[Weekly Compilation of Presidential Documents Volume 39, Number 13 (Monday, March 31, 2003)]
[Pages 359-376]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13292--Further Amendment to Executive Order 12958, as 
Amended, Classified National Security Information

March 25, 2003

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to further amend 
Executive Order 12958, as amended, it is hereby ordered that Executive 
Order 12958 is amended to read as follows:

``Classified National Security Information

    This order prescribes a uniform system for classifying, 
safeguarding, and declassifying national security information, including 
information relating to defense against transnational terrorism. Our 
democratic principles require that the American people be informed of 
the activities of their Government. Also, our Nation's progress depends 
on the free flow of information. Nevertheless, throughout our history, 
the national defense has required that certain information be maintained 
in confidence in order to protect our citizens, our democratic 
institutions, our homeland security, and our interactions with foreign 
nations. Protecting information critical to our Nation's security 
remains a priority.
    Now, Therefore, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, it is hereby 
ordered as follows:

Part 1--Original Classification

    Sec. 1.1. Classification Standards. (a) Information may be 
originally classified under the terms of this order only if all of the 
following conditions are met:
(1)          an original classification authority is classifying the 
            information;
(2)          the information is owned by, produced by or for, or is 
            under the control of the United States Government;
(3)          the information falls within one or more of the categories 
            of information listed in section 1.4 of this order; and
(4)          the original classification authority determines that the 
            unauthorized disclosure of the information reasonably

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            could be expected to result in damage to the national 
            security, which includes defense against transnational 
            terrorism, and the original classification authority is able 
            to identify or describe the damage.
    (b) Classified information shall not be declassified automatically 
as a result of any unauthorized disclosure of identical or similar 
information.
    (c) The unauthorized disclosure of foreign government information is 
presumed to cause damage to the national security.
    Sec. 1.2. Classification Levels. (a) Information may be classified 
at one of the following three levels:
(1)          ``Top Secret'' shall be applied to information, the 
            unauthorized disclosure of which reasonably could be 
            expected to cause exceptionally grave damage to the national 
            security that the original classification authority is able 
            to identify or describe.
(2)          ``Secret'' shall be applied to information, the 
            unauthorized disclosure of which reasonably could be 
            expected to cause serious damage to the national security 
            that the original classification authority is able to 
            identify or describe.
(3)          ``Confidential'' shall be applied to information, the 
            unauthorized disclosure of which reasonably could be 
            expected to cause damage to the national security that the 
            original classification authority is able to identify or 
            describe.
    (b) Except as otherwise provided by statute, no other terms shall be 
used to identify United States classified information.
    Sec. 1.3. Classification Authority. (a) The authority to classify 
information originally may be exercised only by:
(1)          the President and, in the performance of executive duties, 
            the Vice President;
(2)          agency heads and officials designated by the President in 
            the Federal Register; and
(3)          United States Government officials delegated this authority 
            pursuant to paragraph (c) of this section.
    (b) Officials authorized to classify information at a specified 
level are also authorized to classify information at a lower level.
    (c) Delegation of original classification authority.
(1)          Delegations of original classification authority shall be 
            limited to the minimum required to administer this order. 
            Agency heads are responsible for ensuring that designated 
            subordinate officials have a demonstrable and continuing 
            need to exercise this authority.
(2)          ``Top Secret'' original classification authority may be 
            delegated only by the President; in the performance of 
            executive duties, the Vice President; or an agency head or 
            official designated pursuant to paragraph (a)(2) of this 
            section.
(3)          ``Secret'' or ``Confidential'' original classification 
            authority may be delegated only by the President; in the 
            performance of executive duties, the Vice President; or an 
            agency head or official designated pursuant to paragraph 
            (a)(2) of this section; or the senior agency official 
            described in section 5.4(d) of this order, provided that 
            official has been delegated ``Top Secret'' original 
            classification authority by the agency head.
(4)          Each delegation of original classification authority shall 
            be in writing and the authority shall not be redelegated 
            except as provided in this order. Each delegation shall 
            identify the official by name or position title.
    (d) Original classification authorities must receive training in 
original classification as provided in this order and its implementing 
directives. Such training must include instruction on the proper 
safeguarding of classified information and of the criminal, civil, and 
administrative sanctions that may be brought against an individual who 
fails to protect classified information from unauthorized disclosure.
    (e) Exceptional cases. When an employee, government contractor, 
licensee, certificate holder, or grantee of an agency who does not have 
original classification authority

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originates information believed by that person to require 
classification, the information shall be protected in a manner 
consistent with this order and its implementing directives. The 
information shall be transmitted promptly as provided under this order 
or its implementing directives to the agency that has appropriate 
subject matter interest and classification authority with respect to 
this information. That agency shall decide within 30 days whether to 
classify this information. If it is not clear which agency has 
classification responsibility for this information, it shall be sent to 
the Director of the Information Security Oversight Office. The Director 
shall determine the agency having primary subject matter interest and 
forward the information, with appropriate recommendations, to that 
agency for a classification determination.
    Sec. 1.4. Classification Categories. Information shall not be 
considered for classification unless it concerns:
    (a) military plans, weapons systems, or operations;
    (b) foreign government information;
    (c) intelligence activities (including special activities), 
intelligence sources or methods, or cryptology;
    (d) foreign relations or foreign activities of the United States, 
including confidential sources;
    (e) scientific, technological, or economic matters relating to the 
national security, which includes defense against transnational 
terrorism;
    (f) United States Government programs for safeguarding nuclear 
materials or facilities;
    (g) vulnerabilities or capabilities of systems, installations, 
infrastructures, projects, plans, or protection services relating to the 
national security, which includes defense against transnational 
terrorism; or
    (h) weapons of mass destruction.
    Sec. 1.5. Duration of Classification. (a) At the time of original 
classification, the original classification authority shall attempt to 
establish a specific date or event for declassification based upon the 
duration of the national security sensitivity of the information. Upon 
reaching the date or event, the information shall be automatically 
declassified. The date or event shall not exceed the time frame 
established in paragraph (b) of this section.
    (b) If the original classification authority cannot determine an 
earlier specific date or event for declassification, information shall 
be marked for declassification 10 years from the date of the original 
decision, unless the original classification authority otherwise 
determines that the sensitivity of the information requires that it 
shall be marked for declassification for up to 25 years from the date of 
the original decision. All information classified under this section 
shall be subject to section 3.3 of this order if it is contained in 
records of permanent historical value under title 44, United States 
Code.
    (c) An original classification authority may extend the duration of 
classification, change the level of classification, or reclassify 
specific information only when the standards and procedures for 
classifying information under this order are followed.
    (d) Information marked for an indefinite duration of classification 
under predecessor orders, for example, marked as ``Originating Agency's 
Determination Required,'' or information classified under predecessor 
orders that contains no declassification instructions shall be 
declassified in accordance with part 3 of this order.
    Sec. 1.6. Identification and Markings. (a) At the time of original 
classification, the following shall appear on the face of each 
classified document, or shall be applied to other classified media in an 
appropriate manner:
(1)          one of the three classification levels defined in section 
            1.2 of this order;
(2)          the identity, by name or personal identifier and position, 
            of the original classification authority;
(3)          the agency and office of origin, if not otherwise evident;
(4)          declassification instructions, which shall indicate one of 
            the following:
(A)          the date or event for declassification, as prescribed in 
            section 1.5(a) or section 1.5(c);
(B)          the date that is 10 years from the date of original 
            classification, as prescribed in section 1.5(b); or
(C)          the date that is up to 25 years from the date of original 
            classification, as prescribed in section 1.5 (b); and

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(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 described in paragraph (a) of this section 
may be excluded if it would reveal additional classified information.
    (c) With respect to each classified document, the agency originating 
the document shall, by marking or other means, indicate which portions 
are classified, with the applicable classification level, and which 
portions are unclassified. In accordance with standards prescribed in 
directives issued under this order, the Director of the Information 
Security Oversight Office may grant waivers of this requirement. The 
Director shall revoke any waiver upon a finding of abuse.
    (d) Markings implementing the provisions of this order, including 
abbreviations and requirements to safeguard classified working papers, 
shall conform to the standards prescribed in implementing directives 
issued pursuant to this order.
    (e) Foreign government information shall retain its original 
classification markings or shall be assigned a U.S. classification that 
provides a degree of protection at least equivalent to that required by 
the entity that furnished the information. Foreign government 
information retaining its original classification markings need not be 
assigned a U.S. classification marking provided that the responsible 
agency determines that the foreign government markings are adequate to 
meet the purposes served by U.S. classification markings.
    (f) Information assigned a level of classification under this or 
predecessor orders shall be considered as classified at that level of 
classification despite the omission of other required markings. Whenever 
such information is used in the derivative classification process or is 
reviewed for possible declassification, holders of such information 
shall coordinate with an appropriate classification authority for the 
application of omitted markings.
    (g) The classification authority shall, whenever practicable, use a 
classified addendum whenever classified information constitutes a small 
portion of an otherwise unclassified document.
    (h) Prior to public release, all declassified records shall be 
appropriately marked to reflect their declassification.
    Sec. 1.7. Classification Prohibitions and Limitations. (a) In no 
case shall information be classified in order to:
(1)          conceal violations of law, inefficiency, or administrative 
            error;
(2)          prevent embarrassment to a person, organization, or agency;
(3)          restrain competition; or
(4)          prevent or delay the release of information that does not 
            require protection in the interest of the national security.
    (b) Basic scientific research information not clearly related to the 
national security shall not be classified.
    (c) Information may be reclassified after declassification and 
release to the public under proper authority only in accordance with the 
following conditions:
(1)          the reclassification action is taken under the personal 
            authority of the agency head or deputy agency head, who 
            determines in writing that the reclassification of the 
            information is necessary in the interest of the national 
            security;
(2)          the information may be reasonably recovered; and
(3)          the reclassification action is reported promptly to the 
            Director of the Information Security Oversight Office.
    (d) Information that has not previously been disclosed to the public 
under proper authority may be classified or reclassified after an agency 
has received a request for it under the Freedom of Information Act (5 
U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory 
review provisions of section 3.5 of this order only if such 
classification meets the requirements of this order and is accomplished 
on a document-by-document basis with 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.

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    (e) Compilations of items of information that are individually 
unclassified may be classified if the compiled information reveals an 
additional association or relationship that: (1) meets the standards for 
classification under this order; and (2) is not otherwise revealed in 
the individual items of information. As used in this order, 
``compilation'' means an aggregation of pre-existing unclassified items 
of information.
    Sec. 1.8. Classification Challenges. (a) Authorized holders of 
information who, in good faith, believe that its classification status 
is improper are encouraged and expected to challenge the classification 
status of the information in accordance with agency procedures 
established under paragraph (b) of this section.
    (b) In accordance with implementing directives issued pursuant to 
this order, an agency head or senior agency official shall establish 
procedures under which authorized holders of information are encouraged 
and expected to challenge the classification of information that they 
believe is improperly classified or unclassified. These procedures shall 
ensure that:
(1)          individuals are not subject to retribution for bringing 
            such actions;
(2)          an opportunity is provided for review by an impartial 
            official or panel; and
(3)          individuals are advised of their right to appeal agency 
            decisions to the Interagency Security Classification Appeals 
            Panel (Panel) established by section 5.3 of this order.

Part 2--Derivative Classification

    Sec. 2.1. Use of Derivative Classification. (a) Persons who only 
reproduce, extract, or summarize classified information, or who only 
apply classification markings derived from source material or as 
directed by a classification guide, need not possess original 
classification authority.
    (b) Persons who apply derivative classification markings shall:
(1)          observe and respect original classification decisions; and
(2)          carry forward to any newly created documents the pertinent 
            classification markings. For information derivatively 
            classified based on multiple sources, the derivative 
            classifier shall carry forward:
(A)          the date or event for declassification that corresponds to 
            the longest period of classification among the sources; and
(B)          a listing of these sources on or attached to the official 
            file or record copy.
    Sec. 2.2. Classification Guides. (a) Agencies with original 
classification authority shall prepare classification guides to 
facilitate the proper and uniform derivative classification of 
information. These guides shall conform to standards contained in 
directives issued under this order.
    (b) Each guide shall be approved personally and in writing by an 
official who:
(1)          has program or supervisory responsibility over the 
            information or is the senior agency official; and
(2)          is authorized to classify information originally at the 
            highest level of classification prescribed in the guide.
    (c) Agencies shall establish procedures to ensure that 
classification guides are reviewed and updated as provided in directives 
issued under this order.

Part 3--Declassification and Downgrading

    Sec. 3.1. Authority for Declassification. (a) Information shall be 
declassified as soon as it no longer meets the standards for 
classification under this order.
    (b) It is presumed that information that continues to meet the 
classification requirements under this order requires continued 
protection. In some exceptional cases, however, the need to protect such 
information may be outweighed by the public interest in disclosure of 
the information, and in these cases the information should be 
declassified. When such questions arise, they shall be referred to the 
agency head or the senior agency official. That official will determine, 
as an exercise of discretion, whether the public interest in disclosure 
outweighs the damage to the national security that might reasonably be 
expected from disclosure. This provision does not:

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(1)          amplify or modify the substantive criteria or procedures 
            for classification; or
(2)          create any substantive or procedural rights subject to 
            judicial review.
    (c) If the Director of the Information Security Oversight Office 
determines that information is classified in violation of this order, 
the Director may require the information to be declassified by the 
agency that originated the classification. Any such decision by the 
Director may be appealed to the President through the Assistant to the 
President for National Security Affairs. The information shall remain 
classified pending a prompt decision on the appeal.
    (d) The provisions of this section shall also apply to agencies 
that, under the terms of this order, do not have original classification 
authority, but had such authority under predecessor orders.
    Sec. 3.2. Transferred Records. (a) In the case of classified records 
transferred in conjunction with a transfer of functions, and not merely 
for storage purposes, the receiving agency shall be deemed to be the 
originating agency for purposes of this order.
    (b) In the case of classified records that are not officially 
transferred as described in paragraph (a) of this section, but that 
originated in an agency that has ceased to exist and for which there is 
no successor agency, each agency in possession of such records shall be 
deemed to be the originating agency for purposes of this order. Such 
records may be declassified or downgraded by the agency in possession 
after consultation with any other agency that has an interest in the 
subject matter of the records.
    (c) Classified records accessioned into the National Archives and 
Records Administration (National Archives) as of the effective date of 
this order shall be declassified or downgraded by the Archivist of the 
United States (Archivist) in accordance with this order, the directives 
issued pursuant to this order, agency declassification guides, and any 
existing procedural agreement between the Archivist and the relevant 
agency head.
    (d) The originating agency shall take all reasonable steps to 
declassify classified information contained in records determined to 
have permanent historical value before they are accessioned into the 
National Archives. However, the Archivist may require that classified 
records be accessioned into the National Archives when necessary to 
comply with the provisions of the Federal Records Act. This provision 
does not apply to records being transferred to the Archivist pursuant to 
section 2203 of title 44, United States Code, or records for which the 
National Archives serves as the custodian of the records of an agency or 
organization that has gone out of existence.
    (e) To the extent practicable, agencies shall adopt a system of 
records management that will facilitate the public release of documents 
at the time such documents are declassified pursuant to the provisions 
for automatic declassification in section 3.3 of this order.
    Sec. 3.3. Automatic Declassification. (a) Subject to paragraphs (b)-
(e) of this section, on December 31, 2006, all classified records that 
(1) are more than 25 years old and (2) have been determined to have 
permanent historical value under title 44, United States Code, shall be 
automatically declassified whether or not the records have been 
reviewed. Subsequently, all classified records shall be automatically 
declassified on December 31 of the year that is 25 years from the date 
of its original classification, except as provided in paragraphs (b)-(e) 
of this section.
    (b) An agency head may exempt from automatic declassification under 
paragraph (a) of this section specific information, the release of which 
could be expected to:
(1)          reveal the identity of a confidential human source, or a 
            human intelligence source, or reveal information about the 
            application of an intelligence source or method;
(2)          reveal information that would assist in the development or 
            use of weapons of mass destruction;
(3)          reveal information that would impair U.S. cryptologic 
            systems or activities;
(4)          reveal information that would impair the application of 
            state of the art technology within a U.S. weapon system;
(5)          reveal actual U.S. military war plans that remain in 
            effect;

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(6)          reveal information, including foreign government 
            information, that would seriously and demonstrably impair 
            relations between the United States and a foreign 
            government, or seriously and demonstrably undermine ongoing 
            diplomatic activities of the United States;
(7)          reveal information that would clearly and demonstrably 
            impair the current ability of United States Government 
            officials to protect the President, Vice President, and 
            other protectees for whom protection services, in the 
            interest of the national security, are authorized;
(8)          reveal information that would seriously and demonstrably 
            impair current national security emergency preparedness 
            plans or reveal current vulnerabilities of systems, 
            installations, infrastructures, or projects relating to the 
            national security; or
(9)          violate a statute, treaty, or international agreement.
    (c) An agency head shall notify the President through the Assistant 
to the President for National Security Affairs of any specific file 
series of records for which a review or assessment has determined that 
the information within that file series almost invariably falls within 
one or more of the exemption categories listed in paragraph (b) of this 
section and which the agency proposes to exempt from automatic 
declassification. The notification shall include:
(1)          a description of the file series;
(2)          an explanation of why the information within the file 
            series is almost invariably exempt from automatic 
            declassification and why the information must remain 
            classified for a longer period of time; and
(3)          except for the identity of a confidential human source or a 
            human intelligence source, as provided in paragraph (b) of 
            this section, a specific date or event for declassification 
            of the information.
    The President may direct the agency head not to exempt the file 
series or to declassify the information within that series at an earlier 
date than recommended. File series exemptions previously approved by the 
President shall remain valid without any additional agency action.
    (d) At least 180 days before information is automatically 
declassified under this section, an agency head or senior agency 
official shall notify the Director of the Information Security Oversight 
Office, serving as Executive Secretary of the Panel, of any specific 
information beyond that included in a notification to the President 
under paragraph (c) of this section that the agency proposes to exempt 
from automatic declassification. The notification shall include:
(1)          a description of the information, either by reference to 
            information in specific records or in the form of a 
            declassification guide;
(2)          an explanation of why the information is exempt from 
            automatic declassification and must remain classified for a 
            longer period of time; and
(3)          except for the identity of a confidential human source or a 
            human intelligence source, as provided in paragraph (b) of 
            this section, a specific date or event for declassification 
            of the information. The Panel may direct the agency not to 
            exempt the information or to declassify it at an earlier 
            date than recommended. The agency head may appeal such a 
            decision to the President through the Assistant to the 
            President for National Security Affairs. The information 
            will remain classified while such an appeal is pending.
    (e) The following provisions shall apply to the onset of automatic 
declassification:
(1)          Classified records within an integral file block, as 
            defined in this order, that are otherwise subject to 
            automatic declassification under this section shall not be 
            automatically declassified until December 31 of the year 
            that is 25 years from the date of the most recent record 
            within the file block.
(2)          By notification to the Director of the Information Security 
            Oversight Office, before the records are subject to 
            automatic declassification, an agency

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            head or senior agency official designated under section 5.4 
            of this order may delay automatic declassification for up to 
            5 additional years for classified information contained in 
            microforms, motion pictures, audiotapes, videotapes, or 
            comparable media that make a review for possible 
            declassification exemptions more difficult or costly.
(3)          By notification to the Director of the Information Security 
            Oversight Office, before the records are subject to 
            automatic declassification, an agency head or senior agency 
            official designated under section 5.4 of this order may 
            delay automatic declassification for up to 3 years for 
            classified records that have been referred or transferred to 
            that agency by another agency less than 3 years before 
            automatic declassification would otherwise be required.
(4)          By notification to the Director of the Information Security 
            Oversight Office, an agency head or senior agency official 
            designated under section 5.4 of this order may delay 
            automatic declassification for up to 3 years from the date 
            of discovery of classified records that were inadvertently 
            not reviewed prior to the effective date of automatic 
            declassification.
    (f) Information exempted from automatic declassification under this 
section shall remain subject to the mandatory and systematic 
declassification review provisions of this order.
    (g) The Secretary of State shall determine when the United States 
should commence negotiations with the appropriate officials of a foreign 
government or international organization of governments to modify any 
treaty or international agreement that requires the classification of 
information contained in records affected by this section for a period 
longer than 25 years from the date of its creation, unless the treaty or 
international agreement pertains to information that may otherwise 
remain classified beyond 25 years under this section.
    (h) Records containing information that originated with other 
agencies or the disclosure of which would affect the interests or 
activities of other agencies shall be referred for review to those 
agencies and the information of concern shall be subject to automatic 
declassification only by those agencies, consistent with the provisions 
of subparagraphs (e)(3) and (e)(4) of this section.
    Sec. 3.4. Systematic Declassification Review. (a) Each agency that 
has originated classified information under this order or its 
predecessors shall establish and conduct a program for systematic 
declassification review. This program shall apply to records of 
permanent historical value exempted from automatic declassification 
under section 3.3 of this order. Agencies shall prioritize the 
systematic review of records based upon the degree of researcher 
interest and the likelihood of declassification upon review.
    (b) The Archivist shall conduct a systematic declassification review 
program for classified records: (1) accessioned into the National 
Archives as of the effective date of this order; (2) transferred to the 
Archivist pursuant to section 2203 of title 44, United States Code; and 
(3) for which the National Archives serves as the custodian for an 
agency or organization that has gone out of existence. This program 
shall apply to pertinent records no later than 25 years from the date of 
their creation. The Archivist shall establish priorities for the 
systematic review of these records based upon the degree of researcher 
interest and the likelihood of declassification upon review. These 
records shall be reviewed in accordance with the standards of this 
order, its implementing directives, and declassification guides provided 
to the Archivist by each agency that originated the records. The 
Director of the Information Security Oversight Office shall ensure that 
agencies provide the Archivist with adequate and current 
declassification guides.
    (c) After consultation with affected agencies, the Secretary of 
Defense may establish special procedures for systematic review for 
declassification of classified cryptologic information, and the Director 
of Central Intelligence may establish special procedures for systematic 
review for declassification of classified information pertaining to 
intelligence activities (including special activities), or intelligence 
sources or methods.

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    Sec. 3.5. Mandatory Declassification Review. (a) Except as provided 
in paragraph (b) of this section, all information classified under this 
order or predecessor orders shall be subject to a review for 
declassification by the originating agency if:
(1)          the request for a review describes the document or material 
            containing the information with sufficient specificity to 
            enable the agency to locate it with a reasonable amount of 
            effort;
(2)          the information is not exempted from search and review 
            under sections 105C, 105D, or 701 of the National Security 
            Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and
(3)          the information has not been reviewed for declassification 
            within the past 2 years. If the agency has reviewed the 
            information within the past 2 years, or the information is 
            the subject of pending litigation, the agency shall inform 
            the requester of this fact and of the requester's appeal 
            rights.
    (b) Information originated by:
(1)          the incumbent President or, in the performance of executive 
            duties, the incumbent Vice President;
(2)          the incumbent President's White House Staff or, in the 
            performance of executive duties, the incumbent Vice 
            President's Staff;
(3)          committees, commissions, or boards appointed by the 
            incumbent President; or
(4)          other entities within the Executive Office of the President 
            that solely advise and assist the incumbent President is 
            exempted from the provisions of paragraph (a) of this 
            section. However, the Archivist shall have the authority to 
            review, downgrade, and declassify papers or records of 
            former Presidents under the control of the Archivist 
            pursuant to sections 2107, 2111, 2111 note, or 2203 of title 
            44, United States Code. Review procedures developed by the 
            Archivist shall provide for consultation with agencies 
            having primary subject matter interest and shall be 
            consistent with the provisions of applicable laws or lawful 
            agreements that pertain to the respective Presidential 
            papers or records. Agencies with primary subject matter 
            interest shall be notified promptly of the Archivist's 
            decision. Any final decision by the Archivist may be 
            appealed by the requester or an agency to the Panel. The 
            information shall remain classified pending a prompt 
            decision on the appeal.
    (c) Agencies conducting a mandatory review for declassification 
shall declassify information that no longer meets the standards for 
classification under this order. They shall release this information 
unless withholding is otherwise authorized and warranted under 
applicable law.
    (d) In accordance with directives issued pursuant to this order, 
agency heads shall develop procedures to process requests for the 
mandatory review of classified information. These procedures shall apply 
to information classified under this or predecessor orders. They also 
shall provide a means for administratively appealing a denial of a 
mandatory review request, and for notifying the requester of the right 
to appeal a final agency decision to the Panel.
    (e) After consultation with affected agencies, the Secretary of 
Defense shall develop special procedures for the review of cryptologic 
information; the Director of Central Intelligence shall develop special 
procedures for the review of information pertaining to intelligence 
activities (including special activities), or intelligence sources or 
methods; and the Archivist shall develop special procedures for the 
review of information accessioned into the National Archives.
    Sec. 3.6. Processing Requests and Reviews. In response to a request 
for information under the Freedom of Information Act, the Privacy Act of 
1974, or the mandatory review provisions of this order, or pursuant to 
the automatic declassification or systematic review provisions of this 
order:
    (a) An agency may refuse to confirm or deny the existence or 
nonexistence of requested records whenever the fact of their existence 
or nonexistence is itself classified under this order or its 
predecessors.

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    (b) When an agency receives any request for documents in its custody 
that contain information that was originally classified by another 
agency, or comes across such documents in the process of the automatic 
declassification or systematic review provisions of this order, it shall 
refer copies of any request and the pertinent documents to the 
originating agency for processing, and may, after consultation with the 
originating agency, inform any requester of the referral unless such 
association is itself classified under this order or its predecessors. 
In cases in which the originating agency determines in writing that a 
response under paragraph (a) of this section is required, the referring 
agency shall respond to the requester in accordance with that paragraph.
    Sec. 3.7. Declassification Database. (a) The Director of the 
Information Security Oversight Office, in conjunction with those 
agencies that originate classified information, shall coordinate the 
linkage and effective utilization of existing agency databases of 
records that have been declassified and publicly released.
    (b) Agency heads shall fully cooperate with the Director of the 
Information Security Oversight Office in these efforts.

Part 4--Safeguarding

    Sec. 4.1. General Restrictions on Access. (a) A person may have 
access to classified information provided that:
(1)          a favorable determination of eligibility for access has 
            been made by an agency head or the agency head's designee;
(2)          the person has signed an approved nondisclosure agreement; 
            and
(3)          the person has a need-to-know the information.
    (b) Every person who has met the standards for access to classified 
information in paragraph (a) of this section shall receive 
contemporaneous training on the proper safeguarding of classified 
information and on the criminal, civil, and administrative sanctions 
that may be imposed on an individual who fails to protect classified 
information from unauthorized disclosure.
    (c) Classified information shall remain under the control of the 
originating agency or its successor in function. An agency shall not 
disclose information originally classified by another agency without its 
authorization. An official or employee leaving agency service may not 
remove classified information from the agency's control.
    (d) Classified information may not be removed from official premises 
without proper authorization.
    (e) Persons authorized to disseminate classified information outside 
the executive branch shall ensure the protection of the information in a 
manner equivalent to that provided within the executive branch.
    (f) Consistent with law, directives, and regulation, an agency head 
or senior agency official shall establish uniform procedures to ensure 
that automated information systems, including networks and 
telecommunications systems, that collect, create, communicate, compute, 
disseminate, process, or store classified information have controls 
that:
(1)          prevent access by unauthorized persons; and
(2)          ensure the integrity of the information.
    (g) Consistent with law, directives, and regulation, each agency 
head or senior agency official shall establish controls to ensure that 
classified information is used, processed, stored, reproduced, 
transmitted, and destroyed under conditions that provide adequate 
protection and prevent access by unauthorized persons.
    (h) Consistent with directives issued pursuant to this order, an 
agency shall safeguard foreign government information under standards 
that provide a degree of protection at least equivalent to that required 
by the government or international organization of governments that 
furnished the information. When adequate to achieve equivalency, these 
standards may be less restrictive than the safeguarding standards that 
ordinarily apply to United States ``Confidential'' information, 
including modified handling and transmission and allowing access to 
individuals with a need-to-know who have not otherwise been cleared for 
access to classified information or executed an approved nondisclosure 
agreement.
    (i) Except as otherwise provided by statute, this order, directives 
implementing this

[[Page 369]]

order, or by direction of the President, classified information 
originating in one agency shall not be disseminated outside any other 
agency to which it has been made available without the consent of the 
originating agency. An agency head or senior agency official may waive 
this requirement for specific information originated within that agency. 
For purposes of this section, the Department of Defense shall be 
considered one agency. Prior consent is not required when referring 
records for declassification review that contain information originating 
in several agencies.
    Sec. 4.2. Distribution Controls. (a) Each agency shall establish 
controls over the distribution of classified information to ensure that 
it is distributed only to organizations or individuals eligible for 
access and with a need-to-know the information.
    (b) In an emergency, when necessary to respond to an imminent threat 
to life or in defense of the homeland, the agency head or any designee 
may authorize the disclosure of classified information to an individual 
or individuals who are otherwise not eligible for access. Such actions 
shall be taken only in accordance with the directives implementing this 
order and any procedures issued by agencies governing the classified 
information, which shall be designed to minimize the classified 
information that is disclosed under these circumstances and the number 
of individuals who receive it. Information disclosed under this 
provision or implementing directives and procedures shall not be deemed 
declassified as a result of such disclosure or subsequent use by a 
recipient. Such disclosures shall be reported promptly to the originator 
of the classified information. For purposes of this section, the 
Director of Central Intelligence may issue an implementing directive 
governing the emergency disclosure of classified intelligence 
information.
    (c) Each agency shall update, at least annually, the automatic, 
routine, or recurring distribution of classified information that they 
distribute. Recipients shall cooperate fully with distributors who are 
updating distribution lists and shall notify distributors whenever a 
relevant change in status occurs.
    Sec. 4.3. Special Access Programs. (a) Establishment of special 
access programs. Unless otherwise authorized by the President, only the 
Secretaries of State, Defense, and Energy, and the Director of Central 
Intelligence, or the principal deputy of each, may create a special 
access program. For special access programs pertaining to intelligence 
activities (including special activities, but not including military 
operational, strategic, and tactical programs), or intelligence sources 
or methods, this function shall be exercised by the Director of Central 
Intelligence. These officials shall keep the number of these programs at 
an absolute minimum, and shall establish them only when the program is 
required by statute or upon a specific finding that:
(1)          the vulnerability of, or threat to, specific information is 
            exceptional; and
(2)          the normal criteria for determining eligibility for access 
            applicable to information classified at the same level are 
            not deemed sufficient to protect the information from 
            unauthorized disclosure.
    (b) Requirements and limitations. (1) Special access programs shall 
be limited to programs in which the number of persons who will have 
access ordinarily will be reasonably small and commensurate with the 
objective of providing enhanced protection for the information involved.
(2)          Each agency head shall establish and maintain a system of 
            accounting for special access programs consistent with 
            directives issued pursuant to this order.
(3)          Special access programs shall be subject to the oversight 
            program established under section 5.4(d) of this order. In 
            addition, the Director of the Information Security Oversight 
            Office shall be afforded access to these programs, in 
            accordance with the security requirements of each program, 
            in order to perform the functions assigned to the 
            Information Security Oversight Office under this order. An 
            agency head may limit access to a special access program to 
            the Director and no more than one other employee of the 
            Information Security Oversight Office, or, for special 
            access programs

[[Page 370]]

            that are extraordinarily sensitive and vulnerable, to the 
            Director only.
(4)          The agency head or principal deputy shall review annually 
            each special access program to determine whether it 
            continues to meet the requirements of this order.
(5)          Upon request, an agency head shall brief the Assistant to 
            the President for National Security Affairs, or a designee, 
            on any or all of the agency's special access programs.
    (c) Nothing in this order shall supersede any requirement made by or 
under 10 U.S.C. 119.
    Sec. 4.4. Access by Historical Researchers and Certain Former 
Government Personnel. (a) The requirement in section 4.1(a)(3) of this 
order that access to classified information may be granted only to 
individuals who have a need-to-know the information may be waived for 
persons who:
(1)          are engaged in historical research projects;
(2)          previously have occupied policy-making positions to which 
            they were appointed by the President under section 
            105(a)(2)(A) of title 3, United States Code, or the Vice 
            President under 106(a)(1)(A) of title 3, United States Code; 
            or
(3)          served as President or Vice President.
    (b) Waivers under this section may be granted only if the agency 
head or senior agency official of the originating agency:
(1)          determines in writing that access is consistent with the 
            interest of the national security;
(2)          takes appropriate steps to protect classified information 
            from unauthorized disclosure or compromise, and ensures that 
            the information is safeguarded in a manner consistent with 
            this order; and
    (3)
             limits the access granted to former Presidential appointees 
            and Vice Presidential appointees to items that the person 
            originated, reviewed, signed, or received while serving as a 
            Presidential appointee or a Vice Presidential appointee.

Part 5--Implementation and Review

    Sec. 5.1. Program Direction. (a) The Director of the Information 
Security Oversight Office, under the direction of the Archivist and in 
consultation with the Assistant to the President for National Security 
Affairs, shall issue such directives as are necessary to implement this 
order. These directives shall be binding upon the agencies. Directives 
issued by the Director of the Information Security Oversight Office 
shall establish standards for:
(1)          classification and marking principles;
(2)          safeguarding classified information, which shall pertain to 
            the handling, storage, distribution, transmittal, and 
            destruction of and accounting for classified information;
(3)          agency security education and training programs;
(4)          agency self-inspection programs; and
(5)          classification and declassification guides.
    (b) The Archivist shall delegate the implementation and monitoring 
functions of this program to the Director of the Information Security 
Oversight Office.
    Sec. 5.2. Information Security Oversight Office. (a) There is 
established within the National Archives an Information Security 
Oversight Office. The Archivist shall appoint the Director of the 
Information Security Oversight Office, subject to the approval of the 
President.
    (b) Under the direction of the Archivist, acting in consultation 
with the Assistant to the President for National Security Affairs, the 
Director of the Information Security Oversight Office shall:
(1)          develop directives for the implementation of this order;
(2)          oversee agency actions to ensure compliance with this order 
            and its implementing directives;
(3)          review and approve agency implementing regulations and 
            agency guides for systematic declassification

[[Page 371]]

            review prior to their issuance by the agency;
(4)          have the authority to conduct on-site reviews of each 
            agency's program established under this order, and to 
            require of each agency those reports, information, and other 
            cooperation that may be necessary to fulfill its 
            responsibilities. If granting access to specific categories 
            of classified information would pose an exceptional national 
            security risk, the affected agency head or the senior agency 
            official shall submit a written justification recommending 
            the denial of access to the President through the Assistant 
            to the President for National Security Affairs within 60 
            days of the request for access. Access shall be denied 
            pending the response;
(5)          review requests for original classification authority from 
            agencies or officials not granted original classification 
            authority and, if deemed appropriate, recommend Presidential 
            approval through the Assistant to the President for National 
            Security Affairs;
(6)          consider and take action on complaints and suggestions from 
            persons within or outside the Government with respect to the 
            administration of the program established under this order;
(7)          have the authority to prescribe, after consultation with 
            affected agencies, standardization of forms or procedures 
            that will promote the implementation of the program 
            established under this order;
(8)          report at least annually to the President on the 
            implementation of this order; and
(9)          convene and chair interagency meetings to discuss matters 
            pertaining to the program established by this order.
    Sec. 5.3. Interagency Security Classification Appeals Panel.
    (a) Establishment and administration.
(1)          There is established an Interagency Security Classification 
            Appeals Panel. The Departments of State, Defense, and 
            Justice, the Central Intelligence Agency, the National 
            Archives, and the Assistant to the President for National 
            Security Affairs shall each be represented by a senior-level 
            representative who is a full-time or permanent part-time 
            Federal officer or employee designated to serve as a member 
            of the Panel by the respective agency head. The President 
            shall select the Chair of the Panel from among the Panel 
            members.
(2)          A vacancy on the Panel shall be filled as quickly as 
            possible as provided in paragraph (a)(1) of this section.
(3)          The Director of the Information Security Oversight Office 
            shall serve as the Executive Secretary. The staff of the 
            Information Security Oversight Office shall provide program 
            and administrative support for the Panel.
(4)          The members and staff of the Panel shall be required to 
            meet eligibility for access standards in order to fulfill 
            the Panel's functions.
(5)          The Panel shall meet at the call of the Chair. The Chair 
            shall schedule meetings as may be necessary for the Panel to 
            fulfill its functions in a timely manner.
(6)          The Information Security Oversight Office shall include in 
            its reports to the President a summary of the Panel's 
            activities.
    (b) Functions. The Panel shall:
(1)          decide on appeals by persons who have filed classification 
            challenges under section 1.8 of this order;
(2)          approve, deny, or amend agency exemptions from automatic 
            declassification as provided in section 3.3 of this order; 
            and
(3)          decide on appeals by persons or entities who have filed 
            requests for mandatory declassification review under section 
            3.5 of this order.
    (c) Rules and procedures. The Panel shall issue bylaws, which shall 
be published in the Federal Register. The bylaws shall establish the 
rules and procedures that the Panel will follow in accepting, 
considering, and issuing decisions on appeals. The rules and procedures 
of the Panel shall provide that the Panel will consider appeals only on 
actions in which:

[[Page 372]]

(1)          the appellant has exhausted his or her administrative 
            remedies within the responsible agency;
(2)          there is no current action pending on the issue within the 
            Federal courts; and
(3)          the information has not been the subject of review by the 
            Federal courts or the Panel within the past 2 years.
    (d) Agency heads shall cooperate fully with the Panel so that it can 
fulfill its functions in a timely and fully informed manner. An agency 
head may appeal a decision of the Panel to the President through the 
Assistant to the President for National Security Affairs. The Panel 
shall report to the President through the Assistant to the President for 
National Security Affairs any instance in which it believes that an 
agency head is not cooperating fully with the Panel.
    (e) The Panel is established for the sole purpose of advising and 
assisting the President in the discharge of his constitutional and 
discretionary authority to protect the national security of the United 
States. Panel decisions are committed to the discretion of the Panel, 
unless changed by the President.
    (f) Notwithstanding paragraphs (a) through (e) of this section, 
whenever the Panel reaches a conclusion that information owned or 
controlled by the Director of Central Intelligence (Director) should be 
declassified, and the Director notifies the Panel that he objects to its 
conclusion because he has determined that the information could 
reasonably be expected to cause damage to the national security and to 
reveal (1) the identity of a human intelligence source, or (2) 
information about the application of an intelligence source or method 
(including any information that concerns, or is provided as a result of, 
a relationship with a cooperating intelligence element of a foreign 
government), the information shall remain classified unless the 
Director's determination is appealed to the President, and the President 
reverses the determination.
    Sec. 5.4. General Responsibilities. Heads of agencies that originate 
or handle classified information shall:
    (a) demonstrate personal commitment and commit senior management to 
the successful implementation of the program established under this 
order;
    (b) commit necessary resources to the effective implementation of 
the program established under this order;
    (c) ensure that agency records systems are designed and maintained 
to optimize the safeguarding of classified information, and to 
facilitate its declassification under the terms of this order when it no 
longer meets the standards for continued classification; and
    (d) designate a senior agency official to direct and administer the 
program, whose responsibilities shall include:
(1)          overseeing the agency's program established under this 
            order, provided, an agency head may designate a separate 
            official to oversee special access programs authorized under 
            this order. This official shall provide a full accounting of 
            the agency's special access programs at least annually;
(2)          promulgating implementing regulations, which shall be 
            published in the Federal Register to the extent that they 
            affect members of the public;
(3)          establishing and maintaining security education and 
            training programs;
(4)          establishing and maintaining an ongoing self-inspection 
            program, which shall include the periodic review and 
            assessment of the agency's classified product;
(5)          establishing procedures to prevent unnecessary access to 
            classified information, including procedures that:
(A)          require that a need for access to classified information is 
            established before initiating administrative clearance 
            procedures; and
(B)          ensure that the number of persons granted access to 
            classified information is limited to the minimum consistent 
            with operational and security requirements and needs;
(6)          developing special contingency plans for the safeguarding 
            of classified information used in or near hostile or 
            potentially hostile areas;
(7)          ensuring that the performance contract or other system used 
            to rate civilian or military personnel performance includes 
            the management of

[[Page 373]]

            classified information as a critical element or item to be 
            evaluated in the rating of:
(A)          original classification authorities;
(B)          security managers or security specialists; and
(C)          all other personnel whose duties significantly involve the 
            creation or handling of classified information;
(8)          accounting for the costs associated with the implementation 
            of this order, which shall be reported to the Director of 
            the Information Security Oversight Office for publication; 
            and
(9)          assigning in a prompt manner agency personnel to respond to 
            any request, appeal, challenge, complaint, or suggestion 
            arising out of this order that pertains to classified 
            information that originated in a component of the agency 
            that no longer exists and for which there is no clear 
            successor in function.
    Sec. 5.5. Sanctions. (a) If the Director of the Information Security 
Oversight Office finds that a violation of this order or its 
implementing directives has occurred, the Director shall make a report 
to the head of the agency or to the senior agency official so that 
corrective steps, if appropriate, may be taken.
    (b) Officers and employees of the United States Government, and its 
contractors, licensees, certificate holders, and grantees shall be 
subject to appropriate sanctions if they knowingly, willfully, or 
negligently:
(1)          disclose to unauthorized persons information properly 
            classified under this order or predecessor orders;
(2)          classify or continue the classification of information in 
            violation of this order or any implementing directive;
(3)          create or continue a special access program contrary to the 
            requirements of this order; or
(4)          contravene any other provision of this order or its 
            implementing directives.
    (c) Sanctions may include reprimand, suspension without pay, 
removal, termination of classification authority, loss or denial of 
access to classified information, or other sanctions in accordance with 
applicable law and agency regulation.
    (d) The agency head, senior agency official, or other supervisory 
official shall, at a minimum, promptly remove the classification 
authority of any individual who demonstrates reckless disregard or a 
pattern of error in applying the classification standards of this order.
    (e) The agency head or senior agency official shall:
(1)          take appropriate and prompt corrective action when a 
            violation or infraction under paragraph (b) of this section 
            occurs; and
(2)          notify the Director of the Information Security Oversight 
            Office when a violation under paragraph (b)(1), (2), or (3) 
            of this section occurs.

Part 6--General Provisions

    Sec. 6.1. Definitions. For purposes of this order:
    (a) ``Access'' means the ability or opportunity to gain knowledge of 
classified information.
    (b) ``Agency'' means any ``Executive agency,'' as defined in 5 
U.S.C. 105; any ``Military department'' as defined in 5 U.S.C. 102; and 
any other entity within the executive branch that comes into the 
possession of classified information.
    (c) ``Automated information system'' means an assembly of computer 
hardware, software, or firmware configured to collect, create, 
communicate, compute, disseminate, process, store, or control data or 
information.
    (d) ``Automatic declassification'' means the declassification of 
information based solely upon:
(1)          the occurrence of a specific date or event as determined by 
            the original classification authority; or
(2)          the expiration of a maximum time frame for duration of 
            classification established under this order.
    (e) ``Classification'' means the act or process by which information 
is determined to be classified information.
    (f) ``Classification guidance'' means any instruction or source that 
prescribes the classification of specific information.
    (g) ``Classification guide'' means a documentary form of 
classification guidance issued by an original classification authority

[[Page 374]]

that identifies the elements of information regarding a specific subject 
that must be classified and establishes the level and duration of 
classification for each such element.
    (h) ``Classified national security information'' or ``classified 
information'' means information that has been determined pursuant to 
this order or any predecessor order to require protection against 
unauthorized disclosure and is marked to indicate its classified status 
when in documentary form.
    (i) ``Confidential source'' means any individual or organization 
that has provided, or that may reasonably be expected to provide, 
information to the United States on matters pertaining to the national 
security with the expectation that the information or relationship, or 
both, are to be held in confidence.
    (j) ``Damage to the national security'' means harm to the national 
defense or foreign relations of the United States from the unauthorized 
disclosure of information, taking into consideration such aspects of the 
information as the sensitivity, value, utility, and provenance of that 
information.
    (k) ``Declassification'' means the authorized change in the status 
of information from classified information to unclassified information.
    (l) ``Declassification authority'' means:
(1)          the official who authorized the original classification, if 
            that official is still serving in the same position;
(2)          the originator's current successor in function;
(3)          a supervisory official of either; or
(4)          officials delegated declassification authority in writing 
            by the agency head or the senior agency official.
    (m) ``Declassification guide'' means written instructions issued by 
a declassification authority that describes the elements of information 
regarding a specific subject that may be declassified and the elements 
that must remain classified.
    (n) ``Derivative classification'' means the incorporating, 
paraphrasing, restating, or generating in new form information that is 
already classified, and marking the newly developed material consistent 
with the classification markings that apply to the source information. 
Derivative classification includes the classification of information 
based on classification guidance. The duplication or reproduction of 
existing classified information is not derivative classification.
    (o) ``Document'' means any recorded information, regardless of the 
nature of the medium or the method or circumstances of recording.
    (p) ``Downgrading'' means a determination by a declassification 
authority that information classified and safeguarded at a specified 
level shall be classified and safeguarded at a lower level.
    (q) ``File series'' means file units or documents arranged according 
to a filing system or kept together because they relate to a particular 
subject or function, result from the same activity, document a specific 
kind of transaction, take a particular physical form, or have some other 
relationship arising out of their creation, receipt, or use, such as 
restrictions on access or use.
    (r) ``Foreign government information'' means:
(1)          information provided to the United States Government by a 
            foreign government or governments, an international 
            organization of governments, or any element thereof, with 
            the expectation that the information, the source of the 
            information, or both, are to be held in confidence;
(2)          information produced by the United States Government 
            pursuant to or as a result of a joint arrangement with a 
            foreign government or governments, or an international 
            organization of governments, or any element thereof, 
            requiring that the information, the arrangement, or both, 
            are to be held in confidence; or
(3)          information received and treated as ``foreign government 
            information'' under the terms of a predecessor order.
    (s) ``Information'' means any knowledge that can be communicated or 
documentary material, regardless of its physical form or 
characteristics, that is owned by, produced by or for, or is under the 
control of the United States Government. ``Control'' means the authority 
of the agency that originates information, or its successor in function, 
to regulate access to the information.

[[Page 375]]

    (t) ``Infraction'' means any knowing, willful, or negligent action 
contrary to the requirements of this order or its implementing 
directives that does not constitute a ``violation,'' as defined below.
    (u) ``Integral file block'' means a distinct component of a file 
series, as defined in this section, that should be maintained as a 
separate unit in order to ensure the integrity of the records. An 
integral file block may consist of a set of records covering either a 
specific topic or a range of time such as presidential administration or 
a 5-year retirement schedule within a specific file series that is 
retired from active use as a group.
    (v) ``Integrity'' means the state that exists when information is 
unchanged from its source and has not been accidentally or intentionally 
modified, altered, or destroyed.
    (w) ``Mandatory declassification review'' means the review for 
declassification of classified information in response to a request for 
declassification that meets the requirements under section 3.5 of this 
order.
    (x) ``Multiple sources'' means two or more source documents, 
classification guides, or a combination of both.
    (y) ``National security'' means the national defense or foreign 
relations of the United States.
    (z) ``Need-to-know'' means a determination made by an authorized 
holder of classified information that a prospective recipient requires 
access to specific classified information in order to perform or assist 
in a lawful and authorized governmental function.
    (aa) ``Network'' means a system of two or more computers that can 
exchange data or information.
    (bb) ``Original classification'' means an initial determination that 
information requires, in the interest of the national security, 
protection against unauthorized disclosure.
    (cc) ``Original classification authority'' means an individual 
authorized in writing, either by the President, the Vice President in 
the performance of executive duties, or by agency heads or other 
officials designated by the President, to classify information in the 
first instance.
    (dd) ``Records'' means the records of an agency and Presidential 
papers or Presidential records, as those terms are defined in title 44, 
United States Code, including those created or maintained by a 
government contractor, licensee, certificate holder, or grantee that are 
subject to the sponsoring agency's control under the terms of the 
contract, license, certificate, or grant.
    (ee) ``Records having permanent historical value'' means 
Presidential papers or Presidential records and the records of an agency 
that the Archivist has determined should be maintained permanently in 
accordance with title 44, United States Code.
    (ff) ``Records management'' means the planning, controlling, 
directing, organizing, training, promoting, and other managerial 
activities involved with respect to records creation, records 
maintenance and use, and records disposition in order to achieve 
adequate and proper documentation of the policies and transactions of 
the Federal Government and effective and economical management of agency 
operations.
    (gg) ``Safeguarding'' means measures and controls that are 
prescribed to protect classified information.
    (hh) ``Self-inspection'' means the internal review and evaluation of 
individual agency activities and the agency as a whole with respect to 
the implementation of the program established under this order and its 
implementing directives.
    (ii) ``Senior agency official'' means the official designated by the 
agency head under section 5.4(d) of this order to direct and administer 
the agency's program under which information is classified, safeguarded, 
and declassified.
    (jj) ``Source document'' means an existing document that contains 
classified information that is incorporated, paraphrased, restated, or 
generated in new form into a new document.
    (kk) ``Special access program'' means a program established for a 
specific class of classified information that imposes safeguarding and 
access requirements that exceed those normally required for information 
at the same classification level.
    (ll) ``Systematic declassification review'' means the review for 
declassification of classified information contained in records that 
have been determined by the Archivist to

[[Page 376]]

have permanent historical value in accordance with title 44, United 
States Code.
    (mm) ``Telecommunications'' means the preparation, transmission, or 
communication of information by electronic means.
    (nn) ``Unauthorized disclosure'' means a communication or physical 
transfer of classified information to an unauthorized recipient.
    (oo) ``Violation'' means:
(1)          any knowing, willful, or negligent action that could 
            reasonably be expected to result in an unauthorized 
            disclosure of classified information;
(2)          any knowing, willful, or negligent action to classify or 
            continue the classification of information contrary to the 
            requirements of this order or its implementing directives; 
            or
(3)          any knowing, willful, or negligent action to create or 
            continue a special access program contrary to the 
            requirements of this order.
    (pp) ``Weapons of mass destruction'' means chemical, biological, 
radiological, and nuclear weapons.
    Sec. 6.2. General Provisions. (a) Nothing in this order shall 
supersede any requirement made by or under the Atomic Energy Act of 
1954, as amended, or the National Security Act of 1947, as amended. 
``Restricted Data'' and ``Formerly Restricted Data'' shall be handled, 
protected, classified, downgraded, and declassified in conformity with 
the provisions of the Atomic Energy Act of 1954, as amended, and 
regulations issued under that Act.
    (b) The Attorney General, upon request by the head of an agency or 
the Director of the Information Security Oversight Office, shall render 
an interpretation of this order with respect to any question arising in 
the course of its administration.
    (c) Nothing in this order limits the protection afforded any 
information by other provisions of law, including the Constitution, 
Freedom of Information Act exemptions, the Privacy Act of 1974, and the 
National Security Act of 1947, as amended. This order is not intended to 
and does not create any right or benefit, substantive or procedural, 
enforceable at law by a party against the United States, its 
departments, agencies, officers, employees, or agents. The foregoing is 
in addition to the specific provisos set forth in sections 3.1(b) and 
5.3(e) of this order.''
    (d) Executive Order 12356 of April 6, 1982, was revoked as of 
October 14, 1995.
    Sec. 6.3. Effective Date. This order is effective immediately, 
except for section 1.6, which shall become effective 180 days from the 
date of this order.
                                                George W. Bush
 The White House,
 March 25, 2003.

 [Filed with the Office of the Federal Register, 9:17 a.m., March 27, 
2003]

Note: This Executive order was published in the Federal Register on 
March 28.