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Classification
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Philip W. Buchen Files
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The original documents are located in Box 3, folder "Classification" of the Philip Buchen
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 3 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
Chapter IV-Codified Presidential Documents E. O. 11652
EXECUTIVE ORDER 11652-CLASSIFICATION AND DECLASSIFICATION
OF NATIONAL SECURITY INFORMATION AND MATERIAL [AS
AMENDED]
SOURCE: Executive Order 11652, 37 FR 5209, Mar. 10, 1972, as amended by the
following:
E.O. 11714, 38 FR 10245, Apr. 26, 1973.
The interests of the United States and its citizens are best served by
making information regarding the affairs of Government readily avail-
able to the public. This concept of an informed citizenry is reflected in
the Freedom of Information Act and in the current public information
policies of the executive branch.
Within the Federal Government there is some official information
and material which, because it bears directly on the effectiveness of our
national defense and the conduct of our foreign relations, must be, sub-
ject to some constraints for the security of our Nation and the safety of
our people and our allies. To protect against actions hostile to the United
States, of both an overt and covert nature, it is essential that, such
official information and material be given only limited dissemination
This official information or material, referred to as classified infor-
mation or material in this order, is expressly exempted from public
disclosure by Section 552 (b) (1) of Title 5, United States Code. Wrong-
ful disclosure of such information or material is recognized in the Federal
Criminal Code as providing a basis for prosecution.
To ensure that such information and material is protected, but only
to the extent and for such period as is necessary, this order identifies the
information to be protected, prescribes classification, downgrading, de-
classification and safeguarding procedures to be followed, and establishes
a monitoring system to ensure its effectiveness.
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, it is hereby ordered:
SECTION 1. Security Classification Categories. Official information or
material which requires protection against unauthorized disclosure in the
interest of the national defense or foreign relations of the United States
(hereinafter collectively termed "national security") shall be classified
in one of three categories, namely "Top Secret," "Secret," or "Confiden-
tial," depending upon the degree of its significance to national security.
No other categories shall be used to identify official information or
material as requiring protection in the interest of national security, except
339
FORD i LIBRARY 038870
E. O. 11652
Title 3-The President
as otherwise expressly provided by statute. These classification categories
are defined as follows:
(A) "Top Secret." "Top Secret" refers to that national security
information or material which requires the highest degree of protection.
The test for assigning "Top Secret" classification shall be whether its
unauthorized disclosure could reasonably be expected to cause excep-
tionally grave damage to the national security. Examples of "excep-
tionally grave damage" include armed hostilities against the United
States or its allies; disruption of foreign relations vitally affecting the
national security; the compromise of vital national defense plans or
complex cryptologic and communications intelligence systems; the
revelation of sensitive intelligence operations; and the disclosure of scien-
tific or technological developments vital to national security. This
classification shall be used with the utmost restraint.
(B) "Secret." "Secret" refers to that national security information or
material which requires a substantial degree of protection. The test
for assigning "Secret" classification shall be whether its unauthorized
disclosure could reasonably be expected to cause serious damage to the
national security. Examples of "serious damage" include disruption of
foreign relations significantly affecting the national security; significant
impairment of a program or policy directly related to the national secu-
rity; revelation of significant military plans or intelligence operations;
and compromise of significant scientific or technological developments
relating to national security. The classification "Secret" shall be sparingly
used.
(C) "Confidential." "Confidential" refers to that national security
information or material which requires protection. The test for assign-
ing "Confidential" classification shall be whether its unauthorized dis-
closure could reasonably be expected to cause damage- to the national
security.
SEC. 2. Authority to Classify. The authority to originally classify in-
formation or material under this order shall be restricted solely to those
offices within the executive branch which are concerned with matters
of national security, and shall be limited to the minimum number
absolutely required for efficient administration. Except as the context
may otherwise indicate, the term "Department" as used in this order
shall include agency or other governmental unit.
(A) The authority to originally classify information or material un-
der this order as "Top Secret" shall be exercised only by such officials as
the President may designate in writing and by:
340
FORD 2 LIBRARY CERALD
Chapter IV-Codified Presidential Documents E. O. 11652
(1) The heads of the Departments listed below;
(2) Such of their senior principal deputies and assistants as the heads
of such Departments may designate in writing; and
(3) Such heads and senior principal deputies and assistants of major
elements of such Departments, as the heads of such Departments may
designate in writing.
Such offices in the Executive Office of the President as the
President may designate in writing
Central Intelligence Agency
Atomic Energy Commission
Department of State
Department of the Treasury
Department of Defense
Department of the Army
Department of the Navy
Department of the Air Force
United States Arms Control and Disarmament Agency
Department of Justice
National Aeronautics and Space Administration
Agency for International Development
(B) The authority to originally classify information or material under
this order as "Secret" shall be exercised only by:
(1) Officials who have "Top Secret" classification authority;
(2) Such subordinates as officials with "Top Secret" classification
authority under (A) (1) and (2) above may designate in writing; and
(3) The heads of the following named Departments and such senior
principal deputies or assistants as they may designate in writing.
Department of Transportation
Federal Communications Commission
Export-Import Bank of the United States
Department of Commerce
United States Civil Service Commission
United States Information Agency
General Services Administration
Department of Health, Education, and Welfare
Civil Aeronautics Board
Federal Maritime Commission
Federal Power Commission
National Science Foundation
Overseas Private Investment Corporation
341
FORD a LIBRARY 0ERALD
E. O. 11652
Title 3-The President
(C) The authority to originally classify information or material un-
der this order as "Confidential" may be exercised by officials who have
"Top Secret" or "Secret" classification authority and such officials
as they may designate in writing.
(D) Any Department not referred to herein and any Department or
unit established hereafter shall not have authority to originally classify
information or material under this order, unless specifically authorized
hereafter by an Executive order.
SEC. 3. Authority to Downgrade and Declassify. The authority to
downgrade and declassify national security information or material shall
be exercised as follows:
(A) Information or material may be downgraded or declassified by
the official authorizing the original classification, by a successor in capac-
ity or by a supervisory official of either.
(B) Downgrading and declassification authority may also be exer-
cised by an official specifically authorized under regulations issued by the
head of the Department listed in Sections 2 (A) or (B) hereof.
(C) In the case of classified information or material officially trans-
ferred by or pursuant to statute or Executive order in conjunction with
a transfer of function and not merely for storage purposes, the receiving
Department shall be deemed to be the originating Department for all
purposes under this order including downgrading and declassification.
(D) In the case of classified information or material not officially
transferred within (C) above, but originated in a Department which
has since ceased to exist, each Department in possession shall be deemed
to be the originating Department for all purposes under this order. Such
information or material may be downgraded and declassified by the
Department in possession after consulting with any other Departments
having an interest in the subject matter.
(E) Classified information or material transferred to the General
Services Administration for accession into the Archives of the United
States shall be downgraded and declassified by the Archivist of the
United States in accordance with this order, directives of the President
issued through the National Security Council and pertinent regulations
of the Departments.
(F) Classified information or material with special markings, as
described in Section 8, shall be downgraded and declassified as required
by law and governing regulations.
SEC. 4. Classification. Each person possessing classifying authority
shall be held accountable for the propriety of the Elissifications attrib-
342
GERALD
LIBRARY
Chapter IV-Codified Presidential Documents E. O. 11652
uted to him. Both unnecessary classification and over-classification shall
be avoided. Classification shall be solely on the basis of national security
considerations. In no case shall information be classified in order to
conceal inefficiency or administrative error, to prevent embarrassment
to a person or Department, to restrain competition or independent ini-
tiative, or to prevent for any other reason the release of information
which does not require protection in the interest of national security.
The following rules shall apply to classification of information under
this order:
(A) Documents in General. Each classified document shall show on
its face its classification and whether it is subject to or exempt from the
General Declassification Schedule. It shall also show the office of origin,
the date of preparation and classification and, to the extent practicable,
be so marked as to indicate which portions are classified, at what level,
and which portions are not classified in order to facilitate excerpting and
other use. Material containing references to classified materials, which
references do not reveal classified information, shall not be classified.
(B) Identification of Classifying Authority. Unless the Department
involved shall have provided some other method of identifying the
individual at the highest level that authorized classification in each case,
material classified under this order shall indicate on its face the identity
of the highest authority authorizing the classification. Where the indi-
vidual who signs or otherwise authenticates a document or item has also
authorized the classification, no further annotation as to his identity
is required.
(C) Information or Material Furnished by a Foreign Government or
International Organization. Classified information or material furnished
to the United States by a foreign government or international organiza-
tion shall either retain its original classification or be assigned a United
States classification. In either case, the classification shall assure a degree
of protection equivalent to that required by the government or inter-
national organization which furnished the information or material.
(D) Classification Responsibilities. A holder of classified informa-
tion or material shall observe and respect the classification assigned
by the originator. If a holder believes that there is unnecessary classi-
fication, that the assigned classification is improper, or that the docu-
ment is subject to declassification under this order, he shall so inform
the originator who shall thereupon re-examine the classification.
SEC. 5. Declassification and Downgrading. Classified information and
material, unless declassified earlier by the original classifying authority,
343
FORD : GERALD LIBRARY
E. O. 11652
Title 3-The President
shall be declassified and downgraded in accordance with the following
rules:
(A) General Declassification Schedule. (1) "Top Secret." Infor-
mation or material originally classified "Top Secret" shall become
automatically downgraded to "Secret" at the end of the second full
calendar year following the year in which it was originated, down-
graded to "Confidential" at the end of the fourth full calendar year
following the year in which it was originated, and declassified at the
end of the tenth full calendar year following the year in which it was
originated.
(2) "Secret." Information and material originally classified "Secret"
shall become automatically downgraded to "Confidential" at the end
of the second full calendar year following the year in which it was
originated, and declassified at the end of the eighth full calendar year
following the year in which it was originated.
(3) "Confidential." Information and material originally classified
"Confidential" shall become automatically declassified at the end of the
sixth full calendar year following the year in which it was originated.
(B) Exemptions from General Declassification Schedule. Certain
classified information or material may warrant some degree of pro-
tection for a period exceeding that provided in the General Declassi-
fication Schedule. An official authorized to originally classify
information or material "Top Secret" may exempt from the General
Declassification Schedule any level of classified information or material
originated by him or under his supervision if it falls within one of the
categories described below. In each case such official shall specify in
writing on the material the exemption category being claimed and,
unless impossible, a date or event for automatic declassification. The
use of the exemption authority shall be kept to the absolute minimum
consistent with national security requirements and shall be restricted
to the following categories:
(1) Classified information or material furnished by foreign govern-
ments or international organizations and held by the United States on
the understanding that it be kept in confidence.
(2) Classified information or material specifically covered by statute,
or pertaining to cryptography, or disclosing intelligence sources or
methods.
(3) Classified information or material disclosing a system, plan,
installation, project or specific foreign relations matter the continuing
protection of which is essential to the national security.
344
Chapter IV-Codified Presidential Documents E. O. 11652
(4) Classified information or material the disclosure of which
would place a person in immediate jeopardy.
(C) Mandatory Review of Exempted Material. All classified infor-
mation and material originated after the effective date of this order
which is exempted under (B) above from the General Declassification
Schedule shall be subject to a classification review by the originating
Department at any time after the expiration of ten years from the date
of origin provided:
(1) A Department or member of the public requests a review;
(2) The request describes the record with sufficient particularity to
enable the Department to identify it; and
(3) The record can be obtained with only a reasonable amount of
effort.
Information or material which no longer qualifies for exemption under
(B) above shall be declassified. Information or material continuing to
qualify under (B) shall be so marked and, unless impossible, a date for
automatic declassification shall be set.
(D) Applicability of the General Declassification Schedule to Previ-
ously Classified Material. Information or material classified before the
effective date of this order and which is assigned to Group 4 under
Executive Order No. 10501, as amended by Executive Order No. 10964,
shall be subject to the General Declassification Schedule. All other infor-
mation or material classified before the effective date of this order,
whether or not assigned to Groups 1, 2, or 3 of Executive Order
No. 10501, as amended, shall be excluded from the General Declassifica-
tion Schedule. However, at any time after the expiration of ten years
from the date of origin it shall be subject to a mandatory classification
review and disposition under the same conditions and criteria that apply
to classified information and material created after the effective date of
this order as set forth in (B) and (C) above.
(E) Declassification of Classified Information or Material After
Thirty Years. All classified information or material which is thirty years
old or more, whether originating before or after the effective date of
this order, shall be declassified under the following conditions:
(1) All information and material classified after the effective date of
this order shall, whether or not declassification has been requested,
become automatically declassified at the end of thirty full calendar years
after the date of its original classification except for such specifically
identified information or material which the head of the originating
Department personally determines in writing at that time to require
continued protection because such continued protection is essential to
345
20-028-74-23
E.O. 11652
Title 3-The President
the national security or disclosure would place a person in immediate
jeopardy. In such case, the head of the Department shall also specify
the period of continued classification.
(2) All information and material classified before the effective date
of this order and more than thirty years old shall be systematically
reviewed for declassification by the Archivist of the United States by the
end of the thirtieth full calendar year following the year in which it was
originated. In his review, the Archivist will separate and keep protected
only such information or material as is specifically identified by the
head of the Department in accordance with (E) (1) above. In such
case, the head of the Department shall also specify the period of
continued classification.
(F) Departments Which Do Not Have Authority For Original
Classification. The provisions of this section relating to the declassifica-
tion of national security information or material shall apply to Depart-
ments which, under the terms of this order, do not have current authority
to originally classify information or material, but which formerly had
such authority under previous Executive orders.
SEC. 6. Policy Directives on Access, Marking, Safekeeping, Account-
ability, Transmission, Disposition and Destruction of Classified Informa-
tion and Material. The President acting through the National Security
Council shall issue directives which shall be binding on all Departments
to protect classified information from loss or compromise. Such
directives shall conform to the following policies:
(A) No person shall be given access to classified information or
material unless such person has been determined to be trustworthy and
unless access to such information is necessary for the performance of his
duties.
(B) All classified information and material shall be appropriately
and conspicuously marked to put all persons on clear notice of its
classified contents.
(C) Classified information and material shall be used, possessed, and
stored only under conditions which will prevent access by unauthorized
persons or dissemination tolunauthorized persons.
(D) All classified information and material disseminated outside the
executive branch under Executive Order No. 10865 or otherwise shall
be properly protected.
(E) Appropriate accountability records for classified information
shall be established and maintained and such information and material
shall be protected adequately during all transmissions.
346
GERALD LIBRARY P. FORD
Chapter IV-Codified Presidential Documents E. O. 11652
(F) Classified information and material no longer needed in current
working files or for reference or record purposes shall be destroyed or
disposed of in accordance with the records disposal provisions contained
in Chapter 33 of Title 44 of the United States Code and other applicable
statutes.
(G) Classified information or material shall be reviewed on a sys-
tematic basis for the purpose of accomplishing downgrading, declassifica-
tion, transfer, retirement and destruction at the earliest practicable date.
SEC. 7. Implementation and Review Responsibilities. (A) The Na-
tional Security Council shall monitor the implementation of this order.
To assist the National Security Coundil, an Interagency Classification
Review Committee shall be established, composed of a Chairman desig-
nated by the President, the Archivist of the United States, and repre-
sentatives of the Departments of State, Defense and Justice, the Atomic
Energy Commission, the Central Intelligence Agency and the National
Security Council Staff. Representatives of other Departments in the exec-
utive branch may be invited to ineet with the Committee on matters of
particular interest to those Departments. This Committee shall meet
regularly and on a continuing basis shall review and take action to ensure
compliance with this order, and in particular:
(1) The Committee shall oversee Department actions to ensure com-
pliance with the provisions of this order and implementing directives
issued by the President through the National Security Council.
(2) The Committee shall, subject to procedures to be established by
it, receive, consider and take action on suggestions and complaints from
persons within or without the government with respect to the admin-
istration of this order, and in consultation with the affected Department
or Departments assure that appropriate action is taken on such sug-
gestions and complaints.
(3) Upon request of the Committee Chairman, any Department shall
furnish to the Committee any particular information or material needed
by the Committee in carrying out its functions.
[Sec. 7(A) as amended by E.O. 11714, 38 FR 10245, Apr. 26, 1973]
(B) To promote the basic purposes of this order, the head of each
Department originating or handling classified information or material
shall:
(1) Prior to the effective date of this order submit to the Interagency
Classification Review Committee for approval a copy of the regulations
it proposes to adopt pursuant to this order.
347
E. O. 11652
Title 3-The President
(2) Designate a senior member of his staff who shall ensure effec-
tive compliance with and implementation of this order and shall also
chair a Departmental committee which shall have authority to act
on all suggestions and complaints with respect to the Department's
administration of this order.
(3) Undertake an initial program to familiarize the employees of
his Department with the provisions of this order. He shall also estab-
lish and maintain active training and orientation programs for em-
ployees concerned with classified information or material. Such programs
shall include, as a minimum, the briefing of new employees and periodic
reorientation during employment to impress upon each individual his
responsibility for exercising vigilance and care in complying with the
provisions of this order. Additionally, upon termination of employ-
ment or contemplated temporary separation for a sixty-day period or
more, employees shall be debriefed and each reminded of the provisions
of the Criminal Code and other applicable provisions of law relating
to penalties for unauthorized disclosure.
(C) The Attorney General, upon request of the head of a Depart-
ment, his duly designated representative, or the Chairman of the above
described Committee, shall personally or through authorized repre-
sentatives of the Department of Justice render an interpretation of this
order with respect to any question arising in the course of its admin-
istration.
SEC. 8. Material Covered by the Atomic Energy Act. Nothing in this
order shall supersede any requirements made by or under the Atomic
Energy Act of August 30, 1954, as amended. "Restricted Data," and
material designated as "Formerly Restricted Data," shall be handled,
protected, classified, downgraded and declassified in conformity with
the provisions of the Atomic Energy Act of 1954, as amended, and the
regulations of the Atomic Energy Commission.
SEC. 9. Special Departmental Arrangements. The originating De-
partment or other appropriate authority may impose, in conformity
with the provisions of this order, special requirements with respect to
access, distribution and protection of classified information and material,
including those which presently relate to communications intelligence,
intelligence sources and methods and cryptography.
SEC. 10. Exceptional Cases. In an exceptional case when a person
or Department not authorized to classify information originates
information which is believed to require classification, such person or
Department shall protect that information in the manner prescribed
348
Chapter IV-Codified Presidential Documents E. O. 11652
by this order. Such persons or Department shall transmit the informa-
tion forthwith, under appropriate safeguards, to the Department having
primary interest in the subject matter with a request that a determina-
tion be made as to classification.
SEC. 11. Declassification of Presidential Papers. The Archivist of the
United States shall have authority to review and declassify information
and material which has been classified by a President, his White House
Staff or special committee or commission appointed by him and which
the Archivist has in his custody at any archival depository, including a
Presidential Library. Such declassification shall only be undertaken in
accord with: (i) the terms of the donor's deed of gift, (ii) consulta-
tions with the Departments having a primary subject-matter interest,
and (iii) the provisions of Section 5.
SEC. 12. Historical Research and Access by Former Government
Officials. The requirement in Section 6(A) that access to classified
information or material be granted only as is necessary for the perform-
ance of one's duties shall not apply to persons outside the executive
branch who are engaged in historical research projects or who have
previously occupied policy-making positions to which they were
appointed by the President; Provided, however, that in each case the
head of the originating Department shall:
(i) determine that access is clearly consistent with the interests of
national security; and
(ii) take appropriate steps to assure that classified information or
material is not published or otherwise compromised.
Access granted a person by reason of his having previously occupied a
policy-making position shall be limited to those papers which the
former official originated, reviewed, signed or received while in public
office.
SEC. 13. Administrative and Judicial Action. (A) Any officer or
employee of the United States who unnecessarily classifies or over-
classifies information or material shall be notified that his actions are in
violation of the terms of this order or of a directive of the President
issued through the National Security Council. Repeated abuse of the
classification process shall be grounds for an administrative reprimand.
In any case where the Departmental committee or the Interagency Classi-
fication Review Committee finds that unnecessary classification or over-
classification has occurred, it shall make a report to the head of the
Department concerned in order that corrective steps may be taken.
0349
E. O. 11667
Title 3-The President
(B) The head of each Department is directed to take prompt and
stringent administrative action against any officer or employee of the
United States, at any level of employment, determined to nave been re-
sponsible for any release or disclosure of national security information or
material in a manner not authorized by or under this order or a directive
of the President issued through the National Security Council. Where a
violation of criminal statutes may be involved, Departments will refer
any such case promptly to the Department of Justice.
SEC. 14. Revocation of Executive Order No. 10501. Executive Order
No. 10501 of November 5, 1953, as amended by Executive Orders No.
10816 of May 8, 1959, No. 10901 of January 11, 1961, No. 10964 of
September 20, 1961, No. 10985 of January 15, 1962, No. 11097 of
March 6, 1963 and by Section 1 (a) of No. 11382 of November 28, 1967,
is superseded as of the effective date of this order.
SEC. 15. Effective date. This order shall become effective on June 1,
1972.
EXECUTIVE ORDER 11667-ESTABLISHING THE PRESIDENT'S ADVISORY
COMMITTEE ON THE ENVIRONMENTAL MERIT AWARDS PROGRAM
SOURCE: Executive Order 11667 appears at 37 F.R. 7763, Apr. 20, 1972.
On October 31, 1971, I announced the establishment of the Presi-
dent's Environmental Merit Awards Program. The Administrator of
the Environmental Protection Agency and the Commissioner of Edu-
cation sent letters to high school principals inviting them to participate
in this program by establishing local tripartite committees to supervise
and direct local Environmental Merit Awards Programs, and to make
awards to individual students or groups of students for significant
environmental accomplishments by them. These committees were to
be composed of students, faculty and interested members of the
community.
Today, more than 2,500 high schools, including schools in each
of the 50 States, are actively involved in this program.
In view of this encouraging response, I have concluded that I
should establish a national committee to advise me of ways in which this
program can be further expanded and enhanced and of other ways in
which the environmental accomplishments of individuals and groups
may be appropriately recognized.
350
THE WHITE HOUSE
WASHINGTON
Eva:
Please have
Jay Barry get
me a copyof
E.O. 11862, before
the amendment
which 15 heroin
published on
CERALD LIBRARY
THE WHITE HOUSE
WASHINGTON
Eva:
Please Xoror p.619
4 put with full
order in "Classification"
deskfile. desk file.
her K Classifier R. FORD
LIBRARY 79
PRESIDENTIAL DOCUMENTS: GERALD R. FORD, 1975
619
Federal National Mortgage Association
(a) Section 2(A) is amended by deleting the words
"Atomic Energy Commission" and substituting instead
Announcement of Appointment of Five Members
the words "Energy Research and Development Admin-
istration."
of the Board of Directors. June 11, 1975
(b) Section (B) is amended by adding the words
The President today announced the appointment of
"Nuclear Regulatory Commission" after the words "Over-
five persons as members of the Board of Directors of the
seas Private Investment Corporation."
Federal National Mortgage Association for terms ending
(c) Section 7 (A) is amended by deleting in the second
on the date of the annual meeting of the stockholders in
sentence thereof the words "Atomic Energy Commission"
1976. Public Law 90-448 of August 1, 1968, provided for
and substituting instead the words "Energy Research and
the establishment of this Association and provided for
Development Administration."
the orderly transfer from the Government to private
(d) Section 8 is amended by deleting at the end there-
control, which went into effect in May 1970. The five
of the words "Atomic Energy Commission" and substi-
persons are:
tuting instead the words "Energy Research and Develop-
ment Administration."
JACK FRANKLIN BENNETT, of Greenwich, Conn., Under Secretary
of the Treasury for Monetary Affairs. This is a reappointment.
SEC. 2. This order shall become effective immediately.
LEWIS CENKER, of Atlanta, Ga., partner in the law firm of Smith,
Cohen, Ringel, Kohler, Martin & Lowe. He succeeds Louis R.
GERALD R. FORD
Barba, whose term has expired.
The White House,
ROBERT R. ELLIOT, of Gainesville, Va., General Counsel, Depart-
June 11, 1975.
ment of Housing and Urban Development. This is a reappoint-
ment.
[Filed with the Office of the Federal Register, 3:42 p.m.,
EDWARD E. MENDENHALL, JR., of High Point, N.C., senior partner,
June 11, 1975]
Mendenhall-Moore, Realtors. He succeeds John M. Costello,
whose term has expired.
JULIAN H. ZIMMERMAN, of Fentress, Tex., chairman of the board
and president, Equity Investors, Inc. This is a reappointment.
The Board of Directors consists of 15 members. Five
members, which are appointed by the President annually,
International Wheat Agreement
include one from the homebuilding industry, one from
the mortgage lending industry, and one from the real
The President's Message to the Senate Transmitting for
Advice and Consent to Ratification Protocols
estate industry. Ten persons are elected annually by the
Extending the Agreement. June 11, 1975
common stockholders. The President and Vice President
of the Association are selected and appointed by the
To the Senate of the United States:
Board of Directors. The 15 members serve a term of one
With a view to receiving the advice and consent of the
year, and any of the members may be removed from office
Senate to ratification, I transmit herewith the Protocols
by the President for good cause.
for the Further Extension of the Wheat Trade Conven-
tion and of the Food Aid Convention, which together
constitute the International Wheat Agreement, 1971.
These Protocols were formulated by a Conference of Gov-
Classification and Declassification of
ernments which met in London on February 14, 1975, and
were open for signature in Washington from March 25
National Security Information
through April 14.
and Material
I transmit also, for the information of the Senate, the
report of the Department of State with respect to the
Protocols.
Executive Order 11862. June 11, 1975
The Protocol for the Further Extension of the Wheat
Trade Convention, 1971, extends the Convention until
AMENDING EXECUTIVE ORDER No. 11652 RELATING TO
June 30, 1976, and maintains the framework for inter-
CLASSIFICATION AND DECLASSIFICATION OF NATIONAL
national cooperation in wheat trade matters. It also con-
SECURITY INFORMATION AND MATERIAL
tinues the existence of the International Wheat Council.
The Protocol for the Further Extension of the Food
By virtue of the authority vested in me by the Consti-
tution and statutes of the United States and in implemen-
Aid Convention, 1971, also extends until June 30, 1976,
commitments of parties to provide minimum annual
tation of the Energy Reorganization Act of 1974, Public
Law 93-438 (88 Stat. 1233), it is hereby ordered:
quantities of food aid to developing It is the
SECTION 1. Executive Order No. 11652 of March 8,
intention of the United States not toodeposit ratification
1972, as amended, is further amended as follows:
of this Protocol unless the European Economic Commun-
ity becomes a party to the Protocol.,The United States
Volume 11-Number 24
INTERAGENCY CLASSIFICATION REVIEW COMMITTEE
WASHINGTON, D.C. 20408
July 2, 1975
MEMORANDUM FOR:
JERRY H. JONES
SPECIAL ASSISTANT TO THE PRESIDENT
THE WHITE HOUSE
SUBJECT:
ICRC TRAINING PAMPHLET FOR
AUTHORIZED CLASSIFIERS
As part of its continuing emphasis on effective orientation and
training programs in the security classification field, the Interagency
Classification Review Committee has published the enclosed pamphlet
entitled "Know Your Responsibilities as an Authorized Classifier."
A Copy should be given to each employee who has classification authority.
Please let us know how many copies your agency will need and to whom
they should be sent. There is no charge.
Active and comprehensive orientation and training programs can be one
very effective way to prevent abuse of the classification system.
Reports to the ICRC reflect that the overwhelming majority of abuses
being committed are in the area of improper classification marking,
primarily the failure to mark a document with the required stamps or
to its assigned classification and as to its assigned declassification
schedule or exemption therefrom. To a lesser extent, the other areas
of reported abuse are (1) over- or under-classification and (2) the
unauthorized use of classification authority. We hope the pamphlet will
be a helpful adjunct to your program by helping to eliminate abuse
through more active orientation and training.
WILLIAM L. BROWN
Executive Director
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CLASSIFIER
AUTHORIZED
AS AN
YOUR
KNOW
When Classifying a Document
Unless specifically exempted, pursuant to one of the four
and classification. To the extent practicable, the body of the
exemption categories set forth in Section 5(B) of Executive
document should be marked to indicate which portions are clas-
Order 11652, by an official authorized to originally classify
sified and at what level and which portions are not classified
information or material TOP SECRET, classified information
in order to facilitate excerpting and other use. Material con-
and material must be subject to the General Declassification
taining references to classified materials, which references do
Schedule (GDS). Alternatively, it may be designated for auto-
not reveal classified information, shall not be classified. Each
matic declassification on a given event or on a date earlier than
classified document must also identify in some manner, in
provided for in the GDS. This is called the Advance Declassi-
accordance with approved procedures, the individual at the
fication Schedule (ADS). The use of the exemption authority
highest level that authorized the classification. Where the in-
shall be kept to the absolute minimum consistent with national
dividual who signs or otherwise authenticates a document has
security requirements.
also authorized the classification, no further annotation as to
his identity is required. Every authorized classifier should be-
Proper marking of a classified document is important! Each
come thoroughly familiar with the proper marking require-
classified document shall show on its face its classification and
ments.
whether it is subject to the ADS or GDS or exempt from the
GDS. Only authorized stamps, properly completed, may be
If the classifier has any substantial doubt as to which of the
used. If a document is stamped "Restricted Data" or "Formerly
classified categories is appropriate, or as to whether the in-
Restricted Data," such markings are, in themselves, evidence
formation or material should be classified at all, the least re-
of exemption from the GDS. The face of the document shall
strictive treatment should be used.
also show the office of origin and the date of preparation
Special Responsibility To Protect
An authorized classifier or other holder of national security
classification under Executive Order 11652, the holder shall
information or material shall observe and respect the classi-
SO inform the originator, who shall thereupon reexamine the
fication assigned by the originator, giving it the strict protec-
classification. Under no circumstances may a holder make an
tion required by its level of classification. If a holder believes
unauthorized release of national security information. There
that there is unnecessary classification, that the assigned clas-
are provisions in the U.S. Criminal Code and other applicable
sification is improper, or that the document is subject to de-
statutes relating to penalties for such unauthorized disclosures.
Implementation and Review Responsibilities
The Interagency Classification Review Committee (ICRC)
Within each department or agency, there is a departmental
was established at the direction of the President to assist the
review committee that has responsibilities to act on all sug-
National Security Council in monitoring the implementation
gestions or complaints with respect to the individual depart-
of Executive Order 11652. The ICRC has extensive oversight
ment's administration of the order. Such suggestions or com-
responsibilities, which are outlined in the order and in the
plaints may include those regarding over-classification, failure
implementing National Security directive of May 17, 1972.
to declassify, or delay in declassifying not otherwise resolved.
Interagency Classification Review Committee
LIBRARY FORD BERNLD
Washington, D.C. 20408
GSA DC 75.11231
A new system for classifying Government documents relating to national security matters
was established on March 8, 1972, by Executive Order 11652 and further implemented by a
National Security Council (NSC) directive on May 17, 1972. The change represented the first
major overhaul in the classification system of Federal documents in 20 years. Every authorized
classifier should obtain a copy of the order, the implementing NSC directive, and the regulations
of his or her own department or agency and become thoroughly familiar with their contents.
Authority To Classify
The authority to originally classify information or material
be exercised only by the heads of the departments or agencies
under Executive Order 11652 is restricted solely to those offices
and certain other properly designated officials and subordi-
within the executive branch, enuinerated in the order, that are
nates. No one else may assign original classifications. Desig-
concerned with matters of national security and is limited
nated officials may classify information or material only at
within those offices to the minimum number of persons abso-
the level authorized and below. Authority to classify may not
lutely required for efficient administration. This authority may
be delegated to individuals not properly designated.
Security Classification Categories
Official information or material that requires protection
to national security. This classification shall be used with the
against unauthorized disclosure in the interest of the national
utmost restraint.
defense or foreign relations of the United States (collectively
SECRET refers to that national security information or
termed "national security" information or material) shall be
material which requires a substantial degree of protection.
classified in one of three categories; namely, TOP SECRET,
The test for assigning SECRET classification shall be wheth-
SECRET, or CONFIDENTIAL. No other categories shall be
er its unauthoribed disclosure could reasonably be expected
used except as expressly provided by statute. These categories
to cause serious damage to the national security. Examples
may only be used in accordance with the following definitions:
of serious damage include disruption of foreign relations
significantly affecting the national security, significant im-
TOP SECRET refers to that national security information
pairment of a program or policy directly related to the na-
or material which requires the highest degree of protection.
tional security, revelation of significant military plans or
The test for assigning TOP SECRET classification shall be
intelligence operations, and compromise of significant scien-
whether its unauthorized disclosure could reasonably be ex-
tific or technological developments relating to national se-
pected to cause exceptionally grave damage to the national
curity. The classification SECRET shall be used sparingly.
security. Examples of exceptionally grave damage include
CONFIDENTIAL refers to that national security infor-
armed hostilities against the United States or its allies, dis-
mation or material which requires protection. The test for
ruption of foreign relations vitally affecting the national
assigning CONFIDENTIAL classification shall be whether
security, the compromise of vital national defense plans or
its unauthoribed disclosure could reasonably be expected to
complex cryptologic and communications intelligence sys-
cause damage to the national security.
tems, the revelation of sensitive intelligence operations, and
Other designations coupled with one of the above three cate-
the disclosure of scientific or technological developments vital
gories pertain to access restrictions only.
Personal Responsibility
Each person possessing classifying authority shall be held
Any Government officer or employee who unnecessarily clas-
accountable for the propriety of the classification attributed to
sifies or over-classifies information or material will be so noti-
him. Both unnecessary classification and over-classification
fied. Repeated abuse of the classification process is grounds for
must be avoided. Classifications must be based solely on na-
an administrative reprimand. The term "classification abuse"
tional security considerations. In no case may information be
means unnecessary classification, over- or under-classification,
classified to conceal inefficiency or administrative error, to pre-
failure to assign the proper downgrading and declassification
vent embarrassment to a person or department, to restrain
schedule, improper application of classification markings, im-
competition or independent initiative, or to prevent for any
proper placing of a document in an exempt declassification
other reason the release of information that does not require
category, any classification or exemption action taken without
protection in the interest of national security.
authority, or an improper delegation of classification authority.
THE WHITE HOUSE
WASHINGTON
March 3, 1976
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
DUDLEY CHAPMAN
SUBJECT:
Protection of Classified Information
under the Amended FOIA
The Act as it stood before the 1974 amendments authorized withholding
of information "specifically required by Executive Order to be kept
secret in the interest of the national defense or foreign policy. 11 As
amended, withholding is permitted of matters that are "(A) specifically
authorized under criteria established by an Executive Order to be
kept secret in the interest of national defense or foreign policy and
(B) are in fact properly classified pursuant to such Executive Order. "
This means that the classification must be correct both procedurally
and substantively. The Act makes the documents subject to in
camera inspection for purposes of this determination, and affidavits
are the normal means of explaining the correctness of the classification.
In his veto message, the President proposed the following presumption
which was agreed to by the House floor manager of the bill, Congressman
Moorhead:
"that where classified documents are requested, the courts
could review the classification, but would have to uphold
the classification if there is a reasonable basis to support
it. In determining the reasonableness of the classification,
the courts would consider all attendant evidence prior to
resorting to an in camera examination of the document."
Veto Message, 10 Weekly Compilation of Presidential
Documents 1318 (1974).
FOKD
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The only cases known to the Department of Justice are several
unreported cases in which the classification was upheld on the
basis of in camera inspection and the affidavits furnished.
LIBRARY GERALD ? IUKO
THE WHITE HOUSE
WASHINGTON
TO:
PHIL BUCHEN
FROM: JOHN O. MARSH, JR.
For Direct Reply
For Draft Response
XX
For Your Information
Please Advise
FORD LIBRARY
APR 2 8 1976
.&
THE WHITE HOUSE
WASHINGTON
April 27, 1976
MEMORANDUM FOR:
JACK MARSH
PHILIP BUCHEN
MAX FRIEDERSDORF
FROM:
BOB WOLTHUIS RKW
I got a call this morning from Kempton Jenkins at State who informed
me that Senators Caserhas introduce dealing with securi
that-would.douthe-following:
1. It would declassify all classified documents submitted to the Congress
by the Executive Branch by a simple majority vote of the Foreign
Relations Committee.
2. If the committee so votes it would notify the President that he has
five days to object.
3. If the President objects to the declassification then the full Senate
must vote on whether or not to declassify.
4. If there is no Presidential objection declassification is automatic.
5. If the full committee has voted not to declassify three members can
appeal that vote to the full committee. If the full committee sustains
its negative decision then the appeal goes to the full Senate for consideration.
This is a preliminary reading of the legislation. I have attached a copy
of the resolution.
D- Send to
/. Mike
2. Duo
3. All manters ICG
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4. Rag W.
submitted the following resolution; which was
RESOLUTION
Relating to the public disclosure of certain classified information
by the Committee on Foreign Relations.
(IDGGIT litle of resolution Lerc)
Resolved, That (a) the Committee on Foreign Relations of
the Senate may, subject to the provisions of this resolution,
disclose publicly any information in the possession of such
committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee
action is required to disclose any information under this section,
the committec shall meet to vote on the matter within five days
after any member of the committee requests such a vote.
(b) (1) In any case in which the Committee on Foreign Relation
of the Senate votes to disclose publicly any information submitted
to it by the executive branch which the executive branch requests
be kept secret, such committee shall notify the President of such
vote.
(2) The committee may disclose publicly such information
after the expiration of a five-day period following the day on
which notice of such vote is transmitted to the President, unless,
prior to the expiration of such five-day period, the President
notifies the committee that he objects to the disclosure of-such
information, provides his reasons therefor, and certifies that
the threat to the national interest of the United States posed by
such disclosure is vital and outweight any public interest in the
disclosure
E.D STATES SCHATE
r 8:41 LEGISLATIVE cousa
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(3) The Committee on Foreign Relations may disclose publicly
such information at any time after the expiration of three days
following the day on which it receives an objection from the
President pursuant to paragraph (2), unless, prior to the expira-
tion of such three days, three or more members of such commitiee
file a request in writing with the chairman of the committee
that the question of public disclosure of such information be
referred to the Senate for decision.
(4) In any case in which the Committee on Foreigh Relations
votes not to disclose publicly any information submitted to it
by the executive branch which the executive branch requests
be kept secret, such information shall not be publicly disclosed
unless three or more members of such committee file, within three
days after the vote of such committee disapproving the public
disclosure of such information, a request in writing with the
chairman of such committee that the question of public disclosure
of such information be referred to the Senate for decision, and
public disclosure of such information is thereafter authorized
as provided in paragraph (5) or (6).
(5) Whenever three or more members of the Committee on
Foreign Relations file a request with the chairman of such com-
mittee pursuant to paragraph (3) or (4), the chàirman shall, not
later than the first day on which the Senate is in session
following the day on which the request is filed, report the
matter to the Senate for its consideration.
(Ti) (TITC hour afier the Senate convenes on the first day C,:
following time day on which any
SITED STATES SENATE
I Oi THE LICIMATIVE coursel
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(B) disapprove the public disclosure of the
information in question, in which case the committee
shall not publicly disclose such information, or
(c) refer the matter back to the committee,
in which case the committee shall make the final
determination with respect to the public disclosure
of the information in question.
Upon conclusion of the consideration of such matter in closed
session, which may not extend beyond the close of the fifth day
following the day on which such matter was reported to the Sen
the Senate shall inmediately vote on the disposition of such
matter in open session, without debate, and without divulging
the information with respect to which the vote is being taken-
The Senate shall vote to dispose of such matter by the means
specified in clauses (A), - (B), and (c) of the second sentence
of this paragraph.
FORD is 07/839 LIBRARY
file a request in writing with use
that the question of public disclosure of such information be
referred to the Senate for decision.
(4) In any case in which the Committee on Foreign Relations
votes not to disclose publicly any information submitted to it
by the executive branch which the executive branch requests
be kept secret, such information shall not be publicly disclosed
unless three or more members of such committee file, within three
days after the vote of such committee disapproving the public
disclosure of such information, a request in writing with the
chairman of such committee that the question of public disclosure
of such information be referred to the Senate for decision, and
public disclosure of such information is thereafter authorized
as provided in paragraph (5) or (6).
(5) Whenever three or more members of the Committee on
Foreign Relations file a request with the chairman of such com-
mittee pursuant to paragraph (3) or (4), the chairman shall, not
later than the first day on which the Senate is in session
following the day on which the request is filed, report the
matter to the Senate for its consideration.
(6) One hour after the Senate convenes on the first day on
which the Senate is in session following the day on which any
such matter is reported to the Scnate, the Senate shall go into
closed session and the matter shall be the pending business.
In considering the matter in closed session the Senate mey--
(^) approve the public disclosure of the infor-
mation in question, in which case the committee FORD shall
publicly disclose such information,
THE WHITE HOUSE
WASHINGTON
April 27, 1976
MEMORANDUM FOR:
JACK MARSH
PHILIP BUCHEN
MAX FRIEDERSDORF
FROM:
BOB WOLTHUIS
RKW
I got a call this morning from Kempton Jenkins at State who informed
me that Senator Case has introduced a bill dealing with security classification
that would do the following:
1. It would declassify all classified documents submitted to the Congress
by the Executive Branch by a simple majority vote of the Foreign
Relations Committee.
2. If the committee so votes it would notify the President that he has
five days to object.
3. If the President objects to the declassification then the full Senate
must vote on whether or not to declassify.
4. If there is no Presidential objection declassification is automatic.
5. If the full committee has voted not to declassify three members can
appeal that vote to the full committee. If the full committee sustains
its negative decision then the appeal goes to the full Senate for consideration.
This is a preliminary reading of the legislation. I have attached a copy
of the resolution.
1088 Y-
submitted the following resolution; which was
RESOLUTION
Relating to the public disclosure of certain classified information
by the Committee on Foreign Relations.
(losert litle of resolution base)
Resolved, That (a) the Committee on Foreign Relations of
the Senate may, subject to the provisions of this resolution,
disclose publicly any information in the possession of such
committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee
action is required to disclose any information under this section,
the committee shall meet to vote on the matter within five days
after any member of the committee requests such a vote.
(b) (1) In any case in which the Committee on Foreign Relation
of the Senate votes to disclose publicly any information submitted
to it by the executive branch which the executive branch requests
be kept secret, such committee shall notify the President of such
vote.
(2) The committee may disclose publicly such information
after the expiration of a five-day period following the day on
which notice of such vote is transmitted to the President, unless,
prior to the expiration of such five-day period, the President
notifien the committee that he objects to the disclosure of such
information, provides his reasons therefor, and certifies that
the threat to the national interest of the United States posed by
such disclosure is vital and outweight any public interest in the
disclosure
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LD STATES SCHATE
r 1.4L LEGISLATIVE cousa
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(3) The Committee on Foreign Relations may disclose publicly
such information at any time after the expiration of three days
following the day on which it receives an objection from the
President pursuant to paragraph (2), unless, prior to the expira-
tion of such three days, three or more members of such commitiee
file a request in writing with the chairman of the committee
that the question of public disclosure of such information be
referred to the Senate for decision.
(4) In any case in which the Committee on Foreigh Relations
votes not to disclose publicly any information submitted to it
by the executive branch which the executive branch requests
be kept secret, such information shall not be publicly disclosed
unless three or more members of such committee file, within three
days after the vote of such committee disapproving the public
disclosure of such information, a request in writing with the
chairman of such committee that the question of public disclosur
of such information be referred to the Senate for decision, and
public disclosure of such information is thereafter authorized
as provided in paragraph (5) or (6).
FORD
(5) Whenever three or more members of the Committee GERALD on
LIBRARY
Foreign Relations file a request with the chairman of such com-
mittee pursuant to paragraph (3) or (4), the chairman shall, not
later than the first day on which the Senate is in session
following the day on which the request is filed, report the
matter to the Senate for its consideration.
(Ti) CITC hour after the Senate convenes on the first day of
following time day on which any
21750 STATES SCNATE
IE OF THE LICIELATIVE COUNSEL
-3-
(B) disapprove the public disclosure of the
information in question, in which case the committee
shall not publicly disclose such information, or
(c) refer the matter back to the committee,
in which case the committee shall make the final
determination with respect to the public disclosure
of the information in question.
Upon conclusion of the consideration of such matter in closed
session, which may not extend beyond the close of the fifth day
following the day on which such matter was reported to the Sene
the Senate shall inmediately vote on the disposition of such
matter in open session, without debate, and without divulging
the information with respect to which the vote is being taken-
The Senate shall vote to dispose of such matter by the means
specified in clauses (A), - (B), and (c) of the second sentence
of this paragraph.
FORD is 071830 LIBRARY
file a request in writing with une
that the question of public disclosure of such information be
referred to the Senate for decision.
(4) In any case in which the Committee on Foreign Relations
votes not to disclose publicly any information submitted to it
by the executive branch which the executive branch requests
be kept secret, such information shall not be publicly disclosed
unless three or more members of such committee file, within three
days after the vote of such committee disapproving the public
disclosure of such information, a request in writing with the
chairman of such committee that the question of public disclosur
of such information be referred to the Senate for decision, and
public disclosure of such information is thereafter authorized
as provided in paragraph (5) or (6).
(5) Whenever three or more members of the Committee on
Foreign Relations file a request with the chairman of such com-
mittee pursuant to paragraph (3) or (4), the chairman shall, not
later than the first day on which the Senate is in session
following the day on which the request is filed, report the
matter to the Senate for its consideration.
(6) One hour after the Senate convenes on the first day on
which the Senate is in session following the day on which any
such matter is reported to the Scnate, the Senate shall go into
closed session and the matter shall be the pending business.
In considering the matter in closed session the Senate may--
(^) approve the public disclosure of the infor-
mation in question, in which case the committee shall
publicly disclose such information,
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