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not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§ 222. Vessels auxiliary to Coast Guard cutters to enforce provisions of chapter.

CODIFICATION Section, R. S. $ 5318; act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800, is now covered by section 540 of Title 19, Customs Duties.

$ 223. Forfeiture of vessels owned by citizens of in

surrectionary States. From and after fifteen days after the issuing of the proclamation, as provided in section 205 of this title, any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited. (R. S. $ 5319.)

DERIVATION
Act July 12, 1861, ch. 3, § 7, 12 Stat. 257.

$ 226. Protection of liens on condemned vessels.

In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence, as a valid claim against such vessel, or other property, under the laws of the United States or of any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. (R. S. $ 5322.)

§ 224. Refusing clearance to vessels with suspected

cargoes; forfeiture for departing without clear.

ance.

The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. (R. S. § 5320.)

DERIVATION

Act Mar. 3, 1863, ch. 90, 12 Stat. 762

Chapter 14.-WARTIME VOTING BY LAND AND

NAVAL FORCES
SUBCHAPTER I.—RIGHT TO VOTE

DERIVATION

Act May 20, 1862, ch. 81, § 1, 12 Stat. 404.

$ 225. Bond to deliver cargo at destination named in

clearance. Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it necessary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States. (R. S. $ 5321.)

SS 301 to 303. Repealed. Aug. 9, 1955, ch. 656, title III,

$ 307, 69 Stat. 589. Section 301, acts Sept. 16, 1942, ch. 561, title I, § 1, 56 Stat. 753; July 1, 1943, ch. 187, $$ 1, 5, 57 Stat. 371, granted absentee members of the land or naval forces of the United States the right to vote in Presidential, Vice Presidential, and Congressional elections.

Section 302, act Sept. 16, 1942, ch. 561, title I, § 2, 56 Stat. 753, exempted persons in the military service in time of war from paying poll taxes or other taxes as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives.

Section 303, acts Sept. 16, 1942, ch. 561, title I, $ 3, 56 Stat. 753; Apr. 1, 1944, ch. 150, 58 Stat. 136, provided for voting in accordance with state law.

Sections 301-303 are now covered by section 1451 et seq. of this title.

ADDITIONAL REPEAL Sections 301-303 were also repealed by act Aug. 10, 1956, ch. 1041, $ 53, 70 Stat. 641.

DERIVATION
Act May 20, 1862, ch. 81, $ 2, 12 Stat. 404.

TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise

SS 304 to 315. Repealed. Apr. 1, 1944, ch. 150, 58 Stat. 136.

Sections were from act Sept. 16, 1942, ch. 561, $$415. 56 Stat. 753—757. Present provisions on the subject of these sections are contained in section 1451 et seq. of this title.

SUBCHAPTER II.-RECOMMENDATION TO

STATES

matter of former section relating to distribution and collection of ballots for merchant marine is now covered by section 1463 of this title.

Section 339, act Sept. 16, 1942, ch. 561, title III, § 309, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to transmission of ballots is now covered by section 1463 of this title.

Section 340, act Sept. 16, 1942, ch. 561, title III, § 310, as added act Apr. 1, 1944, ch. 150, 58 Stat. 145, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to reports to Commission is now covered by section 1461 of this title.

SUBCHAPTER DI—VOTING SAFEGUARDS

8 341. Repealed. Aug. 9, 1955, ch. 656, title III, § 307,

69 Stat. 589. Section, act Sept. 16, 1942, ch. 561, title III, § 301, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, provided for the prevention of fraud, coercion, and undue influence; free discussion, and acts done in good faith, and is now covered by sections 1473 to 1475 of this title.

SS 321 to 331. Repealed. Aug. 9, 1955, ch. 656, title III,

$ 307, 69 Stat. 589. Sections 321-323, act Sept. 16, 1942, ch. 561, title II, $ $ 201—203, as added Apr. 1, 1944, ch. 150, 58 Stat. 136, 137, and amended Apr. 19, 1946, ch. 142, 60 Stat. 96, 97, provided for state enactment of absentee voting legislation, use of post cards, waiver of registration, voting privileges for certain discharged persons, and distribution of ballots, envelopes, and voting instructions.

Section 324, act Sept. 16, 1942, ch. 561, title II, $ 204, as added Apr. 1, 1944, ch. 150, 58 Stat. 138, and amended Apr. 19, 1946, ch. 142, 60 Stat. 97; Sept. 29, 1950, ch. 1112, $ 1, 64 Stat. 1082, provided for style and markings of envelopes, protective inserts, return envelopes, and size and weight of ballots and envelopes.

Sections 325-327, act Sept. 16, 1942, ch. 561, title II, $ $ 205–207, as added Apr. 1, 1944, ch. 150, 58 Stat. 138, 139, and amended Apr. 19, 1946, ch. 142, 60 Stat. 97, 98, provided for form for signature and oath of voter, administration of oath, instructions for marking of ballots, and extension of state's time limit.

Section 328, act Sept. 16, 1942, ch. 561, title II, § 208, as added Apr. 19, 1946, ch. 142, 60 Stat. 99, provided for notification of forthcoming elections by secretaries of states.

Section 329, act Sept. 16, 1942, ch. 561, title II, $ 209, as added Apr. 19, 1946, ch. 142, 60 Stat. 99, and amended Sept. 29, 1950, ch. 1111, 64 Stat. 1082, provided for cooperation with states, printing and transmitting of post cards, and content of post cards.

Sections 330, 331, act Sept. 16, 1942, ch, 561, title II, $ $ 210, 211, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, provided for transmission, delivery and return of post cards, ballots, envelopes and instructions, and for distribution of information concerning forthcoming elections.

Sections 321-331 are now covered by section 1451 et seq. of this title.

ADDITIONAL REPEAL Sections 321-331 were also repealed by act Aug. 10, 1956, ch. 1041, $ 53, 70A Stat. 641.

ADDITIONAL REPEAL Section was also repealed by act Aug. 10, 1956, ch. 1041, $ 53, 70A Stat. 641.

8 342. Repealed. May 24, 1949, ch. 139, § 142, 63 Stat.

109. Section, act Sept. 16, 1942, ch. 561, title III, § 302, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, related to prohibition against taking of polls, and is now covered by section 596 of Title 18, Crimes and Criminal Procedure. Original section 342, act Sept. 16, 1942, ch. 561, title III, $ 312, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, was struck out by act Apr. 19, 1946, and is now covered by sections 1473 to 1475 of this title.

88 332 to 340. Omitted.

CODIFICATION Section 332, act Sept. 16, 1942, ch. 561, title III, $ 302, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96, and a new section 302 of act of Sept. 16, 1942, inserted by act Apr. 19, 1946, is now covered by section 1451 et seq. of this title.

Section 333, act Sept. 16, 1942, ch. 561, title III, § 303, as added by act Apr. 1, 1944, ch. 150, 58 Stat. 141, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to federal war ballots and envelopes is not now covered.

Section 334, act Sept. 16, 1942, ch. 561, title III, § 304, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to federal balloting and administration of oaths is now covered by section 1452 of this title.

Section 335, act Sept. 16, 1942, ch. 561, title III, $ 305, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to administration is now covered by section 1461 of this title.

Section 336, act Sept. 16, 1942, ch. 561, title III, $ 306, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to lists of candidates is not now covered.

Section 337, act Sept. 16, 1942, ch. 561, title III, $ 307, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to distribution and collection of federal ballots is not now covered.

Section 338, act Sept. 16, 1942, ch. 561, title III, § 308, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject

SS 343 to 347. Omitted.

CODIFICATION Section 343, act Sept. 16, 1942, ch. 561, title III, § 313, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, was stricken out by act Apr. 16, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to penalties for offenses against the elective franchise is not now covered.

Section 344, act Sept. 16, 1942, ch. 561, title III, § 314, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to taking of polls is now covered by section 596 of Title 18, Crimes and Criminal Procedure.

Section 345, act Sept. 16, 1942, ch. 561, title III, § 315, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to state officials is not now covered.

Section 346, act Sept. 16, 1942, ch. 561, title III, § 316, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, was stricken out by act Apr. 19, 1946, ch. 142, 60 Stat. 96. Subject matter of former section relating to officials and agencies acting for Secretary of State is not now covered.

Section 347, act Sept. 16, 1942, ch. 561, title III, § 317, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, was stricken out by act Apr. 19, 1946, ch, 142, 60 Stat. 96. Subject matter of former section relating to construction of chapter is not now covered.

SUBCHAPTER IV.-DEFINITIONS 88 351 to 355. Repealed. Aug. 9, 1955, ch. 656, title III,

8 307, 69 Stat. 589. Section 351, act Sept. 16, 1942, ch. 561, title IV, $ 401, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, defined terms used in former sections 3014303, 321-331, 341, and 351355.

Section 352, act Sept. 16, 1942, ch. 561, title IV, $ 402, as added Apr. 19, 1946, ch. 142, 60 Stat 102, and amended Sept. 29, 1950, ch. 1112, § 2, 64 Stat. 1083, provided for free postage for post cards, ballots, voting instructions and envelopes.

Sections 353–355, act Sept. 16, 1942, ch. 561, title IV, $$ 403–405, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, provided for the administration of chapter, separability provisions and construction of chapter.

Sections 351–355 are now covered by section 1451 et seq. of this title.

ADDITIONAL REPEAL Sections 351–355 were also repealed by act Aug. 10. 1956, ch. 1041, $ 53, 70A Stat. 641.

and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single chief of Staff over the armed forces nor an overall armed forces general staff. (July 26, 1947, ch. 343, § 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 2, 63 Stat. 579; Aug. 6, 1958, Pub. L. 85–599, $ 2, 72 Stat. 514.)

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Chapter 15.-NATIONAL SECURITY
Sec.
401. Congressional declaration of purpose.
402.

National Security Council.
(a) Establishment; presiding officer; func-

tions; composition.
(b) Additional functions.
(c) Executive secretary; appointment and

compensation; staff employees.

(d) Recommendations and reports. 403.

Central Intelligence Agency.
(a) Establishment; Director and Deputy Direc-

tor; appointment.
(b) Commissioned officer

Director or
Deputy Director; powers and limitations,

effect on commissioned status. (c) Termination of employment of oficers and

employees; effect on right of subsequent

employment. (d) Powers and duties. (e) Inspection of intelligence of other depart

ments. (1) Termination of National Intelligence Au

thority; transfer of personnel, property,

records, and unexpended funds. 403a. Same; definitions. 403b. Same; seal of office. 403e. Central Intelligence Agency; travel, allowance, and

related expenses. 403d. Repealed. 403e. Same; travel, allowance, and related expenses. 4031. Same; general authorities of Agency. 403g. Same; protection of nature of Agency's functions. 403h. Same; admission of essential aliens; limitation

on number. 4031. Repealed. 403). Central Intelligence Agency; appropriations; ex

penditures.
404. Office of Emergency Preparedness.

(a) Employment of personnel.
(b) Functions.
(c) Utilization of Government resources and

facilities. 405. Advisory Committees; appointment; compensation

of part-time personnel; applicability of other

laws. 406. Same; increase in per diem compensation. 407. Study or plan of surrender; use of appropriations. 408. Applicable laws. 409. Definitions of military departments. 410. Definitions of function and Department of Defense. 411. Appropriations. 412. Repealing and saving provisions. § 401. Congressional declaration of purpose.

In enacting this legislation, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority,

REFERENCES IN TEXT This legislation, referred to in the text, means the National Security Act of 1947, which is classified to this chapter and chapter 4 of Title 10, Armed Forces.

AMENDMENTS 1958–Pub. L. 85-599 amended section generally, and, among other changes, provided that each military department shall be separately organized, instead of separately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relating to establishment of unified or specified combatant commands and for elimination of unnecessary duplication.

1949—Act Aug. 10, 1949, provided that the military departments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff.

EFFECTIVE DATE Section 310 (a) of act July 26, 1947, provided in part that this section became effective as of July 26, 1947.

SHORT TITLE OF 1949 AMENDMENTS Congress in enacting amendments to former sections 1, 171-171y, 181a, 182a, 420a, 421a, 421b, and 626—626c of Title 5 and sections 401, 402, and 405 of this title, and adding former sections 172—172) of Title 5 provided by section lof Act Aug. 10, 1949, ch. 412, 63 Stat. 578, that the Act should be popularly known as the "National Security Act Amendments of 1949”.

SHORT TITLE Congress, in enacting act July 26, 1947, provided in part by section 1 of such act that it should be popularly known as the “National Security Act of 1947". Section 1 became effective on July 26, 1947, by section 310 (a) of act July 26, 1947.

SEPARABILITY OF PROVISIONS Section 309 of act July 26, 1947, provided, "If any provision of this Act (former sections 171-171n, 181-1, 181-2, 411a, 411b, 626-626d of Title 5, section 24 of Title 3 and sections 401-405 of this title) or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act ( said sections) and of the application of such provision to other persons and circumstances shall not be affected thereby.”

Section 310(a) of said act July 26, 1947, provided in part that section 309 of said act July 26, 1947, became effective on July 26, 1947.

SAVINGS PROVISIONS Section 12(g) of act Aug. 10, 1949, provided that: "All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the

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Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act (former sections 1, 171-171n, 172–172), 181-1, 181-2, 411a, 411b, and 626-626d of Title 5 and sections 401-405 of this title), have the same effect as if this Act (said sections) had not been enacted; but, after the effective date of this Act (Aug. 10, 1949), any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force." CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.;

REAPPOINTMENT Section 12(f) of act Aug. 10, 1949, provided in part that: "The titles of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretaries and the Assistant Secretaries of the Departments of the Army, Navy, and Air Force, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, shall not be changed by virtue of this Act, former sections 1, 171-171n, 172–172), 181-1, 181–2, 411a, 4116, 626-626d of Title 5 and 401-405 of this title and the reappointment of the officials holding such titles on the effective date of this Act (Aug. 10, 1949) shall not be required."

REORGANIZATION PLAN No. 8 OF 1949 Section 12(1) of act Aug. 10, 1949, provided that: "Reorganization Plan Numbered 8 of 1949, which was transmitted to the Congress by the President on July 18, 1949 (Appendix to Title 5) pursuant to the provisions of the Reorganization Act of 1949, shall not take effect, notwithstanding the provisions of section 6 of such Reorganization Act of 1949 (Appendix to Title 5).”

Ex. ORD. No. 10431. NATIONAL SECURITY MEDAL Ex. Ord. No. 10431, Jan. 19, 1953, 18 F. R. 437, provided:

1. There is hereby established a medal to be known as the National Security Medal with accompanying ribbons and appurtenances. The medal and its appurtenances shall be of appropriate design, approved by the Executive Secretary of the National Security Council.

2. The National Security Medal may be awarded to any person, without regard to nationality, including members of the armed forces of the United States, for distinguished achievement or outstanding contribution on or after July 26, 1947, in the field of intelligence relating to the national security.

3. The decoration established by this order shall be awarded by the President of the United States or, under regulations approved by him, by such person or persons as he may designate.

4. No more than one National Security Medal shall be awarded to any one person, but for subsequent services justifying an award, a suitable device may be awarded to be worn with the Medal.

5. Members of the armed forces of the United States who are awarded the decoration established by this order are authorized to wear the medal and the ribbon symbolic of the award, as may be authorized by uniform regulations approved by the Secretary of Defense.

6. The decoration established by this order may be awarded posthumously. REGULATIONS GOVERNING THE AWARD OF THE NATIONAL

SECURITY MEDAL Pursuant to Paragraph 2 of Executive Order 10431, the following regulations are hereby issued to govern the award of the National Security Medal:

1. The National Security Medal may be awarded to any person without regard to nationality, including a member of the Armed Forces of the United States, who, on or after 26 July 1947, has made an outstanding contribution to the National Intelligence effort. This contribution may consist of either exceptionally meritorious

service performed in a position of high responsibility or of an act of valor requiring personal courage of a high degree and complete disregard of personal safety.

2. The National Security Medal with accompanying ribbon and appurtenances, shall be of appropriate design to be approved by the Executive Secretary of the National Security Council.

3. The National Security Medal shall be awarded only by the President or his designee for that purpose.

4. Recommendations may be submitted to the Executive Secretary of the National Security Council by any individual having personal knowledge of the facts of the exceptionally meritorious conduct or act of valor of the candidate in the performance of outstanding services, either as an eyewitness or from the testimony of others who have personal knowledge or were eyewitnesses. Any recommendations shall be accompanied by complete documentation, including where necessary, certificates, affidavits or sworn transcripts of testimony. Each recommendation for an award shall show the exact status, at the time of the rendition of the service on which the recommendation is based, with respect to citizenship, employment, and all other material factors, of the person who is being recommended for the National Security Medal.

5. Each recommendation shall contain a draft of an appropriate citation to accompany the award of the National Security Medal. Ex. ORD. NO. 10501. SAFEGUARDING OFFICIAL INFORMATION

Ex. Ord. No. 10501, Nov. 9, 1953, 18 F.R. 7049, as amended by Ex. Ord. No. 10816, May 8, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan. 11, 1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R. 8932; Ex. Ord. No. 10985, Jan. 15, 1962, 27 F.R. 439, Ex. Ord. No. 11097, Mar. 6, 1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided :

SECTION 1. Classification categories. Oficial information which requires protection in the interests of national defense shall be limited to three categories of classification, which in descending order of importance shall carry one of the following designations: Top Secret, Secret, or Confidential. No other designation shall be used to classify defense information, including military information, as requiring protection in the interests of national defense, except as expressly provided by statute. These categories are defined as follows:

(a) Top. secret. Except as may be expressly provided by statute, the use of the classification Top Secret shall be authorized, by appropriate authority, only for defense Information or material which requires the highest degree of protection. The Top Secret classification shall be applied only to that information or material the defense aspect of which is paramount, and the unauthorized disclosure of which could result in exceptionally grave damage to the Nation such as leading to a definite break in diplomatic relations affecting the defense of the United States, an armed attack against the United States or its allies, a war, or the compromise of military or defense plans, or intelligence operations, or scientific or technological developments vital to the national defense.

(b) Secret. Except as may be expressly provided by statute, the use of the classification Secret shall be authorized, by appropriate authority, only for defense information or material the unauthorized disclosure of which could result in serious damage to the Nation, such as by jeopardizing the international relations of the United States, endangering the effectiveness of a program or policy of vital importance to the national defense, or compromising important military or defense plans, scientific or technological developments important to national defense, or information revealing important intelligence operations.

(c) Confidential. Except as may be expressly provided by statute, the use of the classification Confidential shall be authorized, by appropriate authority, only for defense information or material the unauthorized disclosure of which could be prejudicial to the defense interests of the nation.

SEC. 2. Limitation of authority to classify. The authority to classify defense information or material under this order shall be limited in the departments, agencies, and other units of the executive branch as hereinafter specified.

(a) In the following departments, agencies, and Governmental units, having primary responsibility for matters pertaining to national defense, the authority for original classification of information or material under this order may be exercised by the head of the department, agency, or Governmental unit concerned or by such responsible officers or employees as he, or his representative, may designate for that purpose. The delegation of such authority to classify shall be limited as severely as is consistent with the orderly and expeditious transaction of Government business. The White House Office. President's Science Advisory Committee. Bureau of the Budget (now Office of Management and

Budget). Council of Economic Advisers. National Security Council. Central Intelligence Agency. Department of State. Department of the Treasury. Department of Defense. Department of the Army. Department of the Navy. Department of the Air Force. Department of Justice. Department of Commerce. Department of Labor. Department of Transportation. Atomic Energy Commission. Canal Zone Government, Federal Communications Commission. Federal Radiation Council. General Services Administration, Interstate Commerce Commission. National Aeronautics and Space Administration. National Aeronautics and Space Council. United States Civil Service Commission. United States Information Agency. Agency for International Development. Office of Emergency Planning (now Office of Emergency

Preparedness). Peace Corps. President's Foreign Intelligence Advisory Board. United States Arms Control and Disarmament Agency. Export-Import Bank of Washington, Office of Science and Technology. The Special Representative for Trade Negotiations.

(b) In the following departments, agencies, and Governmental units, having partial but not primary responsibility for matters pertaining to national defense, the authority for original classification of information or material under this order shall be exercised only by the head of the department, agency, or Governmental unit without delegation: Post Office Department. Department of the Interior. Department of Agriculture. Department of Health, Education, and Welfare. Civil Aeronautics Board. Federal Power Commission. Government Patents Board. National Science Foundation. Panama Canal Company. Renegotiation Board. Small Business Administration. Tennessee Valley Authority. Federal Maritime Commission,

(c) Any agency or unit of the executive branch not named herein, and any such agency or unit which may be established hereafter, shall be deemed not to have authority for original classification of information or

terial under this order, except as such authority may be specifically conferred upon any such agency or unit hereafter.

SEC. 3. Classification. Persons designated to have authority for original classification of information or material which requires protection in the interests of national defense under this order shall be held responsible for its proper classification in accordance with the definitions of the three categories in section 1, hereof. Unnecessary classification and over-classification shall be scrupulously avoided. The following special rules shall be

observed in classification of defense information or material:

(a) Documents in general. Documents shall be classified according to their own content and not necessarily according to their relationship to other documents. References to classified material which do not reveal classified defense information shall not be classified.

(b) Physically connected documents. The classification of a file or group of physically connected documents shall be at least as high as that of the most highly classified document therein. Documents separated from the file or group shall be handled in accordance with their individual defense classification,

(c) Multiple classification. A document, product, or substance shall bear a classification at least as high as that of its highest classified component. The document, product, or substance shall bear only one over-all classification, notwithstanding that pages, paragraphs, sections, or components thereof bear different classifications.

(d) Transmittal letters. A letter transmitting defense information shall be classified at least as high as its highest classified enclosure.

(e) Information originated by a foreign government or organization. Defense information of a classified nature furnished to the United States by a foreign government or international organization shall be assigned & classification which will assure a degree of protection equivalent to or greater than that required by the government or international organization which furnished the information.

SEC. 4. Declassification, downgrading, or upgrading. When classified information or material no longer requires its present level of protection in the defense interest, it shall be downgraded or declassified in order to preserve the effectiveness and integrity of the classification system and to eliminate classifications of information or material which no longer require classification protection. Heads of departments or agencies originating classified information or material shall designate persons to be responsible for continuing review of such classified information or material on a document-bydocument, category, project, program, or other systematic basis, for the purpose of declassifying or downgrading whenever national defense consideration permit, and for receiving requests for such review from all sources. However, restricted data and material formerly designated as restricted data shall be handled only in accordance with subparagraph 4(a)(1) below and section 13 of this order. The following special rules shall be observed with respect to changes of classification of defense information or material, including information or material heretofore classified:

(a) Automatic changes. In order to insure uniform procedures for automatic changes, heads of departments and agencies having authority for original classification of Information or material, as set forth in section 2, shall categorize such classified information or material into the following groups:

(1) Group 1. Information or material originated by foreign governments or international organizations and over which the United States Government has no jurisdiction, information or material provided for by statutes such as the Atomic Energy Act ( section 2011 et seq. of Title 42, The Public Health and Welfare), and information or material requiring special handling, such as intelligence and cryptography, This information and material is excluded from automatic downgrading or declassification.

(2) Group 2. Extremely sensitive information or material which the head of the agency or his designees exempt, on an individual basis, from automatic downgrading and declassification.

(3) Group 3. Information or material which rants some degree of classification for an indefinite period. Such information or material shall become automatically downgraded at 12-year intervals until the lowest classification is reached, but shall not become automatically declassified.

(4) Group 4. Information or material which does not qualify for, or is not assigned to, one of the first three groups. Such information or material shall become automatically downgraded at three-year intervals until the

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