For Immediate Release
Office of the Press Secretary
March 25, 2003
Executive Order
Further Amendment to Executive Order 12958,
As Amended, Classified National Security Information
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to further amend
Executive Order 12958, as amended, it is hereby ordered that Executive
Order 12958 is amended to read as follows:
"Classified National Security Information
This order prescribes a uniform system for classifying,
safeguarding, and declassifying national security information,
including information relating to defense against transnational
terrorism. Our democratic principles require that the American people
be informed of the activities of their Government. Also, our Nations
progress depends on the free flow of information. Nevertheless,
throughout our history, the national defense has required that certain
information be maintained in confidence in order to protect our
citizens, our democratic institutions, our homeland security, and our
interactions with foreign nations. Protecting information critical to
our Nations security remains a priority.
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 1--ORIGINAL CLASSIFICATION
Sec. 1.1. 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 1.4 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, which
includes defense against transnational terrorism, and the
original classi-fication authority is able to identify or
describe the damage.
(b) Classified information shall not be declassified automatically
as a result of any unauthorized disclosure of identical or similar
information.
(c) The unauthorized disclosure of foreign government information
is presumed to cause damage to the national security.
Sec. 1.2. 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.
Sec. 1.3. Classification Authority. (a) The authority to
classify information originally may be exercised only by:
(1) the President and, in the performance of executive duties,
the Vice President;
(2) agency heads and officials designated by the President in
the Federal Register; and
(3) United States Government officials delegated this
authority pursuant to paragraph (c) of this section.
(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; in the performance of
executive duties, the Vice President; or an agency head or
official designated pursuant to paragraph (a)(2) of this
section.
(3) "Secret" or "Confidential" original classification
authority may be delegated only by the President; in the
performance of executive duties, the Vice President; or an
agency head or official designated pursuant to paragraph (a)(2)
of this section; or the senior agency official described in
section 5.4(d) of this order, 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. Such training must include instruction on the proper
safeguarding of classified information and of the criminal, civil, and
administrative sanctions that may be brought against an individual who
fails to protect classified information from unauthorized disclosure.
(e) Exceptional cases. When an employee, government contractor,
licensee, certificate holder, or grantee of an agency who does not have
original classification authority originates information believed by
that person to require classification, the infor-mation 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. 1.4. Classification Categories. Information shall 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, which includes defense against transnational
terrorism;
(f) United States Government programs for safeguarding nuclear
materials or facilities;
(g) vulnerabilities or capabilities of systems, installations,
infrastructures, projects, plans, or pro-tection services relating to
the national security, which includes defense against transnational
terrorism; or
(h) weapons of mass destruction.
Sec. 1.5. 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. Upon reaching the date or event, the information shall be
automatically declassified. The date or event shall not exceed the
time frame established in paragraph (b) of this section.
(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, unless the original classi-fication authority otherwise
determines that the sensitivity of the information requires that it
shall be marked for declassification for up to 25 years from the date
of the original decision. All information classified under this
section shall be subject to section 3.3 of this order if it is
contained in records of permanent historical value under title 44,
United States Code.
(c) An original classification authority may extend the duration
of classification, change the level of classification, or reclassify
specific information only when the standards and procedures for
classifying information under this order are followed.
(d) Information marked for an indefinite duration of
classification under predecessor orders, for example, marked as
"Originating Agencys 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. 1.6. 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
1.2 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 1.5(a) or section 1.5(c);
(B) the date that is 10 years from the date of original
classification, as prescribed in section 1.5(b); or
(C) the date that is up to 25 years from the date of
original classification, as prescribed in section 1.5 (b); and
(5) a concise reason for classification that, at a minimum,
cites the applicable classification categories in section 1.4
(b) Specific information described in paragraph (a) of this
section may be excluded if it would reveal additional classified
information.
(c) With respect to each classified document, the agency
originating the document shall, by marking or other means, indicate
which portions are classified, with the applicable classification
level, 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. 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. Foreign government
information retaining its original classification markings need not be
assigned a U.S. classification marking provided that the responsible
agency determines that the foreign government markings are adequate to
meet the purposes served by U.S. classification markings.
(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.
(h) Prior to public release, all declassified records shall be
appropriately marked to reflect their declassification.
Sec. 1.7. 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 the national security.
(b) Basic scientific research information not clearly related to
the national security shall not be classified.
(c) Information may be reclassified after declassification and
release to the public under proper authority only in accordance with
the following conditions:
(1) the reclassification action is taken under the personal
authority of the agency head or deputy agency head, who
determines in writing that the reclassi-fication of the
information is necessary in the interest of the national
security;
(2) the information may be reasonably recovered; and
(3) the reclassification action is reported promptly to the
Director of the Information Security Oversight Office.
(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 3.5 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 5.4
of this order.
(e) Compilations of items of information that 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 items of information. As used in this order,
"compilation" means an aggregation of pre-existing unclassified items
of information.
Sec. 1.8. 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) of this section.
(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 ensure 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 (Panel) established by section 5.3 of this order.
PART 2--DERIVATIVE CLASSIFICATION
Sec. 2.1. 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. 2.2. 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 ensure that
classification guides are reviewed and updated as provided in
directives issued under this order.
PART 3--DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. 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 the 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. 3.2. Transferred Records. (a) In the case of classified
records 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 records that are not officially
transferred as described in paragraph (a) of this section, 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 records shall be
deemed to be the originating agency for purposes of this order. Such
records 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 records.
(c) Classified records 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 of the
United States (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 steps 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 classified
records be accessioned into the National Archives when necessary to
comply with the provisions of the Federal Records Act. This provision
does not apply to records being transferred to the Archivist pursuant
to section 2203 of title 44, United States Code, or records for which
the National Archives serves as the custodian of the records of an
agency or organization that has gone 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 section 3.3 of this order.
Sec. 3.3. Automatic Declassification. (a) Subject to paragraphs
(b)-(e) of this section, on December 31, 2006, all classified 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 records shall be
automatically declassified on December 31 of the year that is 25 years
from the date of its original classification, except as provided in
paragraphs (b)-(e) of this section.
(b) An agency head may exempt from automatic declassification
under paragraph (a) of this section specific information, the release
of which could be expected to:
(1) reveal the identity of a confidential human source, or a
human intelligence source, or reveal information about the
application of an intelligence source or method;
(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, including foreign government
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
protectees for whom protection services, in the interest of the
national security, are authorized;
(8) reveal information that would seriously and demonstrably
impair current national security emergency preparedness plans
or reveal current vulnerabilities of systems, installations,
infrastructures, or projects relating to the national security;
or
(9) violate a statute, treaty, or international agreement.
(c) 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 that file series almost
invariably falls within one or more of the exemption categories listed
in paragraph (b) of this section 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) of
this section, 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. File series exemptions previously
approved by the President shall remain valid without any additional
agency action.
(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 Panel, of any
specific information beyond that included in a notification to the
President under paragraph (c) of this section that the agency proposes
to exempt from automatic declassification. The notification shall
include:
(1) a description of the information, either by reference to
information in specific records or in the form of a
declassification guide;
(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) of
this section, 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) The following provisions shall apply to the onset of automatic
declassification:
(1) Classified records within an integral file block, as
defined in this order, that are otherwise subject to automatic
declassification under this section shall not be automatically
declassified until December 31 of the year that is 25 years
from the date of the most recent record within the file block.
(2) By notification to the Director of the Information
Security Oversight Office, before the records are subject to
automatic declassification, an agency head or senior agency
official designated under section 5.4 of this order may delay
automatic declassification for up to 5 additional years for
classified information
contained in microforms, motion pictures, audiotapes,
videotapes, or comparable media that make a review for possible
declassification exemptions more difficult or costly.
(3) By notification to the Director of the Information
Security Oversight Office, before the records are subject to
automatic declassification, an agency head or senior agency
official designated under section 5.4 of this order may delay
automatic declassification for up to 3 years for classified
records that have been referred or transferred to that agency
by another agency less than 3 years before automatic
declassification would otherwise be required.
(4) By notification to the Director of the Information
Security Oversight Office, an agency head or senior agency
official designated under section 5.4 of this order may delay
automatic declassification for up to 3 years from the date of
discovery of classified records that were inadvertently not
reviewed prior to the effective date of 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.
(h) Records containing information that originated with other
agencies or the disclosure of which would affect the interests or
activities of other agencies shall be referred for review to those
agencies and the information of concern shall be subject to automatic
declassification only by those agencies, consistent with the provisions
of subparagraphs (e)(3) and (e)(4) of this section.
Sec. 3.4. 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 records of
permanent historical value exempted from automatic declassification
under section 3.3 of this order. Agencies shall prioritize the
systematic review of records based upon the degree of researcher
interest and the likelihood of declassification upon review.
(b) The Archivist shall conduct a systematic declassification
review program for classified records: (1) accessioned into the
National Archives as of the effective date of this order; (2)
transferred to the Archivist pursuant to section 2203 of title 44,
United States Code; and (3) for which the National Archives serves as
the custodian for an agency or organization that has gone out of
existence. This program shall apply to pertinent records no later than
25 years from the date of their creation. The Archivist shall
establish priorities for the systematic review of these records based
upon 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 ensure 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. 3.5. Mandatory Declassification Review. (a) Except as
provided in paragraph (b) of this section, 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 sections 105C, 105D, or 701 of the National Security Act
of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); 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 requesters appeal rights.
(b) Information originated by:
(1) the incumbent President or, in the performance of
executive duties, the incumbent Vice President;
(2) the incumbent Presidents White House Staff or, in the
performance of executive duties, the incumbent Vice Presidents
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) of this
section. However, the Archivist shall have the authority to
review, downgrade, and declassify papers or records 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 Archivists decision. Any final decision by the
Archivist may be appealed by the requester or an agency to the
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 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. 3.6. Processing Requests 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 records whenever the fact of their existence
or nonexistence is itself classified under this order or its
predecessors.
(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 associa-tion is itself classified under this order or its
predecessors. In cases in which the originating agency determines in
writing that a response under paragraph (a) of this section is
required, the referring agency shall respond to the requester in
accordance with that paragraph.
Sec. 3.7. Declassification Database. (a) The Director of the
Information Security Oversight Office, in conjunction with those
agencies that originate classified information, shall coordinate the
linkage and effective utilization of existing agency databases of
records that have been declassified and publicly released.
(b) Agency heads shall fully cooperate with the Director of the
Information Security Oversight Office in these efforts.
PART 4--SAFEGUARDING
Sec. 4.1. 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 heads designee;
(2) the person has signed an approved nondisclosure agreement;
and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to
classified information in paragraph (a) of this section shall receive
contemporaneous training on the proper safeguarding of classified
information and on the criminal, civil, and administrative sanctions
that may be imposed on an individual who fails to protect classified
information from unauthorized disclosure.
(c) 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 agencys control.
(d) Classified information may not be removed from official
premises without proper authorization.
(e) Persons authorized to disseminate classified information
outside the executive branch shall ensure the protection of the
information in a manner equivalent to that provided within the
executive branch.
(f) 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.
(g) 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.
(h) 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 modified handling and transmission and 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.
(i) Except as otherwise provided by statute, this order,
directives implementing this order, or by direction of the President,
classified information originating in one agency shall 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.
Prior consent is not required when referring records for
declassification review that contain information originating in several
agencies.
Sec. 4.2. Distribution Controls. (a) Each agency shall establish
controls over the distribution of classified infor-mation to ensure
that it is distributed only to organizations or individuals eligible
for access and with a need-to-know the information.
(b) In an emergency, when necessary to respond to an imminent
threat to life or in defense of the homeland, the agency head or any
designee may authorize the disclosure of classified information to an
individual or individuals who are otherwise not eligible for access.
Such actions shall be taken only in accordance with the directives
implementing this order and any procedures issued by agencies governing
the classified information, which shall be designed to minimize the
classified information that is disclosed under these circumstances and
the number of individuals who receive it. Information disclosed under
this provision or implementing directives and procedures shall not be
deemed declassified as a result of such disclosure or subsequent use by
a recipient. Such disclosures shall be reported promptly to the
originator of the classified information. For purposes of this
section, the Director of Central Intelligence may issue an implementing
directive governing the emergency disclosure of classified intelligence
information.
(c) 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. 4.3. 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 shall 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 when the program is required by statute or 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.
(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 5.4(d) 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 head shall brief the Assistant to the
President for National Security Affairs, or a designee, on any or
all of the agencys special access programs.
(c) Nothing in this order shall supersede any requirement made by
or under 10 U.S.C. 119.
Sec. 4.4. Access by Historical Researchers and Certain Former
Government Personnel. (a) The requirement in section 4.1(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;
(2) previously have occupied policy-making positions to which
they were appointed by the President under section 105(a)(2)(A)
of title 3, United States Code, or the Vice President under
106(a)(1)(A) of title 3, United States Code; or
(3) served as President or Vice 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 the 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 and Vice Presidential appointees to items that the
person originated, reviewed, signed, or received while serving
as a Presidential appointee or a Vice Presidential appointee.
PART 5--IMPLEMENTATION AND REVIEW
Sec. 5.1. Program Direction. (a) The Director of the Information
Security Oversight Office, under the direction of the Archivist and in
consultation with the Assistant to the President for National Security
Affairs, 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 Information Security Oversight
Office shall establish standards for:
(1) classification and marking principles;
(2) safeguarding classified information, which shall pertain
to the handling, storage, distribution, transmittal, and
destruction of and accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and monitoring
functions of this program to the Director of the Information Security
Oversight Office.
Sec. 5.2. Information Security Oversight Office. (a) There is
established within the National Archives an Information Security
Oversight Office. The Archivist shall appoint the Director of the
Information Security Oversight Office, subject to the approval of the
President.
(b) Under the direction of the Archivist, 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
agencys 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 President through the Assistant to the President
for National Security Affairs within 60 days of the request for
access. Access shall be denied pending the response;
(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 Assistant to the President for National
Security Affairs;
(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. 5.3. Interagency Security Classification Appeals Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security
Classification Appeals Panel. The Departments of State,
Defense, and Justice, the Central Intelligence Agency, the
National Archives, and the Assistant to the President for
National Security Affairs shall each be represented by a
senior-level representative who is a full-time or permanent
part-time Federal officer or employee designated to serve as a
member of the Panel by the respective agency head. 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 (a)(1) of this section.
(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
Panels 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 1.8 of this order;
(2) approve, deny, or amend agency exemptions from automatic
declassification as provided in section 3.3 of this order; and
(3) decide on appeals by persons or entities who have filed
requests for mandatory declassification review under section
3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws, which
shall be published in the Federal Register. 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 shall 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 shall 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 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 changed by the President.
(f) Notwithstanding paragraphs (a) through (e) of this section,
whenever the Panel reaches a conclusion that information owned or
controlled by the Director of Central Intelligence (Director) should be
declassified, and the Director notifies the Panel that he objects to
its conclusion because he has determined that the information could
reasonably be expected to cause damage to the national security and to
reveal (1) the identity of a human intelligence source, or (2)
information about the application of an intelligence source or method
(including any information that concerns, or is provided as a result
of, a relationship with a cooperating intelligence element of a foreign
government), the information shall remain classified unless the
Directors determination is appealed to the President, and the President
reverses the determination.
Sec. 5.4. 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;
(c) ensure that agency records systems are designed and maintained
to optimize the safeguarding of classified information, and to
facilitate its declassification under the terms of this order when it
no longer meets the standards for continued classification; and
(d) designate a senior agency official to direct and administer
the program, whose responsibilities shall include:
(1) overseeing the agencys 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 agencys 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 agencys classified product;
(5) establishing procedures to prevent unnecessary access to
classified information, including procedures that:
(A) require that a need for access to classified
information is established before initiating administrative
clearance procedures; and
(B) 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) ensuring 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:
(A) original classification authorities;
(B) security managers or security specialists; and
(C) 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. 5.5. Sanctions. (a) If the Director of the Information
Security Oversight Office finds that a violation of this order or its
implementing directives has 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) of this section
occurs; and
(2) notify the Director of the Information Security Oversight
Office when a violation under paragraph (b)(1), (2), or (3) of
this section occurs.
PART 6--GENERAL PROVISIONS
Sec. 6.1. Definitions. For purposes of this order:
(a) "Access" means the ability or opportunity to gain knowledge of
classified information.
(b) "Agency" means any "Executive agency," as defined in 5 U.S.C.
105; any "Military department" as defined in 5 U.S.C. 102; and any
other entity within the executive branch that comes into the possession
of classified information.
(c) "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.
(d) "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.
(e) "Classification" means the act or process by which information
is determined to be classified information.
(f) "Classification guidance" means any instruction or source that
prescribes the classification of specific information.
(g) "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.
(h) "Classified national security information" or "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.
(i) "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.
(j) "Damage to the national security" means harm to the national
defense or foreign relations of the United States from the unauthorized
disclosure of information, taking into consideration such aspects of
the information as the sensitivity, value, utility, and provenance of
that information.
(k) "Declassification" means the authorized change in the status
of information from classified information to unclassified
information.
(l) "Declassification authority" means:
(1) the official who authorized the original classification,
if that official is still serving in the same position;
(2) the originators 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.
(m) "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.
(n) "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 infor-mation is not derivative classification.
(o) "Document" means any recorded information, regardless of the
nature of the medium or the method or circumstances of recording.
(p) "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.
(q) "File series" means file units or documents arranged according
to a filing system or kept together because they relate to a particular
subject or function, result from the same activity, document a specific
kind of transaction, take a particular physical form, or have some
other relationship arising out of their creation, receipt, or use, such
as restrictions on access or use.
(r) "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 Government
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.
(s) "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.
(t) "Infraction" means any knowing, willful, or negligent action
contrary to the requirements of this order or its implementing
directives that does not constitute a "violation," as defined below.
(u) "Integral file block" means a distinct component of a file
series, as defined in this section, that should be maintained as a
separate unit in order to ensure the integrity of the records. An
integral file block may consist of a set of records covering either a
specific topic or a range of time such as presidential administration
or a 5-year retirement schedule within a specific file series that is
retired from active use as a group.
(v) "Integrity" means the state that exists when information is
unchanged from its source and has not been accidentally or
intentionally modified, altered, or destroyed.
(w) "Mandatory declassification review" means the review for
declassification of classified information in response to a request for
declassification that meets the requirements under section 3.5 of this
order.
(x) "Multiple sources" means two or more source documents,
classification guides, or a combination of both.
(y) "National security" means the national defense or foreign
relations of the United States.
(z) "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.
(aa) "Network" means a system of two or more computers that can
exchange data or information.
(bb) "Original classification" means an initial determination that
information requires, in the interest of the national security,
protection against unauthorized disclosure.
(cc) "Original classification authority" means an individual
authorized in writing, either by the President, the Vice President in
the performance of executive duties, or by agency heads or other
officials designated by the President, to classify information in the
first instance.
(dd) "Records" means the records of an agency and Presidential
papers or Presidential records, as those terms are defined in title 44,
United States Code, including those created or maintained by a
government contractor, licensee, certificate holder, or grantee that
are subject to the sponsoring agencys control under the terms of the
contract, license, certificate, or grant.
(ee) "Records having permanent historical value" means
Presidential papers or Presidential records and the records of an
agency that the Archivist has determined should be maintained
permanently in accordance with title 44, United States Code.
(ff) "Records management" means the planning, controlling,
directing, organizing, training, promoting, and other managerial
activities involved with respect to records creation, records
maintenance and use, and records disposition in order to achieve
adequate and proper documentation of the policies and transactions of
the Federal Government and effective and economical management of
agency operations.
(gg) "Safeguarding" means measures and controls that are
prescribed to protect classified information.
(hh) "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.
(ii) "Senior agency official" means the official designated by the
agency head under section 5.4(d) of this order to direct and administer
the agencys program under which information is classified, safeguarded,
and declassified.
(jj) "Source document" means an existing document that contains
classified information that is incorporated, paraphrased, restated, or
generated in new form into a new document.
(kk) "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.
(ll) "Systematic declassification review" means the review for
declassification of classified information contained in records that
have been determined by the Archivist to have permanent historical
value in accordance with title 44, United States Code.
(mm) "Telecommunications" means the preparation, transmission, or
communication of information by electronic means.
(nn) "Unauthorized disclosure" means a communication or physical
transfer of classified information to an unauthorized recipient.
(oo) "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.
(pp) "Weapons of mass destruction" means chemical, biological,
radiological, and nuclear weapons.
Sec. 6.2. 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 Constitution,
Freedom of Information Act exemptions, the Privacy Act of 1974, and the
National Security Act of 1947, as amended. This order is not intended
to and does not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
departments, agencies, officers, employees, or agents. The foregoing
is in addition to the specific provisos set forth in sections 3.1(b)
and 5.3(e) of this order."
(d) Executive Order 12356 of April 6, 1982, was revoked as of
October 14, 1995.
Sec. 6.3. Effective Date. This order is effective immediately,
except for section 1.6, which shall become effective 180 days from the
date of this order.
GEORGE W. BUSH
THE WHITE HOUSE,
March 25, 2003.
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