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Date: Thu, 20 Nov 2008 13:10:13 -0500
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From: "James M. Atkinson" <jm..._at_tscm.com>
Subject: Leaky Ships on the Water
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I expect the Coast Guard is concerned because
they knowingly and willfully permitted insecure
systems to transmit, pass, contain, and process
classified information due to the TEMPEST,
NONSTOP, and HIJACK violations (I have their own documents which proves this).
In turn the CG knowingly and willfully allowed
the leaky ships to sail into hostile, foreign
waters, and thus through their deliberate actions
to disclose classified information to include
codes and ciphers to our enemies (again, I have
their own documents which proves this).
This is a root of the Deepwater problem, and
nobody is really calling the Coast Guard out on
this. Of course Congress and DHS does not trust
the Coast Guard, and have publicly said so... do you blame them?
Maybe the CG should be trying to "PR Spin" their
way out of this one, after all the CG is more
concerned with protecting their image, then they
are in protecting classified information.
Actually, to be more accurate, the CG is more
interested in protecting the Commandants image than anything else.
The journalists should be asking if the
Commandant has retained the services of a good criminal defense attorney yet.
Federal Law says that the death penalty could apply.
This sums it up nicely:
http://www.tscm.com/DeepWaterDooDoo/
and a simple summary
http://www.tscm.com/DeepWaterDooDoo/James%20Atkinson-Summary.pdf
and a more extensive document:
http://www.tscm.com/DeepWaterDooDoo/JamesAtkinsonwrittenTestimony.pdf
James M. Atkinson
Granite Island Group
http://www.tscm.com/
jm..._at_tscm.com
(978) 546-3803
TITLE 18 > PART I > CHAPTER 115 > § 2381
§ 2381. Treason
Whoever, owing allegiance to the United States,
levies war against them or adheres to their
enemies, giving them aid and comfort within the
United States or elsewhere, is guilty of treason
and shall suffer death, or shall be imprisoned
not less than five years and fined under this
title but not less than $10,000; and shall be
incapable of holding any office under the United States.
TITLE 18 > PART I > CHAPTER 37 > § 798
§ 798. Disclosure of classified information
(a) Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes
available to an unauthorized person, or
publishes, or uses in any manner prejudicial to
the safety or interest of the United States or
for the benefit of any foreign government to the
detriment of the United States any classified information
(1) concerning the nature, preparation, or use of
any code, cipher, or cryptographic system of the
United States or any foreign government; or
(2) concerning the design, construction, use,
maintenance, or repair of any device, apparatus,
or appliance used or prepared or planned for use
by the United States or any foreign government
for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence
activities of the United States or any foreign government; or
(4) obtained by the processes of communication
intelligence from the communications of any
foreign government, knowing the same to have been obtained by such processes
Shall be fined under this title or imprisoned not
more than ten years, or both.
(b) As used in subsection (a) of this section
The term classified information means
information which, at the time of a violation of
this section, is, for reasons of national
security, specifically designated by a United
States Government Agency for limited or
restricted dissemination or distribution;
The terms code, cipher, and cryptographic
system include in their meanings, in addition to
their usual meanings, any method of secret
writing and any mechanical or electrical device
or method used for the purpose of disguising or
concealing the contents, significance, or meanings of communications;
The term foreign government includes in its
meaning any person or persons acting or
purporting to act for or on behalf of any
faction, party, department, agency, bureau, or
military force of or within a foreign country, or
for or on behalf of any government or any person
or persons purporting to act as a government
within a foreign country, whether or not such
government is recognized by the United States;
The term communication intelligence means all
procedures and methods used in the interception
of communications and the obtaining of
information from such communications by other than the intended recipients;
The term unauthorized person means any person
who, or agency which, is not authorized to
receive information of the categories set forth
in subsection (a) of this section, by the
President, or by the head of a department or
agency of the United States Government which is
expressly designated by the President to engage
in communication intelligence activities for the United States.
(c) Nothing in this section shall prohibit the
furnishing, upon lawful demand, of information to
any regularly constituted committee of the Senate
or House of Representatives of the United States
of America, or joint committee thereof.
(d)
(1) Any person convicted of a violation of this
section shall forfeit to the United States
irrespective of any provision of State law
(A) any property constituting, or derived from,
any proceeds the person obtained, directly or
indirectly, as the result of such violation; and
(B) any of the persons property used, or
intended to be used, in any manner or part, to
commit, or to facilitate the commission of, such violation.
(2) The court, in imposing sentence on a
defendant for a conviction of a violation of this
section, shall order that the defendant forfeit
to the United States all property described in paragraph (1).
(3) Except as provided in paragraph (4), the
provisions of subsections (b), (c), and (e)
through (p) of section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853 (b), (c), and (e)(p)), shall apply to
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524 (c) of title 28,
there shall be deposited in the Crime Victims
Fund established under section 1402 of the
Victims of Crime Act of 1984 (42 U.S.C. 10601)
all amounts from the forfeiture of property under
this subsection remaining after the payment of
expenses for forfeiture and sale authorized by law.
(5) As used in this subsection, the term State
means any State of the United States, the
District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
Source
(July 26, 1947, ch. 343, title VIII, § 801, as
added Pub. L. 103359, title VIII, § 802(a), Oct.
14, 1994, 108 Stat. 3435; amended Pub. L.
106120, title III, § 305(a), Dec. 3, 1999, 113
Stat. 1611; Pub. L. 107306, title III, §
353(b)(2)(B), Nov. 27, 2002, 116 Stat. 2402.)
Amendments
2002Subsec. (b)(2). Pub. L. 107306 substituted
congressional intelligence committees for
Permanent Select Committee on Intelligence of
the House of Representatives and the Select
Committee on Intelligence of the Senate.
1999Subsec. (a)(3). Pub. L. 106120 substituted
travel records, and computers used in the
performance of Government duties for and travel records.
Effective Date of 1999 Amendment
Pub. L. 106120, title III, § 305(c), Dec. 3,
1999, 113 Stat. 1612, provided that: The
President shall modify the procedures required by
section 801(a)(3) of the National Security Act of
1947 [50 U.S.C. 435 (a)(3)] to take into account
the amendment to that section made by subsection
(a) of this section not later than 90 days after
the date of the enactment of this Act [Dec. 3, 1999].
Effective Date
Section 802(c) of Pub. L. 103359 provided that:
The amendments made by subsections (a) and (b)
[enacting this subchapter] shall take effect 180
days after the date of enactment of this Act [Oct. 14, 1994].
Declassification of Information
Pub. L. 106567, title VII, Dec. 27, 2000, 114
Stat. 2856, as amended by Pub. L. 108458, title
I, § 1102, Dec. 17, 2004, 118 Stat. 3699, provided that:
SEC. 701. SHORT TITLE.
This title may be cited as the Public Interest
Declassification Act of 2000.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish
an effective, coordinated, and cost-effective
means by which records on specific subjects of
extraordinary public interest that do not
undermine the national security interests of the
United States may be collected, retained,
reviewed, and disseminated to Congress,
policymakers in the executive branch, and the public.
(2) Ensuring, through such measures, public
access to information that does not require
continued protection to maintain the national
security interests of the United States is a key
to striking the balance between secrecy essential
to national security and the openness that is
central to the proper functioning of the
political institutions of the United States.
SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Establishment.(1) There is established
within the executive branch of the United States
a board to be known as the Public Interest
Declassification Board (in this title referred to as the Board).
(2) The Board shall report directly to the
President or, upon designation by the President,
the Vice President, the Attorney General, or
other designee of the President. The other
designee of the President under this paragraph
may not be an agency head or official authorized
to classify information under Executive Order
12958 [set out below], or any successor order.
(b) Purposes.The purposes of the Board are as follows:
(1) To advise the President, the Assistant to
the President for National Security Affairs, the
Director of the Office of Management and Budget,
and such other executive branch officials as the
Board considers appropriate on the systematic,
thorough, coordinated, and comprehensive
identification, collection, review for
declassification, and release to Congress,
interested agencies, and the public of
declassified records and materials (including
donated historical materials) that are of
archival value, including records and materials
of extraordinary public interest.
(2) To promote the fullest possible public
access to a thorough, accurate, and reliable
documentary record of significant United States
national security decisions and significant
United States national security activities in order to
(A) support the oversight and legislative functions of Congress;
(B) support the policymaking role of the executive branch;
(C) respond to the interest of the public in national security matters; and
(D) promote reliable historical analysis and new
avenues of historical study in national security matters.
(3) To provide recommendations to the President
for the identification, collection, and review
for declassification of information of
extraordinary public interest that does not
undermine the national security of the United
States, to be undertaken in accordance with a
declassification program that has been
established or may be established by the President by Executive order.
(4) To advise the President, the Assistant to
the President for National Security Affairs, the
Director of the Office of Management and Budget,
and such other executive branch officials as the
Board considers appropriate on policies deriving
from the issuance by the President of Executive
orders regarding the classification and
declassification of national security information.
(5) To review and make recommendations to the
President in a timely manner with respect to any
congressional request, made by the committee of
jurisdiction, to declassify certain records or to
reconsider a declination to declassify specific records.
(c) Membership.(1) The Board shall be composed
of nine individuals appointed from among citizens
of the United States who are preeminent in the
fields of history, national security, foreign
policy, intelligence policy, social science, law,
or archives, including individuals who have
served in Congress or otherwise in the Federal
Government or have otherwise engaged in research,
scholarship, or publication in such fields on
matters relating to the national security of the United States, of whom
(A) five shall be appointed by the President;
(B) one shall be appointed by the Speaker of the House of Representatives;
(C) one shall be appointed by the majority leader of the Senate;
(D) one shall be appointed by the minority leader of the Senate; and
(E) one shall be appointed by the minority
leader of the House of Representatives.
(2)(A) Of the members initially appointed to the Board by the President
(i) three shall be appointed for a term of 4 years;
(ii) one shall be appointed for a term of 3 years; and
(iii) one shall be appointed for a term of 2 years.
(B) The members initially appointed to the Board
by the Speaker of the House of Representatives or
by the majority leader of the Senate shall be appointed for a term of 3 years.
(C) The members initially appointed to the Board
by the minority leader of the House of
Representatives or the Senate shall be appointed for a term of 2 years.
(D) Any subsequent appointment to the Board shall be for a term of 3 years.
(3) A vacancy in the Board shall be filled in
the same manner as the original appointment. A
member of the Board appointed to fill a vacancy
before the expiration of a term shall serve for the remainder of the term.
(4) A member of the Board may be appointed to a
new term on the Board upon the expiration of the
members term on the Board, except that no member
may serve more than three full terms on the Board.
(d) Chairperson; Executive Secretary.(1)(A) The
President shall designate one of the members of
the Board as the Chairperson of the Board.
(B) The term of service as Chairperson of the Board shall be 2 years.
(C) A member serving as Chairperson of the Board
may be redesignated as Chairperson of the Board
upon the expiration of the members term as
Chairperson of the Board, except that no member
shall serve as Chairperson of the Board for more than 6 years.
(2) The Director of the Information Security
Oversight Office shall serve as the Executive Secretary of the Board.
(e) Meetings.The Board shall meet as needed to
accomplish its mission, consistent with the
availability of funds. A majority of the members
of the Board shall constitute a quorum.
(f) Staff.Any employee of the Federal
Government may be detailed to the Board, with the
agreement of and without reimbursement to the
detailing agency, and such detail shall be
without interruption or loss of civil, military,
or foreign service status or privilege.
(g) Security.(1) The members and staff of the
Board shall, as a condition of appointment to or
employment with the Board, hold appropriate
security clearances for access to the classified
records and materials to be reviewed by the Board
or its staff, and shall follow the guidance and
practices on security under applicable Executive
orders and Presidential or agency directives.
(2) The head of an agency shall, as a condition
of granting access to a member of the Board, the
Executive Secretary of the Board, or a member of
the staff of the Board to classified records or
materials of the agency under this title, require
the member, the Executive Secretary, or the
member of the staff, as the case may be, to
(A) execute an agreement regarding the security
of such records or materials that is approved by the head of the agency; and
(B) hold an appropriate security clearance
granted or recognized under the standard
procedures and eligibility criteria of the
agency, including any special access approval
required for access to such records or materials.
(3) The members of the Board, the Executive
Secretary of the Board, and the members of the
staff of the Board may not use any information
acquired in the course of their official
activities on the Board for nonofficial purposes.
(4) For purposes of any law or regulation
governing access to classified information that
pertains to the national security of the United
States, and subject to any limitations on access
arising under section 706 (b), and to facilitate
the advisory functions of the Board under this
title, a member of the Board seeking access to a
record or material under this title shall be
deemed for purposes of this subsection to have a
need to know the contents of the record or material.
(h) Compensation.(1) Each member of the Board
shall receive compensation at a rate not to
exceed the daily equivalent of the annual rate of
basic pay payable for positions at ES1 of the
Senior Executive Service under section 5382 of
title 5, United States Code, for each day such
member is engaged in the actual performance of duties of the Board.
(2) Members of the Board shall be allowed travel
expenses, including per diem in lieu of
subsistence at rates authorized for employees of
agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from
their homes or regular places of business in the
performance of the duties of the Board.
(i) Guidance; Annual Budget.(1) On behalf of
the President, the Assistant to the President for
National Security Affairs shall provide guidance on policy to the Board.
(2) The Executive Secretary of the Board, under
the direction of the Chairperson of the Board and
the Board, and acting in consultation with the
Archivist of the United States, the Assistant to
the President for National Security Affairs, and
the Director of the Office of Management and
Budget, shall prepare the annual budget of the Board.
(j) Support.The Information Security Oversight
Office may support the activities of the Board
under this title. Such support shall be provided on a reimbursable basis.
(k) Public Availability of Records and
Reports.(1) The Board shall make available for
public inspection records of its proceedings and
reports prepared in the course of its activities
under this title to the extent such records and
reports are not classified and would not be
exempt from release under the provisions of
section 552 of title 5, United States Code.
(2) In making records and reports available
under paragraph (1), the Board shall coordinate
the release of such records and reports with
appropriate officials from agencies with
expertise in classified information in order to
ensure that such records and reports do not
inadvertently contain classified information.
(l) Applicability of Certain Administrative
Laws.The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to
the activities of the Board under this title.
However, the records of the Board shall be
governed by the provisions of the Federal Records
Act of 1950 [see References in Text note under
section 450j of Title 25, Indians].
SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW
FOR DECLASSIFICATION OF INFORMATION OF ARCHIVAL
VALUE OR EXTRAORDINARY PUBLIC INTEREST.
(a) Briefings on Agency Declassification
Programs.(1) As requested by the Board, or by
the Select Committee on Intelligence of the
Senate or the Permanent Select Committee on
Intelligence of the House of Representatives, the
head of any agency with the authority under an
Executive order to classify information shall
provide to the Board, the Select Committee on
Intelligence of the Senate, or the Permanent
Select Committee on Intelligence of the House of
Representatives, on an annual basis, a summary
briefing and report on such agencys progress and
plans in the declassification of national
security information. Such briefing shall cover
the declassification goals set by statute,
regulation, or policy, the agencys progress with
respect to such goals, and the agencys planned
goals and priorities for its declassification
activities over the next 2 fiscal years. Agency
briefings and reports shall give particular
attention to progress on the declassification of
records and materials that are of archival value
or extraordinary public interest to the people of the United States.
(2)(A) The annual briefing and report under
paragraph (1) for agencies within the Department
of Defense, including the military departments
and the elements of the intelligence community,
shall be provided on a consolidated basis.
(B) In this paragraph, the term elements of the
intelligence community means the elements of the
intelligence community specified or designated
under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a (4)).
(b) Recommendations on Agency Declassification
Programs.(1) Upon reviewing and discussing
declassification plans and progress with an
agency, the Board shall provide to the head of
the agency the written recommendations of the
Board as to how the agencys declassification
program could be improved. A copy of each
recommendation shall also be submitted to the
Assistant to the President for National Security
Affairs and the Director of the Office of Management and Budget.
(2) Consistent with the provisions of section
703 (k), the Boards recommendations to the head
of an agency under paragraph (1) shall become
public 60 days after such recommendations are
sent to the head of the agency under that paragraph.
(c) Recommendations on Special Searches for
Records of Extraordinary Public Interest.(1) The
Board shall also make recommendations to the
President regarding proposed initiatives to
identify, collect, and review for
declassification classified records and materials
of extraordinary public interest.
(2) In making recommendations under paragraph
(1), the Board shall consider the following:
(A) The opinions and requests of Members of
Congress, including opinions and requests
expressed or embodied in letters or legislative
proposals, and also including specific requests
for the declassification of certain records or
for the reconsideration of declinations to declassify specific records.
(B) The opinions and requests of the National
Security Council, the Director of Central
Intelligence, and the heads of other agencies.
(C) The opinions of United States citizens.
(D) The opinions of members of the Board.
(E) The impact of special searches on systematic
and all other on-going declassification programs.
(F) The costs (including budgetary costs) and
the impact that complying with the
recommendations would have on agency budgets, programs, and operations.
(G) The benefits of the recommendations.
(H) The impact of compliance with the
recommendations on the national security of the United States.
(d) Presidents Declassification Priorities.(1)
Concurrent with the submission to Congress of the
budget of the President each fiscal year under
section 1105 of title 31, United States Code, the
Director of the Office of Management and Budget
shall publish a description of the Presidents
declassification program and priorities, together
with a listing of the funds requested to implement that program.
(2) Nothing in this title shall be construed to
substitute or supersede, or establish a funding
process for, any declassification program that
has been established or may be established by the
President by Executive order.
(e) Declassification Reviews.If requested by
the President, the Board shall review in a timely
manner certain records or declinations to
declassify specific records, the declassification
of which has been the subject of specific
congressional request described in section 703 (b)(5).
SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER INFORMATION.
(a) In General.Nothing in this title shall be
construed to limit the authority of the head of
an agency to classify information or to continue
the classification of information previously classified by that agency.
(b) Special Access Programs.Nothing in this
title shall be construed to limit the authority
of the head of an agency to grant or deny access to a special access program.
(c) Authorities of Director of Central
Intelligence.Nothing in this title shall be
construed to limit the authorities of the
Director of Central Intelligence as the head of
the intelligence community, including the
Directors responsibility to protect intelligence
sources and methods from unauthorized disclosure
as required by section 103(c)(6) of the National
Security Act of 1947 ([former] 50 U.S.C. 4033 (c)(6)).
(d) Exemptions to Release of
Information.Nothing in this title shall be
construed to limit any exemption or exception to
the release to the public under this title of
information that is protected under subsection
(b) of section 552 of title 5, United States Code
(commonly referred to as the Freedom of
Information Act), or section 552a of title 5,
United States Code (commonly referred to as the Privacy Act).
(e) Withholding Information From
Congress.Nothing in this title shall be
construed to authorize the withholding of information from Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) Liaison.(1) The head of each agency with
the authority under an Executive order to
classify information and the head of each Federal
Presidential library shall designate an employee
of such agency or library to act as liaison to
the Board for purposes of this title.
(2) The Board may establish liaison and
otherwise consult with such other historical and
advisory committees as the Board considers
appropriate for purposes of this title.
(b) Limitations on Access.(1)(A) Except as
provided in paragraph (2), if the head of an
agency or the head of a Federal Presidential
library determines it necessary to deny or
restrict access of the Board, or of the agency or
library liaison to the Board, to information
contained in a record or material, in whole or in
part, the head of the agency or the head of the
library shall promptly notify the Board in writing of such determination.
(B) Each notice to the Board under subparagraph
(A) shall include a description of the nature of
the records or materials, and a justification for
the determination, covered by such notice.
(2) In the case of a determination referred to
in paragraph (1) with respect to a special access
program created by the Secretary of Defense, the
Director of Central Intelligence, or the head of
any other agency, the notification of denial of
access under paragraph (1), including a
description of the nature of the Boards request
for access, shall be submitted to the Assistant
to the President for National Security Affairs rather than to the Board.
(c) Discretion To Disclose.At the conclusion of
a declassification review, the head of an agency
may, in the discretion of the head of the agency,
determine that the publics interest in the
disclosure of records or materials of the agency
covered by such review, and still properly
classified, outweighs the Governments need to
protect such records or materials, and may
release such records or materials in accordance
with the provisions of Executive Order No. 12958
[set out below] or any successor order to such Executive order.
(d) Discretion To Protect.At the conclusion of
a declassification review, the head of an agency
may, in the discretion of the head of the agency,
determine that the interest of the agency in the
protection of records or materials of the agency
covered by such review, and still properly
classified, outweighs the publics need for
access to such records or materials, and may deny
release of such records or materials in
accordance with the provisions of Executive Order
No. 12958 or any successor order to such Executive order.
(e) Reports.(1)(A) Except as provided in
paragraph (2), the Board shall annually submit to
the appropriate congressional committees a report
on the activities of the Board under this title,
including summary information regarding any
denials to the Board by the head of an agency or
the head of a Federal Presidential library of
access to records or materials under this title.
(B) In this paragraph, the term appropriate
congressional committees means the Select
Committee on Intelligence and the Committee on
Governmental Affairs [now Committee on Homeland
Security and Governmental Affairs] of the Senate
and the Permanent Select Committee on
Intelligence and the Committee on Government
Reform of the House of Representatives.
(2) Notwithstanding paragraph (1), notice that
the Board has been denied access to records and
materials, and a justification for the
determination in support of the denial, shall be
submitted by the agency denying the access as follows:
(A) In the case of the denial of access to a
special access program created by the Secretary
of Defense, to the Committees on Armed Services
and Appropriations of the Senate and to the
Committees on Armed Services and Appropriations
of the House of Representatives.
(B) In the case of the denial of access to a
special access program created by the Director of
Central Intelligence, or by the head of any other
agency (including the Department of Defense) if
the special access program pertains to
intelligence activities, or of access to any
information and materials relating to
intelligence sources and methods, to the Select
Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of Representatives.
(C) In the case of the denial of access to a
special access program created by the Secretary
of Energy or the Administrator for Nuclear
Security, to the Committees on Armed Services and
Appropriations and the Select Committee on
Intelligence of the Senate and to the Committees
on Armed Services and Appropriations and the
Permanent Select Committee on Intelligence of the House of Representatives.
(f) Notification of Review.In response to a
specific congressional request for
declassification review described in section 703
(b)(5), the Board shall advise the originators of
the request in a timely manner whether the Board
intends to conduct such review.
SEC. 707. JUDICIAL REVIEW.
Nothing in this title limits the protection
afforded to any information under any other
provision of law. This title is not intended and
may not be construed to create any right or
benefit, substantive or procedural, enforceable
against the United States, its agencies, its
officers, or its employees. This title does not
modify in any way the substantive criteria or
procedures for the classification of information,
nor does this title create any right or benefit subject to judicial review.
SEC. 708. FUNDING.
(a) Authorization of Appropriations.There is
hereby authorized to be appropriated to carry out
the provisions of this title amounts as follows:
(1) For fiscal year 2001, $650,000.
(2) For each fiscal year after fiscal year 2001,
such sums as may be necessary for such fiscal year.
(b) Funding Requests.The President shall
include in the budget submitted to Congress for
each fiscal year under section 1105 of title 31,
United States Code, a request for amounts for the
activities of the Board under this title during such fiscal year.
SEC. 709. DEFINITIONS.
In this title:
(1) Agency.(A) Except as provided in
subparagraph (B), the term agency means the following:
(i) An Executive agency, as that term is defined
in section 105 of title 5, United States Code.
(ii) A military department, as that term is
defined in section 102 of such title.
(iii) Any other entity in the executive branch
that comes into the possession of classified information.
(B) The term does not include the Board.
(2) Classified material or record.The terms
classified material and classified record
include any correspondence, memorandum, book,
plan, map, drawing, diagram, pictorial or graphic
work, photograph, film, microfilm, sound
recording, videotape, machine readable records,
and other documentary material, regardless of
physical form or characteristics, that has been
determined pursuant to Executive order to require
protection against unauthorized disclosure in the
interests of the national security of the United States.
(3) Declassification.The term
declassification means the process by which
records or materials that have been classified
are determined no longer to require protection
from unauthorized disclosure to protect the
national security of the United States.
(4) Donated historical material.The term
donated historical material means collections
of personal papers donated or given to a Federal
Presidential library or other archival repository
under a deed of gift or otherwise.
(5) Federal presidential library.The term
Federal Presidential library means a library
operated and maintained by the United States
Government through the National Archives and
Records Administration under the applicable
provisions of the Federal Records Act of 1950
[see References in Text note under section 450j of Title 25, Indians].
(6) National security.The term national
security means the national defense or foreign
relations of the United States.
(7) Records or materials of extraordinary public
interest.The term records or materials of
extraordinary public interest means records or materials that
(A) demonstrate and record the national security
policies, actions, and decisions of the United States, including
(i) policies, events, actions, and decisions
which led to significant national security outcomes; and
(ii) the development and evolution of
significant United States national security policies, actions, and decisions;
(B) will provide a significantly different
perspective in general from records and materials
publicly available in other historical sources; and
(C) would need to be addressed through ad hoc
record searches outside any systematic
declassification program established under Executive order.
(8) Records of archival value.The term records
of archival value means records that have been
determined by the Archivist of the United States
to have sufficient historical or other value to
warrant their continued preservation by the Federal Government.
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) Effective Date.This title shall take effect
on the date that is 120 days after the date of
the enactment of this Act [Dec. 27, 2000].
(b) Sunset.The provisions of this title shall
expire 8 years after the date of the enactment of
this Act, unless reauthorized by statute.
[Reference to the Director of Central
Intelligence or the Director of the Central
Intelligence Agency in the Directors capacity as
the head of the intelligence community deemed to
be a reference to the Director of National
Intelligence. Reference to the Director of
Central Intelligence or the Director of the
Central Intelligence Agency in the Directors
capacity as the head of the Central Intelligence
Agency deemed to be a reference to the Director
of the Central Intelligence Agency. See section
1081(a), (b) of Pub. L. 108458, set out as a
note under section 401 of this title.]
Compilation and Organization of Previously Declassified Records
Pub. L. 106398, § 1 [[div. A], title X, §
1075(c), (d)], Oct. 30, 2000, 114 Stat. 1654, 1654A280, provided that:
(c) Compilation and Organization of Records.The
Department of Defense may not be required, when
conducting a special search, to compile or
organize records that have already been
declassified and placed into the public domain.
(d) Special Searches.For the purpose of this
section, the term special search means the
response of the Department of Defense to any of the following:
(1) A statutory requirement to conduct a
declassification review on a specified set of agency records.
(2) An Executive order to conduct a
declassification review on a specified set of agency records.
(3) An order from the President or an official
with delegated authority from the President to
conduct a declassification review on a specified set of agency records.
Certification and Report Related to Automatic
Declassification of Department of Defense Records
Pub. L. 10665, div. A, title X, § 1041(c), (d),
Oct. 5, 1999, 113 Stat. 758, provided that:
(c) Certification Required With Respect To
Automatic Declassification of Records.No records
of the Department of Defense that have not been
reviewed for declassification shall be subject to
automatic declassification unless the Secretary
of Defense certifies to Congress that such
declassification would not harm the national security.
(d) Report on Automatic Declassification of
Department of Defense Records.Not later than
February 1, 2001, the Secretary of Defense shall
submit to the Committee on Armed Services of the
House of Representatives and the Committee on
Armed Services of the Senate a report on the
efforts of the Department of Defense relating to
the declassification of classified records under
the control of the Department of Defense. Such
report shall include the following:
(1) An assessment of whether the Department will
be able to review all relevant records for
declassification before any date established for automatic declassification.
(2) An estimate of the cost of reviewing records
to meet any requirement to review all relevant
records for declassification by a date
established for automatic declassification.
(3) An estimate of the number of records, if
any, that the Department will be unable to review
for declassification before any such date and the
affect [sic] on national security of the
automatic declassification of those records.
(4) An estimate of the length of time by which
any such date would need to be extended to avoid
the automatic declassification of records that
have not yet been reviewed as of such date.
Supplement to Plan for Declassification of
Restricted Data and Formerly Restricted Data
Pub. L. 10665, div. C, title XXXI, § 3149, Oct.
5, 1999, 113 Stat. 938, which was formerly set
out as a note under this section, was renumbered
section 4523 of Pub. L. 107314, the Bob Stump
National Defense Authorization Act for Fiscal
Year 2003, by Pub. L. 108136, div. C, title
XXXI, § 3141(h)(13)(A)(C), Nov. 24, 2003, 117
Stat. 1775, and is classified to section 2673 of this title.
Identification in Budget Materials of Amounts for
Declassification Activities and Limitation on Expenditures for Such Activities
Pub. L. 10665, div. C, title XXXI, § 3173, Oct.
5, 1999, 113 Stat. 949, which was formerly set
out as a note under this section, was renumbered
section 4525 of Pub. L. 107314, the Bob Stump
National Defense Authorization Act for Fiscal
Year 2003, by Pub. L. 108136, div. C, title
XXXI, § 3141(h)(15)(A)(C), Nov. 24, 2003, 117
Stat. 1775, and is classified to section 2675 of this title.
Protection Against Inadvertent Release of
Restricted Data and Formerly Restricted Data
Pub. L. 105261, div. C, title XXXI, § 3161, Oct.
17, 1998, 112 Stat. 2259, as amended by Pub. L.
10665, div. A, title X, § 1067(3), Oct. 5, 1999,
113 Stat. 774; Pub. L. 106398, § 1 [div. C,
title XXXI, § 3193(a)], Oct. 30, 2000, 114 Stat.
1654, 1654A480, which was formerly set out as a
note under this section, was renumbered section
4522 of Pub. L. 107314, the Bob Stump National
Defense Authorization Act for Fiscal Year 2003,
by Pub. L. 108136, div. C, title XXXI, §
3141(h)(12)(A)(C), Nov. 24, 2003, 117 Stat.
1774, and is classified to section 2672 of this title.
Secrecy Agreements Used in Intelligence Activities
Pub. L. 10493, title III, § 306, Jan. 6, 1996,
109 Stat. 966, provided that: Notwithstanding
any other provision of law not specifically
referencing this section, a nondisclosure policy
form or agreement that is to be executed by a
person connected with the conduct of an
intelligence or intelligence-related activity,
other than an employee or officer of the United
States Government, may contain provisions
appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at a minimum
(1) require that the person will not disclose
any classified information received in the course
of such activity unless specifically authorized
to do so by the United States Government; and
(2) provide that the form or agreement does not bar
(A) disclosures to Congress; or
(B) disclosures to an authorized official of an
executive agency that are deemed essential to
reporting a violation of United States law.
Voluntary Service Program
Pub. L. 10493, title IV, § 402, Jan. 6, 1996,
109 Stat. 969, authorized the Director of Central
Intelligence to establish and maintain a program
from fiscal years 1996 through 2001 to utilize
the services contributed by not more than 50
annuitants who served without compensation as
volunteers in aid of the review for
declassification or downgrading of classified
information by the Central Intelligence Agency
under applicable Executive orders governing the
classification and declassification of national
security information and Pub. L. 102526 (44 U.S.C. 2107 note ).
Commission on Protecting and Reducing Government Secrecy
Pub. L. 103236, title IX, Apr. 30, 1994, 108 Stat. 525, provided that:
SEC. 901. SHORT TITLE.
This title may be cited as the Protection and
Reduction of Government Secrecy Act.
SEC. 902. FINDINGS.
The Congress makes the following findings:
(1) During the Cold War an extensive secrecy
system developed which limited public access to
information and reduced the ability of the public
to participate with full knowledge in the process
of governmental decisionmaking.
(2) In 1992 alone 6,349,532 documents were
classified and approximately three million
persons held some form of security clearance.
(3) The burden of managing more than 6 million
newly classified documents every year has led to
tremendous administrative expense, reduced
communication within the government and within
the scientific community, reduced communication
between the government and the people of the
United States, and the selective and unauthorized
public disclosure of classified information.
(4) It has been estimated that private
businesses spend more than $14 billion each year
implementing government mandated regulations for
protecting classified information.
(5) If a smaller amount of truly sensitive
information were classified the information could be held more securely.
(6) In 1970 a Task Force organized by the
Defense Science Board and headed by Dr. Frederick
Seitz concluded that more might be gained than
lost if our Nation were to adoptunilaterally, if
necessarya policy of complete openness in all areas of information.
(7) The procedures for granting security
clearances have themselves become an expensive
and inefficient part of the secrecy system and should be closely examined.
(8) A bipartisan study commission specially
constituted for the purpose of examining the
consequences of the secrecy system will be able
to offer comprehensive proposals for reform.
SEC. 903. PURPOSE.
It is the purpose of this title to establish for
a two-year period a Commission on Protecting and Reducing Government Secrecy
(1) to examine the implications of the extensive
classification of information and to make
recommendations to reduce the volume of
information classified and thereby to strengthen
the protection of legitimately classified information; and
(2) to examine and make recommendations
concerning current procedures relating to the granting of security clearances.
SEC. 904. COMPOSITION OF THE COMMISSION.
(a) Establishment.To carry out the purpose of
this title, there is established a Commission on
Protecting and Reducing Government Secrecy (in
this title referred to as the Commission).
(b) Composition.The Commission shall be
composed of twelve members, as follows:
(1) Four members appointed by the President, of
whom two shall be appointed from the executive
branch of the Government and two shall be appointed from private life.
(2) Two members appointed by the Majority Leader
of the Senate, of whom one shall be a Member of
the Senate and one shall be appointed from private life.
(3) Two members appointed by the Minority Leader
of the Senate, of whom one shall be a Member of
the Senate and one shall be appointed from private life.
(4) Two members appointed by the Speaker of the
House of Representatives, of whom one shall be a
Member of the House and one shall be appointed from private life.
(5) Two members appointed by the Minority Leader
of the House of Representatives, of whom one
shall be a Member of the House and one shall be appointed from private life.
(c) Chairman.The Commission shall elect a Chairman from among its members.
(d) Quorum; Vacancies.After its initial
meeting, the Commission shall meet upon the call
of the Chairman or a majority of its members.
Seven members of the Commission shall constitute
a quorum. Any vacancy in the Commission shall not
affect its powers but shall be filled in the same
manner in which the original appointment was made.
(e) Appointment of Members; Initial Meeting.(1)
It is the sense of the Congress that members of
the Commission should be appointed not later than
60 days after the date of enactment of this title [Apr. 30, 1994].
(2) If after 60 days from the date of enactment
of this Act seven or more members of the
Commission have been appointed, those members who
have been appointed may meet and select a
Chairman who thereafter shall have authority to
begin the operations of the Commission, including the hiring of staff.
SEC. 905. FUNCTIONS OF THE COMMISSION.
The functions of the Commission shall be
(1) to conduct, for a period of 2 years from the
date of its first meeting, an investigation into
all matters in any way related to any
legislation, executive order, regulation,
practice, or procedure relating to classified
information or granting security clearances; and
(2) to submit to the Congress a final report
containing such recommendations concerning the
classification of national security information
and the granting of security clearances as the
Commission shall determine, including proposing
new procedures, rules, regulations, or legislation.
SEC. 906. POWERS OF THE COMMISSION.
(a) In General.(1) The Commission or, on the
authorization of the Commission, any subcommittee
or member thereof, may, for the purpose of
carrying out the provisions of this title
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive
such evidence, administer such oaths, and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and
the production of such books, records,
correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee
or designated member may deem advisable.
(2) Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the Chairman of
the Commission, the chairman of any designated
subcommittee, or any designated member, and may
be served by any person designated by such
Chairman, subcommittee chairman, or member. The
provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C.
192194) shall apply in the case of any failure
of any witness to comply with any subpoena or to
testify when summoned under authority of this section.
(b) Contracting.The Commission may, to such
extent and in such amounts as are provided in
appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this title.
(c) Information From Federal Agencies.The
Commission is authorized to secure directly from
any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government information,
suggestions, estimates, and statistics for the
purposes of this title. Each such department,
bureau, agency, board, commission, office,
establishment, or instrumentality shall, to the
extent authorized by law, furnish such
information, suggestions, estimates, and
statistics directly to the Commission, upon request made by the Chairman.
(d) Assistance From Federal Agencies.(1) The
Secretary of State is authorized on a
reimbursable or non-reimbursable basis to provide
the Commission with administrative services,
funds, facilities, staff, and other support
services for the performance of the Commissions functions.
(2) The Administrator of General Services shall
provide to the Commission on a reimbursable basis
such administrative support services as the Commission may request.
(3) In addition to the assistance set forth in
paragraphs (1) and (2), departments and agencies
of the United States are authorized to provide to
the Commission such services, funds, facilities,
staff, and other support services as they may
deem advisable and as may be authorized by law.
(e) Gifts.The Commission may accept, use, and
dispose of gifts or donations of services or property.
(f) Postal Services.The Commission may use the
United States mails in the same manner and under
the same conditions as departments and agencies of the United States.
SEC. 907. STAFF OF THE COMMISSION.
(a) In General.The Chairman, in accordance with
rules agreed upon by the Commission, may appoint
and fix the compensation of a staff director and
such other personnel as may be necessary to
enable the Commission to carry out its functions,
without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates,
except that no rate of pay fixed under this
subsection may exceed the equivalent of that
payable to a person occupying a position at level
V of the Executive Schedule under section 5316 of
title 5, United States Code. Any Federal
Government employee may be detailed to the
Commission without reimbursement from the
Commission, and such detailee shall retain the
rights, status, and privileges of his or her
regular employment without interruption.
(b) Consultant Services.The Commission is
authorized to procure the services of experts and
consultants in accordance with section 3109 of
title 5, United States Code, but at rates not to
exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
SEC. 908. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.(1) Except as provided in
paragraph (2), each member of the Commission may
be compensated at not to exceed the daily
equivalent of the annual rate of basic pay in
effect for a position at level IV of the
Executive Schedule under section 5315 of title 5,
United States Code, for each day during which
that member is engaged in the actual performance
of the duties of the Commission.
(2) Members of the Commission who are officers
or employees of the United States or Members of
Congress shall receive no additional pay on
account of their service on the Commission.
(b) Travel Expenses.While away from their homes
or regular places of business in the performance
of services for the Commission, members of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in
the Government service are allowed expenses under
section 5703 (b) of title 5, United States Code.
SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and
agencies shall cooperate with the Commission in
expeditiously providing to the Commission members
and staff appropriate security clearances in a
manner consistent with existing procedures and
requirements, except that no person shall be
provided with access to classified information
pursuant to this section who would not otherwise
qualify for such security clearance.
SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION.
(a) Final Report.Not later than two years after
the date of the first meeting of the Commission,
the Commission shall submit to the Congress its
final report, as described in section 905 (2).
(b) Termination.(1) The Commission, and all the
authorities of this title, shall terminate on the
date which is 60 days after the date on which a
final report is required to be transmitted under subsection (a).
(2) The Commission may use the 60-day period
referred to in paragraph (1) for the purpose of
concluding its activities, including providing
testimony to committees of Congress concerning
its final report and disseminating that report.
Reports Relating to Certain Special Access Programs and Similar Programs
Pub. L. 103160, div. A, title XI, § 1152, Nov.
30, 1993, 107 Stat. 1758, as amended by Pub. L.
10665, div. C, title XXXII, § 3294(e)(2), Oct.
5, 1999, 113 Stat. 970, provided that:
(a) In General.(1) Not later than February 1 of
each year, the head of each covered department or
agency shall submit to Congress a report on each
special access program carried out in the department or agency.
(2) Each such report shall set forth
(A) the total amount requested by the department
or agency for special access programs within the
budget submitted under section 1105 of title 31,
United States Code, for the fiscal year following
the fiscal year in which the report is submitted; and
(B) for each program in such budget that is a special access program
(i) a brief description of the program;
(ii) in the case of a procurement program, a
brief discussion of the major milestones established for the program;
(iii) the actual cost of the program for each
fiscal year during which the program has been
conducted before the fiscal year during which that budget is submitted; and
(iv) the estimated total cost of the program and
the estimated cost of the program for (I) the
current fiscal year, (II) the fiscal year for
which the budget is submitted, and (III) each of
the four succeeding fiscal years during which the
program is expected to be conducted.
(b) Newly Designated Programs.(1) Not later
than February 1 of each year, the head of each
covered department or agency shall submit to
Congress a report that, with respect to each new
special access program of that department or agency, provides
(A) notice of the designation of the program as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program shall include
(A) the current estimate of the total program cost for the program; and
(B) an identification, as applicable, of
existing programs or technologies that are
similar to the technology, or that have a mission
similar to the technology, or that have a mission
similar to the mission, of the program that is the subject of the notice.
(3) In this subsection, the term new special
access program means a special access program
that has not previously been covered in a notice
and justification under this subsection.
(c) Revision in Classification of Programs.(1)
Whenever a change in the classification of a
special access program of a covered department or
agency is planned to be made or whenever
classified information concerning a special
access program of a covered department or agency
is to be declassified and made public, the head
of the department or agency shall submit to
Congress a report containing a description of the
proposed change or the information to be
declassified, the reasons for the proposed change
or declassification, and notice of any public
announcement planned to be made with respect to
the proposed change or declassification.
(2) Except as provided in paragraph (3), a
report referred to in paragraph (1) shall be
submitted not less than 14 days before the date
on which the proposed change, declassification,
or public announcement is to occur.
(3) If the head of the department or agency
determines that because of exceptional
circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change,
declassification, or public announcement
concerning a special access program of the
department or agency, the head of the department
or agency may submit the report required by
paragraph (1) regarding the proposed change,
declassification, or public announcement at any
time before the proposed change,
declassification, or public announcement is made
and shall include in the report an explanation of
the exceptional circumstances.
(d) Revision of Criteria for Designating
Programs.Whenever there is a modification or
termination of the policy and criteria used for
designating a program of a covered department or
agency as a special access program, the head of
the department or agency shall promptly notify
Congress of such modification or termination. Any
such notification shall contain the reasons for
the modification or termination and, in the case
of a modification, the provisions of the policy as modified.
(e) Waiver of Reporting Requirement.(1) The
head of a covered department or agency may waive
any requirement under subsection (a), (b), or (c)
that certain information be included in a report
under that subsection if the head of the
department or agency determines that inclusion of
that information in the report would adversely
affect the national security. Any such waiver
shall be made on a case-by-case basis.
(2) If the head of a department or agency
exercises the authority provided under paragraph
(1), the head of the department or agency shall
provide the information described in that
subsection with respect to the special access
program concerned, and the justification for the waiver, to Congress.
(f) Initiation of Programs.A special access
program may not be initiated by a covered department or agency until
(1) the appropriate oversight committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
(g) Definitions.For purposes of this section:
(1) Covered department or agency.(A) Except as
provided in subparagraph (B), the term covered
department or agency means any department or
agency of the Federal Government that carries out a special access program.
(B) Such term does not include
(i) the Department of Defense (which is required
to submit reports on special access programs
under section 119 of title 10, United States Code);
(ii) the National Nuclear Security
Administration (which is required to submit
reports on special access programs under section
3236 of the National Nuclear Security Administration Act [50 U.S.C. 2426]); or
(iii) an agency in the Intelligence Community
(as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a)).
(2) Special access program.The term special
access program means any program that, under the
authority of Executive Order 12356 [formerly set
out below] (or any successor Executive order), is
established by the head of a department or agency
whom the President has designated in the Federal
Register as an original secret or top secret
classification authority that imposes
need-to-know controls or access controls beyond
those controls normally required (by regulations
applicable to such department or agency) for
access to information classified as
confidential, secret, or top secret.
Disclosure of Information Concerning Unaccounted
for United States Personnel of Cold War, Korean Conflict, and Vietnam Era
Pub. L. 102190, div. A, title X, § 1082, Dec. 5,
1991, 105 Stat. 1480, as amended by Pub. L.
103337, div. A, title X, § 1036, Oct. 5, 1994,
108 Stat. 2841; Pub. L. 104106, div. A, title X,
§ 1085, Feb. 10, 1996, 110 Stat. 457, provided that:
(a) Public Availability of Information.(1)
Except as provided in subsection (b), the
Secretary of Defense shall, with respect to any
information referred to in paragraph (2), place
the information in a suitable library-like
location within a facility within the National
Capital region for public review and photocopying.
(2) Paragraph (1) applies to any record,
live-sighting report, or other information in the
custody of the official custodian referred to in
subsection (d)(3) that may pertain to the
location, treatment, or condition of (A) United
States personnel who remain not accounted for as
a result of service in the Armed Forces or other
Federal Government service during the Korean
conflict, the Vietnam era, or the Cold War, or (B) their remains.
(b) Exceptions.(1) The Secretary of Defense may
not make a record or other information available
to the public pursuant to subsection (a) if
(A) the record or other information is exempt
from the disclosure requirements of section 552
of title 5, United States Code, by reason of
subsection (b) of that section; or
(B) the record or other information is in a
system of records exempt from the requirements of
subsection (d) of section 552a of such title
pursuant to subsection (j) or (k) of that section.
(2) The Secretary of Defense may not make a
record or other information available to the
public pursuant to subsection (a) if the record
or other information specifically mentions a person by name unless
(A) in the case of a person who is alive (and
not incapacitated) and whose whereabouts are
known, that person expressly consents in writing
to the disclosure of the record or other information; or
(B) in the case of a person who is dead or
incapacitated or whose whereabouts are unknown, a
family member or family members of that person
determined by the Secretary of Defense to be
appropriate for such purpose expressly consent in
writing to the disclosure of the record or other information.
(3)(A) The limitation on disclosure in paragraph
(2) does not apply in the case of a person who is
dead or incapacitated or whose whereabouts are
unknown if the family member or members of that
person determined pursuant to subparagraph (B) of
that paragraph cannot be located by the Secretary of Defense
(i) in the case of a person missing from the
Vietnam era, after a reasonable effort; and
(ii) in the case of a person missing from the
Korean Conflict or Cold War, after a period of 90
days from the date on which any record or other
information referred to in paragraph (2) is
received by the Department of Defense for
disclosure review from the Archivist of the
United States, the Library of Congress, or the
Joint United States-Russian Commission on POW/MIAs.
(B) Paragraph (2) does not apply to the access
of an adult member of the family of a person to
any record or information to the extent that the
record or other information relates to that person.
(C) The authority of a person to consent to
disclosure of a record or other information for
the purposes of paragraph (2) may be delegated to
another person or an organization only by means
of an express legal power of attorney granted by
the person authorized by that paragraph to consent to the disclosure.
(c) Deadlines.(1) In the case of records or
other information originated by the Department of
Defense, the official custodian shall make such
records and other information available to the
public pursuant to this section not later than
January 2, 1996. Such records or other
information shall be made available as soon as a
review carried out for the purposes of subsection (b) is completed.
(2) Whenever a department or agency of the
Federal Government receives any record or other
information referred to in subsection (a) that is
required by this section to be made available to
the public, the head of that department or agency
shall ensure that such record or other
information is provided to the Secretary of
Defense, and the Secretary shall make such record
or other information available in accordance with
subsection (a) as soon as possible and, in any
event, not later than one year after the date on
which the record or information is received by
the department or agency of the Federal Government.
(3) If the Secretary of Defense determines that
the disclosure of any record or other information
referred to in subsection (a) by the date
required by paragraph (1) or (2) may compromise
the safety of any United States personnel
referred to in subsection (a)(2) who remain not
accounted for but who may still be alive in
captivity, then the Secretary may withhold that
record or other information from the disclosure
otherwise required by this section. Whenever the
Secretary makes a determination under the
preceding sentence, the Secretary shall
immediately notify the President and the Congress of that determination.
(d) Definitions.For purposes of this section:
(1) The terms Korean conflict and Vietnam
era have the meanings given those terms in
section 101 of title 38, United States Code.
(2) The term Cold War means the period from
the end of World War II to the beginning of the
Korean conflict and the period from the end of
the Korean conflict to the beginning of the Vietnam era.
(3) The term official custodian means
(A) in the case of records, reports, and
information relating to the Korean conflict or
the Cold War, the Archivist of the United States; and
(B) in the case of records, reports, and
information relating to the Vietnam era, the Secretary of Defense.
Disclosure of Information Concerning American
Personnel Listed as Prisoner, Missing, or Unaccounted for in Southeast Asia
Pub. L. 100453, title IV, § 404, Sept. 29, 1988,
102 Stat. 1908, provided that:
(a) This section is enacted to ensure that
current disclosure policy is incorporated into law.
(b) Except as provided in subsection (c), the
head of each department or agency
(1) with respect to which funds are authorized
under this Act [see Tables for classification], and
(2) which holds or receives live sighting
reports of any United States citizen reported
missing in action, prisoner of war, or
unaccounted for from the Vietnam Conflict,
shall make available to the next-of-kin of that
United States citizen all reports, or portions
thereof, held by that department or agency which
have been correlated or possibly correlated to that citizen.
(c) Subsection (b) does not apply with respect to
(1) information that would reveal or compromise
sources and methods of intelligence collection; or
(2) specific information that previously has
been made available to the next-of-kin.
(d) The head of each department or agency
covered by subsection (a) shall make information
available under this section in a timely manner.
Executive Order No. 10501
Ex. Ord. No. 10501, Nov. 5, 1953, 18 F.R. 7049,
as amended by Ex. Ord. No. 10816, May 7, 1959, 24
F.R. 3777; Ex. Ord. No. 10901, Jan. 9, 1961, 26
F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26
F.R. 8932; Ex. Ord. No. 10985, Jan. 12, 1962, 27
F.R. 439; Ex. Ord. No. 11097, Feb. 28, 1963, 28
F.R. 2225; Ex. Ord. No. 11382, Nov. 28, 1967, 32
F.R. 16247, which related to safeguarding
official information, was superseded by Ex. Ord.
No. 11652, Mar. 8, 1972, 37 F.R. 5209, formerly set out below.
Ex. Ord. No. 10865. Safeguarding Classified Information Within Industry
Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583,
as amended by Ex. Ord. No. 10909, Jan. 17, 1961,
26 F.R. 508; Ex. Ord. No. 11382, Nov. 28, 1967,
32 F.R. 16247; Ex. Ord. No. 12829, § 203(g), Jan.
6, 1993, 58 F.R. 3479; Ex. Ord. No. 13284, § 15,
Jan. 23, 2003, 68 F.R. 4076, provided:
WHEREAS it is mandatory that the United States
protect itself against hostile or destructive
activities by preventing unauthorized disclosures
of classified information relating to the national defense; and
WHEREAS it is a fundamental principle of our
Government to protect the interests of
individuals against unreasonable or unwarranted encroachment; and
WHEREAS I find that the provisions and procedures
prescribed by this order are necessary to assure
the preservation of the integrity of classified
defense information and to protect the national interest; and
WHEREAS I find that those provisions and
procedures recognize the interest of individuals
affected thereby and provide maximum possible
safeguards to protect such interests:
NOW, THEREFORE, under and by virtue of the
authority vested in me by the Constitution and
statutes of the United States, and as President
of the United States and as Commander in Chief of
the armed forces of the United States, it is hereby ordered as follows:
Section 1. When used in this order, the term
head of a department means the Secretary of
State, the Secretary of Defense, the Secretary of
Transportation, the Secretary of Energy, the
Secretary of Homeland Security, the Nuclear
Regulatory Commission, the Administrator of the
National Aeronautics and Space Administration,
and, in section 4, the Attorney General. The term
head of a department also means the head of any
department or agency, including but not limited
to those referenced above with whom the
Department of Defense makes an agreement to
extend regulations prescribed by the Secretary of
Defense concerning authorizations for access to
classified information pursuant to Executive Order No. 12829 [set out below].
Sec. 2. An authorization for access to classified
information pursuant to Executive Order No. 12829
[set out below] may be granted by the head of a
department or his designee, including but not
limited to, those officials named in section 8 of
this order, to an individual, hereinafter termed
an applicant, for a specific classification
category only upon a finding that it is clearly
consistent with the national interest to do so.
Sec. 3. Except as provided in section 9 of this
order, an authorization for access to a specific
classification category may not be finally denied
or revoked pursuant to Executive Order No. 12829
[set out below] by the head of a department or
his designee, including, but not limited to,
those officials named in section 8 of this order,
unless the applicant has been given the following:
(1) A written statement of the reasons why his
access authorization may be denied or revoked,
which shall be as comprehensive and detailed as the national security permits.
(2) A reasonable opportunity to reply in writing
under oath or affirmation to the statement of reasons.
(3) After he has filed under oath or affirmation
a written reply to the statement of reasons, the
form and sufficiency of which may be prescribed
by regulations issued by the head of the
department concerned, an opportunity to appear
personally before the head of the department
concerned or his designee including, but not
limited to, those officials named in section 8 of
this order for the purpose of supporting his
eligibility for access authorization and to present evidence on his behalf.
(4) A reasonable time to prepare for that appearance.
(5) An opportunity to be represented by counsel.
(6) An opportunity to cross-examine persons
either orally or through written interrogatories
in accordance with section 4 on matters not
relating to the characterization in the statement
of reasons of any organization or individual other than the applicant.
(7) A written notice of the final decision in his
case which, if adverse, shall specify whether the
head of the department or his designee,
including, but not limited to, those officials
named in section 8 of this order, found for or
against him with respect to each allegation in the statement of reasons.
Sec. 4. (a) An applicant shall be afforded an
opportunity to cross-examine persons who have
made oral or written statements adverse to the
applicant relating to a controverted issue except
that any such statement may be received and
considered without affording such opportunity in
the circumstances described in either of the following paragraphs:
(1) The head of the department supplying the
statement certifies that the person who furnished
the information is a confidential informant who
has been engaged in obtaining intelligence
information for the Government and that
disclosure of his identity would be substantially
harmful to the national interest.
(2) The head of the department concerned or his
special designee for that particular purpose has
preliminarily determined, after considering
information furnished by the investigative agency
involved as to the reliability of the person and
the accuracy of the statement concerned, that the
statement concerned appears to be reliable and
material, and the head of the department or such
special designee has determined that failure to
receive and consider such statement would, in
view of the level of access sought, be
substantially harmful to the national security
and that the person who furnished the information
cannot appear to testify (A) due to death, severe
illness, or similar cause, in which case the
identity of the person and the information to be
considered shall be made available to the
applicant, or (B) due to some other cause
determined by the head of the department to be good and sufficient.
(b) Whenever procedures under paragraphs (1) or
(2) of subsection (a) of this section are used
(1) the applicant shall be given a summary of the
information which shall be as comprehensive and
detailed as the national security permits, (2)
appropriate consideration shall be accorded to
the fact that the applicant did not have an
opportunity to cross-examine such person or
persons, and (3) a final determination adverse to
the applicant shall be made only by the head of
the department based upon his personal review of the case.
Sec. 5. (a) Records compiled in the regular
course of business, or other physical evidence
other than investigative reports, may be received
and considered subject to rebuttal without
authenticating witnesses, provided that such
information has been furnished to the department
concerned by an investigative agency pursuant to
its responsibilities in connection with assisting
the head of the department concerned to safeguard
classified information within industry pursuant to this order.
(b) Records compiled in the regular course of
business, or other physical evidence other than
investigative reports, relating to a controverted
issue which, because they are classified, may not
be inspected by the applicant, may be received
and considered provided that: (1) the head of the
department concerned or his special designee for
that purpose has made a preliminary determination
that such physical evidence appears to be
material, (2) the head of the department
concerned or such designee has made a
determination that failure to receive and
consider such physical evidence would, in view of
the level of access sought, be substantially
harmful to the national security, and (3) to the
extent that the national security permits, a
summary or description of such physical evidence
is made available to the applicant. In every such
case, information as to the authenticity and
accuracy of such physical evidence furnished by
the investigative agency involved shall be
considered. In such instances a final
determination adverse to the applicant shall be
made only by the head of the department based
upon his personal review of the case.
Sec. 6. The head of a department of the United
States or his representative, may issue, in
appropriate cases, invitations and requests to
appear and testify in order that the applicant
may have the opportunity to cross-examine as
provided by this order. Whenever a witness is so
invited or requested to appear and testify at a
proceeding and the witness is an officer or
employee of the executive branch of the
Government or a member of the armed forces of the
United States, and the proceeding involves the
activity in connection with which the witness is
employed, travel expenses and per diem are
authorized as provided by the Standardized
Government Travel Regulations or the Joint Travel
Regulations, as appropriate. In all other cases
(including non-Government employees as well as
officers or employees of the executive branch of
the Government or members of the armed forces of
the United States not covered by the foregoing
sentence), transportation in kind and
reimbursement for actual expenses are authorized
in an amount not to exceed the amount payable
under Standardized Government Travel Regulations.
An officer or employee of the executive branch of
the Government or a member of the armed forces of
the United States who is invited or requested to
appear pursuant to this paragraph shall be deemed
to be in the performance of his official duties.
So far as the national security permits, the head
of the investigative agency involved shall
cooperate with the Secretary, the Administrator,
or the head of the other department or agency, as
the case may be, in identifying persons who have
made statements adverse to the applicant and in
assisting him in making them available for
cross-examination. If a person so invited is an
officer or employee of the executive branch of
the government or a member of the armed forces of
the United States, the head of the department or
agency concerned shall cooperate in making that
person available for cross-examination.
Sec. 7. Any determination under this order
adverse to an applicant shall be a determination
in terms of the national interest and shall in no
sense be a determination as to the loyalty of the applicant concerned.
Sec. 8. Except as otherwise specified in the
preceding provisions of this order, any authority
vested in the head of a department by this order
may be delegated to the the [sic] deputy of that
department, or the principal assistant to the
head of that department, as the case may be.
Sec. 9. Nothing contained in this order shall be
deemed to limit or affect the responsibility and
powers of the head of a department to deny or
revoke access to a specific classification
category if the security of the nation so
requires. Such authority may not be delegated and
may be exercised only when the head of a
department determines that the procedures
prescribed in sections 3, 4, and 5 cannot be
invoked consistently with the national security
and such determination shall be conclusive.
Modification of Executive Order No. 10865
Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583,
as amended, set out above, when referring to
functions of the Atomic Energy Commission is
modified to provide that all such functions shall
be exercised by the Secretary of Energy and the
Nuclear Regulatory Commission, see section
4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43
F.R. 4957, set out under section 7151 of Title
42, The Public Health and Welfare.
Executive Order No. 10985
Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439,
which amended Executive Order No. 10501, which
related to safeguarding official information, was
superseded by Ex. Ord. No. 11652, Mar. 8, 1972,
37 F.R. 5209, formerly set out below.
Executive Order No. 11097
Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225,
which amended Executive Order No. 10501, which
related to safeguarding official information, was
superseded by Ex. Ord. No. 11652, Mar. 8, 1972,
37 F.R. 5209, formerly set out below.
Executive Order No. 11652
Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209,
as amended by Ex. Ord. No. 11714, Apr. 24, 1973,
38 F.R. 10245; Ex. Ord. No. 11862, June 11, 1975,
40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978,
43 F.R. 4957, which related to the classification
and declassification of national security
information and material, was revoked by Ex. Ord.
No. 12065, June 28, 1978, 43 F.R. 28949, formerly set out below.
Ex. Ord. No. 11932. Classification of Certain
Information and Material Obtained From Advisory
Bodies Created To Implement the International Energy Program
Ex. Ord. No. 11932, Aug. 4, 1976, 41 F.R. 32691, provided:
The United States has entered into the Agreement
on an International Energy Program of November
18, 1974, which created the International Energy
Agency. This program is a substantial factor in
the conduct of our foreign relations and an
important element of our national security. The
effectiveness of the Agreement depends
significantly upon the provision and exchange of
information and material by participants in
advisory bodies created by the International
Energy Agency. Confidentiality is essential to
assure the free and open discussion necessary to
accomplish the tasks assigned to those bodies. I
have consulted with the Secretary of State, the
Attorney General and the Administrator of the
Federal Energy Administration concerning the
handling and safeguarding of information and
material in the possession of the United States
which has been obtained pursuant to the program,
and I find that some of such information and
material requires protection as provided in
Executive Order No. 11652 of March 8, 1972, as
amended [formerly set out above].
NOW, THEREFORE, by virtue of the authority vested
in me by the Constitution and statutes of the
United States, and as President of the United
States, it is hereby ordered as follows:
Section 1. Information and material obtained
pursuant to the International Energy Program and
which requires protection against unauthorized
disclosure in the interest of the national
defense or foreign relations of the United States
shall be classified pursuant to Executive Order
No. 11652 of March 8, 1972, as amended [formerly
set out above]. The Secretary of State shall have
the responsibility for the classification,
declassification and safeguarding of information
and material in the possession of the United
States Government which has been obtained pursuant to:
(a) Section 252(c)(3), (d)(2), or (e)(3) of the
Energy Policy and Conservation Act (89 Stat. 871;
42 U.S.C. 6272 (c)(3), (d)(2), (e)(3)), or
(b) The Voluntary Agreement and Program relating
to the International Energy Program (40 F.R. 16041, April 8, 1975), or
(c) Any similar Voluntary Agreement and Program
entered into under the Energy Policy and
Conservation Act [42 U.S.C. 6201 et seq.] after the date of this Order.
Sec. 2. Information or material classified
pursuant to Section 1 of this Order may be
exempted from the General Declassification
Schedule established by Section 5 of Executive
Order No. 11652 [formerly set out above] if it
was obtained by the United States on the
understanding that it be kept in confidence, or
if it might otherwise be exempted under Section 5(B) of such Order.
Sec. 3. (a) Within 60 days of the date of this
Order, the Secretary of State shall promulgate
regulations which implement his responsibilities under this Order.
(b) The directives issued under Section 6 of
Executive Order No. 11652 [formerly set out
above] shall not apply to information and
material classified under this Order. However,
the regulations promulgated by the Secretary of State shall:
(1) conform, to the extent practicable, to the
policies set forth in Section 6 of Executive
Order No. 11652 [formerly set out above], and
(2) provide that he may take such measures as he
deems necessary and appropriate to ensure the
confidentiality of any information and material
classified under this Order that may remain in
the custody or control of any person outside the United States Government.
Gerald R. Ford.
Executive Order No. 12065
Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949,
as amended by Ex. Ord. No. 12148, July 20, 1979,
44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29,
1979, 44 F.R. 56673, which related to
classification and declassification of national
security information and material, was revoked by
Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874,
15557, formerly set out below.
Executive Order No. 12356
Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874,
15557, which prescribed a uniform system for
classifying, declassifying, and safeguarding
national security information, was revoked by Ex.
Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843, set out below.
Ex. Ord. No. 12812. Declassification and Release
of Materials Pertaining to Prisoners of War and Missing in Action
Ex. Ord. No. 12812, July 22, 1992, 57 F.R. 32879, provided:
WHEREAS, the Senate, by S. Res. 324 of July 2,
1992, has asked that I expeditiously issue an
Executive order requiring all executive branch
departments and agencies to declassify and
publicly release without compromising United
States national security all documents, files,
and other materials pertaining to POWs and MIAs; and
WHEREAS, indiscriminate release of classified
material could jeopardize continuing United
States Government efforts to achieve the fullest
possible accounting of Vietnam-era POWs and MIAs; and
WHEREAS, I have concluded that the public
interest would be served by the declassification
and public release of materials pertaining to
Vietnam-era POWs and MIAs as provided below;
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, I hereby order as follows:
Section 1. All executive departments and agencies
shall expeditiously review all documents, files,
and other materials pertaining to American POWs
and MIAs lost in Southeast Asia for the purposes
of declassification in accordance with the
standards and procedures of Executive Order No.
12356 [formerly set out above].
Sec. 2. All executive departments and agencies
shall make publicly available documents, files,
and other materials declassified pursuant to
section 1, except for those the disclosure of
which would constitute a clearly unwarranted
invasion of personal privacy of returnees, family
members of POWs and MIAs, or other persons, or
would impair the deliberative processes of the executive branch.
Sec. 3. This order is not intended to create any
right or benefit, substantive or procedural,
enforceable by a party against the United States,
its agencies or instrumentalities, its officers
or employees, or any other person.
George Bush.
Ex. Ord. No. 12829. National Industrial Security Program
Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479,
as amended by Ex. Ord. No. 12885, Dec. 14, 1993, 58 F.R. 65863, provided:
This order establishes a National Industrial
Security Program to safeguard Federal Government
classified information that is released to
contractors, licensees, and grantees of the
United States Government. To promote our national
interests, the United States Government issues
contracts, licenses, and grants to nongovernment
organizations. When these arrangements require
access to classified information, the national
security requires that this information be
safeguarded in a manner equivalent to its
protection within the executive branch of
Government. The national security also requires
that our industrial security program promote the
economic and technological interests of the
United States. Redundant, overlapping, or
unnecessary requirements impede those interests.
Therefore, the National Industrial Security
Program shall serve as a single, integrated,
cohesive industrial security program to protect
classified information and to preserve our
Nations economic and technological interests.
Therefore, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, including the Atomic
Energy Act of 1954, as amended (42 U.S.C.
20112286) [42 U.S.C. 2011 et seq.], the National
Security Act of 1947, as amended (codified as
amended in scattered sections of the United
States Code) [see Short Title note set out under
section 401 of this title], and the Federal
Advisory Committee Act, as amended (5 App. U.S.C.
2) [5 App. U.S.C.], it is hereby ordered as follows:
PART 1. ESTABLISHMENT AND POLICY
Section 101. Establishment. (a) There is
established a National Industrial Security
Program. The purpose of this program is to
safeguard classified information that may be
released or has been released to current,
prospective, or former contractors, licensees, or
grantees of United States agencies. For the
purposes of this order, the terms contractor,
licensee, or grantee means current, prospective,
or former contractors, licensees, or grantees of
United States agencies. The National Industrial
Security Program shall be applicable to all
executive branch departments and agencies.
(b) The National Industrial Security Program
shall provide for the protection of information
classified pursuant to Executive Order No. 12356
of April 2, 1982 [formerly set out above], or its
successor, and the Atomic Energy Act of 1954, as
amended [42 U.S.C. 2011 et seq.].
(c) For the purposes of this order, the term
contractor does not include individuals engaged
under personal services contracts.
Sec. 102. Policy Direction. (a) The National
Security Council shall provide overall policy
direction for the National Industrial Security Program.
(b) The Director of the Information Security
Oversight Office, established under Executive
Order No. 12356 of April 2, 1982 [formerly set
out above], shall be responsible for implementing
and monitoring the National Industrial Security Program and shall:
(1) develop, in consultation with the agencies,
and promulgate subject to the approval of the
National Security Council, directives for the
implementation of this order, which shall be binding on the agencies;
(2) oversee agency, contractor, licensee, and
grantee actions to ensure compliance with this
order and implementing directives;
(3) review all agency implementing regulations,
internal rules, or guidelines. The Director shall
require any regulation, rule, or guideline to be
changed if it is not consistent with this order
or implementing directives. Any such decision by
the Director may be appealed to the National
Security Council. The agency regulation, rule, or
guideline shall remain in effect pending a prompt decision on the appeal;
(4) have the authority, pursuant to terms of
applicable contracts, licenses, grants, or
regulations, to conduct on-site reviews of the
implementation of the National Industrial
Security Program by each agency, contractor,
licensee, and grantee that has access to or
stores classified information and to require of
each agency, contractor, licensee, and grantee
those reports, information, and other cooperation
that may be necessary to fulfill the Directors
responsibilities. If these reports, inspections,
or access to specific classified information, or
other forms of cooperation, would pose an
exceptional national security risk, the affected
agency head or the senior official designated
under section 203(a) of this order may request
the National Security Council to deny access to
the Director. The Director shall not have access
pending a prompt decision by the National Security Council;
(5) report any violations of this order or its
implementing directives to the head of the agency
or to the senior official designated under
section 203(a) of this order so that corrective
action, if appropriate, may be taken. Any such
report pertaining to the implementation of the
National Industrial Security Program by a
contractor, licensee, or grantee shall be
directed to the agency that is exercising
operational oversight over the contractor,
licensee, or grantee under section 202 of this order;
(6) consider and take action on complaints and
suggestions from persons within or outside the
Government with respect to the administration of
the National Industrial Security Program;
(7) consider, in consultation with the advisory
committee established by this order, affected
agencies, contractors, licensees, and grantees,
and recommend to the President through the
National Security Council changes to this order; and
(8) report at least annually to the President
through the National Security Council on the
implementation of the National Industrial Security Program.
(c) Nothing in this order shall be construed to
supersede the authority of the Secretary of
Energy or the Nuclear Regulatory Commission under
the Atomic Energy Act of 1954, as amended [42
U.S.C. 2011 et seq.], or the authority of the
Director of Central Intelligence under the
National Security Act of 1947, as amended [see
Short Title note set out under section 401 of
this title], or Executive Order No. 12333 of
December 8, 1981 [50 U.S.C. 401 note ].
Sec. 103. National Industrial Security Program
Policy Advisory Committee. (a) Establishment.
There is established the National Industrial
Security Program Policy Advisory Committee
(Committee). The Director of the Information
Security Oversight Office shall serve as Chairman
of the Committee and appoint the members of the
Committee. The members of the Committee shall be
the representatives of those departments and
agencies most affected by the National Industrial
Security Program and nongovernment
representatives of contractors, licensees, or
grantees involved with classified contracts,
licenses, or grants, as determined by the Chairman.
(b) Functions. (1) The Committee members shall
advise the Chairman of the Committee on all
matters concerning the policies of the National
Industrial Security Program, including
recommended changes to those policies as
reflected in this order, its implementing
directives, or the operating manual established
under this order, and serve as a forum to discuss policy issues in dispute.
(2) The Committee shall meet at the request of
the Chairman, but at least twice during the calendar year.
(c) Administration. (1) Members of the Committee
shall serve without compensation for their work
on the Committee. However, nongovernment members
may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by law
for persons serving intermittently in the
Government service (5 U.S.C. 57015707).
(2) To the extent permitted by law and subject to
the availability of funds, the Administrator of
General Services shall provide the Committee with
administrative services, facilities, staff, and
other support services necessary for the performance of its functions.
(d) General. Notwithstanding any other Executive
order, the functions of the President under the
Federal Advisory Committee Act, as amended [5
App. U.S.C.], except that of reporting to the
Congress, which are applicable to the Committee,
shall be performed by the Administrator of
General Services in accordance with the
guidelines and procedures established by the General Services Administration.
PART 2. OPERATIONS
Sec. 201. National Industrial Security Program
Operating Manual. (a) The Secretary of Defense,
in consultation with all affected agencies and
with the concurrence of the Secretary of Energy,
the Nuclear Regulatory Commission, and the
Director of Central Intelligence, shall issue and
maintain a National Industrial Security Program
Operating Manual (Manual). The Secretary of
Energy and the Nuclear Regulatory Commission
shall prescribe and issue that portion of the
Manual that pertains to information classified
under the Atomic Energy Act of 1954, as amended
[42 U.S.C. 2011 et seq.]. The Director of Central
Intelligence shall prescribe and issue that
portion of the Manual that pertains to
intelligence sources and methods, including
Sensitive Compartmented Information.
(b) The Manual shall prescribe specific
requirements, restrictions, and other safeguards
that are necessary to preclude unauthorized
disclosure and control authorized disclosure of
classified information to contractors, licensees,
or grantees. The Manual shall apply to the
release of classified information during all
phases of the contracting process including
bidding, negotiation, award, performance, and
termination of contracts, the licensing process,
or the grant process, with or under the control of departments or agencies.
(c) The Manual shall also prescribe requirements,
restrictions, and other safeguards that are
necessary to protect special classes of
classified information, including Restricted
Data, Formerly Restricted Data, intelligence
sources and methods information, Sensitive
Compartmented Information, and Special Access Program information.
(d) In establishing particular requirements,
restrictions, and other safeguards within the
Manual, the Secretary of Defense, the Secretary
of Energy, the Nuclear Regulatory Commission, and
the Director of Central Intelligence shall take
into account these factors: (i) the damage to the
national security that reasonably could be
expected to result from an unauthorized
disclosure; (ii) the existing or anticipated
threat to the disclosure of information; and
(iii) the short- and long-term costs of the
requirements, restrictions, and other safeguards.
(e) To the extent that is practicable and
reasonable, the requirements, restrictions, and
safeguards that the Manual establishes for the
protection of classified information by
contractors, licensees, and grantees shall be
consistent with the requirements, restrictions,
and safeguards that directives implementing
Executive Order No. 12356 of April 2, 1982
[formerly set out above], or the Atomic Energy
Act of 1954, as amended, establish for the
protection of classified information by agencies.
Upon request by the Chairman of the Committee,
the Secretary of Defense shall provide an
explanation and justification for any
requirement, restriction, or safeguard that
results in a standard for the protection of
classified information by contractors, licensees,
and grantees that differs from the standard that applies to agencies.
(f) The Manual shall be issued to correspond as
closely as possible to pertinent decisions of the
Secretary of Defense and the Director of Central
Intelligence made pursuant to the recommendations
of the Joint Security Review Commission and to
revisions to the security classification system
that result from Presidential Review Directive
29, but in any event no later than June 30, 1994.
Sec. 202. Operational Oversight. (a) The
Secretary of Defense shall serve as Executive
Agent for inspecting and monitoring the
contractors, licensees, and grantees who require
or will require access to, or who store or will
store classified information; and for determining
the eligibility for access to classified
information of contractors, licensees, and
grantees and their respective employees. The
heads of agencies shall enter into agreements
with the Secretary of Defense that establish the
terms of the Secretarys responsibilities on behalf of these agency heads.
(b) The Director of Central Intelligence retains
authority over access to intelligence sources and
methods, including Sensitive Compartmented
Information. The Director of Central Intelligence
may inspect and monitcr [sic] contractor,
licensee, and grantee programs and facilities
that involve access to such information or may
enter into written agreements with the Secretary
of Defense, as Executive Agent, to inspect and
monitor these programs or facilities, in whole or
in part, on the Directors behalf.
(c) The Secretary of Energy and the Nuclear
Regulatory Commission retain authority over
access to information under their respective
programs classified under the Atomic Energy Act
of 1954, as amended [42 U.S.C. 2011 et seq.]. The
Secretary or the Commission may inspect and
monitor contractor, licensee, and grantee
programs and facilities that involve access to
such information or may enter into written
agreements with the Secretary of Defense, as
Executive Agent, to inspect and monitor these
programs or facilities, in whole or in part, on
behalf of the Secretary or the Commission, respectively.
(d) The Executive Agent shall have the authority
to issue, after consultation with affected
agencies, standard forms or other standardization
that will promote the implementation of the
National Industrial Security Program.
Sec. 203. Implementation. (a) The head of each
agency that enters into classified contracts,
licenses, or grants shall designate a senior
agency official to direct and administer the
agencys implementation and compliance with the
National Industrial Security Program.
(b) Agency implementing regulations, internal
rules, or guidelines shall be consistent with
this order, its implementing directives, and the
Manual. Agencies shall issue these regulations,
rules, or guidelines no later than 180 days from
the issuance of the Manual. They may incorporate
all or portions of the Manual by reference.
(c) Each agency head or the senior official
designated under paragraph (a) above shall take
appropriate and prompt corrective action whenever
a violation of this order, its implementing directives, or the Manual occurs.
(d) The senior agency official designated under
paragraph (a) above shall account each year for
the costs within the agency associated with the
implementation of the National Industrial
Security Program. These costs shall be reported
to the Director of the Information Security
Oversight Office, who shall include them in the
reports to the President prescribed by this order.
(e) The Secretary of Defense, with the
concurrence of the Administrator of General
Services, the Administrator of the National
Aeronautics and Space Administration, and such
other agency heads or officials who may be
responsible, shall amend the Federal Acquisition
Regulation to be consistent with the
implementation of the National Industrial Security Program.
(f) All contracts, licenses, or grants that
involve access to classified information and that
are advertised or proposed following the issuance
of agency regulations, rules, or guidelines
described in paragraph (b) above shall comply
with the National Industrial Security Program. To
the extent that is feasible, economical, and
permitted by law, agencies shall amend, modify,
or convert preexisting contracts, licenses, or
grants, or previously advertised or proposed
contracts, licenses, or grants, that involve
access to classified information for operation
under the National Industrial Security Program.
Any direct inspection or monitoring of
contractors, licensees, or grantees specified by
this order shall be carried out pursuant to the
terms of a contract, license, grant, or regulation.
(g) Executive Order No. 10865 of February 20,
1960 [set out above], as amended by Executive
Order No. 10909 of January 17, 1961, and
Executive Order No. 11382 of November 27, 1967, is hereby amended as follows:
(1) Section 1 (a) and (b) are revoked as of the effective date of this order.
(2) Section 1 (c) is renumbered as Section 1 and
is amended to read as follows:
Section 1. When used in this order, the term
head of a department means the Secretary of
State, the Secretary of Defense, the Secretary of
Transportation, the Secretary of Energy, the
Nuclear Regulatory Commission, the Administrator
of the National Aeronautics and Space
Administration, and, in section 4, the Attorney
General. The term head of a department also
means the head of any department or agency,
including but not limited to those referenced
above with whom the Department of Defense makes
an agreement to extend regulations prescribed by
the Secretary of Defense concerning
authorizations for access to classified
information pursuant to Executive Order No. 12829.
(3) Section 2 is amended by inserting the words
pursuant to Executive Order No. 12829 after the word information.
(4) Section 3 is amended by inserting the words
pursuant to Executive Order No. 12829 between
the words revoked and by in the second clause of that section.
(5) Section 6 is amended by striking out the
words The Secretary of State, the Secretary of
Defense, the Administrator of the National
Aeronautics and Space Administration, the
Secretary of Transportation, or his
representative, or the head of any other
department or agency of the United States with
which the Department of Defense makes an
agreement under section (1)(b), at the beginning
of the first sentence, and inserting in their
place The head of a department of the United States . . . .
(6) Section 8 is amended by striking out
paragraphs (1) through (7) and inserting in their
place . . . the deputy of that department, or
the principal assistant to the head of that department, as the case may be.
(h) All delegations, rules, regulations, orders,
directives, agreements, contracts, licenses, and
grants issued under preexisting authorities,
including section 1(a) and (b) of Executive Order
No. 10865 of February 20, 1960, as amended, by
Executive Order No. 10909 of January 17, 1961,
and Executive Order No. 11382 of November 27,
1967, shall remain in full force and effect until
amended, modified, or terminated pursuant to authority of this order.
(i) This order shall be effective immediately.
Ex. Ord. No. 12937. Declassification of Selected
Records Within National Archives of United States
Ex. Ord. No. 12937, Nov. 10, 1994, 59 F.R. 59097, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 1. The records in the National Archives
of the United States referenced in the list
accompanying this order are hereby declassified.
Sec. 2. The Archivist of the United States shall
take such actions as are necessary to make such
records available for public research no later
than 30 days from the date of this Order, except
to the extent that the head of an affected agency
and the Archivist have determined that specific
information within such records must be protected
from disclosure pursuant to an authorized
exemption to the Freedom of Information Act, 5
U.S.C. 552, other than the exemption that
pertains to national security information.
Sec. 3. Nothing contained in this order shall
create any right or benefit, substantive or
procedural, enforceable by any party against the
United States, its agencies or instrumentalities,
its officers or employees, or any other person.
William J. Clinton.
Records in the following record groups (RG) in
the National Archives of the United States shall
be declassified. Page numbers are approximate. A
complete list of the selected records is
available from the Archivist of the United States.
2
I. All unreviewed World War II and earlier records, including:
0
A. RG 18, Army Air Forces 1,722,400 pp.
B. RG 65, Federal Bureau of Investigation 362,500 pp.
C. RG 127, United States Marine Corps 195,000 pp.
D. RG 216, Office of Censorship 112,500 pp.
E. RG 226, Office of Strategic Services 415,000 pp.
F. RG 60, United States Occupation Headquarters 4,422,500 pp.
G. RG 331, Allied Operational and Occupation
Headquarters, World War II (including 350 reels
of Allied Force Headquarters) 3,097,500 pp.
H. RG 332, United States Theaters of War, World War II 1,182,500 pp.
I. RG 338, Mediterranean Theater of Operations
and European Command 9,500,000 pp.
Subtotal for World War II and earlier 21.0 million pp.
2
II. Post-1945 Collections (Military and Civil)
0
A. RG 19, Bureau of Ships, Pre-1950 General
Correspondence (selected records) 1,732,500 pp.
B. RG 51, Bureau of the Budget, 52.12 Budget
Preparation Branch, 195269 142,500 pp.
C. RG 72, Bureau of Aeronautics (Navy) (selected records) 5,655,000 pp.
D. RG 166, Foreign Agricultural Service,
Narrative Reports, 195561 1,272,500 pp.
E. RG 313, Naval Operating Forces (selected records) 407,500 pp.
F. RG 319, Office of the Chief of Military History
Manuscripts and Background Papers (selected records) 933,000 pp.
G. RG 337, Headquarters, Army Ground Forces (selected records) 1,269,700 pp.
H. RG 341, Headquarters, United States Air Force
(selected records) 4,870,000 pp.
I. RG 389, Office of the Provost Marshal General
(selected records) 448,000 pp.
J. RG 391, United States Army Regular Army Mobil Units 240,000 pp.
K. RG 428, General Records of the Department of
the Navy (selected records) 31,250 pp.
L. RG 472, Army Vietnam Collection (selected records) 5,864,000 pp.
Subtotal for Other 22.9 million pp.
TOTAL 43.9 million pp.
Ex. Ord. No. 12951. Release of Imagery Acquired
by Space-Based National Intelligence Reconnaissance Systems
Ex. Ord. No. 12951, Feb. 22, 1995, 60 F.R. 10789, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America and in order to release certain
scientifically or environmentally useful imagery
acquired by space-based national intelligence
reconnaissance systems, consistent with the
national security, it is hereby ordered as follows:
Section 1. Public Release of Historical
Intelligence Imagery. Imagery acquired by the
space-based national intelligence reconnaissance
systems known as the Corona, Argon, and Lanyard
missions shall, within 18 months of the date of
this order, be declassified and transferred to
the National Archives and Records Administration
with a copy sent to the United States Geological
Survey of the Department of the Interior
consistent with procedures approved by the
Director of Central Intelligence and the
Archivist of the United States. Upon transfer,
such imagery shall be deemed declassified and
shall be made available to the public.
Sec. 2. Review for Future Public Release of
Intelligence Imagery. (a) All information that
meets the criteria in section 2(b) of this order
shall be kept secret in the interests of national
defense and foreign policy until deemed otherwise
by the Director of Central Intelligence. In
consultation with the Secretaries of State and
Defense, the Director of Central Intelligence
shall establish a comprehensive program for the
periodic review of imagery from systems other
than the Corona, Argon, and Lanyard missions,
with the objective of making available to the
public as much imagery as possible consistent
with the interests of national defense and
foreign policy. For imagery from obsolete
broad-area film-return systems other than Corona,
Argon, and Lanyard missions, this review shall be
completed within 5 years of the date of this
order. Review of imagery from any other system
that the Director of Central Intelligence deems
to be obsolete shall be accomplished according to
a timetable established by the Director of
Central Intelligence. The Director of Central
Intelligence shall report annually to the
President on the implementation of this order.
(b) The criteria referred to in section 2(a) of
this order consist of the following: imagery
acquired by a space-based national intelligence
reconnaissance system other than the Corona, Argon, and Lanyard missions.
Sec. 3. General Provisions. (a) This order
prescribes a comprehensive and exclusive system
for the public release of imagery acquired by
space-based national intelligence reconnaissance
systems. This order is the exclusive Executive
order governing the public release of imagery for
purposes of section 552(b)(1) of the Freedom of
Information Act [5 U.S.C. 552 (b)(1)].
(b) Nothing contained in this order shall create
any right or benefit, substantive or procedural,
enforceable by any party against the United
States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 4. Definition. As used herein, imagery
means the product acquired by space-based
national intelligence reconnaissance systems that
provides a likeness or representation of any
natural or man-made feature or related objective
or activities and satellite positional data
acquired at the same time the likeness or representation was acquired.
William J. Clinton.
Ex. Ord. No. 12958. Classified National Security Information
Ex. Ord. No. 12958, Apr. 17, 1995, 60 F.R. 19825,
as amended by Ex. Ord. No. 12972, Sept. 18, 1995,
60 F.R. 48863; Ex. Ord. No. 13142, Nov. 19, 1999,
64 F.R. 66089; Ex. Ord. No. 13292, Mar. 25, 2003, 68 F.R. 15315, provided:
This order prescribes a uniform system for
classifying, safeguarding, and declassifying
national security information, including
information relating to defense against
transnational terrorism. Our democratic
principles require that the American people be
informed of the activities of their Government.
Also, our Nations progress depends on the free
flow of information. Nevertheless, throughout our
history, the national defense has required that
certain information be maintained in confidence
in order to protect our citizens, our democratic
institutions, our homeland security, and our
interactions with foreign nations. Protecting
information critical to our Nations security remains a priority.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, it is hereby ordered as follows:
PART 1ORIGINAL CLASSIFICATION
Sec. 1.1. Classification Standards. (a)
Information may be originally classified under
the terms of this order only if all of the following conditions are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or
for, or is under the control of the United States Government;
(3) the information falls within one or more of
the categories of information listed in section 1.4 of this order; and
(4) the original classification authority
determines that the unauthorized disclosure of
the information reasonably could be expected to
result in damage to the national security, which
includes defense against transnational terrorism,
and the original classification authority is able
to identify or describe the damage.
(b) Classified information shall not be
declassified automatically as a result of any
unauthorized disclosure of identical or similar information.
(c) The unauthorized disclosure of foreign
government information is presumed to cause damage to the national security.
Sec. 1.2. Classification Levels. (a) Information
may be classified at one of the following three levels:
(1) Top Secret shall be applied to information,
the unauthorized disclosure of which reasonably
could be expected to cause exceptionally grave
damage to the national security that the original
classification authority is able to identify or describe.
(2) Secret shall be applied to information, the
unauthorized disclosure of which reasonably could
be expected to cause serious damage to the
national security that the original
classification authority is able to identify or describe.
(3) Confidential shall be applied to
information, the unauthorized disclosure of which
reasonably could be expected to cause damage to
the national security that the original
classification authority is able to identify or describe.
(b) Except as otherwise provided by statute, no
other terms shall be used to identify United States classified information.
Sec. 1.3. Classification Authority. (a) The
authority to classify information originally may be exercised only by:
(1) the President and, in the performance of
executive duties, the Vice President;
(2) agency heads and officials designated by the
President in the Federal Register; and
(3) United States Government officials delegated
this authority pursuant to paragraph (c) of this section.
(b) Officials authorized to classify information
at a specified level are also authorized to
classify information at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification
authority shall be limited to the minimum
required to administer this order. Agency heads
are responsible for ensuring that designated
subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) Top Secret original classification
authority may be delegated only by the President;
in the performance of executive duties, the Vice
President; or an agency head or official
designated pursuant to paragraph (a)(2) of this section.
(3) Secret or Confidential original
classification authority may be delegated only by
the President; in the performance of executive
duties, the Vice President; or an agency head or
official designated pursuant to paragraph (a)(2)
of this section; or the senior agency official
described in section 5.4(d) of this order,
provided that official has been delegated Top
Secret original classification authority by the agency head.
(4) Each delegation of original classification
authority shall be in writing and the authority
shall not be redelegated except as provided in
this order. Each delegation shall identify the
official by name or position title.
(d) Original classification authorities must
receive training in original classification as
provided in this order and its implementing
directives. Such training must include
instruction on the proper safeguarding of
classified information and of the criminal,
civil, and administrative sanctions that may be
brought against an individual who fails to
protect classified information from unauthorized disclosure.
(e) Exceptional cases. When an employee,
government contractor, licensee, certificate
holder, or grantee of an agency who does not have
original classification authority originates
information believed by that person to require
classification, the information shall be
protected in a manner consistent with this order
and its implementing directives. The information
shall be transmitted promptly as provided under
this order or its implementing directives to the
agency that has appropriate subject matter
interest and classification authority with
respect to this information. That agency shall
decide within 30 days whether to classify this
information. If it is not clear which agency has
classification responsibility for this
information, it shall be sent to the Director of
the Information Security Oversight Office. The
Director shall determine the agency having
primary subject matter interest and forward the
information, with appropriate recommendations, to
that agency for a classification determination.
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 Agencys
Determination Required, or information
classified under predecessor orders that contains
no declassification instructions shall be
declassified in accordance with part 3 of this order.
Sec. 1.6. Identification and Markings. (a) At the
time of original classification, the following
shall appear on the face of each classified
document, or shall be applied to other classified
media in an appropriate manner:
(1) one of the three classification levels
defined in section 1.2 of this order;
(2) the identity, by name or personal identifier
and position, of the original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4) declassification instructions, which shall indicate one of the following:
(A) the date or event for declassification, as
prescribed in section 1.5(a) or section 1.5(c);
(B) the date that is 10 years from the date of
original classification, as prescribed in section 1.5(b); or
(C) the date that is up to 25 years from the date
of original classification, as prescribed in section 1.5(b); and
(5) a concise reason for classification that, at
a minimum, cites the applicable classification
categories in section 1.4 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.
(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 2DERIVATIVE 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 3DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. Authority for Declassification. (a)
Information shall be declassified as soon as it
no longer meets the standards for classification under this order.
(b) It is presumed that information that
continues to meet the classification requirements
under this order requires continued protection.
In some exceptional cases, however, the need to
protect such information may be outweighed by the
public interest in disclosure of the information,
and in these cases the information should be
declassified. When such questions arise, they
shall be referred to the agency head or the
senior agency official. That official will
determine, as an exercise of discretion, whether
the public interest in disclosure outweighs the
damage to the national security that might
reasonably be expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or
procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) If the Director of the Information Security
Oversight Office determines that information is
classified in violation of this order, the
Director may require the information to be
declassified by the agency that originated the
classification. Any such decision by the Director
may be appealed to the President through the
Assistant to the President for National Security
Affairs. The information shall remain classified
pending a prompt decision on the appeal.
(d) The provisions of this section shall also
apply to agencies that, under the terms of this
order, do not have original classification
authority, but had such authority under predecessor orders.
Sec. 3.2. Transferred Records. (a) In the case of
classified records transferred in conjunction
with a transfer of functions, and not merely for
storage purposes, the receiving agency shall be
deemed to be the originating agency for purposes of this order.
(b) In the case of classified records that are
not officially transferred as described in
paragraph (a) of this section, but that
originated in an agency that has ceased to exist
and for which there is no successor agency, each
agency in possession of such records shall be
deemed to be the originating agency for purposes
of this order. Such records may be declassified
or downgraded by the agency in possession after
consultation with any other agency that has an
interest in the subject matter of the records.
(c) Classified records accessioned into the
National Archives and Records Administration
(National Archives) as of the effective date of
this order shall be declassified or downgraded by
the Archivist of the United States (Archivist) in
accordance with this order, the directives issued
pursuant to this order, agency declassification
guides, and any existing procedural agreement
between the Archivist and the relevant agency head.
(d) The originating agency shall take all
reasonable steps to declassify classified
information contained in records determined to
have permanent historical value before they are
accessioned into the National Archives. However,
the Archivist may require that classified records
be accessioned into the National Archives when
necessary to comply with the provisions of the
Federal Records Act [see References in Text note
set out under section 3603 of Title 44, Public
Printing and Documents]. This provision does not
apply to records being transferred to the
Archivist pursuant to section 2203 of title 44,
United States Code, or records for which the
National Archives serves as the custodian of the
records of an agency or organization that has gone out of existence.
(e) To the extent practicable, agencies shall
adopt a system of records management that will
facilitate the public release of documents at the
time such documents are declassified pursuant to
the provisions for automatic declassification in section 3.3 of this order.
Sec. 3.3. Automatic Declassification. (a) Subject
to paragraphs (b)(e) of this section, on
December 31, 2006, all classified records that
(1) are more than 25 years old and (2) have been
determined to have permanent historical value
under title 44, United States Code, shall be
automatically declassified whether or not the
records have been reviewed. Subsequently, all
classified records shall be automatically
declassified on December 31 of the year that is
25 years from the date of its original
classification, except as provided in paragraphs (b)(e) of this section.
(b) An agency head may exempt from automatic
declassification under paragraph (a) of this
section specific information, the release of which could be expected to:
(1) reveal the identity of a confidential human
source, or a human intelligence source, or reveal
information about the application of an intelligence source or method;
(2) reveal information that would assist in the
development or use of weapons of mass destruction;
(3) reveal information that would impair U.S.
cryptologic systems or activities;
(4) reveal information that would impair the
application of state of the art technology within a U.S. weapon system;
(5) reveal actual U.S. military war plans that remain in effect;
(6) reveal information, including foreign
government information, that would seriously and
demonstrably impair relations between the United
States and a foreign government, or seriously and
demonstrably undermine ongoing diplomatic activities of the United States;
(7) reveal information that would clearly and
demonstrably impair the current ability of United
States Government officials to protect the
President, Vice President, and other protectees
for whom protection services, in the interest of
the national security, are authorized;
(8) reveal information that would seriously and
demonstrably impair current national security
emergency preparedness plans or reveal current
vulnerabilities of systems, installations,
infrastructures, or projects relating to the national security; or
(9) violate a statute, treaty, or international agreement.
(c) An agency head shall notify the President
through the Assistant to the President for
National Security Affairs of any specific file
series of records for which a review or
assessment has determined that the information
within that file series almost invariably falls
within one or more of the exemption categories
listed in paragraph (b) of this section and which
the agency proposes to exempt from automatic
declassification. The notification shall include:
(1) a description of the file series;
(2) an explanation of why the information within
the file series is almost invariably exempt from
automatic declassification and why the
information must remain classified for a longer period of time; and
(3) except for the identity of a confidential
human source or a human intelligence source, as
provided in paragraph (b) of this section, a
specific date or event for declassification of
the information. The President may direct the
agency head not to exempt the file series or to
declassify the information within that series at
an earlier date than recommended. File series
exemptions previously approved by the President
shall remain valid without any additional agency action.
(d) At least 180 days before information is
automatically declassified under this section, an
agency head or senior agency official shall
notify the Director of the Information Security
Oversight Office, serving as Executive Secretary
of the Panel, of any specific information beyond
that included in a notification to the President
under paragraph (c) of this section that the
agency proposes to exempt from automatic
declassification. The notification shall include:
(1) a description of the information, either by
reference to information in specific records or
in the form of a declassification guide;
(2) an explanation of why the information is
exempt from automatic declassification and must
remain classified for a longer period of time; and
(3) except for the identity of a confidential
human source or a human intelligence source, as
provided in paragraph (b) of this section, a
specific date or event for declassification of
the information. The Panel may direct the agency
not to exempt the information or to declassify it
at an earlier date than recommended. The agency
head may appeal such a decision to the President
through the Assistant to the President for
National Security Affairs. The information will
remain classified while such an appeal is pending.
(e) The following provisions shall apply to the
onset of automatic declassification:
(1) Classified records within an integral file
block, as defined in this order, that are
otherwise subject to automatic declassification
under this section shall not be automatically
declassified until December 31 of the year that
is 25 years from the date of the most recent record within the file block.
(2) By notification to the Director of the
Information Security Oversight Office, before the
records are subject to automatic
declassification, an agency head or senior agency
official designated under section 5.4 of this
order may delay automatic declassification for up
to 5 additional years for classified information
contained in microforms, motion pictures,
audiotapes, videotapes, or comparable media that
make a review for possible declassification
exemptions more difficult or costly.
(3) By notification to the Director of the
Information Security Oversight Office, before the
records are subject to automatic
declassification, an agency head or senior agency
official designated under section 5.4 of this
order may delay automatic declassification for up
to 3 years for classified records that have been
referred or transferred to that agency by another
agency less than 3 years before automatic
declassification would otherwise be required.
(4) By notification to the Director of the
Information Security Oversight Office, an agency
head or senior agency official designated under
section 5.4 of this order may delay automatic
declassification for up to 3 years from the date
of discovery of classified records that were
inadvertently not reviewed prior to the effective
date of automatic declassification.
(f) Information exempted from automatic
declassification under this section shall remain
subject to the mandatory and systematic
declassification review provisions of this order.
(g) The Secretary of State shall determine when
the United States should commence negotiations
with the appropriate officials of a foreign
government or international organization of
governments to modify any treaty or international
agreement that requires the classification of
information contained in records affected by this
section for a period longer than 25 years from
the date of its creation, unless the treaty or
international agreement pertains to information
that may otherwise remain classified beyond 25 years under this section.
(h) Records containing information that
originated with other agencies or the disclosure
of which would affect the interests or activities
of other agencies shall be referred for review to
those agencies and the information of concern
shall be subject to automatic declassification
only by those agencies, consistent with the
provisions of subparagraphs (e)(3) and (e)(4) of this section.
Sec. 3.4. Systematic Declassification Review. (a)
Each agency that has originated classified
information under this order or its predecessors
shall establish and conduct a program for
systematic declassification review. This program
shall apply to records of permanent historical
value exempted from automatic declassification
under section 3.3 of this order. Agencies shall
prioritize the systematic review of records based
upon the degree of researcher interest and the
likelihood of declassification upon review.
(b) The Archivist shall conduct a systematic
declassification review program for classified
records: (1) accessioned into the National
Archives as of the effective date of this order;
(2) transferred to the Archivist pursuant to
section 2203 of title 44, United States Code; and
(3) for which the National Archives serves as the
custodian for an agency or organization that has
gone out of existence. This program shall apply
to pertinent records no later than 25 years from
the date of their creation. The Archivist shall
establish priorities for the systematic review of
these records based upon the degree of researcher
interest and the likelihood of declassification
upon review. These records shall be reviewed in
accordance with the standards of this order, its
implementing directives, and declassification
guides provided to the Archivist by each agency
that originated the records. The Director of the
Information Security Oversight Office shall
ensure that agencies provide the Archivist with
adequate and current declassification guides.
(c) After consultation with affected agencies,
the Secretary of Defense may establish special
procedures for systematic review for
declassification of classified cryptologic
information, and the Director of Central
Intelligence may establish special procedures for
systematic review for declassification of
classified information pertaining to intelligence
activities (including special activities), or intelligence sources or methods.
Sec. 3.5. Mandatory Declassification Review. (a)
Except as provided in paragraph (b) of this
section, all information classified under this
order or predecessor orders shall be subject to a
review for declassification by the originating agency if:
(1) the request for a review describes the
document or material containing the information
with sufficient specificity to enable the agency
to locate it with a reasonable amount of effort;
(2) the information is not exempted from search
and review under sections 105C [now 702], 105D
[now 703], or 701 of the National Security Act of
1947 (50 U.S.C. 4035c [now 432], 4035e [now 432a], and 431); and
(3) the information has not been reviewed for
declassification within the past 2 years. If the
agency has reviewed the information within the
past 2 years, or the information is the subject
of pending litigation, the agency shall inform
the requester of this fact and of the requesters appeal rights.
(b) Information originated by:
(1) the incumbent President or, in the
performance of executive duties, the incumbent Vice President;
(2) the incumbent Presidents White House Staff
or, in the performance of executive duties, the
incumbent Vice Presidents Staff;
(3) committees, commissions, or boards appointed
by the incumbent President; or
(4) other entities within the Executive Office of
the President that solely advise and assist the
incumbent President is exempted from the
provisions of paragraph (a) of this section.
However, the Archivist shall have the authority
to review, downgrade, and declassify papers or
records of former Presidents under the control of
the Archivist pursuant to sections 2107, 2111,
2111 note, or 2203 of title 44, United States
Code. Review procedures developed by the
Archivist shall provide for consultation with
agencies having primary subject matter interest
and shall be consistent with the provisions of
applicable laws or lawful agreements that pertain
to the respective Presidential papers or records.
Agencies with primary subject matter interest
shall be notified promptly of the Archivists
decision. Any final decision by the Archivist may
be appealed by the requester or an agency to the
Panel. The information shall remain classified
pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for
declassification shall declassify information
that no longer meets the standards for
classification under this order. They shall
release this information unless withholding is
otherwise authorized and warranted under applicable law.
(d) In accordance with directives issued pursuant
to this order, agency heads shall develop
procedures to process requests for the mandatory
review of classified information. These
procedures shall apply to information classified
under this or predecessor orders. They also shall
provide a means for administratively appealing a
denial of a mandatory review request, and for
notifying the requester of the right to appeal a
final agency decision to the Panel.
(e) After consultation with affected agencies,
the Secretary of Defense shall develop special
procedures for the review of cryptologic
information; the Director of Central Intelligence
shall develop special procedures for the review
of information pertaining to intelligence
activities (including special activities), or
intelligence sources or methods; and the
Archivist shall develop special procedures for
the review of information accessioned into the National Archives.
Sec. 3.6. Processing Requests and Reviews. In
response to a request for information under the
Freedom of Information Act [5 U.S.C. 552], the
Privacy Act of 1974 [5 U.S.C. 552a], or the
mandatory review provisions of this order, or
pursuant to the automatic declassification or
systematic review provisions of this order:
(a) An agency may refuse to confirm or deny the
existence or nonexistence of requested records
whenever the fact of their existence or
nonexistence is itself classified under this order or its predecessors.
(b) When an agency receives any request for
documents in its custody that contain information
that was originally classified by another agency,
or comes across such documents in the process of
the automatic declassification or systematic
review provisions of this order, it shall refer
copies of any request and the pertinent documents
to the originating agency for processing, and
may, after consultation with the originating
agency, inform any requester of the referral
unless such association is itself classified
under this order or its predecessors. In cases in
which the originating agency determines in
writing that a response under paragraph (a) of
this section is required, the referring agency
shall respond to the requester in accordance with that paragraph.
Sec. 3.7. Declassification Database. (a) The
Director of the Information Security Oversight
Office, in conjunction with those agencies that
originate classified information, shall
coordinate the linkage and effective utilization
of existing agency databases of records that have
been declassified and publicly released.
(b) Agency heads shall fully cooperate with the
Director of the Information Security Oversight Office in these efforts.
PART 4SAFEGUARDING
Sec. 4.1. General Restrictions on Access. (a) A
person may have access to classified information provided that:
(1) a favorable determination of eligibility for
access has been made by an agency head or the agency heads designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for
access to classified information in paragraph (a)
of this section shall receive contemporaneous
training on the proper safeguarding of classified
information and on the criminal, civil, and
administrative sanctions that may be imposed on
an individual who fails to protect classified
information from unauthorized disclosure.
(c) Classified information shall remain under the
control of the originating agency or its
successor in function. An agency shall not
disclose information originally classified by
another agency without its authorization. An
official or employee leaving agency service may
not remove classified information from the agencys control.
(d) Classified information may not be removed
from official premises without proper authorization.
(e) Persons authorized to disseminate classified
information outside the executive branch shall
ensure the protection of the information in a
manner equivalent to that provided within the executive branch.
(f) Consistent with law, directives, and
regulation, an agency head or senior agency
official shall establish uniform procedures to
ensure that automated information systems,
including networks and telecommunications
systems, that collect, create, communicate,
compute, disseminate, process, or store
classified information have controls that:
(1) prevent access by unauthorized persons; and
(2) ensure the integrity of the information.
(g) Consistent with law, directives, and
regulation, each agency head or senior agency
official shall establish controls to ensure that
classified information is used, processed,
stored, reproduced, transmitted, and destroyed
under conditions that provide adequate protection
and prevent access by unauthorized persons.
(h) Consistent with directives issued pursuant to
this order, an agency shall safeguard foreign
government information under standards that
provide a degree of protection at least
equivalent to that required by the government or
international organization of governments that
furnished the information. When adequate to
achieve equivalency, these standards may be less
restrictive than the safeguarding standards that
ordinarily apply to United States Confidential
information, including modified handling and
transmission and allowing access to individuals
with a need-to-know who have not otherwise been
cleared for access to classified information or
executed an approved nondisclosure agreement.
(i) Except as otherwise provided by statute, this
order, directives implementing this order, or by
direction of the President, classified
information originating in one agency shall not
be disseminated outside any other agency to which
it has been made available without the consent of
the originating agency. An agency head or senior
agency official may waive this requirement for
specific information originated within that
agency. For purposes of this section, the
Department of Defense shall be considered one
agency. Prior consent is not required when
referring records for declassification review
that contain information originating in several agencies.
Sec. 4.2. Distribution Controls. (a) Each agency
shall establish controls over the distribution of
classified 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 that are
extraordinarily sensitive and vulnerable, to the Director only.
(4) The agency head or principal deputy shall
review annually each special access program to
determine whether it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the
Assistant to the President for National Security
Affairs, or a designee, on any or all of the agencys special access programs.
(c) Nothing in this order shall supersede any
requirement made by or under 10 U.S.C. 119.
Sec. 4.4. Access by Historical Researchers and
Certain Former Government Personnel. (a) The
requirement in section 4.1(a)(3) of this order
that access to classified information may be
granted only to individuals who have a
need-to-know the information may be waived for persons who:
(1) are engaged in historical research projects;
(2) previously have occupied policy-making
positions to which they were appointed by the
President under section 105 (a)(2)(A) of title 3,
United States Code, or the Vice President under
106(a)(1)(A) of title 3, United States Code; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted
only if the agency head or senior agency official of the originating agency:
(1) determines in writing that access is
consistent with the interest of the national security;
(2) takes appropriate steps to protect classified
information from unauthorized disclosure or
compromise, and ensures that the information is
safeguarded in a manner consistent with this order; and
(3) limits the access granted to former
Presidential appointees and Vice Presidential
appointees to items that the person originated,
reviewed, signed, or received while serving as a
Presidential appointee or a Vice Presidential appointee.
PART 5IMPLEMENTATION AND REVIEW
Sec. 5.1. Program Direction. (a) The Director of
the Information Security Oversight Office, under
the direction of the Archivist and in
consultation with the Assistant to the President
for National Security Affairs, shall issue such
directives as are necessary to implement this
order. These directives shall be binding upon the
agencies. Directives issued by the Director of
the Information Security Oversight Office shall establish standards for:
(1) classification and marking principles;
(2) safeguarding classified information, which
shall pertain to the handling, storage,
distribution, transmittal, and destruction of and
accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the
implementation and monitoring functions of this
program to the Director of the Information Security Oversight Office.
Sec. 5.2. Information Security Oversight Office.
(a) There is established within the National
Archives an Information Security Oversight
Office. The Archivist shall appoint the Director
of the Information Security Oversight Office,
subject to the approval of the President.
(b) Under the direction of the Archivist, acting
in consultation with the Assistant to the
President for National Security Affairs, the
Director of the Information Security Oversight Office shall:
(1) develop directives for the implementation of this order;
(2) oversee agency actions to ensure compliance
with this order and its implementing directives;
(3) review and approve agency implementing
regulations and agency guides for systematic
declassification review prior to their issuance by the agency;
(4) have the authority to conduct on-site reviews
of each agencys program established under this
order, and to require of each agency those
reports, information, and other cooperation that
may be necessary to fulfill its responsibilities.
If granting access to specific categories of
classified information would pose an exceptional
national security risk, the affected agency head
or the senior agency official shall submit a
written justification recommending the denial of
access to the President through the Assistant to
the President for National Security Affairs
within 60 days of the request for access. Access
shall be denied pending the response;
(5) review requests for original classification
authority from agencies or officials not granted
original classification authority and, if deemed
appropriate, recommend Presidential approval
through the Assistant to the President for National Security Affairs;
(6) consider and take action on complaints and
suggestions from persons within or outside the
Government with respect to the administration of
the program established under this order;
(7) have the authority to prescribe, after
consultation with affected agencies,
standardization of forms or procedures that will
promote the implementation of the program established under this order;
(8) report at least annually to the President on
the implementation of this order; and
(9) convene and chair interagency meetings to
discuss matters pertaining to the program established by this order.
Sec. 5.3. Interagency Security Classification Appeals Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security
Classification Appeals Panel. The Departments of
State, Defense, and Justice, the Central
Intelligence Agency, the National Archives, and
the Assistant to the President for National
Security Affairs shall each be represented by a
senior-level representative who is a full-time or
permanent part-time Federal officer or employee
designated to serve as a member of the Panel by
the respective agency head. The President shall
select the Chair of the Panel from among the Panel members.
(2) A vacancy on the Panel shall be filled as
quickly as possible as provided in paragraph (a)(1) of this section.
(3) The Director of the Information Security
Oversight Office shall serve as the Executive
Secretary. The staff of the Information Security
Oversight Office shall provide program and
administrative support for the Panel.
(4) The members and staff of the Panel shall be
required to meet eligibility for access standards
in order to fulfill the Panels functions.
(5) The Panel shall meet at the call of the
Chair. The Chair shall schedule meetings as may
be necessary for the Panel to fulfill its functions in a timely manner.
(6) The Information Security Oversight Office
shall include in its reports to the President a
summary of the Panels activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed
classification challenges under section 1.8 of this order;
(2) approve, deny, or amend agency exemptions
from automatic declassification as provided in section 3.3 of this order; and
(3) decide on appeals by persons or entities who
have filed requests for mandatory
declassification review under section 3.5 of this order.
(c) Rules and procedures. The Panel shall issue
bylaws, which shall be published in the Federal
Register. The bylaws shall establish the rules
and procedures that the Panel will follow in
accepting, considering, and issuing decisions on
appeals. The rules and procedures of the Panel
shall provide that the Panel will consider appeals only on actions in which:
(1) the appellant has exhausted his or her
administrative remedies within the responsible agency;
(2) there is no current action pending on the
issue within the Federal courts; and
(3) the information has not been the subject of
review by the Federal courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the
Panel so that it can fulfill its functions in a
timely and fully informed manner. An agency head
may appeal a decision of the Panel to the
President through the Assistant to the President
for National Security Affairs. The Panel shall
report to the President through the Assistant to
the President for National Security Affairs any
instance in which it believes that an agency head
is not cooperating fully with the Panel.
(e) The Panel is established for the sole purpose
of advising and assisting the President in the
discharge of his constitutional and discretionary
authority to protect the national security of the
United States. Panel decisions are committed to
the discretion of the Panel, unless changed by the President.
(f) Notwithstanding paragraphs (a) through (e) of
this section, whenever the Panel reaches a
conclusion that information owned or controlled
by the Director of Central Intelligence
(Director) should be declassified, and the
Director notifies the Panel that he objects to
its conclusion because he has determined that the
information could reasonably be expected to cause
damage to the national security and to reveal (1)
the identity of a human intelligence source, or
(2) information about the application of an
intelligence source or method (including any
information that concerns, or is provided as a
result of, a relationship with a cooperating
intelligence element of a foreign government),
the information shall remain classified unless
the Directors determination is appealed to the
President, and the President reverses the determination.
Sec. 5.4. General Responsibilities. Heads of
agencies that originate or handle classified information shall:
(a) demonstrate personal commitment and commit
senior management to the successful
implementation of the program established under this order;
(b) commit necessary resources to the effective
implementation of the program established under this order;
(c) ensure that agency records systems are
designed and maintained to optimize the
safeguarding of classified information, and to
facilitate its declassification under the terms
of this order when it no longer meets the
standards for continued classification; and
(d) designate a senior agency official to direct
and administer the program, whose responsibilities shall include:
(1) overseeing the agencys program established
under this order, provided, an agency head may
designate a separate official to oversee special
access programs authorized under this order. This
official shall provide a full accounting of the
agencys special access programs at least annually;
(2) promulgating implementing regulations, which
shall be published in the Federal Register to the
extent that they affect members of the public;
(3) establishing and maintaining security education and training programs;
(4) establishing and maintaining an ongoing
self-inspection program, which shall include the
periodic review and assessment of the agencys classified product;
(5) establishing procedures to prevent
unnecessary access to classified information, including procedures that:
(A) require that a need for access to classified
information is established before initiating
administrative clearance procedures; and
(B) ensure that the number of persons granted
access to classified information is limited to
the minimum consistent with operational and security requirements and needs;
(6) developing special contingency plans for the
safeguarding of classified information used in or
near hostile or potentially hostile areas;
(7) ensuring that the performance contract or
other system used to rate civilian or military
personnel performance includes the management of
classified information as a critical element or
item to be evaluated in the rating of:
(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties
significantly involve the creation or handling of classified information;
(8) accounting for the costs associated with the
implementation of this order, which shall be
reported to the Director of the Information
Security Oversight Office for publication; and
(9) assigning in a prompt manner agency personnel
to respond to any request, appeal, challenge,
complaint, or suggestion arising out of this
order that pertains to classified information
that originated in a component of the agency that
no longer exists and for which there is no clear successor in function.
Sec. 5.5. Sanctions. (a) If the Director of the
Information Security Oversight Office finds that
a violation of this order or its implementing
directives has occurred, the Director shall make
a report to the head of the agency or to the
senior agency official so that corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States
Government, and its contractors, licensees,
certificate holders, and grantees shall be
subject to appropriate sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information
properly classified under this order or predecessor orders;
(2) classify or continue the classification of
information in violation of this order or any implementing directive;
(3) create or continue a special access program
contrary to the requirements of this order; or
(4) contravene any other provision of this order
or its implementing directives.
(c) Sanctions may include reprimand, suspension
without pay, removal, termination of
classification authority, loss or denial of
access to classified information, or other
sanctions in accordance with applicable law and agency regulation.
(d) The agency head, senior agency official, or
other supervisory official shall, at a minimum,
promptly remove the classification authority of
any individual who demonstrates reckless
disregard or a pattern of error in applying the
classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action
when a violation or infraction under paragraph (b) of this section occurs; and
(2) notify the Director of the Information
Security Oversight Office when a violation under
paragraph (b)(1), (2), or (3) of this section occurs.
PART 6GENERAL PROVISIONS
Sec. 6.1. Definitions. For purposes of this order:
(a) Access means the ability or opportunity to
gain knowledge of classified information.
(b) Agency means any Executive agency, as
defined in 5 U.S.C. 105; any Military
department as defined in 5 U.S.C. 102; and any
other entity within the executive branch that
comes into the possession of classified information.
(c) Automated information system means an
assembly of computer hardware, software, or
firmware configured to collect, create,
communicate, compute, disseminate, process,
store, or control data or information.
(d) Automatic declassification means the
declassification of information based solely upon:
(1) the occurrence of a specific date or event as
determined by the original classification authority; or
(2) the expiration of a maximum time frame for
duration of classification established under this order.
(e) Classification means the act or process by
which information is determined to be classified information.
(f) Classification guidance means any
instruction or source that prescribes the
classification of specific information.
(g) Classification guide means a documentary
form of classification guidance issued by an
original classification authority that identifies
the elements of information regarding a specific
subject that must be classified and establishes
the level and duration of classification for each such element.
(h) Classified national security information or
classified information means information that
has been determined pursuant to this order or any
predecessor order to require protection against
unauthorized disclosure and is marked to indicate
its classified status when in documentary form.
(i) Confidential source means any individual or
organization that has provided, or that may
reasonably be expected to provide, information to
the United States on matters pertaining to the
national security with the expectation that the
information or relationship, or both, are to be held in confidence.
(j) Damage to the national security means harm
to the national defense or foreign relations of
the United States from the unauthorized
disclosure of information, taking into
consideration such aspects of the information as
the sensitivity, value, utility, and provenance of that information.
(k) Declassification means the authorized
change in the status of information from
classified information to unclassified information.
(l) Declassification authority means:
(1) the official who authorized the original
classification, if that official is still serving in the same position;
(2) the originators current successor in function;
(3) a supervisory official of either; or
(4) officials delegated declassification
authority in writing by the agency head or the senior agency official.
(m) Declassification guide means written
instructions issued by a declassification
authority that describes the elements of
information regarding a specific subject that may
be declassified and the elements that must remain classified.
(n) Derivative classification means the
incorporating, paraphrasing, restating, or
generating in new form information that is
already classified, and marking the newly
developed material consistent with the
classification markings that apply to the source
information. Derivative classification includes
the classification of information based on
classification guidance. The duplication or
reproduction of existing classified 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.
(t) Infraction means any knowing, willful, or
negligent action contrary to the requirements of
this order or its implementing directives that
does not constitute a violation, as defined below.
(u) Integral file block means a distinct
component of a file series, as defined in this
section, that should be maintained as a separate
unit in order to ensure the integrity of the
records. An integral file block may consist of a
set of records covering either a specific topic
or a range of time such as presidential
administration or a 5-year retirement schedule
within a specific file series that is retired from active use as a group.
(v) Integrity means the state that exists when
information is unchanged from its source and has
not been accidentally or intentionally modified, altered, or destroyed.
(w) Mandatory declassification review means the
review for declassification of classified
information in response to a request for
declassification that meets the requirements under section 3.5 of this order.
(x) Multiple sources means two or more source
documents, classification guides, or a combination of both.
(y) National security means the national
defense or foreign relations of the United States.
(z) Need-to-know means a determination made by
an authorized holder of classified information
that a prospective recipient requires access to
specific classified information in order to
perform or assist in a lawful and authorized governmental function.
(aa) Network means a system of two or more
computers that can exchange data or information.
(bb) Original classification means an initial
determination that information requires, in the
interest of the national security, protection against unauthorized disclosure.
(cc) Original classification authority means an
individual authorized in writing, either by the
President, the Vice President in the performance
of executive duties, or by agency heads or other
officials designated by the President, to
classify information in the first instance.
(dd) Records means the records of an agency and
Presidential papers or Presidential records, as
those terms are defined in title 44, United
States Code, including those created or
maintained by a government contractor, licensee,
certificate holder, or grantee that are subject
to the sponsoring agencys control under the
terms of the contract, license, certificate, or grant.
(ee) Records having permanent historical value
means Presidential papers or Presidential records
and the records of an agency that the Archivist
has determined should be maintained permanently
in accordance with title 44, United States Code.
(ff) Records management means the planning,
controlling, directing, organizing, training,
promoting, and other managerial activities
involved with respect to records creation,
records maintenance and use, and records
disposition in order to achieve adequate and
proper documentation of the policies and
transactions of the Federal Government and
effective and economical management of agency operations.
(gg) Safeguarding means measures and controls
that are prescribed to protect classified information.
(hh) Self-inspection means the internal review
and evaluation of individual agency activities
and the agency as a whole with respect to the
implementation of the program established under
this order and its implementing directives.
(ii) Senior agency official means the official
designated by the agency head under section
5.4(d) of this order to direct and administer the
agencys program under which information is
classified, safeguarded, and declassified.
(jj) Source document means an existing document
that contains classified information that is
incorporated, paraphrased, restated, or generated
in new form into a new document.
(kk) Special access program means a program
established for a specific class of classified
information that imposes safeguarding and access
requirements that exceed those normally required
for information at the same classification level.
(ll) Systematic declassification review means
the review for declassification of classified
information contained in records that have been
determined by the Archivist to have permanent
historical value in accordance with title 44, United States Code.
(mm) Telecommunications means the preparation,
transmission, or communication of information by electronic means.
(nn) Unauthorized disclosure means a
communication or physical transfer of classified
information to an unauthorized recipient.
(oo) Violation means:
(1) any knowing, willful, or negligent action
that could reasonably be expected to result in an
unauthorized disclosure of classified information;
(2) any knowing, willful, or negligent action to
classify or continue the classification of
information contrary to the requirements of this
order or its implementing directives; or
(3) any knowing, willful, or negligent action to
create or continue a special access program
contrary to the requirements of this order.
(pp) Weapons of mass destruction means
chemical, biological, radiological, and nuclear weapons.
Sec. 6.2. General Provisions. (a) Nothing in this
order shall supersede any requirement made by or
under the Atomic Energy Act of 1954, as amended
[42 U.S.C. 2011 et seq.], or the National
Security Act of 1947, as amended [act July 26,
1947, see Short Title note set out under section
401 of this title]. 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 [5 U.S.C. 552] exemptions, the
Privacy Act of 1974 [5 U.S.C. 552a], 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. [sic]
(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.
Officials Designated To Classify National Security Information
Executive Secretary of National Security Council
designated to exercise authority of President to
classify certain information originally as Top
Secret by section 7(b) of Ex. Ord. No. 13010,
July 15, 1996, 61 F.R. 37347, as amended, set out
as a note under section 5195 of Title 42, The Public Health and Welfare.
Order of President of the United States, dated
Oct. 13, 1995, 60 F.R. 53845, provided:
Pursuant to the provisions of Section 1.4 of
Executive Order No. 12958 of April 17, 1995,
entitled Classified National Security
Information, [set out above] I hereby designate
the following officials to classify information
originally as Top Secret, Secret, or Confidential:
TOP SECRET
Executive Office of the President:
The Vice President
The Chief of Staff to the President
The Director, Office of Management and Budget
The Assistant to the President for National Security Affairs
The Director, Office of National Drug Control Policy
The Chairman, Presidents Foreign Intelligence Advisory Board
Departments and Agencies:
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General
The Secretary of Energy
The Chairman, Nuclear Regulatory Commission
The Director, United States Arms Control and Disarmament Agency
The Director of Central Intelligence
The Administrator, National Aeronautics and Space Administration
The Director, Federal Emergency Management Agency
SECRET
Executive Office of the President:
The United States Trade Representative
The Chairman, Council of Economic Advisers
The Director, Office of Science and Technology Policy
Departments and Agencies:
The Secretary of Commerce
The Secretary of Transportation
The Administrator, Agency for International Development
The Director, United States Information Agency
CONFIDENTIAL
The President, Export-Import Bank of the United States
The President, Overseas Private Investment Corporation
Any delegation of this authority shall be in
accordance with Section 1.4(c) of Executive Order No. 12958.
This Order shall be published in the Federal Register.
William J. Clinton.
[For abolition of United States Arms Control and
Disarmament Agency and United States Information
Agency (other than Broadcasting Board of
Governors and International Broadcasting Bureau),
transfer of functions, and treatment of
references, see sections 65116521, 6531, 6532,
and 6551 of Title 22, Foreign Relations and Intercourse.]
Order of President of the United States, dated
Feb. 27, 1996, 61 F.R. 7977, provided:
Pursuant to the provisions of section 1.4 of
Executive Order No. 12958 of April 17, 1995,
entitled Classified National Security
Information, [set out above] I hereby designate
the following additional officials to classify
information originally as Top Secret:
The Chair, Commission on the Roles and
Capabilities of the United States Intelligence Community
The Director, National Counterintelligence Center
The Chair of the Commission on the Roles and
Capabilities of the United States Intelligence
Community, shall exercise the authority to
classify information originally as Top Secret
during the existence of the Commission and for
such time afterwards as may be necessary to
complete the Commissions administrative affairs.
The authority of the Director of the National
Counterintelligence Center to classify
information originally as Top Secret is limited
to those circumstances in which the original
classification of information is necessary in
order for the Center to fulfill its mission and functions.
Any delegation of this authority shall be in
accordance with section 1.4(c) of Executive Order No. 12958.
This order shall be published in the Federal Register.
William J. Clinton.
Order of President of the United States, dated
Feb. 26, 1997, 62 F.R. 9349, provided:
Pursuant to the provisions of section 1.4 of
Executive Order 12958 of April 17, 1995, entitled
Classified National Security Information, [set
out above] I hereby designate the following
additional official to classify information originally as Top Secret:
The Chair, Presidents Commission on Critical Infrastructure Protection.
The Chair of the Presidents Commission on
Critical Infrastructure Protection, established
under Executive Order 13010 of July 15, 1996 [42
U.S.C. 5195 note ], shall exercise the authority
to classify information originally as Top
Secret during the existence of the Commission.
Any delegation of this authority shall be in
accordance with section 1.4(c) of Executive Order 12958.
This order shall be published in the Federal Register.
William J. Clinton.
Order of President of the United States, dated
Dec. 10, 2001, 66 F.R. 64347, provided:
Pursuant to the provisions of section 1.4 of
Executive Order 12958 of April 17, 1995, entitled
Classified National Security Information, [set
out above] I hereby designate the Secretary of
Health and Human Services to classify information originally as Secret.
Any delegation of this authority shall be in
accordance with section 1.4(c) of Executive Order 12958.
This order shall be published in the Federal Register.
George W. Bush.
Order of President of the United States, dated
May 6, 2002, 67 F.R. 31109, provided:
In accordance with the provisions of section 1.4
of Executive Order 12958 of April 17, 1995,
entitled Classified National Security
Information, [set out above] I hereby designate
the Administrator of the Environmental Protection
Agency to classify information originally as Secret.
Any delegation of this authority shall be in
accordance with section 1.4(c) of Executive Order 12958.
This order shall be published in the Federal Register.
George W. Bush.
Order of President of the United States, dated
Sept. 26, 2002, 67 F.R. 61465, provided:
In accordance with the provisions of section 1.4
of Executive Order 12958 of April 17, 1995,
entitled Classified National Security
Information, [set out above] I hereby designate
the Secretary of Agriculture to classify information originally as Secret.
Any delegation of this authority shall be in
accordance with section 1.4(c) of Executive Order 12958.
This order shall be published in the Federal Register.
George W. Bush.
Order of President of the United States, dated
Sept. 17, 2003, 68 F.R. 55257, provided:
Consistent with the provisions of section 1.3 of
Executive Order 12958 of April 17, 1995, as
amended, entitled Classified National Security
Information, [set out above] I hereby designate
the Director of the Office of Science and
Technology Policy to classify information originally as Top Secret.
Any delegation of this authority shall be in
accordance with section 1.3(c) of Executive Order 12958, as amended.
This order shall be published in the Federal Register.
George W. Bush.
Order of President of the United States, dated
Apr. 21, 2005, 70 F.R. 21609, provided:
Consistent with the provisions of section 1.3 of
Executive Order 12958 of April 17, 1995, as
amended, entitled Classified National Security
Information, [set out above] I hereby designate
the following officers to classify information originally as Top Secret:
Director of National Intelligence; and
Director of the Central Intelligence Agency.
Any delegation of this authority shall be in
accordance with section 1.3(c) of Executive Order 12958, as amended.
This order shall be published in the Federal Register.
George W. Bush.
Ex. Ord. No. 12968. Access to Classified Information
Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, provided:
The national interest requires that certain
information be maintained in confidence through a
system of classification in order to protect our
citizens, our democratic institutions, and our
participation within the community of nations.
The unauthorized disclosure of information
classified in the national interest can cause
irreparable damage to the national security and loss of human life.
Security policies designed to protect classified
information must ensure consistent, cost
effective, and efficient protection of our
Nations classified information, while providing
fair and equitable treatment to those Americans
upon whom we rely to guard our national security.
This order establishes a uniform Federal
personnel security program for employees who will
be considered for initial or continued access to classified information.
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 1DEFINITIONS, ACCESS TO CLASSIFIED
INFORMATION, FINANCIAL DISCLOSURE, AND OTHER ITEMS
Section 1.1. Definitions. For the purposes of
this order: (a) Agency means any Executive
agency, as defined in 5 U.S.C. 105, the
military departments, as defined in 5 U.S.C.
102, and any other entity within the executive
branch that comes into the possession of
classified information, including the Defense
Intelligence Agency, National Security Agency,
and the National Reconnaissance Office.
(b) Applicant means a person other than an
employee who has received an authorized
conditional offer of employment for a position
that requires access to classified information.
(c) Authorized investigative agency means an
agency authorized by law or regulation to conduct
a counterintelligence investigation or
investigation of persons who are proposed for
access to classified information to ascertain
whether such persons satisfy the criteria for
obtaining and retaining access to such information.
(d) Classified information means information
that has been determined pursuant to Executive
Order No. 12958 [set out above], or any successor
order, Executive Order No. 12951 [set out above],
or any successor order, or the Atomic Energy Act
of 1954 (42 U.S.C. 2011 [et seq.]), to require
protection against unauthorized disclosure.
(e) Employee means a person, other than the
President and Vice President, employed by,
detailed or assigned to, an agency, including
members of the Armed Forces; an expert or
consultant to an agency; an industrial or
commercial contractor, licensee, certificate
holder, or grantee of an agency, including all
subcontractors; a personal services contractor;
or any other category of person who acts for or
on behalf of an agency as determined by the appropriate agency head.
(f) Foreign power and agent of a foreign
power have the meaning provided in 50 U.S.C. 1801.
(g) Need for access means a determination that
an employee requires access to a particular level
of classified information in order to perform or
assist in a lawful and authorized governmental function.
(h) 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.
(i) Overseas Security Policy Board means the
Board established by the President to consider,
develop, coordinate and promote policies,
standards and agreements on overseas security
operations, programs and projects that affect all
United States Government agencies under the authority of a Chief of Mission.
(j) Security Policy Board means the Board
established by the President to consider,
coordinate, and recommend policy directives for
U.S. security policies, procedures, and practices.
(k) Special access program has the meaning
provided in section 4.1 of Executive Order No.
12958 [set out above], or any successor order.
Sec. 1.2. Access to Classified Information. (a)
No employee shall be granted access to classified
information unless that employee has been
determined to be eligible in accordance with this
order and to possess a need-to-know.
(b) Agency heads shall be responsible for
establishing and maintaining an effective program
to ensure that access to classified information
by each employee is clearly consistent with the
interests of the national security.
(c) Employees shall not be granted access to
classified information unless they:
(1) have been determined to be eligible for
access under section 3.1 of this order by agency
heads or designated officials based upon a
favorable adjudication of an appropriate
investigation of the employees background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to
investigation by an appropriate government
authority prior to being granted access to
classified information and at any time during the
period of access to ascertain whether they
continue to meet the requirements for access.
(e)(1) All employees granted access to classified
information shall be required as a condition of
such access to provide to the employing agency
written consent permitting access by an
authorized investigative agency, for such time as
access to classified information is maintained
and for a period of 3 years thereafter, to:
(A) relevant financial records that are
maintained by a financial institution as defined
in 31 U.S.C. 5312 (a) or by a holding company as
defined in section 1101(6) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401[(6)]);
(B) consumer reports pertaining to the employee
under the Fair Credit Reporting Act (15 U.S.C. 1681a [1681 et seq.]); and
(C) records maintained by commercial entities
within the United States pertaining to any travel
by the employee outside the United States.
(2) Information may be requested pursuant to
employee consent under this section where:
(A) there are reasonable grounds to believe,
based on credible information, that the employee
or former employee is, or may be, disclosing
classified information in an unauthorized manner
to a foreign power or agent of a foreign power;
(B) information the employing agency deems
credible indicates the employee or former
employee has incurred excessive indebtedness or
has acquired a level of affluence that cannot be
explained by other information; or
(C) circumstances indicate the employee or former
employee had the capability and opportunity to
disclose classified information that is known to
have been lost or compromised to a foreign power
or an agent of a foreign power.
(3) Nothing in this section shall be construed to
affect the authority of an investigating agency
to obtain information pursuant to the Right to
Financial Privacy Act [of 1978, 12 U.S.C. 3401 et
seq.], the Fair Credit Reporting Act [15 U.S.C.
1681 et seq.] or any other applicable law.
Sec. 1.3. Financial Disclosure. (a) Not later
than 180 days after the effective date of this
order, the head of each agency that originates,
handles, transmits, or possesses classified
information shall designate each employee, by
position or category where possible, who has a
regular need for access to classified information
that, in the discretion of the agency head, would reveal:
(1) the identity of covert agents as defined in
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 [et seq.]);
(2) technical or specialized national
intelligence collection and processing systems
that, if disclosed in an unauthorized manner,
would substantially negate or impair the effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation,
or use of any code, cipher, or cryptographic system or;
(B) the design, construction, functioning,
maintenance, or repair of any cryptographic
equipment; but not including information
concerning the use of cryptographic equipment and services;
(4) particularly sensitive special access
programs, the disclosure of which would
substantially negate or impair the effectiveness
of the information or activity involved; or
(5) especially sensitive nuclear weapons design
information (but only for those positions that
have been certified as being of a high degree of
importance or sensitivity, as described in
section 145(f) of the Atomic Energy Act of 1954,
as amended [42 U.S.C. 2165 (f)]).
(b) An employee may not be granted access, or
hold a position designated as requiring access,
to information described in subsection (a)
unless, as a condition of access to such information, the employee:
(1) files with the head of the agency a financial
disclosure report, including information with
respect to the spouse and dependent children of
the employee, as part of all background investigations or reinvestigations;
(2) is subject to annual financial disclosure
requirements, if selected by the agency head; and
(3) files relevant information concerning foreign
travel, as determined by the Security Policy Board.
(c) Not later than 180 days after the effective
date of this order, the Security Policy Board
shall develop procedures for the implementation
of this section, including a standard financial
disclosure form for use by employees under
subsection (b) of this section, and agency heads
shall identify certain employees, by position or
category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data
Bases. As part of all investigations and
reinvestigations described in section 1.2(d) of
this order, agencies may request the Department
of the Treasury, under terms and conditions
prescribed by the Secretary of the Treasury, to
search automated data bases consisting of reports
of currency transactions by financial
institutions, international transportation of
currency or monetary instruments, foreign bank
and financial accounts, transactions under
$10,000 that are reported as possible money
laundering violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance. The
head of each agency that grants access to
classified information shall establish a program
for employees with access to classified
information to: (a) educate employees about
individual responsibilities under this order; and
(b) inform employees about guidance and
assistance available concerning issues that may
affect their eligibility for access to classified
information, including sources of assistance for
employees who have questions or concerns about
financial matters, mental health, or substance abuse.
PART 2ACCESS ELIGIBILITY POLICY AND PROCEDURE
Sec. 2.1. Eligibility Determinations. (a)
Determinations of eligibility for access to
classified information shall be based on criteria
established under this order. Such determinations
are separate from suitability determinations with
respect to the hiring or retention of persons for
employment by the government or any other personnel actions.
(b) The number of employees that each agency
determines are eligible for access to classified
information shall be kept to the minimum required
for the conduct of agency functions.
(1) Eligibility for access to classified
information shall not be requested or granted
solely to permit entry to, or ease of movement
within, controlled areas when the employee has no
need for access and access to classified
information may reasonably be prevented. Where
circumstances indicate employees may be
inadvertently exposed to classified information
in the course of their duties, agencies are
authorized to grant or deny, in their discretion,
facility access approvals to such employees based
on an appropriate level of investigation as determined by each agency.
(2) Except in agencies where eligibility for
access is a mandatory condition of employment,
eligibility for access to classified information
shall only be requested or granted based on a
demonstrated, foreseeable need for access.
Requesting or approving eligibility in excess of
actual requirements is prohibited.
(3) Eligibility for access to classified
information may be granted where there is a
temporary need for access, such as one-time
participation in a classified project, provided
the investigative standards established under
this order have been satisfied. In such cases, a
fixed date or event for expiration shall be
identified and access to classified information
shall be limited to information related to the
particular project or assignment.
(4) Access to classified information shall be
terminated when an employee no longer has a need for access.
Sec. 2.2. Level of Access Approval. (a) The level
at which an access approval is granted for an
employee shall be limited, and relate directly,
to the level of classified information for which
there is a need for access. Eligibility for
access to a higher level of classified
information includes eligibility for access to
information classified at a lower level.
(b) Access to classified information relating to
a special access program shall be granted in
accordance with procedures established by the
head of the agency that created the program or,
for programs pertaining to intelligence
activities (including special activities but not
including military operational, strategic, and
tactical programs) or intelligence sources and
methods, by the Director of Central Intelligence.
To the extent possible and consistent with the
national security interests of the United States,
such procedures shall be consistent with the
standards and procedures established by and under this order.
Sec. 2.3. Temporary Access to Higher Levels. (a)
An employee who has been determined to be
eligible for access to classified information
based on favorable adjudication of a completed
investigation may be granted temporary access to
a higher level where security personnel
authorized by the agency head to make access
eligibility determinations find that such access:
(1) is necessary to meet operational or
contractual exigencies not expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable
information that is made the subject of a written access record.
(b) Where the access granted under subsection (a)
of this section involves another agencys
classified information, that agency must concur
before access to its information is granted.
Sec. 2.4. Reciprocal Acceptance of Access
Eligibility Determinations. (a) Except when an
agency has substantial information indicating
that an employee may not satisfy the standards in
section 3.1 of this order, background
investigations and eligibility determinations
conducted under this order shall be mutually and
reciprocally accepted by all agencies.
(b) Except where there is substantial information
indicating that the employee may not satisfy the
standards in section 3.1 of this order, an
employee with existing access to a special access
program shall not be denied eligibility for
access to another special access program at the
same sensitivity level as determined personally
by the agency head or deputy agency head, or have
an existing access eligibility readjudicated, so
long as the employee has a need for access to the information involved.
(c) This section shall not preclude agency heads
from establishing additional, but not
duplicative, investigative or adjudicative
procedures for a special access program or for
candidates for detail or assignment to their
agencies, where such procedures are required in
exceptional circumstances to protect the national security.
(d) Where temporary eligibility for access is
granted under sections 2.3 or 3.3 of this order
or where the determination of eligibility for
access is conditional, the fact of such temporary
or conditional access shall be conveyed to any
other agency that considers affording the employee access to its information.
Sec. 2.5. Specific Access Requirement. (a)
Employees who have been determined to be eligible
for access to classified information shall be
given access to classified information only where
there is a need-to-know that information.
(b) It is the responsibility of employees who are
authorized holders of classified information to
verify that a prospective recipients eligibility
for access has been granted by an authorized
agency official and to ensure that a need-to-know
exists prior to allowing such access, and to
challenge requests for access that do not appear well-founded.
Sec. 2.6. Access by Non-United States Citizens.
(a) Where there are compelling reasons in
furtherance of an agency mission, immigrant alien
and foreign national employees who possess a
special expertise may, in the discretion of the
agency, be granted limited access to classified
information only for specific programs, projects,
contracts, licenses, certificates, or grants for
which there is a need for access. Such
individuals shall not be eligible for access to
any greater level of classified information than
the United States Government has determined may
be releasable to the country of which the subject
is currently a citizen, and such limited access
may be approved only if the prior 10 years of the
subjects life can be appropriately investigated.
If there are any doubts concerning granting
access, additional lawful investigative procedures shall be fully pursued.
(b) Exceptions to these requirements may be
permitted only by the agency head or the senior
agency official designated under section 6.1 of
this order to further substantial national security interests.
PART 3ACCESS ELIGIBILITY STANDARDS
Sec. 3.1. Standards. (a) No employee shall be
deemed to be eligible for access to classified
information merely by reason of Federal service
or contracting, licensee, certificate holder, or
grantee status, or as a matter of right or
privilege, or as a result of any particular
title, rank, position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of
this order, eligibility for access to classified
information shall be granted only to employees
who are United States citizens for whom an
appropriate investigation has been completed and
whose personal and professional history
affirmatively indicates loyalty to the United
States, strength of character, trustworthiness,
honesty, reliability, discretion, and sound
judgment, as well as freedom from conflicting
allegiances and potential for coercion, and
willingness and ability to abide by regulations
governing the use, handling, and protection of
classified information. A determination of
eligibility for access to such information is a
discretionary security decision based on
judgments by appropriately trained adjudicative
personnel. Eligibility shall be granted only
where facts and circumstances indicate access to
classified information is clearly consistent with
the national security interests of the United
States, and any doubt shall be resolved in favor of the national security.
(c) The United States Government does not
discriminate on the basis of race, color,
religion, sex, national origin, disability, or
sexual orientation in granting access to classified information.
(d) In determining eligibility for access under
this order, agencies may investigate and consider
any matter that relates to the determination of
whether access is clearly consistent with the
interests of national security. No inference
concerning the standards in this section may be
raised solely on the basis of the sexual orientation of the employee.
(e) No negative inference concerning the
standards in this section may be raised solely on
the basis of mental health counseling. Such
counseling can be a positive factor in
eligibility determinations. However, mental
health counseling, where relevant to the
adjudication of access to classified information,
may justify further inquiry to determine whether
the standards of subsection (b) of this section
are satisfied, and mental health may be
considered where it directly relates to those standards.
(f) Not later than 180 days after the effective
date of this order, the Security Policy Board
shall develop a common set of adjudicative
guidelines for determining eligibility for access
to classified information, including access to special access programs.
Sec. 3.2. Basis for Eligibility Approval. (a)
Eligibility determinations for access to
classified information shall be based on
information concerning the applicant or employee
that is acquired through the investigation
conducted pursuant to this order or otherwise
available to security officials and shall be made
part of the applicants or employees security
record. Applicants or employees shall be required
to provide relevant information pertaining to
their background and character for use in
investigating and adjudicating their eligibility for access.
(b) Not later than 180 days after the effective
date of this order, the Security Policy Board
shall develop a common set of investigative
standards for background investigations for
access to classified information. These standards
may vary for the various levels of access.
(c) Nothing in this order shall prohibit an
agency from utilizing any lawful investigative
procedure in addition to the investigative
requirements set forth in this order and its
implementing regulations to resolve issues that
may arise during the course of a background investigation or reinvestigation.
Sec. 3.3. Special Circumstances. (a) In
exceptional circumstances where official
functions must be performed prior to the
completion of the investigative and adjudication
process, temporary eligibility for access to
classified information may be granted to an
employee while the initial investigation is
underway. When such eligibility is granted, the
initial investigation shall be expedited.
(1) Temporary eligibility for access under this
section shall include a justification, and the
employee must be notified in writing that further
access is expressly conditioned on the favorable
completion of the investigation and issuance of
an access eligibility approval. Access will be
immediately terminated, along with any assignment
requiring an access eligibility approval, if such approval is not granted.
(2) Temporary eligibility for access may be
granted only by security personnel authorized by
the agency head to make access eligibility
determinations and shall be based on minimum
investigative standards developed by the Security
Policy Board not later than 180 days after the effective date of this order.
(3) Temporary eligibility for access may be
granted only to particular, identified categories
of classified information necessary to perform
the lawful and authorized functions that are the
basis for the granting of temporary access.
(b) Nothing in subsection (a) shall be construed
as altering the authority of an agency head to
waive requirements for granting access to
classified information pursuant to statutory authority.
(c) Where access has been terminated under
section 2.1(b)(4) of this order and a new need
for access arises, access eligibility up to the
same level shall be reapproved without further
investigation as to employees who were determined
to be eligible based on a favorable adjudication
of an investigation completed within the prior 5
years, provided they have remained employed by
the same employer during the period in question,
the employee certifies in writing that there has
been no change in the relevant information
provided by the employee for the last background
investigation, and there is no information that
would tend to indicate the employee may no longer
satisfy the standards established by this order
for access to classified information.
(d) Access eligibility shall be reapproved for
individuals who were determined to be eligible
based on a favorable adjudication of an
investigation completed within the prior 5 years
and who have been retired or otherwise separated
from United States Government employment for not
more than 2 years; provided there is no
indication the individual may no longer satisfy
the standards of this order, the individual
certifies in writing that there has been no
change in the relevant information provided by
the individual for the last background
investigation, and an appropriate record check
reveals no unfavorable information.
Sec. 3.4. Reinvestigation Requirements. (a)
Because circumstances and characteristics may
change dramatically over time and thereby alter
the eligibility of employees for continued access
to classified information, reinvestigations shall
be conducted with the same priority and care as initial investigations.
(b) Employees who are eligible for access to
classified information shall be the subject of
periodic reinvestigations and may also be
reinvestigated if, at any time, there is reason
to believe that they may no longer meet the
standards for access established in this order.
(c) Not later than 180 days after the effective
date of this order, the Security Policy Board
shall develop a common set of reinvestigative
standards, including the frequency of reinvestigations.
PART 4INVESTIGATIONS FOR FOREIGN GOVERNMENTS
Sec. 4. Authority. Agencies that conduct
background investigations, including the Federal
Bureau of Investigation and the Department of
State, are authorized to conduct personnel
security investigations in the United States when
requested by a foreign government as part of its
own personnel security program and with the consent of the individual.
PART 5REVIEW OF ACCESS DETERMINATIONS
Sec. 5.1. Determinations of Need for Access. A
determination under section 2.1(b)(4) of this
order that an employee does not have, or no
longer has, a need for access is a discretionary
determination and shall be conclusive.
Sec. 5.2. Review Proceedings for Denials or
Revocations of Eligibility for Access. (a)
Applicants and employees who are determined to
not meet the standards for access to classified
information established in section 3.1 of this order shall be:
(1) provided as comprehensive and detailed a
written explanation of the basis for that
conclusion as the national security interests of
the United States and other applicable law permit;
(2) provided within 30 days, upon request and to
the extent the documents would be provided if
requested under the Freedom of Information Act (5
U.S.C. 552) or the Privacy Act (3 U.S.C. 552a),
as applicable, any documents, records, and
reports upon which a denial or revocation is based;
(3) informed of their right to be represented by
counsel or other representative at their own
expense; to request any documents, records, and
reports as described in section 5.2(a)(2) upon
which a denial or revocation is based; and to
request the entire investigative file, as
permitted by the national security and other
applicable law, which, if requested, shall be
promptly provided prior to the time set for a written reply;
(4) provided a reasonable opportunity to reply in
writing to, and to request a review of, the determination;
(5) provided written notice of and reasons for
the results of the review, the identity of the
deciding authority, and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing
to a high level panel, appointed by the agency
head, which shall be comprised of at least three
members, two of whom shall be selected from
outside the security field. Decisions of the
panel shall be in writing, and final except as
provided in subsection (b) of this section; and
(7) provided an opportunity to appear personally
and to present relevant documents, materials, and
information at some point in the process before
an adjudicative or other authority, other than
the investigating entity, as determined by the
agency head. A written summary or recording of
such appearance shall be made part of the
applicants or employees security record, unless
such appearance occurs in the presence of the
appeals panel described in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an
agency head from personally exercising the appeal
authority in subsection (a)(6) of this section
based upon recommendations from an appeals panel.
In such case, the decision of the agency head shall be final.
(c) Agency heads shall promulgate regulations to
implement this section and, at their sole
discretion and as resources and national security
considerations permit, may provide additional
review proceedings beyond those required by
subsection (a) of this section. This section does
not require additional proceedings, however, and
creates no procedural or substantive rights.
(d) When the head of an agency or principal
deputy personally certifies that a procedure set
forth in this section cannot be made available in
a particular case without damaging the national
security interests of the United States by
revealing classified information, the particular
procedure shall not be made available. This certification shall be conclusive.
(e) This section shall not be deemed to limit or
affect the responsibility and power of an agency
head pursuant to any law or other Executive order
to deny or terminate access to classified
information in the interests of national
security. The power and responsibility to deny or
terminate access to classified information
pursuant to any law or other Executive order may
be exercised only where the agency head
determines that the procedures prescribed in
subsection (a) of this section cannot be invoked
in a manner that is consistent with national
security. This determination shall be conclusive.
(f)(1) This section shall not be deemed to limit
or affect the responsibility and power of an
agency head to make determinations of suitability for employment.
(2) Nothing in this section shall require that an
agency provide the procedures prescribed in
subsection (a) of this section to an applicant
where a conditional offer of employment is
withdrawn for reasons of suitability or any other
reason other than denial of eligibility for access to classified information.
(3) A suitability determination shall not be used
for the purpose of denying an applicant or
employee the review proceedings of this section
where there has been a denial or revocation of
eligibility for access to classified information.
PART 6IMPLEMENTATION
Sec. 6.1. Agency Implementing Responsibilities.
Heads of agencies that grant employees access to
classified information shall: (a) designate a
senior agency official to direct and administer
the agencys personnel security program
established by this order. All such programs
shall include active oversight and continuing
security education and awareness programs to
ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security
Policy Board, with other agencies to achieve
practical, consistent, and effective adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agencys
implementation and administration of this order,
including the implementation of section 1.3(a) of
this order. Copies of each report shall be
provided to the Security Policy Board.
Sec. 6.2. Employee Responsibilities. (a)
Employees who are granted eligibility for access
to classified information shall:
(1) protect classified information in their
custody from unauthorized disclosure;
(2) report all contacts with persons, including
foreign nationals, who seek in any way to obtain
unauthorized access to classified information;
(3) report all violations of security regulations
to the appropriate security officials; and
(4) comply with all other security requirements
set forth in this order and its implementing regulations.
(b) Employees are encouraged and expected to
report any information that raises doubts as to
whether another employees continued eligibility
for access to classified information is clearly
consistent with the national security.
Sec. 6.3. Security Policy Board Responsibilities
and Implementation. (a) With respect to actions
taken by the Security Policy Board pursuant to
sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and
3.4(c) of this order, the Security Policy Board
shall make recommendations to the President
through the Assistant to the President for
National Security Affairs for implementation.
(b) Any guidelines, standards, or procedures
developed by the Security Policy Board pursuant
to this order shall be consistent with those
guidelines issued by the Federal Bureau of
Investigation in March 1994 on Background
Investigations Policy/Guidelines Regarding Sexual Orientation.
(c) In carrying out its responsibilities under
this order, the Security Policy Board shall
consult where appropriate with the Overseas
Security Policy Board. In carrying out its
responsibilities under section 1.3(c) of this
order, the Security Policy Board shall obtain the
concurrence of the Director of the Office of Management and Budget.
Sec. 6.4. Sanctions. Employees shall be subject
to appropriate sanctions if they knowingly and
willfully grant eligibility for, or allow access
to, classified information in violation of this
order or its implementing regulations. Sanctions
may include reprimand, suspension without pay,
removal, and other actions in accordance with
applicable law and agency regulations.
PART 7GENERAL PROVISIONS
Sec. 7.1. Classified Information Procedures Act.
Nothing in this order is intended to alter the
procedures established under the Classified
Information Procedures Act (18 U.S.C. App.).
Sec. 7.2. General. (a) Information obtained by an
agency under sections 1.2(e) or 1.3 of this order
may not be disseminated outside the agency, except to:
(1) the agency employing the employee who is the
subject of the records or information;
(2) the Department of Justice for law enforcement
or counterintelligence purposes; or
(3) any agency if such information is clearly
relevant to the authorized responsibilities of such agency.
(b) The Attorney General, at the request of the
head of an agency, shall render an interpretation
of this order with respect to any question
arising in the course of its administration.
(c) No prior Executive orders are repealed by
this order. To the extent that this order is
inconsistent with any provision of any prior
Executive order, this order shall control, except
that this order shall not diminish or otherwise
affect the requirements of Executive Order No.
10450 [5 U.S.C. 7311 note ], the denial and
revocation procedures provided to individuals
covered by Executive Order No. 10865, as amended
[set out above], or access by historical
researchers and former presidential appointees
under Executive Order No. 12958 [set out above] or any successor order.
(d) If any provision of this order or the
application of such provision is held to be
invalid, the remainder of this order shall not be affected.
(e) This Executive order is intended only to
improve the internal management of the executive
branch and is not intended to, and does not,
create any right to administrative or judicial
review, or any other right or benefit or trust
responsibility, substantive or procedural,
enforceable by a party against the United States,
its agencies or instrumentalities, its officers
or employees, or any other person.
(f) This order is effective immediately.
William J. Clinton.
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Received on Sat Mar 02 2024 - 00:57:28 CST