ML20040A837

Comments on Encl marked-up Version of Proposed Executive Order on Natl Security Info,Per 811230 Request.Order Should Reduce Unnecessary Regulatory Burden on Licensees Re Classification,Clearance & Access

ML20040A837
Person / Time
Issue date:	01/20/1982
From:	Schwink W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Brady R NRC OFFICE OF ADMINISTRATION (ADM)
References
NUDOCS 8201220208
Download: ML20040A837 (36)

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1 MEMORA!100M FOR: Raymond J. Brady, Director L3

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Division of Security

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FROM:

Walt Schwink, Program !!anager l

Regior6al Operations and Generic Requirements Staff

SUBJECT:

C0!!iENTS ON PROPOSED ORDER ON "flATI0flAL SECURITY INFOR!!ATION" l

l In a memorandum dated 12/30/81, you asked Vic Stello for comments on the above subject document. Vic asked me to comment on the subject order. As recently discussed with you and your staff, I have the following coments:

1.

In general the proposed order seems reasonable. A copy of the order annotated to reflect specific coments is attached.

2.

The proposed order affords the opportunity to re-evaluate whether or not flRC licensees are subject to the proposed order. This should be accomplished to reduce unnecessary regulatory burden on licensees regarding classification, clearance and access. For example perhaps National Security Decision Memorandun (NSDM) No.

347 which has been viewed as " requiring" that certain material control and accounting information and physical security infoma-tion concerning certain facilities under NRC purview be classified as National Security Information could be appealed and rescended.

Experience in the application of the National Security Decision Memorandum No. 347 has demonstrated that classifying information for certain facilities is not warranted even though those facilities are authorized to possess strategic special nuclear f

material. The classification of certain information has unnecessarily burdened certain licensees and the NRC staff. The infomation can be adequately and effectively controlled and pro-tected under the proprietary information designation (10 CFR 2.790(d)(1) as now stated in the NRC Rules and Regulations. NRC should request that the implementing directive (s) of the Infoma-tion Security Oversight Office include provisions whereby facilities under NRC purview authorized to possess strategic special nuclear material, except as otherwise provided in the tems of a U.S. Government contract, need not classify nor seek classi-fication of physical security or material control and accounting infomation (including inventory difference data), but may instead, apply infomation protection and control provided under 10 CFR 820122020e 820120 0 01 PDR REVGP NRCCRGR

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l 2.790(d)(1). Extraordinary circumstances may warrant national i

security classification in the judgment of the ilRC.

If this were accomplished licensees under itRC purview would, in general, no j

longer be subject to the borden of 10 CFR Parts 25 and 95.

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Walt Schwink, Program Manager i

Regional Operations anu Generic

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4 TABLE OF CONTEN'IS Page PREAMBLE 1

PART1.

ORIGINAL CLASSEICATION 1

1-1.

Classificatien Levels 1

1-2.

Classification Authority 2

1-3.

Classification Categories 6

1-4.

Duration of Classification 8

1-5.

Identificatien.and Markings 9

14.

Limitation on Classification 11 PART 2.

DERIVATIVE CLASSEICATION 12 2-1.

Use of Derivative Classification 12 2-2.

Classification Guides 13 j

PART 3.

DECLASSEICATION AND DOWNGRADING 14 3-1.

Declassification Authority 14 3-2.

Transferred Infcrmatien 15 3-3.

Systematic Review fer Declassification 16 3-4.

Mandatory Review fer Declassification 17 i

PART4.

SAFEGUARDING 20 4-1.

General Restrictions en Access 20 4-2.

Soecial Access Programs 21 4-3.

Access by Historical Researchers and Fcemer Presidential Apoointees 22 PART 5.

IMPLEMENTATION AND REVIEW 23 5-1.

Policy Direction 23 5-2.

Information Security Oversight Office 24 5-3.

General Responsibilities 25 5-4.

Sanction 27 P ART 6.

GENERAL PROVISIONS 29

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6-1.

Definitiens 29 6-2.

General 31 4

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t EXECUTIVE ORDER NATIONAL SECURITY IN70R5tATION The interests of the United States and its citizens require that certain infcemation cencerning our natienal defense and foreign relatices be protected against unauthorized disclosure. It also is i

essential that the public be Infeemed about the activities of its l

i Government. This Order prescribes a unifccm infermatim security system fer classifying, declassifying, and safeguarding national security infecmation. It also estabushes a menitoring s rstem to ensure its effectiveness. Nothing in this Order shah Umit the

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protecticn affceded any infcrmation by other provisiens of law.

PART1 ORIGD$ AL CLASSEICATION I

1-1.

Classificatien Levels.

HS1 1-101. Natienal security infermatien that recuires protection agains; unauthorized diselesure (hereinafter "e_lassified infermatien") she.!1 be classified at ene of the foHowing three levels:

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(a) " Top Secret shah be appuad to infermatien, the 6

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expected to cause grave damage to the national security.

1 (b) " Secret

• shall be applied to informaticn, the unauthcri:ed disclosure of which reascnably could be j

expected-to cause sericus damage to the national security.

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4 (c) "Cen5dential" shall be applied to informatien, the i

unautherized disclosure of which reasonably eculd be i

expected to cause damage to the naticnal security.

j 1-102. F.: cept as otherwise provided by statute, no other ta:=s shall be used to Identify classified informatien.

1-103. If there is reasonable doubt abcut the need to classify iafermaticn er which classificatica level is i

appropriate, the informatica shall be censidered classified

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i and shall be safe;uarded as required fer the higher level of classificatica under the provisions of this Order pendirq a final determinatien by an criginal classificatica authority.

1-2.

Classificatien Authoritv.

1-201. Teo Secret. The authority to classify information originally as Tcp Secret may be exercised only by:

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(a) the President; (b) agency heads and officials designated by the President in the Federal Rezister; and (c) officials delegated this authority under Section 1-204.

i 1-202. Secret. The authority to classify information f

criginally as Secret may be exercised only by:

(a) agency : ends _.and officials desigrgd by the President in the Federal Rezister; (b) officials with criginal Tcp Secret classification authority; and l

(c) officials delegated such authcrity pursuant to Section 1-204.

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1-203. Cenfidential. The authority to cle:sify !nfermation

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criginally as renfidential may be exercised only by:

(a) egency heads and officials designated by the President in the Pederal Register; 3

(b) officials with criginal Top Secret er Secret classificatica authority; and I

(c) officials delegated such authority pursuant to 4

Section 1-204.

t 1-204. Deleration of Orinnal Classificatien Authoritv.

(a) Delegatiens of original classification authority shan 4

be limited to the minimum required to administer this i

Order. Agency heads are responsible for ensuring that i

designated subcedicate officials have a demenstrable and continuing need to exercise this authority.

I (b) Original Top Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Sectica 1-201(b); and the senice official designated under Sectica 5-301(a),

provided that official has been delegated original Top Secret classificatica authcrity by the agency head.

(c) Origina1 Secret classificaticn authcrity may be delegated only by the President; an agency head or official designated pursuant to Secticns 1-201(b) and 1-202(a); an official with criginal Top Secret ll i

.l classification authcrity; and the senice official i

designated under Sectica 5-301(a), provided that official 4.

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has been delegated origina1 Secret classineation authority by the agency head.

(d) Origmal Confidential classincation authority may be delegated only by the President; an agency head or ofScial designated pursuant to Sections 1-201(b),

1-202(a), and 1-203(a); an of5cial with original Top Secret classincation authority; and the senice ofHcial designated under Sectica 5-301(a), provided that ofHeial has been delegated origina1 Secret ce Confidential classi5 cation authority by the agency head.

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, e) Each delegation of criginal classificatien authority I

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I shan be in writing. It shan identify the authority by name ce pcsitica title. Delegated classincation authcrity includes the authcrity to classify infermation at the level granted and lowgr levels of classincation.

I 1-205. Exceotional Cases. When an employee, contractor, i

licensee, er grantee of an agency that does not have origmal classincatien authority criginates information believed by that person to require classL'icatico, the mformation shall be protected in a manner consistent with

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this Order and its Implementing dLectives. The infermatien shan be transmitted promptly as provided under this Order ce its implementing directives to the agency that has appropriate subject matter interest and ym

cla::sificaticn authority with respect to this information.

, c i,a tf.l,7 d-That agency shau. decide within thirty (30)'daysjwh~ ether ~to~~

i classify this in'.rmaticn. If it is not clear which agency has classif!catica.esponsibsty for this information, it shah be sent to the Director of the Infoemation Security Oversignt Oftice. The Directer shan consult with the agency determined to have primary subject matter interest l

In this Information before making a cle.ssification determination.

l 1-3.

Classificatien Categories.

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i 1-301. Infcrmaticn shan be considered ice classification if It concerns:

(a) miHtary plans, weapons, er operaticns; (b) the vulnerabalties or espabGities of systems, Installaticas, projects, ce plans relating to the national i

security; (c) foreign government informatico; 1

(d) intelligence activities (including special activities),

er Intealgence sources ce methods; 6

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(e) fereign relattens ce !creign activities of the United States; (f) scientific, technological, or economic matters relating to the nationaisecurity; (g) United States Govemment programs for i

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safeguarding nuclear materials or facilities; i

i (h) c 7ptolg; (1) a cenfidential source; er (j) other categories of Information that are related to the national security and that require protection against unauthorized d2sclosure as determined by the President ce by agency heads ce other officials who have been delegated criginal e'a"ificatien authority by the President. Any determination made under this subsecticn shall be reported pt-omptly to the Director of the Inicemation Security Oversignt OfSee.

1-302. Infcrmation that, either by itself cc in the centext of other information, is determined to eencem one ce more of the categcries in Section 1-301 shall be t

classified when an criginal classincatica euthority also f

determines that its t= authorized disclosure reasonab'y 7

could be expected to cause damage to the national security.

l-303. Unauthorized discicz,ure of fcreign government informaticn, the identity of a eenfidentfal foreien source, or information relating to Intenigence sources or methods is presumed to cause damage to the national security.

1-304. Infermaticn classified in accordance with Section TMs uvld c.vse dim. it y 1-3 shan not be declassi5ed automaticany as a result of g g m,,,,,

any unofficial publicaticn er inadvertent ce unauthorized f" Y * 'b D "'* N""-

4 disclosure in the United States er abecad of identical or t t d er'9<4'Ve 7.54cc ct.orr,;<,i 4 simnar infecmatien.

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t ite a cl,utfe'</ i Me 1-4.

Duratien of Classificaticn.

1-401. Information snan be classified for as leng as required by naticnal security censideratiers. When-tt-ean-be_ determined, hspecific date er event for dec!assif,tcatica shan be set by the original classi5 cation authcrity at the time the irdcematicn is criginaHy classified.

1-402. Automatic declassincation determinations under

.) revievMcre dedus Milah m, preiccesser orders shan remain valid unless the qg classificatien is ertended by an authorized official of the

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• 0 "' o f k sme inin ml criginating agency. These extensicns may be by individual U-(%. 1h f

3 3 tn documents er categcries of information. The agency shan

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such extensions.

1-403. Information classified under predecessor orders and marked for declassification review shall remain classified i

until reviewed for declassificatien under the previsions of this Order.

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1-5.

Identificatien and Markines.

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.i 1-501. At the time of criginal classincation, the followirg shall be shown en the face of all classified documents, or clearly associated with other forms of cla.siSed 1

information in a manner appropriate to the inedium '

involved:

(a) the idantity of the criginal classificatica authority I

I if other than the person whose name appears as the I

approving er signirg of.ficial(unless this information I

Itself would reveal a confidential source er relationship

..ot otherwise evident in the document er infermatien);

(b) the agency and offee of crigin (unless -his intcematien itself would reveal a confidential source er relationship not otherwise evident in the dccument or l

informatien);

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(c) the date er event fcr declassificationice4he notaticrt"OriginEEEg'Ageia Detirininat!cnS and i

l (d) one of the three classificaticn levels defined in Section 1-1.

1-502. F.ach copy of a classified document that is transmitted outside the cc*ginating agency shall, by

~l3& 4cla GlfoBlulli marking er other means,indicateh5 portiens are ~

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classified, with the applicable classincation level, and which pcetiens are not classified. Agency heads may, fce good cause, grant end revoke waivers of this requirement for specified classes of documents er Intcemation. The

=d Directer of the ISCO,shall be notified of any waivers.

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-1500 1-503. Marking desig aticas implementing the provisions of this Order, including abbreviations, shan cerloem to the l

standards prescribed !n implementing directives issued by the I. lcemation SecuritI Oversignt Office. (.IS oo) 3 7 1-504. Fcreign geve.nment infermatien shan either retain

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2.5 E A Lts ceiginal classifica:ica ce be assigned a United States gpc classificatien that s."all ensure a degree of protecticn at a.A c.6 t Ik N 6 e. w t w dtew;,

least equivalent to that required by the entity that M. Dav.ud l

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furnished the informatien.

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1-6.

Limitatims en Classificatim.

1-601. Classificatica shall be determined so on the basis of nationai security considerations.' In no case shall informatica be classified in ceder to conceal violations of_

law, inefficiency, cr administrative errer; to prevent embarr_assment_toLa ersen, ceganization, or agency; to i

restrain competition; or to pr=

y the release of i

information that does not require protection in the interest of naticnalsecurity.

1-602. The President ce an agency.e/

ad or official designated un - Sections 1 O (b),1-202(a) er 1-203(a) may red"ify infeem.a icn previously declassified and discicsed if it is e ermined in writing that (a) the infermatica.. quires protec cau the interest of national security; and (b) the informatica ma ' reasonably be

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recovered.

1-603. Informatica may be classified after an/

agency has received a requestfee it under the Fre.om of Inicemation Act (5 U.S.C. 552) ce a Privacy Ac of 1974 (5 U.S.C.

552a), ce the Mandatory Revi w/

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provisiens of this Order (Sectico 3-4)if such classifica'tica meets the requirements of this Order and is acc/omplishe\\

d personally and en a docu/

N-document-by/

'N ment basis by the agency head, the deputy agency head, the senice agency official designated

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.o utder Section 5-301(a),/er an official with criginal Top

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Secret classideation a therity.

I PART 2 DE?JVATIVE CLASSEICATION f

2-1.

Use of Derivative Classification.

2-101. Derivative classification is (1) the determination that informatien is in substance the same as information currently classiSed, and (2) the applicatica of the same elmificatial markings. Persens who caly reproduce, extract, ce summarize classined Infermation, or who only apply classificatiat markings derived from source material er as directed by a classification guide, need not possess criginal classificatial authority.

2-102. Persons who apply derivative classideation markings shaII:

(a) observe and respect criginal classification decisiens; I

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(b) car.y fceward to any newly created documents any f

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assigned au' thorized markings. The declassificatica date sL4st er event that provides the Icngest period of

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classification shall be used for documents classified on the basis of multiple sources.

I 2-2.

Classificatien Guides.

2-201. Agencies with original classificaticn authority shall 2repare classificatien guides to facilitate the propee and uniform derivative classif!caticxt of information.

2-202. Each guide shall be approved personally and in writing by an official who:

(a) has pregam ce superviscry respcnsibility over the informatiert er is the senice agency official designated under Section 5-301(a); and (b) is authorized to classify infermatien criginally at the highest level of e%yification prescribed in the guide.

2-203. Agency heads may, fer gec,d cause, grant and i

revoke waivers of the requirement to prepare classification guides for specified classes of dccuments or g

i information. The Directer of the In!cemation Security l

Oversight Office shall be notified of any waivers.

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i PART 3 DECLASSEICATION AND DOWNGRADING 3-1.

Declassification Authorit r.

4 3-10L Information shan be declassified or downgrad d as t

soca as nah"At*M 4 revie.e er pc44 clcssif%l)MT7E ncesyLRe AA & Wef

• cNaisecurWechsideraticas permit.) Agencies

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v shan eccedinate their review of classified information with other agencies that have a direct interest in the subject f

matter. Information that continues to meet the classificaticn requirements prescribed by Section 1-3 despite the passage of time win continue to be protected in accordance with this Order.

3-102. Informatien shan ba declassified or dowrgraded by the official who authoriced the criginal classificatien, if i

that ofScial is stiH se. ring in the same position; the criginator's successce; a supervisory official of either; or ofHefals delegated such authority in writing by the agency head er the senice agency official designated pursuant to Section 5-301(a).

l 3-103. If the Director of the Informaticn Security a Ac cq cffd,c.Is

-pd Oversight Offee determines that infermation is clas,sined in violatico of this Order, the Director may re@ the informatica to be declassiSed by the agency that l l'

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e originated the classincattin. Any such decisicn by the Directorpip, HMf6e appealed to the National Security vt W Council. The Information shall remain classified until the appeal is decided.

3-104. T.e previsions of this secticn shall apply to agencies that, under the terms of this Order, do not have crigirzl classification authority, but that had such authority under predecessor orders.

3-2.

Itsnsferred Informaticn.

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3-201.. In the case of classified information transferred in i

conjunction with a transfer of functicas, and not merely fer storage purposes, the receiving agency shall be deemed t ( (a sker up,

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m u is nd.et need to be the criginating agency fer purposes of this Order.

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g 3-202. In the case of classifed Information that !s not

-I officially tesnsferred as described in Secticn 3-101, but that originated in an agency that has ceased to exist and for which there is no successcr agency, each agency In possession of such inicematica shall be deemed to be the originating agency for purposes of ' mis Order. Such informatica may be declassifed or downgraded by the agency in possession after censultatien with any other i

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i agency that has an interest in the subject matter of the information.

3-203. Clas:ified information transferred to the General i

Se.-vi es Admmistraticn for accessicn into the Archives of the United States shan be declassified er downgraded by the Archivist of the United States in accordance with this Order, the directives of the Informatico Security Oversight OfHee, and the agency guidelines.

3-3.

Svstematic Review fee Declassification 3-301. The Archivist of the United States shaII, consistent with procedures prescribed in the Informatica Security Oversight Offlee's dt ectives implementing this Order, systematically review for declassification (a) classified

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y records accessicned into the Natienal Archives of the United States, and (b) classiSed presidential papers er recceds in the Archivist's possessicn and centrol Such informatica shan be reviewed by the Archivist for declassificaticn in acccedance with systematic review i

l guidelines that shah be provided by agency heads who ceiginated the infccmatien, er in the case of foreign govemment information, by the DLecter of the f

Information Security Oversight Office in censui*atien with i

interested agency heads. The Secretary of Defense;nay 'l*O

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establish special precedures for systematic revievrfor dee!assineation of classided cryptologie inicemation, and the Director of CentralIntelligence lish special procedures for systematic review for declassiccation of classified informaticn pertainmg to InteHigence activities, (including special activities), er Intenigence sources and methods, after censultatim with affected agencies, sidl 3-302. Agency heads ;nsf cenduct internal systematic i

review programs ter chssified infcemation criginated by l

i their agencies contained in permanently valuable records i

that have. not been accesdened into the National Archives of the United States.

3-4.

Mr.ndatcev Review fer Declassificatico.

I 3-40k. F.reept as provided in Sectien 3-402, aH i

infermatica classified under this Order ce predecessor i

ceders shah be subject to a review for declassificatien by j'

s the criginating agency, if:

(a) the request is made by a United States eithen er permanent resident alien, a federal agency, er a State er local government; and

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(b) the request describes the document er material eentaining the infermatica with sufneient speci5 city to 17 u

enable the agency to locate it with a reasonable amount j

of Cfort.

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3-402. InferrrMicn criginated by a President, the White House Staff, by ecmmittees, commissions, or boards

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appointed by the President, or others specificany providing r

i advice and counsel to a President er acting on behalf of a j

President, including such information in the possession and i

centrolof the Administrator of GeneralServices pursuant to secticas 2107, 2107 note, er 2203 of title 44 U.S.C., is i

exempted from the provisions of section 3-40L The Archivist of the United States shan have authcrity to review and declassify such informatien. Review procedures develeped by the Archivist shan provide for censultatica with agenci,es having primary subject matter

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interest and shah be censistent with the provisions of 3

1; applicable laws er lawful agreements that pertain to the respective presidential papers er recceds. Any decision by I

the Archivist may be appealed to the D' rect:r of the i

i Informatien Security Oversight Offlee. Agencies ~with primary suciect matter Interest shan be notified promptly of the Director's decisica en such appeals and may further

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appeal to the Nationa1 Security Counca through the

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process set fcrth in sectica 3-103.

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3-403. Agencies ccaductirg a mandatery review for declassification shan declassify information no long requiring pmtecticn under this Order. They shan release this information unless withholding is otherwise authorized under applicable law.

3-404. Agency heads shan develop pmcedures to process i

i requests for the mendatory review of classified infermation. These peccedures shah apply to intcemation classified under this or predecessor ceders. They shan also provide a means fer administratively appealing a denial of a mandatery review request. The Secretary of Defense shah develop specialpmcedures for the review of cryptologic infcematica, and the Director of Central Intelligence shan develop special peccedures for the review of infcematien pertaining to intelligence activities (including special activities), ce intelligence sources er methods, after censultaticn with affected agencies. The Arenivist shah develop special procedures for the review of Information accessioned into the National Archives of

.___ the United States.

3-405. In response to a request fer infermaticn under the i

Freedom of Information Act, the Privacy Act of 1974, or the Mandatory Review previsions of this Order:

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I (a) An agency shah refuse to confirm ce deny the

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} existence ce non-existence of requested [nicemation whenever the fact of its existence or non-ex:stence is i

itself classifiable under this Order.

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02) When an agency receives any request fcr documents In its custody that were classiHed by another agency, it shan refer copies of the request and the requested documents to the criginatirg agency for processing, and may, after consultation with the criginating agency, j

inferm the requester of the referral In cases in whfeh the criginating agency determines in writing that a i

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respcase under Section 3-405(a) is required, the referring agency shall respond to the requester in I

acccedance with that Section.

f PART 4 i

l 1

SAEEGUARDING

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General Restrictions en Access.

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4-101. A persen is eligible fer access to classified j

infermatien provided that a fermal f

trustworthiness has been made by agency heads er

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designated senice ofScials and provided that such access is i.

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essential to the accomplishment of authorized and lawful w_

pvemment purposes.

4-102. Controls shall be established by each agency to ensure that classified information is used, processed, stored, reproduced, transmitta 4, and destroyed only under conditions that will provide adequate protection and i

prevent access by unauthorized persons.

s 4-103. Classified information shall not be disseminated e 04cecss c

cutside the executive branch except under conditions that LtccNse cv l rs creve,wrr ensure that the informatica will be given protecticri u

equivalent to that affceded within the executive branch.

4-104. F.xcept as provided by directives issued by the President through the Naticna1 Security Ccuncil, classified doc /NR c informatica criginating in one agency may not be disseminated outside any other agency to which it has been made available without the censent of the originating agency.

4-2.

Soecial Access ?metams.

4-201. Agency heads designated pu:suant to Section 1-201 may create special access prog ams to centrol access, distributien, and protection of particularly sensitty informatica classified pursuant to this Order er l.

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I predecessor ceders. Such prog:sms may be created er continued only at the written directica of these agency heads. For special access programs pertaining to intelligence activities (including special activities), or Intelligence sources or methods, this function will be exercised by the Director of Centra 1InteIIIgence. For special access pn: grams pertaining to cryptology, this function will be exercised by the Secretary of Defense.

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4-202. Each agency head shall establish and maintain a system of accounting fer special access programs. The Director of the Information Security Oversight Office shall have acnMelegsble access to allsuch accountings.

4-3.

Access by Historical Researchers and Former Presidential Accofntees.

4-301. De requirement in Sectica 4-101 that access to elessiiled informatien may be granted only as is essential to the accompl!shment of authori::ed and lawful I

Gove:nment purposes may be walved as provided in Sectica 4-302 fee persons who:

(a) are engaged in histerical research projects, or (b) previously have occupied policy-making positions to which they were appointed by the President.

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4-302. Waivers under Secticri 4-301 may be granted only if the originating agency:

- (a) determines ',n writing that access is consistent with s

the interest of natical security;

6) takes appropriate steps to protect classified j

information from unauthorized disclosure or compromise, and ensures that the information is l

safeguarded in a manner censistent with this Order; and (c) !.imits the access granted to fermer presidential appointees to items that the person originated,.

reviewed, signed, ce received while serving as a presidential appointee.

P.GT 5 IMPLEMENTATION AND REVIEW t

5-1.

Poliev Direction.

i 5-101. The Naticna1 Security Council shall provide overall p goectica for the informatien security program.

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5-102. The Administrator of Genera 1 Servi es s.W1 de j

3 responsible for implementing and menitoring.the program j

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established pursuant to this Order. De Administrator shan delegate the implementation and monitorship functionsJf M pmgram.fo_the Directoe of the Information Security Oversibt OfSce.

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5-2.

Informatias Security Oversient Office.

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5-201. The Information Security Oversight Ofnee shan have a fun-time Director appointed by the Administiator of GeneralServices subject to approval by the President.

The Director shan have the authority to appoint a s-Af for the OfSce.

5-202. The Director shan:

(a) develop,in eensultatien with the agencies, and promulgate, subject to the approval of the Naticnal Security Council,' directives for the implementatien of this Order which shan be binding en the agencies; I

(b) oversee agency acticns to ensure compliance witt.

',j this Order and implementing directives; (c) review aH agency implementing regulations and agency guidelines fer systematic declassification review. The Director shan require any regulatien ce guideline to be changed i.f it is not consistent with this

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Order er implementing directives. Any such decisien by the Directer may be appealed to the National Security Counefl. The agency regulation or guideline shall

.F remain in effect until the appealis decided; (d) have the authcrity to conduct en-site. ~ reviews of the informatica :eerity progre of each agency that generates er handles e_lassified infcemation and to rethiire of each agency these reports, information, and other cooperaticrt that may be necessary to fulfill the Direetcfs responsibilities. If these reports, inspections, er access to specific categories of classified information would pose an exceotional natienal' security ik, the affected agency head or the senfer official designated under Sectica 5-301(a) may deny access'. The Director may appeal denials to the National Security Council. The denial of access shall remain in effect until the appealis decided; (e) reyew requests for original classif!catica authori f from agencies or officials not granted original classification authority and, if deemed apprcpriate,

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(f) censider and take action en complaints and 2

suggestiens from persons within er cutside the i

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information secrity program; l

(g) have the authority to prescribe, after consultation with affected agenefes, standard forms which will promote the implementation of the information security program; 1 (h) exercise case-by-case classification authority in accordance with Secticn 1-205; (1) repcet annuaHy to the President through the National Seewity Council en the implementatien of this Order; and (j) have the authority to convene and_ chair interagency p

meetings to discuss matters pen.aining to the informaticn seceity program:

5-3.

General Resconsibnities.

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3-301. Agencies that originate or handle classifled information shall:

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(a) Designate a senice agency official to direct and administer its infcematica security program, which shall include an active overeignt and seceity educatica j !

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program to ensure effective Implementation of this Order; b) promulgate implementingy.11ations. Any j

unclasstned regulations that establish agency informaticn security policy shall be published or incorporated by reference In tu Federal Register to the extent that these regulattens affect members of the public; and d% )g (c) establish procedures to prevent unnecessary access to classiSed information, !ncluding procedures that (a) require that a demonstrable nee,d for access to classiced informatien is established beg initiating administrative clearance precedures, and (b) ensurei that the number of pemens granted access to classiG_ed infermatien is !!mited to the minimum number that is censistea.t with operational and security requirements and needs.

a 5-4.

_Sa_netiens.

i, 5-401. If the Director of the Infermaticn Security Oversight Offee 2nds that a violatien of this Order or its implementing directives may have occurred, the Directer shall make a report to the head of the agency or to the l

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senior offlefal designated under Sectica 5-301(a) so that corrective steps,if appropriate, may be taken.

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5-402. Officers and empicyees of the United States Government shan be subject to appropriate sanctions if they:

(a) knowingly, willfully, ce neg11 gently disclose to unauthorized persens information properly classified under this Order ce predecessor ceders; (b) knowingly and willfuHy classify ce centinue the 1

classification of informatien in violatten of this Order ce any implementing directive; cr I

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(c) knowingly and willfuHy viciate any other provisicn of this Order ce implementing directive.

5-403. Sanctions may include reprimand, suscension without pay, removal, termination of classification authority, ce other sanctica in acccedance with applicable i

law and agency regulation.

5-404. Each egency head ce the senice official designated under Section 5-301(a) shall ensure that appropriate and prompt ecerective action is taken whenever a violation

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o under Secticn 5-402 occum. 'Elther s" ensure,that the N

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s GLTdRAL PROVISIONS i

a 6-L Definitiens.

i 6-101. " Agency" has the meaning provided at 5 U.S.C.

552(e).

6-102. "Infxmatien" means any infermatien or material, regardless of its physical form or characteristics, that is owned by, pecduced by, produced fer, ce is under the furrEar I

i control-of the United States Govemment.

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'I 6-103. " Classified informatien" means infermation that a

has been determined pursuant so this Order or any predecessor ceder to requf.e protection agsfr.st unauthcrized discicsure and that is so designated.

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6-104. "yoreign government infermation" merns:

(a) Information provided by a foreign pvemment or i

governments, an internatimal organization of j

i govemments, or any element thereof with the expectatim, expressed or impIled, that the information, the scurce of the information, or both, are to be held in cenadence; cr (b) any information pecduced by the United States pu:suant to or as a result of a joint arrangement, with a foreign govemment er ceganization of governments, requiring that the information, the arrangement, or both be held in concdence.

6-105. "Nationai security" metns the national defense and/or fereign relatims of the United States.

S-106. "Cen5dential scures" means any Individual or ceganization which har provided, or 'which may reasonably be expected to provide, Information to the United States

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on matters pertaining to the national security with the 2

expectatien, expressed cc implied, that the informatien or i

relationship, ce both, be held in conSdence. It also means -

information that if disclosed, cculd reasonably be expected l

to reveal a concdential scurce, there' y placing the life er i

c safety of an Individual!n jeepardy.

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6-107. " Original Classificaticn" means an initial determination that Information requires,in the Interest of naticnalsecurity, a specific degree of protecticn against J

unauthorized disclosure, together with a classification i

designatico signifying the level of,protectica required.

6-2.

GenersL i

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6-201. Nothing in this Order shall supersede any l

requirement made by or under the Atomic Energy Act of l

1954, as amended. " Restricted Dats" et.d "?cemerly 1

Restricted Data" shall be handled, protected, classified, j

downgraded, and declassified in contcemity with the i

provisiens of the Atomic Energy Act of 1954, as amended, and regulations !ssued under that Act.

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6-202. The Attorney General, upon request by the head of i

i an agency ce the Director of the Informatica Security Oversight Office, shall perscnally or t!ucugh authorized representatives of the Department of Justice render an

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I interpretatien of this Order with respect to any question j

arising in the course of its adminis6ftien.

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E 6-203. ExecItive Order No.12065 of June 28,1978; the

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accompanying presidential Order of June 23, 1978; Infermatien Security Oversight Office Implementing Directive No.1 of October 2,1973; and Sectica 5-209 of i

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Executive Order No.12148 of July 20,1979, are revoked as i

i of the effective date of this Order.

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6-204. This Order shan become effective on Aord i JF1

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