[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Presidential Documents]
[Pages 707-731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31418]



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Part VII





The President





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Executive Order 13526--Classified National Security Information



Memorandum of December 29, 2009--Implementation of the Executive Order 
``Classified National Security Information''



Order of December 29, 2009--Original Classification Authority
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                         Presidential Documents 
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  Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13526 of December 29, 2009

                
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 both within the Government and to the 
                American people. 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 and demonstrating our commitment to 
                open Government through accurate and accountable 
                application of classification standards and routine, 
                secure, and effective declassification are equally 
                important priorities.

                NOW, THEREFORE, I, BARACK OBAMA, 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

                Section 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) If there is significant doubt about the need to 
                classify information, it shall not be classified. This 
                provision does not:

(1) amplify or modify the substantive criteria or procedures for 
classification; or

(2) create any substantive or procedural rights subject to judicial review.

                    (c) Classified information shall not be 
                declassified automatically as a result of any 
                unauthorized disclosure of identical or similar 
                information.
                    (d) 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 708]]

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 and the Vice President;

(2) agency heads and officials designated by the President; 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, 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, the Vice President, an agency head or 
official designated pursuant to paragraph (a)(2) of this section, or the 
senior agency official designated under 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.

(5) Delegations of original classification authority shall be reported or 
made available by name or position to the Director of the Information 
Security Oversight Office.

                    (d) All original classification authorities must 
                receive training in proper classification (including 
                the avoidance of over-classification) and 
                declassification as provided in this order and its 
                implementing directives at least once a calendar year. 
                Such training must include instruction on the proper 
                safeguarding of classified information and on the 
                sanctions in section 5.5 of this order that may be 
                brought against an individual who fails to classify 
                information properly or protect classified information 
                from unauthorized disclosure. Original classification 
                authorities who do not receive such mandatory training 
                at least once within a calendar year shall have their 
                classification authority suspended by the agency head 
                or the senior agency official designated under section 
                5.4(d) of this order until such training has taken 
                place. A waiver may be granted by the agency head, the 
                deputy agency head, or the senior agency official if an 
                individual is unable to receive such training due to 
                unavoidable circumstances. Whenever a waiver is 
                granted, the individual shall receive such training as 
                soon as practicable.
                    (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

[[Page 709]]

                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.

                Sec. 1.4. Classification Categories. Information shall 
                not be considered for classification unless its 
                unauthorized disclosure could reasonably be expected to 
                cause identifiable or describable damage to the 
                national security in accordance with section 1.2 of 
                this order, and it pertains to one or more of the 
                following:

                    (a) military plans, weapons systems, or operations;
                    (b) foreign government information;
                    (c) intelligence activities (including covert 
                action), 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;
                    (g) vulnerabilities or capabilities of systems, 
                installations, infrastructures, projects, plans, or 
                protection services relating to the national security; 
                or (h) the development, production, or use of weapons 
                of mass destruction.

                Sec. 1.5. Duration of Classification. (a) At the time 
                of original classification, the original classification 
                authority shall establish a specific date or event for 
                declassification based on the duration of the national 
                security sensitivity of the information. Upon reaching 
                the date or event, the information shall be 
                automatically declassified. Except for information that 
                should clearly and demonstrably be expected to reveal 
                the identity of a confidential human source or a human 
                intelligence source or key design concepts of weapons 
                of mass destruction, 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 be marked for 
                declassification for up to 25 years from the date of 
                the original decision.
                    (c) An original classification authority may extend 
                the duration of classification up to 25 years from the 
                date of origin of the document, change the level of 
                classification, or reclassify specific information only 
                when the standards and procedures for classifying 
                information under this order are followed.
                    (d) No information may remain classified 
                indefinitely. Information marked for an indefinite 
                duration of classification under predecessor orders, 
                for example, marked as ``Originating Agency's 
                Determination Required,'' or classified information 
                that contains incomplete declassification instructions 
                or lacks 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 be 
                indicated in a manner that is immediately apparent:

(1) one of the three classification levels defined in section 1.2 of this 
order;

(2) the identity, by name and position, or by personal identifier, 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:

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  (A) the date or event for declassification, as prescribed in section 
1.5(a);

  (B) the date that is 10 years from the date of original classification, 
as prescribed in section 1.5(b);

  (C) the date that is up to 25 years from the date of original 
classification, as prescribed in section 1.5(b); or

  (D) in the case of information that should clearly and demonstrably be 
expected to reveal the identity of a confidential human source or a human 
intelligence source or key design concepts of weapons of mass destruction, 
the marking prescribed in implementing directives issued pursuant to this 
order; and

(5) a concise reason for classification that, at a minimum, cites the 
applicable classification categories in section 1.4 of this order.

                    (b) Specific information required 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 and revoke temporary waivers of this 
                requirement. The Director shall revoke any waiver upon 
                a finding of abuse.
                    (d) Markings or other indicia 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 or prepare a product 
                to allow for dissemination at the lowest level of 
                classification possible or in unclassified form.
                    (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, 
                continue to be maintained as classified, or fail to be 
                declassified 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 not be reclassified after 
                declassification and release to the public under proper 
                authority unless:

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(1) the reclassification is personally approved in writing by the agency 
head based on a document-by-document determination by the agency that 
reclassification is required to prevent significant and demonstrable damage 
to the national security;

(2) the information may be reasonably recovered without bringing undue 
attention to the information;

(3) the reclassification action is reported promptly to the Assistant to 
the President for National Security Affairs (National Security Advisor) and 
the Director of the Information Security Oversight Office; and

(4) for documents in the physical and legal custody of the National 
Archives and Records Administration (National Archives) that have been 
available for public use, the agency head has, after making the 
determinations required by this paragraph, notified the Archivist of the 
United States (Archivist), who shall suspend public access pending approval 
of the reclassification action by the Director of the Information Security 
Oversight Office. Any such decision by the Director may be appealed by the 
agency head to the President through the National Security Advisor. Public 
access shall remain suspended pending a prompt decision on the appeal.

                    (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), the Presidential Records Act, 44 U.S.C. 
                2204(c)(1), 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. 
                The requirements in this paragraph also apply to those 
                situations in which information has been declassified 
                in accordance with a specific date or event determined 
                by an original classification authority in accordance 
                with section 1.5 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.

                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, including authorized 
                holders outside the classifying agency, 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.

                    (c) Documents required to be submitted for 
                prepublication review or other administrative process 
                pursuant to an approved nondisclosure agreement are not 
                covered by this section.

[[Page 712]]

                Sec. 1.9. Fundamental Classification Guidance Review. 
                (a) Agency heads shall complete on a periodic basis a 
                comprehensive review of the agency's classification 
                guidance, particularly classification guides, to ensure 
                the guidance reflects current circumstances and to 
                identify classified information that no longer requires 
                protection and can be declassified. The initial 
                fundamental classification guidance review shall be 
                completed within 2 years of the effective date of this 
                order.

                    (b) The classification guidance review shall 
                include an evaluation of classified information to 
                determine if it meets the standards for classification 
                under section 1.4 of this order, taking into account an 
                up-to-date assessment of likely damage as described 
                under section 1.2 of this order.
                    (c) The classification guidance review shall 
                include original classification authorities and agency 
                subject matter experts to ensure a broad range of 
                perspectives.
                    (d) Agency heads shall provide a report summarizing 
                the results of the classification guidance review to 
                the Director of the Information Security Oversight 
                Office and shall release an unclassified version of 
                this report to the public.

                PART 2--DERIVATIVE CLASSIFICATION

                Sec. 2.1. Use of Derivative Classification. (a) Persons 
                who reproduce, extract, or summarize classified 
                information, or who 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) be identified by name and position, or by personal identifier, in a 
manner that is immediately apparent for each derivative classification 
action;

(2) observe and respect original classification decisions; and

(3) 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, or the marking 
established pursuant to section 1.6(a)(4)(D) of this order; and

  (B) a listing of the source materials.

                    (c) Derivative classifiers shall, whenever 
                practicable, use a classified addendum whenever 
                classified information constitutes a small portion of 
                an otherwise unclassified document or prepare a product 
                to allow for dissemination at the lowest level of 
                classification possible or in unclassified form.
                    (d) Persons who apply derivative classification 
                markings shall receive training in the proper 
                application of the derivative classification principles 
                of the order, with an emphasis on avoiding over-
                classification, at least once every 2 years. Derivative 
                classifiers who do not receive such training at least 
                once every 2 years shall have their authority to apply 
                derivative classification markings suspended until they 
                have received such training. A waiver may be granted by 
                the agency head, the deputy agency head, or the senior 
                agency official if an individual is unable to receive 
                such training due to unavoidable circumstances. 
                Whenever a waiver is granted, the individual shall 
                receive such training as soon as practicable.

                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

[[Page 713]]

(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.
                    (d) Agencies shall incorporate original 
                classification decisions into classification guides on 
                a timely basis and in accordance with directives issued 
                under this order.
                    (e) Agencies may incorporate exemptions from 
                automatic declassification approved pursuant to section 
                3.3(j) of this order into classification guides, 
                provided that the Panel is notified of the intent to 
                take such action for specific information in advance of 
                approval and the information remains in active use.
                    (f) The duration of classification of a document 
                classified by a derivative classifier using a 
                classification guide shall not exceed 25 years from the 
                date of the origin of the document, except for:

(1) information that should clearly and demonstrably be expected to reveal 
the identity of a confidential human source or a human intelligence source 
or key design concepts of weapons of mass destruction; and

(2) specific information incorporated into classification guides in 
accordance with section 2.2(e) of 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) Information shall be declassified or downgraded 
                by:

(1) the official who authorized the original classification, if that 
official is still serving in the same position and has original 
classification authority;

(2) the originator's current successor in function, if that individual has 
original classification authority;

(3) a supervisory official of either the originator or his or her successor 
in function, if the supervisory official has original classification 
authority; or (4) officials delegated declassification authority in writing 
by the agency head or the senior agency official of the originating agency.

                    (c) The Director of National Intelligence (or, if 
                delegated by the Director of National Intelligence, the 
                Principal Deputy Director of National Intelligence) 
                may, with respect to the Intelligence Community, after 
                consultation with the head of the originating 
                Intelligence Community element or department, 
                declassify, downgrade, or direct the declassification 
                or downgrading of information or intelligence relating 
                to intelligence sources, methods, or activities.
                    (d) 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.

                    (e) 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 National Security Advisor. The 
                information shall remain classified pending a prompt 
                decision on the appeal.

[[Page 714]]

                    (f) 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.
                    (g) No information may be excluded from 
                declassification under section 3.3 of this order based 
                solely on the type of document or record in which it is 
                found. Rather, the classified information must be 
                considered on the basis of its content.
                    (h) Classified nonrecord materials, including 
                artifacts, shall be declassified as soon as they no 
                longer meet the standards for classification under this 
                order.
                    (i) When making decisions under sections 3.3, 3.4, 
                and 3.5 of this order, agencies shall consider the 
                final decisions of the Panel.

                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 of the records 
                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 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 
                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 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)-(d) and (g)-(j) of 
                this section, 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. All 
                classified records shall be automatically declassified 
                on December 31 of the year that is 25 years from the 
                date of origin, except as provided in paragraphs (b)-
                (d) and (g)-(j) of this section. If the date of origin 
                of an individual record cannot be readily determined, 
                the date of original classification shall be used 
                instead.
                    (b) An agency head may exempt from automatic 
                declassification under paragraph (a) of this section 
                specific information, the release of which should 
                clearly and demonstrably be expected to:

(1) reveal the identity of a confidential human source, a human 
intelligence source, a relationship with an intelligence or security 
service of a foreign

[[Page 715]]

government or international organization, or a nonhuman intelligence 
source; or impair the effectiveness of an intelligence method currently in 
use, available for use, or under development;

(2) reveal information that would assist in the development, production, 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 formally named or numbered U.S. military war plans that remain 
in effect, or reveal operational or tactical elements of prior plans that 
are contained in such active plans;

(6) reveal information, including foreign government information, that 
would cause serious harm to relations between the United States and a 
foreign government, or to ongoing diplomatic activities of the United 
States;

(7) reveal information that would 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 impair current national 
security emergency preparedness plans or reveal current vulnerabilities of 
systems, installations, or infrastructures relating to the national 
security; or

(9) violate a statute, treaty, or international agreement that does not 
permit the automatic or unilateral declassification of information at 25 
years.

                    (c)(1) An agency head shall notify the Panel 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 that the agency proposes to 
                exempt from automatic declassification at 25 years.

(2) The notification shall include:

  (A) a description of the file series;

  (B) 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

  (C) except when the information within the file series almost invariably 
identifies a confidential human source or a human intelligence source or 
key design concepts of weapons of mass destruction, a specific date or 
event for declassification of the information, not to exceed December 31 of 
the year that is 50 years from the date of origin of the records.

(3) The Panel may direct the agency not to exempt a designated file series 
or to declassify the information within that series at an earlier date than 
recommended. The agency head may appeal such a decision to the President 
through the National Security Advisor.

(4) File series exemptions approved by the President prior to December 31, 
2008, shall remain valid without any additional agency action pending Panel 
review by the later of December 31, 2010, or December 31 of the year that 
is 10 years from the date of previous approval.

                    (d) 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.

[[Page 716]]

(2) After consultation with the Director of the National Declassification 
Center (the Center) established by section 3.7 of this order and before the 
records are subject to automatic declassification, an agency head or senior 
agency official may delay automatic declassification for up to five 
additional years for classified information contained in media that make a 
review for possible declassification exemptions more difficult or costly.

(3) Other than for records that are properly exempted from automatic 
declassification, records containing classified information that originated 
with other agencies or the disclosure of which would affect the interests 
or activities of other agencies with respect to the classified information 
and could reasonably be expected to fall under one or more of the 
exemptions in paragraph (b) of this section shall be identified prior to 
the onset of automatic declassification for later referral to those 
agencies.

  (A) The information of concern shall be referred by the Center 
established by section 3.7 of this order, or by the centralized facilities 
referred to in section 3.7(e) of this order, in a prioritized and scheduled 
manner determined by the Center.

  (B) If an agency fails to provide a final determination on a referral 
made by the Center within 1 year of referral, or by the centralized 
facilities referred to in section 3.7(e) of this order within 3 years of 
referral, its equities in the referred records shall be automatically 
declassified.

  (C) If any disagreement arises between affected agencies and the Center 
regarding the referral review period, the Director of the Information 
Security Oversight Office shall determine the appropriate period of review 
of referred records.

  (D) Referrals identified prior to the establishment of the Center by 
section 3.7 of this order shall be subject to automatic declassification 
only in accordance with subparagraphs (d)(3)(A)-(C) of this section.

(4) After consultation with the Director of the Information Security 
Oversight Office, an agency head 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.

                    (e) Information exempted from automatic 
                declassification under this section shall remain 
                subject to the mandatory and systematic 
                declassification review provisions of this order.
                    (f) 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.
                    (g) The Secretary of Energy shall determine when 
                information concerning foreign nuclear programs that 
                was removed from the Restricted Data category in order 
                to carry out provisions of the National Security Act of 
                1947, as amended, may be declassified. Unless otherwise 
                determined, such information shall be declassified when 
                comparable information concerning the United States 
                nuclear program is declassified.
                    (h) Not later than 3 years from the effective date 
                of this order, all records exempted from automatic 
                declassification under paragraphs (b) and (c) of this 
                section shall be automatically declassified on December 
                31 of a year that is no more than 50 years from the 
                date of origin, subject to the following:

(1) Records that contain information the release of which should clearly 
and demonstrably be expected to reveal the following are exempt from 
automatic declassification at 50 years:

[[Page 717]]

  (A) the identity of a confidential human source or a human intelligence 
source; or

  (B) key design concepts of weapons of mass destruction.

(2) In extraordinary cases, agency heads may, within 5 years of the onset 
of automatic declassification, propose to exempt additional specific 
information from declassification at 50 years.

(3) Records exempted from automatic declassification under this paragraph 
shall be automatically declassified on December 31 of a year that is no 
more than 75 years from the date of origin unless an agency head, within 5 
years of that date, proposes to exempt specific information from 
declassification at 75 years and the proposal is formally approved by the 
Panel.

                    (i) Specific records exempted from automatic 
                declassification prior to the establishment of the 
                Center described in section 3.7 of this order shall be 
                subject to the provisions of paragraph (h) of this 
                section in a scheduled and prioritized manner 
                determined by the Center.
                    (j) At least 1 year before information is subject 
                to automatic declassification 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 that the agency proposes to exempt 
                from automatic declassification under paragraphs (b) 
                and (h) of this section.

(1) The notification shall include:

  (A) a detailed description of the information, either by reference to 
information in specific records or in the form of a declassification guide;

  (B) an explanation of why the information should be exempt from automatic 
declassification and must remain classified for a longer period of time; 
and

  (C) a specific date or a specific and independently verifiable event for 
automatic declassification of specific records that contain the information 
proposed for exemption.

(2) The Panel may direct the agency not to exempt the information or to 
declassify it at an earlier date than recommended. An agency head may 
appeal such a decision to the President through the National Security 
Advisor. The information will remain classified while such an appeal is 
pending.

                    (k) For information in a file series of records 
                determined not to have permanent historical value, the 
                duration of classification beyond 25 years shall be the 
                same as the disposition (destruction) date of those 
                records in each Agency Records Control Schedule or 
                General Records Schedule, although the duration of 
                classification shall be extended if the record has been 
                retained for business reasons beyond the scheduled 
                disposition date.

                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 for records of permanent 
                historical value exempted from automatic 
                declassification under section 3.3 of this order. 
                Agencies shall prioritize their review of such records 
                in accordance with priorities established by the 
                Center.
                    (b) The Archivist shall conduct a systematic 
                declassification review program for classified records:

(1) accessioned into the National Archives; (2) transferred to the 
Archivist pursuant to 44 U.S.C. 2203; and (3) for which the National 
Archives serves as the custodian for an agency or organization that has 
gone out of existence.

                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:

[[Page 718]]

(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 document or material containing the information responsive to the 
request is not contained within an operational file exempted from search 
and review, publication, and disclosure under 5 U.S.C. 552 in accordance 
with law; and

(3) the information is not the subject of pending litigation.

                    (b) Information originated by the incumbent 
                President or the incumbent Vice President; the 
                incumbent President's White House Staff or the 
                incumbent Vice President's Staff; committees, 
                commissions, or boards appointed by the incumbent 
                President; or 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 and Vice Presidents under the control of the 
                Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, 
                or 2203. 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 under 
                this order. They shall release this information unless 
                withholding is otherwise authorized and warranted under 
                applicable law.
                    (d) If an agency has reviewed the requested 
                information for declassification within the past 2 
                years, the agency need not conduct another review and 
                may instead inform the requester of this fact and the 
                prior review decision and advise the requester of 
                appeal rights provided under subsection (e) of this 
                section.
                    (e) 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.
                    (f) After consultation with affected agencies, the 
                Secretary of Defense shall develop special procedures 
                for the review of cryptologic information; the Director 
                of National Intelligence shall develop special 
                procedures for the review of information pertaining to 
                intelligence sources, methods, and activities; and the 
                Archivist shall develop special procedures for the 
                review of information accessioned into the National 
                Archives.
                    (g) Documents required to be submitted for 
                prepublication review or other administrative process 
                pursuant to an approved nondisclosure agreement are not 
                covered by this section.
                    (h) This section shall not apply to any request for 
                a review made to an element of the Intelligence 
                Community that is made by a person other than an 
                individual as that term is defined by 5 U.S.C. 
                552a(a)(2), or by a foreign government entity or any 
                representative thereof.

                Sec. 3.6. Processing Requests and Reviews. 
                Notwithstanding section 4.1(i) of this order, in 
                response to a request for information under the Freedom 
                of Information Act, the Presidential Records Act, the 
                Privacy Act of 1974, or the mandatory review provisions 
                of this order:

[[Page 719]]

                    (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 classified 
                information that originated with other agencies or the 
                disclosure of which would affect the interests or 
                activities of other agencies with respect to the 
                classified information, or identifies such documents in 
                the process of implementing sections 3.3 or 3.4 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.
                    (c) Agencies may extend the classification of 
                information in records determined not to have permanent 
                historical value or nonrecord materials, including 
                artifacts, beyond the time frames established in 
                sections 1.5(b) and 2.2(f) of this order, provided:

(1) the specific information has been approved pursuant to section 3.3(j) 
of this order for exemption from automatic declassification; and

(2) the extension does not exceed the date established in section 3.3(j) of 
this order.

                Sec. 3.7. National Declassification Center. (a) There 
                is established within the National Archives a National 
                Declassification Center to streamline declassification 
                processes, facilitate quality-assurance measures, and 
                implement standardized training regarding the 
                declassification of records determined to have 
                permanent historical value. There shall be a Director 
                of the Center who shall be appointed or removed by the 
                Archivist in consultation with the Secretaries of 
                State, Defense, Energy, and Homeland Security, the 
                Attorney General, and the Director of National 
                Intelligence.

                    (b) Under the administration of the Director, the 
                Center shall coordinate:

(1) timely and appropriate processing of referrals in accordance with 
section 3.3(d)(3) of this order for accessioned Federal records and 
transferred presidential records.

(2) general interagency declassification activities necessary to fulfill 
the requirements of sections 3.3 and 3.4 of this order;

(3) the exchange among agencies of detailed declassification guidance to 
enable the referral of records in accordance with section 3.3(d)(3) of this 
order;

(4) the development of effective, transparent, and standard 
declassification work processes, training, and quality assurance measures;

(5) the development of solutions to declassification challenges posed by 
electronic records, special media, and emerging technologies;

(6) the linkage and effective utilization of existing agency databases and 
the use of new technologies to document and make public declassification 
review decisions and support declassification activities under the purview 
of the Center; and

(7) storage and related services, on a reimbursable basis, for Federal 
records containing classified national security information.

                    (c) Agency heads shall fully cooperate with the 
                Archivist in the activities of the Center and shall:

(1) provide the Director with adequate and current declassification 
guidance to enable the referral of records in accordance with section 
3.3(d)(3) of this order; and

(2) upon request of the Archivist, assign agency personnel to the Center 
who shall be delegated authority by the agency head to review and exempt

[[Page 720]]

or declassify information originated by their agency contained in records 
accessioned into the National Archives, after consultation with subject-
matter experts as necessary.

                    (d) The Archivist, in consultation with 
                representatives of the participants in the Center and 
                after input from the general public, shall develop 
                priorities for declassification activities under the 
                purview of the Center that take into account the degree 
                of researcher interest and the likelihood of 
                declassification.
                    (e) Agency heads may establish such centralized 
                facilities and internal operations to conduct internal 
                declassification reviews as appropriate to achieve 
                optimized records management and declassification 
                business processes. Once established, all referral 
                processing of accessioned records shall take place at 
                the Center, and such agency facilities and operations 
                shall be coordinated with the Center to ensure the 
                maximum degree of consistency in policies and 
                procedures that relate to records determined to have 
                permanent historical value.
                    (f) Agency heads may exempt from automatic 
                declassification or continue the classification of 
                their own originally classified information under 
                section 3.3(a) of this order except that in the case of 
                the Director of National Intelligence, the Director 
                shall also retain such authority with respect to the 
                Intelligence Community.
                    (g) The Archivist shall, in consultation with the 
                Secretaries of State, Defense, Energy, and Homeland 
                Security, the Attorney General, the Director of 
                National Intelligence, the Director of the Central 
                Intelligence Agency, and the Director of the 
                Information Security Oversight Office, provide the 
                National Security Advisor with a detailed concept of 
                operations for the Center and a proposed implementing 
                directive under section 5.1 of this order that reflects 
                the coordinated views of the aforementioned agencies.

                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) An official or employee leaving agency service 
                may not remove classified information from the agency's 
                control or direct that information be declassified in 
                order to remove it from agency control.
                    (d) Classified information may not be removed from 
                official premises without proper authorization.
                    (e) Persons authorized to disseminate classified 
                information outside the executive branch shall ensure 
                the protection of the information in a manner 
                equivalent to that provided within the executive 
                branch.
                    (f) Consistent with law, executive orders, 
                directives, and regulations, an agency head or senior 
                agency official or, with respect to the Intelligence 
                Community, the Director of National Intelligence, 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:

(1) prevent access by unauthorized persons;

(2) ensure the integrity of the information; and

[[Page 721]]

(3) to the maximum extent practicable, use:

  (A) common information technology standards, protocols, and interfaces 
that maximize the availability of, and access to, the information in a form 
and manner that facilitates its authorized use; and

  (B) standardized electronic formats to maximize the accessibility of 
information to persons who meet the criteria set forth in section 4.1(a) of 
this order.

                    (g) Consistent with law, executive orders, 
                directives, and regulations, each agency head or senior 
                agency official, or with respect to the Intelligence 
                Community, the Director of National Intelligence, 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 U.S. 
                ``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)(1) Classified information originating in one 
                agency may be disseminated to another agency or U.S. 
                entity by any agency to which it has been made 
                available without the consent of the originating 
                agency, as long as the criteria for access under 
                section 4.1(a) of this order are met, unless the 
                originating agency has determined that prior 
                authorization is required for such dissemination and 
                has marked or indicated such requirement on the medium 
                containing the classified information in accordance 
                with implementing directives issued pursuant to this 
                order.

(2) Classified information originating in one agency may be disseminated by 
any other agency to which it has been made available to a foreign 
government in accordance with statute, this order, directives implementing 
this order, direction of the President, or with the consent of the 
originating agency. For the purposes of this section, ``foreign 
government'' includes any element of a foreign government, or an 
international organization of governments, or any element thereof.

(3) Documents created prior to the effective date of this order shall not 
be disseminated outside any other agency to which they have been made 
available without the consent of the originating agency. An agency head or 
senior agency official may waive this requirement for specific information 
that originated within that agency.

(4) For purposes of this section, the Department of Defense shall be 
considered one agency, except that any dissemination of information 
regarding intelligence sources, methods, or activities shall be consistent 
with directives issued pursuant tosection 6.2(b) of this order.

(5) Prior consent of the originating agency is not required when referring 
records for declassification review that contain information originating in 
more than one agency.

                Sec. 4.2  Distribution Controls.

                    (a) The head of each agency shall establish 
                procedures in accordance with applicable law and 
                consistent with directives issued pursuant to this 
                order to ensure that classified information is 
                accessible to the maximum extent possible by 
                individuals who meet the criteria set forth in section 
                4.1(a) of this order.
                    (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

[[Page 722]]

                may authorize the disclosure of classified information 
                (including information marked pursuant to section 
                4.1(i)(1) of this order) to an individual or 
                individuals who are otherwise not eligible for access. 
                Such actions shall be taken only in accordance with 
                directives implementing this order and any procedure 
                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 National 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 
                mechanism for classified information that it 
                distributes. 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, 
                Energy, and Homeland Security, the Attorney General, 
                and the Director of National Intelligence, or the 
                principal deputy of each, may create a special access 
                program. For special access programs pertaining to 
                intelligence sources, methods, and activities (but not 
                including military operational, strategic, and tactical 
                programs), this function shall be exercised by the 
                Director of National 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 ordinarily will have access 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 of the Information Security 
Oversight Office 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 National Security Advisor, 
or a designee, on any or all of the agency's special access programs.

(6) For the purposes of this section, the term ``agency head'' refers only 
to the Secretaries of State, Defense, Energy, and Homeland Security, the

[[Page 723]]

Attorney General, and the Director of National Intelligence, or the 
principal deputy of each.

                    (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 senior policy-making positions to which they 
were appointed or designated by the President or the Vice President; or

(3) served as President or Vice President.

                    (b) Waivers under this section may be granted only 
                if the agency head or senior agency official of the 
                originating agency:

(1) determines in writing that access is consistent with the interest of 
the national security;

(2) takes appropriate steps to protect classified information from 
unauthorized disclosure or compromise, and ensures that the information is 
safeguarded in a manner consistent with this order; and

(3) limits the access granted to former Presidential appointees or 
designees and Vice Presidential appointees or designees to items that the 
person originated, reviewed, signed, or received while serving as a 
Presidential or Vice Presidential appointee or designee.

                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 
                National Security Advisor, shall issue such directives 
                as are necessary to implement this order. These 
                directives shall be binding on the agencies. Directives 
                issued by the Director of the Information Security 
                Oversight Office shall establish standards for:

                    (1) classification, declassification, 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.
                    (c) The Director of National Intelligence, after 
                consultation with the heads of affected agencies and 
                the Director of the Information Security Oversight 
                Office, may issue directives to implement this order 
                with respect to the protection of intelligence sources, 
                methods, and activities. Such directives shall be 
                consistent with this order and directives issued under 
                paragraph (a) of this section.

                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 National Security Advisor, the 
                Director of the Information Security Oversight Office 
                shall:

(1) develop directives for the implementation of this order;

[[Page 724]]

(2) oversee agency actions to ensure compliance with this order and its 
implementing directives;

(3) review and approve agency implementing regulations prior to their 
issuance to ensure their consistency with this order and directives issued 
under section 5.1(a) of this order;

(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 
and 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 National Security Advisor 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 National Security 
Advisor;

(6) consider and take action on complaints and suggestions from persons 
within or outside the Government with respect to the administration of the 
program established under this order;

(7) have the authority to prescribe, after consultation with affected 
agencies, standardization of forms or procedures that will promote the 
implementation of the program established under this order;

(8) report at least annually to the President on the implementation of this 
order; and

(9) convene and chair interagency meetings to discuss matters pertaining to 
the program established by this order.

                Sec. 5.3. Interagency Security Classification Appeals 
                Panel.

                    (a) Establishment and administration.

(1) There is established an Interagency Security Classification Appeals 
Panel. The Departments of State, Defense, and Justice, the National 
Archives, the Office of the Director of National Intelligence, and the 
National Security Advisor 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 designate a Chair from among the members 
of the Panel.

(2) Additionally, the Director of the Central Intelligence Agency may 
appoint a temporary representative who meets the criteria in paragraph 
(a)(1) of this section to participate as a voting member in all Panel 
deliberations and associated support activities concerning classified 
information originated by the Central Intelligence Agency.

(3) A vacancy on the Panel shall be filled as quickly as possible as 
provided in paragraph (a)(1) of this section.

(4) The Director of the Information Security Oversight Office shall serve 
as the Executive Secretary of the Panel. The staff of the Information 
Security Oversight Office shall provide program and administrative support 
for the Panel.

(5) The members and staff of the Panel shall be required to meet 
eligibility for access standards in order to fulfill the Panel's functions.

(6) 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.

(7) The Information Security Oversight Office shall include in its reports 
to the President a summary of the Panel's activities.

[[Page 725]]

                    (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;

(3) decide on appeals by persons or entities who have filed requests for 
mandatory declassification review under section 3.5 of this order; and

(4) appropriately inform senior agency officials and the public of final 
Panel decisions on appeals under sections 1.8 and 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. The Panel shall report to 
                the President through the National Security Advisor 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) An agency head may appeal a decision of the 
                Panel to the President through the National Security 
                Advisor. The information shall remain classified 
                pending a decision on the appeal.

                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 appropriate sharing and 
                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 regular reviews of representative samples of the agency's

[[Page 726]]

original and derivative classification actions, and shall authorize 
appropriate agency officials to correct misclassification actions not 
covered by sections 1.7(c) and 1.7(d) of this order; and reporting annually 
to the Director of the Information Security Oversight Office on the 
agency's self-inspection program;

(5) establishing procedures consistent with directives issued pursuant to 
this order to prevent unnecessary access to classified information, 
including procedures that:

  (A) require that a need for access to classified information be 
established before initiating administrative clearance procedures; and

  (B) ensure that the number of persons granted access to classified 
information meets the mission needs of the agency while also satisfying 
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 designation and 
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, including personnel who regularly 
apply derivative classification markings;

(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;

(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; and

(10) establishing a secure capability to receive information, allegations, 
or complaints regarding over-classification or incorrect classification 
within the agency and to provide guidance to personnel on proper 
classification as needed.

                Sec. 5.5. Sanctions. (a) If the Director of the 
                Information Security Oversight Office finds that a 
                violation of this order or its implementing directives 
                has occurred, the Director shall make a report to the 
                head of the agency or to the senior agency official so 
                that corrective steps, if appropriate, may be taken.

                    (b) Officers and employees of the United States 
                Government, and its contractors, licensees, certificate 
                holders, and grantees shall be subject to appropriate 
                sanctions if they knowingly, willfully, or negligently:

(1) disclose to unauthorized persons information properly classified under 
this order or predecessor orders;

(2) classify or continue the classification of information in violation of 
this order or any implementing directive;

(3) create or continue a special access program contrary to the 
requirements of this order; or

(4) contravene any other provision of this order or its implementing 
directives.

                    (c) Sanctions may include reprimand, suspension 
                without pay, removal, termination of classification 
                authority, loss or denial of access to classified 
                information, or other sanctions in accordance with 
                applicable law and agency regulation.

[[Page 727]]

                    (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) ``Authorized holder'' of classified information 
                means anyone who satisfies the conditions for access 
                stated in section 4.1(a) of this order.
                    (d) ``Automated information system'' means an 
                assembly of computer hardware, software, or firmware 
                configured to collect, create, communicate, compute, 
                disseminate, process, store, or control data or 
                information.
                    (e) ``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.

                    (f) ``Classification'' means the act or process by 
                which information is determined to be classified 
                information.
                    (g) ``Classification guidance'' means any 
                instruction or source that prescribes the 
                classification of specific information.
                    (h) ``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.
                    (i) ``Classified national security information'' or 
                ``classified information'' means information that has 
                been determined pursuant to this order or any 
                predecessor order to require protection against 
                unauthorized disclosure and is marked to indicate its 
                classified status when in documentary form.
                    (j) ``Compilation'' means an aggregation of 
                preexisting unclassified items of information.
                    (k) ``Confidential source'' means any individual or 
                organization that has provided, or that may reasonably 
                be expected to provide, information to the United 
                States on matters pertaining to the national security 
                with the expectation that the information or 
                relationship, or both, are to be held in confidence.
                    (l) ``Damage to the national security'' means harm 
                to the national defense or foreign relations of the 
                United States from the unauthorized disclosure of 
                information, taking into consideration such aspects of 
                the information as the sensitivity, value, utility, and 
                provenance of that information.
                    (m) ``Declassification'' means the authorized 
                change in the status of information from classified 
                information to unclassified information.
                    (n) ``Declassification guide'' means written 
                instructions issued by a declassification authority 
                that describes the elements of information regarding

[[Page 728]]

                a specific subject that may be declassified and the 
                elements that must remain classified.
                    (o) ``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.
                    (p) ``Document'' means any recorded information, 
                regardless of the nature of the medium or the method or 
                circumstances of recording.
                    (q) ``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.
                    (r) ``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.
                    (s) ``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.

                    (t) ``Information'' means any knowledge that can be 
                communicated or documentary material, regardless of its 
                physical form or characteristics, that is owned by, is 
                produced by or for, or is under the control of the 
                United States Government.
                    (u) ``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.
                    (v) ``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 a 
                Presidential administration or a 5-year retirement 
                schedule within a specific file series that is retired 
                from active use as a group. For purposes of automatic 
                declassification, integral file blocks shall contain 
                only records dated within 10 years of the oldest record 
                in the file block.
                    (w) ``Integrity'' means the state that exists when 
                information is unchanged from its source and has not 
                been accidentally or intentionally modified, altered, 
                or destroyed.
                    (x) ``Intelligence'' includes foreign intelligence 
                and counterintelligence as defined by Executive Order 
                12333 of December 4, 1981, as amended, or by a 
                successor order.
                    (y) ``Intelligence activities'' means all 
                activities that elements of the Intelligence Community 
                are authorized to conduct pursuant to law or Executive 
                Order 12333, as amended, or a successor order.

[[Page 729]]

                    (z) ``Intelligence Community'' means an element or 
                agency of the U.S. Government identified in or 
                designated pursuant to section 3(4) of the National 
                Security Act of 1947, as amended, or section 3.5(h) of 
                Executive Order 12333, as amended.
                    (aa) ``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.
                    (bb) ``Multiple sources'' means two or more source 
                documents, classification guides, or a combination of 
                both.
                    (cc) ``National security'' means the national 
                defense or foreign relations of the United States.
                    (dd) ``Need-to-know'' means a determination within 
                the executive branch in accordance with directives 
                issued pursuant to this order that a prospective 
                recipient requires access to specific classified 
                information in order to perform or assist in a lawful 
                and authorized governmental function.
                    (ee) ``Network'' means a system of two or more 
                computers that can exchange data or information.
                    (ff) ``Original classification'' means an initial 
                determination that information requires, in the 
                interest of the national security, protection against 
                unauthorized disclosure.
                    (gg) ``Original classification authority'' means an 
                individual authorized in writing, either by the 
                President, the Vice President, or by agency heads or 
                other officials designated by the President, to 
                classify information in the first instance.
                    (hh) ``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.
                    (ii) ``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.
                    (jj) ``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.
                    (kk) ``Safeguarding'' means measures and controls 
                that are prescribed to protect classified information.
                    (ll) ``Self-inspection'' means the internal review 
                and evaluation of individual agency activities and the 
                agency as a whole with respect to the implementation of 
                the program established under this order and its 
                implementing directives.
                    (mm) ``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.
                    (nn) ``Source document'' means an existing document 
                that contains classified information that is 
                incorporated, paraphrased, restated, or generated in 
                new form into a new document.
                    (oo) ``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.

[[Page 730]]

                    (pp) ``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.
                    (qq) ``Telecommunications'' means the preparation, 
                transmission, or communication of information by 
                electronic means.
                    (rr) ``Unauthorized disclosure'' means a 
                communication or physical transfer of classified 
                information to an unauthorized recipient.
                    (ss) ``U.S. entity'' includes:

(1) State, local, or tribal governments;

(2) State, local, and tribal law enforcement and firefighting entities;

(3) public health and medical entities;

(4) regional, state, local, and tribal emergency management entities, 
including State Adjutants General and other appropriate public safety 
entities; or

(5) private sector entities serving as part of the nation's Critical 
Infrastructure/Key Resources.

                    (tt) ``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.

                    (uu) ``Weapons of mass destruction'' means any 
                weapon of mass destruction as defined in 50 U.S.C. 
                1801(p).

                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 Director of National Intelligence may, with 
                respect to the Intelligence Community and after 
                consultation with the heads of affected departments and 
                agencies, issue such policy directives and guidelines 
                as the Director of National Intelligence deems 
                necessary to implement this order with respect to the 
                classification and declassification of all intelligence 
                and intelligence-related information, and for access to 
                and dissemination of all intelligence and intelligence-
                related information, both in its final form and in the 
                form when initially gathered. Procedures or other 
                guidance issued by Intelligence Community element heads 
                shall be in accordance with such policy directives or 
                guidelines issued by the Director of National 
                Intelligence. Any such policy directives or guidelines 
                issued by the Director of National Intelligence shall 
                be in accordance with directives issued by the Director 
                of the Information Security Oversight Office under 
                section 5.1(a) of this order.
                    (c) 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.
                    (d) 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

[[Page 731]]

                by a party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person. The foregoing is in 
                addition to the specific provisos set forth in sections 
                1.1(b), 3.1(c) and 5.3(e) of this order.
                    (e) Nothing in this order shall be construed to 
                obligate action or otherwise affect functions by the 
                Director of the Office of Management and Budget 
                relating to budgetary, administrative, or legislative 
                proposals.
                    (f) This order shall be implemented subject to the 
                availability of appropriations.
                    (g) Executive Order 12958 of April 17, 1995, and 
                amendments thereto, including Executive Order 13292 of 
                March 25, 2003, are hereby revoked as of the effective 
                date of this order.

                Sec. 6.3. Effective Date. This order is effective 180 
                days from the date of this order, except for sections 
                1.7, 3.3, and 3.7, which are effective immediately.

                Sec. 6.4. Publication. The Archivist of the United 
                States shall publish this Executive Order in the 
                Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 29, 2010.

[FR Doc. E9-31418
Filed 1-4-10; 11:15 am]
Billing code 7515-01-P