§ 3a.12. Authority to classify official information.
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/us/cfr/t18/s§ 3a.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The authority to classify information or material originally under E.O. 11652 is restricted to those offices within the executive branch which are concerned with matters of national security, and is limited to the minimum number absolutely required for efficient administration.
(b)The authority to classify information or material originally as Top Secret is to be exercised only by such officials as the President may designate in writing and by the heads of the following departments and agencies and such of their principal staff officials as the heads of these departments and agencies 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. U.S. Arms Control and Disarmament Agency Department of Justice. National Aeronautics and Space Administration. Agency for International Development.
(c)The authority to classify information or material originally as Secret is exercised only by:
(1)Officials who have Top Secret classification authority under § 3a.11(b); and
(2)The heads of the following departments and agencies and such principal staff officials 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 Energy Regulatory Commission. National Science Foundation. Overseas Private Investment Corporation.
(d)The authority to classify information or material originally as Confidential is exercised by officials who have Top Secret or Secret classification authority.
(e)Pursuant to E.O. 11652, the authority to classify information or material originally as Secret or Confidential in the FERC shall be exercised only by the Chairman, the Vice Chairman, and the Executive Director. When an incumbent change occurs in these positions, the name of the new incumbent will be reported to the Interagency Classification Review Committee NSC. \[Order 470, 38 FR 5161, Feb. 26, 1973, as amended by Order 756, 77 FR 4893, Feb. 1, 2012\]