CLASSIFIED
NATIONAL SECURITY INFORMATION
This
order prescribes a uniform system for classifying, safeguarding, and
declassifying national security information. Our democratic principles
require that the American people be informed of the activities of their
Government. Also, our Nation's progress depends on the free flow of
information. Nevertheless, throughout our history, the national interest
has required that certain information be maintained in confidence in order
to protect our citizens, our democratic institutions, and our
participation within the community of nations. Protecting information
critical to our Nation's security remains a priority. In recent years,
however, dramatic changes have altered, although not eliminated, the
national security threats that we confront. These changes provide a
greater opportunity to emphasize our commitment to open Government.
NOW,
THEREFORE, by the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered as
follows:
PART
I ORIGINAL CLASSIFICATION
Sec.
1.1. Definitions. For purposes of this
order:
(a)
"National security" means the national defense or foreign
relations of the United States.
(b)
"Information" means any knowledge that can be communicated or
documentary material, regardless of its physical form or
characteristics, that is owned by, produced by or for, or is under the
control of the United States Government. "Control" means the
authority of the agency that originates information, or its successor in
function, to regulate access to the information.
(c)
"Classified national security information" (hereafter
"classified information") means information that has been
determined pursuant to this order or any predecessor order to require
protection against unauthorized disclosure and is marked to indicate its
classified status when in documentary form.
(d)
"Foreign Government Information" means:.
(1)
information provided to the United States Government by a foreign
government or governments, an international organization of
governments, or any element thereof, with the expectation that the
information, the source of the information, or both, are to be held in
confidence;
(2)
information produced by the United States pursuant to or as a result
of a joint arrangement with a foreign government or governments, or an
international organization of governments, or any element thereof,
requiring that the information, the arrangement, or both, are to be
held in confidence; or
(3)
information received and treated as "Foreign Government
Information" under the terms of a predecessor order.
(e)
"Classification" means the act or process by which information
is determined to be classified information.
(f)
"Original classification" means an initial determination that
information requires, in the interest of national security, protection
against unauthorized disclosure.
(g)
"Original classification authority" means an individual
authorized in writing, either by the President, or by agency heads or
other officials designated by the President, to classify information in
the first instance.
(h)
"Unauthorized" disclosure means a communication or physical
transfer of classified information to an unauthorized recipient.
(i)
"Agency" means any "Executive agency," as defined in
5 U.S.C. 105, and any other entity within the executive branch that
comes into the possession of classified information.
(j)
"Senior agency official" means the official designated by the
agency head under section 5.6(c) of this order to direct and administer
the agency's program under which information is classified, safeguarded,
and declassified.
(k)
"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 expectation that the information or relationship, or
both, are to be held in confidence.
(l)
"Damage to the national security" means harm to the national
defense or foreign relations of the United States from the unauthorized
disclosure of information, to include the sensitivity, value, and
utility of that information.
Sec.
1.2. Classification Standards.
(a)
Information may be originally classified under the terms of this order
only if all of the following conditions are met:
(1)
an original classification authority is classifying the information;
(2)
the information is owned by, produced by or for, or is under the
control of the United States Government;
(3)
the information falls within one or more of the categories of
information listed in section 1.5 of this order; and
(4)
the original classification authority determines that the unauthorized
disclosure of the information reasonably could be expected to result
in damage to the national security and the original classification
authority is able to identify or describe the damage.
(b)
If there is significant doubt about the need to classify information, it
shall not be classified. This provision does not:
(1)
amplify or modify the substantive criteria or procedures for
classification; or
(2)
create any substantive or procedural rights subject to judicial
review.
(c)
Classified information shall not be declassified automatically as a
result of any unauthorized disclosure of identical or similar
information.
Sec.
1.3. Classification Levels.
(a)
Information may 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 that the original
classification authority is able to identify or describe.
(2)
"Secret" shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause serious
damage to the national security that the original classification
authority is able to identify or describe.
(3)
"Confidential" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to cause
damage to the national security that the original classification
authority is able to identify or describe.
(b)
Except as otherwise provided by statute, no other terms shall be used to
identify United States classified information,
(c)
If there is significant doubt about the appropriate level of
classification, it shall be classified at the lower level.
Sec.
1.4. Classification Authority.
(a)
The authority to classify information originally may be exercised only
by:
(1)
the President;
(2)
agency heads and officials designated by the President in the Federal
Register; or
(3)
United States Government officials delegated this authority pursuant
to paragraph (c), below.
(b)
Officials authorized to classify information at a specified level are
also authorized to classify information at a lower level.
(c)
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 continuing need to exercise this authority.
(2)
"Top Secret" original classification authority may be
delegated only by the President or by an agency head or official
designated pursuant to paragraph (a)(2), above.
(3)
"Secret" or "Confidential" original classification
authority may be delegated only by the President; an agency head or
official designated pursuant to paragraph (a)(2), above; or the senior
agency official, provided that official-has been delegated "Top
Secret" original classification authority by the agency head.
(4)
Each delegation of original classification authority shall be in
writing and the authority shall not be redelegated except as provided
in this order. Each delegation shall identify the official by name or
position title.
(d)
Original classification authorities must receive training in original
classification as provided in this order and its implementing
directives.
(e)
Exceptional cases. When an employee, contractor, licensee, certificate
holder, 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 information. That agency shall decide within 30 days whether to
classify this information. If it is not clear which agency has
classification responsibility 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.
1.5. Classification Categories.
Information
may not be considered for classification unless it concerns:
(a)
military plans, weapons systems, or operations;
(b)
foreign government information;
(c)
intelligence activities (including special activities), intelligence
sources or methods, or cryptology;
(d)
foreign relations or foreign activities of the United States, including
confidential sources;
(e)
scientific, technological, or economic matters relating to the national
security;
(f)
United States Government programs for safeguarding nuclear materials or
facilities; or
(g)
vulnerabilities or capabilities of systems, installations, projects or
plans relating to the national security.
Sec.
1.6. Duration of Classification.
(a)
At the time of original classification, the original classification
authority shall attempt to establish a specific date or event for
declassification based upon the duration of the national security
sensitivity of the information. The date or event shall not exceed the
time frame in paragraph (b), below.
(b)
If the original classification authority cannot determine an earlier
specific date or event for declassification, information shall be marked
for declassification 10 years from the date of the original decision,
except as provided in paragraph (d), below.
(c)
An original classification authority may extend the duration of
classification or reclassify specific information for successive periods
not to exceed 10 years at a time if such action is consistent with the
standards and procedures established under this order. This provision
does not apply to information contained in records that are more than 25
years old and have been determined to have permanent historical value
under title 44, United States Code.
(d)
At the time of original classification, the original classification
authority may exempt from declassification within 10 years specific
information, the unauthorized disclosure of which could reasonably be
expected to cause damage to the national security for a period greater
than that provided in paragraph (b), above, and the release of which
could reasonably be expected to:
(1)
reveal an intelligence source, method, or activity, or a cryptologic
system or activity;
(2)
reveal information that would assist in the development or use of
weapons of mass destruction;
(3)
reveal information that would impair the development or use of
technology within a United States weapons system;
(4)
reveal United States military plans, or national security emergency
preparedness plans;
(5)
reveal foreign government information;
(6)
damage relations between the United States and a foreign government,
reveal a confidential source, or seriously undermine diplomatic
activities that are reasonably expected to be ongoing for a period
greater than that provided in paragraph (b), above;
(7)
impair the ability of responsible United States Government officials
to protect the President, the Vice President, and other individuals
for whom protection services, in the interest of national security,
are authorized; or
(8) violate a statute, treaty, or international
agreement.
(e)
Information marked for an indefinite duration of classification under
predecessor orders, for example, "Originating Agency's
Determination Required," or information classified under
predecessor orders that contains no declassification instructions shall
be declassified in accordance with part 3 of this order.
Sec.
1.7. Identification and Markings.
(a)
At the time of original classification, the following shall appear on
the face of each classified document, or shall be applied to other
classified media in an appropriate manner:
(1)
one of the three classification levels defined in section 1.3 of this
order;
(2)
the identity, by name or personal identifier and position, of the
original classification authority;
(3)
the agency and office of origin, if not otherwise evident;
(4)
declassification instructions, which shall indicate one of the
following:
(A)
the date or event for declassification, as prescribed in section
1.6(a) or section 1.6(c); or
(B)
the date that is 10 years from the date of original classification,
as prescribed in section 1.6(b); or
(C)
the exemption category from declassification, as prescribed in
section 1.6(d); and
(5)
a concise reason for classification which, at a minimum, cites the
applicable classification categories in section 1.5 of this order.
(b)
Specific information contained in paragraph (a), above, may be excluded
if it would reveal additional classified information.
(c)
Each classified document shall, by marking or other means, indicate
which portions are classified, with the applicable classification level,
which portions are exempt from declassification under section 1.6(d) of
this order, and which portions are unclassified. In accordance with
standards prescribed in directives issued under this order, the Director
of the Information Security Oversight Office may grant waivers of this
requirement for specified classes of documents or information. The
Director shall revoke any waiver upon a finding of abuse.
(d)
markings implementing the provisions of this order, including
abbreviations and requirements to safeguard classified working papers,
shall conform to the standards prescribed in implementing directives
issued pursuant to this order.
(e)
Foreign government information shall retain its original classification
markings or shall be assigned a U.S. classification that provides a
degree of protection at least equivalent to that required by the entity
that furnished the information.
(f)
Information assigned a level of classification under this or predecessor
orders shall be considered as classified at that level of classification
despite the omission of other required markings. Whenever such
information is used in the derivative classification process or is
reviewed for possible declassification, holders of such information
shall coordinate with an appropriate classification authority for the
application of omitted markings.
(g)
The classification authority shall, whenever practicable, use a
classified addendum whenever classified information constitutes a small
portion of an otherwise unclassified document.
Sec.
1.8. Classification Prohibitions and Limitations.
(a)
In no case shall information be classified in order to:
(1)
conceal violations of law, inefficiency, or administrative error;
(2)
prevent embarrassment to a person, organization, or agency;
(3)
restrain competition; or
(4) 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)
Information may not be reclassified after it has been declassified and
released to the public under proper authority.
(d)
Information that has not previously been disclosed to the public under
proper authority 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 section 3.6 of this order only if such classification
meets the requirements of this order and is accomplished on a
document-by-document basis with the personal participation or under the
direction of the agency head, the deputy agency head, or the senior
agency official designated under section 5.6 of this order. This
provision does not apply to classified information contained in records
that are more than 25 years old and have been determined to have
permanent historical value under title 44, United States Code.
(e)
Compilations of items of information which are individually unclassified
may be classified if the compiled information reveals an additional
association or relationship that:
(1)
meets the standards for classification under this order; and
(2)
is not otherwise revealed in the individual item of information.
As
used in this order, "compilation" means an aggregation of
pre-existing unclassified items of information.
Sec. 1.9.
Classification Challenges.
(a)
Authorized holders of information who, in good faith, believe that its
classification status is improper are encouraged and expected to
challenge the classification status of the information in accordance
with agency procedures established under paragraph (b), below.
(b)
In accordance with implementing directives issued pursuant to this
order, an agency head or senior agency official shall establish
procedures under which authorized holders of information are encouraged
and expected to challenge the classification of information that they
believe is improperly classified or unclassified. These procedures shall
assure that:
(1)
individuals are not subject to retribution for bringing such actions;
(2)
an opportunity is provided for review by an impartial official or
panel; and
(3)
individuals are advised of their right to appeal agency decisions to
the Interagency Security Classification Appeals Panel established by
section 5.4 of this order.
PART 2
DERIVATIVE CLASSIFICATION
Sec.
2.1. Definitions. For purposes of this order:
(a)
"Derivative classification" means the incorporating,
paraphrasing, restating or generating in new form information that is
already classified, and marking the newly developed material consistent
with the classification markings that apply to the source information.
Derivative classification includes the classification of information
based on classification guidance. The duplication or reproduction of
existing classified information is not derivative classification.
(b)
"Classification guidance" means any instruction or source that
prescribes the classification of specific information.
(c)
"Classification guide,' means a documentary form of classification
guidance issued by an original classification authority that identifies
the elements of information regarding a specific subject that must be
classified and establishes the level and duration of classification for
each such element.
(d)
"Source document" means an existing document that contains
classified information that is incorporated, paraphrased, restated, or
generated in new form into a new document.
(e)
"Multiple sources" means two or more source documents,
classification guides, or a combination of both.
Sec.
2.2. Use of Derivative Classification.
(a)
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 the pertinent
classification markings. For information derivatively classified based
on multiple sources, the derivative classifier shall carry forward:
(A)
the date or event for declassification that corresponds to the
longest period of classification among the sources; and
(B)
a listing of these sources on or attached to the official file or
record copy.
Sec.
2.3. Classification Guides.
(a)
Agencies with original classification authority shall prepare
classification guides to facilitate the proper and uniform derivative
classification of information. These guides shall conform to standards
contained in directives issued under this order.
(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; and
(2)
is authorized to classify information originally at the highest level
of classification prescribed in the guide.
(c)
Agencies shall establish procedures to assure that classification guides
are reviewed and updated as provided in directives issued under this
order.
PART 3
DECLASSIFICATION AND DOWNGRADING
Sec.
3.1. Definitions. For purposes of this order:
(a)
"Declassification" means the authorized change in the status
of information from classified information to unclassified information.
(b)
"Automatic declassification" means the declassification of
information based solely upon:
(1)
the occurrence of a specific date or event as determined by the
original classification authority; or
(2)
the expiration of a maximum time frame for duration of classification
established under this order.
(c)
"Declassification authority" means;
(1)
the official who authorized the original classification, if that
official is still serving in the same position;
(2)
the originator's current successor in function;
(3)
a supervisory official of either; or
(4)
officials delegated declassification authority in writing by the
agency head or the senior agency official.
(d)
"Mandatory declassification review" means the review for
declassification of classified information in response to a request for
declassification that meets the requirements under section 3.6 of this
order.
(e)
"Systematic declassification review" means the review for
declassification of classified information contained in records that
have been determined by the Archivist of the United States
("Archivist") to have permanent historical value in accordance
with chapter 33 of title 44, United States Code, (f)
"Declassification guide" means written instructions issued by
a declassification authority that describes the elements of information
regarding a specific subject that may be declassified and the elements
that must remain classified.
(g)
"Downgrading" means a determination by a declassification
authority that information classified and safeguarded at a specified
level shall be classified and safeguarded at a lower level.
(h)
"File series" means documentary material, regardless of its
physical form or characteristics, that is arranged in accordance with a
filing system or maintained as a unit because it pertains to the same
function or activity.
Sec.
3.2. Authority for Declassification.
(a)
Information shall be declassified as soon as it no longer meets the
standards for classification under this order.
(b)
It is presumed that information that continues to meet the
classification requirements under this order requires continued
protection. In some exceptional cases, however, the need to protect such
information may be outweighed by the public interest in disclosure of
the information, and in these cases the information should be
declassified. When such questions arise, they shall be referred to the
agency head or the senior agency official. That official will determine,
as an exercise of discretion, whether the public interest in disclosure
outweighs the damage to national security that might reasonably be
expected from disclosure. This provision does not:
(1)
amplify or modify the substantive criteria or procedures for
classification; or
(2)
create any substantive or procedural rights subject to judicial
review.
(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 classification. Any such decision by the Director may be
appealed to the President through the Assistant to the President for
National Security Affairs. 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 had such authority under predecessor orders.
Sec.
3.3. Transferred Information.
(a)
In the case of classified information transferred in conjunction with a
transfer of functions, and not 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 paragraph (a), above, 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 and
Records Administration ("National Archives") as of the
effective date of this order shall be declassified or downgraded by the
Archivist in accordance with this order, the directives issued pursuant
to this order, agency declassification guides, and any existing
procedural agreement between the Archivist and the relevant agency head.
(d)
The originating agency shall take all reasonable step to declassify
classified information contained in records determined to have permanent
historical value before they are accessioned into the National Archives.
However, the Archivist may require that, records containing classified
information be accessioned into the National Archives when necessary to
comply with the provisions of the Federal Records Act. This provision
does not apply to information being transferred to the Archivist
pursuant to section 2203 of title 44, United States Code, or information
for which the National Archives and Records Administration serves as the
custodian of the records of an agency or organization that goes out of
existence.
(e)
To the extent practicable, agencies shall adopt a system of records
management that will facilitate the public release of documents at the
time such documents are declassified pursuant to the provisions for
automatic declassification in sections 1.6 and 3.4 of this order.
Sec.
3.4. Automatic-Declassification.
(a)
Subject to paragraph (b), below, within 5 years from the date of this
order, all classified information contained in records that (1) are more
than 25 years old, and (2) have been determined to have permanent
historical value under title 44, United States Code, shall be
automatically declassified whether or not the records have been
reviewed. Subsequently, all classified information in such records shall
be automatically declassified no longer than 25 years from the date of
its original classification, except as provided in paragraph (b), below.
(b)
An agency head may exempt from automatic declassification under
paragraph (a), above, specific information, the release of which should
be expected to:
(1)
reveal the identity of a confidential human source, or reveal
information about the application of an intelligence source or method,
or reveal the identity of a human intelligence source when the
unauthorized disclosure of that source would clearly and demonstrably
damage the national security interests of the United States;
(2)
reveal information that would assist in the development or use of
weapons of mass destruction;
(3)
reveal information that would impair U.S. cryptologic systems or
activities;
(4)
reveal information that would impair the application of state of the
art technology within a U.S. weapon system;
(5)
reveal actual U.S. military war plans that remain in effect;
(6)
reveal information that would seriously and demonstrably impair
relations between the United States and a foreign government, or
seriously and demonstrably undermine ongoing diplomatic activities of
the United States;
(7)
reveal information that would clearly and demonstrably impair the
current ability of United States Government officials to protect the
President, Vice President, and other officials for whom protection
services, in the interest of national security, are authorized;
(8)
reveal information that would seriously and demonstrably impair
current national security emergency preparedness plans; or
(9)
violate a statute, treaty, or international agreement.
(c)
No later than the effective date of this order, an agency head shall
notify the President through the Assistant to the President for National
Security Affairs of any specific file series of records for which a
review or assessment has determined that the information within those
file series almost invariably falls within one or more of the exemption
categories listed in paragraph (b), above, and which the agency proposes
to exempt from automatic declassification. The notification shall
include:
(1)
a description of the file series;
(2)
an explanation of why the information within the file series is almost
invariably exempt from automatic declassification and why the
information must remain classified for a longer period of time; and
(3)
except for the identity of a confidential human source or a human
intelligence source, as provided in paragraph (b), above, a specific
date or event for declassification of the information.
The
President may direct the agency head not to exempt the file series or to
declassify the information within that series at an earlier date than
recommended.
(d)
At least 180 days before information is automatically declassified under
this section, an agency head or senior agency official shall notify the
Director of the Information Security oversight Office, serving as
Executive Secretary of the Interagency Security Classification Appeals
Panel, of any specific information beyond that included in a
notification to the President under paragraph (c), above, that the
agency proposes to exempt from automatic declassification. The
notification shall include:
(1)
a description of the information;
(2)
an explanation of why the information is exempt from
automatic declassification and must remain classified for a longer
period of time; and
(3)
except for the identity of a confidential human source or a human
intelligence source, as provided in paragraph (b), above, a specific
date or event for declassification of the information. The Panel may
direct the agency not to exempt the information or to declassify it at
an earlier date than recommended. The agency head may appeal such a
decision to the President through the Assistant to the President for
National Security Affairs. The information will remain classified
while such an appeal is pending.
(e)
No later than the effective date of this order, the agency head or
senior agency official shall provide the Director of the Information
Security Oversight Office with a plan for compliance with the
requirements of this section, including the establishment of interim
target dates. Each such plan shall include the requirement that the
agency declassify at least 15 percent of the records affected by this
section no later than 1 year from the effective date of this order, and
similar commitments for subsequent years until the effective date for
automatic declassification.
(f)
Information exempted from automatic declassification under this section
shall remain subject to the mandatory and systematic declassification
review provisions of this order.
(g)
The Secretary of State shall determine when the United States should
commence negotiations with the appropriate officials of a foreign
government or international organization of governments to modify any
treaty or international agreement that requires the classification of
information contained in records affected by this section for a period
longer than 25 years from the date of its creation, unless the treaty or
international agreement pertains to information that may otherwise
remain classified beyond 25 years under this section.
Sec.
3.5. Systematic Declassification Review.
(a)
Each agency that has originated classified information under this order
or its predecessors shall establish and conduct a program for systematic
declassification review. This program shall apply to historically
valuable records exempted from automatic declassification under section
3.4 of this order. Agencies shall prioritize the systematic review of
records based upon:
(1)
recommendations of the Information Security Policy Advisory Council,
established in section 5.5 of this order, on specific subject areas
for systematic review concentration; or
(2)
the degree of researcher interest and the likelihood of
declassification upon review.
(b)
The Archivist shall conduct a systematic declassification review program
for classified information:
(1)
accessioned into the National Archives as of the effective date of
this order;
(2)
information transferred to the Archivist pursuant to section 2203 of
title 44, United States Code; and
(3)
information for which the National Archives and Records Administrator
serves as the custodian of the records of an agency gone out of
existence. This program shall apply to pertinent records no later than
25 year from Administration serves as the custodian of the records of
. an agency or organization that has the date of their creation. The
Archivist shall establish priorities for the systematic review of
these records based up the recommendations of the Information Security
Policy Advisor Council; or the degree of researcher interest and the
likelihood of declassification upon review. These records shall be
reviewed in accordance with the standards of this order, its
implementing directives, and declassification guides provided to the
Archivist by each agency that originated the records. The Director of
the Information Security Oversight Office shall assure that agencies
provide the Archivist with adequate and current declassification
guides.
(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.
3.6. Mandatory Declassification Review.
(a)
Except as provided in paragraph (b), below, 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 for a review describes the document or material containing
the information with sufficient specificity to enable the agency to
locate it with a reasonable amount of effort;
(2)
the information is not exempted from search and review under the
Central Intelligence Agency Information Act; and
(3)
the information has not been reviewed for declassification within the
past 2 years. If the agency has reviewed the information within the
past 2 years, or the information is the subject of pending litigation,
the agency shall inform the requester of this fact and of the
requester's appeal rights.
(b)
Information originated by:
(1)
the incumbent President;
(2)
the incumbent President's White House Staff;
(3)
committees, commissions, or boards appointed by the incumbent
President; or
(4)
other entities within the Executive Office of the President that
solely advise and assist the incumbent President is exempted from the
provisions of paragraph (a), above. However, the Archivist shall have
the authority to review, downgrade, and declassify information of
former Presidents under the control of the Archivist pursuant to
sections 2107, 2111, 2111 note, or 2203 of title 44, United States
Code. Review procedures developed by the Archivist shall provide for
consultation 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. Agencies with primary subject matter interest shall be
notified promptly of the Archivist's decision. Any final decision by
the Archivist may be appealed by the requester or an agency to the
Interagency Security Classification Appeals Panel. The information
shall remain classified pending a prompt decision on the appeal.
(c)
Agencies conducting a mandatory review for declassification shall
declassify information that no longer meets the standards for
classification under this order. They shall release this information
unless withholding is otherwise authorized and warranted under
applicable law.
(d)
In accordance with directives issued pursuant to this order, agency
heads shall develop procedures to process requests for the mandatory
review of classified information. These procedures shall apply to
information classified under this or predecessor orders. They also shall
provide a means for administratively appealing a denial of a mandatory
review request, and for notifying the requester of the right to appeal a
final agency decision to the Interagency Security Classification Appeals
Panel.
(e)
After consultation with affected agencies, the Secretary of Defense
shall develop special procedures for the review of cryptologic
information, the Director of Central Intelligence shall develop special
procedures for the review of information pertaining to intelligence
activities (including special activities), or intelligence sources or
methods, and the Archivist shall develop special procedures for the
review of information accessioned into the National Archives.
Sec.
3.7. Processing Request and Reviews. 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, or pursuant to the
automatic declassification or systematic review provisions of this order:
(a)
An agency may refuse to confirm or deny the existence or nonexistence of
requested information whenever the fact of its existence or nonexistence
is itself classified under this order.
(b)
When an agency receives any request for documents in its custody that
contain information that was originally classified by another agency, or
comes across such documents in the process of the automatic
declassification or systematic review provisions of this order, it shall
refer copies of any request and the pertinent documents to the
originating agency for processing, and may, after consultation with the
originating agency, inform any requester of the referral unless such
association is itself classified under this order. In cases in which the
originating agency determines in writing that a response under paragraph
(a), above, is required, the referring agency shall respond to the
requester in accordance with that paragraph.
Sec.
3.8. Declassification Database.
(a)
The Archivist in conjunction with the Director of the Information
Security oversight Office and those agencies that originate classified
information, shall establish a Government wide database of information
that has been declassified. The Archivist shall also explore other
possible uses of technology to facilitate the declassification process.
(b)
Agency heads shall fully cooperate with the Archivist in these efforts.
(c)
Except as otherwise authorized and warranted by law, all declassified
information contained within the database established under paragraph
(a), above, shall be available to the public.
PART 4
SAFEGUARDING
Sec.
4.1. Definitions. For purposes of this order:
(a)
"Safeguarding" means measures and controls that are prescribed
to protect classified information.
(b)
"Access" means the ability or opportunity to gain knowledge of
classified information.
(c)
"Need-to-know" means a determination made by an authorized
holder of classified information that a prospective recipient requires
access to specific classified information in order to perform or assist
in a lawful and authorized governmental function.
(d)
"Automated information system" means an assembly of computer
hardware, software, or firmware configured to collect, create,
communicate, compute, disseminate, process, store, or control data or
information.
(e)
"Integrity" means the state that exists when information is
unchanged from its source and has not been accidentally or intentionally
modified, altered, or destroyed.
(f)
"Network" means a system of two or more computers that can
exchange data or information.
(g)
"Telecommunications" means the preparation, transmission, or
communication of information by electronic means.
(h)
"Special access program" means a program established for a
specific class of classified information that imposes safeguarding and
access requirements that exceed those normally required for information
at the same classification level.
Sec.
4.2. General Restrictions on Access.
(a)
A person may have access to classified information provided that:
(1)
a favorable determination of eligibility for access has been made by
an agency head or the agency head's designee;
(2)
the person has signed an approved nondisclosure agreement; and
(3)
the person has a need-to-know the information.
(b)
Classified information shall remain under the control of the originating
agency or its successor in function. An agency shall not disclose
information originally classified by another agency without its
authorization. An official or employee leaving agency service may not
remove classified information from the agency's control.
(c)
Classified information may not be removed from official premises without
proper authorization.
(d)
Persons authorized to disseminate classified information outside the
executive branch shall assure the protection of the information in a
manner equivalent to that provided within the executive branch.
(e)
Consistent with law, directives, and regulation, an agency head or
senior agency official shall establish uniform procedures to ensure that
automated information systems, including networks and telecommunications
systems, that collect create, communicate, compute, disseminate,
process, or store classified information have controls that:
(1)
prevent access by unauthorized persons; and
(2)
ensure the integrity of the information.
(f)
Consistent with law, directives, and regulation, each agency head or
senior agency official shall establish controls to ensure that
classified information is used, processed, stored, reproduced,
transmitted, and destroyed under conditions that provide adequate
protection and prevent access by unauthorized persons.
(g)
consistent with directives issued pursuant to this order, an agency
shall safeguard foreign government information under standards that
provide a degree of protection at least equivalent to that required by
the government or international organization of governments that
furnished the information. When adequate to achieve equivalency, these
standards may be less restrictive than the safeguarding standards that
ordinarily apply to United States "Confidential" information,
including allowing access to individuals with a need-to-know who have
not otherwise been cleared for access to classified information or
executed an approved nondisclosure agreement.
(h)
Except as provided by statute or directives issued pursuant to this
order, classified information originating in one agency may not be
disseminated outside any other agency to which it has been made
available without the consent of the originating agency. An agency head
or senior agency official may waive this requirement for specific
information originated within that agency. For purposes of this section,
the Department of Defense shall be considered one agency.
Sec.
4.3 Distribution Controls.
(a)
Each agency shall establish controls over the distribution of classified
information to assure that it is distributed only to organizations or
individuals eligible for access who also have need-to-know the
information.
(b)
Each agency shall update, at least annually, the automatic, routine, or
recurring distribution of classified information that they distribute.
Recipients shall cooperate fully with distributors who are updating
distribution lists and shall notify distributors whenever a relevant
change in status occurs.
Sec.
4.4. Special Access Programs.
(a)
Establishment of special access programs. Unless otherwise authorized by
the President, only the Secretaries of State, Defense and Energy, and
the Director of Central Intelligence, or the principal deputy of each,
may create a special access program. For special access programs
pertaining to intelligence activities (including special activities, but
not including military operational, strategic and tactical programs), or
intelligence sources or methods, this function will be exercised by the
Director of Central Intelligence. These officials shall keep the number
of these programs at an absolute minimum, and shall establish them only
upon a specific finding that:
(1)
the vulnerability of, or threat to, specific information is
exceptional; and
(2)
the normal criteria for determining eligibility for access applicable
to information classified at the same level are not deemed sufficient
to protect the information from unauthorized disclosure; or
(3)
the program is required by statute.
(b)
Requirements and Limitations.
(1)
Special access programs shall be limited to programs in which the
number of persons who will have access ordinarily will be reasonably
small and commensurate with the objective of providing enhanced
protection for the information involved.
(2)
Each agency head shall establish and maintain a system of accounting
for special access programs consistent with directives issued pursuant
to this order.
(3)
Special access programs shall be subject to the oversight program
established under section 5.6(c) of this order. In addition, the
Director of the Information Security Oversight Office shall be
afforded access to these programs, in accordance with the security
requirements of each program, in order to perform the functions
assigned to the information Security Oversight Office under this
order. An agency head may limit access to a special access program to
the Director and no more than one other employee of the Information
Security Oversight Office; or, for special access programs that are
extraordinarily sensitive and vulnerable, to the Director only.
(4)
The agency head or principal deputy shall review annually each special
access program to determine whether it continues to meet the
requirements of this order.
(5)
Upon request, an agency shall brief the Assistant to the President for
National Security Affairs, or his or her designee, on any or all of
the agency's special access programs.
(c)
Within 180 days after the effective date of this order, each agency head
or principal deputy shall review all existing special access programs
under the agency�s jurisdiction. These officials shall terminate any
special access programs that do not clearly meet the provisions of this
order. Each existing special access program that an agency head or
principal deputy validates shall be treated as if it were established on
the effective date of this order.
(d)
Nothing in this order shall supersede any requirement made by or under
10 U.S.C. 119.
Sec.
4.5. Access by Historical Researchers and Former Presidential Appointees.
(a)
The requirement in section 4.2(a)(3) of this order that access to
classified information may be granted only to individuals who have a
need to-know the information may be waived 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 this section may be granted only if the agency head or
senior agency official of the originating agency:
(1)
determines in writing that access is consistent with the interest of
national 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 Presidential appointee.
PART 5
IMPLEMENTATION AND REVIEW
Sec.
5.1. Definitions. For purposes of this order:
(a)
"Self-inspection" means the internal review and evaluation of
individual agency activities and the agency as a whole with respect to the
implementation of the program established under this order and its
implementing directives.
(b)
"Violation" means:
(1)
any knowing, willful, or negligent action that could reasonably be
expected to result in an unauthorized disclosure of classified
information;
(2)
any knowing, willful, or negligent action to classify or continue the
classification of information contrary to the requirements of this order
or its implementing directives; or
(3)
any knowing, willful, or negligent action to create or continue a
special access program contrary to the requirements of this order.
(c)
"Infraction" means any knowing, willful, or negligent action
contrary to the requirements of this order or its implementing directives
that does not comprises "violation," as defined above.
Sec.
5.2. Program Direction.
(a)
The Director of the Office of Management and Budget, in consultation with
the Assistant to the President for National Security Affairs and the
co-chairs of the Security Policy Board, shall issue such directives as are
necessary to implement this order. These directives shall be binding upon
the agencies. Directives issued by the Director of the Office of
Management and Budget shall establish standards for:
(1)
classification and marking principles;
(2)
agency security education and training programs;
(3)
agency self-inspection programs; and
(4)
classification and declassification guides.
(b)
The Director of the office of Management and Budget shall delegate the
implementation and monitorship functions of this program to the Director
of the Information Security oversight office.
(c)
The security Policy Board, established by a Presidential Decision
Directive, shall make a recommendation to the President through the
Assistant to the President for National Security Affairs with respect to
the issuance of a Presidential directive on safeguarding classified
information. The Presidential directive shall pertain to the handling,
storage, distribution, transmittal, and destruction of and accounting for
classified information.
Sec.
5.3. Information Security Oversight Office.
(a)
There is established within the office of Management and Budget an
Information Security Oversight Office. The Director of the office of
Management and Budget shall appoint the Director of the Information
Security Oversight office, subject to the approval of the President.
(b)
Under the direction of the Director of the Office of Management and Budget
acting in consultation with the Assistant to the President for National
Security Affairs, the Director of the Information Security Oversight
Office shall:
(1)
develop directives for the implementation of this order;
(2)
oversee agency actions to ensure compliance with this order and its
implementing directives;
(3)
review and approve agency implementing regulations and agency guides for
systematic declassification review prior to their issuance by the
agency;
(4)
have the authority to conduct on-site reviews of each agency's program
established under this order, and to require of each agency those
reports, information, and other cooperation that may be necessary to
fulfill its responsibilities. If granting access to specific categories
of classified information would pose an exceptional national security
risk, the affected agency head or the senior agency official shall
submit a written justification recommending the denial of access to the
Director of the Office of Management and Budget within 60 days of the
request for access. Access shall be denied pending a prompt decision by
the Director of the Office of Management and Budget, who shall consult
on this decision with the Assistant to the President for National
Security Affairs;
(5)
review requests for original classification authority from agencies or
officials not granted original classification authority and, if deemed
appropriate, recommend Presidential approval through the Director of the
Office of Management and Budget;
(6)
consider and take action on complaints and suggestions from persons
within or outside the Government with respect to the administration of
the program established under this order;
(7)
have the authority to prescribe, after consultation with affected
agencies, standardization of forms or procedures that will promote the
implementation of the program established under this order;
(8)
report at least annually to the President on the implementation of this
order; and
(9)
convene and chair interagency meetings to discuss matters pertaining to
the program established by this order.
Sec.
5.4. Interagency Security Classification Appeals Panel.
(a)
Establishment and Administration.
(1)
There is established an Interagency Security Classification Appeals
Panel ("Panel"). The Secretaries of State and Defense, the
Attorney General, the Director of Central Intelligence, the Archivist of
the United States, and the Assistant to the President for National
Security Affairs shall each appoint a senior level representative to
serve as a member of the Panel. The President shall select the Chair of
the Panel from among the Panel members.
(2)
A vacancy on the Panel shall be filled as quickly as possible as
provided in paragraph (1), above.
(3)
The Director of the Information Security oversight office shall serve as
the Executive Secretary. The staff of the Information Security Oversight
Office shall provide program and administrative support for the Panel.
(4)
The members and staff of the Panel shall be required to meet eligibility
for access standards in order to fulfill the Panel�s functions.
(5)
The Panel shall meet at the call of the Chair. The Chair shall schedule
meetings as may be necessary for the Panel to fulfill its functions in a
timely manner.
(6)
The Information Security Oversight Office shall include in its reports
to the President a summary of the Panels activities.
(b) Functions.
The Panel shall:
(1)
decide on appeals by persons who have filed classification challenges
under section 1.9 of this order;
(2)
approve, deny, or amend agency exemptions from automatic
declassification as provided in section 3.4 of this order; and
(3)
decide on appeals by persons or entities who have filed requests for
mandatory declassification review under section 3.6 of this order.
(c) Rules-and
Procedures. The Panel shall issue bylaws, which shall be published in
the Federal Register no later than 120 days from the
effective date of this, order. The bylaws shall establish the rules and
procedures that the Panel will follow in accepting, considering, and
issuing decisions on appeals. The rules and procedures of the Panel shall
provide that the Panel will consider appeals only on actions in which:
(1)
the appellant has exhausted his or her administrative remedies within
the responsible agency;
(2)
there is no current action pending on the issue within the federal
courts; and
(3)
the information has not been the subject of review by the federal courts
or the Panel within the past 2 years.
(d)
Agency heads will cooperate fully with the Panel so that it can fulfill
its functions in a timely and fully informed manner. An agency head may
appeal a decision of the Panel to the President through the Assistant to
the President for National Security Affairs. The Panel will report to the
President through the Assistant to the President for National Security
Affairs any instance in which it believes that an agency head is not
cooperating fully with the Panel.
(e)
The Appeals Panel is established for the sole purpose of advising and
assisting the President in the discharge of his constitutional and
discretionary authority to protect the national security of the United
States. Panel decisions are committed to the discretion of the Panel,
unless reversed by the President.
Sec.
5.5. Information Security Policy Advisory Council.
(a) Establishment.
There is established an Information Security Policy Advisory Council
("Council"). The Council shall be composed of seven members
appointed by the President for staggered terms not to exceed 4 years, from
among persons who have demonstrated interest and expertise in an area
related to the subject matter of this order and are not otherwise
employees of the Federal Government. The President shall appoint the
Council Chair from among the members. The Council shall comply with the
Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2.
(b) Functions.
The Council shall:
(1)
advise the President, the Assistant to the President for National
Security Affairs, the Director of the Office of Management and Budget,
or such other executive branch officials as it deems appropriate, on
policies established under this order or its implementing directives,
including recommended changes to those policies;
(2)
provide recommendations to agency heads for specific subject areas for
systematic declassification review; and
(3)
serve as a forum to discuss policy issues in dispute.
(c) Meetings.
The Council shall meet at least twice each calendar year, and as
determined by the Assistant to the President for National Security Affairs
or the Director of the office of Management and Budget.
(d) Administration.
(1)
Each Council member may be compensated at a rate of pay not to exceed
the daily equivalent of the annual rate of basic pay in effect for grade
GS-18 of the general schedule under section 5376 of title 5, United
States Code, for each day during which that member is engaged in the
actual performance of the duties of the Council.
(2)
While away from their homes or regular place of business in the actual
performance of the duties of the Council, members may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
law for persons serving intermittently in the-Government service (5
U.S.C. 5703(b)).
(3)
To the extent permitted by law and subject to the availability of funds,
the Information Security Oversight office shall provide the Council with
administrative services, facilities, staff, and other support services
necessary for the performance of its functions.
(4)
Notwithstanding any other Executive order, the functions of the
President under the Federal Advisory Committee Act, as amended, that are
applicable to the council, except that of reporting to the Congress,
shall be performed by the Director of the Information Security Oversight
Office in accordance with the guidelines and procedures established by
the General Services Administration.
Sec.
5.6. General Responsibilities. Heads of agencies that
originate or handle classified information shall:
(a)
demonstrate personal commitment and commit senior management to the
successful implementation of the program established under this order;
(b)
commit necessary resources to the effective implementation of the program
established under this order; and
(c)
designate a senior agency official to direct and administer the program,
whose responsibilities shall include:
(1)
overseeing the agency's program established under this order, provided,
an agency head may designate a separate official to oversee special
access programs authorized under this order. This official shall provide
a full accounting of the agency's special access programs at least
annually;
(2)
promulgating implementing regulations, which shall be published in the Federal
Register to the extent that they affect members of the public;
(3)
establishing and maintaining security education and training programs;
(4)
establishing and maintaining an ongoing self-inspection program, which
shall include the periodic review and assessment of the agency's
classified product;
(5)
establishing procedures to prevent unnecessary access to classified
information, including procedures that: (i) require that a need for
access to classified information is established before initiating
administrative clearance 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;
(6)
developing special contingency plans for the safeguarding of classified
information used in or near hostile or potentially hostile areas;
(7)
assuring that the performance contract or other system used to rate
civilian or military personnel performance includes the management of
classified information as a critical element or item to be evaluated in
the rating of:
(i) original classification authorities;
(ii) security
managers or security specialists; and
(iii) all other personnel whose
duties significantly involve the creation or handling of classified
information;
(8)
accounting for the costs associated with the implementation of this
order, which shall be reported to the Director of the Information
Security Oversight Office for publication; and
(9)
assigning in a prompt manner agency personnel to respond to any request,
appeal, challenge, complaint, or suggestion arising out of this order
that pertains to classified information that originated in a component
of the agency that no longer exists and for which there is no clear
successor in function.
Sec.
5.7. 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 agency official so that corrective steps, if appropriate, may be
taken.
(b)
Officers and employees of the United States Government, and its
contractors, licensees, certificate holders, and grantees shall be subject
to appropriate sanctions if they knowingly, willfully, or negligently:
(1)
disclose to unauthorized persons information properly classified under
this order or predecessor orders;
(2)
classify or continue the classification of information in violation of
this order or any implementing directive;
(3)
create or continue a special access program contrary to the requirements
of this order; or
(4)
contravene any other provision of this order or its implementing
directives.
(c)
Sanctions may include reprimand, suspension without pay, removal,
termination of classification authority, loss or denial of access to
classified information, or other sanctions in accordance with applicable
law and agency regulation.
(d)
The agency head, senior agency official, or other supervisory official
shall, at a minimum, promptly remove the classification authority of any
individual who demonstrates reckless disregard or a pattern of error in
applying the classification standards of this order.
(e)
The agency head or senior agency official shall:
(1)
take appropriate and prompt corrective action when a violation or
infraction under paragraph (b), above, occurs; and
(2)
notify the Director of the Information Security Oversight office when a
violation under paragraph (b)(1), (2) or (3), above, occurs.
PART 6
GENERAL PROVISIONS
Sec.
6.1. General Provisions.
(a)
Nothing in this order shall supersede any requirement made by or under the
Atomic Energy Act of 1954, as amended, or the National Security Act of
1947, as amended. "Restricted Data" and "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 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
interpretation 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, including the exemptions to the Freedom of
Information Act, the Privacy Act, and the National Security Act of 1947,
as amended. This order is not intended, and should not be construed, to
create any right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its officers, or its
employees. The foregoing is in addition to the specific provisos set forth
in sections 1.2(b), 3.2(b) and 5.4(e) of this order.
(d)
Executive Order No. 12356 of April 6, 1982, is revoked as of the effective
date of this order.
Sec.
6.2. Effective Date. This order shall become effective 180 days from the date of this
order.
THE WHITE HOUSE,
April 17, 1995. |