Scientific Communication and National Security (1982) / Chapter Skim
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Appendix I: Executive Order on National Security Information
Appendix I: Executive Order on National Security Information
Pages 143-170
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From page 143... ...
Appendix I EXECUTIVE ORDER ON NATIONAL SECURITY INFORMATION NATIONAL SECURITY INFORMATION Executive Order 12 3 56 PREAMBLE PART 1 ORIGINAL CLASSIFICATION 1.1 TABLE OF CONTENTS Classification Levels Date 1982 Page 1 l 1.2 Classification Authority 2 1.3 CIassificatian Categories 4 1.4 Duration of Classification 5 1.5 Identification and Markings 6 1.6 Limitations on Classification 7 143
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144 PART 2 DERIVATIVE CLASSIFICATION 2.1 Use of Derivative Classification 2.2 CIassificatim Guides PART 3 DECLASSIFICATION AND DOWNGRADING 3.l Declassification Authority 3.2 Transferred Formation 3.3 Systematic Review for Deciassificatior~ 3.4 Mandatory Review for Declassification PART 4 SAFEGUARDING 4.l General Restrictions on Access 4.2 Special Access Programs 4.3 Access by Historical Researchers and Former Presidential Appointees PART 5 IMPLEMENTATION AND REVIEW Policy Direction 5.2 Information Security Oversight Office 7 8 8 8 9 10 10 12 12 13 13 14 14 14 5.3 General Responsibilities 16 5.4 Sanctions PART 6 GENERAL PROVISIONS S.l De ignitions 6.2 General 16 17 17 18
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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 lJn~teo states or America, it is hereby ordered as follows: PART ~ ORIGINAL CLASSIFICATION Section i.l Classification Levels.
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(3) "ConfidentiM" shad be applied to Information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security.
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The authority to classify information originally as Secret may be exercised only by: (~) agency heads and officials designated by the President In the Federal Register; (2)
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(2) Original Top Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Section I.2(a/2~; and the senior official designated under Section 5.3a, provided that official has been delegated original Top Secret classification authority by the agency head.
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military plans, weapons, or operations; (2) the vulnerabilities or capabilities of systems, installations, project, or plans relating to the national security; (3)
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other categories of information that are related to the national security arid that require protects= against unauthorized Enclosure as determined by the President or by agency heads or other officials who have been delegated original cln.~ificatior~ authority by the President. Any determination made under this subsection shad be reported promptly to the Director of the Information Security Oversight Office.
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(a) Information shah be classified as long as required by national security considerations.
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Agency heads may, for good cause, grant and revoke waivers of this retirement for specified classes of documents or information. The Director of the Information Security Oversight Office shad be notified of any waivers.
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(a) ~ no case shall information be classified in order to concesi 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.
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From page 154... ...
if such classification meets the requirements of this Order and is accomplished personally and on a document~y~ocument basis by the agency head, the deputy agency head, the senior agency official designated under Section 5.3(aXI) , or an official with original Top Secret classification authority.
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Me Doctor of the Information Security Oversight Office shad be notified of any waivers.
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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.
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(c) Classified information accessioned into the National Archives of the United States shah be declassified or downgraded by the Archivmt of the United States an accordance with this Order, the directives of the Information Security Oversight Office, and agency Sidelines.
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(b) Agency heads may conduct internal systematic review programs for classified information originated by their agencies contained in records determined by the Archivist to be permanently valuable but that have not been accessioned into the National Archives of the United States.
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Agencies with primary subject matter interest shaD be notified promptly of the Director's decision on such appeals and may further appeal to the National Security Council. The information shad remain classified pervading a prompt decision on the appeal (c)
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, or intelligence sources or methods, after consultation with affected agencies. The Archivist shad develop special procedures for the review of information accessioned into the National Archives of the United States.
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(~) Except as provided by directives issued by the President through the National Security Council, olassif~ed information originating }n one agency may not be disseminated outside any other agency to which it has been made available without the consent of the originating agency.
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may create special access programs to control access, distribution, and protection of partialiarly 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.
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(at The National Security Council shad provide overaD policy direction for the nforn~,ation security program.
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develop, in cor~sultation 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 implementing directives; (3)
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From page 165... ...
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.
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(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
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Either shad ensure that the Director of the Information Security Oversight Office is promptly notified whenever a violation under Section 5.4(b)
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(c) National security information" means information that has been determined pursuant to this Order or any predecessor order to require protection against unauthorized dais closure and that is so designated.
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(e) "National security" means the national defense or foreign relations of the United States.
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170 (c) Nothing in this Order limits the protection afforded any information by other provisions of law.
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