EXECUTIVE ORDER 12958

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 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 1.5 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 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.

(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.

(c) If there is significant doubt about the appropriate level of
classification, it shall be classified at the lower level.

Sec. 1.3. 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. 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 disclosures.

(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. 1.4. 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, infrastructures,
projects, plans, or protection services relating to the national security.

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. 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 unless the original classification authority otherwise determines that the sensitivity of the information requires that it shall be marked for declassification 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.

(c) An original classification authority may extend the duration of
classification, change the level of classification, or reclassify specific information for successive periods
not to exceed 10 years at a time if such action is consistent with only when the
standards and procedures for classifying information established under this order are followed. An original classification authority may extend the duration of classification for information contained in non-permanent records beyond 25 years in accordance with the standards and procedures for classifying information under this order, but, except for information that identifies a confidential human source or a human intelligence source, shall identify a specific date or event for declassification of the information. 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.

(d) 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. 1.6. 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); or

(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 25 years from the date of original classification, as prescribed in section 1.5(b); and

(5) a concise reason for classification
which, at a minimum, cites the applicable
classification categories in section 1.4 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, 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.

(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 will 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 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 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 reclassification of the information or documents is necessary in the interest of the national security;

(2) the information or documents 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. 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 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), 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 5.3 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 assure 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 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 Information Records. (a) In the case of classified information 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 information records that is are 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 records shall
be deemed to be the originating agency for purposes of this order.
Such information 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 information records.

(c) Classified information 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
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 records 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
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 records being
transferred to the Archivist pursuant to section 2203 of title 44,
United States Code, or information records 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 section 3.3 of this order.

Sec. 3.3. Automatic Declassification. (a) Subject to paragraph
(b)-(e), below, within 5 years from the date of this order, on December 31, 2006 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 on December 31 of the year that is 25 years from the date of its original
classification, except as provided in paragraph (b)-(e), below. For records otherwise subject to this paragraph for which a review or assessment conducted by the agency and confirmed by the Information Security Oversight Office has determined that they: (1) contain information that was created by or is under the control of more than one agency, or (2) are within file series containing information that almost invariably pertains to intelligence sources or methods, all classified
information in such records shall be automatically declassified, whether or not the records have been reviewed, within 8 years from the date of this order, except as provided in paragraph (b), below. For records that contain information that becomes subject to automatic declassification after the dates otherwise established in this paragraph, all classified information in such records shall be automatically declassified, whether or not the records have been reviewed on December 31 of the year that
is 25 years from the origin of the information, 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 a human intelligence 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, 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 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 reveal current vulnerabilities of systems, installations, infrastructures, or projects relating to the national security; 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, 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), 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) The following provisions shall apply to the onset of automatic declassification:

(1) Classified records within an integral file block, as defined below, 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 five 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 three years for classified records that have been referred or transferred to that agency by another agency less than three 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 three years from the date of discovery of classified records that were inadvertently not reviewed prior to the effective date of automatic declassification.

(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.

(h) Records containing information the disclosure of which would affect other agencies' equities shall be referred for review to those agencies and the information of concern shall only be subject to automatic declassification 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 historically
valuable records exempted from automatic declassification under section
3.3 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 of the shall conduct a systematic
declassification review program for classified information records: (1)
accessioned into the National Archives as of the effective date of this
order; (2) information records transferred to the Archivist pursuant to section
2203 of title 44, United States Code; and (3) information records for which the
National Archives and Records Administration serves as the custodian of the records of 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
recommendations of the Information Security Policy Advisory 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. 3.5. 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 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 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. 3.6. 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 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. 3.7. 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.

(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. 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) Every person who has met the standards for access to classified information in paragraph (a), above, shall receive contemporaneous training on the proper safeguarding of classified information and of 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 agency's 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 assure 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
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 or by this order, or its implementing directives issued pursuant to
this order, classified information originating in one agency may not 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 information to assure that
it is distributed only to organizations or individuals eligible for
access who also have 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 a designee(s) 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 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 5.4(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 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 4.1(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; 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. Program Direction. (a) The Director of the Information Security Oversight Office, under the direction of
the Archivist of the United States and 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 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 of the United States 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. 5.2. Information Security Oversight Office. (a) There is
established within the National Archives and Records Administration an Information
Security Oversight Office. The Archivist of the United States shall appoint the Director of the Information Security Oversight
Office, subject to the approval of the President.

(b) Under the direction of the Archivist of the United States, 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 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
("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
Panel's 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 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.

(f) Notwithstanding paragraphs (a) through (e) above, whenever the Panel decides to declassify information owned or

Posted Tue 03/25/2003

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COMMENTS