Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
4520503
label
Declassification
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
4520503
sourceUrl
contentType
document
title
Declassification
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
Security classification (Government documents)
Executive orders
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
4520503
coverageEndDate
logicalDate
1974-12-01
month
12
year
1974
coverageStartDate
logicalDate
1974-12-01
month
12
year
1974
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
378164f0917cfdc0
ocrText
The original documents are located in Box 9, folder "Declassification" of the Philip Buchen
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 9 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
MR. PETERSEN
Declassification
HEP: RLK: ESC:imc
145-1-232
typed 12-18-74
Philip W. Buchen
Counsel to the President
The White House
Washington, D. C. 20500
Dear Mr. Buchen:
This is to thank you for the cooperative and
timely assistance you and Mr. Casselman provided
this office in obtaining the declassification of
certain White House documents. As you are aware,
it was extremely important that these documents
be declassified prior to the deposition of former
White House Assistant Tom Charles Huston, scheduled
for Saturday, December 14, 1974, and your efforts
in assisting us in meeting this deadline were
invaluable. I apologize for any inconvenience our
request may have caused you, and again want to
express my great appreciation to you and
Mr. Casselman for your assistance.
Sincerely,
HENRY E. PETERSEN
Assistant Attorney General
FORD i LIBRARY 03RALD
PRESIDENTIAL DOCUMENTS: GERALD 2. FORD, 1975
619
Federal National Mortgage Association
(a) Section 2(A) is amended by deleting the words
"Atomic Energy Commission" and substituting instead
the words "Energy Research and Development Admin-
Announcement of Appointment of Five Members
istration."
of the Board of Directors. June 11, 1975
(b) Section 2(B) is amended by adding the words
The President today announced the appointment of
"Nuclear Regulatory Commission" after the words "Over-
seas Private Investment Corporation."
five persons as members of the Board of Directors of the
Federal National Mortgage Association for terms ending
(c) Section 7(A) is amended by deleting in the second
on the date of the annual meeting of the stockholders in
sentence thereof the words "Atomic Energy Commission"
1976. Public Law 90-448 of August 1, 1968, provided for
and substituting instead the words "Energy Research and
the establishment of this Association and provided for
Development Administration."
(d) Section 8 is amended by deleting at the end there-
the orderly transfer from the Government to private
control, which went into effect in May 1970. The five
of the words "Atomic Energy Commission" and substi-
tuting instead the words "Energy Research and Develop-
persons are:
ment Administration."
JACK FRANKLIN BENNETT, of Greenwich, Conn., Under Secretary
of the Treasury for Monetary Affairs. This is a reappointment.
SEC. 2. This order shall become effective immediately.
LEWIS CENKER, of Atlanta, Ga., partner in the law firm of Smith,
GERALD R. FORD
Cohen, Ringel, Kohler, Martin & Lowe. He succeeds Louis R.
Barba, whose term has expired.
The White House,
ROBERT R. ELLIOT, of Gainesville, Va., General Counsel, Depart-
June 11, 1975.
ment of Housing and Urban Development. This is a reappoint-
[Filed with the Office of the Federal Register, 3:42 p.m.,
ment.
EDWARD E. MENDENHALL, JR., of High Point, N.C., senior partner,
June 11, 1975]
Mendenhall-Moore, Realtors. He succeeds John M. Costello,
whose term has expired.
JULIAN H. ZIMMERMAN, of Fentress, Tex., chairman of the board
and president, Equity Investors, Inc. This is a reappointment.
The Board of Directors consists of 15 members. Five
International Wheat Agreement
members, which are appointed by the President annually,
include one from the homebuilding industry, one from
The President's Message to the Senate Transmitting for
the mortgage lending industry, and one from the real
Advice and Consent to Ratification Protocols
estate industry. Ten persons are elected annually by the
Extending the Agreement. June 11, 1975
common stockholders. The President and Vice President
of the Association are selected and appointed by the
To the Senate of the United States:
Board of Directors. The 15 members serve a term of one
With a view to receiving the advice and consent of the
year, and any of the members may be removed from office
Senate to ratification, I transmit herewith the Protocols
by the President for good cause.
for the Further Extension of the Wheat Trade Conven-
tion and of the Food Aid Convention, which together
constitute the International Wheat Agreement, 1971.
These Protocols were formulated by a Conference of Gov-
ernments which met in London on February 14, 1975, and
Classification and Declassification of
were open for signature in Washington from March 25
National Security Information
through April 14.
I transmit also, for the information of the Senate, the
and Material
report of the Department of State with respect to the
Protocols.
The Protocol for the Further Extension of the Wheat
Executive Order 11862. June 11, 1975
Trade Convention, 1971, extends the Convention until
AMENDING EXECUTIVE ORDER No. 11652 RELATING TO
June 30, 1976, and maintains the framework for inter-
CLASSIFICATION AND DECLASSIFICATION OF NATIONAL
national cooperation in wheat trade matters. It also con-
SECURITY INFORMATION AND MATERIAL
tinues the existence of the International Wheat Council.
The Protocol for the Further Extension of the Food
By virtue of the authority vested in me by the Consti-
Aid Convention, 1971, also extends until June 30, 1976,
tution and statutes of the United States and in implemen-
commitments of parties to provide minimum annual
tation of the Energy Reorganization Act of 1974, Public
quantities of food aid to developing countries0 is the
Law 93-438 (88 Stat. 1233), it is hereby ordered:
intention of the United States not to deposit ratification
SECTION 1. Executive Order No. 11652 of March 8,
of this Protocol unless the European Economic Commun-
-=72, as amended, is further amended as follows:
ity becomes a party to the Protocol. The United States
Volume 11-Number 24
Chapter IV-Codified Presidential Documents E.O. 11652
EXECUTIVE ORDER 11652-CLASSIFICATION AND DECLASSIFICATION
OF NATIONAL SECURITY INFORMATION AND MATERIAL [AS
AMENDEDI
SOURCE: Executive Order 11652, 37 FR 5209, Mar. 10, 1972, as amended by the
following:
E.O. 11714, 38 FR 10245, Apr. 26, 1973.
The interests of the United States and its citizens are bat served by
making information regarding the affairs of Government readily avail-
able to the public. This concept of an informed citizenry is reflected in
the Freedom of Information Act and in the current public information
polícies of the executive branch
Within the Federal Government there is some official information
and material which, because it bears directly on the effectiveness of our
national defense and the conduct of our foreign relations, must be sub-
ject to some constraints for the security of our Nation and the safety of
our people and our allies. To protect against actions hostile to the United
States, of both an overt and covert nature, it is essential that such
official information and material be given only limited dissemination.
This official information or material, referred to as classified infor-
mation or material in this order, is expressly exempted from public
disclosure by Section 552(b) (1) of Title 5, United States Code. Wrong-
ful disclosure of such information or material is recognized in the Federal
Criminal Code as providing a basis for prosecution.
To ensure that such information and material is protected, but only
to the extent and for such period as is necessary, this order identifies the
information to be protected, prescribes classification, downgrading, de-
classification and safeguarding procedures to be followed, and establishes
2 monitoring system to ensure its effectiveness.
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, it is hereby ordered:
SECTION 1. Security Classification Categories. Official information or
material which requires protection against unauthorized disclosure in the
interest of the national defense or foreign relations of the United States
(hereinafter collectively termed "national security") shall be classified
in one of three categories, namely "Top Secret," "Secret," or "Confiden-
tial," depending upon the degree of its significance to national security.
No other categories shall be used to identify official information or
material as requiring protection in the interest of national security, except
339
E. O. 11652
Title. 3-The President
as otherwise expressly provided by statute. These classification categories
are defined as follows:
(A) "Top Secret." "Top Secret" refers to that national security
information or material which requires the highest degree of protection.
The test for assigning "Top Secret" classification shall be whether its
unauthorized disclosure could reasonably be expected to cause excep-
tionally grave damage to the national security. Examples of "excep-
tionally grave damage" include armed hostilities against the United
States or its allies; disruption of foreign relations vitally affecting the
national security; the compromise of vital national defense plans or
complex cryptologic and communications intelligence systems; the
revelation of sensitive intelligence operations; and the disclosure of scien-
tific or technological developments vital to national security. This
classification shall be used with the utmost restraint.
(B) "Secret." "Secret" refers to that national security information or
material which requires a substantial degree of protection. The test
for assigning "Secret" classification shall be whether its unauthorized
disclosure could reasonably be expected to cause serious damage to the
national security. Examples of "serious damage" include disruption of
foreign relations significantly affecting the national security; significant
impairment of a program or policy directly related to the national secu-
rity; revelation of significant military plans or intelligence operations;
and compromise of significant scientific or technological developments
relating to national sécurity. The classification "Secret" shall be sparingly
used.
(C) "Confidential." "Confidential" refers to that national security
information or material which requires protection. The test for assign-
ing "Confidential" classification shall be whether its unauthorized dis-
closure could reasonably be expected to cause damage- to the national
security.
SEC. 2. Authority to Classify. The authority to originally classify in-
formation or material under this order shall be restricted solely to those
offices within the executive branch which are concerned with matters
of national security, and shall be limited to the minimum number
absolutely required for efficient administration. Except as the context
may otherwise indicate, the term "Department" as used in this order
shall include agency or other governmental unit.
(A) The authority to originally classify information or material un-
der this order as "Top Secret" shall be exercised only by such officials as
the President may designate in writing and by:
340
Chapter IV-Codified Presidential Documents E. O. 11652
(1) The heads of the Departments listed below;
(2) Such of their senior principal deputies and assistants as the heads
of such Departments may designate in writing; and
(3) Such heads and senior principal deputies and assistants of major
elements of such Departments, as the heads of such Departments may
designate in writing.
Such offices in the Executive Office of the President as the
President may designate in writing
Central Intelligence Agency
Atomic Energy Commission
Department of State
Department of the Treasury
Department of Defense
Department of the Army
Department of the Navy
Department of the-Air Force
United States Arms Control and Disarmament Agency
Department of Justice
National Aeronautics and Space Administration
Agency for International Development
(B) The authority to originally classify information or material under
this order as "Secret" shall be exercised only by:
(1) Officials who have "Top Secret" classification authority;
(2) Such subordinates as officials with "Top Secret" classification
authority under (A) (1) and (2) above may designate in writing; and
(3) The heads of the following named Departments and such senior
principal deputies or assistants as they may designate in writing.
Department of Transportation
Federal Communications Commission
Export-Import Bank of the United States
Department of Commerce
United States Civil Service Commission
United States Information Agency
General Services Administration
Department of Health, Education, and Welfare
Civil Aeronautics Board
Federal Maritime Commission
Federal Power Commission
National Science Foundation
Ovetseas Private Investment Corporation
341
E. O. 11652
Title 3-The President
(C) The authority to originally classify information or material un-
der this order as "Confidential" may be exercised by officials who have
"Top Secret" or "Secret" classification authority and such officials
as they may designate in writing.
(D) Any Department not referred to herein and any Department or
unit established hereafter shall not have authority to originally classify
information or material under this order, unless specifically authorized
hereafter by an Executive order.
SEC. 3. Authority to Downgrade and Declassify. The authority to
downgrade and declassify national security information or material shall
be exercised as follows:
(A) Information or material may be downgraded or declassified by
the official authorizing the original classification, by a successor in capac-
ity or by a supervisory official of either.
(B) Downgrading and declassification authority may also be exer-
cised by an official specifically authorized under regulations issued by the
head of the Department listed in Sections 2 (A) or (B) hereof.
(C) In the case of classified information or material officially trans-
ferred by or pursuant to statute or Executive order in conjunction with
a transfer of function and not merely for storage purposes, the receiving
Department shall be deemed to be the originating Department for all
purposes under this order including downgrading and declassification.
(D) In the case of classified information or material not officially
transferred within (C) above, but originated in a Department which
has since ceased to exist, each Department in possession shall be deemed
to be the originating Department for all purposes under this order. Such
information or material may be downgraded and declassified by the
Department in possession after consulting with any other Departments
having an interest in the subject matter.
(E) Classified information or material transferred to the General
Services Administration for accession into the Archives of the United
States shall be downgraded and declassified by the Archivist of the
United States in accordance with this order, directives of the President
issued through the National Security Council and pertinent regulations
of the Departments.
(F) Classified information or material with special markings, as
described in Section 8, shall be downgraded and declassified as required
by law and governing regulations.
SEC. 4. Classification. Each person possessing classifying authority
shall be held accountable for the propriety of the classifications attrib-
342
uted to him. Both unnecessary classification and over-classification shall
be avoided. Classification shall be solely on the basis of national security
rousiderations. In no case shall information be classified in order to
cónceal inefficiency or administrative error, to prevent embarrassment
to 2 person or Department, to restrain competition or independent ini-
tiative, or to prevent for any other reason the release of information
which does not require protection in the interest of national security.
The following rules shall apply to classification of information under
this order:
(A) Documents in General. Each classified document shall show on
its face its classification and whether it is subject to or exempt from the
General Declassification Schedule. It shall also show the office of origin,
the date of preparation and classification and, to the extent practicable,
be so marked as to indicate which portions are classified, at what level,
and which portions are not classified in order to facilitare excerpting and
other use. Material containing references to classified materials, which
references do not reveal classified information, shall not be classified.
(B) Identification of Classifying Authority. Unless the Department
involved shall have provided some other method of identifying the
individual at the highest level that authorized classification in each case,
material classified under this order shall indicate on its face the identity
of the highest authority authorizing the classification. Where the indi-
vidual who signs or otherwise authenticates a document or item has also
authorized the classification, no further annotation as to his identity
is required.
(C) Information or Material Furnished by a Foreign Government or
International Organization. Classified information or material furnished
to the United States by a foreign government or international organiza-
tion shall either retain its original classification or be assigned a United
States classification. In either case, the classification shall assure a degree
of protection equivalent to that required by the government or inter-
national organization which furnished the information or material.
(D) Classification Responsibilities. A holder of classified informa-
tion or material shall observe and respect the classification assigned
by the originator. If a holder believes that there is unnecessary classi-
fication, that the assigned classification is improper, or that the docu-
ment is subject to declassification under this order, he shall so inform
the originator who shall thereupon re-examine the classification.
Sec. 5. Declassification and Downgrading. Classified information and
material, unless declassified earlier by the original classifying authority,
343
E. O. 11652
Title 3-The President
shall be declassified and downgraded in accordance with the following
rules:
(A) General Declassification Schedule. (1) "Top Secret." Infor-
mation or material originally classified "Top Secret" shall become
automatically downgraded to "Secret" at the end of the second full
calendar year following the year in which it was originated, down-
graded to "Confidential" at the end of the fourth full calendar year
following the year in which it was originated, and declassified at the
end of the tenth full calendar year following the year in which it was
originated.
(2) "Secret." Information and material originally classified "Secret"
shall become automatically downgraded to "Confidential" at the end
of the second full calendar year following the year in which it was
originated, and declassified at the end of the eighth full calendar year
following the year in which it was originated.
(3) "Confidential." Information and material originally classified
"Confidential" shall become automatically declassified at the end of the
sixth full calendar year following the year in which it was originated.
(B) Exemptions from General Declassification Schedule. Certain-
classified information or material may warrant some degree of pro-
tection for a period exceeding that provided in the General Declassi-
fication Schedule. An official authorized to originally classify
information or material "Top Secret" may exempt from the General
Declassification Schedule any level of classified information or material
originated by him or under his supervision if it falls within one of the
categories described below. In each case such official shall specify in
writing on the material the exemption category being claimed and,
unless impossible, a date or event for automatic declassification. The
use of the exemption authority shall be kept to the absolute minimum
consistent with national security requirements and shall be restricted
to the following categories:
(1) Classified information or material furnished by foreign govern-
ments or international organizations and held by the United States on
the understanding that it be kept in confidence.
(2) Classified information or material specifically covered by statute,
or pertaining to cryptography, or disclosing intelligence sources or
methods.
(3) Classified information or material disclosing 2 system, plan,
installation, project or specific foreign relations matter the continuing
protection of which is essential to the national security.
344
Chapier IV-Codified Presidential Documents E. O. 11652
(4) Classified information or material the disclosure of which
would place 2 person in immediate jeopardy.
(C) Mandatory Review of Exempted Material. All classified infor-
mation and material originated after the effective date of this order
which is exempted under (B) above from the General Declassification
Schedule shall be subject to a classification review by the originating
Department at any time after the expiration of ten years from the date
of origin provided:
(1) A Department or member of the public requests a review;
(2) The request describes the record with sufficient particularity to
enable the Department to identify it; and
(3) The record can be obtained with only 2 reasonable amount of
effort.
Information or material which no longer qualifies for exemption under
(B) above shall be declassified. Information or material continuing to
qualify under (B) shall be so marked and, unless impossible, a date for
automatic declassification shall be set.
(D) Applicability of the General Declassification Schedule to Previ-
ously Classified Material. Information or material classified before the
effective date of this order and which is assigned to Group 4 under
Executive Order No. 10501, as amended by Executive Order No. 10964,
shall be subject to the General Declassification Schedule. All other infor-
mation or material classified before the effective date of this order,
whether or not assigned to Groups 1, 2, or 3 of Executive Order
No. 10501, as amended, shall be excluded from the General Declassifica-
tion Schedule. However, at any time after the expiration of ten years
from the date of origin it shall be subject to a mandatory classification
review and disposition under the same conditions and criteria that apply
to classified information and material created after the effective date of
this order as set forth in (B) and (C) above.
(E) Declassification of Classified Information or Material After
Thirty Years. All classified information or material which is thirty years
old or more, whether originating before or after the effective date of
this order, shall be declassified under the following conditions:
(1) All information and material classified after the effective date of
this order shall, whether or not declassification has been requested,
become automatically declassified at the end of thirty full calendar years
after the date of its original classification except for such specifically
identified information or material which the head of the originating
Department personally determines in writing at that time to require
continued protection because such continued protection is essential to
345
20-028-71-23
E. O. 11652
Title 3-The President
the national security or disclosure would place a person in immediate
jeopardy. In such case, the head of the Department shall also specify
the period of continued classification.
(2) All information and material classified before the effective date
of this order and more than thirty years old shall be systematically
reviewed for declassification by the Archivist of the United States by the
end of the thirtieth full calendar year following the year in which it was
originated. In his review, the Archivist will separate and keep protected
only such information or material as is specifically identified by the
head of the Department in accordance with (E) (1) above. In such
case, the head of the Department shall also specify the period of
continued classification.
(F) Departments Which Do Not Have Authority For Original
Classification. The provisions of this section relating to the declassifica-
tion of national security information or material shall apply to Depart-
ments which, under the terms of this order, do not have current authority
to originally classify information or material, but which formerly had
such authority under previous Executive orders.
SEC. 6. Policy Directives on Access, Marking, Safekeeping, Account-
ability, Transmission, Disposition and Destruction of Classified Informa-
tion and Material. The President acting through the National Security
Council shall issue directives which shall be binding on all Departments
to protect classified information from loss or compromise. Such
directives shall conform to the following policies:
(A) No person shall be given access to classified information or
material unless such person has been determined to be trustworthy and
unless access to such information is necessary for the performance of his
duties.
(B) All classified information and material shall be appropriately
and conspicuously marked to put all persons on clear notice of its
classified contents.
(C) Classified information and material shall be used, possessed, and
stored only under conditions which will prevent access by unauthorized
persons or dissemination 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 protected adequately during all transmissions.
346
Chapter IV-Codiñed Presidential Documents E. O. 11652
(F) Classified information and material no longer needed in current
working files or for reference or record purposes shall be destroyed or
disposed of in accordance with the records disposal provisions contained
in Chapter 33 of Title 4-1 of the United States Code and other applicable
statutes.
(G) Classified information or material shall be reviewed on a sys-
tematic basis for the purpose of accomplishing downgrading, declassifica-
tion, transfer, retirement and destruction at the earliest practicable date.
SEC. 7. Implementation and Review Responsibilities. (A) The Na-
tional Security Council shall monitor the implementation of this order.
To assist the National Security Council, an Interagency Classification
Review Committee shall be established, composed of a Chairman desig-
nated by the President, the Archivist of the United States, and repre-
sentatives of the Departments of State, Defense and Justice, the Atomic
Energy Commission, the Central Intelligence Agency and the National
Security Council Staff. Representatives of other Departments in the exec-
utive branch may be invited to ineet with the Committee on matters of
particular interest to those Departments. This Committee shall meet
regularly and on a continuing basis shall review and take action to ensure
compliance with this order, and in particular:
(1) The Committee shall oversee Department actions to ensure com-
pliance with the provisions of this order and implementing directives
issued by the President through the National Security Council.
(2) The Committee shall, subject to procedures to be established by
it, receive, consider and take action on suggestions and complaints from
persons within or without the government with respect to the admin-
istration of this order, and in consultation with the affected Department
or Departments assure that appropriate action is taken on such sug-
gestions and complaints.
(3) Upon request of the Committee Chairman, any Department shall
furnish to the Committee any particular information or material needed
by the Committee in carrying out its functions.
[Sec. 7(A) as amended by E.O. 11714, 38 FR 10245, Apr. 26, 1973]
(B) To promote the basic purposes of this order, the head of each
Department originating or handling classified information or material
shall:
(1) Prior to the effective date of this order submit to the Interagency
Classification Review Committee for approval a copy of the regulations
it proposes to adopt pursuant to this order.
347
ERALD FORD LTBRARY
E. O. 11652
Title 3-The President
(2) Designate a senior member of his staff who shall ensure effec-
tive compliance with and implementation of this order and shall also
chair a Departmental committee which shall have authority to act
on all suggestions and complaints with respect to the Department's
administration of this order.
(3) Undertake an initial program to familiarize the employees of
his Department with the provisions of this order. He shall also estab-
lish and maintain active training and orientation programs for em-
ployees concerned with classified information or material. Such programs
shall include, as a minimum, the briefing of new employees and periodic
reorientation during employment to impress upon each individual his
responsibility for exercising vigilance and care in complying with the
provisions of this order. Additionally, upon termination of employ-
ment or contemplated temporary separation for a sixty-day period or
more, employees shall be debriefed and each reminded of the provisions
of the Criminal Code and other applicable provisions of law relating
to penalties for unauthorized disclosure.
(C) The Attorney General, upon request of the head of a Depart-
ment, his duly designated representative, or the Chairman of the above
described Committee, shall personally or through authorized repre-
sentatives of the Department of Justice render an interpretation of this
order with respect to any question arising in the course of its admin-
istration.
SEC. 8. Material Covered by the Atomic Energy Act. Nothing in this
order shall supersede any requirements made by or under the Atomic
Energy Act of August 30, 1954, as amended. "Restricted Data," and
material designated as "Formerly Restricted Data," shall be handled,
protected, classified, downgraded and declassified in conformity with
the provisions of the Atomic Energy Act of 1954, as amended, and the
regulations of the Atomic Energy Commission.
SEC. 9. Special Departmental Arrangements. The originating De-
partment or other appropriate authority may impose, in conformity
with the provisions of this order, special requirements with respect to
access, distribution and protection of classified information and material,
including those which presently relate to communications intelligence,
intelligence sources and methods and cryptography.
SEC. 10. Exceptional Cases. In an exceptional case when a person
or Department not authorized to classify information originates
information which is believed to require classification, such person or
Department shall protect that information in the manner prescribed
348
Chapter IV-Codified Presidential Documents E. O. 11652
by this order. Such persons or Department shall transmit the informa-
tion forthwith, under appropriate safeguards, to the Department having
primary interest in the subject matter with a request that a determina-
tion be made as to classification.
SEC. 11. Declassification of Presidential Papers. The Archivist of the
United States shall have authority to review and declassify information
and material which has been classified by a President, his White House
Staff or special committee or commission appointed by him and which
the Archivist has in his custody at any archival depository, including a
Presidential Library- Such declassification shall only be undertaken in
accord with: (i) the terms of the donor's deed of gift, (ii) consulta-
tions with the Departments having a primary subject-matter interest,
and (iii) the provisions of Section 5.
SEC. 12. Historical Research and Access by Former Government
Officials. The requirement in Section 6(A) that access to classified
information or material be granted only as is necessary for the perform-
ance of one's duties shall not apply to persons outside the executive
branch who are engaged in historical research projects or who have
previously occupied policy-making positions to which they were
appointed by the President; Provided, however, that in each case the
head of the originating Department shall:
(i) determine that access is clearly consistent with the interests of
national security; and
(ii) take appropriate steps to assure that classified information or
material is not published or otherwise compromised.
Access granted a person by reason of his having previously occupied a
policy-making position shall be limited to those papers which the
former official originated, reviewed, signed or received while in public
office.
Sec. 13. Administrative and Judicial Action. (A) Any officer or
employee of the United States who unnecessarily classifies or over-
classifies information or material shall be notified that his actions are in
violation of the terms of this order or of a directive of the President
issued through the National Security Council. Repeated abuse of the
classification process shall be grounds for an administrative reprimand.
In any case where the Departmental committee or the Interagency Classi-
fication Review Committee finds that unnecessary classification or over-
classification has occurred, it shall make a report to the head of the
Department concerned in order that corrective steps may be taken.
340
E. O. 11667
Title 3-The President
(B) The head of each Department is directed to take prompt and
stringent administrative action against any officer or employee of the
United States, at any level of employment, determined to have been re-
sponsible for any release or disclosure of national security information or
material in a manner not authorized by or under this order or a directive
of the President issued through the National Security Council. Where a
violation of criminal statutes may be involved, Departments will refer
any such case promptly to the Department of Justice.
SEC. 14. Revocation of Executive Order No. 10501. Executive Order
No. 10501 of November 5, 1953, as amended by Executive Orders No.
10816 of May 8, 1959, No. 10901 of January 11, 1961, No. 10964 of
September 20, 1961, No. 10985 of January 15, 1962, No. 11097 of
March 6, 1963 and by Section 1 (a) of No. 11382 of November 28, 1967,
is superseded as of the effective date of this order.
SEC. 15. Effective date. This order shall become effective on June 1,
1972.
EXECUTIVE ORDER 11667-ESTABLISHING THE PRESIDENT'S ADVISORY
COMMITTEE ON THE ENVIRONMENTAL MERIT AWARDS PROGRAM
SOURCE: Executive Order 11667 appears at 37 F.R. 7763, Apr. 20, 1972.
On October 31, 1971, I announced the establishment of the Presi-
dent's Environmental Merit Awards Program. The Administrator of
the Environmental Protection Agency and the Commissioner of Edu-
cation sent letters to high school principals inviting them to participate
in this program by establishing local tripartite committees to supervise
and direct local Environmental Merit Awards Programs, and to make
awards to individual students or groups of students for significant
environmental accomplishments by them. These committees were to
be composed of students, faculty and interested members of the
community.
Today, more than 2,500 high schools, including schools in each
of the 50 States, are actively involved in this program.
In view of this encouraging response, I have concluded that I
should establish a national committee to advise me of ways in which this
program can be further expanded and enhanced and of other ways in
which the environmental accomplishments of individuals and groups
may be appropriately recognized.
350
is
FORD
GERALD
LIBRARY