisent regulations of the Departments. (F) Classified information of material with special markings, as described in Section &, shall be downgraded and declassifed as required by law snd governing regulations. Src. 4. Classification. Each person possesing , dlauifying authority shal] be held accountable for the propriety of the classifications ataib- uted to him. Both unnecessary clamification and over-clastification shall be avoided. Classification shall be solely on the basis of national security considerations. In no case shall information be classified in order to conceal inefficiency or administrative error, to prevent embarsrasement to a person or Department, to restrain cornpetition or independent ini- tative, or to prevent for any other reason the release of information which does not require protection in the interest of national security. The following rules shall apply to classification of information under this order: (A) Documents in Ceneral. Each dassified document sha show on its face its dassification and whether it is subject to or exempt from the General Declassification Schedule. {¢ shall also show the office of origin, the date of preparation and classification and, to the extent practicable, be so marked as to indicate which portions are classified, at what level, and which portions are not classified in order to facilitate excerpting and other use. Material containing references to clasified materials, which references donot reveal classified information, shall not be classified. (B) Identification of Classifying Authority. Unless the Department involved shall have provided some other method of idendfying the individual at the highest level that authorized classification in each case, material classified under this order shall indicate on its face the identity of the highest authority authorizing the classification. Where the indi- vidual who signs or otherwise authenticates a document or item has also authorized the classification, no further annotation as to his identity is required. {C) Information or Material Furnished by a Foreign Government or International Organization. Classifed information or material furnished to the United States by a foreign government or international organiza tion shall either retain its original classification or be assigned 2 United States classification. In cither case, the classification shall assure 2 degree of protection equivalent to tbat required by the government or inter- patioffal organization which furnished the information or material PROLEAL REGISIER, VOL. JP, NO. 46-—FRIOAY, MARCH 10, 1972
436 THE PRESIDENT yD) Classifcation Responsibilities. A holder of clamified informa toa or material shall obscrve and respect the clawification amigned by the originator, U a holder believes that there is unsccessary clasi- Scation, that the asigned clasiGcation is improper, or that the docu ‘ment ie subject to declasification under this ordcr, he shall 90 Inform the originator who shall thereupon re-examine the classification. Sec. $. Dectassifcation and Downgrading. Classified information and material, unless declassified easlier by the original classifying authority, shall be declassified ind downgraded in accordance with the following rules: (A) General Declatsification Schedule. (1) “Top Secret.” Yalor- mation or material originally classified “Top Secret” shall become automatically downgraded to “Secret” ac the end of the second full calendar year following the year in which it was originated, down- graded to “Confidential” at the end of the fourth full calendar year following the year in which it was originated, and declassified at the end of the tenth full calendar year following the year in which ic was (2) “Secret.” Information and iaterial originally classified “Secret” shall become automatically downgraded to “Cuxtfidential” at the, end of the second full calendar year following the year in which it was originated, and declassified at the end of the eighth full calendar year following the year in which it was originated. (3) “Confidential.” Inf. -mation and maicrial originally classified “Confidential” shall become automatically dedassified at the end of the sixth full calendar year following the year in which it was originated. "(B) Exemptions from General Declatsijication Schedule. Certain classified Information or material may war.ant some degree of pro- tection for a period excecding that provided in the General Declassi- fication Schedule. An official authorized to originally clawify information or material “Top Secret” may exempt from the Ceneral Declasaification Schedule any level of classified information or material originated by him or under his supervision if i¢ falls within oae of the categories described below. In cach case such official shall specify in writing on the material the exemption category being claimed and, unless impomible, a date oF event for automatic declasifcation. The use of the exemption authority shall be cept to the absolute minimum consistent with national security requirements and shall be restricted to the following categories: _ (5) Classified information or material furnished by foreign govern- ments or international organizations and held by the. United States on the understanding that It be kept in confidence. (2) Classifed information or material specifically covered by statute, or pertaining to cryptography, oc discksing intelligence sources or methods. (3) Clamifed information, or material disclosing a system, plan, installation, project or specific foreign relations matter the continuing protection of which is cwential to the national security. PRORRAL ESOISTER, VOL. 37, WO. 45—P2IDAY, MARCH 10, 1972
e2ié 437 THE PRESIDENT (4) Classified information or material the disclosure of which would place a person in immediate jeopardy. (C) Mandatory Review of Exempted Material. AQ cassifed mfor- mation and material originated after the effective date of this order which is exempted under (B) above from the General DeclassiScation Schedule shall be subject to a classification review by the originating Department at any time after the expiration of ten years from the date of origin provided: (1) A Department or member of the public requests a review; (2) The request describes the record with sufficient particulirity to enable the Department to identify it; and (3) The record can be obtained with-only a reasonable amount of effort. Information or material which no longer qualifies for exemption under (B) above shall be declassified. Iafarmation or material contiduing te qualify under (B) shal be so marked and, unless impmsible, a date for automatic declassification shall be sct. (D) Applicability of the Ceneral Declassificction Schedule to Previ- ously Classified Material. Information or material classified before the effective date of this order and which is assigned to Group ¢ under Exccutive Order No. 10501, as amended by Executive Order No. 10964, shall be subject to the General Declassification Schedule All other infor- mation of material classified before the effective date of this order, whether or not assigned to Groups 1, 2, or 3 of Executive Order No. 10501, as amended, shall be excluded {rom the General Declasifica- tion Schedule. However, at any time after the expiration of ten years from the date of origin it shall be subject to a mandatory clasification review and disposition under the same conditions and criteria that apply to classified information and material created after the effective date of this order as set forth in (B) and (C} above. {E) Declassification of Classified Information or MMcterial After Thirty Years. All classified information or materia which is thirty years old or more, whether originating before or alter the effective date of this order, shall be declassified under the following conditions: (1) All information and material classified after the effective date of this order shall, whetber or not declauification has been requested, become automatically declassified at the end of thirty full calendar years after the date of its original classification except for ‘such specifically identified information or material which the bead of the originating Department personally determines in writing at that time to require continued protection because such continued protection is essential to the national security or disclosure would place a person in immediate jeopardy. In such case, the head of the Department shal] abo specify the period of continued classification. (2) All informazion and material classified before the effective date of this order and more than thirty years old shal! be systematically reviewed for declassification by the Archivist of the United States by the end of the thirtieth full calendar year following the year in which it was CLOERAL REGISTER, VOL. 97, NO. €8—4NOAY, MARCH 10, 1977
438 THE PRESIGENT originated, In his review, the Aschivist will separate and keep protected only such information or matcrial as is specifically identified by the head af the Department in accordance with (E)(1) ebove. In such case, the bead of the Department shall also specify the period of continued classification. (F) Departments Which De Not Have Authority For Original Classification, The provisions of this section relating to the declasifica- tion of national secusity information or material shall apply to Depart- ments which, under the terms of this order, do not have current authority to originally classify information or material, but which ‘formerly had tuch authority under previous Executive orders. Sec. 6. Policy Directives on Access, Marking, Safekesping, Accouat- ability, Transmission, Disposition and Destruction of Classified Informe- tien end MMaterial. The President acting through the National Security Council shall issue directives which shall be binding on all Departments to protect classified information from loss of compromise. Such directives shall conform to the following policics: (A) No person shall be given access to clamified information or material uniess such persion has been determined to be trustworthy and unless sccess to such information ts necemary for the performance of his duties, ; (B) All classified information and material shall’ be sppropriately and conspicuously marked to put all persons on ‘clear notice of its dasified contents, . (C) Classified information and material shall be used, possessed, and stored only under conditions which will prevent accew by unauthorized persons or dissemination to unauthorized persons, (D) AJ clamified information and material disseminated outside the cxecutive branch under Executive Order No, 10865 o¢ otherwise shall be properly protected. (E) Appropriate accountability records for clamified {information shall be established and maintained and such information and material shall be protected adequately during all transmisions. (F) CtasiGed information and material no longer needed in current working files or for reference or recocd purposes chal be destroyed or disposed of in accordance with the records disposal provisions contained in Ghaptey 33 of Title 44 of the United States Code and other applicable statutes, (G) Classified information or material shafl be reviewed oa 4 9% tematic basis for the purpose of accomplishing downgrading, declassifica- ton, transfer, retirement and destruction at the earliest practicable date. Seo. 7. Implementation end Review Responnbilities. (A) The Na- Gonal Security Council shall monitor the implementation of this order. To awit the National Security ‘Counc, an Interagency Clasifica- tion Review Committee shall Ge established, compcsed of representa- tives of the Departments of State, Defense and Justice, the Atomic Energy Commision, the Central Intelligence Agency and the National PROTRAL REGISTER, VOL 37, HO. 48—sEOAY, MARCH 19, 1972
439 _ THE PRESIDENT Security Council: Staff and a Chairman designated by the President. Representatives of other Departments in the executive branch may be fnvited to meet with the Committee on matters of particular interest to those Departments. This Committee aball meet regularly and on s continuing basis shall review and take action to ensure compliance with this order, and in particular: (1) The Committee shall oversee Department actions to ensure com- pliance with the provisions of this order and implementing directives isased by the President through the National Secarity Council. (2) The Committee shall, subject to procedures to be éstablished by it, receive, consider and take action on suggestions and complaints [rom persons within or without the government with respect to the admin- fstration of this order, and in consultation with the affected Department or Departments assure that appropriate action is taken on such. sug- gestions and complaints. (3) Upon request of the Committee Chairman, any Department shall furnish to the Committce any particular informarion of material needed by the Committee in carrying out its functions. (B) To promote the base purposes of this order, the head of each Department criginating or handling classified information or material ball: (1) Prior to the effective date of this order submit to the Interagency Classification Review Committee for approval a copy of the regulations it proposes to adopt pursuant to this order. (2) Designate a senior member of his staff who shall ensure effec- tive compliance with and implementation of this order and shall also chair a Departmental committee which shall have authcrity to act oa all suggestions and complaints with respect to the Department's administration of this order. (3) Undertake an initial program to familiarize the employees of his Department with the provisions of this order. He shall also estab- Esh and maintain active training and orientation programs for em- ployees concerned with classified information or material. Such programs shall include, as a minimum, the briefing of new employees and periodic reorleatation during employment to impress upon each individual bis responsibility for exercising vigilance and care in complying with the Provisions of this order. Additionally, upon termination of employ- ment or contemplated temporary separation for a sixty-day period or morc, employees shall be debriefed and each reminded of the provisions of the Criminal Code and other applicable provisions of law relating to penalties for unauthorized disclosure. (C) The Attorney General, upon request of the head of a Depart- ment, his duly designated representative, or the Chairman of the abcve Sescribed Committee, shall personally or through authorized repro sentatives of the Department of Justice render an interpretation of this order with respect to any question arising in the course of its admin- istration. : FEDERAL RECISTTR, VOL. 37, MO. 48—F2IDAY, MARCH 10, 1972
440 THE PRESOSNT Sac. 8. Material Covered by the Atomic Enargy Act. Nothing in this order shall sspermde any requirements made by or under the Atomic Lacrgy Act of 90, 1954, as amended. “Restricted Data,” sod | UH La Fe ati hile partmat slater people oathere, nap topat Be cabentey Sec. 10, Exceptional Cases. In an exceptional case when’ a person or Department not authorized to clamify information originates information which ls believed to require clamification, such person or shall protect that information In the manner prescribed primary interest in the subject matter with request that & determins- tion be made as to clamification. “ Sec. 11. Declassification Of Presidential Papers. The Archivist of the United States shall have authority to review and declamify Information ‘and material which has been clauified by a President, his White House Staff or apecial committes or comminion appointed by him and which the Archivist has in his custody at any archiva) depository, induding a Freviential Libcary. Such declanification shall only be undertaken la accord with: (i) the terms of the donor's deed of gilt, (fi) consulta tons ‘with the Departments having a psimary subject-matter interest, and (ii) the provisions of Section 5. Seo. 12. Histerical Research and Access by Former Government Officials, The requirement in Section 6(A) that acces to classified information or materia] be granted only as is necemary for the perform- ance of one’s duties shall not apply to persons outside the executive - branch who are engaged in historical reeearch projects or .who have cvcupled policy-making positions to which they were appointed by the President; Provided, however, that in each case the head of the originating Departavent shall: (3) determine that acces Is clearly consistent with the interests of national security; and (i) take appropriate steps to assure thst clanified information o¢ material is not published or otherwise compromised. Access granted a person by reason of his having previously eccupied a position shall be Hmited to those papers which the former official originated, reviewed, signed or received while In public office, Sac. 18. Administrative and Judicial Action. (A) Any offcer or employes of the United States who unnecessarily clasifies or over- PROPRAL DROISTER, VOL 37, MO. 45—/0DAV, MARCH 16, 1972 6217
441 THE PRESIOENT classifies information or material shall be notified that his actions are in violation of the terms of this order or of 2 directive of the Prezident fasued through the Nauonal Sccurity Council. Repeatéd abuse of the elassificadon process shal} be grounds for an administrative reprimund. In any case where the Departmental committe or the Interagency Clasi- cation Review Committee finds that unnecessary classification or over- classification bas occurred, it shall make a report to the nead of the Depastment concemed in order that corrective steps may be taken. (B) The head of cach Department is directed to take prompt and stringent administrative action against any officer or employee of the United States, at any level of employment, determined to have been re- sponsible for any release or disclosure of national security information or material in a manner not authorized by of under this order ov a directive of the President issued through the National Security Council. Where a violation of criminal statutes may be involved, Departments will refer any such case prompuy to the Department of Justice. Sec. 14. Revocation of Executive Order No. 10501. Executive Order Noa, 1050! of November §, 1953, as amended by Executive Orden Na. 10816 of May 8, 1959, No. 10901 of January (1, 1961, No. 10964 of September 20, 1961, No. 10985 of January 15, 1962, No. 11097 of March 6, 1963 and by Section J (a) of No. 11382 of November 28, 1967, is superseded as of the effective date of this order. Suc. 15. Effective date. This order shall become effective on June 3, 3972. Tue Wurre House, March 8, 1972. (PR Doc. 22-3782 Filed 39-72; 11:0! am] FEOCRAL RIGISTER, VOL 37, WO. 46-—FRICKY, MARCH 0, 1972