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Executive Orders [1 of 2]
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Executive Orders [1 of 2]
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Records of the White House Office of Science and Technology Policy (George H. W. Bush Administration)
Michelle K. Van Cleave Executive Order Files
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Van Cleave, Michelle, Files
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Executive Order Files
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Executive Orders [1 of 2]
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NCS 1451/1
47491
Federal Register
Presidential Documents
Vol. 53, No. 226
Wednesday, November 23, 1988
Title 3-
Executive Order 12656 of November 18, 1988
The President
Assignment of Emergency Preparedness Responsibilities
WHEREAS our national security is dependent upon our ability to assure
continuity of government, at every level, in any national security emergency
situation that might confront the Nation; and
WHEREAS effective national preparedness planning to meet such an emer-
gency, including a massive nuclear attack, is essential to our national survival;
and
WHEREAS effective national preparedness planning requires the identifica-
tion of functions that would have to be performed during such an emergency,
the assignment of responsibility for developing plans for performing these
functions, and the assignment of responsibility for developing the capability to
implement those plans; and
WHEREAS the Congress has directed the development of such national
security emergency preparedness plans and has provided funds for the accom-
plishment thereof;
NOW, THEREFORE, by virtue of the authority vested in me as President by
the Constitution and laws of the United States of America, and pursuant to
Reorganization Plan No. 1 of 1958 (72 Stat. 1799), the National Security Act of
1947, as amended, the Defense Production Act of 1950, as amended, and the
Federal Civil Defense Act, as amended, it is hereby ordered that the responsi-
bilities of the Federal departments and agencies in national security emergen-
cies shall be as follows:
PART 1-Preamble
Section 101. National Security Emergency Preparedness Policy.
(a) The policy of the United States is to have sufficient capabilities at all
levels of government to meet essential defense and civilian needs during any
national security emergency. A national security emergency is any occurrence,
including natural disaster, military attack, technological emergency, or other
emergency, that seriously degrades or seriously threatens the national security
of the United States. Policy for national security emergency preparedness
shall be established by the President. Pursuant to the President's direction. the
National Security Council shall be responsible for developing and administer-
ing such policy. All national security emergency preparedness activities shall
be consistent with the Constitution and laws of the United States and with
preservation of the constitutional government of the United States.
(b) Effective national security emergency preparedness planning requires:
identification of functions that would have to be performed during such an
emergency; development of plans for performing these functions; and develop-
ment of the capability to execute those plans.
Sec. 102. Purpose.
(a) The purpose of this Order is to assign national security emergency
preparedness responsibilities to Federal departments and agencies. These
assignments are based, whenever possible, on extensions of the regular
missions of the departments and agencies.
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47492 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents
(b) This Order does not constitute authority to implement the plans prepared
pursuant to this Order. Plans so developed may be executed only in the event
that authority for such execution is authorized by law.
Sec. 103. Scope.
(a) This Order addresses national security emergency preparedness functions
and activities. As used in this Order, preparedness functions and activities
include, as appropriate, policies, plans, procedures, and readiness measures
that enhance the ability of the United States Government to mobilize for,
respond to, and recover from a national security emergency.
(b) This Order does not apply to those natural disasters, technological emer-
gencies, or other emergencies, the alleviation of which is normally the respon-
sibility of indivíduals, the private sector, volunteer organizations, State and
local governments, and Federal departments and agencies unless such situa-
tions also constitute a national security emergency.
(c) This Order does not require the provision of information concerning. or
evaluation of, military policies, plans, programs, or states of military readi-
ness.
(d) This Order does not apply to national security emergency preparedness
telecommunications functions and responsibilities that are otherwise assigned
by Executive Order 12472.
Sec. 104. Management of National Security Emergency Preparedness.
(a) The National Security Council is the principal forum for consideration of
national security emergency preparedness policy.
(b) The National Security Council shall arrange for Executive branch liaison
with, and assistance to, the Congress and the Federal judiciary on national
security-emergency preparedness matters.
(c) The Director of the Federal Emergency Management Agency shall serve as
an advisor to the National Security Council on issues of national security
emergency preparedness, including mobilization preparedness, civil defense,
continuity of government, technological disasters, and other issues, as appro-
priate. Pursuant to such procedures for the organization and management of
the National Security Council process as the President may establish, the
Director of the Federal Emergency Management Agency also shall assist in the
implementation of and management of the National Security Council process
as the President may establish, the Director of the Federal Emergency Man-
agement Agency also shall assist in the implementation of national security
emergency preparedness policy by coordinating with the other Federal depart-
ments and agencies and with State and local governments, and by providing
periodic reports to the National Security Council on implementation of nation-
al security emergency preparedness policy.
(d) National security emergency preparedness functions that are shared by
more than one agency shall be coordinated by the head of the Federal
department or agency having primary responsibility and shall be supported by
the heads of other departments and agencies having related responsibilities.
(e) There shall be a national security emergency exercise program that shall
be supported by the heads of all appropriate Federal departments and agen-
cies.
(f) Plans and procedures will be designed and developed to provide maximum
flexibility to the President for his implementation of emergency actions.
Sec. 105. Interagency Coordination.
(a) All appropriate Cabinet members and agency heads shall be consulted
regarding national security emergency preparedness programs and policy
issues. Each department and agency shall support interagency coordination to
improve preparedness and response to a national security emergency and
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Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents 47493
shall develop and maintain decentralized capabilities wherever feasible and
appropriate.
(b) Each Federal department and agency shall work within the framework
established by, and cooperata with those organizations assigned responsibil-
ity in, Executive Order No. 12472, to ensure adequate national security
emergency preparedness telecommunications in support of the functions and
activities addressed by this Order.
PART 2-General Provisions
Sec. 201. General. The head of each Federal department and agency, as
appropriate. shall:
(1) Be prepared to respond adequately to all national security emergencies,
including those that are international in scope, and those that may occur
within any region of the Nation;
(2) Consider national security emergency preparedness factors in the conduct
of his or her regular functions, particularly those functions essential in time of
emergency. Emergency plans and programs, and an appropriate state of
readiness, including organizational infrastructure, shall be developed as an
integral part of the continuing activities of each Federal department and
agency;
(3) Appoint a senior policy official as Emergency Coordinator, responsible for
developing and maintaining a multi-year. national security emergency pre-
paredness plan for the department or agency to include objectives, programs.
and budgetary requirements;
(4) Design preparedness measures to permit a rapid and effective transition
from routine to emergency operations, and to make effective use of the period
following initial indication of a probable national security emergency. This
will include:
(a) Development of a system of emergency actions that defines alternatives,
processes, and issues to be considered during various stages of national
security emergencies;
(b) Identification of actions that could be taken in the early stages of a
national security emergency or pending national security emergency to miti-
gate the impact of or reduce significantly the lead times associated with full
emergency action implementation:
(5) Base national security emergency preparedness measures on the use of
existing authorities, organizations, resources, and systems to the maximum
extent practicable;
(6) Identify areas where additional legal authorities may be needed to assist
management and, consistent with applicable Executive orders, take appropri-
ate measures toward acquiring those authorities;
(7) Make policy recommendations to the National Security Council regarding
national security emergency preparedness activities and functions of the
Federal Government:
(8) Coordinate with State and local government agencies and other organiza-
tions, including private sector organizations, when appropriate. Federal plans
should include appropriate involvement of and reliance upon private sector
organizations in the response to national security emergencies;
(9) Assist State, local, and private sector entities in developing plans for
mitigating the effects of national security emergencies and for providing
services that are essential to a national response;
(10) Cooperate, to the extent appropriate, in compiling, evaluating, and ex-
changing relevant data related to all aspects of national security emergency
preparedness;
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47494 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents
(11) Develop programs regarding congressional relations and public informa-
tion that could be used during national security emergencies;
(12) Ensure a capability to provide, during a national security emergency,
information concerning Acts of Congress, presidential proclamations, Execu-
tive orders, regulations, and notices of other actions to the Archivist of the
United States, for publication in the Federal Register, or to each agency
designated to maintain the Federal Register in an emergency;
(13) Develop and conduct training and education programs that incorporate
emergency preparedness and civil defense information necessary to ensure an
effective national response;
(14) Ensure that plans consider the consequences for essential services provid-
ed by State and local governments, and by the private sector, if the flow of
Federal funds is disrupted;
(15) Consult and coordinate with the Director of the Federal Emergency
Management Agency to ensure that those activities and plans are consistent
with current National Security Council guidelines and policies.
Sec. 202. Continuity of Government. The head of each Federal department and
agency shall ensure the continuity of essential functions in any national
security emergency by providing for: succession to office and emergency
delegation of authority in accordance with applicable law; safekeeping of
essential resources, facilities, and records; and establishment of emergency
operating capabilities.
Sec. 203. Resource Management. The head of each Federal department and
agency, as appropriate within assigned areas of responsibility, shall:
(1) Develop plans and programs to mobilize personnel (including reservist
programs), equipment, facilities, and other resources;
(2) Assess essential emergency requirements and plan for the possible use of
alternative resources to meet essential demands during and following national
security emergencies;
(3) Prepare plans and procedures to share between and among the responsible
agencies resources such as energy, equipment, food, land, materials, minerals.
services, supplies, transportation, water, and workforce needed to carry out
assigned responsibilities and other essential functions, and cooperate with
other agencies in developing programs to ensure availability of such resources
in a national security emergency;
(4) Develop plans to set priorities and allocate resources among civilian and
military claimants;
(5) Identify occupations and skills for which there may be a critical need in the
event of a national security emergency.
Sec. 204. Protection of Essential Resources and Facilities. The head of each
Federal department and agency, within assigned areas of responsibility, shall:
(1) Identify facilities and resources, both government and private, essential to
the national defense and national welfare, and assess their vulnerabilities and
develop strategies, plans, and programs to provide for the security of such
facilities and resources, and to avoid or minimize disruptions of essential
services during any national security emergency;
(2) Participate in interagency activities to assess the relative importance of
various facilities and resources to essential military and civilian needs and to
integrate preparedness and response strategies and procedures;
(3) Maintain a capability to assess promptly the effect of attack and other
disruptions during national security emergencies.
Sec. 205. Federal Benefit, Insurance, and Loan Programs. The head of each
Federal department and agency that administers a loan, insurance, or benefit
program that relies upon the Federal Government payment system shall
Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents 47495
coordinate with the Secretary of the Treasury in developing plans for the
continuation or restoration. to the extent feasible, of such programs in national
security emergencies.
Sec. 206. Research. The Director of the Office of Science and Technology
Policy and the heads of Federal departments and agencies having significant
research and development programs shall advise the National Security Coun-
cil of scientific and technological developments that should be considered in
national security emergency preparedness planning.
Sec. 207. Redelegation. The head of each Federal department and agency is
hereby authorized, to the extent otherwise permitted by law, to redelegate the
functions assigned by this Order. and to authorize successive redelegations to
organizations, officers, or employees within that department or agency.
Sec. 208. Transfer of Functions. Recommendations for interagency transfer of
any emergency preparedness function assigned under this Order or for assign-
ment of any new emergency preparedness function shall be coordinated with
all affected Federal departments and agencies before submission to the
National Security Council.
Sec. 209. Retention of Existing Authority. Nothing in this Order shall be
deemed to derogate from assignments of functions to any Federal department
or agency or officer thereof made by law.
PART 3-Department of Agriculture
Sec. 301. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Agriculture shall:
(1) Develop plans to provide for the continuation of agricultural production.
food processing, storage, and distribution through the wholesale level in
national security emergencies, and to provide for the domestic distribution of
seed, feed, fertilizer, and farm equipment to agricultural producers;
(2) Develop plans to provide food and agricultural products to meet interna-
tional responsibilities in national security emergencies;
(3) Develop plans and procedures for administration and use of Commodity
Credit Corporation inventories of food and fiber resources in national security
emergencies;
(4) Develop plans for the use of resources under the jurisdiction of the
Secretary of Agriculture and, in cooperation with the Secretaries of Com-
merce, Defense, and the Interior. the Board of Directors of the Tennessee
Valley Authority, and the heads of other government entities, plan for the
national security emergency management, production. and processing of forest
products;
(5) Develop, in coordination with the Secretary of Defense, plans and pro-
grams for water to be used in agricultural production and food processing in
national security emergencies;
(6) In cooperation with Federal, State, and local agencies, develop plans for a
national program relating to the prevention and control of fires in rural areas
of the United States caused by the effects of enemy attack or other national
security emergencies;
(7) Develop plans to help provide the Nation's farmers with production
resources. including national security emergency financing capabilities;
(8) Develop plans, in consonance with those of the Department of Health and
Human Services. the Department of the Interior. and the Environmental
Protection Agency, for national security emergency agricultural health serv-
ices and forestry. including:
(a) Diagnosis and control or eradication of diseases, pests, or hazardous
agents (biological, chemical, or radiological) against animals, crops, timber, or
products thereof;
47496 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988, / Presidential Documents
(b) Protection, treatment, and handling of livestock and poultry, or products
thereof, that have been exposed to or affected by hazardous agents;
(c) Use and handling of crops, agricultural commodities, timber, and agricul-
tural lands that have been exposed to or affected by hazardous agents; and
(d) Assuring the safety and wholesomeness, and minimizing losses from
hazards, of animals and animal products and agricultural commodities and
products subject to continuous inspection by the Department of Agriculture or
owned by the Commodity Credit Corporation or by the Department of Agricul-
ture;
(9) In consultation with the Secretary of State and the Director of the Federal
Emergency Management Agency, represent the United States in agriculture-
related international civil emergency preparedness planning and related ac-
tivities.
Sec. 302. Support Responsibility. The Secretary of Agriculture shall assist the
Secretary of Defense in formulating and carrying out plans for stockpiling
strategic and critical agricultural materials.
PART 4-Department of Commerce
Sec. 401. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Commerce shall:
(1) Develop control systems for priorities. allocation, production. and distribu-
tion of materials and other resources that will be available to support both
national defense and essential civilian programs in a national security emer-
gency;
(2) In cooperation with the Secretary of Defense and other departments and
agencies, identify those industrial products and facilities that are essential to
mobilization readiness, national defense, or post-attack survival and recovery;
(3) In cooperation with the Secretary of Defense and other Federal depart-
ments and agencies, analyze potential effects of national security emergencies
on actual production capability, taking into account the entire production
complex, including shortages of resources, and develop preparedness meas-
ures to strengthen capabilities for production increases in national security
emergencies;
(4) In cooperation with the Secretary of Defense, perform industry analyses to
assess capabilities of the commercial industrial base to support the national
defense, and develop policy alternatives to improve the international competi-
tiveness of specific domestic industries and their abilities to meet defense
program needs;
(5) In cooperation with the Secretary of the Treasury, develop plans for
providing emergency assistance to the private sector through direct or partici-
pation loans for the financing of production facilities and equipment;
(6) In cooperation with the Secretaries of State, Defense, Transportation, and
the Treasury, prepare plans to regulate and control exports and imports in
national security emergencies;
(7) Provide for the collection and reporting of census information on human
and economic resources, and maintain a capability to conduct emergency
surveys to provide information on the status of these resources as required for
national security purposes;
(8) Develop overall plans and programs to ensure that the fishing industry
continues to produce and process essential protein in national security emer-
gencies;
(9) Develop plans to provide meteorological, hydrologic, marine weather,
geodetic, hydrographic, climatic, seismic, and oceanographic data and serv-
ices to Federal, State, and local agencies, as appropriate;
Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents 47497
(10) In coordination with the Secretary of State and the Director of the Federal
Emergency Management Agency, represent the United States in industry-
related international (NATO and allied) civil emergency preparedness plan-
ning and related activities.
Sec. 402. Support Responsibilities. The Secretary of Commerce shall:
(1) Assist the Secretary of Defense in formulating and carrying out plans for
stockpiling strategic and critical materials;
(2) Support the Secretary of Agriculture in planning for the national security
management, production, and processing of forest and fishery products;
(3) Assist, in consultation with the Secretaries of State and Defense, the
Secretary of the Treasury in the formulation and execution of economic
measures affecting other nations.
PART 5-Department of Defense
Sec. 501. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2. the Secretary of Defense shall:
(1) Ensure military preparedness and readiness to respond to national security
emergencies;
(2) In coordination with the Secretary of Commerce, develop, with industry,
government, and the private sector, reliable capabilities for the rapid increase
of defense production to include industrial resources required for that produc-
tion;
(3) Develop and maintain, in cooperation with the heads of other departments
and agencies, national security emergency plans, programs, and mechanisms
to ensure effective mutual support between and among the military, civil
government, and the private sector;
(4) Develop and maintain damage assessment capabilities and assist the
Director of the Federal Emergency Management Agency and the heads of
other departments and agencies in developing and maintaining capabilities to
assess attack damage and to estimate the effects of potential attack on the
Nation;
(5) Arrange, through agreements with the heads of other Federal departments
and agencies, for the transfer of certain Federal resources to the jurisdiction
and/or operational control of the Department of Defense in national security
emergencies;
(6) Acting through the Secretary of the Army, develop, with the concurrence of
the heads of all affected departments and agencies, overall plans for the
management, control, and allocation of all usable waters from all sources
within the jurisdiction of the United States. This includes:
(a) Coordination of national security emergency water resource planning at
the national, regional, State, and local levels;
(b) Development of plans to assure emergency provision of water from public
works projects under the jurisdiction of the Secretary of the Army to public
water supply utilities and critical defense production facilities during national
security emergencies;
(c) Development of plans to assure emergency operation of waterways and
harbors; and
(d) Development of plans to assure the provision of potable water;
(7) In consultation with the Secretaries of State and Energy, the Director of the
Federal Emergency Management Agency, and others, as required, develop
plans and capabilities for identifying. analyzing, mitigating, and responding to
hazards related to nuclear weapons, materials, and devices: and maintain
liaison, as appropriate, with the Secretary of Energy and the Members of the
Nuclear Regulatory Commission to ensure the continuity of nuclear weapons
production and the appropriate allocation of scarce resources, including the
47498 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents
recapture of special nuclear materials from Nuclear Regulatory Commission
licensees when appropriate;
(8) Coordinate with the Administrator of the National Aeronautics and Space
Adminstration and the Secretary of Energy, as appropriate, to prepare for the
use, maintenance, and development of technologically advanced aerospace
and aeronautical-related systems, equipment, and methodologies applicable to
national security emergencies;
(9) Develop, in coordination with the Secretary of Labor, the Directors of the
Selective Service System, the Office of Personnel Management, and the
Federal Emergency Management Agency, plans and systems to ensure that the
Nation's human resources are available to meet essential military and civilian
needs in national security emergencies;
(10) Develop national security emergency operational procedures, and coordi-
nate with the Secretary of Housing and Urban Development with respect to
residential property, for the control, acquisition. leasing, assignment and
priority of occupancy of real property within the jurisdiction of the Depart-
ment of Defense;
(11) Review the priorities and allocations systems developed by other depart-
ments and agencies to ensure that they meet Department of Defense needs in
a national security emergency: and develop and maintain the Department of
Defense programs necessary for effective utilization of all priorities and
allocations systems;
(12) Develop, in coordination with the Attorney General of the United States,
specific procedures by which military assistance to civilian law enforcement
authorities may be requested. considered. and provided;
(13) In cooperation with the Secretary of Commerce and other departments
and agencies, identify those industrial products and facilities that are essen-
tial to mobilization readiness, national defense, or post-attack survival and
recovery;
(14) In cooperation with the Secretary of Commerce and other Federal depart-
ments and agencies, analyze potential effects of national security emergencies
on actual production capability, taking into account the entire production
complex, including shortages of resources, and develop preparedness meas-
ures to strengthen capabilities for production increases in national security
emergencies;
(15) With the assistance of the heads of other Federal departments and
agencies, provide management direction for the stockpiling of strategic and
critical materials, conduct storage, maintenance, and quality assurance oper-
ations for the stockpile of strategic and critical materials, and formulate plans,
programs, and reports relating to the stockpiling of strategic and critical
materials.
Sec. 502. Support Responsibilities. The Secretary of Defense shall:
(1) Advise and assist the heads of other Federal departments and agencies in
the development of plans and programs to support national mobilization. This
includes providing, as appropriate:
(a) Military requirements, prioritized and time-phased to the extent possible.
for selected end-items and supporting services, materials, and components;
(b) Recommendations for use of financial incentives and other methods to
improve defense production as provided by law; and
(c) Recommendations for export and import policies;
(2) Advise and assist the Secretary of State and the heads of other Federal
departments and agencies, as appropriate, in planning for the protection.
evacuation, and repatriation of United States citizens in threatened areas
overseas;
Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents 47499
(3) Support the Secretary of Housing and Urban Development and the heads of
other agencies, as appropriate, in the development of plans to restore commu-
nity facilities;
(4) Support the Secretary of Energy in international liaison activities pertain-
ing to nuclear materials facilities;
(5) In consultation with the Secretaries of State and Commerce, assist the
Secretary of the Treasury in the formulation and execution of economic
measures that affect other nations;
(6) Support the Secretary of State and the heads of other Federal departments
and agencies as appropriate in the formulation and implementation of foreign
policy, and the negotiation of contingency and post-emergency plans, intergov-
ernmental agreements, and arrangements with allies and friendly nations,
which affect national security;
(7) Coordinate with the Director of the Federal Emergency Management
Agency the development of plans for mutual civil-military support during
national security emergencies;
(8) Develop plans to support the Secretary of Labor in providing education and
training to overcome shortages of critical skills.
PART 6-Department of Education
Sec. 601. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Education shall:
(1) Assist school systems in developing their plans to provide for the earliest
possible resumption of activities following national security emergencies;
(2) Develop plans to provide assistance, including efforts to meet shortages of
critical educational personnel, to local educational agencies;
(3) Develop plans, in coordination with the Director of the Federal Emergency
Management Agency, for dissemination of emergency preparedness instruc-
tional material through educational institutions and the media during national
security emergencies.
Sec. 602. Support responsibilities. The Secretary of Education shall:
(1) Develop plans to support the Secretary of Labor in providing education and
training to overcome shortages of critical skills;
(2) Support the Secretary of Health and Human Services in the development of
human services educational and training materials, including self-help pro-
gram schools. materials for use by human service organizations and professional
PART 7-Department of Energy
Sec. 701. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Energy shall:
(1) Conduct national security emergency preparedness planning, including
capabilities development, and administer operational programs for all energy
resources, including:
(a) Providing information, in cooperation with Federal. State, and energy
industry officials, on energy supply and demand conditions and on the
requirements for and the availability of materials and services critical to
energy supply systems;
(b) In coordination with appropriate departments and agencies and in consul-
tation with the energy industry, develop implementation plans and operational
systems for priorities and allocation of all energy resource requirements for
national defense and essential civilian needs to assure national security
emergency preparedness;
47500 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents
(c) Developing, in consultation with the Board of Directors of the Tennessee
Valley Authority, plans necessary for the integration of its power system into
the national supply system;
(2) Identify energy facilities essential to the mobilization, deployment, and
sustainment of resources to support the national security and national wel-
fare, and develop energy supply and demand strategies to ensure continued
provision of minimum essential services in national security emergencies;
(3) In coordination with the Secretary of Defense, ensure continuity of nuclear
weapons production consistent with national security requirements;
(4) Assure the security of nuclear materials, nuclear weapons, or devices in
the custody of the Department of Energy, as well as the security of all other
Department of Energy programs and facilities;
(5) In consultation with the Secretaries of State and Defense and the Director
of the Federal Emergency Management Agency, conduct appropriate interna-
tional liaison activities pertaining to matters within the jurisdiction of the
Department of Energy:
(6) In consultation with the Secretaries of State and Defense, the Director of
the Federal Emergency Management Agency, the Members of the Nuclear
Regulatory Commission, and others, as required, develop plans and capabili-
ties for identification, analysis, damage assessment, and mitigation of hazards
from nuclear weapons, materials, and devices:
(7) Coordinate with the Secretary of Transportation in the planning and
management of transportation resources involved in the bulk movement of
energy;
(8) At the request of or with the concurrence of the Nuclear Regulatory
Commission and in consultation with the Secretary of Defense, recapture
special nuclear materials from Nuclear Regulatory Commission licensees
where necessary to assure the use, preservation, or safeguarding of such
material for the common defense and security;
(9) Develop national security emergency operational procedures for the con-
trol, utilization, acquisition, leasing, assignment, and priority of occupancy of
real property within the jurisdiction of the Department of Energy;
(10) Manage all emergency planning and response activities pertaining to
Department of Energy nuclear facilities.
Sec. 702. Support Responsibilities. The Secretary of Energy shall:
(1) Provide advice and assistance. in coordination with appropriate agencies,
to Federal, State, and local officials and private sector organizations to assess
the radiological impact associated with national security emergencies;
(2) Coordinate with the Secretaries of Defense and the Interior regarding the
operation of hydroelectric projects to assure maximum energy output;
(3) Support the Secretary of Housing and Urban Development and the heads of
other agencies, as appropriate, in the development of plans to restore commu-
nity facilities;
(4) Coordinate with the Secretary of Agriculture regarding the emergency
preparedness of the rural electric supply systems throughout the Nation and
the assignment of emergency preparedness responsibilities to the Rural Elec-
trification Administration.
PART 8-Department of Health and Human Services
Sec. 801. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Health and Human Services shall:
(1) Develop national plans and programs to mobilize the health industry and
health resources for the provision of health, mental health. and medical
services in national security emergencies;
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(2) Promote the development of State and local plans and programs for
provision of health, mental health, and medical services in national security
emergencies;
(3) Develop national plans to set priorities and allocate health, mental health,
and medical services' resources among civilian and military claimants;
(4) Develop health and medical survival information programs and a nation-
wide program to train health and mental health professionals and paraprofes-
sionals in special knowledge and skills that would be useful in national
security emergencies;
(5) Develop programs to reduce or eliminate adverse health and mental health
effects produced by hazardous agents (biological, chemical, or radiological),
and, in coordination with appropriate Federal agencies, develop programs to
minimize property and environmental damage associated with national securi-
ty emergencies;
(6) Develop guidelines that will assure reasonable and prudent standards of
purity and/or safety in the manufacture and distribution of food, drugs,
biological products, medical devices, food additives, and radiological products
in national security emergencies;
(7) Develop national plans for assisting State and local governments in
rehabilitation of persons injured or disabled during national security emergen-
cies;
(8) Develop plans and procedures to assist State and local governments in the
provision of emergency human services, including lodging, feeding, clothing,
registration and inquiry, social services, family reunification and mortuary
services and interment;
(9) Develop, in coordination with the Secretary of Education, human services
educational and training materials for use by human service organizations and
professional schools; and develop and distribute, in coordination with the
Director of the Federal Emergency Management Agency, civil defense infor-
mation relative to emergency human services:
(10) Develop plans and procedures, in coordination with the heads of Federal
departments and agencies, for assistance to United States citizens or others
evacuated from overseas areas.
Sec. 802. Support Responsibility. The Secretary of Health and Human Services
shall support the Secretary of Agriculture in the development of plans related
to national security emergency agricultural health services.
PART 9-Department of Housing and Urban Development
Sec. 901. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Housing and Urban Development
shall:
(1) Develop plans for provision and management of housing in national
security emergencies, including:
(a) Providing temporary housing using Federal financing and other arrange-
ments:
(b) Providing for radiation protection by encouraging voluntary construction of
shelters and voluntary use of cost-efficient design and construction techniques
to maximize population protection:
(2) Develop plans, in cooperation with the heads of other Federal departments
and agencies and State and local governments, to restore community facilities,
including electrical power, potable water, and sewage disposal facilities.
damaged in national security emergencies.
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PART 10-Department of the Interior
Sec. 1001. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of the Interior shall:
(1) Develop programs and encourage the exploration, development, and
mining of strategic and critical and other nonfuel minerals for national
security emergency purposes;
(2) Provide guidance to mining industries in the development of plans and
programs to ensure continuity of production during national security emergen-
cies:
(3) Develop and implement plans for the management, control, allocation. and
use of public land under the jurisdiction of the Department of the Interior in
national security emergencies and coordinate land emergency planning at the
Federal, State, and local levels.
Sec. 1002. Support Responsibilities. The Secretary of the Interior shall:
(1) Assist the Secretary of Defense in formulating and carrying out plans for
stockpiling strategic and critical minerals;
(2) Cooperate with the Secretary of Commerce in the identification and
evaluation of facilities essential for national security emergencies;
(3) Support the Secretary of Agriculture in planning for the national security
management, production, and processing of forest products.
PART 11-Department of Justice
Sec. 1101. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Attorney General of the United States shall:
(1) Provide legal advice to the President and the heads of Federal departments
and agencies and their successors regarding national security emergency
powers, plans, and authorities;
(2) Coordinate Federal Government domestic law enforcement activities relat-
ed to national security emergency preparedness, including Federal law en-
forcement liaison with, and assistance to, State and local governments;
(3) Coordinate contingency planning for national security emergency law
enforcement activities that are beyond the capabilities of State and local
agencies;
(4) Develop national security emergency plans for regulation of immigration,
regulation of nationals of enemy countries, and plans to implement laws for
the control of persons entering or leaving the United States;
(5) Develop plans and procedures for the custody and protection of prisoners
and the use of Federal penal and correctional institutions and resources
during national security emergencies;
(6) Provide information and assistance to the Federal Judicial branch and the
Federal Legislative branch concerning law enforcement, continuity of govern-
ment, and the exercise of legal authority during national security emergencies;
(7) Develop intergovernmental and interagency law enforcement plans and
counterterrorism programs to interdict and respond to terrorism incidents in
the United States that may result in a national security emergency or that
occur during such an emergency;
(8) Develop intergovernmental and interagency law enforcement plans to
respond to civil disturbances that may result in a national security emergency
or that occur during such an emergency.
Sec. 1102. Support Responsibilities. The Attorney General of the United States
shall:
(1) Assist the heads of Federal departments and agencies, State and local
governments, and the private sector in the development of plans to physically
protect essential resources and facilities;
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(2) Support the Secretaries of State and the Treasury in plans for the protec-
tion of international organizations and foreign diplomatic, consular, and other
official personnel, property, and other assets within the jurisdiction of the
United States;
(3) Support the Secretary of the Treasury in developing plans to control the
movement of property entering and leaving the United States:
(4) Support the heads of other Federal departments and agencies and State
and local governments in developing programs and plans for identifying
fatalities and reuniting families in national security emergencies;
(5) Support the intelligence community in the planning of its counterintelli-
gence and counterterrorism programs.
PART 12-Department of Labor
Sec. 1201. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Labor shall:
(1) Develop plans and issue guidance to ensure effective use of civilian
workforce resources during national security emergencies. Such plans shall
include, but not necessarily be limited to:
(a) Priorities and allocations, recruitment, referral, training, employment stabi-
lization including appeals procedures, use assessment, and determination of
critical skill categories; and
(b) Programs for increasing the availability of critical workforce skills and
occupations;
(2) In consultation with the Secretary of the Treasury. develop plans and
procedures for wage, salary, and benefit costs stabilization during national
security emergencies;
(3) Develop plans and procedures for protecting and providing incentives for
the civilian labor force during national security emergencies;
(4) In consultation with other appropriate government agencies and private
entities, develop plans and procedures for effective labor-management rela-
tions during national security emergencies.
Sec. 1202. Support Responsibilities. The Secretary of Labor shall:
(1) Support planning by the Secretary of Defense and the private sector for the
provision of human resources to critical defense industries during national
security emergencies;
(2) Support planning by the Secretary of Defense and the Director of Selective
Service for the institution of conscription in national security emergencies.
PART 13-Department of State
Sec. 1301. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of State shall:
(1) Provide overall foreign policy coordination in the formulation and execu-
tion of continuity of government and other national security emergency pre-
paredness activities that affect foreign relations:
(2) Prepare to carry out Department of State responsibilities in the conduct of
the foreign relations of the United States during national security emergencies,
under the direction of the President and in consultation with the heads of
other appropriate Federal departments and agencies. including, but not limited
to:
(a) Formulation and implementation of foreign policy and negotiation regard-
ing contingency and post-emergency plans, intergovernmental agreements,
and arrangements with United States' allies;
(b) Formulation. negotiation, and execution of policy affecting the relation-
ships of the United States with neutral states:
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(c) Formulation and execution of political strategy toward hostile or enemy
states;
(d) Conduct of mutual assistance activities;
(e) Provision of foreign assistance, including continuous supervision and
general direction of authorized economic and military assistance programs
(f) Protection or evacuation of United States citizens and nationals abroad and
safeguarding their property abroad, in consultation with the Secretaries of
Defense and Health and Human Services;
(g) Protection of international organizations and foreign diplomatic, consular,
and other official personnel and property, or other assets, in the United States,
in coordination with the Attorney General and the Secretary of the Treasury;
(h) Formulation of policies and provisions for assistance to displaced persons
and refugees abroad;
(i) Maintenance of diplomatic and consular representation abroad; and
(j) Reporting of and advising on conditions overseas that bear upon national
security emergencies.
Sec. 1302. Support Responsibilities. The Secretary of State shall:
(1) Assist appropriate agencies in developing planning assumptions concern-
ing accessibility of foreign sources of supply;
(2) Support the Secretary of the Treasury, in consultation, as appropriate, with
the Secretaries of Commerce and Defense, in the formulation and execution of
economic measures with respect to other nations;
(3) Support the Secretary of Energy in international liaison activities pertain-
ing to nuclear materials facilities;
(4) Support the Director of the Federal Emergency Management Agency in the
coordination and integration of United States policy regarding the formulation
and implementation of civil emergency resources and preparedness planning;
(5) Assist the Attorney General of the United States in the formulation of
national security emergency plans for the control of persons entering or
leaving the United States.
PART 14-Department of Transportation
Sec. 1401. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of Transportation shall:
(1) Develop plans to promulgate and manage overall national policies, pro-
grams, procedures, and systems to meet essential civil and military transpor-
tation needs in national security emergencies;
(2) Be prepared to provide direction to all modes of civil transportation in
national security emergencies, including air, surface, water, pipelines, and
public storage and warehousing, to the extent such responsibility is vested in
the Secretary of Transportation. This direction may include:
(a) Implementation of priorities for all transportation resource requirements
for service, equipment, facilities, and systems;
(b) Allocation of transportation resource capacity; and
(c) Emergency management and control of civil transportation resources and
systems, including privately owned automobiles, urban mass transit, inter-
modal transportation systems, the National Railroad Passenger Corporation
and the St. Lawrence Seaway Development Corporation;
(3) Develop plans to provide for the smooth transition of the Coast Guard as a
service to the Department of the Navy during national security emergencies.
These plans shall be compatible with the Department of Defense planning
systems, especially in the areas of port security and military readiness:
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(4) In coordination with the Secretary of State and the Director of the Federal
Emergency Management Agency, represent the United States in transporta-
tion-related international (including NATO and allied) civil emergency pre-
paredness planning and related activities;
(5) Coordinate with State and local highway agencies in the management of all
Federal, State, city, local, and other highways, roads, streets, bridges, tunnels,
and publicly owned highway maintenance equipment to assure efficient and
safe use of road space during national security emergencies:
(6) Develop plans and procedures in consultation with appropriate agency
officials for maritime and port safety, law enforcement. and security over,
upon, and under the high seas and waters subject to the jurisdiction of the
United States to assure operational readiness for national security emergency
functions;
(7) Develop plans for the emergency operation of U.S. ports and facilities, use
of shipping resources (U.S. and others), provision of government war risks
insurance. and emergency construction of merchant ships for military and civil
use;
(8) Develop plans for emergency management and control of the National
Airspace System, including provision of war risk insurance and for transfer of
the Federal Aviation Administration, in the event of war, to the Department of
Defense:
(9) Coordinate the Interstate Commerce Commission's development of plans
and preparedness programs for the reduction of vulnerability, maintenance,
restoration. and operation of privately owned railroads, motor carriers, inland
waterway transportation systems, and public storage facilities and services in
national security emergencies.
Sec. 1402. Support Responsibility. The Secretary of Transportation shall co-
ordinate with the Secretary of Energy in the planning and management of
transportation resources involved in the bulk movement of energy materials.
PART 15-Department of the Treasury
Sec. 1501. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Secretary of the Treasury shall:
(1) Develop plans to maintain stable economic conditions and a market
economy during national security emergencies; emphasize measures to mini-
mize inflation and disruptions; and, minimize reliance on direct controls of the
monetary, credit. and financial systems. These plans will include provisions
for:
(a) Increasing capabilities to minimize economic dislocations by carrying out
appropriate fiscal. monetary, and regulatory policies and reducing susceptibili-
ty to manipulated economic pressures;
(b) Providing the Federal Government with efficient and equitable financing
sources and payment mechanisms;
(c) Providing fiscal authorities with adequate legal authority to meet resource
requirements;
(d) Developing. in consultation with the Board of Governors of the Federal
Reserve System. and in cooperation with the Board of Directors of the Federal
Deposit Insurance Corporation. the Federal Home Loan Bank Board, the
National Credit Union Administration Board, the Farm Credit Administration
Board and other financial institutions, plans for the continued or resumed
operation and liquidity of banks, savings and loans. credit unions, and farm
credit institutions, measures for the reestablishment of evidence of assets or
liabilities, and provisions for currency withdrawals and deposit insurance:
(2) Provide for the protection of United States financial resources including
currency and coin production and redemption facilities, Federal check dis-
bursement facilities, and precious monetary metals;
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(3) Provide for the preservation of, and facilitate emergency operations of.
public and private financial institution systems, and provide for their restora-
tion during or after national security emergencies;
(4) Provide, in coordination with the Secretary of State, for participation in
bilateral and multilateral financial arrangements with foreign governments:
(5) Maintain the Federal Government accounting and financial reporting
system in national security emergencies;
(6) Develop plans to protect the President. the Vice President, other officers in
the order of presidential succession, and other persons designated by the
President:
(7) Develop plans for restoration of the economy following an attack: for the
development of emergency monetary, credit, and Federal benefit payment
programs of those Federal departments and agencies that have responsibilities
dependent on the policies or capabilities of the Department of the Treasury:
and for the implementation of national policy on sharing war losses:
(8) Develop plans for initiating tax changes, waiving regulations, and. in
conjunction with the Secretary of Commerce or other guaranteeing agency,
granting or guaranteeing loans for the expansion of industrial capacity, the
development of technological processes, or the production or acquisition of
essential materials;
(9) Develop plans, in coordination with the heads of other appropriate Federal
departments and agencies, to acquire emergency imports, make foreign barter
arrangements, or otherwise provide for essential material from foreign sources
using, as appropriate, the resources of the Export-Import Bank or resources
available to the Bank;
(10) Develop plans for encouraging capital inflow and discouraging the flight
of capital from the United States and, in coordination with the Secretary of
State, for the seizure and administration of assets of enemy aliens during
national security emergencies;
(11) Develop plans, in consultation with the heads of appropriate Federal
departments and agencies, to regulate financial and commercial transactions
with other countries;
(12) Develop plans, in coordination with the Secretary of Commerce and the
Attorney General of the United States, to control the movement of property
entering or leaving the United States:
(13) Cooperate and consult with the Chairman of the Securities and Exchange
Commission, the Chairman of the Federal Reserve Board, the Chairman of the
Commodities Futures Trading Commission in the development of emergency
financial control plans and regulations for trading of stocks and commodities.
and in the development of plans for the maintenance and restoration of stable
and orderly markets;
(14) Develop plans, in coordination with the Secretary of State, for the
formulation and execution of economic measures with respect to other nations
in national security emergencies.
Sec. 1502. Support Responsibilities. The Secretary of the Treasury shall:
(1) Cooperate with the Attorney General of the United States on law enforce-
ment activities, including the control of people entering and leaving the United
States:
(2) Support the Secretary of Labor in developing plans and procedures for
wage, salary, and benefit costs stabilization;
(3) Support the Secretary of State in plans for the protection of international
organizations and foreign diplomatic, consular, and other official personnel
and property or other assets in the United States.
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PART 16-Environmental Protection Agency
Sec. 1601. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Administrator of the Environmental Protection
Agency shall:
(1) Develop Federal plans and foster development of State and local plans
designed to prevent or minimize the ecological impact of hazardous agents
(biological, chemical, or radiological) introduced into the environment in
national security emergencies;
(2) Develop, for national security emergencies, guidance on acceptable emer-
gency levels of nuclear radiation, assist in determining acceptable emergency
levels of biological agents, and help to provide detection and identification of
chemical agents;
(3) Develop, in coordination with the Secretary of Defense, plans to assure the
provision of potable water supplies to meet community needs under national
security emergency conditions, including claimancy for materials and equip-
ment for public water systems.
Sec. 1602. Support Responsibilities. The Administrator of the Environmental
Protection Agency shall:
(1) Assist the heads of other Federal agencies that are responsible for develop-
ing plans for the detection, reporting, assessment, protection against, and
reduction of effects of hazardous agents introduced into the environment;
(2) Advise the heads of Federal departments and agencies regarding proce-
dures for assuring compliance with environmental restrictions and for expedi-
tious review of requests for essential waivers.
PART 17-Federal Emergency Management Agency
Sec. 1701. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Director of the Federal Emergency Management
Agency shall:
(1) Coordinate and support the initiation, development, and implementation of
national security emergency preparedness programs and plans among Federal
departments and agencies;
(2) Coordinate the development and implementation of plans for the operation
and continuity of essential domestic emergency functions of the Federal
Government during national security emergencies;
(3) Coordinate the development of plans, in cooperation with the Secretary of
Defense, cies; for mutual civil-military support during national security emergen-
(4) Guide and assist State and local governments and private sector organiza-
tions in achieving preparedness for national security emergencies, including
development of plans and procedures for assuring continuity of government,
and support planning for prompt and coordinated Federal assistance to States
and localities in responding to national security emergencies;
(5) Provide the President a periodic assessment of Federal, State, and local
capabilities to respond to national security emergencies;
(6) Coordinate the implementation of policies and programs for efficient
mobilization of Federal, State, local, and private sector resources in response
to national security emergencies;
(7) Develop and coordinate with all appropriate agencies civil defense pro-
grams to enhance Federal, State, local, and private sector capabilities for
national security emergency crisis management, population protection, and
recovery in the event of an attack on the United States:
(8) Develop and support public information, education and training programs
to assist Federal, State, and local government and private sector entities in
planning for and implementing national security emergency preparedness
programs;
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(9) Coordinate among the heads of Federal, State, and local agencies the
planning, conduct, and evaluation of national security emergency exercises:
(10) With the assistance of the heads of other appropriate Federal depart-
ments and agencies, develop and maintain capabilities to assess actual attack
damage and residual recovery capabilities as well as capabilities to estimate
the effects of potential attacks on the Nation;
(11) Provide guidance to the heads of Federal departments and agencies on the
appropriate use of defense production authorities, including resource clai-
mancy, in order to improve the capability of industry and infrastructure
systems to meet national security emergency needs:
(12) Assist the Secretary of State in coordinating the formulation and imple-
mentation of United States policy for NATO and other allied civil emergency
planning, including the provision of:
(a) advice and assistance to the departments and agencies in alliance civil
emergency planning matters;
(b) support to the United States Mission to NATO in the conduct of day-to-day
civil emergency planning activities; and
(c) support facilities for NATO Civil Wartime Agencies in cooperation with
the Departments of Agriculture, Commerce, Energy, State, and Transportation.
Sec. 1702. Support Responsibilities. The Director of the Federal Emergency
Management Agency shall:
(1) Support the heads of other Federal departments and agencies in preparing
plans and programs to discharge their national security emergency prepared-
ness responsibilities, including, but not limited to, such programs as mobiliza-
tion preparedness, continuity of government planning, and continuance of
industry and infrastructure functions essential to national security;
(2) Support the Secretary of Energy, the Secretary of Defense, and the Mem-
bers of the Nuclear Regulatory Commission in developing plans and capabili-
ties for identifying, analyzing, mitigating, and responding to emergencies
related to nuclear weapons, materials, and devices, including mobile and fixed
nuclear facilities, by providing, inter alia, off-site coordination;
(3) Support the Administrator of General Services in efforts to promote a
government-wide program with respect to Federal buildings and installations
to minimize the effects of attack and establish shelter management organiza-
tions.
PART 18-General Services Administration
Sec. 1801. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2. the Administrator of General Services shall:
(1) Develop national security emergency plans and procedures for the oper-
ation, maintenance, and protection of federally owned and occupied buildings
managed by the General Services Administration, and for the construction.
alteration, and repair of such buildings;
(2) Develop national security emergency operating procedures for the control,
acquisition, leasing, assignment, and priority of occupancy of real property by
the Federal Government, and by State and local governments acting as agents
of the Federal Government, except for the military facilities and facilities with
special nuclear materials within the jurisdiction of the Departments of Defense
and Energy;
(3) Develop national security emergency operational plans and procedures for
the use of public utility services (other than telecommunications services) by
Federal departments and agencies, except for Department of Energy-operated
facilities;
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(4) Develop plans and operating procedures of government-wide supply pro-
grams to meet the requirements of Federal departments and agencies during
national security emergencies;
(5) Develop plans and operating procedures for the use, in national security
emergencies, of excess and surplus real and personal property by Federal,
State, and local governmental entities:
(6) Develop plans, in coordination with the Director of the Federal Emergency
Management Agency, with respect to Federal buildings and installations, to
minimize the effects of attack and establish shelter management organiza-
tions.
Sec. 1802. Support Responsibility. The Administrator of General Services shall
develop plans to assist Federal departments and agencies in operation and
maintenance of essential automated information processing facilities during
national security emergencies.
PART 19-National Aeronautics and Space Administration
Sec. 1901. Lead Responsibility. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Administrator of the National Aeronautics and
Space Administration shall coordinate with the Secretary of Defense to
prepare for the use, maintenance, and development of technologically ad-
vanced aerospace and aeronautical-related systems, equipment, and method-
ologies applicable to national security emergencies.
PART 20-National Archives and Records Administration
Sec. 2001. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Archivist of the United States shall:
(1) Develop procedures for publication during national security emergencies of
the Federal Register for as broad public dissemination as is practicable of
presidential proclamations and Executive orders, Federal administrative regu-
lations, Federal emergency notices and actions, and Acts of Congress:
(2) Develop emergency procedures for providing instructions and advice on
the handling and preservation of records critical to the operation of the
Federal Government in national security emergencies.
PART 21-Nuclear Regulatory Commission
Sec. 2101. Lead Responsibilities. In addition to the applicable responsibilities
shall: covered in Parts 1 and 2, the Members of the Nuclear Regulatory Commission
(1) Promote the development and maintenance of national security emergency
preparedness programs through security and safeguards programs by licensed
facilities and activities;
(2) Develop plans to suspend any licenses granted by the Commission: to
order the operations of any facility licensed under Section 103 or 104; Atomic
Energy Act of 1954, as amended (42 U.S.C. 2133 or 2134); to order the entry into
any plant or facility in order to recapture special nuclear material as deter-
mined under Subsection (3) below: and operate such facilities;
(3) Recapture or authorize recapture of special nuclear materials from licens-
ees where necessary to assure the use, preservation, or safeguarding of such
materials for the common defense and security, as determined by the Commis-
sion or as requested by the Secretary of Energy.
Sec. 2102. Support Responsibilities. The Members of the Nuclear Regulatory
Commission shall:
(1) Assist the Secretary of Energy in assessing damage to Commission-
licensed facilities, identifying useable facilities, and estimating the time and
actions necessary to restart inoperative facilities;
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(2) Provide advice and technical assistance to Federal, State, and local
officials and private sector organizations regarding radiation hazards and
protective actions in national security emergencies.
PART 22-Office of Personnel Management
Sec. 2201. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Director of the Office of Personnel Management
shall:
(1) Prepare plans to administer the Federal civilian personnel system in
national security emergencies, including plans and procedures for the rapid
mobilization and reduction of an emergency Federal workforce;
(2) Develop national security emergency work force policies for Federal
civilian personnel;
(3) Develop plans to accommodate the surge of Federal personnel security
background and pre-employment investigations during national security emer-
gencies.
Sec. 2202. Support Responsibilities. The Director of the Office of Personnel
Management shall:
(1) Assist the heads of other Federal departments and agencies with personnel
management and staffing in national security emergencies, including facilitat-
ing transfers between agencies of employees with critical skills;
(2) In consultation with the Secretary of Defense and the Director of Selective
Service, develop plans and procedures for a system to control any conscrip-
tion of Federal civilian employees during national security emergencies.
PART 23-Selective Service System
Sec. 2301. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Director of Selective Service shall:
(1) Develop plans to provide by induction, as authorized by law, personnel
that would be required by the armed forces during national security emergen-
cies;
(2) Develop plans for implementing an alternative service program.
PART 24-Tennessee Valley Authority
Sec. 2401. Lead Responsibility. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Board of Directors of the Tennessee Valley
Authority shall develop plans and maintain river control operations for the
prevention or control of floods affecting the Tennessee River System during
national security emergencies.
Sec. 2402. Support Responsibilities. The Board of Directors of the Tennessee
Valley Authority shall:
(1) Assist the Secretary of Energy in the development of plans for the
integration of the Tennessee Valley Authority power system into nationwide
national security emergency programs;
(2) Assist the Secretaries of Defense, Interior, and Transportation and the
Chairman of the Interstate Commerce Commission in the development of
plans for operation and maintenance of inland waterway transportation in the
Tennessee River System during national security emergencies.
PART 25-United States Information Agency
Sec. 2501. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Director of the United States Information Agency
shall:
(1) Plan for the implementation of information programs to promote an
understanding abroad of the status of national security emergencies within the
United States;
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(2) In coordination with the Secretary of State's exercise of telecommunica-
tions functions affecting United States diplomatic missions and consular
offices overseas, maintain the capability to provide television and simultane-
ous direct radio broadcasting in major languages to all areas of the world, and
the capability to provide wireless file to all United States embassies during
national security emergencies.
Sec. 2502. Support Responsibility. The Director of the United States Informa-
tion Agency shall assist the heads of other Federal departments and agencies
in planning for the use of media resources and foreign public information
programs during national security emergencies.
PART 26-United States Postal Service
Sec. 2601. Lead Responsibility. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Postmaster General shall prepare plans and
programs to provide essential postal services during national security emer-
gencies.
Sec. 2602. Support Responsibilities. The Postmaster General shall:
(1) Develop plans to assist the Attorney General of the United States in the
registration of nationals of enemy countries residing in the Untied States:
(2) Develop plans to assist the Secretary of Health and Human Services in
registering displaced persons and families;
(3) Develop plans to assist the heads of other Federal departments and
agencies in locating and leasing privately owned property for Federal use
during national security emergencies.
PART 27-Veterans' Administration
Sec. 2701. Lead Responsibilities. In addition to the applicable responsibilities
covered in Parts 1 and 2, the Administrator of Veterans' Affairs shall:
(1) Develop plans for provision of emergency health care services to veteran
beneficiaries in Veterans' Administration medical facilities, to active duty
military personnel and, as resources permit, to civilians in communities
affected by national security emergencies;
(2) Develop plans for mortuary services for eligible veterans, and advise on
methods for interment of the dead during national security emergencies.
Sec. 2702. Support Responsibilities. The Administrator of Veterans' Affairs
shall:
(1) Assist the Secretary of Health and Human Services in promoting the
development of State and local plans for the provision of medical services in
national security emergencies, and develop appropriate plans to support such
State and local plans;
(2) Assist the Secretary of Health and Human Services in developing national
plans to mobilize the health care industry and medical resources during
national security emergencies;
(3) Assist the Secretary of Health and Human Services in developing national
plans to set priorities and allocate medical resources among civilian and
military claimants.
PART 28-Office of Management and Budget
Sec. 2801. In addition to the applicable responsibilities covered in Parts 1 and
2. the Director of the Office of Management and Budget shall prepare plans
and programs to maintain its functions during national security emergencies.
In connection with these functions. the Director of the Office of Management
and Budget shall:
(1) Develop plans to ensure the preparation, clearance. and coordination of
proposed Executive orders and proclamations;
47512 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents
(2) Prepare plans to ensure the preparation, supervision. and control of the
budget and the formulation of the fiscal program of the Government;
(3) Develop plans to coordinate and communicate Executive branch views to
the Congress regarding legislation and testimony by Executive branch offi-
cials;
(4) Develop plans for keeping the President informed of the activities of
government agencies, continuing the Office of Management and Budget's
management functions, and maintaining presidential supervision and direction
with respect to legislation and regulations in national security emergencies.
PART 29-General
Sec. 2901. Executive Order Nos. 10421 and 11490, as amended, are hereby
revoked. This Order shall be effective immediately.
Ronald Reagan
THE WHITE HOUSE,
November 18, 1988.
[FR Doc. 88-27194
Filed 11-21-88; 1:08 pm)
Billing code 6718-21-M
Federal Register / Vul. 52. No. 191 i Friday. October 2. 1987 / Presidential Documents
36901
Presidential Documents
Executive Order 12610 of September 30. 1987
Continuance of Certain Federal Advisory Committees
By the authority vested in me as President by the Constitution and statutes of
the United States of America. and in accordance with the provisions of the
Federal Advisory Committee Act. as amended (5 U.S.C., App.). it is hereby
ordered as follows:
Section 1. Each Advisory Committee listed below is continued until September
30, 1989:
(a) Advisory Committee on Small and Minority Business Ownership: Execu-
tive Order No. 12190 (Small Business Administration).
(b) Committee for the Preservation of the White House: Executive Order No.
11145, as amended (Department of the Interior).
(c) Federal Advisory Council on Occupational Safety and Health: Executive
Order No. 12196, as amended (Department of Labor).
(d) President's Committee on White House Fellowships: Executive Order No.
11183, as amended (Office of Personnel Management).
(e) President's Committee on the International Labor Organization: Executive
Order No. 12216 (Department of Labor).
(f) President's Committee on Mental Retardation: Executive Order No. 11776
(Department of Health and Human Services).
(g) President's Committee on the National Medal of Science; Executive Order
No. 11287, as amended (National Science Foundation).
(h) President's Council on Physical Fitness and Sports; Executive Order No.
12345, as amended (Department of Health and Human Services).
(i) President's Economic Policy Advisory Board; Executive Order No. 12296
(Office of Policy Development).
(j) President's Export Council: Executive Order No. 12131, as amended (De-
partment of Commerce).
(k) President's National Security Telecommunications Advisory Committee:
Executive Order No. 12382, as amended (Department of Defense).
Sec. 2. Notwithstanding the provisions of any other Executive order. the
functions of the President under the Federal Advisory Committee Act that are
applicable to the committees listed in Section 1 of this Order, except that of
reporting annually to the Congress. shall be performed by the head of the
department or agency designated after each committee, in accordance with
guidelines and procedures established by the Administrator of General Serv-
ices.
Sec. 3. The following Executive Orders, which established committees that
have terminated or whose work is completed. are revoked:
(a) Executive Order No. 12490, establishing the National Commission on
Space.
(b) Executive Order No. 12427, establishing the President's Advisory Council
on Private Sector Initiatives.
(c) Executive Order No. 12526, establishing the President's Blue Ribbon Com-
mission on Defense Management.
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Federal Register / Vol. 52. No. 191 / Friday. October 2. 1987 / Presidential Documents
(d) Executive Order No. 12511, establishing the President's Child Safety
Partnership.
(e) Executive Order No. 12503, as amended by Executive Order No. 12529.
establishing the President's Commission on Americans Outdoors.
(f) Executive Order No. 12435. establishing the President's Commission on
Organized Crime.
(g) Executive Order No. 12575, establishing the President's Special Review
Board.
(h) Executive Order No. 12546, establishing the Presidential Commission on
the Space Shuttle Challenger Accident.
Sec. 4. Executive Order No. 12534 is superseded.
Sec. 5. This Order shall be effective September 30, 1987.
Ronald Reagan
THE WHITE HOUSE,
Washington, September 30, 1987.
[FR Doc. 87-23004
Filed 10-1-87: 11.56 am]
Billing code 3195-01-M
Federal Register / Vol. 49, No. 67 / Thursday, April 5, 1984 / Presidential Documents
13471
Presidential Documents
Executive Order 12472 of April 3, 1964
Assignment of National Security and Emergency Preparedness
Telecommunications Functions
By the authority vested in me as President by the Constitution and laws of the
United States of America, including the Communications Act of 1934, as
amended (47 U.S.C. 151), the National Security Act of 1947, as amended. the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061), the Federal
Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251), the Disaster
Relief Act of 1974 (42 U.S.C. 5121), Section 5 of Reorganization Plan No. 1 of
1977 (3 C.F.R. 197, 1978 Comp.). and Section 203 of Reorganization Plan No. 3
of 1978 (3 C.F.R. 389, 1978 Comp.), and in order to provide for the consolidation
of assignment and responsibility for improved execution of national security
and emergency preparedness telecommunications functions, it is hereby or-
dered as follows:
Section 1. The National Communications System. (a) There is hereby estab-
lished the National Communications System (NCS). The NCS shall consist of
the telecommunications assets of the entities represented on the NCS Commit-
tee of Principals and an administrative structure consisting of the Executive
Agent, the NCS Committee of Principals and the Manager. The NCS Commit-
tee of Principals shall consist of representatives from those Federal depart-
ments, agencies or entities, designated by the President, which lease or own
telecommunications facilities or services of significance to national security or
emergency preparedness, and, to the extent permitted by law, other Executive
entities which bear policy, regulatory or enforcement responsibilities of impor-
tance to national security or emergency preparedness telecommunications
capabilities.
(b) The mission of the NCS shall be to assist the President, the National
Security Council, the Director of the Office of Science and Technology Policy
and the Director of the Office of Management and Budget in:
(1) the exercise of the telecommunications functions and responsibilities set
forth in Section 2 of this Order: and
(2) the coordination of the planning for and provision of national security and
emergency preparedness communications for the Federal government under
all circumstances, including crisis or emergency, attack, recovery and recon-
stitution.
(c) The NCS shall seek to ensure that a national telecommunications infra-
structure is developed which:
(1) Is responsive to the national security and emergency preparedness needs
of the President and the Federal departments. agencies and other entities,
including telecommunications in support of national security leadership and
continuity of government;
(2) Is capable of satisfying priority telecommunications requirements under all
circumstances through use of commercial, government and privately owned
telecommunications resources;
(3) Incorporates the necessary combination of hardness. redundancy, mobility,
connectivity, interoperability, restorability and security to obtain, to the maxi-
mum extent practicable, the survivability of national security and emergency
13472
Federal Register / Vol. 49, No. 67 / Thursday, April 5, 1984 / Presidential Documents
preparedness telecommunications in all circumstances, including conditions of
crisis or emergency; and
(4) Is consistent, to the maximum extent practicable, with other national
telecommunications policies.
(d) To assist in accomplishing its mission, the NCS shall:
(1) serve as a focal point for joint industry-government national security and
emergency preparedness telecommunications planning: and
(2) establish a joint industry-government National Coordinating Center which
is capable of assisting in the initiation, coordination, restoration and reconsti-
tution of national security or emergency preparedness telecommunications
services or facilities under all conditions of crisis or emergency.
(e) The Secretary of Defense is designated as the Executive Agent for the NCS.
The Executive Agent shall:
(1) Designate the Manager of the NCS;
(2) Ensure that the NCS conducts unified planning and operations, in order to
coordinate the development and maintenance of an effective and responsive
capability for meeting the domestic and international national security and
emergency preparedness telecommunications needs of the Federal govern-
ment;
(3) Ensure that the activities of the NCS are conducted in conjunction with the
emergency management activities of the Federal Emergency Management
Agency;
(4) Recommend, in consultation with the NCS Committee of Principals, to the
National Security Council, the Director of the Office of Science and Technol-
ogy Policy, or the Director of the Office of Management and Budget, as
appropriate:
a. The assignment of implementation or other responsibilities to NCS member
entities;
b. New initiatives to assist in the exercise of the functions specified in Section
2; and
C. Changes in the composition or structure of the NCS;
(5) Oversee the activities of and provide personnel and administrative support
to the Manager of the NCS;
(6) Provide staff support and technical assistance to the National Security
Telecommunications Advisory Committee established by Executive Order No.
12382, as amended; and
(7) Perform such other duties as are from time to time assigned by the
President or his authorized designee.
(f) The NCS Committee of Principals shall:
(1) Serve as the forum in which each member of the Committee may review,
evaluate, and present views, information and recommendations concerning
ongoing or prospective national security or emergency preparedness telecom-
munications programs or activities of the NCS and the entities represented on
the Committee:
(2) Serve as the forum in which each member of the Committee shall report on
and explain ongoing or prospective telecommunications plans and programs
developed or designed to achieve national security or emergency prepared-
ness telecommunications objectives;
(3) Provide comments or recommendations, as appropriate, to the National
Security Council, the Director of the Office of Science and Technology Policy,
the Director of the Office of Management and Budget, the Executive Agent, or
the Manager of the NCS, regarding ongoing or prospective activities of the
NCS; and
Federal Register / Vol 49, No. 67 / Thursday. April 5. 1964 / Presidential Documents
13473
(4) Perform such other duties as are from time to time assigned by the
President or his authorized designee.
(g) The Manager of the NCS shall:
(I) Develop for consideration by the NCS Committee of Principals and the
Executive Agent:
a. A recommended evolutionary telecommunications architecture designed to
meet current and future Federal government national security and emergency
preparedness telecommunications requirements:
b. Plans and procedures for the management, allocation and use, including the
establishment of priorities or preferences, of Federally owned or leased
telecommunications assets under all conditions of crisis or emergency;
c. Plans, procedures and standards for minimizing or removing technical
impediments to the interoperability of government-owned and/or commercial-
ly-provided telecommunications systems:
d. Test and exercise programs and procedures for the evaluation of the
capability of the Nation's telecommunications resources to meet national
security or emergency preparedness telecommunications requirements; and
e. Alternative mechanisms for funding, through the budget review process.
national security or emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities. Those mech-
anisms recommended by the NCS Committee of Principals and the Executive
Agent shall be submittted to the Director of the Office of Management and
Budget.
(2) Implement and administer any approved plans or programs as assigned,
including any system of priorities and preferences for the provision of commu-
nications service, in consultation with the NCS Committee of Principals and
the Federal Communications Commission, to the extent practicable or other-
wise required by law or regulation:
(3) Chair the NCS Committee of Principals and provide staff support and
technical assistance thereto;
(4) Serve as a focal point for joint industry-government planning. including the
dissemination of technical information. concerning the national security or
emergency perparedness telecommunications requirements of the Federal gov-
erament;
(5) Conduct technical studies or analyses, and examine research and develop-
ment programs, for the purpose of identifying. for consideration by the NCS
Committee of Principals and the Executive Agent, improved approaches which
may assist Federal entities in fulfilling national security or emergency prepar-
edness telecommunications objectives;
(6) Pursuant to the Federal Standardization Program of the General Services
Administration and in consultation with other appropriate entities of the
Federal government including the NCS Committee of Principals, manage the
Federal Telecommunications Standards Program, ensuring wherever feasible
that existing or evolving industry. national, and international standards are
used as the basis for Federal telecommunications standards: and
(7) Provide such reports and perform such other duties as are from time to time
assigned by the President or his authorized designee, the Executive Agent, or
the NCS Committee of Principals. Any such assignments of responsibility to.
or reports made by. the Manager shall be transmitted through the Executive
Agent.
Sec. 2 Executive Office Responsibilities. (a) Wartime Emergency Functions.
(1) The National Security Council shall provide policy direction for the
exercise of the war power functions of the President under Section 606 of the
Communications Act of 1934, as amended (47 U.S.C. 606), should the President
13474
Federal Register / Vol. 49, No. 67 / Thursday, April 5, 1984 / Presidential Documents
issue implementing instructions in accordance with the National Emergencies
Act (50 U.S.C. 1601).
(2) The Director of the Office of Science and Technology Policy shall direct the
exercise of the war power functions of the President under Section 606 (a), (c)-
(e), of the Communications Act of 1934, as amended (47 U.S.C. 606), should the
President issue implementing instructions in accordance with the National
Emergencies Act (50 U.S.C. 1601).
(b) Non-Wartime Emergency Functions. (1) The National Security Council
shall:
a. Advise and assist the President in coordinating the development of policy.
plans, programs and standards within the Federal government for the identifi-
cation, allocation, and use of the Nation's telecommunications resources by
the Federal government, and by State and local governments, private industry
and volunteer organizations upon request, to the extent practicable and
otherwise consistent with law, during those crises or emergencies in which the
exercise of the President's war power functions is not required or permitted by
law; and
b. Provide policy direction for the exercise of the President's non-wartime
emergency telecommunications functions, should the President so instruct.
(2) The Director of the Office of Science and Technology Policy shall provide
information, advice, guidance and assistance, as appropriate, to the President
and to those Federal departments and agencies with responsibilities for the
provision, management, or allocation of telecommunications resources, during
those crises or emergencies in which the exercise of the President's war power
functions is not required or permitted by law;
(3) The Director of the Office of Science and Technology Policy shall establish
a Joint Telecommunications Resources Board (JTRB) to assist him in the
exercise of the functions specified in this subsection. The Director of the
Office of Science and Technology Policy shall serve as chairman of the JTRB;
select those Federal departments, agencies, or entities which shall be mem-
bers of the JTRB; and specify the functions it shall perform.
(c) Planning and Oversight Responsibilities. (1) The National Security Council
shall advise and assist the President in:
a. Coordinating the development of policy, plans, programs and standards for
the mobilization and use of the Nation's commercial, government, and private-
ly owned telecommunications resources, in order to meet national security or
emergency preparedness requirements;
b. Providing policy oversight and direction of the activities of the NCS; and
c. Providing policy oversight and guidance for the execution of the responsibil-
ities assigned to the Federal departments and agencies by this Order.
(2) The Director of the Office of Science and Technology Policy shall make
recommendations to the President with respect to the test, exercise and
evaluation of the capability of existing and planned communications systems,
networks or facilities to meet national security or emergency preparedness
requirements and report the results of any such tests or evaluations and any
recommended remedial actions to the President and to the National Security
Council:
(3) The Director of the Office of Science and Technology Policy or his designee
shall advise and assist the President in the administration of a system of radio
spectrum priorities for those spectrum dependent telecommunications re-
sources of the Federal government which support national security or emer-
gency preparedness functions. The Director also shall certify or approve
priorities for radio spectrum use by the Federal government, including the
resolution of any conflicts in or among priorities, under all conditions of crisis
or emergency; and
Federal Register / Vol. 49. Na 57 / Thursday, April 5, 1964 1 Presidential Documents
13475
(4) The National Security Council, the Director of the Office of Science and
Technology Policy and the Director of the Office of Management and Budget
shall, in consultation with the Executive Agent for the NCS and the NCS
Committee of Principals, determine what constitutes national security and
emergency preparedness telecommunications requirements.
(d) Consultation with Federal Departments and Agencies. In performing the
functions assigned under this Order, the National Security Council and the
Director of the Office of Science and Technology Policy, in consultation with
each other, shall:
(1) Consult, as appropriate, with the Director of the Office of Management and
Budget; the Director of the Federal Emergency Management Agency with
respect to the emergency management responsibilities assigned pursuant to
Executive Order No. 12148, as amended; the Secretary of Commerce, with
respect to responsibilities assigned pursuant to Executive Order No. 12046; the
Secretary of Defense, with respect to communications security responsibilities
assigned pursuant to Executive Order No. 12333; and the Chairman of the
Federal Communications Commission or his authorized designee; and
(2) Establish arrangements for consultation among all interested Federal
departments, agencies or entities to ensure that the national security and
emergency preparedness communications needs of all Federal government
entities are identified; that mechanisms to address such needs are incorporat-
ed into pertinent plans and procedures: and that such needs are met in a
manner consistent, to the maximum extent practicable, with other national
telecommunications policies.
(e) Budgetary Guidelines. The Director of the Office of Management and
Budget, in consultation with the National Security Council and the NCS, will
prescribe general guidelines and procedures for reviewing the financing of the
NCS within the budgetary process and for preparation of budget estimates by
participating agencies. These guidelines and procedures may provide for
mechanisms for funding, through the budget review process, national security
and emergency preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities.
Sec. 3. Assignment of Responsibilities to Other Departments and Agencies. In
order to support and enhance the capability to satisfy the national security
and emergency preparedness telecommunications needs of the Federal gov-
ernment, State and local governments, private industry and volunteer organi-
zations, under all circumstances including those of crisis or emergency, the
Federal departments and agencies shall perform the following functions:
(a) Department of Commerce. The Secretary of Commerce shall, for all
conditions of crisis or emergency: (1) Develop plans and procedures concern-
ing radio spectrum assignments, priorities and allocations for use by Federal
departments, agencies and entities; and
(2) Develop, maintain and publish policy, plans, and procedures for the control
and allocation of frequency assignments, including the authority to amend,
modify or revoke such assignments, in those parts of the electromagnetic
spectram assigned to the Federal government.
(b) Federal Emergency Management Agency. The Director of the Federal
Emergency Management Agency shall:
(1) Plan for and provide, operate and maintain telecommunications services
and facilities, as part of its National Emergency Management System, ade-
quate to support its assigned emergency management responsibilities;
(2) Advise and assist State and local governments and volunteer organiza-
tions, upon request and to the extent consistent with law, in developing plans
and procedares for identifying and satisfying their national security or emer-
gency preparedness telecommunications requirements;
(3) Ensure. to the maximum extent practicable, that national security and
emergency preparedness telecommunications planning by State and local
13476
Federal Register / Vol. 49, No. 67 / Thursday, April 5, 1984 / Presidential Documents
governments and volunteer organizations is mutually supportive and consist-
ent with the planning of the Federal government; and
(4) Develop, upon request and to the extent consistent with law and in
consonance with regulations promulgated by and agreements with the Federal
Communications Commission, plans and capabilities for, and provide policy
and management oversight of, the Emergency Broadcast System. and advise
and assist private radio licensees of the Commission in developing emergency
communications plans, procedures and capabilities.
(c) Department of State. The Secretary of State, in accordance with assigned
responsibilities within the Diplomatic Telecommunications System. shall plan
for and provide, operate and maintain rapid, reliable and secure telecommuni-
cations services to those Federal entities represented at United States diplo-
matic missions and consular offices overseas. This responsibility shall include
the provision and operation of domestic telecommunications in support of
assigned national security or emergency preparedness responsibilities.
(d) Department of Defense. In addition to the other responsibilities assigned
by this Order, the Secretary of Defense shall:
(1) Plan for and provide, operate and maintain telecommunications services
and facilities adequate to support the National Command Authorities and to
execute the responsibilities assigned by Executive Order No. 12333; and
(2) Ensure that the Director of the National Security Agency provides the
technical support necessary to develop and maintain plans adequate to
provide for the security and protection of national security and emergency
preparedness telecommunications.
(e) Department of Justice. The Attorney General shall, as necessary, review
for legal sufficiency, including consistency with the antitrust laws, all policies,
plans or procedures developed pursuant to responsibilities assigned by this
Order.
(f) Central Intelligence Agency. The Director of Central Intelligence shall plan
for and provide, operate, and maintain telecommunications services adequate
to support its assigned responsibilities, including the dissemination of intelli-
gence within the Federal government.
(g) General Services Administration. Except as otherwise assigned by this
Order, the Administrator of General Services, consistent with policy guidance
provided by the Director of the Office of Management and Budget, shall
ensure that Federally owned or managed domestic communications facilities
and services meet the national security and emergency preparedness require-
ments of the Federal civilian departments, agencies and entities.
(h) Federal Communications Commission. The Federal Communications Com-
mission shall, consistent with Section 4(c) of this Order:
(1) Review the policies, plans and procedures of all entities licensed or
regulated by the Commission that are developed to provide national security
or emergency preparedness communications services, in order to ensure that
such policies, plans and procedures are consistent with the public interest,
convenience and necessity;
(2) Perform such functions as required by law with respect to all entities
licensed or regulated by the Commission, including (but not limited to) the
extension, discontinuance or reduction of common carrier facilities or serv-
ices: the control of common carrier rates, charges, practices and classifica-
tions; the construction, authorization, activation, deactivation or closing of
radio stations, services and facilities; the assignment of radio frequencies to
Commission licensees; the investigation of violations of pertinent law and
regulation; and the initiation of apppropriate enforcement actions;
(3) Develop policy, plans and procedures adequate to execute the responsibil-
ities assigned in this Order under all conditions or crisis or emergency; and
Federal Register / Vol. 49, No. 67 / Thursday, April 5. 1984 / Presidential Documents
13477
(4) Consult as appropriate with the Executive Agent for the NCS and the NCS
Committee of Principals to ensure continued coordination of their respective
national security and emergency preparedness activities.
(i) All Federal departments and agencies, to the extent consistent with law
(including those authorities and responsibilities set forth in Section 4(c) of this
Order). shall:
(1) Determine their national security and emergency preparedness telecommu-
nications requirements, and provide information regarding such requirements
to the Manager of the NCS;
(2) Prepare policies, plans and procedures concerning telecommunications
facilities, services or equipment under their management or operational con-
trol to maximize their capability of responding to the national security or
emergency preparedness needs of the Federal government;
(3) Provide, after consultation with the Director of the Office of Management
and Budget, resources to support their respective requirements for national
security and emergency preparedness telecommunications: and provide per-
sonnel and staff support to the Manager of the NCS as required by the
President;
(4) Make information available to, and consult with, the Manager of the NCS
regarding agency telecommunications activities in support of national security
or emergency preparedness;
(5) Consult. consistent with the provisions of Executive Order No. 12046, as
amended, and in conjunction with the Manager of the NCS, with the Federal
Communications Commission regarding execution of responsibilities assigned
by this Order:
(6) Submit reports annually. or as otherwise requested. to the Manager of the
NCS, regarding agency national security or emergency preparedness telecom-
munications activities; and
(7) Cooperate with and assist the Executive Agent for the NCS, the NCS
Committee of Principals, the Manager of the NCS, and other departments and
agencies in the execution of the functions set forth in this Order, furnishing
them such information, support and assistance as may be required.
(j) Each Federal department or agency shall execute the responsibilities
assigned by this Order in conjunction with the emergency management activi-
ties of the Federal Emergency Management Agency, and in regular consulta-
tion with the Executive Agent for the NCS and the NCS Committee of
Principals to ensure continued coordination of NCS and individual agency
telecommunications activities.
Sec. 4. General Provisions. (a) All Executive departments and agencies may
issue such rules and regulations as may be necessary to carry out the
functions assigned under this Order.
(b) In order to reflect the assignments of responsibility provided by this Order,
(1) Sections 2-414. 4-102, 4-103, 4-202, 4-302, 5-3, and 6-101 of Executive
Order No. 12046, as amended. are revoked:
(2) The Presidential Memorandum of August 21, 1963, as amended, entitled
"Establishment of the National Communications System". is hereby supersed-
ed: and
(3) Section 2-411 of Executive Order No. 12046, as amended. is further
amended by deleting the period and inserting' ", except as otherwise provided
by Executive Order No. and inserting the number assigned to this Order.
(c) Nothing in this Order shall be deemed to affect the authorities or responsi-
bilities of the Director of the Office of Management and Budget, or any Office
or official thereof; or reassign any function assigned any agency under the
Federal Property and Administrative Services Act of 1949, as amended; or
13478 Federal Register / Vol. 40, No. 67 / Thursday, April 5, 1964 / Presidential Documents
under any other law; or any function vested by law in the Federal Communi-
cations Commission.
Sec. 5. This Order shall be effective upon publication in the Federal Register.
Ronald Reagan
THE WHITE HOUSE.
April 3, 1964.
(FR Dec. 04-0005
Flied - 1
Billing code 3786-01-M
20105
Federal Register
Presidential Documents
Voi. 47. No. 91
Tuesday. May 11. 1982
Title 3-
Order of May 7, 1982
The President
National Security Information
Pursuant to the provisions of Section 12 of Executive Order No. 12356 of April
2. 1982. entitled "National Security Information." I hereby designate the
following officials to classify information originally as "Top Secret", "Secret".
or "Confidential":
TOP SECRET
EXECUTIVE OFFICE OF THE PRESIDENT:
The Vice President
The Counsellor to the President
The Chief of Staff and Assistant to the President
The Deputy Chief of Staff and Assistant to the President
The Director. Office of Management and Budget
The United States Trade Representative
The Assistant to the President for National Security Affairs
The Director. Office of Science and Technology Policy
The Chairman, The President's Foreign Intelligence Advisory Board
The Chairman, The President's Inteiligence Oversight Board
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General
The Secretary of Energy
The Chairman. Nuclear Regulatory Commission
The Director. United States Arms Control and Disarmament Agency
The Director of Central Intelligence
The Administrator. National Aeronautics and Space Administration
The Administrator of General Services
The Director. Federal Emergency Management Agency
SECRET
EXECUTIVE OFFICE OF THE PRESIDENT.
The Chairman. Council of Economic Advisers
The President's Personal Representative for Micronesian Status Negotiations
succusy. May 11. 1906 / Presidential Documents
The Secretary of Commerce
The Secretary of Transportation
The Administrator. Agency for international Development
The Director. International Communication Agency
CONFIDENTIAL
The President. Export-Import Bank of the United States
The President. Overseas Private Investment Corporation
The Administrator. Environmental Protection Agency
Any deiegation of this authority shall be in accordance with Section 1.2(d)
the Order.
This Order shall be published in the Federal Register.
Ronald Reagon
THE WHITE HOUSE.
May 7, 1982
FR Doc. 52-12391
Filed 5-7-12 1:30 pml
Billing code 3126-J1-M
15557
-
Federal Register
Presidential Documents
47, No. 70
iday, April 12. 1982
Title 3-
Executive Order 12356 of April 2, 1982
The President
National Security Information
Correction
In the April 6, 1982 issue of the Federal Register. there appear on pages 14875.
14876, 14878, 14882 and 14883 incorrect references to "Section 5.3(a)(1)" of
Executive Order 12356 of April 2, 1982. All references on these pages to
"Section 5.3(a)(1)"-should read "Section 5.3(a)."
Richard A. Hauser
Deputy Counsel to the President
April 8, 1982.
FR Doc. 82-10124
Filed 1-9-82: 9:11 am]
Billing code 3195-01-M
Tuesday
April 6, 1982
Part IV
The President
Executive Order 12356-
National Security Information
14874
Federal Register
Presidential Documents
Vol. 47, No. 68
Tuesday, April 6, 1982
Title 3-
Executive Order 12356 of April 2, 1982
The President
National Security Information
TABLE OF CONTENTS
/FR
Page]
Preamble
[14874]
Part 1. Original Classification
1.1
Classification Levels
[14874]
1.2
Classification Authority
[14874]
Classification Categories
14875]
1.3
Duration of Classification
[14876]
1.4
1.5
Identification and Markings
[14877]
1.6
Limitations on Classification
[14877]
Part 2. Derivative Classification
2.1
Use of Derivative Classification
[14878]
2.2
Classification Guides
[14878]
Part 3. Declassification and Downgrading
3.1
Declassification Authority
[14878]
3.2
Transferred Information
[14879]
Systematic Review for Declassification
[14879]
3.3
3.4
Mandatory Review for Declassification
[14879]
Part 4. Safeguarding
General Restrictions on Access
[14880]
4.1
4.2
Special Access Programs
[14881]
Access by Historical Researchers and Former Presidential Appointees
[14881]
4.3
Part 5. Implementation and Review
5.1
Policy Direction
[14881]
5.2
Information Security Oversight Office
[14881
5.3
General Responsibilities
[14882
Sanctions
[14882]
5.4
Part 6. General Provisions
Definitions
[14883]
6.1
6:2
General
[14883]
This Order prescribes a uniform system for classifying, declassifying, and
safeguarding national security information. It recognizes that it is essential
that the public be informed concerning the activities of its Government. but
that the interests of the United States and its citizens require that certain
information concerning the national defense and foreign relations be protected
against unauthorized disclosure. Information may not be classified under this
Order unless its disclosure reasonably could be expected to cause damage to
the national security.
NOW, by the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered as follows:
Part 1
Original Classification
Section 1.1 Classification Levels.
(a) National security information (hereinafter "classified information") shall
be classified at one of the following three levels:
(1) "Top Secret" shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause exceptionally grave damage
to the national security.
Federal Register / Vol. 47, No. 68 / Tuesday, April 6, 1982 / Presidential Documents
14875
(2) "Secret" shall be applied to information, the unauthorized disclosure of
which reasonably could be expected to cause serious damage to the national
security.
(3) "Confidential" shall be applied to information. the unauthorized disclosure
of which reasonably could be expected to cause damage to the national
security.
(b) Except as otherwise provided by statute, no other terms shall be used to
identify classified information.
(c) If there is reasonable doubt about the need to classify information, it shall
be safeguarded as if it were classified pending a determination by an original
classification authority, who shall make this determination within thirty (30)
days. If there is reasonable doubt about the appropriate level of classification.
it shall be safeguarded at the higher level of classification pending a determi-
nation by an original classification authority, who shall make this determina-
tion within thirty (30) days.
Sec. 1.2 Classification Authority.
(a) Top Secret. The authority to classify information originally as Top Secret
may be exercised only by:
(1) the President;
(2) agency heads and officials designated by the President in the Federal
Register; and
(3) efficials delegated this authority pursuant to Section 1.2(d).
(b) Secret. The authority to classify information originally as Secret may be
exercised only. by:
(1) agency heads and officials designated by the President in the Federal
Register;
(2) officials with original Top Secret classification authority; and
(3) officials delegated such authority pursuant to Section 1.2(d).
(c) Confidential. The authority to classify information originally as Confiden-
tial may be exercised only by:
(1) agency heads and officials designated by the President in the Federal
Register:
(2) officials with original Top Secret or Secret classification authority: and
(3) officials delegated such authority pursuant to Section 1.2(d).
(d) Delegation of Original Classification Authority.
(1) Delegations of original classification authority shall be limited to the
minimum required to administer this Order. Agency heads are responsible for
ensuring that designated subordinate officials have a demonstrable and con-
tinuing need to exercise this authority.
(2) Original Top Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Section 1.2(a)(2);
and the senior official designated under Section 5.3(a)(1), provided that official
has been delegated original Top Secret classification authority by the agency
head.
(3) Original Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Sections 1.2(a)(2)
and 1.2(b)(1); an official with original Top Secret classification authority; and
the senior official designated under Section 5.3(a)(1), provided that official has
been delegated original Secret classification authority by the agency head.
(4) Original Confidential classification authority may be delegated only by the
President: an agency head or official designated pursuant to Sections 1.2(a)(2),
1.2(b)(1) and 1.2(c)(1); an official with original Top Secret classification author-
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Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
ity; and the senior official designated under Section 5.3(a)(1), provided that
official has been delegated original classification authority by the agency
head.
(5) Each delegation of original classification authority shall be in writing and
the authority shall not be redelegated except as provided in this Order. It shall
identify the official delegated the authority by name or position title. Delegat-
ed classification authority includes the authority to classify information at the
level granted and lower levels of classification.
(e) Exceptional Cases. When an employee, contractor, licensee, or grantee of
an agency that does not have original classification authority originates
information believed by that person to require classification, the information
shall be protected in a manner consistent with this Order and its implementing
directives. The information shall be transmitted promptly as provided under
this Order or its implementing directives to the agency that has appropriate
subject matter interest and classification authority with respect to this infor-
mation. That agency shall decide within thirty (30) days whether to classify
this information. If it is not clear which agency has classification responsibili-
ty for this information, it shall be sent to the Director of the Information
Security Oversight Office. The Director shall determine the agency having
primary subject matter interest and forward the information, with appropriate
recommendations, to that agency for a classification determination.
Sec. 1.3 Classification Categories.
(a) Information shall be considered for classification if it concerns:
(1) military plans, weapons, or operations;
(2) the vulnerabilities or capabilities of systems, installations, projects, or
plans relating to the national security;
(3) foreign government information;
(4) intelligence activities (including special activities), or intelligence sources
or methods;
(5) foreign relations or foreign activities of the United States;
(8) scientific, technological, or economic matters relating to the national
security;
(7) United States Government programs for safeguarding nuclear materials or
facilities;
(8) cryptology;
(9) a confidential source: or
(10) other categories of information that are related to the national security
and that require protection against unauthorized disclosure as determined by
the President or by agency heads or other officials who have been delegated
original classification authority by the President. Any determination made
under this subsection shall be reported promptly to the Director of the
Information Security Oversight Office.
(b) Information that is determined to concern one or more of the categories in
Section 1.3(a) shall be classified when an original classification authority also
determines that its unauthorized disclosure, either by itself or in the context of
other information. reasonably could be expected to cause damage to the
national security.
(c) Unauthorized disclosure of foreign government information, the identity of
a confidential foreign source, or intelligence sources or methods is presumed
to cause damage to the national security.
(d) Information classified in accordance with Section 1.3 shall not be declass
fied automatically as a result of any unofficial publication or inadvertent or
unauthorized disclosure in the United States or abroad of identical or similar
information.
Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
14877
Sec. 1.4 Duration of Classification.
(a) Information shall be classified as long as required by national security
considerations. When it can be determined. a specific date or event for
declassification shall be set by the original classification authority at the time
the information is originally classified.
(b) Automatic declassification determinations under predecessor orders shall
remain valid unless the classification is extended by an authorized official of
the originating agency. These extensions may be by individual documents or
categories of information. The agency shall be responsible for notifying hold-
ers of the information of such extensions.
(c) Information classified under predecessor orders and marked for declassifi-
cation review shall remain classified until reviewed for declassification under
the provisions of this Order.
Sec. 1.5 Identification and Markings.
- (a) At the time of original classification, the following information shall be
shown on the face of all classified documents, or clearly associated with other
forms of classified information in a manner appropriate to the medium
involved, unless this information itself would reveal a confidential source or
relationship not otherwise evident in the document or information:
(1) one of the three classification levels defined in Section 1.1;
(2) the identity of the original classification authority if other than the person
whose name appears as the approving or signing official;
(3) the agency and office of origin; and
(4) the date or event for declassification, or the notation "Originating Agency S
Determination Required."
(b) Each classified document shall, by marking or other means, indicate white
portions are classified, with the applicable classification level. and which
portions are not classified. Agency heads may, for good cause, grant and
revoke waivers of this requirement for specified classes of documents or
information. The Director of the Information Security Oversight Office shall be
notified of any waivers.
(c) Marking designations implementing the provisions of this Order, including
abbreviations, shall conform to the standards prescribed in implementing
directives issued by the Information Security Oversight Office.
(d) Foreign government information shall either retain its original classifica-
tion or be assigned a United States classification that shall ensure a degree of
protection at least equivalent to that required by the entity that furnished the
information.
(e) Information assigned a level of classification under predecessor orders
shall be considered as classified at that level of classification despite the
omission of other required markings. Omitted markings may be inserted on a
document by the officials specified in Section 3.1(b).
Sec. 1.6 Limitations on Classification.
(a) In no case shall information be classified in order to conceal violations of
law, inefficiency, or administrative error; to prevent embarrassment to a
person, organization, or agency; to restrain competition: or to prevent or delay
the release of information that does not require protection in the interest of
national security.
(b) Basic scientific research information not clearly related to the national
security may not be classified.
(c) The President or an agency head or official designated under Sections
1.2(a)(2), 1.2(b)(1), or 1.2(c)(1) may reclassify information previously declassi-
fied and disclosed if it is determined in writing that (1) the information
requires protection in the interest of national security; and (2) the information
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Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
may reasonably be recovered. These reclassification actions shall be reported
promptly to the Director of the Information Security Oversight Office.
(d) Information may be classified or reclassified after an agency has received
a request for it under the Freedom of Information Act (5 U.S.C. 552) or the
Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of this
Order (Section 3.4) if such classification meets the requirements of this Order
and is accomplished personally and on a document-by-document basis by the
agency head, the deputy agency head, the senior agency official designated
under Section 5.3(a)(1), or an official with original Top Secret classification
authority.
Part 2
Derivative Classification
Sec. 2.1 Use of Derivative Classification.
(a) Derivative classification is (1) the determination that information is in
substance the same as information currently classified, and (2) the application
of the same classification markings. Persons who only reproduce, extract, or
summarize classified information, or who only apply classification markings
derived from source material or as directed by a classification guide, need not
possess original classification authority.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions; and
(2) carry forward to any newly created documents any assigned authorized
markings. The declassification date or event that provides the longest period
of classification shall be used for documents classified on the basis of multiple
sources.
Sec. 2.2 Classification Guides.
(a) Agencies with original classification authority shall prepare classification
guides to facilitate the proper and uniform derivative classification of informa-
tion.
(b) Each guide shall be approved personally and in writing by an official who:
(1) has program or supervisory responsibility over the information or is the
senior agency official designated under Section 5.3(a)(1); and
(2) is authorized to classify information originally at the highest level of
classification prescribed in the guide.
(c) Agency heads may, for good cause, grant and revoke waivers of the
requirement to prepare classification guides for specified classes of documents
or information. The Director of the Information Security Oversight Office shall
be notified of any waivers.
Part 3
Declassification and Downgrading
Sec. 3.1 Declassification Authority.
(a) Information shall be declassified or downgraded as soon as national
security considerations permit. Agencies shall coordinate their review of
classified information with other agencies that have a direct interest in the
subject matter. Information that continues to meet the classification require-
ments prescribed by Section 1.3 despite the passage of time will continue to be
protected in accordance with this Order.
(b) Information shall be declassified or downgraded by the official who
authorized the original classification. if that official is still serving in the same
position; the originator's successor; a supervisory official of either: or officials
delegated such authority in writing by the agency head or the senior agency
official designated pursuant to Section 5.3(a)(1).
Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
14879
(c) If the Director of the Information Security Oversight Office determines that
information is classified in violation of this Order, the Director may require
the information to be declassified by the agency that originated the classifica-
tion. Any such decision by the Director may be appealed to the National
Security Council. The information shall remain classified. pending a prompt
decision on the appeal.
(d) The provisions of this Section shall also apply to agencies that. under the
terms of this Order, do not have original classification authority, but that had
such authority under predecessor orders.
Sec. 3.2 Transferred Information.
(a) In the case of classified information transferred in conjunction with a
transfer of functions, and merely for storage purposes, the receiving
agency shall be deemed to be the originating agency for purposes of this
Order.
(b) In the case of classified information that is not officially transferred as
described in Section 3.2(a), but that originated in an agency that has ceased to
exist and for which there is, no successor agency, each agency in possession of
such information shall be deemed to be the originating agency for purposes of
this Order. Such information may be declassified or downgraded by the
agency in possession after consultation with any other agency that has an
interest in the subject matter of the information.
(c) Classified information accessioned into the National Archives of the
United States shall be declassified or downgraded by the Archivist of the
United States in accordance with this Order. the directives of the Information
Security Oversight Office, and agency guidelines.
Sec. 3.3 Systematic Review for Declassification.
(a) The Archivist of the United States shall, in accordance with procedures
and timeframes prescribed in the Information Security Oversight Office's
directives implementing this Order, systematically review for declassification
or downgrading (1) classified records accessioned into the National Archive
of the United States, and (2) classified presidential papers or records under
the Archivist's control. Such information shall be reviewed by the Archivist
for declassification or downgrading in accordance with systematic review
guidelines that shall be provided by the head of the agency that originated the
information, or in the case of foreign govérnment information, by the Director
of the Information Security Oversight Office in consultation with interested
agency heads.
(b) Agency heads may conduct internal systematic review programs for
classified information originated by their agencies contained in records deter-
mined by the Archivist to be permanently valuable but that have not been
accessioned into the National Archives of the United States.
(c) After consultation with affected agencies, the Secretary of Defense may
establish special procedures for systematic review for declassification of
classified cryptologic information, and the Director of Central Intelligence may
establish special procedures for systematic review for declassification of
classified information pertaining to intelligence activities (including special
activities), or intelligence sources or methods.
Sec. 3.4. Mandatory Review for Declassification.
(a) Except as provided in Section 3.4(b), all information classified under this
Order or predecessor orders shall be subject to a review for declassification
by the originating agency, if:
(1) the request is made by a United States citizen or permanent resident alien.
a federal agency, or a State or local government; and
(2) the request describes the document or material containing the information
with sufficient specificity to enable the agency to locate it with a reasonable
amount of effort.
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Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
(b) Information originated by a President, the White House Staff, by commit-
tees, commissions, or boards appointed by the President, or others specifically
providing advice and counsel to a President or acting on behalf of a President
is exempted from the provisions of Section 3.4(a). The Archivist of the United
States shall have the authority to review, downgrade and declassify informa-
tion under the control of the Administrator of General Services or the Archi-
vist pursuant to sections 2107, 2107 note, or 2203 of title 44, United States
Code. Review procedures developed by the Archivist shall provide for consul-
tation with agencies having primary subject matter interest and shall be
consistent with the provisions of applicable laws or lawful agreements that
pertain to the respective presidential papers or records. Any decision by the
Archivist may be appealed to the Director of the Information Security Over-
sight Office. Agencies with primary subject matter interest shall be notified
promptly of the Director's decision on such appeals and may further appeal to
the National Security Council. The information shall remain classified pending
a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for declassification shall declas-
sify information no longer requiring protection under this Order. They shall
release this information unless withholding is otherwise authorized under
applicable law.
(d) Agency heads shall develop procedures to process requests for the manda-
tory review of classified information. These procedures shall apply to informa-
tion classified under this or predecessor orders. They shall also provide a
means for administratively appealing a denial of a mandatory review request.
(e) The Secretary of Defense shall develop special procedures for the review
of cryptologic information, and the Director of Central Intelligence shall
develop special procedures for the review of information pertaining to intelli-
gence activities (including special activities), or intelligence sources or meth-
ods, after consultation with affected agencies. The Archivist shall develop
special procedures for the review of information accessioned into the National
Archives of the United States.
(f) In response to a request for information under the Freedom of Information
Act, the Privacy Act of 1974, or the mandatory review provisions of this Order:
(1) An agency shall refuse to confirm or deny the existence or non-existence of
requested information whenever the fact of its existence or non-existence is
itself classifiable under this Order.
(2) When an agency receives any request for documents in its custody that
were classified by another agency, it shall refer copies of the request and the
requested documents to the originating agency for processing, and may, after
consultation with the originating agency, inform the requester of the referral.
In cases in which the originating agency determines in writing that a response
under Section 3.4(f)(1) is required, the referring agency shall respond to the
requester in accordance with that Section.
Part 4
Safeguarding
Sec. 4.1 General Restrictions on Access.
(a) A person is eligible for access to classified information provided that a
determination of trustworthiness has been made by agency heads or designat-
ed officials and provided that such access is essential to the accomplishment
of lawful and authorized Government purposes.
(b) Controls shall be established by each agency to ensure that classified
information is used, processed, stored. reproduced. transmitted. and destroyed
only under conditions that will provide adequate protection and prevent
access by unauthorized persons.
Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
14881
(c) Classified information shall not be disseminated outside the execut
branch except under conditions that ensure that the information will be given
protection equivalent to that afforded within the executive branch.
(d) Except as provided by directives issued by the President through the
National Security Council, classified information origihating in one agency
may not be disseminated outside any other agency to which it has been mi
available without the consent of the originating agency. For purposes of
Section. the Department of Defense shall be considered one agency.
Sec. 4.2 Special Access Programs.
(a) Agency heads designated pursuant to Section 1.2(a) may create special
access programs to control access, distribution, and protection of particula
sensitive information classified pursuant to this Order or predecessor orders.
Such programs may be created or continued only at the written direction of
these agency heads. For special access programs pertaining to intelligence
activities (including special activities but not including military operation
strategic and tactical programs), or intelligence sources or methods, this
function will be exercised by the Director of Central Intelligence.
(b) Each agency head shall establish and maintain a system of accounting
special access programs. The Director of the Information Security Oversig
Office, consistent with the provisions of Section 5.2(b)(4), shall have no
delegable access to all such accountings.
Sec. 4.3 Access by Historical Researchers and Former Presidential
pointees.
(a) The requirement in Section 4.1(a) that access to classified information may
be granted only as is essential to the accomplishment of authorized and law
Government purposes may be waived as provided in Section 4.3(b) for persons
who:
(1) are engaged in historical research projects, or
(2) previously have occupied policy-making positions to which they were
appointed by the President.
(b) Waivers under Section 4.3(a) may be granted only if the originating agency
(1) determines in writing that access is consistent with the interest of nation
security;
(2) takes appropriate steps to protect classified information from unauthorized
disclosure or compromise, and ensures that the information is safeguarded in
a manner consistent with this Order: and
(3) limits the access granted to former presidential appointees to items that the
person originated, reviewed, signed, or received while serving as a presiden-
tial appointee.
Part 5
Implementation and Review
Sec. 5.1 Policy Direction.
(a) The National Security Council shall provide overall policy direction for the
information security program.
(b) The Administrator of General Services shall be responsible for implement-
ing and monitoring the program established pursuant to this Order. The
Administrator shall delegate the implementation and monitorship functions of
this program to the Director of the Information Security Oversight Office.
Sec. 5.2 Information Security Oversight Office.
(a) The Information Security Oversight Office shall have a full-time Director
appointed by the Administrator of General Services subject to approval by the
President. The Director shall have the authority to appoint a staff for the
Office.
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Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
(b) The Director shall:
(1) develop, in consultation with the agencies, and promulgate. subject to the
approval of the National Security Council, directives for the implementation of
this Order, which shall be binding on the agencies;
(2) oversee agency actions to ensure compliance with this Order and imple-
menting directives;
(3) review all agency implementing regulations and agency guidelines for
systematic declassification review. The Director shall require any regulation
or guideline to be changed if it is not consistent with this Order or implement-
ing directives. Any such decision by the Director may be appealed to the
National Security Council. The agency regulation or guideline shall remain in
effect pending a prompt decision on the appeal;
(4) have the authority to conduct on-site reviews of the information security
program of each agency that generates or handles classified information and
to require of each agency those reports, information, and other cooperation
that may be necessary to fulfill the Director's responsibilities. If these reports,
inspections, or access to specific categories of classified information would
pose an exceptional national security risk, the affected agency head or the
senior official designated under Section 5.3(a)(1) may deny access. The Direc-
tor may appeal denials to the National Security Council. The denial of access
shall remain in effect pending a prompt decision on the appeal;
(5) review requests for original classification authority from agencies or offi-
cials not granted original classification authority and, if deemed appropriate,
recommend presidential approval;
(6) consider and take action on complaints and suggestions from persons
within or outside the Government with respect to the administration of the
information security program;
(7) have the authority to prescribe, after consultation with affected agencies,
standard forms that will promote the implementation of the information
security program;
(8) report at least annually to the President through the National Security
Council on the implementation of this Order: and
(9) have the authority to convene and chair interagency meetings to discuss
matters pertaining to the information security program.
Sec. 5.3 General Responsibilities.
Agencies that originate or handle classified information shall:
(a) designate a senior agency official to direct and administer its information
security program, which shall include an active oversight and security educa-
tion program to ensure effective implementation of this Order:
(b) promulgate implementing regulations. Any unclassified regulations that
establish agency information security policy shall be published in the Federal
Register to the extent that these regulations affect members of the public:
(c) establish procedures to prevent unnecessary access to classified informa-
tion. including procedures that (i) require that a demonstrable need for access
to classified information is established before initiating administrative clear-
ance procedures, and (ii) ensure that the number of persons granted access to
classified information is limited to the minimum consistent with operational
and security requirements and needs; and
(d) develop special contingency plans for the protection of classified informa-
tion used in or near hostile or potentially hostile areas.
Sec. 5.4 Sanctions.
(a) If the Director of the Information Security Oversight Office finds that a
violation of this Order or its implementing directives may have occurred. the
Director shall make a report to the head of the agency or to the senior official
Federal Register / Vol. 47, No. 66 /_Tuesday, April 6, 1982 / Presidential Documents
14883
designated under Section 5.3(a)(1) so that corrective steps, if appropriate, may
be taken.
(b) Officers and employees of the United States Government. and its contrac
tors, licensees. and grantees shall be subject to appropriate sanctions if they:
(1) knowingly, willfully, or negligently disclose to unauthorized persons infor-
mation properly classified under this Order or predecessor orders:
(2) knowingly and willfully classify or continue the classification of informa-
tion in violation of this Order or any implementing directive; or
(3) knowingly and willfully violate any other provision of this Order
implementing directive.
(c) Sanctions may include reprimand, suspension without pay, removal. termi-
nation of classification authority, loss or denial of access to classified infor-
mation, or other sanctions in accordance with applicable law and agency
regulation.
(d) Each agency head or the senior official designated under Section 5.3(a)
shall ensure that appropriate and prompt corrective action is taken whenev
a violation under Section 5.4(b) occurs. Either shall ensure that the Director
the Information Security Oversight Office is promptly notified whenever a
violation under Section 5.4(b) (1) or (2) occurs.
Part 6
General Provisions
Sec. 6.1 Definitions.
(a) "Agency" has the meaning provided at 5 U.S.C. 552(e).
(b) "Information" means any information or material. regardless of its physica
form or characteristics. that is owned by, produced by or for, or is under the
control of the United States Government.
(c) "National security information" means information that has been detei
mined pursuant to this Order or any predecessor order to require protection
against unauthorized disclosure and that is so designated.
(d) "Foreign government information" means:
(1) information provided by a foreign government or governments, an interna
tional organization of governments. or any element thereof with the expect
tion. expressed or implied. that the information. the source of the information.
or both, are to be held in confidence; or
(2) information produced by the United States pursuant to or as a result of 2
joint arrangement with a foreign government or governments or an interna-
tional organization of governments, or any element thereof. requiring that the
information. the arrangement, or both, are to be held in confidence.
(e) "National security" means the national defense or foreign relations of the
United States.
(f) "Confidential source" means any individual or organization that has
provided. or that may reasonably be expected to provide. information to the
United States on matters pertaining to the national security with the expecta-
tion, expressed or implied, that the information or relationship, or both, be
held in confidence.
(g) "Original classification" means an initial determination that information
requires, in the interest of national security, protection against unauthorized
disclosure, together with a classification designation signifying the level of
protection required.
Sec. 6.2 General.
(a) Nothing in this Order shall supersede any requirement made by or under
the Atomic Energy Act of 1954, as amended. "Restricted Data" and "Formerly
Restricted Data" shall be handled. protected. classified. downgraded, and
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Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents
declassified in conformity with the provisions of the Atomic Energy Act of
1954, as amended, and regulations issued under that Act.
(b) The Attorney General, upon request by the head of an agency or the
Director of the Information Security Oversight Office, shall render an interpre-
tation of this Order with respect to any question arising in the course of its
administration.
(c) Nothing in this Order limits the protection afforded any information by
other provisions of law.
(d) Executive Order No. 12065 of June 28, 1978, as amended, is revoked as of
the effective date of this Order.
(e) This Order shall become effective on August 1, 1982.
Ronald Reagon
THE WHITE HOUSE,
April 2, 1982.
[FR Doc. 82-9320
Filed 4-2-82: 2:52 pm]
Billing code 3195-01-M
Editorial Note: The President's statement of Apr. 2. 1982. on signing Executive Order 12356 is
printed in the Weekly Compilation of Presidential Documents (vol. 18. no. 13)
Federal Register / Vol. 47, No. 179 / Wednesday, September 15. 1982 / Presidential Documents 40531
Presidential Documents
Executive Order 12302 of September 13, 1982
President's National Security Telecommunications Advisory
Committee
By the authority vested in me as President by the Constitution of the United
States of America. and in order to establish, in accordance with the provisions
of the Federal Advisory Committee Act. as amended (5 U.S.C. App. I), an
advisory committee on National Security Telecommunications. it is hereby
ordered as follows:
Section 1. Establishment. (a) There is established the President's National
Security Telecommunications Advisory Committee which shall be composed
of no more than 30 members. These members shall have particular knowledge
and expertise in the field of telecommunications and represent elements of the
Nation's telecommunications industry. Members of the Committee shall be
appointed by the President.
(b) The President shall annually designate a Chairman and a Vice Chairman
from among the members of the Committee.
(c) To assist the Committee in carrying out its functions, the Committee may
establish appropriate subcommittees or working groups composed, in whole or
in part. of individuals who are not members of the Committee.
Sec. 2. Functions. (a) The Committee shall provide to the President. among
other things, information and advice from the perspective of the telecommuni-
cations industry with respect to the implementation of Presidential Directive
53 (PD/NSC-53). National Security Telecommunications Policy.
(b) The Committee shall provide information and advice to the President
regarding the feasibility of implementing specific measures to improve the
telecommunications aspects of our national security posture.
(c) The Committee shall provide technical information and advice in the
identification and solution of problems which the Committee considers will
affect national security telecommunications capability.
(d) In the performance of its advisory duties, the Committee shall conduct
reviews and assessments of the effectiveness of the implementation of PD/
NSC-53, National Security Telecommunications Policy.
(e) The Committee shall periodically report on matters in this Section to the
President and to the Secretary of Defense in his capacity as Executive Agent
for the National Communications System.
Sec. 3. Administration. (a) The heads of Executive agencies shall. to the extent
permitted by law, provide the Committee such information with respect to
national security telecommunications matters as it may require for the pur-
pose of carrying out its functions. Information supplied to the Committee shall
not, to the extent permitted by law, be available for public inspection.
(b) Members of the Committee shall serve without any compensation for their
work on the Committee. However, to the extent permitted by law, they shall
be entitled to travel expenses. including per diem in lieu of subsistence.
(c) Any expenses of the Committee shall, to the extent permitted by law. be
paid from funds available to the Secretary of Defense.
Sec. 4. General. (a) Notwithstanding any other Executive Order, the functions
of the President under the Federal Advisory Committee Act. as amended (5
40532 Federal Register / Vol. 47. No. 179 / Wednesday, September 15. 1982 / Presidential Documents
U.S.C. App. I). except that of reporting annually to the Congress, which are
applicable to the Committee, shall be performed by the Secretary of Defense.
in accord with guidelines and procedures established by the Administrator of
General Services.
(b) In accordance with the Federal Advisory Committee Act. as amended. the
Committee shall terminate on December 31, 1982. unless sooner extended.
Ronald Reagan
THE WHITE HOUSE.
September 13. 1982.
[FR Doc. 82-25518
Filed 9-13-82: 4:39 pml
Billing code 3195-01-M
Federal Register / Vol. 49, No. 2 / Wednesday. January 4. 1984 / Presidential Documents
343
Presidential Documents
Executive Order 12454 of December 29, 1903
President's National Security Telecommunications Advisory
Committee
By the authority vested in me as President by the Constitution and statutes of
the United States of America, and in accordance with the provisions of the
Federal Advisory Committee Act, as amended (5 U.S.C. App. I), it is hereby
ordered that the President's National Security Telecommunications Advisory
Committee, established by Executive Order No. 12382, is continued until
September 30, 1985.
Ronald Reagon
THE WHITE HOUSE,
December 29, 1983.
(FR Doc. 84-301
Filed 1-3-84: 11:24 amj
Billing code 3195-01-M
59941
Federal Register
Presidential Documents
Vol. 46, No. 235
Tuesday. December 8, 1981
Title 3-
Executive Order 12333 of December 4, 1981
The President
United States Intelligence Activities
TABLE OF CONTENTS
|FR
Page]
Preamble
[59941]
Part 1. Goals. Direction, Duties, and Responsibilities With Respect to the
National Intelligence Effort
1.1
Goals
59942
1.2
The National Security Council
59942
National Foreign Intelligence Advisory Groups
59942
1.3
The Intelligence Community
59943
1.4
1.5
Director of Central Intelligence
[59943]
1.6
Duties and Responsibilities of the Heads of Executive Branch Departments and
Agencies
59944]
1.7
Senior Officials of the Intelligence Community
59945
1.8
The Central Intelligence Agency
59945
1.9
The Department of State
59946
1.10
The Department of the Treasury
59946
1.11
The Department of Defense
59946
Intelligence Components Utilized by the Secretary of Defense
59947
1.12
1.13
The Department of Energy
59949
1.14
The Federal Bureau of Investigation
59949
Part 2 Conduct of Intelligence Activities
2.1
Need
59940]
2.2
Purpose
59949
2.3
Collection of Information
59950
2.4
Collection Techniques
59950
2.5
Attorney General Approval
59951
2.6
Assistance to Law Enforcement Authorities
59951
2.7
Contracting
59951
2.8
Consistency With Other Laws
59952
2.9
Undisclosed Participation in Organizations Within the United States
59952
2.10
Human Experimentation
59952
2.11
Prohibition on Assassination
59952
2.12
Indirect Participation
59952
Part 3. General Provisions
3.1
Congressional Oversight
59952
3.2
Implementation
59952
3.3
Procedures
59952
3.4
Definitions
59953
3.5
Purpose and Effect
59954
3.6
Revocation
[59954]
Timely and accurate information about the activities. capabilities, plans, and
intentions of foreign powers, organizations, and persons, and their agents. is
essential to the national security of the United States. All reasonable and
lawful means must be used to ensure that the United States will receive the
best intelligence available. For that purpose, by virtue of the authority vested
in me by the Constitution and statutes of the United States of America.
including the National Security Act of 1947, as amended. and as President of
the United States of America, in order to provide for the effective conduct of
United States intelligence activities and the protection of constitutional rights,
it is hereby ordered as follows:
59942
Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents
Part 1
Goals. Direction, Duties and Responsibilities With Respect to the National
Intelligence Effort
1.1 Goals. The United States intelligence effort shall provide the President
and the National Security Council with the necessary information on which to
base decisions concerning the conduct and development of foreign. defense
and economic policy, and the protection of United States national interests
from foreign security threats. All departments and agencies shall cooperate
fully to fulfill this goal.
(a) Maximum emphasis should be given to fostering analytical competition
among appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this Order.
and with full consideration of the rights of United States persons. shall be
used to develop intelligence information for the President and the National
Security Council. A balanced approach between technical collection efforts
and other means should be maintained and encouraged.
(c) Special emphasis should be given to detecting and countering espionage
and other threats and activities directed by foreign intelligence services
against the United States Government, or United States corporations, estab-
lishments, or persons.
(d) To the greatest extent possible consistent with applicable United States
law and this Order, and with full consideration of the rights of United States
persons, all agencies and departments should seek to ensure full and free
exchange of information in order to derive maximum benefit from the United
States intelligence effort.
1.2 The National Security Council.
(a) Purpose. The National Security Council (NSC) was established by the
National Security Act of 1947 to advise the President with respect to the
integration of domestic, foreign and military policies relating to the national
security. The NSC shall act as the highest Executive Branch entity that
provides review of, guidance for and direction to the conduct of all national
foreign intelligence, counterintelligence, and special activities. and attendant
policies and programs.
(b) Committees. The NSC shall establish such committees as may be neces-
sary to carry out its functions and responsibilities under this Order. The NSC,
or a committee established by it, shall consider and submit to the President a
policy recommendation, including all dissents, on each special activity and
shall review proposals for other sensitive intelligence operations.
1.3 National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. The Director of Central Intelligence shall estab-
lish such boards, councils, or groups as required for the purpose of obtaining
advice from within the Intelligence Community concerning:
(1) Production, review and coordination of national foreign intelligence;
(2) Priorities for the National Foreign Intelligence Program budget:
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be referred by the Director of Central Intelli-
gence.
(b) Membership. Advisory groups established pursuant to this section shall be
chaired by the Director of Central Intelligence or his designated representative
and shall consist of senior representatives from organizations within the
Intelligence Community and from departments or agencies containing such
organizations. as designated by the Director of Central Intelligence. Groups for
consideration of substantive intelligence matters will include representatives
Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents 59943
of organizations involved in the collection. processing and analysis of intelli-
gence. A senior representative of the Secretary of Commerce, the Attorney
General, the Assistant to the President for National Security Affairs, and the
Office of the Secretary of Defense shall be invited to participate in any group
which deals with other than substantive intelligence matters.
t
0
1.4 The Intelligence Community. The agencies within the Intelligence Com-
e
munity shall, in accordance with applicable United States law and with the
ts
other provisions of this Order, conduct intelligence activities necessary for the
te
conduct of foreign relations and the protection of the national security of the
United States, including:
n
(a) Collection of information needed by the President, the National Security
Council, the Secretaries of State and Defense, and other Executive Branch
officials for the performance of their duties and responsibilities;
r,
e
(b) Production and dissemination of intelligence;
al
(c) Collection of information concerning. and the conduct of activities to
ts
protect against, intelligence activities directed against the United States
international terrorist and international narcotics activities, and other hostile
ge
activities directed against the United States by foreign powers, organizations.
es
persons, and their agents;
b-
(d) Special activities;
(e) Administrative and support activities within the United States and abroad
es
necessary for the performance of authorized activities; and
es
ee
(f) Such other intelligence activities as the President may direct from time to
time.
1.5 Director of Central Intelligence. In order to discharge the duties and
responsibilities prescribed by law, the Director of Central Intelligence shall be
responsible directly to the President and the NSC and shall:
he
he
(a) Act as the primary adviser to the President and the NSC on national
al
foreign intelligence and provide the President and other officials in the
at
Executive Branch with national foreign intelligence;
al
(b) Develop such objectives and guidance for the Intelligence Community 85
nt
will enhance capabilities for responding to expected future needs for national
foreign intelligence;
:S-
C.
(c) Promote the development and maintenance of services of common concern
by designated intelligence organizations on behalf of the Intelligence Commu-
a
nd
nity;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and counterintelligence
b-
arrangements with foreign governments, coordinate foreign intelligence and
counterintelligence relationships between agencies of the Intelligence Commu-
ng
nity and the intelligence or internal security services of foreign governments
and establish procedures governing the conduct of liaison by any department
or agency with such services on narcotics activities;
(f) Participate in the development of procedures approved by the Attorney
General governing criminal narcotics intelligence activities abroad to ensure
that these activities are consistent with foreign intelligence programs;
(g) Ensure the establishment by the Intelligence Community of commo
security and access standards for managing and handling foreign intelligence
systems, information, and products;
lli-
(h) Ensure that programs are developed which protect intelligence sources
methods, and analytical procedures;
be
(i) Establish uniform criteria for the determination of relative priorities for the
ve
transmission of critical national foreign intelligence, and advise the Secretary
he
of Defense concerning the communications requirements of the Intelligence
ch
Community for the transmission of such intelligence;
for
'es
Federal Register / Vol. 46. No. 235 / Tuesday, December 8, 1981 / Presidential Documents
59944
(j) Establish appropriate staffs, committees, or other advisory groups to assist
in the execution of the Director's responsibilities:
(k) Have full responsibility for production and dissemination of national
foreign intelligence, and authority to levy analytic tasks on departmental
intelligence production organizations, in consultation with those organiza-
tions, ensuring that appropriate mechanisms for competitive analysis are
developed so that diverse points of view are considered fully and differences
of judgment within the Intelligence Community are brought to the attention of
national policymakers;
(1) Ensure the timely exploitation and dissemination of data gathered by
national foreign intelligence collection means. and ensure that the resulting
intelligence is disseminated immediately to appropriate government entities
and military commands;
(m) Establish mechanisms which translate national foreign intelligence objec-
tives and priorities approved by the NSC into specific guidance for the
Intelligence Community, resolve conflicts in tasking priority, provide to de-
partments and agencies having information collection capabilities that are not
part of the National Foreign Intelligence Program advisory tasking concerning
collection of national foreign intelligence, and provide for the development of
plans and arrangements for transfer of required collection tasking authority to
the Secretary of Defense when directed by the President;
(n) Develop, with the advice of the program managers and departments and
agencies concerned, the consolidated National Foreign Intelligence Program
budget, and present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National Foreign
Intelligence Program funds, in accordance with guidelines established by the
Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation. and. as
necessary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no unneces-
sary overlap between national foreign intelligence programs and Department
of Defense intelligence programs consistent with the requirement to develop
competitive analysis, and provide to and obtain from the Secretary of Defense
all information necessary for this purpose;
(r) In accordance with law and relevant procedures approved by the Attorney
General under this Order, give the heads of the departments and agencies
access to all intelligence, developed by the CIA or the staff elements of the
Director of Central Intelligence, relevant to the national intelligence needs of
the departments and agencies; and
(s) Facilitate the use of national foreign intelligence products by Congress in a
secure manner.
1.6 Duties and Responsibilities of the Heads of Executive Branch Depart-
ments and Agencies.
(a) The heads of all Executive Branch departments and agencies shall, in
accordance with law and relevant procedures approved by the Attorney
General under this Order. give the Director of Central Intelligence access to all
information relevant to the national intelligence needs of the United States,
and shall give due consideration to the requests from the Director of Central
Intelligence for appropriate support for Intelligence Community activities.
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the
Director of Central Intelligence by the program managers and heads of
component activities of proposed national programs and budgets in the format
designated by the Director of Central Intelligence, and shall also ensure that
the Director of Central Intelligence is provided, in a timely and responsive
manner, all information necessary to perform the Director's program and
budget responsibilities.
Federal Register / Vol. 46. No. 235 / Tuesday, December 8, 1981 / Presidential Documents 59945
(c) The heads of departments and agencies involved in the National Foreign
Intelligence Program may appeal to the President decisions by the Director of
Central Intelligence on budget or reprogramming matters of the National
Foreign Intelligence Program.
1.7 Senior Officials of the Intelligence Community. The heads of depart-
ments and agencies with organizations in the Intelligence Community or the
heads of such organizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws
by employees and of specified federal criminal laws by any other person as
provided in procedures agreed upon by the Attorney General and the head of
the department or agency concerned, in a manner consistent with the protec-
tion of intelligence sources and methods, as specified in those procedures:
(b) In any case involving serious or continuing breaches of security, recom-
mend to the Attorney General that the case be referred to the FBI for further
investigation;
(c) Furnish the Director of Central Intelligence and the NSC, in accordance
with applicable law and procedures approved by the Attorney General under
this Order, the information required for the performance of their respective
duties;
(d) Report to the Intelligence Oversight Board, and keep the Director of
Central Intelligence appropriately informed, concerning any intelligence activ-
ities of their organizations that they have reason to believe may be unlawful
or contrary to Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthor-
ized disclosure consistent with guidance from the Director of Central Intelli-
gence;
(f) Disseminate intelligence to cooperating foreign governments under arrange-
ments established or agreed to by the Director of Central Intelligence;
(g) Participate in the development of procedures approved by the Attorney
General governing production and dissemination of intelligence resulting from
criminal narcotics intelligence activities abroad if their departments, agencies.
or organizations have intelligence responsibilities for foreign or domestic
narcotics production and trafficking:
(h) Instruct their employees to cooperate fully with the Intelligence Oversight
Board; and
(i) Ensure that the Inspectors General and General Counsels for their organiza-
tions have access to any information necessary to perform their duties
assigned by this Order.
1.8 The Central Intelligence Agency. All duties and responsibilities of the
CIA shall be related to the intelligence functions set out below. As authorized
by this Order; the National Security Act of 1947, as amended; the CIA Act of
1949, as amended; appropriate directives or other applicable law, the CIA
shall:
(a) Collect, produce and disseminate foreign intelligence and counterintelli-
gence, including information not otherwise obtainable. The collection of for-
eign intelligence or counterintelligence within the United States shall be
coordinated with the FBI as required by procedures agreed upon by the
Director of Central Intelligence and the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign aspects of narcot-
ics production and trafficking:
(c) Conduct counterintelligence activities outside the United States and, with-
out assuming or performing any internal security functions, conduct counterin-
telligence activities within the United States in coordination with the FBI as
required by procedures agreed upon the Director of Central Intelligence and
the Attorney General;
59946
Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents
(d) Coordinate counterintelligence activities and the collection of information
not otherwise obtainable when conducted outside the United States by other
departments and agencies;
(e) Conduct special activities approved by the President. No agency except the
CIA (or the Armed Forces of the United States in time of war declared by
Congress or during any period covered by a report from the President to the
Congress under the War Powers Resolution (87 Stat. 855)) may conduct any
special activity unless the President determines that another agency is more
likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence Community as
directed by the NSC;
(g) Carry out or contract for research, development and procurement of
technical systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities, information. property,
and employees by appropriate means, including such investigations of appli-
cants, employees, contractors. and other persons with similar associations
with the CIA as are necessary; and
(i) Conduct such administrative and technical support activities within and
outside the United States as are necessary to perform the functions described
in sections (a). and through (h) above, including procurement and essential
cover and proprietary arrangements.
1.9 The Department of State. The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy con-
cerns;
(b) Produce and disseminate foreign intelligence relating to United States
foreign policy as required for the execution of the Secretary's responsibilities:
(c) Disseminate, as appropriate, reports received from United States diplomat-
ic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community to the
Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory responsibilities
for direction and coordination of mission activities.
1.10 The Department of the Treasury. The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the Department of State in the overt collection of general
foreign economic information;
(c) Produce and disseminate foreign intelligence relating to United States
economic policy as required for the execution of the Secretary's responsibil-
ities; and
(d) Conduct. through the United States Secret Service, activities to determine
the existence and capability of surveillance equipment being used against the
President of the United States. the Executive Office of the President. and. as
authorized by the Secretary of the Treasury or the President, other Secret
Service protectees and United States officials. No information shall be ac-
quired intentionally through such activities except to protect against such
surveillance, and those activities shall be conducted pursuant to procedures
agreed upon by the Secretary of the Treasury and the Attorney General.
1.11 The Department of Defense. The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to collection tasking
by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-related foreign
intelligence and counterintelligence as required for execution of the Secre-
tary's responsibilities;
Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents 59947
(c) Conduct programs and missions necessary to fulfill national, departmental
and tactical foreign intelligence requirements:
(d) Conduct counterintelligence activities in support of Department of Defense and
within the United States in coordination with the FBI pursuant to procedures
components outside the United States in coordination with the CIA,
agreed upon by the Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States Government, signals di-
intelligence and communications security activities, except as otherwise
rected by the NSC;
(f) Provide for the timely transmission of critical intelligence, as defined by the
Director of Central Intelligence, within the United States Government;
(g) Carry out or contract for research, development and procurement of
technical systems and devices relating to authorized intelligence functions;
(h) Protect the security of Department of Defense installations, activities,
property, information, and employees by appropriate means, including such
investigations of applicants, employees, contractors, and other persons with
similar associations with the Department of Defense as are necessary;
intelligence exchange programs with selected cooperative foreign defense
(i) Establish and maintain military intelligence relationships and military
establishments and international organizations, and ensure that such relation-
ships and programs are in accordance with policies formulated by the Director
of Central Intelligence;
(j) Direct, operate, control and provide fiscal management for the National
Security Agency and for defense and military intelligence and national recon-
naissance entities; and
(k) Conduct such administrative and technical support activities within and
outside the United States as are necessary to perform the functions described
in sections (a) through (j) above.
1.12 Intelligence Components Utilized by the Secretary of Defense. In carry-
ing out the responsibilities assigned in section 1.11, the Secretary of Defense is
authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include;
(1) Collection. production, or, through tasking and coordination, provision of
military and military-related intelligence for the Secretary of Defense, the Joint
Chiefs of Staff, other Defense components, and, as appropriate, non-Defense
agencies;
(2) Collection and provision of military intelligence for national foreign intelli-
gence and counterintelligence products;
S
(3) Coordination of all Department of Defense intelligence collection require-
ments;
e
(4) Management of the Defense Attache system; and
e
(5) Provision of foreign intelligence and counterintelligence staff support as
IS
directed by the Joint Chiefs of Staff.
et
C-
(b) National Security Agency, whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization for signals
es
intelligence activities, except for the delegation of operational control over
11.
certain operations that are conducted through other elements of the Intelli-
gence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
ng
Defense;
(2) Control of signals intelligence collection and processing activities, includ-
gn
ing assignment of resources to an appropriate agent for such periods and tasks
re-
as required for the direct support of military commanders;
59948
Federal Register / Vol. 46, No. 235 / Tuesday, December 8. 1981 / Presidential Documents
(3) Collection of signals intelligence information for national foreign intelli-
gence purposes in accordance with guidance from the Director of Central
Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence
purposes in accordance with guidance from the Director of Central Intelli-
gence;
(5) Dissemination of signals intelligence information for national foreign intel-
ligence purposes to authorized elements of the Government, including the
military services, in accordance with guidance from the Director of Central
Intelligence;
(6) Collection. processing and dissemination of signals intelligence information
for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of military oper-
ations in accordance with tasking, priorities, and standards of timeliness
assigned by the Secretary of Defense. If provision of such support requires use
of national collection systems, these systems will be tasked within existing
guidance from the Director of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government;
(9) Conduct of research and development to meet the needs of the United
States for signals intelligence and communications security;
(10) Protection of the security of its installations. activities, property, informa-
tion, and employees by appropriate means, including such investigations of
applicants, employees, contractors, and other persons with similar associ-
ations with the NSA as are necessary;
(11) Prescribing, within its field of authorized operations, security regulations
covering operating practices, including the transmission, handling and distri-
bution of signals intelligence and communications security material within
and among the elements under control of the Director of the NSA, and
exercising the necessary supervisory control to ensure compliance with the
regulations;
(12) Conduct of foreign cryptologic liaison relationships, with liaison for
intelligence purposes conducted in accordance with policies formulated by the
Director of Central Intelligence; and
(13) Conduct of such administrative and technical support activities within
and outside the United States as are necessary to perform the functions
described in sections (1) through (12) above, including procurement.
(c) Offices for the collection of specialized intelligence through reconnais-
sance programs, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized intelli-
gence;
(2) Responding to tasking in accordance with procedures established by the
Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies for research,
development, procurement, and operation of designated means of collection.
(d) The foreign intelligence and counterintelligence elements of the Army,
Navy. Air Force, and Marine Corps, whose responsibilities shall include:
(1) Collection. production and dissemination of military and military-related
foreign intelligence and counterintelligence. and information on the foreign
aspects of narcotics production and trafficking. When collection is conducted
in response to national foreign intelligence requirements, it will be conducted
in accordance with guidance from the Director of Central Intelligence. Collec-
tion of national foreign intelligence, not otherwise obtainable, outside the
United States shall be coordinated with the CIA. and such collection within
the United States shall be coordinated with the FBI;
Federal Register / Vol. 46, No. 235 / Tuesday, December 8. 1981 / Presidential Documents 59949
(2) Conduct of counterintelligence activities outside the United States in
coordination with the CIA, and within the United States in coordination with
the FBI; and
(3) Monitoring of the development, procurement and management of tactical
intelligence systems and equipment and conducting related research. develop-
ment, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate for conduct of
the intelligence missions and responsibilities assigned to the Secretary of
Defense. If such other offices are used for intelligence purposes, the provisions
of Part 2 of this Order shall apply to those offices when used for those
purposes.
1.13 The Department of Energy. The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting information
with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the Secretary's
responsibilities;
(c) Participate in formulating intelligence collection and analysis requirements
where the special expert capability of the Department can contribute; and
(d) Provide expert technical, analytical and research capability to other agen-
cies within the Intelligence Community.
1.14 The Federal Bureau of Investigation. Under the supervision of the
Attorney General and pursuant to such regulations as the Attorney General
may establish, the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate coun-
terintelligence activities of other agencies within the Intelligence Community.
When a counterintelligence activity of the FBI involves military or civilian
personnel of the Department of Defense, the FBI shall coordinate with the
Department of Defense:
(b) Conduct counterintelligence activities outside the United States in coordi-
nation with the CIA as required by procedures agreed upon by the Director of
Central Intelligence and the Attorney General:
(c) Conduct within the United States, when requested by officials of the
Intelligence Community designated by the President, activities undertaken to
collect foreign intelligence or support foreign intelligence collection require-
ments of other agencies within the Intelligence Community. or, when request-
ed by the Director of the National Security Agency, to support the communica-
tions security activities of the United States Government;
(d) Produce and disseminate foreign intelligence and counterintelligence; and
(e) Carry out or contract for research, development and procurement of
technical systems and devices relating to the functions authorized above.
Part 2
Conduct of Intelligence Activities
2.1 Need. Accurate and timely information about the capabilities, intentions
and activities of foreign powers, organizations, or persons and their agents is
essential to informed decisionmaking in the areas of national defense and
foreign relations. Collection of such information is a priority objective and will
be pursued in a vigorous, innovative and responsible manner that is consistent
with the Constitution and applicable law and respectful of the principles upon
which the United States was founded.
1
1
2.2 Purpose. This Order is intended to enhance human and technical collec-
d
tion techniques, especially those undertaken abroad, and the acquisition of
significant foreign intelligence, as well as the detection and countering of
e
international terrorist activities and espionage conducted by foreign powers.
Set forth below are certain general principles that, in addition to and consist-
ent with applicable laws, are intended to achieve the proper balance between
Federal Register / Vol. 46, No. 235 / Tuesday, December 8. 1981 / Presidential Documents
59950
the acquisition of essential information and protection of individual interests.
Nothing in this Order shall be construed to apply to or interfere with any
authorized civil or criminal law enforcement responsibility of any department
or agency.
2.3 Collection of Information. Agencies within the Intelligence Community
are authorized to collect, retain or disseminate information concerning United
States persons only in accordance with procedures established by the head of
the agency concerned and approved by the Attorney General, consistent with
the authorities provided by Part 1 of this Order. Those procedures shall permit
collection, retention and dissemination of the following types of information:
(a) Information that is publicly available or collected with the consent of the
person concerned;
(b) Information constituting foreign intelligence or counterintelligence, includ-
ing such information concerning corporations or other commercial organiza-
tions. Collection within the United States of foreign intelligence not otherwise
obtainable shall be undertaken by the FBI or, when significant foreign intelli-
gence is sought, by other authorized agencies of the Intelligence Community.
provided that no foreign intelligence collection by such agencies may be
undertaken for the purpose of acquiring information concerning the domestic
activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence, counter-
intelligence, international narcotics or international terrorism investigation;
(d) Information needed to protect the safety of any persons or organizations,
including those who are targets, victims or hostages of international terrorist
organizations;
(e) Information needed to protect foreign intelligence or counterintelligence
sources or methods from unauthorized disclosure. Collection within the United
States shall be undertaken by the FBI except that other agencies of the
Intelligence Community may also collect such information concerning present
or former employees. present or former intelligence agency contractors or their
present or former. employees, or applicants for any such employment or
contracting:
(f) Information concerning persons who are reasonably believed to be poten-
tial sources or contacts for the purpose of determining their suitability or
credibility;
(g) Information arising out of a lawful personnel. physical or communications
security investigation;
(h) Information acquired by overhead reconnaissance not directed at specific
United States persons;
(i) Incidentally obtained information that may indicate involvement in activi-
ties that may violate federal, state, local or foreign laws; and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may disseminate
information, other than information derived from signals intelligence, to each
appropriate agency within the Intelligence Community for purposes of allow-
ing the recipient agency to determine whether the information is relevant to its
responsibilities and can be retained by it.
2.4 Collection Techniques. Agencies within the Intelligence Community shall
use the least intrusive collection techniques feasible within the United States
or directed against United States persons abroad. Agencies are not authorized
to use such techniques as electronic surveillance, unconsented physical
search, mail surveillance, physical surveillance, or monitoring devices unless
they are in accordance with procedures established by the head of the agency
concerned and approved by the Attorney General. Such procedures shall
protect constitutional and other legal rights and limit use of such information
to lawful governmental purposes. These procedures shall not authorize:
Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents 59951
(a) The CIA to engage in electronic surveillance within the United States
except for the purpose of training, testing, or conducting countermeasures to
hostile electronic surveillance;
(b) Unconsented physical searches in the United States by agencies other than
the FBI, except for:
(1) Searches by counterintelligence elements of the military services directed
against military personnel within the United States or abroad for intelligence
purposes, when authorized by a military commander empowered to approve
physical searches for law enforcement purposes, based upon a finding of
probable cause to believe that such persons are acting as agents of foreign
powers; and
(2) Searches by CIA of personal property of non-United States persons
lawfully in its possession.
(c) Physical surveillance of a United States person in the United States by
agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or former
intelligence agency contractors or their present of former employees, or
applicants for any such employment or contracting: and
(2) Physical surveillance of a military person employed by a nonintelligence
element of a military service.
(d) Physical surveillance of a United States person abroad to collect foreign
intelligence, except to obtain significant information that cannot reasonably
be acquired by other means.
2.5 Attorney General Approval. The Attorney General hereby is delegated
the power to approve the use for intelligence purposes, within the United
States or against a United States person abroad, of any technique for which a
warrant would be required if undertaken for law enforcement purposes,
provided that such techniques shall not be undertaken unless the Attorney
General has determined in each case that there is probable cause to believe
that the technique is directed against a foreign power or an agent of a foreign
power. Electronic surveillance, as defined in the Foreign Intelligence Surveil-
lance Act of 1978, shall be conducted in accordance with that Act, as well as
this Order.
2.6 Assistance to Law Enforcement Authorities. Agencies within the Intelli-
gence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose of
protecting the employees, information, property and facilities of any agency
within the Intelligence Community:
(b) Unless otherwise precluded by law or this Order, participate in law
enforcement activities to investigate or prevent clandestine intelligence activi-
ties by foreign powers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance of
expert personnel for use by any department or agency, or, when lives are
endangered, to support local law enforcement agencies. Provision of assist-
ance by expert personnel shall be approved in each case by the General
Counsel of the providing agency: and
(d) Render any other assistance and cooperation to law enforcement authori-
ties not precluded by applicable law.
2.7 Contracting. Agencies within the Intelligence Community are authorized
to enter into contracts or arrangements for the provision of goods or services
with private companies or institutions in the United States and need not
reveal the sponsorship of such contracts or arrangements for authorized
intelligence purposes. Contracts or arrangements with academic institutions
may be undertaken only with the consent of appropriate officials of the
institution.
Federal Register / Vol. 46. No. 235 / Tuesday, December 8, 1981 / Presidential Documents
59952
2.8 Consistency With Other Laws. Nothing in this Order shall be construed
to authorize any activity in violation of the Constitution or statutes of the
United States.
2.9 Undisclosed Participation in Organizations Within the United States. No
one acting on behalf of agencies within the Intelligence Community may join
or otherwise participate in any organization in the United States on behalf of
any agency within the Intelligence Community without disclosing his intelli-
gence affiliation to appropriate officials of the organization, except in accord-
ance with procedures established by the head of the agency concerned and
approved by the Attorney General. Such participation shall be authorized only
if it is essential to achieving lawful purposes as determined by the agency
head or designee. No such participation may be undertaken for the purpose of
influencing the activity of the organization or its members except in cases
where:
(a) The participation is undertaken on behalf of the FBI in the course of a
lawful investigation; or
(b) The organization concerned is composed primarily of individuals who are
not United States persons and is reasonably believed to be acting on behalf of
a foreign power.
2.10 Human Experimentation. No agency within the Intelligence Community
shall sponsor, contract for or conduct research on human subjects except in
accordance with guidelines issued by the Department of Health and Human
Services. The subject's informed consent shall be documented as required by
those guidelines.
2.11 Prohibition on Assassination. No person employed by or acting on
behalf of the United States Government shall engage in, or conspire to engage
in, assassination.
2.12 Indirect Participation. No agency of the Intelligence Community shall
participate in or request any person to undertake activities forbidden by this
Order.
Part 3
General Provisions
3.1 Congressional Oversight. The duties and responsibilities of the Director
of Central Intelligence and the heads of other departments, agencies, and
entities engaged in intelligence activities to cooperate with the Congress in the
conduct of its responsibilities for oversight of intelligence activities shall be as
provided in title 50, United States Code, section 413. The requirements of
section 662 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422),
and section 501 of the National Security Act of 1947, as amended (50 U.S.C.
413), shall apply to all special activities as defined in this Order.
3.2 Implementation. The NSC, the Secretary of Defense, the Attorney Gener-
al, and the Director of Central Intelligence shall issue such appropriate
directives and procedures as are necessary to implement this Order. Heads of
agencies within the Intelligence Community shall issue appropriate supple-
mentary directives and procedures consistent with this Order. The Attorney
General shall provide a statement of reasons for not approving any proce-
dures established by the head of an agency in the Intelligence Community
other than the FBI. The National Security Council may establish procedures in
instances where the agency head and the Attorney General are unable to
reach agreement on other than constitutional or other legal grounds.
3.3 Procedures. Until the procedures required by this Order have been
established, the activities herein authorized which require procedures shall be
conducted in accordance with existing procedures or requirements established
under Executive Order No. 12036. Procedures required by this Order shall be
established as expeditiously as possible. All procedures promulgated pursuant
to this Order shall be made available to the congressional intelligence commit-
tees.
Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents 59953
3.4 Definitions. For the purposes of this Order, the following terms shall have
these meanings:
(a) Counterintelligence means information gathered and activities conducted
to protect against espionage, other intelligence activities, sabotage, or assassi-
nations conducted for or on behalf of foreign powers. organizations or per-
sons, or international terrorist activities, but not including personnel. physical,
document or communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic communication
by electronic means without the consent of a person who is a party to an
electronic communication or, in the case of a nonelectronic communication.
without the consent of a person who is visably present at the place of
communication, but not including the use of radio direction-finding equipment
solely to determine the location of a transmitter.
(c) Employee means a person employed by, assigned to or acting for an
agency within the Intelligence Community.
(d) Foreign intelligence means information relating to the capabilities, inten-
tions and activities of foreign powers, organizations or persons, but not
including counterintelligence except for information on international terrorist
activities.
(e) Intelligence activities means all activities that agencies within the Intelli-
gence Community are authorized to conduct pursuant to this Order.
(f) Intelligence Community and agencies within the Intelligence Community
refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the collection of special-
ized national foreign intelligence through reconnaissance programs:
(5) The Bureau of Intelligence and Research of the Department of State;
(6) The intelligence elements of the Army. Navy. Air Force, and Marine Corps,
the Federal Bureau of Investigation (FBI), the Department of the Treasury, and
the Department of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the programs listed
below, but its composition shall be subject to review by the National Security
S
Council and modification by the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense Intelligence
Program, and the programs of the offices within the Department of Defense for
the collection of specialized national foreign intelligencesthrough reconnais-
e
sance, except such elements as the Director of Central Intelligence and the
Secretary of Defense agree should be excluded;
(3) Other programs of agencies within the Intelligence Community designated
y
jointly by the Director of Central Intelligence and the head of the department
or by the President as national foreign intelligence or counterintelligence
>
activities;
0
(4) Activities of the staff elements of the Director of Central Intelligence:
(5) Activities to acquire the intelligence required for the planning and conduct
of tactical operations by the United States military forces are not included in
e
the National Foreign Intelligence Program.
d
(h) Special activities means activities conducted in support of national foreign
e
policy objectives abroad which are planned and executed so that the role of
it
the United States Government is not apparent or acknowledged publicly, and
59954 Federal Register / Vol. 46, No. 235 / Tuesday, December 8, 1981 / Presidential Documents
functions in support of such activities. but which are not intended to influence
United States political processes. public opinion, policies, or media and do not
include diplomatic activities or the cellection and production of intelligence or
related support functions.
(i) United States person means a United States citizen. an alien known by the
intelligence agency concerned to be a permanent resident alien. an unincor-
porated association substantially composed of United States citizens or per-
manent resident aliens, or a corporation incorporated in the United States,
except for a corporation directed and controlled by a foreign government or
governments.
3.5 Purpose and Effect. This Order is intended to control and provide
direction and guidance to the Intelligence Community. Nothing contained
herein or in any procedures promulgated hereunder is intended to confer any
substantive or procedural right or privilege on any person or organization.
3.6 Revocation. Executive Order No. 12036 of January 24, 1978, as amended.
entitled "United States Intelligence Activities," is revoked.
Ronald Reagan
THE WHITE HOUSE,
December 4, 1981.
[FR 81-35203
Filed 12-4-81; 4:09 pm]
Billing code 3195-01-M
Federal Register / Vol. 46, No. 235 / Tuesday. December 8, 1981 / Presidential Documents
59955
Presidential Documents
Executive Order 12334 of December 4, 1981
President's Intelligence Oversight Board
By the authority vested in my as President by the Constitution and statutes of
the United States of America, and in order to enhance the security of the
United States by assuring the legality of activities of the Intelligence Commu-
nity, it is hereby ordered as follows:
Section 1. There is hereby established within the White House Office, Execu-
tive Office of the President, the President's Intelligence Oversight Board,
which shall be composed of three members. One member, appointed from
among the membership of the President's Foreign Intelligence Advisory Board.
shall be designated by the President as Chairman. Members of the Board shall
serve at the pleasure of the President and shall be appointed by the President
from among trustworthy and distinguished citizens outside the Government
who are qualified on the basis of achievement, experience and independence.
The Board shall utilize such full-time staff and consultants as authorized by
the President.
Sec. 2. The Board shall:
(a) Inform the President of intelligence activities that any member of the Board
believes are in violation of the Constitution or laws of the United States,
Executive orders, or Presidential directives;
(b) Forward to the Attorney General reports received concerning intelligence
activities that the Board believes may be unlawful;
(c) Review the internal guidelines of each agency within the Intelligence
Community concerning the lawfulness of intelligence activities;
(d) Review the practices and procedures of the Inspectors General and
General Counsel of the Intelligence Community for discovering and reporting
intelligence activities that may be unlawful or contrary to Executive order or
Presidential directive: and
(e) Conduct such investigations as the Board deems necessary to carry out its
functions under this Order.
Sec. 3. The Board shall, when required by this Order, report directly to the
President. The Board shall consider and take appropriate action with respect
to matters identified by the Director of Central Intelligence. the Central
Intelligence Agency or other agencies of the Intelligence Community. With
respect to matters deemed appropriate by the President, the Board shall
advise and make appropriate recommendations to the Director of Central
Intelligence. the Central Intelligence Agency, and other agencies of the Intelli-
gence Community.
Sec. 4. The heads of departments and agencies of the Intelligence Community
shall. to the extent permitted by law, provide the Board with all information
necessary to carry out its responsibilities. Inspectors General and General
Counsel of the Intelligence Community shall, to the extent permitted by law.
report to the Board concerning intelligence activities that they have reason to
believe may be unlawful or contrary to Executive order or Presidential
directive.
59956 Federal Register / Vol. 46, No. 235 / Tuesday, December 8. 1981 / Presidential Documents
Sec. 5. Information made available to the Board shall be given all necessary
security protection in accordance with applicable laws and regulations. Each
member of the Board, each member of the Board's staff, and each of the
Board's consultants shall execute an agreement never to reveal any classified
information obtained by virtue of his or her service with the Board except to
the President or to such persons as the President may designate.
Sec. 6. Members of the Board shall serve without compensation, but may
receive transportation, expense, and per diem allowances as authorized by
law. Staff and consultants to the Board shall receive pay and allowances as
authorized by the President.
Ronald Reagan
THE WHITE HOUSE,
December 4, 1981.
[FR Doc. 81-35204
Filed 12-4-81: 4:10 pm]
Billing code 3195-01-M
43240
Federal Register / Vol. 44, No. 143 / Tuesday, July 24, 1979 / Presidential Documents
Section 2. Management of Emergency Planning and Assistance
2-1. General.
2-101. The Director of the Federal Emergency Management Agency shall
establish Federal policies for, and coordinate, all civil defense and civil
Executive agencies.
emergency planning, management, mitigation, and assistance functions of
2-102. The Director shall periodically review and evaluate the civil defense
the efficiency and effectiveness of those functions, the Director shall recom-
and civil emergency functions of the Executive agencies. In order to improve
management, mitigation, and assistance.
mend to the President alternative methods of providing Federal planning.
2-103. The Director shall be responsible for the coordination of efforts to
promote dam safety, for the coordination of natural and nuclear disaster
reduce warning systems, and for the coordination of preparedness and planning to
the consequences of major terrorist incidents.
civil local governments and private sector to stimulate vigorous participation and
2-104. The Director shall represent the President in working with State
emergency preparedness, mitigation, response, and recovery programs. in
subsequent transmittal to the Congress on the functions of the Federal Emer- for
2-105. The Director shall provide an annual report to the President
gency Management Agency. The report shall assess the current overall
tions, resources, and systems and recommend measures to be taken organiza-
effectiveness of Federal civil defense and civil emergency functions, state of
ment, prove the planning, management, assistance, and relief by all levels of govern- to im-
private sector, and volunteer organizations.
2-2. Implementation.
policies 2-201. In executing the functions under this Order, the Director shall
resources, systems of Executive agencies are:
which and provide that all civil defense and civil emergency functions, develop
maximum (a) founded on the use of existing organizations, resources, and systems to the
extent practicable;
and (b) integrated local effectively with organizations, resources, and of
governments, the private sector and volunteer organizations; programs State and
(c) developed, from tested and utilized to prepare for, mitigate, respond to
recover the effects on the population of all forms of emergencies. and
based 2-202. Assignments of civil emergency functions shall, whenever
the on extensions (under emergency conditions) of the regular possible, missions be of
Executive agencies.
natural, 2-203. For purposes of this Order, "civil emergency" means
man-caused, or wartime emergency or threat thereof, which any accidental.
to may or cause loss of substantial property. injury or harm to the population or substantial causes damage or
link between Nation's overall strategic policy, and in order to maintain compatible
with 2-204. the In order that civil defense planning continues to be fully
Director of the development of civil defense policies and preparedness
planning, the strategic nuclear planning and nuclear attack an effective
oversight Federal Emergency Management Agency shall programs be by the
by the Secretary of Defense and the National Security subject Council. to
Secretary Defense shall provide the Director of the Federal resources, the
2-205. To of the extent authorized by law and within available
Management Agency with support for civil defense programs in the Emergency of
nications, program development and administration, technical support, research, areas commu-
transportation, intelligence, and emergency operations.
the 2-206. All Executive agencies shall cooperate with and assist the Director in
performance of his functions.
tabiO
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Federal Register / Vol. 44, No. 143 / Tuesday, July 24, 1979 / Presidential Documents
43241
2-3. Transition Provisions.
2-301. The functions which have been transferred, reassigned, or redelegated
by Section 1 of this Order are recodified and revised as set forth in this Order
at Section 4, and as provided by the amendments made at Section 5 to the
provisions of other Orders.
2-302. Notwithstanding the revocations, revisions, codifications, and amend-
ments made by this Order, the Director may continue to perform the functions
transferred to him by Section 1 of this Order, except where they may
otherwise be inconsistent with the provisions of this Order.
Section 3. Federal Emergency Management Council
3-1. Establishment of the Council.
3-101. There is hereby established the Emergency Management Council.
3-102. The Council shall be composed of the Director of the Federal Emergen-
cy Management Agency, who shall be the Chairman, the Director of the Office
of Management and Budget and such others as the President may designate.
3-2. Functions of the Council.
3-201. The Council shall advise and assist the President in the oversight and
direction of Federal emergency programs and policies.
3-202. The Council shall provide guidance to the Director of the Federal
Emergency Management Agency in the performance of functions vested in
him.
3-3. Administrative and General Provisions.
3-301. The heads of Executive agencies shall cooperate with and assist the
Council in the performance of its functions.
3-302. The Director of the Federal Emergency Management Agency shall
provide the Council with such administrative services and support as may be
necessary or appropriate.
Section 4. Delegations
4-1. Delegation of Functions Transferred to the President.
4-101. The following functions were transferred to the Director of the Office of
Defense Mobilization by Section 2 of Reorganization Plan No. 3 of 1953 (50
U.S.C. 404 note): they were subsequently transferred to the President by
Section 1(a) of Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App.
2271 note), and they are hereby delegated to the Director of the Federal
Emergency Management Agency:
(a) The functions vested in the Secretaries of the Army, Navy, Air Force, and
Interior by the Strategic and Critical Materials Stock Piling Act, as amended
(50 U.S.C. 98 et seq.), including the functions vested in the Army and Navy
Munitions Board by item (2) of Section 6(a) of that Act (50 U.S.C. 98e(a)(2)),
but excluding the functions vested in the Secretary of the Interior by Section 7
of that Act (50 U.S.C 98f).
(b) The functions vested in the Munitions Board of the Department of Defense
by Section 4(h) of the Commodity Credit Corporation Charter Act, as amended
(15 U.S.C. 714b(h)).
(c) The function vested in the Munitions Board of the Department of Defense
by Section 204(f) [originally 204(e)] of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 485(f)).
4-102. The functions vested in the Director of the Office of Defense Mobiliza-
tion by Sections 103 and 303 of the National Security Act of 1947, as amended
by Sections 8 and 50 of the Act of September 3, 1954 (Public Law 779; 68 Stat.
1228 and 1244) (50 U.S.C. 404 and 405), were transferred to the President by
Section 1(a) of Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App.
43242
Federal Register / Vol. 44, No. 143 / Tuesday, July 24, 1979 / Presidential Documents
2271 note), and they are hereby delegated to the Director of the Federal
Emergency Management Agency.
4-103. (d) The functions vested in the Federal Civil Defense Administration or
its Administrator by the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251 et seq.), were transferred to the President by Reorganization
Plan No. 1 of 1958, and they are hereby delegated to the Director of the Federal
Emergency Management Agency.
(b) Excluded from the delegation in subsection (a) is the function under
Section 205(a)(4) of the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2286(a)(4)), relating to the establishment and maintenance of
personnel standards on the merit basis that was delegated to the Director of
the Office of Personnel Management by Section 1(b) of Executive Order No.
11589, as amended (Section 2-101(b) of Executive Order No.-12107).
4-104. The Director of the Federal Emergency Management Agency is author-
ized to redelegate, in accord with the provisions of Section 1(b) of Reorganiza-
tion Plan No. 1 of 1958 (50 U.S.C. App. 2271 note), any of the functions
delegated by Sections 4-101, 4-102, and 4-103 of this Order.
4-105. The functions vested in the Administrator of the Federal Civil Defense
Administration by Section 43 of the Act of August 10, 1956 (70A Stat. 636)
were transferred to the President by Reorganization Plan No. 1 of 1958, as
amended (50 U.S.C. App. 2271 note), were subsequently revested in the
Director of the Office of Civil and Defense Mobilization by Section 512 of
Public Law 86-500 (50 U.S.C App. 2285) [the office was changed to Office of
Emergency Planning by Public Law 87-296 (75 Stat. 630) and then to the Office
of Emergency Preparedness by Section 402 of Public Law 90-608 (82 Stat.
Plan No. 1 of 1973 (50 U.S.C. App. 2271 note), and they are hereby delegated to
1194)], were again transferred to the President by Section 1 of Reorganization
the Director of the Federal Emergency Management Agency.
Preparedness by Section 16 of the Act of September 23, 1950, as amended
4-106. The functions vested in the Director of the Office of Emergency
Plan 241-1), were transferred to the President by Section 1 of Reorganization (20
U.S.C. U.S.C. 646), and by Section 7 of the Act of September 30, 1950, as amended (20
the No. 1 of 1973 (50 U.S.C. App. 2271 note), and they are hereby delegated to
Director of the Federal Emergency Management Agency.
Preparedness by Section 762(a) of the Higher Education Act of 1965, as added
4-107. That function vested in the Director of the Office of Emergency
by Section 161(a) of the Education Amendments of 1972, and as further
delegated to the Director of the Federal Emergency Management Agency. hereby
Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note), is
amended (20 U.S.C. 1132d-l(a)), to the extent transferred to the President by
4-2. Delegation of Functions Vested in the President.
4-201. The functions vested in the President by the Disaster Relief Act of
of as the amended (42 U.S.C. Chapter 58 note), are hereby delegated to the Director 1970,
Federal Emergency Management Agency.
4-202. and The functions (related to grants for damages resulting from hurricane
92-385 (86 Stat. 556) are hereby delegated to the Director of the Federal
tropical storm Agnes) vested in the President by Section 4 of Public Law
Emergency Management Agency.
President (88 Stat. 143; 42 U.S.C. 5121 et seq.), except those functions vested of 1974
4-203. The functions vested in the President by the Disaster Relief Act
ment disasters), of 401 (relating to the repair, reconstruction, restoration, major
by Sections 1(relating to the declaration of emergencies and in the
Federal facilities), and 409 (relating to food coupons and or replace-
Management commodities), Agency. are hereby delegated to the Director of the Federal Emergency surplus
Federal Register / Vol. 44, No. 143 / Tuesday, July 24, 1979 / Presidential Documents
43243
4-204. The functions vested in the President by the Earthquake Hazards
Reduction Act of 1977 (91 Stat. 1098; 42 U.S.C. 7701 et seq.) are hereby
delegated to the Director of the Federal Emergency Management Agency.
Section 5. Other Executive Orders
5-1. Revocations.
5-101. Executive Order No. 10242, as amended, entitled "Prescribing Regula-
tions Governing the Exercise by the Federal Civil Defense Administrator of
Certain Administrative Authority Granted by the Federal Civil Defense Act of
1950", is revoked.
5-102. Sections 1 and 2 of Executive Order No. 10296, as amended, entitled
"Providing for the Performance of Certain Defense Housing and Community
Facilities and Service Functions", are revoked.
5-103. Executive Order No. 10494, as amended, relating to the disposition of
remaining functions, is revoked.
5-104. Executive Order No. 10529, as amended, relating to federal employee
participation in State and local civil defense programs, is revoked.
5-105. Section 3 of Executive Order No. 10601, as amended, which concerns
the Commodity Set Aside, is revoked.
5-106. Executive Order No. 10634, as amended, relating to loans for facilities
destroyed or damaged by a major disaster, is revoked.
5-107. Section 4(d)(2) of Executive Order No. 10900, as amended, which
concerns foreign currencies made available to make purchases for the supple-
mental stockpile, is revoked.
5-108. Executive Order No. 10952, as amended, entitled "Assigning Civil
Defense Responsibilities to the Secretary of Defense and Others", is revoked.
5-109. Executive Order No. 11051, as amended, relating to responsibilities of
the Office of Emergency Preparedness, is revoked.
5-110. Executive Order No. 11415, as amended, relating to the Health Re-
sources Advisory Committee, is revoked.
5-111. Executive Order No. 11795, as amended, entitled "Delegating Disaster
Relief Functions Pursuant to the Disaster Relief Act of 1974", is revoked,
except for Section 3 thereof.
5-112. Executive Order No. 11725, as amended, entitled "Transfer of Certain
Functions of the Office of Emergency Preparedness", is revoked.
5-113. Executive Order No. 11749, as amended, entitled "Consolidating Disas-
ter Relief Functions Assigned to the Secretary of Housing and Urban Develop-
ment" is revoked.
5-2. Amendments.
5-201. Executive Order No. 10421, as amended, relating to physical security of
defense facilities is further amended by (a) substituting the "Director of the
Federal Emergency Managment Agency" for "Director of the Office of Emer-
gency Planning" in Sections 1(a), 1(c), and 6(b); and, (b) substituting "Federal
Emergency Management Agency" for "Office of Emergency Planning" in
Sections 6(b) and 7(b).
5-202. Executive Order No. 10480, as amended, is further amended by (a)
substituting "Director of the Federal Emergency Management Agency" for
"Director of the Office of Emergency Planning" in Sections 101(a), 101(b),
201(a), 201(b), 301, 304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and 605;
and, (b) substituting "Director of the Federal Emergency Management
Agency" for "Administrator of General Services" in Section 610.
5-203. Section 3(d) of Executive Order No. 10582, as amended, which relates to
determinations under the Buy American Act is amended by deleting "Director
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Federal Register / Vol. 44, No. 143 / Tuesday, July 24, 1979 / Presidential Documents
of the Office of Emergency Planning" and substituting therefor "Director of the
Federal Emergency Managment Agency".
5-204. Paragraph 21 of Executive Order No. 10789, as amended, is further
amended by adding "The Federal Emergency Management Agency" after
"Government Printing Office".
5-205. Executive Order No. 11179, as amended, concerning the National
Defense Executive Reserve, is further amended by deleting "Director of the
Office of Emergency Planning" in Section 2 and substituting therefor "Director
of the Federal Emergency Management Agency".
5-206. Section 7 of Executive Order No. 11912, as amended, concerning energy
policy and conservation, is further amended by deleting "Administrator of
General Services" and substituting therefor "Director of the Federal Emergen-
cy Management Agency".
5-207. Section 2(d) of Executive Order No. 11988 entitled "Floodplain Mange-
ment" is amended by deleting "Federal Insurance Administration" and substi-
tuting therefor "Director of the Federal Emergency Management Agency".
5-208. Section 5-3 of Executive Order No. 12046 of March 29, 1978, is amended
by deleting "General Services Administration" and substituting therefor "Fed-
eral Emergency Management Agency" and by deleting "Administrator of
General Services" and substituting therefor "Director of the Federal Emergen-
cy Management Agency".
5-209. Section 1-201 of Executive Order No. 12065 is amended by adding "The
Director of the Federal Emergency Management Agency" after "The Adminis-
trator, National Aeronautics and Space Administration" and by deleting
"Director, Federal Preparedness Agency and to the" from the parentheses
after "The Administrator of General Services".
5-210. Section 1-102 of Executive Order No. 12075 of August 16, 1978, is
amended by adding in alphabetical order "(p) Federal Emergency Manage-
ment Agency".
5-211. Section 1-102 of Executive Order No. 12083 of September 27, 1978 is
amended by adding in alphabetical order "(x) the Director of the Federal
Emergency Management Agency".
5-212. Section 9.11(b) of Civil Service Rule IX (5 CFR Part 9) is amended by
deleting "the Defense Civil Preparedness Agency and".
5-213. Section 3(2) of each of the following described Executive orders is
amended by adding "Federal Emergency Management Agency" immediately
after "Department of Transportation".
(a) Executive Order No. 11331 establishing the Pacific Northwest River Basins
Commission.
(b) Executive Order No. 11345, as amended, establishing the Great Lakes
Basin Commission.
(c) Executive Order No. 11371, as amended, establishing the New England
River Basins Commission.
(d) Executive Order No. 11578, as amended, establishing the Ohio River Basin
Commission.
(e) Executive Order No. 11658, as amended, establishing the Missouri River
Basin Commission.
(f) Executive Order No. 11659, as amended, establishing the Upper Mississippi
River Basin Commission.
5-214. Executive Order No. 11490, as amended, is further amended as follows:
(a) Delete the last sentence of Section 102(a) and substitute therefor the
following: "The activities undertaken by the departments and agencies pursu-
ant to this Order, except as provided in Section 3003, shall be in accordance
Federal Register / Vol. 44, No. 143 / Tuesday, July 24, 1979 / Presidential Documents
43245
with guidance provided by, and subject to, evaluation by the Director of the
Federal Emergency Management Agency.".
(b) Delete Section 103 entitled "Presidential Assistance" and substitute the
following new Section 103: "Sec. 103 General Coordination. The Director of
the Federal Emergency Management Agency (FEMA) shall determine national
preparedness goals and policies for the performance of functions under this
Order and coordinate the performance of such functions with the total nation-
al preparedness programs.".
(c) Delete the portion of the first sentence of Section 401 prior to the colon and
insert the following: "The Secretary of Defense shall perform the following
emergency preparedness functions".
(d) Delete "Directior of the Federal Preparedness Agency (GSA)" or "the
Federal Preparedness Agency (GSA)" and substitute therefor "Director,
FEMA", in Sections 401(3), 401(4), 401(5), 401(9), 401(10), 401(14), 401(15),
401(16), 401(19), 401(21), 401(22), 501(8), 601(2), 904(2), 1102(2), 1204(2), 1401(a),
1701, 1702, 2003, 2004, 2801(5), 3001, 3002(2), 3004, 3005, 3006, 3008, 3010, and
3013.
(e) The number assigned to this Order shall be substituted for "11051 of
September 27, 1962" in Section 3001, and for "11051" in Sections 1802, 2002(3),
3002 and 3008(1).
(f) The number assigned to this Order shall be substituted for "10952" in
Sections 1103, 1104, 1205, and 3002.
(g) Delete "Department of Defense" in Sections 502, 601(1), 804, 905, 1103, 1104,
1106(4), 1205, 2002(8), the first sentence of Section 3002, and Sections 3008(1)
and 3010 and substitute therefor "Director of the Federal Emergency Manage-
ment Agency.".
Section 6. This Order is effective July 15, 1979.
THE WHITE HOUSE,
Jimmy Carter
July 20, 1979.
[FR Doc. 79-22915
Filed 7-20-79; 2:18 pm]
Billing code 3195-01-M
43239
Federal Register
Presidential Documents
Vol. 44. No. 143
Tuesday. July 24, 1979
Title 3-
Executive Order 12148 of July 20, 1979
The President
Federal Emergency Management
By the authority vested in me as President by the Constitution and laws of the
United States of America, including the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1970, as
amended (42 U.S.C. Chapter 58 note), the Disaster Relief Act of 1974 (83 Stat.
143; 42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), Section 4 of Public Law 92-385 (86 Stat. 556), Section 13 of
the Act of August 10, 1956, as amended (50 U.S.C. App. 2285), the National
Security Act of 1947, as amended, the Defense Production Act of 1050, as
amended (50 U.S.C. App. 2061 et seq.), Reorganization Plan No. 1 of 1958,
Reorganization Plan No. 1 of 1973, the Strategic and Critical Materials Stock
Piling Act, as amended (50 U.S.C. 98 et seq.), Section 202 of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 581c), and Section 301 of Title 3
of the United States Code, and in order to transfer emergency functions to the
Federal Emergency Management Agency, it is hereby ordered as follows:
Section 1. Transfers or Reassignments
1-1. Transfer or Reassignment of Existing Functions.
1-101. All functions vested in the President that have been delegated or
assigned to the Defense Civil Preparedness Agency, Department of Defense,
are transferred or reassigned to the Director of the Federal Emergency Man-
agement Agency.
1-102. All functions vested in the President that have been delegated or
assigned to the Federal Disaster Assistance Administration, Department of
Housing and Urban Development, are transferred or reassigned to the Director
of the Federal Emergency Management Agency, including any of those func-
tions redelegated or reassigned to the Department of Commerce with respect
to assistance to communities in the development of readiness plans for severe
weather-related emergencies.
1-103. All functions vested in the President that have been delegated or
assigned to the Federal Preparedness Agency, General Services Administra-
tion, are transferred or reassigned to the Director of the Federal Emergency
Management Agency.
1-104. All functions vested in the President by the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), including those functions
performed by the Office of Science and Technology Policy, are delegated,
transferred, or reassigned to the Director of the Federal Emergency Manage-
ment Agency.
1-2. Transfer or Reassignment of Resources.
1-201. The records, property, personnel and positions, and unexpended bal-
ances of appropriations, available or to be made available, which relate to the
functions transferred, reassigned, or redelegated by this Order are hereby
transferred to the Director of the Federal Emergency Management Agency.
1-202. The Director of the Office of Management and Budget shall make such
determinations, issue such orders, and take all actions necessary or appropri-
ate to effectuate the transfers or reassignments provided by this Order,
including the transfer of funds, records, property, and personnel.
THE PRESIDENT
13349
[3195-01]
Executive Order 12046
March 27, 1978
Relating to the Transfer of Telecommunications Functions
By virtue of the authority vested in me by the Constitution and laws of the
United States of America, including Section 7 of Reorganization Plan No. 1 of
1977 (42 FR 56101 (October 21, 1977)), the authority and control vested in
the President by Section 2 of Executive Order No. 11556, as amended, Sec-
tion 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C.
581c), and Section 301 of Title 3 of the United States Code, and as President
of the United States of America, in order to provide for the transfer of certain
telecommunications functions, it is hereby ordered as follows:
SECTION 1
REORGANIZATION PLAN
1-1. Implementation of Reorganization Plan.
1-101. The transfer of all the functions of the Office of Telecommunica-
tions Policy and of its Director, as provided by Section 5B of Reorganization
Plan No. 1 of 1977 (42 FR 56101), is hereby effective.
1-102. The abolition of the Office of Telecommunications Policy, as
provided by Section 3C of Reorganization Plan No. 1 of 1977, is hereby
effective.
1-103. The establishment of an Assistant Secretary for Communications
and Information, Department of Commerce, as provided by Section 4 of
Reorganization Plan No. 1 of 1977, is hereby effective.
1-2. Telecommunications Function.
1-201. Prior to the effective date of Reorganization Plan No. 1 of 1977,
the Office of Telecommunications Policy and its Director had the functions set
forth or referenced by: (1) Section 1 of Reorganization Plan No. 1 of 1970 (5
U.S.C. App. II), (2) Executive Order No. 11556 of September 4, 1970, as
amended (47 U.S.C. 305 note), (3) Executive Order No. 11191 of January 4,
1965, as amended (47 U.S.C. 721 note), (4) Executive Order No. 10705 of
April 17, 1957, as amended (47 U.S.C. 606 note), and (5) Presidential Memo-
randum of August 21, 1963, as amended by Executive Order No. 11556 and
entitled "Establishment of the National Communications System."
1-202. So much of those functions which relate to the preparation of
Presidential telecommunications policy options or to the disposition of appeals
from assignments of radio frequencies to stations of the United States Govern-
ment were transferred to the President. These functions may be delegated
within the Executive Office of the President and the delegations are set forth
in this Order at Sections 3-1 through 4-3.
FEDERAL REGISTER, VOL. 43, NO. 61-WEDNESDAY, MARCH 29, 1978
13350
THE PRESIDENT
1-203. Those telecommunications functions which were not transferred to
the President were transferred to the Secretary of Commerce. Functions trans-
ferred to the Secretary are set forth in this Order at Sections 2-1 through 2-5.
SECTION 2
FUNCTIONS TRANSFERRED TO COMMERCE
2-1. Radio Frequencies.
2-101. The authority of the President to assign frequencies to radio
stations or to classes of radio stations belonging to and operated by the
United States, including the authority to amend, modify, or revoke such
assignments, was transferred to the Secretary of Commerce.
2-102. This authority, which was originally vested in the President by
Section 305(a) of the Communications Act of 1934, as amended (47 U.S.C.
305(a)), was transferred and assigned to the Director of the Office of Tele-
communications Policy by Section 1 of Reorganization Plan No. 1 of 1970 and
Section 3 of Executive Order No. 11556.
2-103. The authority to assign frequencies to radio stations is subject to
the authority to dispose of appeals from frequency assignments as set forth in
Section 3-2 of this Order.
2-2. Construction of Radio Stations.
2-201. The authority to authorize a foreign government to construct and
operate a radio station at the seat of government of the United States was
transferred to the Secretary of Commerce. Authorization for the construction
and operation of a radio station pursuant to this authority and the assignment
of a frequency for its use can be made only upon recommendation of the
Secretary of State and after consultation with the Attorney General and the
Chairman of the Federal Communications Commission.
2-202. This authority, which was originally vested in the President by
Section 305(d) of the Communications Act of 1934, as amended (47 U.S.C.
305), was delegated to the Director of the Office of Telecommunications
Policy by Section 5 of Executive Order No. 11556.
2-3. Communications Satellite System.
2-301. Certain functions relating to the communications satellite system
were transferred to the Secretary of Commerce. Those functions were delegat-
ed or assigned to the Director of the Office of Telecommunications Policy by
Executive Order No. 11191, as amended by Executive Order No. 11556. The func-
tions include authority vested in the President by Section 201(a) of the Com-
munications Satellite Act of 1962 (76 Stat. 421, 47 U.S.C. 721(a)). These
functions are specifically set forth in the following provisions of this Section.
(a) Aid in the planning and development of the commercial communica-
tions satellite system and aid in the execution of a national program for the
operation of such a system.
(b) Conduct a continuous -review of all phases of the development and
operation of such system, including the activities of the Corporation.
(c) Coordinate, in consultation with the Secretary of State, the activities of
governmental agencies with responsibilities in the field of telecommunications,
so as to insure that there is full and effective compliance at all times with the
policies set forth in the Act.
(d) Make recommendations to the President and others as appropriate,
with respect to all steps necessary to insure the availability and appropriate
utilization of the communications satellite system for general government
purposes in consonance with Section 201(a)(6) of the Act.
FEDERAL REGISTER, VOL. 43, NO. 61-WEDNESDAY, MARCH 29, 1978
THE PRESIDENT
13351
(e) Help attain coordinated and efficient use of the electromagnetic spec-
trum and the technical compatibility of the communications satellite system
with existing communications facilities both in the United States and abroad.
(f) Assist in the preparation of Presidential action documents for consider-
ation by the President as may be appropriate under Section 201(a) of the Act,
make necessary recommendations to the President in connection therewith,
and keep the President currently informed with respect to the carrying out of
the Act.
(g) Serve as the chief point of liaison between the President and the
Corporation.
(h) The Secretary of Commerce shall timely submit to the President each
year the report (including evaluations and recommendations) provided for in
Section 404(a) of the Act (47 U.S.C. 744(a)).
(i) The Secretary of Commerce shall coordinate the performance of these
functions with the Secretary of State. The Corporation and other concerned
Executive agencies shall provide the Secretary of Commerce with such assis-
tance, documents, and other cooperation as will enable the Secretary to carry
out these functions.
2-4. Other Telecommunications Functions.
Certain functions assigned, subject to the authority and control of the
President to the Director of the Office of Telecommunications Policy by
Section 2 of Executive Order No. 11556 were transferred to the Secretary of
Commerce. These functions, subject to the authority and control of the Presi-
dent, are set forth in the following subsections.
2-401. The Secretary of Commerce shall serve as the President's principal
adviser en telecommunications policies pertaining to the Nation's economic
and technological advancement and to the regulation of the telecommunica-
tions industry.
2-402. The Secretary of Commerce shall advise the Director of the Office
of Management and Budget on the development of policies relating to the
procurement and management of Federal telecommunications systems.
2-403. The Secretary of Commerce shall conduct studies and evaluations
concerning telecommunications research and development, and concerning
the initiation, improvement, expansion, testing, operation, and use of Federal
telecommunications systems. The Secretary shall advise appropriate agencies,
including the Office of Management and Budget, of the recommendations
which result from such studies and evaluations.
2-404. The Secretary of Commerce shall develop and set forth, in coordi-
nation with the Secretary of State and other interested agencies, plans, poli-
cies, and programs which relate to international telecommunications issues,
conferences, and negotiations. The Secretary of Commerce shall coordinate
economic, technical, operational and related preparations for United States
participation in international telecommunications conferences and negotia-
tions. The Secretary shall provide advice and assistance to the Secretary of
State on international telecommunications policies to strengthen the position
and serve the best interests of the United States, in support of the Secretary of
State's responsibility for the conduct of foreign affairs.
2-405. The Secretary of Commerce shall provide for the coordination of
the telecommunications activities of the Executive Branch, and shall assist in
the formulation of policies and standards for those activities, including but not
limited to considerations of interoperability, privacy, security, spectrum use
and emergency readiness.
FEDERAL REGISTER, VOL. 43, NO. 61-WEDNESDAY, MARCH 29, 1978
18252
PRESIDENT
2-406. The Secretary of Commerce shall develop and set forth telecom-
munications policies pertaining to the Nation's economic and technological
advancement and to the regulation of the telecommunications industry.
2-407. The Secretary of Commerce shall ensure that the Executive
Branch views on selecommunications matters are effectively presented to the
Federal Communications Commission and, in coordination with the Director
of the Office of Management and Budget, to the Congress.
2-408. The Secretary of Commerce shall establish policies concerning
spectrum assignments and use by radio stations belonging to and operated by
the United States. Agencies shall consult with the Secretary of Commerce to
ensure that their conduct of telecommunications activities is consistent with
those policies.
2-409. The Secretary of Commerce shall develop, in cooperation with the
Federal Communications Commission, a comprehensive long-range plan for
improved management of all electromagnetic spectrum resources.
2-410. The Secretary of Commerce shall conduct studies and make rec-
ommendations concerning the impact of the convergence of computer and
communications technology.
2-411. The Secretary of Commerce shall coordinate Federal telecom-
munications assistance to State and local governments.
2-412. The Secretary of Commerce shall conduct and coordinate econom-
ic and technical analyses of telecommunications policies, activities, and oppor-
tunities in support of assigned responsibilities.
2-413. The Secretary of Commerce shall contract for studies and reports
related to any aspect of assigned responsibilities.
2-414. The Secretary of Commerce shall participate with the National
Security Council and the Director of the Office of Science and Technology
Policy in carrying out their functions under Sections 4-1, 4-2, and 4-3 of this
Order, and may perform specific staff services for them as requested.
2-5. Consultation Responsibilities.
2-501. The authority to establish coordinating committees, as assigned to
the Director of the Office of Telecommunications Policy by Section 10 of
Executive Order No. 11556, was transferred to the Secretary of Commerce.
2-502. As permitted by law, the Secretary of Commerce shall establish
such interagency committees and working groups composed of representatives
of interested agencies, and shall consult with such departments and agencies
as may be necessary for the most effective performance of his functions. To
the extent he deems it necessary to continue the Interdepartment Radio
Advisory Committee, that Committee shall serve in an advisory capacity to the
Secretary. As permitted by law, the Secretary also shall establish one or more
telecommunications advisory committees composed of experts in the telecom-
munications area outside the Government.
SECTION 3
FUNCTIONS ASSIGNED TO THE OFFICE OF MANAGEMENT AND BUDGET
3-1. Telecommunications Procurement and Management.
3-101. The responsibility for serving as the President's principal adviser
on procurement and management of Federal telecommunications systems and
the responsibility for developing and establishing policies for procurement
and management of such systems, which responsibilities were assigned to the
FEDERAL REGISTER, VOL. 4a, NO. 61-WEDNESDAY, MARCH 29, 1978
THE PRESIDENT
13353
Director of the Office of Telecommunications Policy subject to the authority
and control of the President by Section 2(b) of Executive Order No. 11556,
were transferred to the President.
3-102. These functions are delegated to the Director of the Office of
Management and Budget.
3-2. Radio Frequency Appeals.
3-201. The authority to make final disposition of appeals from frequency
assignments by the Secretary of Commerce for radio stations belonging to and
operated by the United States, which authority was vested in the President by
Section 305(a) of the Communications Act of 1934 (47 U.S.C. 305(a)) and
transferred to the Director of the Office of Telecommunications Policy by
Reorganization Plan No. 1 of 1970 (5 U.S.C. App. II), was transferred to the
President.
3-202. This function is delegated to the Director of the Office of Manage-
ment and Budget.
SECTION 4
FUNCTIONS ASSIGNED TO THE NATIONAL SECURITY COUNCIL AND THE OFFICE OF
SCIENCE AND TECHNOLOGY POLICY
4-1. Emergency Functions.
4-101. The war power functions of the President under Section 606 of
the Communications Act of 1934, as amended (47 U.S.C. 606), which were
delegated to the Director of the Office of Telecommunications Policy by the
Provisions of Section 4 of Executive Order No. 10705, were transferred to the
President.
4-102. The Director of the Office of Science and Technology Policy shall
prepare to direct the exercise of these functions, and the National Security
Council shall prepare to exercise appropriate policy direction, should the
President so instruct. These instructions would be given in accordance with
the National Emergencies Act (90 Stat. 1255, 50 U.S.C. 1601).
4-103. The Director of the Office of Science and Technology Policy shall
prepare Presidential policy options with respect to the evaluation by appropri-
ate means, including suitable tests, of the capability of existing and planned
communications systems to meet national security and emergency prepared-
ness requirements, and report the results and any recommended remedial
actions to the President and the National Security Council.
4-2. National Communications System.
4-201. The responsibility for policy direction of the development and
operation of a National Communications System, which was assigned to the
Director of the Office of Telecommunications Policy by the Presidential
Memorandum of August 21, 1963, as amended by Executive Order No. 11556,
was transferred to the President.
4-202. The function is more particularly identified, and is delegated to
the National Security Council, in the amendments made by Section 6-101 of
this Order to the President's Memorandum of August 21, 1963.
4-3. Planning Functions.
4-301. The function of coordinating the development of policy, plans,
programs, and standards for the mobilization and use of the Nation's telecom-
munications resources in any emergency, which function was assigned to the
FEDERAL REGISTER, VOL. 43, NO. 61-WEDNESDAY, MARCH 29, 1978
13354
THE PRESIDENT
Director of the Office of Telecommunications Policy subject to the authority
and control of the President by Section 2(h) of the Executive Order No.
11556, was transferred to the President.
4-302. The National Security Council shall assist the President in the
performance of this function.
SECTION 5
RELATED TELECOMMUNICATIONS FUNCTIONS
5-1. The Department of Commerce.
5-101. The Secretary of Commerce shall continue to perform the follow-
ing functions previously assigned by Section 13 of Executive Order No. 11556:
(a) Perform analysis, engineering, and administrative functions, including
the maintenance of necessary files and data bases, as necessary in the perfor-
mance of assigned responsibilities for the management of electromagnetic
spectrum.
(b) Conduct research and analysis of electromagnetic propagation, radio
systems characteristics, and operating techniques affecting the utilization of
the electromagnetic spectrum in coordination with specialized, related re-
search and analysis performed by other Federal agencies in their areas of
responsibility.
(c) Conduct research and analysis in the general field of telecommunica-
tions sciences in support of assigned functions and in support of other Gov-
ernment agencies.
5-102. The Secretary of Commerce shall participate, as appropriate, in
evaluating the capability of telecommunications resources, in recommending
remedial actions, and in developing policy options.
5-2. Department of State.
5-201. With respect to telecommunications, the Secretary of State shall
exercise primary authority for the conduct of. foreign policy, including the
determination of United States positions and the conduct of United States
participation in negotiations with foreign governments and international
bodies. In exercising this responsibility the Secretary of State shall coordinate
with other agencies as appropriate, and, in particular, shall give full consider-
ation to the Federal Communications Commission's regulatory and policy
responsibility in this area.
5-202. The Secretary of State shall continue to perform the following
functions previously assigned by Executive Order No. 11191, as amended:
(a) Exercise the supervision provided for in Section 201(a)(4) of the
Communications Satellite Act of 1962, as amended (47 U.S.C. 721 (a)(4)); be
responsible, although the Secretary of Commerce is the chief point of liaison,
for instructing the Communications Satellite Corporation in its role as the
designated United States representative to the International Telecommunica-
tions Satellite Organization; and direct the foreign relations of the United
States with respect to actions under the Communications Satellite Act of 1962,
as amended.
(b) Coordinate, in accordance with the applicable interagency agreements,
the performance of these functions with the Secretary of Commerce, the
Federal Communications Commission, other concerned Executive agencies,
and the Communications Satellite Corporation (see 47 U.S.C. 731-735). The
Corporation and other concerned Executive agencies shall provide the Secre-
FEDERAL REGISTER, VOL. 43, NO. 61-WEDNESDAY, MARCH 29, 1978
TIME PRESIDENT
13355
tary of State with such assistance, documents, and other cooperation as will
enable the Secretary to carry out these functions.
5-3. General Services Administration. The Administrator of General Services shall
coordinate with the Secretary of Commerce, the Director of the Office of
Science and Technology Policy, and the National Security Council the devel-
opment of policies, plans, programs, and standards for the emergency use of
telecommunications.
SECTION 6
GENERAL PROVISIONS
6-1. Transfer Provisions.
6-101. In order to reflect the transfer and assignment made by Section 5B
of Reorganization Plan No. 1 of 1977 and Section 13 of this Order, the
President's Memorandum of August 21, 1963, entitled "Establishment of the
National Communications System" (28 FR 9413, 3 CFR 1959-1963 Compila-
tion) as amended by Section 8 of Executive Order No. 11556, is further
amended as follows:
(a) Delete the first paragraph after the heading "Executive Office Respon-
sibilities" and substitute therefor:
"The National Security Council shall be responsible for Presidential policy
options concerning the development and operation of the National Com-
munications System (NCS) and shall:".
(b) Delete the last two paragraphs in that part of the memo headed
"Executive Office Responsibilities" and substitute therefor:
"In performing these functions, the National Security Council will consult
with the Secretary of Commerce, the Director of the Office of Manage-
ment and Budget, the Director of the Office of Science and Technology
Policy, and the Administrator of General Services, as appropriate; will
establish arrangements for interagency consultation to ensure that the
NSC will meet essential needs of all government agencies; and will be
responsible for carrying on the work formerly done by the Subcommittee
on Communications of the Executive Committee of the National Security
Council. In addition to staff regularly assigned, the National Security
Council and the Director of the Office of Science and Technology Policy
may arrange for the detail or temporary assignment of communications
and other specialists from any agency.
"The Director of the Office of Management and Budget, in consultation
with the National Security Council, the Secretary of Commerce, the Ad-
ministrator of General Services, and the Executive Agent of the NCS, will
prescribe general guidelines and procedures for reviewing the financing
of the NCS within the budgetary process and for preparation of budget
estimates by participating agencies.".
(c) In the paragraph after the heading "Agency Responsibilities", delete
"Director of the Office of Telecommunications Policy" and substitute therefor
"National Security Council."
6-102. The primary responsibility for performing all administrative sup-
port and service functions that are related to functions transferred from the
Office of Telecommunications Policy and its Director to the President, includ-
ing those functions delegated or assigned within the Executive Office of the
President, are transferred to the Office of Administration. The Domestic
FEDERAL REGISTER, VOL. 43, NO. 61-WEDNESDAY, MARCH 29, 1978
13356
THE PRESIDENT
Policy Staff shall perform such functions related to the preparation of Presi-
dential telecommunications policy options as the President may from time to
time direct.
6-103. The records, property, personnel, and unexpended balances of
appropriations, available or to be made available, which relate to the functions
transferred, assigned, or delegated as provided in this Order are hereby
transferred as appropriate.
6-104. The Director of the Office of Management and Budget shall make
such determinations, issue such orders, and take all actions necessary or
appropriate to effectuate the transfers or reassignments provided in this
Order, including the transfer of funds, records, property, and personnel.
6-2. Amendments. In order to reflect the transfers provided by this Order, the
following conforming amendments and revocations are ordered:
6-201. Section 306 of Executive Order No. 11051, as amended, is further
amended to read:
"Sec. 306. Emergency telecommunications. The Administrator of General Ser-
vices shall be responsible for coordinating with the National Security Council
in planning for the mobilization of the Nation's telecommunications resources
in time of national emergency.".
6-202. Executive Order No. 11490, as amended is further amended by:
(1) substituting "National Security Council" for "Office of Telecommuni-
cations Policy (35 FR 6421)" in Section 401(27), and
(2) substituting the number of this Order for "11556" and deleting
references to Executive Order No. 10705 in Sections 1802 and 2002(3).
6-203. Executive Order No. 11725, as amended, is further amended by
substituting the number and date of this Order for the reference to Executive
Order No. 11556 of September 4, 1970 in Section 3(16).
6-204. Executive Orders No. 10705, as amended, No. 11191, as amended,
and No. 11556, as amended, are revoked.
6-3. General.
6-301. All Executive agencies to which functions are assigned pursuant to
this Order shall issue such rules and regulations as may be necessary to carry
them out.
6-302. All Executive agencies are authorized and directed to cooperate
with the departments and agencies to which functions are assigned pursuant to
this Order and to furnish them such information, support and assistance, not
inconsistent with law, as they may require in the performance of those func-
tions.
6-303. (a) Nothing in this Order reassigns any function assigned any
agency under the Federal Property and Administrative Services Act of 1949, as
amended, nor does anything in this Order impair the existing authority of the
Administrator of General Services to provide and operate telecommunications
services and to prescribe policies and methods of procurement, or impair the
policy and oversight roles of the Office of Management and Budget.
FEDERAL REGISTER, VOL 43, NO. 61-WEDNESDAY, MARCH 29, 1978
THE PRESIDENT
13357
(b) In carrying out the functions in this Order, the Secretary of Com-
merce shall coordinate activities as appropriate with the Federal Communica-
tions Commission and make appropriate recommendations to it as the regula-
tor of the private sector. Nothing in this Order reassigns any function vested
by law in the Federal Communications Commission.
6-304. This Order shall be effective March 26, 1978.
Jimmy Carter
THE WHITE HOUSE,
March 27, 1978.
IFR Doc. 78-8494 Filed 3-28-78; 1:12 pm]
FEDERAL REGISTER, VOL 43, NO. 61-WEDNESDAY, MARCH 29, 1978
Chapter II-Executive Orders
E.O. 11725
SEC. 6. Executive Order No. 11508 of February 10, 1970, and Execu-
tive Order No. 11560 of September 23, 1970, are hereby superseded,
and the Property Review Board is hereby abolished.
SEC. 7. This order shall be effective as of July 1, 1973.
RICHARD NIXON
THE WHITE HOUSE,
June 25, 1973.
EDITORIAL NOTE: For the text of the President's announcement, dated June 25,
1973, on the Council, see the Weekly Compilation of Presidential Documents (vol. 9,
p. 858).
Executive Order 11725
June 27, 1973
Transfer of Certain Functions of the Office of Emergency Preparedness
Under and by virtue of the authority vested in me by Reorganization
Plan No. 1 of 1958, Reorganization Plan No. 1 of 1973, the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.),
the Disaster Relief Act of 1970, as amended (42 U.S.C. 4401, et seq.),
and Section 301 of title 3 of the United States Code, and as President
of the United States of America, it is hereby ordered as follows:
Section 1. The Secretary of Housing and Urban Development is
designated and empowered to exercise, without the approval, ratification,
or other action of the President:
(1) All authority vested in the President by the Disaster Relief Act
of 1970, as amended, and assigned or delegated to the Director of the
Office of Emergency Preparedness by Executive Order No. 11575 of
December 31, 1970, as amended by Executive Order No. 11662 of
March 29, 1972.
(2) All authority which was vested in the Office of Emergency
Preparedness, or the Director thereof, by the Disaster Relief Act of
1970, as amended, and which was transferred to the President by
Reorganization Plan No. 1 of 1973.
(3) All authority which was vested in the Director of the Office of
Emergency Preparedness with respect to determining whether a major
disaster has occurred within the meaning of (A) section 16 of the act
of September 23, 1950, as amended, (20 U.S.C. 646), (B) section 7 of
779
E.O. 11725
Title 3, 1971-1975 Compilation
the act of September 30, 1950, as amended (20 U.S.C. 241-1), and
(C) section 762 (a) of the Higher Education Act of 1965 as added by
section 161 (a) of the Education Amendments of 1972, Public Law
92-318, 86 Stat. 288 at 299 (relating to the furnishing by the Commis-
sioner of Education of disaster relief assistance for educational purposes),
and which was transferred to the President by Reorganization Plan No. 1
of 1973.
(4) All authority vested in the Office of Emergency Preparedness
or the Director thereof, including serving as Chairman of the National
Council on Federal Disaster Assistance, by Executive Order No. 11526
of April 22, 1970.
(5) All authority vested in the Director of the Office of Emergency
Preparedness by Executive Order No. 11678 of August 16, 1972, relating
to the administration of certain temporary disaster relief provisions, and
(6) All other incidental authority relating to matters described in
paragraphs (1) through (5) of this section that has been vested in the
Office of Emergency Preparedness or the Director thereof by the President
by Executive order, proclamation, letter, memorandum, or other form
of directive, or otherwise.
Sec. 2. The Secretary of the Treasury is designated and empowered
to exercise, without approval, ratification, or other action of the Presi-
dent, all authority which was vested in the Director of the Office of
Emergency Preparedness by section 232 of the Trade Expansion Act of
1962, as amended (19 U.S.C. 1862), and which was transferred to the
President by Reorganization Plan No. 1 of 1973.
Sec. 3. All authority vested in the Director of the Office of Emergency
Preparedness as of June 30, 1973, by Executive order, proclamation,
or other directive issued by or on behalf of the President or otherwise,
other than that specified in section 1 (relating to disaster relief), and
section 2 (relating to import investigations) of this order, is hereby
transferred to the Administrator of General Services who shall exercise
such authority in conformance with such guidance as may be provided
by the National Security Council and, with respect to the economic and
disposal aspects of stockpiling of strategic and critical materials by the
Council on Economic Policy. Those functions include, but are not limited
to functions under-
780
Chapter II-Executive Orders
E.O. 11725
(1) Executive Order No. 10242 of May 8, 1951, relating to employ-
ment of certain part-time and temporary advisory personnel under the
Federal Civil Defense Act of 1950;
(2) Executive Order No. 10296 of October 2, 1951, as amended,
relating to the designation of critical defense housing areas pursuant to
section 101 of the Defense Housing and Community Facilities and
Services Act of 1951, 42 U.S.C. 1591;
(3) Executive Order No. 10421 of December 31, 1952, as amended,
relating to the protection of facilities important to the national security;
(4) Executive Order No. 10480 of August 14, 1953, as amended,
relating to the administration of the Defense Production Act of 1950,
as amended;
(5) Executive Order No. 10494 of October 14, 1953, relating to the
liquidation of the Economic Stabilization Agency created under the
Defense Production Act of 1950 as amended;
(6) Executive Order No. 10601 of March 21, 1955 (section 3),
relating to the designation of strategic materials to be acquired in return
for surplus agricultural commodities (Supplemental Stockpile);
(7) Executive Order No. 10634 of August 25, 1955, relating to loans
under the Defense Production Act of 1950 with respect to defense facili-
ties damaged by a major disaster;
(8) Executive Order No. 10705 of April 17, 1957, relating to the
radio stations during time of war (see Executive Order No. 11556 of
September 4, 1970) ;
(9) Executive Order No. 10900 of January 5, 1961, relating to the
Supplemental Stockpile;
(10) Executive Order No. 10952 of July 20, 1961, relating to civil
defense functions;
(11) Executive Order No. 10958 of August 14, 1961, relating to civil
defense functions;
(12) Executive Order No. 11051 of September 27, 1962 (except
sections 404(a) and 405), relating to nonmilitary emergency prepared-
ness planning, particularly under the National Security Act of 1947, as
amended, and related functions under the Defense Production Act of
1950, the Strategic and Critical Materials Stockpiling Act, the Supple-
mental Stockpile and the Buy American Act;
781
E.O. 11725
Title 3, 1971-1975 Compilation
(13) Executive Order No. 11179 of September 22, 1964, relating to
the National Defense Executive Reserve;
(14) Executive Order No. 11415 of June 24, 1968, relating to the
National Health Resources Advisory Committee;
(15) Executive Order No. 11490 of October 28, 1969, relating to
the assignment of emergency preparedness functions to Federal depart-
ments and agencies;
(16) Executive Order No. 11556 of September 4, 1970, relating to
telecommunications contingency planning;
(17) Section 203(n) of the Federal Property and Administration
Services Act of 1949, as amended (40 U.S.C. 484(n)), relating to the
disposal of surplus property;
(18) All other incidental authority relating to matters described in
paragraphs (1) through (17) of this section that has been vested in the
Office of Emergency Preparedness or the Director thereof by the Presi-
dent by Executive order, proclamation, letter, memorandum, or other
form of directive, or otherwise.
Sec. 4. All rules, regulations, orders, determinations, permits, con-
tracts, certifications, licenses, and privileges (including all delegations
of authority and delegations of authority to redelegate) which have been
issued, made, granted, or allowed to become effective by the President,
the Director of the Office of Emergency Preparedness, or the Office of
Emergency Preparedness or any official thereof, in the performance of
functions which are transferred by this order and which are in effect
at the time this order takes effect, shall continue in effect according to
their terms until modified, terminated, superseded, set aside, or revoked
by the President, the Secretary of Housing and Urban Development, the
Secretary of the Treasury, or the Administrator of General Services, as
the case may be, or other authorized officials, or by operation of law.
Sec. 5. Pursuant to the authority vested in me by section 703 of the
Defense Production Act of 1950 as amended (50 U.S.C. App. 2153),
the Administrator is authorized to establish a subordinate agency within
the General Services Administration to perform such of the functions
under the Defense Production Act of 1950, as amended, as have been
delegated to him under this order or any other Executive order, as the
Administrator deems appropriate. The Administrator is authorized to
appoint a head of that agency who shall be compensated at the rate now
782
Chapter II-Executive Orders
E.O. 11726
or hereafter established for level V of the Executive Schedule (5 U.S.C.
5316). That agency and its head shall perform such functions, in addi-
tion to functions under the Defense Production Act of 1950, as amended,
as the Administrator may, from time to time, prescribe.
Sec. 6. (a) The transfer of functions accomplished by this Executive
order shall in no way be deemed to diminish the need for, or the scope
or priority of, the performance of those functions.
(b) All Federal executive departments and agencies are directed to
cooperate fully with officials exercising authorities transferred under
this order.
Sec. 7. Sections 404(a) and 405 of Executive Order No. 11051, as
amended, are hereby revoked.
Sec. 8. This order shall be effective as of July 1, 1973.
RICHARD NIXON
THE WHITE HOUSE,
June 27, 1973 .
Executive Order 11726
June 29, 1973
Energy Policy Office
By virtue of the authority vested in me as President of the United
States of America, it is hereby ordered as follows:
ENERGY POLICY OFFICE
SECTION 1. There is hereby established in the Executive Office of the
President an Energy Policy Office. The office shall be under the immedi-
ate supervision and direction of a Director of the Energy Policy Office
who shall be designated or appointed by the President.
FUNCTIONS OF THE DIRECTOR
SEC. 2(a). The Director shall be the Administration's chief policy
officer with respect to energy matters, and shall be the President's prin-
cipal adviser concerning those matters.
(b) The Director shall also be responsible for-
783
APPENDIX
Dro-
con-
tive
EXECUTIVE ORDERS Nos. 11652 AND 11714
tec-
THE WHITE HOUSE
our
March 8, 1972.
ould
EXECUTIVE ORDER NO. 11652
all
CLASSIFICATION AND DECLASSIFICATION OF NATIONAL SECURITY INFORMATION
the
AND MATERIAL
gis-
tain
The interests of the United States and its citizens are best served by making
information regarding the affairs of Government readily available to the public.
cise
This concept of an informed citizenry is reflected in the Freedom of Information
tion
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 subject 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 information or
material in this order, is expressly exempted from public disclosure by section
552(b) (1) of title 5, United States Code. Wrongful disclosure of such information
or material is recognized in the Federal Criminal Code as providing a basis for
prosecution.
To insure that such information and material is protected, but only to the ex-
tent and for such period as is necessary, this order identifies the information to
be protected, prescribes classification, downgrading, declassification, and safe-
guarding procedures to be followed, and establishes a monitoring system to
insure its effectiveness.
Now, therefore, bv 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 "Confidential," de-
pending upon the degree of its significance to national security. No other cate-
gories shall be used to identify official information or material as requiring
protection in the interest of national security, except as otherwise expressly pro-J
vided 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 exceptionally grave damage to the national
security. Examples of "exceptionally 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 scientific or technologi-
cal developments vital to national security. This classification shall be used with
the utmost restraint.
(105)
106
(B) "Secret."-"Secret" refers to that national security information or mate-
rial which requires a substantial degree of protection. The test for assigning
"Secret" classification shall be whether its unauthorized disclosure could rea-
sonably 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 poliye directly
related to the national security; revelation of significant military plans of intel-
ligence 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 the national security information
or material which requires protection. The test for assigning "Confidential"
classification shall be whether its unauthorized disclosure could reasonably be ex-
pected to cause damage to the national security.
SECTION 2. AUTHORITY TO CLASSIFY
The authority to originally classify information 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 under this
order as "Top Secret" shall be exercised only by such officials as the President
may designate in writing and by:
(1) The heads of the Departments listed below;
(2) Such of their senior principal deputies and assistants as the heads of
such Departments may designate in writing; and
(3) Such heads and senior principal deputies and assistants of major
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 Navv.
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 author-
ity under (A) (1) and (2) above may designate in writing; and
(3) The heads of the following named departments and such senior prin-
cipal 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.
U.S. Civil Service Commission.
U.S. 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 Corp.
107
(C) The authority to originally classify information or material under 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 estab-
lished hereafter shall not have authority to originally classify information or
material under this order, unless specifically authorized hereafter by an Execu-
tive order.
SECTION 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 capacity or by a super-
visory official of either.
(B) Downgrading and declassification authority may also be exercised by an
official specifically authorized under regulations issued by the head of the De-
partment listed in sections 2(A) or (B) hereof.
(C) In the case of classified information or material officially transferred by
or pursuant to statute or Executive order in conjunction with a transfer of func-
tion and not merely for storage purposes, the receiving Department shall be
deemed to be the originating Department for all purposes under this order includ-
ing 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 Depart-
ment 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 Se-
curity 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 govern-
ing regulations.
SECTION 4. CLASSIFICATION
Each person possessing classifying authority shall be held accountable for the
propriety of the classifications attributed to him. Both unnecessary classifica-
tion and overclassification shall be avoided. Classification shall be solely on the
basis of national security considerations. In no case shall information be classi-
fied in order to conceal inefficiency or administrative error, to prevent embarrass-
ment to a person or Department, to restrain competition or independent initia-
tive, 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 de-
classification schedule. It shall also show the office of origin, the date of prep-
aration 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 in-
formation, 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 high-
est level that authorized classification in each case, material classified under
this order shall indicate on its face the identity of the highest authority author-
izing the classification. Where the individual 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 furnisked by a foreign government or international
organization.-Classified information or material furnished to the United States
108
by a foreign government or international organization shall either retain its
order
original classification or be assigned a U.S. classification. In either case, the
amen
classification shall assure a degree of protection equivalent to that required by
ficatic
the government or international organization which furnished the information
date È
01 material.
No. 1
(D) Classification responsibilities.-A holder of classified information or ma-
ule. E
terial shall observe and respect the classification assigned by the originator. If
it sha
a holder believes that thete is unnecessary classification, that the assigned classi-
the SE
fication is improper, or that the document is subject to declassification under
creat
this order, he shall so inform the originator who shall thereupon reexamine the
(E)
classification.
All ci
origin
SECTION 5. DECLASSIFICATION AND DOWNGRADING
under
(1)
Classified information and material, unless declassified earlier by the original
order
classifying authority, shall be declassified and downgraded in accordance with
cally
the following rules:
classi
(A) General declassification schedule.
which
(1) "Top secret."-Information or material originally classified "top secret"
at the
shall become automatically downgraded to "secret" at the end of the second full
is ess
calendar year following the year in which it was originated, downgraded to
diate
"confidential" at the end of the fourth full calendar year following the year in
periot
which it was originated, and declassified at the end of the tenth full calendar year
(2)
following the year in which it was originated.
order
(2) "Secret."-Information and material originally classified secret" shall
ficati
become automatically downgraded to "confidential" at the end of the second full
year a
calendar year following the year in which it was originated, and declassified at
will 8
the end of the eighth full calendar year following the year in which it was originated.
cifical
(3) Confidential."-Information and material originally classified "confiden-
above
tial" shall become automatically declassified at the end of the sixth full calendar
contir
year following the year in which it was originated.
(F)
(B) Exemptions from general declassification schedule.-Certain classified
The I
information or material may warrant some degree of protection for a period
inform
exceeding that provided in the general declassification schedule. An official
this è
authorized to originally classify information or material top secret" may exempt
mater
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
SECTH
categories described below. In each case such official shall specify in writing on
BIL
the material the exemption category being claimed and, unless impossible, a date
TIO
or event for automatic declassification. The use of the exemption authority shall
be kept to the absolute minimum consistent with national security requirements
The
and shall be restricted to the following categories:
tives
(1) Classified information or material furnished by foreign governments or
from
international organizations and held by the United States on the understanding
(A)
that it be kept in confidence.
unless
(2) Classified information or material specifically covered by statute, or per-
such I
taining to cryptography, or disclosing intelligence sources or methods.
(B)
(3) Classified information or material disclosing a system, plan, installation,
spicue
project or specific foreign relations matter the continuing protection of which is
(C)
essential to the national security.
only I
(4) Classified information or material the disclosure of which would place a
disset
person in immediate jeopardy.
(D)
:-
(C) Mandatory review of exempted material.-All classified information and
branc
material originated after the effective date of this order which is exempted under
(E)
(B) above from the general declassification schedule shall be subject to a classi-
estable
fication review by the originating department at any time after the expiration
tected
of 10 years from the date of origin provided: (1) A department or member of the
(F)
public requests a review; (2) the request describes the record with sufficient par-
files C
ticularity to enable the department to identify it; and (3) the record can be ob-
corda
tained with only a reasonable amount of effort.
44 of
Information or material which no longer qualifies for exemption under (B)
(G)
above shall be declassified. Information or material continuing to qualify under
for the
(B) shall be SO marked and, unless impossible, a date for automatic declassi-
ment,
fication shall be set.
(D) Applicability of the general declassification schedule to previously classified
material.-Information or material classified before the effective date of this
109
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 declassi-
fication schedule. All other information 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 declassification sched-
ule. However, at any time after the expiration of 10 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 30 Years.-
All classified information or material which is 30 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 automati-
cally declassified at the end of 30 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 the national security or disclosure would place a person in imme-
diate 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 30 years old shall be systematically reviewed for declassi-
fication by the Archivist of the United States by the end of the 30th 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 spe-
cifically 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 declassification of national security
information or material shall apply to departments 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.
SECTION 6. POLICY DIRECTIVES ON ACCESS, MARKING, SAFEKEEPING, ACCOUNTA-
BILITY, TRANSMISSION, DISPOSITION, AND DESTRUCTION OF CLASSIFIED INFORMA-
TION AND MATERIAL
The President, acting through the National Security Council, shall issue direc-
tives 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 con-
spicuously 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 to unauthorized 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 pro-
tected adequately during all transmissions.
(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 ac-
cordance 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 systematic basis
for the purpose of accomplishing downgrading, declassification, transfer, retire-
ment, and destruction at the earliest practicable date.
110
SECTION 7. IMPLEMENTATION AND REVIEW RESPONSIBILITIES
In
(A) The National Security Council shall monitor the implementation of this
inform
order. To assist the National Security Council, an Interagency Classification
such 1
Review Committee shall be established, composed of representatives of the
scribed
Departments of State, Defense, and Justice, the Atomic Energy Commission, the
forthw
Central Intelligence Agency, and the National Security Council staff and a
interes
chairman designated by the President. Representatives of other departments in
classif
the executive branch may be invited to meet 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 actions to insure compliance with
this order, and in particular:
The
(1) The committee shall oversee department actions to insure compliance with
inform
the provisions of this order and implementing directives issued by the President
House
through the National Security Council.
the A
(2) The committee shall, subject to procedures to be established by it, receive,
dential
consider and take action on suggestions and complaints from persons within or
(i) the
without the Government with respect to the administration of this order, and in
having
consultation with the affected department or departments assure that appro-
priate action is taken on such suggestions and complaints.
(3) Upon request of the committee chairman, any department shall furnish
to the committee any particular information or material needed by the com-
mittee in carrying out its functions.
The
(B) To promote the basic purposes of this order, the head of each depart-
be gri
ment originating or handling classified information or material shall:
apply
(1) Prior to the effective date of this order submit to the Interagency Classi-
resear
fication Review Committee for approval a copy of the regulations it proposes to
which
adopt pursuant to this order.
case ***
(2) Designate a senior member of his staff who shall insure effective com-
clearly
pliance with and implementation of this order and shall also chair a depart-
priate
mental committee which shall have authority to act on all suggestions and com-
others
plaints with respect to the department's administration of this order.
Acc
(3) Undertake an initial program to familiarize the employees of his depart-
makin
ment with the provisions of this order. He shall also establish and maintain
nated
active training and orientation programs for employees 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
(A)
each individual his responsibility for exercising vigilance and care in complying
or OVE
with the provisions of this order. Additionally, upon termination of employment
violate
or contemplated temporary separation for a 60-day period or more, employees shall
the N
be debriefed and each reminded of the provisions of the criminal code and other
be grë
applicable provisions of law relating to penalties for unauthorized disclosure.
comm
(C) The Attorney General, upon request of the head of a department, his
essary
duly designated representative, or the chairman of the above described committee,
the he
shall personally or through authorized representatives of the Department of
(B)
Justice render an interpretation of this order with respect to any question arising
admin
in the course of its administration.
any le
disclos
SECTION 8. MATERIAL COVERED BY THE ATOMIC ENERGY ACT
by or,
Nothing in this order shall supersede any requirements made by or under the
Secure
Atomic Energy Act of August 30, 1954, as amended. "Restricted data," and
partm
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
Ex4
Energy Commission.
Order
Septe
SECTION 9. SPECIAL DEPARTMENTAL ARRANGEMENTS
and b
The originating department or other appropriate authority may impose, in
effect
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, intelli-
Th
gence sources and methods and cryptography.
111
SECTION 10. EXCEPTIONAL CASES
this
In an exceptional case when a person or department not authorized to classify
information originates information which is believed to require classification,
the
such person or department shall protect that information in the manner pre-
scribed by this order. Such persons or department shall transmit the information
the
forthwith, under appropriate safeguards, to the department having primary
a
interest in the subject matter with a request that a determination be made as to
in
classification.
of
larly
SECTION 11. DECLASSIFICATION OF PRESIDENTIAL PAPERS
with
The Archivist of the United States shall have authority to review and declassify
with
information and material which has been classified by a President, his White
dent
House staff or special committee or commission appointed by him and which
the Archivist has in his custody at any archival depository, including a presi-
eive,
dential library. Such declassification shall only be undertaken in accord with:
in
or
(i) the terms of the donor's deed of gift, (ii) consultation with the departments
in
having a primary subject-matter interest, and (iii) the provisions of section 5.
pro-
SECTION 12. HISTORICAL RESEARCH AND ACCESS BY
mish
FORMER GOVERNMENT OFFICIALS
20m-
The requirement in section 6(A) that access to classified information or material
art-
be granted only as is necessary for the performance of one's duties shall not
apply to persons outside the executive branch who are engaged in historical
assi-
research projects or who have previously occupied policymaking positions to
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
com-
clearly consistent with the interests of national security; and (ii) take appro-
Dart-
priate steps to assure that classified information or material is not published or
com-
otherwise compromised.
Access granted a person by reason of his having previously occupied a policy-
bart-
making position shall be limited to those papers which the former official origi-
tain
nated, reviewed, signed or received while in public office.
ified
efing
SECTION 13. ADMINISTRATIVE AND JUDICIAL ACTION
pon
ying
(A) Any officer or employee of the United States who unnecessarily classifies
nent
or overclassifies information or material shall be notified that his actions are in
hall
violation of the terms of this order or of a directive of the President issued through
ther
the National Security Council. Repeated abuse of the classification process shall
be grounds for an administrative reprimand. In any case where the departmental
his
committee or the Interagency Classification Review Committee finds that unnec-
essary classification or overclassification has occurred, it shall make a report to
of
the head of the department concerned in order that corrective steps may be taken.
sing
(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 have been responsible 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
the
Security Council. Where a violation of criminal statutes may be involved, de-
and
partments will refer any such case promptly to the Department of Justice.
sted,
the
SECTION 14. REVOCATION OF EXECUTIVE ORDER NO. 10501
omic
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, are superseded as of the
in
effective date of this order.
pect
rial,
SECTION 15. EFFECTIVE DATE
telli-
This order shall become effective on June 1, 1972.
RICHARD NIXON.
112
MARCH 8, 1972.
THE WHITE HOUSE
ORDER
Pursuant to section 2(A) of the Executive order of March 8, 1972, entitled
Classification and Declassification of National Security Information and Mate-
rial, I hereby designate the following offices in the Executive Office of the President
as possessing authority to originally classify information or material "top secret"
as set forth in said order:
The White House Office.
National Security Council.
Office of Management and Budget.
AM
Domestic Council.
Office of Science and Technology.
Office of Emergency Preparedness.
President's Foreign Intelligence Advisory Board.
Council on International Economic Policy.
Council of Economic Advisers.
st
National Aeronautics and Space Council.
E
Office of Telecommunications Policy.
fo
RICHARD NIXON.
de
re
A
N