[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  *he  need  to  protect  certain  national 
security  information  from  disclosure,  it  is  hereby  ordered  as  follows: 
TABLE  OF  CONTENTS 
[FR  pagt\ 
Section  1 .    Oricinal  Classification: 
1-1                   Classification  Designation    (28950] 
1-2                  Classification  Authority  _   „ 
  [2S950J 
1  -3                  Classification  Requirements       _      [2895 1 J 
1-4                  Duration  of  Classification    [289521 
1-5                  Identification  and  Markings  
  [28952] 
1-6                  Prohibitions  
 „   _   „   _...  [28953] 
Section  2.  Derivative  Classification: 
2-1  Use  of  Derivative  Classification   „   „    [28953] 
2-2  Classification  Guides       „   „  [28953] 
2-3  New  Material       „ 
 _  [28954] 
Section  3.    Declassification  and  Downgrading: 
3- 1  Declassification  Authority   _      [28954] 
3-2  Transferred  Information   „   _   „    [28954] 
3-3  Declassification  Policy   '.   „„  [28955] 
3-4  Systematic  Review  for  Declassification    [28955] 
3-5  Mandatory  Review  for  Declassification    [28956] 
3-6  Downgrading    [28957] 
Section  4.  Safeguarding: 
4-1  General  Restrictions   _    [289571 
4-2  Special  Access  Programs    [28957] 
4-3  Access  by  Historical  Researchers  and  Former  Presidential  Appointees    (28958J 
4-4  Reproduction  Controls    [28958] 
Section  5.    Implementation  and  Review: 
5-1  Oversight    [28959] 
5-2  Information  Security  Oversight  Office    [28959] 
5-3  Interagency  Information  Security  Committee   „  [28960] 
5-4  General  Responsibilities   , 
  [28960] 
5-5  Administrative  Sanctions    [28961] 
Section  6.    General  Provisions: 
6-i  Definitions   _ 
 -      [28961 1 
6-2  General      [28961] 
FEDHAi  REGiSTBt— VOL.  43,  NO,  12S— MONDAY,  JULY  3,  1978
28950  THE  PRESIDENT 
SECTION  1.  Original  Classification. 
1-1.  Classification  Designation. 
I- 101.  Except  as  provided  in  (he  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. 
1-20!.  Top  Secret.  Authority  for  original  classification  of  information  as 
Top  Secret  may  be  exercised  only  by  the  President,  by  such  officials  as  the 
President  may  designate  by  publication  in  the  Federal  Register,  by  the 
agency  heads  listed  below,  and  by  officials  to  whom  such  authority  is  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  Attorney  General 
The  Secretary  of  Energy 
The  Chairman,  Nuclear  Regulatory  Commission 
The  Director,  Arms  Control  and  Disarmament  Agency 
The  Dirertor  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  Federal  Register,  by  the  agency  heads  listed  below,  by 
officials  who  have  Top  Secret  classification  authority,  and  by  officials  to  whom 
such  authority  is  delegated  in  accordance  with  Section  1-204: 
The  Secretary  of  Commerce 
The  Secretary  of  Transportation 
The  Administrator,  Agency  for  International  Development 
The  Director,  International  Communication  Agency 
1-203.  Confidential  Authority  for  original  classification  of  information  as 
Confidential  may  be  exercised  only  by  such  officials  as  the  President  may 
designate  by  publication  in  the  Federal  Register,  by  the  agency  heads  listed 
below,  by  officials  who  have  Top  Secret  or  Secret  classification  authority,  and 
by  officials  to  whom  such  authority  is  delegated  in  accordance  with  Section  I- 
204: 
FEDERAL  REGISTER— VOL  43,  NO.  128— MONDAY,  JULY  3,  1970
THE  PRESIDENT  28951 
The  President  and  Chairman.  Kxport-Irnport  Bank  of  the  United  States 
Hie  President  and  Chief  Executive  Officer.  Overseas  Private  Investment 
Corporation 
1-204.  Limitations  on  Prlrgattou  of  CUnufiration  Authority. 
(a)  Authority  for  original  classification  of  information  as  Top  Secret  may 
be  delegated  only  to  principal  subordinate  officials  who  have  a  frequent  need 
to  exercise  such  authority  as  determined  by  the  President  or  by  agency  heads 
listed  in  Section  1-201. 
(b)  Authority  for  original  classification  of  information  as  Secret  may  be 
delegated  only  to  subordinate  officials  who  have  a  frequent  need  to  exercise 
such  authority  as  determined  by  the  President,  by  agency  heads  listed  in 
Sections  1-201  and  1-202.  and  by  officials  with  Top  Secret  classification 
authority. 
(c)  Authority  for  original  classification  of  information  as  Confidential  may 
be  delegated  only  to  subordinate  officials  who  have  a  frequent  need  to  exer- 
cise such  authority  as  determined  by  the  President,  by  agency  heads  listed  in 
Sections  1-201,  1-202,  and  1-203.  and  by  officials  with  Top  Secret  classifica- 
tion authority. 
(d)  Delegated  original  classification  authority  may  not  be  redelegated. 
(e)  Each  delegation  of  original  classification  authority  shall  be  in  writing 
by  name  or  title  of  position  held. 
(0  Delegations  of  originaJ  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- 
tion shall  be  transmitted  promptly  under  appropriate  safeguards  to  the  agency 
which  has  appropriate  subject  matter  interest  and  classification  authority.  That 
agency  shall  decide  within  30  days  whether  to  classify  that  information.  If  it  is 
not  clear  which  agency  should  get  the  information,  it  shall  be  sent  to  the 
Director  of  the  Information  Security  Oversight  Office  established  in  Section  5- 
2  for  a  determination. 
1-3.  Classification  Requirements. 
1-301".  Information  may  not  be  considered  for  classification  unless  it 
concerns: 
(a)  military  plans,  weapons,  or  operations; 
(b)  foreign  government  information; 
(c)  intelligence  activities,  sources  or  methods; 
(d)  foreign  relations  or  foreign  activities  of  the  United  States; 
(e)  scientific,  technological,  or  economic  matters  relating  to  the  national 
security; 
(0  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 
security. 
FEDERAL  tEGISTEt— VOL  43,  NO.  1S8— MONDAY,  JUIY  9,  WTO
28952  THE  PRESIDENT 
1-303.  Unauthorized  disclosure  of  foreign  government  information  or  the 
identity  of  a  confidential  foreign  source  is  presumed  to  cause  at  least  identifi- 
able damage  to  the  national  securitv. 
1-304.  Each  determination  under  the  criterion  of  Section  I -30 Kg)  *h.ill 
be  reported  promptly  to  the  Director  of  the  Information  Security  0\eiMt>ht 
Office. 
1-4.  Duration  of  Classification. 
1-401.  Except  as  permitted  in  Section  1-402,  at  the  time  of  the  original 
classification  each  original  classification  authority  shall  set  a  date  or  event  for 
automatic  declassification  no  more  than  six  years  later. 
1-402.  Only  officials  with  Top  Secret  classification  authority  and  agency 
heads  listed  in  Section  1-2  may  classify  information  for  more  than  six  years 
from  the  date  of  the  original  classification.  This  authority  shall  be  used  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  lime  of  original  classification,  the  following  shall  be  shown 
on  the  face  of  paper  copies  of  all  classified  documents: 
(a)  the  identity  of  the  original  classification  authority; 
(b)  the  office  of  origin; 
(c)  the  date  or  event  for  declassification  or  review;  and 
(d)  one  of  the  three  classification  designations  defined  in  Section   1-1. 
1-502.  Documents  classified  for  more  than  six  years  shall  also  be  marked 
with  the  identity  of  the  official  who  authorized  the  prolonged  classification. 
Such  documents  shall  be  annotated  with  the  reason  the  classification  is  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  original 
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 
F£DEKA1  UdSTEt— VOL  43,  NO.  12*— MONDAY.  JULY  3.  1978
THE  PRESIDENT  28953 
this  Order  shall  be  marked  clearly  so  as  10  place  the  user  on  notice  of  the 
restrictions. 
1-6.  Prohibitions. 
1-601.  Classification  may  not  be  used  to  conceal  violations  of  law.  ineffi- 
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  nongovernment  research  and  development  that  does 
not  incorporate  or  reveal  classified  information  to  which  the  producer  or 
developer  was  given  prior  access  may  not  be  classified  under  this  Order  until 
and  unless  the  government  acquires  a  proprietary  interest  in  the  product.  This 
Order  does  not  affect  the  provisions  of  the  Patent  Secrecy  Act  of  1952  (35 
U.S.C.  181-188). 
1-604.  References  to  classified  documents  that  do  not  disclose  classified 
information  may  not  be  classified  or  used  as  a  basis  for  classification. 
1-605.  Classification  may  not  be  used  to  limit  dissemination  of  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.  t 
2-201.  Classification  guides  used  to  direct  derivative  classification  shall 
specifically  identify  the  information  to  be  classified.  Each  classification  guide 
shall  specifically  indicate  how  the  designations,  lime  limits,  markings,  and 
other  requirements  of  this  Order  are  to  be  applied  to  the  information. 
FfDERAL  REGISTER— VOL  43.  NO.  128— MONDAY.  JULY  3.  1978
28954  THE  PRESIDENT 
--'-02.  Kjch  such  guide  shall  be  approved  personally  and  in  writing  bv  an 
agencv  head  listed  in  Section  1-2  or  bv  an  official  with  Top  Secret  clarifica- 
tion antlioriiy.  Such  appro\al  constitutes  an  original  classification  decision. 
1-3.  .\eu'  Material. 
«-.J0 1.  New  material  (hat  deri\cs  its  classification  from  information  classi- 
fied on  or  after  the  effective  date  of  this  Order  shall  be  marked  with  the 
declassification  date  or  event,  or  the  date  for  review,  assigned  to  the  source 
information. 
2-302.  New  material  that  derives  its  classification  from  information  classi- 
fied under  prior  Orders  shall  be  treated  as  follows: 
(a)  If  the  source  material  bears  a  declassification  date  or  event  twent\ 
years  or  less  from  the  date  of  origin,  that  date  or  event  shall  be  carried 
forward  on  the  new  material. 
(!>)  If  the  source  material  bears  no  declassification  date  or  event  or  is 
marked  (or  declassification  beyond  twenty  years,  the  new  material  shall  be 
marked  with  a  date  for  review  for  declassification  at  twenty  \ears  from  the  date 
of  original  classification  of  the  source  material. 
(<■')  11  the  source  material  is  foreign  government  information  bearing  no 
date  or  event  for  declassification  or  is  marked  for  declassification  be\ond 
thirty  years,  the  new  material  shall  be  marked  for  review  for  declassification  at 
thirty  years  from  the  date  of  original  classification  of  the  source  material. 
SECTION  3.  Declassification  and  Downgrading. 
3-1.  DecltKufication  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,  t>y  a  successor,  or  by  a  supervisory  official  of  cither. 
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,  but  originated  in  an  agency  which  has  ceased  to  exist,  each  agency 
in  possession  shall  be  deemed  to  be  the  originating  agency  for  all  purposes 
under  this  Order.  Such  information  may  be  declassified  or  downgraded  by  the 
agency  in  possession  after  consulting  with  any  other  agency  having  an  interest 
in  the  subject  matter. 
3-203.  Classified  information  transferred  to  the  General  Services  Admin- 
istration for  accession  into  the  Archives  of  the  United  States  shall  be  declassi- 
FEDERAL  REGISTER— VOL  43,  NO.  128— MONO  AY,  JULY  3,  1978
THE  PRESIDENT  28955 
(led  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  While  House  Staff,  committees  or  commissions 
appointed  by  the  President,  or  others  acting  on  the  President's  behalf.  Such 
declassification  shall  only  be  undertaken  in  accordance  with  the  provisions  of 
Section  3-504. 
3-3.  Declassification  Policy. 
3-301.  Declassification  of  classified  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  shall  be  based  on  the 
loss  of  the  information's  sensitivity  with  the  passage  of  lime  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  information  continues  to  meet  the  classification  requirements  prescribed  in 
'  Section  1-3  despite  the  passage  of  lime. 
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  nationaJ  security  that  might  reasonably  be  expected 
from  disclosure. 
3-4.  Systematic  Review  for  Declassification. 
3-401.  Classified  informaaon  constituting  permanently  valuable  records 
of  the  Government,  as  defined  by  44  U.S.C.  2103,  and  information  in  the 
possession  and  control  of  the  Administrator  of  General  Services,  pursuant  to 
44  U.S.C.  2107  or  2107  note,  shall  be  reviewed  for  declassification  as  it 
becomes  twenty  years  old.  Agency  heads  listed  in  Section  1-2  and  officials 
designated  by  the  President  pursuant  to  Section  1-201  of  this  Order  may 
extend  classification  beyond  twenty  years,  but  only  in  accordance  with  Sections 
3-3  and  3-402.  This  authority  may  not  be  delegated.  When  classification  is 
extended  beyond  twenty  years,  a  date  no  more  than  ten  years  later  shall  be  set 
for  declassification  or  for  the  next  review.  That  date  shall  be  marked  on  the 
document.  Subsequent  reviews  for  declassification  shall  be  set  at  no  more 
than  ten  year  intervals.  The  Director  of  the  Information  Security  Oversight 
Office  may  extend  the  period  between  sr-~  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  fystematic  review  covering 
twenty-year  old  classified  information  under  their  jurisdiction.  These  guide- 
FEDERAL  REGISTER—VOL  43,  NO.  12*— MONDAY,  JULY  3,  197t
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  shall  be 
declassified  automatically  at  the  end  of  twenty  years  from  the  date  of  original 
classification. 
3-403.  Nothwithstanding  Sectiovs  3-40!  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  mattersv  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  Stzies  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 
FEOEIAL  REGISTER— VOL  43,  NO.  12t— MONOAY,  JULY  3,  197S
THE  PRESIDENT  28957 
of  General  Services  pursuant  to  44  U.S.C.  2107  or  2107  note,  is  exempted 
from  the  provisions  of  Section  3-5Q1.  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  shall  be  notified 
promptly  of  the  Director's  decision  on  such  appeals  and  may  further  appeal  to 
the  National  Security  Council  through  the  process  set  forth  in  Section  3-104. 
3-504.  Requests  for  declassification  of  classified  documents  originated  by 
an  agency  but  in  the  possession  and  control  oP  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- 
ing 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 
unauthorized  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  2 1  and  33  of  Title  44  of 
the  United  States  Code,  which  governs  disposition  of  Federal  records. 
4-105.  Classified  information  disseminated  outside  the  Executive  branch 
shall  be  given  protection  equivalent  to  that  afforded  within  the  Executive 
branch. 
4-2.  Special  Access  Programs. 
4-20!.  Agency  heads  listed  in  Section  1-201  may  create  special  access 
programs  to  control  access,  distribution,  and  protection  of  particularly  sensi- 
tive information  classified  pursuant  to  this  Order  or  prior  Orders.  Such  pro- 
FEDEftAl  *EGtST«— VOL  43,  MO.  12S— MONOAY.  JULY  3,  1978
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  controls  balance  the  need  to  protect  the  information 
against  the  full  spectrum  of  needs  to  use  the  information. 
4-203.  AH  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  10  all  such  accountings. 
4-3.  Access  by  Historical  Researchers  and  Former  Presidential  Appointees. 
4-301.  The  requirement  in  Section  4-101  that  access  to  classified  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  4-30 1  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. 
4-402.  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  shall  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  reproduction  limitations  in  accordance  with  Section  1-506. 
4-405.  Sections  4-401  and  4-402  shall  not  restrict  the  reproduction  of 
documents  for  the  purpose  of  facilitating  review  for  declassification.  However, 
FEOfftAL  UOISTB— VOt.  43,  NO.  128— MONDAY,  JULY  3,  I97C
THE  PRESIDENT  28959 
such  reproduced  documents  lhat  remain  classified  after  review  must  be  de- 
stroyed after  they  arc  used. 
SECTION  5.  Implementation  and  Review. 
5-1.  Oversight. 
5-101.  The  National  Security  Council  may  review  all  matters  with  respect 
to  the  implementation  of  this  Order  and  shall  provide  overall  policy  direction 
for  the  information  security  program. 
5-102.  The  Administrator  of  General  Services  shall  be  responsible  for 
implementing  and  monitoring  the  program  established  pursuant  to  this  Order. 
This  responsibility  shall  be  delegated  to  an  Information  Security  Oversight 
Office. 
5-2.  Information  Security  Oversight  Of/ice. 
5-201.  The  Information  Security  Oversight  Office  shall  have  a  full-time 
Director  appointed  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  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  responsibilities.  If  such  reports,  inspection,  or  access  to 
specific  categories  of  classified  information  would  pose  an  exceptional  national 
security  risk,  the  affected  agency  head  may  deny  access.  The  Director  may 
appeal  denials  to  the  National  Security  Council.  The  denial  of  access  shall 
remain  in  effect  until  the  appeal  is  decided  or  until  one  year  from  the  date  of 
the  denial,  whichever  occurs  first. 
FfOCtAL  HOKTf*— VOL  43,  HO.  IIS—MONDAY,  JUL?  3,  1978
28960  THE  PRESIDENT 
5-3.  Interagency  Information  Secunty  Committee. 
5-301.  There  is  established  an  Interagency  Information  Security  Commit- 
tee which  shall  be  chaired  by  the  Director  and  shall  be  comprised  of  represent- 
atives of  the  Secretaries  of  State,  Defense,  Treasury,  and  Energy,  the  Attorney 
General,  the  Director  of  Central  Intelligence,  the  National  Security  Council, 
the  Domestic  Policy  Staff,  and  the  Archivist  of  the  United  States. 
5-302.  Representatives  of  other  agencies  may  be  invited  to  meet  with  the 
Committee  on  matters  of  particular  interest  to  those  agencies. 
5-303.  The  Committee  shall  meet  at  the  call  of  the  Chairman  or  at  the 
request  of  a  member  agency  and  shall  advise  the  Chairman  on  implementation 
of  this  order. 
5-4.  General  Responsibilities. 
5-401.  A  copy  of  any  information  security  regulation  and  a  copy  of  any 
guideline  for  systematic  declassification  review  which  has  been  adopted  pursu- 
ant to  this  Order  or  implementing  directives,  shall  be  submitted  to  the  Infor- 
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  Federal  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  protection  under  the  provisions  of 
this  Order. 
5-404.  Agencies  which  originate  or  handle  classified  information  shall: 
(a)  designate  a  senior  agency  official  to  conduct  an  active  oversight  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  declassification 
requests  submitted  pursuant  to  Section  3-5; 
(d)  establish,  a  program  to  familiarize  agency  and  other  personnel  who 
have  access  to  classified  information  with  the  provisions  of  this  Order  and 
implementing  directives.  This  program  shall  impress  upon  agency  personnel 
their  responsibility  to  exercise  vigilance  in  complying  with  this  Order.  The 
program  shall  encourage  agency  personnel  to  challenge,  through  Mandatory 
Review  and  other  appropriate  procedures,  those  classification  decisions  they 
believe  to  be  improper, 
(e)  promulgate  guidelines  for  systematic  review  in  accordance  with  Sec-  _ 
tion  3-402; 
(0  establish  procedures  to  prevent  unnecessary  access  to  classified  infor- 
mation, including  procedures  which  require  that  a  demonstrable  need  for 
access  to  classified  informa?ion  is  established  before  initiating  administrative 
clearance  procedures,  and  which  ensures  that  the  number  of  people  grimed 
access  to  classified  information,  is  reduced  to  and  maintained  at  the  minimum 
number  that  is  consistent  with  operational  requirements  ana  reeds;  and 
(g)  ensure  that  practices  for  safeguarding  information  .ire  systematically 
reviewed  and  that  those  which  are  duplicative  or  unnecessary  are  eiimir ,  ted. 
5-405.  Agencies  shall  submit  to  the  Information  Security  Oversight  Office 
such  information  or  reports  as  the  Director  of  the  Office  may  find  necessary  to 
carry  out  the  Office's  responsibilities. 
FEOttAl  IfGfSTlt— VOL  43,  NO.  129— MONDAY,  JULY  3,  1971
THE  PRESIDENT  28961 
5-5.  .■idrimusliaftve  Sanctions. 
5-501.  If  ihc  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  inforrnation 
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  Federal  criminal  law 
by  an  agency  employee  and  of  possible  violations  by  any  other  person  of  those 
Federal  criminal  laws  specified  in  guidelines  adopted  by  ihe  Attorney  General. 
SECTION  6.  General  Provisions. 
6-1.  Definitions. 
6-101.  "Agency"  has  the  meaning  defined  in  5  U.S.C.  552(e). 
6-102.  "Classified  information"  means  information  or  material,  herein 
collectively  termed  information,  that  is  owned  by,  produced  for  or  by,  or 
under  the  control  of,  the  United  States  Government,  and  that  has  been 
determined  pursuant  to  this  Order  or  prior  Orders  to  require  protection 
against  unauthorized  disclosure,  and  that  is  so  designated.  • 
6-103.  "Foreign  government  information"  means  information  that  has 
been  provided  to  the  United  States  in  confidence  by,  or  produced  by  the 
United  Slates  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— VOL  43,  NO.  128— MONDAY,  JULY  3,  1978