[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Presidential Documents]
[Pages 15313-15334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7736]



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Part III





The President





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Executive Order 13292--Further Amendment to Executive Order 12958, as 
Amended, Classified National Security Information


                        Presidential Documents 



Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 15315]]

                Executive Order 13292 of March 25, 2003

                
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 
                Nation's 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 Nation's 
                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 classification 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

[[Page 15316]]

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 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.

[[Page 15317]]

                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 
                protection 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 classification 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 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);

(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 of this order.

[[Page 15318]]

                    (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 
reclassification 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

[[Page 15319]]

                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.

[[Page 15320]]

                    (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

[[Page 15321]]

                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;

[[Page 15322]]

(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

[[Page 15323]]

                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 requester's appeal 
rights.

                    (b) Information originated by:

(1) the incumbent President or, in the performance of executive duties, the 
incumbent Vice President;

(2) the incumbent President's White House Staff or, in the performance of 
executive duties, the incumbent Vice President's 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 Archivist's 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

[[Page 15324]]

                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 association 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 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) 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 
                agency's control.

[[Page 15325]]

                    (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 
                information 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.

[[Page 15326]]

                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 agency's 
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

[[Page 15327]]

(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 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.

[[Page 15328]]

                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 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. 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

[[Page 15329]]

                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 Director's 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 agency's program established under this order, provided, 
an agency head may designate a separate official to oversee special access 
programs authorized under this order. This official shall provide a full 
accounting of the agency's special access programs at least annually;

(2) promulgating implementing regulations, which shall be published in the 
Federal Register to the extent that they affect members of the public;

(3) establishing and maintaining security education and training programs;

(4) establishing and maintaining an ongoing self-inspection program, which 
shall include the periodic review and assessment of the agency's classified 
product;

(5) establishing procedures to prevent unnecessary access to classified 
information, including procedures that:

(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

[[Page 15330]]

                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

[[Page 15331]]

                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 originator's current successor in function;

(3) a supervisory official of either; or

(4) officials delegated declassification authority in writing by the agency 
head or the senior agency official.

                    (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 information 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

[[Page 15332]]

                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 agency's 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

[[Page 15333]]

                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 agency's 
                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.

[[Page 15334]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    March 25, 2003.

[FR Doc. 03-7736
Filed 3-27-03; 9:17 am]
Billing code 3195-01-P