[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Presidential Documents]
[Pages 19825-19843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9941]




[[Page 19823]]

_______________________________________________________________________

Part IV





The President





_______________________________________________________________________



 Executive Order 12958--Classified National Security Information


                        Presidential Documents 



Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / 
Presidential Documents

____________________________________________________________________

Title 3--
The President  
[[Page 19825]] 


                Executive Order 12958 of April 17, 1995

                
Classified National Security Information

                This order prescribes a uniform system for classifying, 
                safeguarding, and declassifying national security 
                information. Our democratic principles require that the 
                American people be informed of the activities of their 
                Government. Also, our Nation's progress depends on the 
                free flow of information. Nevertheless, throughout our 
                history, the national interest has required that 
                certain information be maintained in confidence in 
                order to protect our citizens, our democratic 
                institutions, and our participation within the 
                community of nations. Protecting information critical 
                to our Nation's security remains a priority. In recent 
                years, however, dramatic changes have altered, although 
                not eliminated, the national security threats that we 
                confront. These changes provide a greater opportunity 
                to emphasize our commitment to open Government.

                NOW, THEREFORE, by the authority vested in me as 
                President by the Constitution and the laws of the 
                United States of America, it is hereby ordered as 
                follows:

                PART 1--ORIGINAL CLASSIFICATION

                Section 1.1.  Definitions. For purposes of this order:

                    (a) ``National security''means the national defense 
                or foreign relations of the United States.
                    (b) ``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.
                    (c) ``Classified national security information'' 
                (hereafter ``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.
                    (d) ``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 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.

                    (e) ``Classification'' means the act or process by 
                which information is determined to be classified 
                information.
                    (f) ``Original classification'' means an initial 
                determination that information requires, in the 
                interest of national security, protection against 
                unauthorized disclosure. [[Page 19826]] 
                    (g) ``Original classification authority'' means an 
                individual authorized in writing, either by the 
                President, or by agency heads or other officials 
                designated by the President, to classify information in 
                the first instance.
                    (h) ``Unauthorized disclosure'' means a 
                communication or physical transfer of classified 
                information to an unauthorized recipient.
                    (i) ``Agency'' means any ``Executive agency,'' as 
                defined in 5 U.S.C. 105, and any other entity within 
                the executive branch that comes into the possession of 
                classified information.
                    (j) ``Senior agency official'' means the official 
                designated by the agency head under section 5.6(c) of 
                this order to direct and administer the agency's 
                program under which information is classified, 
                safeguarded, and declassified.
                    (k) ``Confidential source'' means any individual or 
                organization that has provided, or that may reasonably 
                be expected to provide, information to the United 
                States on matters pertaining to the national security 
                with the expectation that the information or 
                relationship, or both, are to be held in confidence.
                    (l) ``Damage to the national security'' means harm 
                to the national defense or foreign relations of the 
                United States from the unauthorized disclosure of 
                information, to include the sensitivity, value, and 
                utility of that information.

                Sec. 1.2.  Classification Standards. (a) Information 
                may be originally classified under the terms of this 
                order only if all of the following conditions are met:

                (1) an original classification authority is classifying 
                the information;
                (2) the information is owned by, produced by or for, or 
                is under the control of the United States Government;
                (3) the information falls within one or more of the 
                categories of information listed in section 1.5 of this 
                order; and
                (4) the original classification authority determines 
                that the unauthorized disclosure of the information 
                reasonably could be expected to result in damage to the 
                national security and the original classification 
                authority is able to identify or describe the damage.

                    (b) If there is significant doubt about the need to 
                classify information, it shall not be classified. This 
                provision does not:
                (1) amplify or modify the substantive criteria or 
                procedures for classification; or
                (2) create any substantive or procedural rights subject 
                to judicial review.

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

                Sec. 1.3. Classification Levels. (a) Information may be 
                classified at one of the following three levels:

                (1) ``Top Secret'' shall be applied to information, the 
                unauthorized disclosure of which reasonably could be 
                expected to cause exceptionally grave damage to the 
                national security that the original classification 
                authority is able to identify or describe.
                (2) ``Secret'' shall be applied to information, the 
                unauthorized disclosure of which reasonably could be 
                expected to cause serious damage to the national 
                security that the original classification authority is 
                able to identify or describe.
                (3) ``Confidential'' shall be applied to information, 
                the unauthorized disclosure of which reasonably could 
                be expected to cause damage to the national security 
                that the original classification authority is able to 
                identify or describe.

                    (b) Except as otherwise provided by statute, no 
                other terms shall be used to identify United States 
                classified information.
                    (c) If there is significant doubt about the 
                appropriate level of classification, it shall be 
                classified at the lower level. [[Page 19827]] 

                Sec. 1.4. Classification Authority. (a) The authority 
                to classify information originally may be exercised 
                only by:

                (1) the President;
                (2) agency heads and officials designated by the 
                President in the Federal Register; or
                (3) United States Government officials delegated this 
                authority pursuant to paragraph (c), below.

                    (b) Officials authorized to classify information at 
                a specified level are also authorized to classify 
                information at a lower level.
                    (c) Delegation of original classification 
                authority.
                (1) Delegations of original classification authority 
                shall be limited to the minimum required to administer 
                this order. Agency heads are responsible for ensuring 
                that designated subordinate officials have a 
                demonstrable and continuing need to exercise this 
                authority.
                (2) ``Top Secret'' original classification authority 
                may be delegated only by the President or by an agency 
                head or official designated pursuant to paragraph 
                (a)(2), above.
                (3) ``Secret'' or ``Confidential'' original 
                classification authority may be delegated only by the 
                President; an agency head or official designated 
                pursuant to paragraph (a)(2), above; or the senior 
                agency official, provided that official has been 
                delegated ``Top Secret'' original classification 
                authority by the agency head.
                (4) Each delegation of original classification 
                authority shall be in writing and the authority shall 
                not be redelegated except as provided in this order. 
                Each delegation shall identify the official by name or 
                position title.

                    (d) Original classification authorities must 
                receive training in original classification as provided 
                in this order and its implementing directives.
                    (e) Exceptional cases. When an employee, 
                contractor, licensee, certificate holder, or grantee of 
                an agency that does not have original classification 
                authority originates information believed by that 
                person to require classification, the information shall 
                be protected in a manner consistent with this order and 
                its implementing directives. The information shall be 
                transmitted promptly as provided under this order or 
                its implementing directives to the agency that has 
                appropriate subject matter interest and classification 
                authority with respect to this information. That agency 
                shall decide within 30 days whether to classify this 
                information. If it is not clear which agency has 
                classification responsibility for this information, it 
                shall be sent to the Director of the Information 
                Security Oversight Office. The Director shall determine 
                the agency having primary subject matter interest and 
                forward the information, with appropriate 
                recommendations, to that agency for a classification 
                determination.

                Sec. 1.5.  Classification Categories.

                Information may not be considered for classification 
                unless it concerns:

                    (a) military plans, weapons systems, or operations;
                    (b) foreign government information;
                    (c) intelligence activities (including special 
                activities), intelligence sources or methods, or 
                cryptology;
                    (d) foreign relations or foreign activities of the 
                United States, including confidential sources;
                    (e) scientific, technological, or economic matters 
                relating to the national security;
                    (f) United States Government programs for 
                safeguarding nuclear materials or facilities; or
                    (g) vulnerabilities or capabilities of systems, 
                installations, projects or plans relating to the 
                national security.

                Sec. 1.6. Duration of Classification. (a) At the time 
                of original classification, the original classification 
                authority shall attempt to establish a specific date 
                [[Page 19828]] or event for declassification based upon 
                the duration of the national security sensitivity of 
                the information. The date or event shall not exceed the 
                time frame in paragraph (b), below.

                    (b) If the original classification authority cannot 
                determine an earlier specific date or event for 
                declassification, information shall be marked for 
                declassification 10 years from the date of the original 
                decision, except as provided in paragraph (d), below.
                    (c) An original classification authority may extend 
                the duration of classification or reclassify specific 
                information for successive periods not to exceed 10 
                years at a time if such action is consistent with the 
                standards and procedures established under this order. 
                This provision does not apply to information contained 
                in records that are more than 25 years old and have 
                been determined to have permanent historical value 
                under title 44, United States Code.
                    (d) At the time of original classification, the 
                original classification authority may exempt from 
                declassification within 10 years specific information, 
                the unauthorized disclosure of which could reasonably 
                be expected to cause damage to the national security 
                for a period greater than that provided in paragraph 
                (b), above, and the release of which could reasonably 
                be expected to:
                (1) reveal an intelligence source, method, or activity, 
                or a cryptologic system or activity;
                (2) reveal information that would assist in the 
                development or use of weapons of mass destruction;
                (3) reveal information that would impair the 
                development or use of technology within a United States 
                weapons system;
                (4) reveal United States military plans, or national 
                security emergency preparedness plans;
                (5) reveal foreign government information;
                (6) damage relations between the United States and a 
                foreign government, reveal a confidential source, or 
                seriously undermine diplomatic activities that are 
                reasonably expected to be ongoing for a period greater 
                than that provided in paragraph (b), above;
                (7) impair the ability of responsible United States 
                Government officials to protect the President, the Vice 
                President, and other individuals for whom protection 
                services, in the interest of national security, are 
                authorized; or
                (8) violate a statute, treaty, or international 
                agreement.

                    (e) Information marked for an indefinite duration 
                of classification under predecessor orders, for 
                example, ``Originating Agency's Determination 
                Required,'' or information classified under predecessor 
                orders that contains no declassification instructions 
                shall be declassified in accordance with part 3 of this 
                order.

                Sec. 1.7. 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 1.3 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 1.6(a) or section 1.6(c); or
                  (B) the date that is 10 years from the date of 
                original classification, as prescribed in section 
                1.6(b); or
                  (C) the exemption category from declassification, as 
                prescribed in section 1.6(d); and
                (5) a concise reason for classification which, at a 
                minimum, cites the applicable classification categories 
                in section 1.5 of this order. [[Page 19829]] 

                    (b) Specific information contained in paragraph 
                (a), above, may be excluded if it would reveal 
                additional classified information.
                    (c) Each classified document shall, by marking or 
                other means, indicate which portions are classified, 
                with the applicable classification level, which 
                portions are exempt from declassification under section 
                1.6(d) of this order, 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 for specified classes of 
                documents or information. The Director shall revoke any 
                waiver upon a finding of abuse.
                    (d) Markings implementing the provisions of this 
                order, including abbreviations and requirements to 
                safeguard classified working papers, shall conform to 
                the standards prescribed in implementing directives 
                issued pursuant to this order.
                    (e) Foreign government information shall retain its 
                original classification markings or shall be assigned a 
                U.S. classification that provides a degree of 
                protection at least equivalent to that required by the 
                entity that furnished the information.
                    (f) Information assigned a level of classification 
                under this or predecessor orders shall be considered as 
                classified at that level of classification despite the 
                omission of other required markings. Whenever such 
                information is used in the derivative classification 
                process or is reviewed for possible declassification, 
                holders of such information shall coordinate with an 
                appropriate classification authority for the 
                application of omitted markings.
                    (g) The classification authority shall, whenever 
                practicable, use a classified addendum whenever 
                classified information constitutes a small portion of 
                an otherwise unclassified document.

                Sec. 1.8. Classification Prohibitions and Limitations. 
                (a) In no case shall information be classified in order 
                to:

                (1) conceal violations of law, inefficiency, or 
                administrative error;
                (2) prevent embarrassment to a person, organization, or 
                agency;
                (3) restrain competition; or
                (4) prevent or delay the release of information that 
                does not require protection in the interest of national 
                security.

                    (b) Basic scientific research information not 
                clearly related to the national security may not be 
                classified.
                    (c) Information may not be reclassified after it 
                has been declassified and released to the public under 
                proper authority.
                    (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 
                3.6 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 5.6 of this order. 
                This provision does not apply to classified information 
                contained in records that are more than 25 years old 
                and have been determined to have permanent historical 
                value under title 44, United States Code.
                    (e) Compilations of items of information which are 
                individually unclassified may be classified if the 
                compiled information reveals an additional association 
                or relationship that:
                (1) meets the standards for classification under this 
                order; and
                (2) is not otherwise revealed in the individual items 
                of information.

                As used in this order, ``compilation'' means an 
                aggregation of pre-existing unclassified items of 
                information. [[Page 19830]] 

                Sec. 1.9. Classification Challenges. (a) Authorized 
                holders of information who, in good faith, believe that 
                its classification status is improper are encouraged 
                and expected to challenge the classification status of 
                the information in accordance with agency procedures 
                established under paragraph (b), below.

                    (b) In accordance with implementing directives 
                issued pursuant to this order, an agency head or senior 
                agency official shall establish procedures under which 
                authorized holders of information are encouraged and 
                expected to challenge the classification of information 
                that they believe is improperly classified or 
                unclassified. These procedures shall assure that:
                 (1) individuals are not subject to retribution for 
                bringing such actions;
                (2) an opportunity is provided for review by an 
                impartial official or panel; and
                (3) individuals are advised of their right to appeal 
                agency decisions to the Interagency Security 
                Classification Appeals Panel established by section 5.4 
                of this order.

                PART 2--DERIVATIVE CLASSIFICATION

                Sec. 2.1. Definitions. For purposes of this order:

                    (a) ``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.
                    (b) ``Classification guidance'' means any 
                instruction or source that prescribes the 
                classification of specific information.
                    (c) ``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.
                    (d) ``Source document'' means an existing document 
                that contains classified information that is 
                incorporated, paraphrased, restated, or generated in 
                new form into a new document.
                    (e) ``Multiple sources'' means two or more source 
                documents, classification guides, or a combination of 
                both.

                Sec. 2.2. 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. 2.3. Classification Guides. (a) Agencies with 
                original classification authority shall prepare 
                classification guides to facilitate the proper and 
                uniform derivative classification of information. These 
                guides shall conform to standards contained in 
                directives issued under this order.

                    (b) Each guide shall be approved personally and in 
                writing by an official who:
                (1) has program or supervisory responsibility over the 
                information or is the senior agency official; and 
                [[Page 19831]] 
                (2) is authorized to classify information originally at 
                the highest level of classification prescribed in the 
                guide.

                    (c) Agencies shall establish procedures to assure 
                that classification guides are reviewed and updated as 
                provided in directives issued under this order.

                PART 3--DECLASSIFICATION AND DOWNGRADING

                Sec. 3.1. Definitions. For purposes of this order:

                    (a) ``Declassification'' means the authorized 
                change in the status of information from classified 
                information to unclassified information.
                    (b) ``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.

                    (c) ``Declassification authority'' means:
                (1) the official who authorized the original 
                classification, if that official is still serving in 
                the same position;
                (2) the originator's current successor in function;
                (3) a supervisory official of either; or
                (4) officials delegated declassification authority in 
                writing by the agency head or the senior agency 
                official.

                    (d) ``Mandatory declassification review'' means the 
                review for declassification of classified information 
                in response to a request for declassification that 
                meets the requirements under section 3.6 of this order.
                    (e) ``Systematic declassification review'' means 
                the review for declassification of classified 
                information contained in records that have been 
                determined by the Archivist of the United States 
                (``Archivist'') to have permanent historical value in 
                accordance with chapter 33 of title 44, United States 
                Code.
                    (f) ``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.
                    (g) ``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.
                    (h) ``File series'' means documentary material, 
                regardless of its physical form or characteristics, 
                that is arranged in accordance with a filing system or 
                maintained as a unit because it pertains to the same 
                function or activity.

                Sec. 3.2. Authority for Declassification. (a) 
                Information shall be declassified as soon as it no 
                longer meets the standards for classification under 
                this order.

                    (b) It is presumed that information that continues 
                to meet the classification requirements under this 
                order requires continued protection. In some 
                exceptional cases, however, the need to protect such 
                information may be outweighed by the public interest in 
                disclosure of the information, and in these cases the 
                information should be declassified. When such questions 
                arise, they shall be referred to the agency head or the 
                senior agency official. That official will determine, 
                as an exercise of discretion, whether the public 
                interest in disclosure outweighs the damage to national 
                security that might reasonably be expected from 
                disclosure. This provision does not:
                (1) amplify or modify the substantive criteria or 
                procedures for classification; or
                (2) create any substantive or procedural rights subject 
                to judicial review.

                    (c) If the Director of the Information Security 
                Oversight Office determines that information is 
                classified in violation of this order, the Director may 
                require the information to be declassified by the 
                agency that originated [[Page 19832]] 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. 3.3. Transferred Information. (a) In the case of 
                classified information transferred in conjunction with 
                a transfer of functions, and not merely for storage 
                purposes, the receiving agency shall be deemed to be 
                the originating agency for purposes of this order.

                    (b) In the case of classified information that is 
                not officially transferred as described in paragraph 
                (a), above, but that originated in an agency that has 
                ceased to exist and for which there is no successor 
                agency, each agency in possession of such information 
                shall be deemed to be the originating agency for 
                purposes of this order. Such information may be 
                declassified or downgraded by the agency in possession 
                after consultation with any other agency that has an 
                interest in the subject matter of the information.
                    (c) Classified information accessioned into the 
                National Archives and Records Administration 
                (``National Archives'') as of the effective date of 
                this order shall be declassified or downgraded by the 
                Archivist in accordance with this order, the directives 
                issued pursuant to this order, agency declassification 
                guides, and any existing procedural agreement between 
                the Archivist and the relevant agency head.
                    (d) The originating agency shall take all 
                reasonable steps to declassify classified information 
                contained in records determined to have permanent 
                historical value before they are accessioned into the 
                National Archives. However, the Archivist may require 
                that records containing classified information be 
                accessioned into the National Archives when necessary 
                to comply with the provisions of the Federal Records 
                Act. This provision does not apply to information being 
                transferred to the Archivist pursuant to section 2203 
                of title 44, United States Code, or information for 
                which the National Archives and Records Administration 
                serves as the custodian of the records of an agency or 
                organization that goes out of existence.
                    (e) To the extent practicable, agencies shall adopt 
                a system of records management that will facilitate the 
                public release of documents at the time such documents 
                are declassified pursuant to the provisions for 
                automatic declassification in sections 1.6 and 3.4 of 
                this order.

                Sec. 3.4. Automatic Declassification. (a) Subject to 
                paragraph (b), below, within 5 years from the date of 
                this order, all classified information contained in 
                records that (1) are more than 25 years old, and (2) 
                have been determined to have permanent historical value 
                under title 44, United States Code, shall be 
                automatically declassified whether or not the records 
                have been reviewed. Subsequently, all classified 
                information in such records shall be automatically 
                declassified no longer than 25 years from the date of 
                its original classification, except as provided in 
                paragraph (b), below.

                    (b) An agency head may exempt from automatic 
                declassification under paragraph (a), above, specific 
                information, the release of which should be expected 
                to:
                (1) reveal the identity of a confidential human source, 
                or reveal information about the application of an 
                intelligence source or method, or reveal the identity 
                of a human intelligence source when the unauthorized 
                disclosure of that source would clearly and 
                demonstrably damage the national security interests of 
                the United States;
                (2) reveal information that would assist in the 
                development or use of weapons of mass destruction;
                (3) reveal information that would impair U.S. 
                cryptologic systems or activities;
                (4) reveal information that would impair the 
                application of state of the art technology within a 
                U.S. weapon system; [[Page 19833]] 
                (5) reveal actual U.S. military war plans that remain 
                in effect;
                (6) reveal information that would seriously and 
                demonstrably impair relations between the United States 
                and a foreign government, or seriously and demonstrably 
                undermine ongoing diplomatic activities of the United 
                States;
                (7) reveal information that would clearly and 
                demonstrably impair the current ability of United 
                States Government officials to protect the President, 
                Vice President, and other officials for whom protection 
                services, in the interest of national security, are 
                authorized;
                (8) reveal information that would seriously and 
                demonstrably impair current national security emergency 
                preparedness plans; or
                (9) violate a statute, treaty, or international 
                agreement.

                    (c) No later than the effective date of this order, 
                an agency head shall notify the President through the 
                Assistant to the President for National Security 
                Affairs of any specific file series of records for 
                which a review or assessment has determined that the 
                information within those file series almost invariably 
                falls within one or more of the exemption categories 
                listed in paragraph (b), above, and which the agency 
                proposes to exempt from automatic declassification. The 
                notification shall include:
                (1) a description of the file series;
                (2) an explanation of why the information within the 
                file series is almost invariably exempt from automatic 
                declassification and why the information must remain 
                classified for a longer period of time; and
                (3) except for the identity of a confidential human 
                source or a human intelligence source, as provided in 
                paragraph (b), above, a specific date or event for 
                declassification of the information.

                The President may direct the agency head not to exempt 
                the file series or to declassify the information within 
                that series at an earlier date than recommended.

                    (d) At least 180 days before information is 
                automatically declassified under this section, an 
                agency head or senior agency official shall notify the 
                Director of the Information Security Oversight Office, 
                serving as Executive Secretary of the Interagency 
                Security Classification Appeals Panel, of any specific 
                information beyond that included in a notification to 
                the President under paragraph (c), above, that the 
                agency proposes to exempt from automatic 
                declassification. The notification shall include:
                (1) a description of the information;
                (2) an explanation of why the information is exempt 
                from automatic declassification and must remain 
                classified for a longer period of time; and
                (3) except for the identity of a confidential human 
                source or a human intelligence source, as provided in 
                paragraph (b), above, a specific date or event for 
                declassification of the information. The Panel may 
                direct the agency not to exempt the information or to 
                declassify it at an earlier date than recommended. The 
                agency head may appeal such a decision to the President 
                through the Assistant to the President for National 
                Security Affairs. The information will remain 
                classified while such an appeal is pending.

                    (e) No later than the effective date of this order, 
                the agency head or senior agency official shall provide 
                the Director of the Information Security Oversight 
                Office with a plan for compliance with the requirements 
                of this section, including the establishment of interim 
                target dates. Each such plan shall include the 
                requirement that the agency declassify at least 15 
                percent of the records affected by this section no 
                later than 1 year from the effective date of this 
                order, and similar commitments for subsequent years 
                until the effective date for automatic 
                declassification.
                    (f) Information exempted from automatic 
                declassification under this section shall remain 
                subject to the mandatory and systematic 
                declassification review provisions of this order. 
                [[Page 19834]] 
                    (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.

                Sec. 3.5. Systematic Declassification Review. (a) Each 
                agency that has originated classified information under 
                this order or its predecessors shall establish and 
                conduct a program for systematic declassification 
                review. This program shall apply to historically 
                valuable records exempted from automatic 
                declassification under section 3.4 of this order. 
                Agencies shall prioritize the systematic review of 
                records based upon:

                (1) recommendations of the Information Security Policy 
                Advisory Council, established in section 5.5 of this 
                order, on specific subject areas for systematic review 
                concentration; or
                (2) the degree of researcher interest and the 
                likelihood of declassification upon review.

                    (b) The Archivist shall conduct a systematic 
                declassification review program for classified 
                information: (1) accessioned into the National Archives 
                as of the effective date of this order; (2) information 
                transferred to the Archivist pursuant to section 2203 
                of title 44, United States Code; and (3) information 
                for which the National Archives and Records 
                Administration serves as the custodian of the records 
                of an agency or organization that has gone out of 
                existence. This program shall apply to pertinent 
                records no later than 25 years from the date of their 
                creation. The Archivist shall establish priorities for 
                the systematic review of these records based upon the 
                recommendations of the Information Security Policy 
                Advisory Council; or the degree of researcher interest 
                and the likelihood of declassification upon review. 
                These records shall be reviewed in accordance with the 
                standards of this order, its implementing directives, 
                and declassification guides provided to the Archivist 
                by each agency that originated the records. The 
                Director of the Information Security Oversight Office 
                shall assure that agencies provide the Archivist with 
                adequate and current declassification guides.
                    (c) After consultation with affected agencies, the 
                Secretary of Defense may establish special procedures 
                for systematic review for declassification of 
                classified cryptologic information, and the Director of 
                Central Intelligence may establish special procedures 
                for systematic review for declassification of 
                classified information pertaining to intelligence 
                activities (including special activities), or 
                intelligence sources or methods.

                Sec. 3.6. Mandatory Declassification Review. (a) Except 
                as provided in paragraph (b), below, all information 
                classified under this order or predecessor orders shall 
                be subject to a review for declassification by the 
                originating agency if:

                (1) the request for a review describes the document or 
                material containing the information with sufficient 
                specificity to enable the agency to locate it with a 
                reasonable amount of effort;
                (2) the information is not exempted from search and 
                review under the Central Intelligence Agency 
                Information Act; and
                (3) the information has not been reviewed for 
                declassification within the past 2 years. If the agency 
                has reviewed the information within the past 2 years, 
                or the information is the subject of pending 
                litigation, the agency shall inform the requester of 
                this fact and of the requester's appeal rights.

                    (b) Information originated by:
                (1) the incumbent President;
                (2) the incumbent President's White House Staff;
                (3) committees, commissions, or boards appointed by the 
                incumbent President; or [[Page 19835]] 
                (4) other entities within the Executive Office of the 
                President that solely advise and assist the incumbent 
                President is exempted from the provisions of paragraph 
                (a), above. However, the Archivist shall have the 
                authority to review, downgrade, and declassify 
                information of former Presidents under the control of 
                the Archivist pursuant to sections 2107, 2111, 2111 
                note, or 2203 of title 44, United States Code. Review 
                procedures developed by the Archivist shall provide for 
                consultation with agencies having primary subject 
                matter interest and shall be consistent with the 
                provisions of applicable laws or lawful agreements that 
                pertain to the respective Presidential papers or 
                records. Agencies with primary subject matter interest 
                shall be notified promptly of the Archivist's decision. 
                Any final decision by the Archivist may be appealed by 
                the requester or an agency to the Interagency Security 
                Classification Appeals Panel. The information shall 
                remain classified pending a prompt decision on the 
                appeal.

                    (c) Agencies conducting a mandatory review for 
                declassification shall declassify information that no 
                longer meets the standards for classification under 
                this order. They shall release this information unless 
                withholding is otherwise authorized and warranted under 
                applicable law.
                    (d) In accordance with directives issued pursuant 
                to this order, agency heads shall develop procedures to 
                process requests for the mandatory review of classified 
                information. These procedures shall apply to 
                information classified under this or predecessor 
                orders. They also shall provide a means for 
                administratively appealing a denial of a mandatory 
                review request, and for notifying the requester of the 
                right to appeal a final agency decision to the 
                Interagency Security Classification Appeals Panel.
                    (e) After consultation with affected agencies, the 
                Secretary of Defense shall develop special procedures 
                for the review of cryptologic information, the Director 
                of Central Intelligence shall develop special 
                procedures for the review of information pertaining to 
                intelligence activities (including special activities), 
                or intelligence sources or methods, and the Archivist 
                shall develop special procedures for the review of 
                information accessioned into the National Archives.

                Sec. 3.7. Processing Requests and Reviews. In response 
                to a request for information under the Freedom of 
                Information Act, the Privacy Act of 1974, or the 
                mandatory review provisions of this order, or pursuant 
                to the automatic declassification or systematic review 
                provisions of this order:

                    (a) An agency may refuse to confirm or deny the 
                existence or nonexistence of requested information 
                whenever the fact of its existence or nonexistence is 
                itself classified under this order.
                    (b) When an agency receives any request for 
                documents in its custody that contain information that 
                was originally classified by another agency, or comes 
                across such documents inthe process of the automatic 
                declassification or systematic review provisions of 
                this order, it shall refer copies of any request and 
                the pertinent documents to the originating agency for 
                processing, and may, after consultation with the 
                originating agency, inform any requester of the 
                referral unless such association is itself classified 
                under this order. In cases in which the originating 
                agency determines in writing that a response under 
                paragraph (a), above, is required, the referring agency 
                shall respond to the requester in accordance with that 
                paragraph.

                Sec. 3.8. Declassification Database. (a) The Archivist 
                in conjunction with the Director of the Information 
                Security Oversight Office and those agencies that 
                originate classified information, shall establish a 
                Governmentwide database of information that has been 
                declassified. The Archivist shall also explore other 
                possible uses of technology to facilitate the 
                declassification process.

                    (b) Agency heads shall fully cooperate with the 
                Archivist in these efforts. [[Page 19836]] 
                    (c) Except as otherwise authorized and warranted by 
                law, all declassified information contained within the 
                database established under paragraph (a), above, shall 
                be available to the public.

                PART 4--SAFEGUARDING

                Sec. 4.1. Definitions. For purposes of this order: (a) 
                ``Safeguarding'' means measures and controls that are 
                prescribed to protect classified information.

                    (b) ``Access'' means the ability or opportunity to 
                gain knowledge of classified information.
                    (c) ``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.
                    (d) ``Automated information system'' means an 
                assembly of computer hardware, software, or firmware 
                configured to collect, create, communicate, compute, 
                disseminate, process, store, or control data or 
                information.
                    (e) ``Integrity'' means the state that exists when 
                information is unchanged from its source and has not 
                been accidentally or intentionally modified, altered, 
                or destroyed.
                    (f) ``Network'' means a system of two or more 
                computers that can exchange data or information.
                     (g) ``Telecommunications'' means the preparation, 
                transmission, or communication of information by 
                electronic means.
                    (h) ``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.

                Sec. 4.2. General Restrictions on Access. (a) A person 
                may have access to classified information provided 
                that:

                (1) a favorable determination of eligibility for access 
                has been made by an agency head or the agency head's 
                designee;
                (2) the person has signed an approved nondisclosure 
                agreement; and
                (3) the person has a need-to-know the information.

                    (b) Classified information shall remain under the 
                control of the originating agency or its successor in 
                function. An agency shall not disclose information 
                originally classified by another agency without its 
                authorization. An official or employee leaving agency 
                service may not remove classified information from the 
                agency's control.
                    (c) Classified information may not be removed from 
                official premises without proper authorization.
                    (d) Persons authorized to disseminate classified 
                information outside the executive branch shall assure 
                the protection of the information in a manner 
                equivalent to that provided within the executive 
                branch.
                    (e) 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.

                    (f) 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. [[Page 19837]] 
                    (g) Consistent with directives issued pursuant to 
                this order, an agency shall safeguard foreign 
                government information under standards that provide a 
                degree of protection at least equivalent to that 
                required by the government or international 
                organization of governments that furnished the 
                information. When adequate to achieve equivalency, 
                these standards may be less restrictive than the 
                safeguarding standards that ordinarily apply to United 
                States ``Confidential'' information, including allowing 
                access to individuals with a need-to-know who have not 
                otherwise been cleared for access to classified 
                information or executed an approved nondisclosure 
                agreement.
                    (h) Except as provided by statute or directives 
                issued pursuant to this order, classified information 
                originating in one agency may 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.

                Sec. 4.3. Distribution Controls. (a) Each agency shall 
                establish controls over the distribution of classified 
                information to assure that it is distributed only to 
                organizations or individuals eligible for access who 
                also have a need-to-know the information.

                    (b) 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. 4.4. Special Access Programs. (a) Establishment of 
                special access programs. Unless otherwise authorized by 
                the President, only the Secretaries of State, Defense 
                and Energy, and the Director of Central Intelligence, 
                or the principal deputy of each, may create a special 
                access program. For special access programs pertaining 
                to intelligence activities (including special 
                activities, but not including military operational, 
                strategic and tactical programs), or intelligence 
                sources or methods, this function will be exercised by 
                the Director of Central Intelligence. These officials 
                shall keep the number of these programs at an absolute 
                minimum, and shall establish them only upon a specific 
                finding that:

                (1) the vulnerability of, or threat to, specific 
                information is exceptional; and
                (2) the normal criteria for determining eligibility for 
                access applicable to information classified at the same 
                level are not deemed sufficient to protect the 
                information from unauthorized disclosure; or
                (3) the program is required by statute.

                    (b) Requirements and Limitations. (1) Special 
                access programs shall be limited to programs in which 
                the number of persons who will have access ordinarily 
                will be reasonably small and commensurate with the 
                objective of providing enhanced protection for the 
                information involved.
                (2) Each agency head shall establish and maintain a 
                system of accounting for special access programs 
                consistent with directives issued pursuant to this 
                order.
                (3) Special access programs shall be subject to the 
                oversight program established under section 5.6(c) 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. [[Page 19838]] 
                (5) Upon request, an agency shall brief the Assistant 
                to the President for National Security Affairs, or his 
                or her designee, on any or all of the agency's special 
                access programs.

                    (c) Within 180 days after the effective date of 
                this order, each agency head or principal deputy shall 
                review all existing special access programs under the 
                agency's jurisdiction. These officials shall terminate 
                any special access programs that do not clearly meet 
                the provisions of this order. Each existing special 
                access program that an agency head or principal deputy 
                validates shall be treated as if it were established on 
                the effective date of this order.
                    (d) Nothing in this order shall supersede any 
                requirement made by or under 10 U.S.C. 119.

                Sec. 4.5. Access by Historical Researchers and Former 
                Presidential Appointees. (a) The requirement in section 
                4.2(a)(3) of this order that access to classified 
                information may be granted only to individuals who have 
                a need-to-know the information may be waived for 
                persons who:

                (1) are engaged in historical research projects; or
                (2) previously have occupied policy-making positions to 
                which they were appointed by the President.

                    (b) Waivers under this section may be granted only 
                if the agency head or senior agency official of the 
                originating agency:
                (1) determines in writing that access is consistent 
                with the interest of national security;
                (2) takes appropriate steps to protect classified 
                information from unauthorized disclosure or compromise, 
                and ensures that the information is safeguarded in a 
                manner consistent with this order; and
                (3) limits the access granted to former Presidential 
                appointees to items that the person originated, 
                reviewed, signed, or received while serving as a 
                Presidential appointee.

                PART 5--IMPLEMENTATION AND REVIEW

                Sec. 5.1. Definitions. For purposes of this order: (a) 
                ``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.

                    (b) ``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.

                    (c) ``Infraction'' means any knowing, willful, or 
                negligent action contrary to the requirements of this 
                order or its implementing directives that does not 
                comprise a ``violation,'' as defined above.

                Sec. 5.2. Program Direction. (a) The Director of the 
                Office of Management and Budget, in consultation with 
                the Assistant to the President for National Security 
                Affairs and the co-chairs of the Security Policy Board, 
                shall issue such directives as are necessary to 
                implement this order. These directives shall be binding 
                upon the agencies. Directives issued by the Director of 
                the Office of Management and Budget shall establish 
                standards for:

                (1) classification and marking principles;
                (2) agency security education and training programs;
                (3) agency self-inspection programs; and
                (4) classification and declassification guides.

                    (b) The Director of the Office of Management and 
                Budget shall delegate the implementation and 
                monitorship functions of this program to the Director 
                of the Information Security Oversight Office. 
                [[Page 19839]] 
                    (c) The Security Policy Board, established by a 
                Presidential Decision Directive, shall make a 
                recommendation to the President through the Assistant 
                to the President for National Security Affairs with 
                respect to the issuance of a Presidential directive on 
                safeguarding classified information. The Presidential 
                directive shall pertain to the handling, storage, 
                distribution, transmittal, and destruction of and 
                accounting for classified information.

                Sec. 5.3. Information Security Oversight Office. (a) 
                There is established within the Office of Management 
                and Budget an Information Security Oversight Office. 
                The Director of the Office of Management and Budget 
                shall appoint the Director of the Information Security 
                Oversight Office, subject to the approval of the 
                President.

                    (b) Under the direction of the Director of the 
                Office of Management and Budget acting in consultation 
                with the Assistant to the President for National 
                Security Affairs, the Director of the Information 
                Security Oversight Office shall:
                (1) develop directives for the implementation of this 
                order;
                (2) oversee agency actions to ensure compliance with 
                this order and its implementing directives;
                (3) review and approve agency implementing regulations 
                and agency guides for systematic declassification 
                review prior to their issuance by the agency;
                (4) have the authority to conduct on-site reviews of 
                each agency's program established under this order, and 
                to require of each agency those reports, information, 
                and other cooperation that may be necessary to fulfill 
                its responsibilities. If granting access to specific 
                categories of classified information would pose an 
                exceptional national security risk, the affected agency 
                head or the senior agency official shall submit a 
                written justification recommending the denial of access 
                to the Director of the Office of Management and Budget 
                within 60 days of the request for access. Access shall 
                be denied pending a prompt decision by the Director of 
                the Office of Management and Budget, who shall consult 
                on this decision with the Assistant to the President 
                for National Security Affairs;
                (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 Director of the Office of Management and Budget;
                (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. 5.4. Interagency Security Classification Appeals 
                Panel.

                    (a) Establishment and Administration.
                (1) There is established an Interagency Security 
                Classification Appeals Panel (``Panel''). The 
                Secretaries of State and Defense, the Attorney General, 
                the Director of Central Intelligence, the Archivist of 
                the United States, and the Assistant to the President 
                for National Security Affairs shall each appoint a 
                senior level representative to serve as a member of the 
                Panel. The President shall select the Chair of the 
                Panel from among the Panel members.
                (2) A vacancy on the Panel shall be filled as quickly 
                as possible as provided in paragraph (1), above.
                (3) The Director of the Information Security Oversight 
                Office shall serve as the Executive Secretary. The 
                staff of the Information Security Oversight Office 
                shall provide program and administrative support for 
                the Panel. [[Page 19840]] 
                (4) The members and staff of the Panel shall be 
                required to meet eligibility for access standards in 
                order to fulfill the Panel's functions.
                (5) The Panel shall meet at the call of the Chair. The 
                Chair shall schedule meetings as may be necessary for 
                the Panel to fulfill its functions in a timely manner.
                (6) The Information Security Oversight Office shall 
                include in its reports to the President a summary of 
                the Panel's activities.

                    (b) Functions. The Panel shall:
                (1) decide on appeals by persons who have filed 
                classification challenges under section 1.9 of this 
                order;
                (2) approve, deny, or amend agency exemptions from 
                automatic declassification as provided in section 3.4 
                of this order; and
                (3) decide on appeals by persons or entities who have 
                filed requests for mandatory declassification review 
                under section 3.6 of this order.

                    (c) Rules and Procedures. The Panel shall issue 
                bylaws, which shall be published in the Federal 
                Register no later than 120 days from the effective date 
                of this order. The bylaws shall establish the rules and 
                procedures that the Panel will follow in accepting, 
                considering, and issuing decisions on appeals. The 
                rules and procedures of the Panel shall provide that 
                the Panel will consider appeals only on actions in 
                which: (1) the appellant has exhausted his or her 
                administrative remedies within the responsible agency; 
                (2) there is no current action pending on the issue 
                within the federal courts; and (3) the information has 
                not been the subject of review by the federal courts or 
                the Panel within the past 2 years.
                    (d) Agency heads will cooperate fully with the 
                Panel so that it can fulfill its functions in a timely 
                and fully informed manner. An agency head may appeal a 
                decision of the Panel to the President through the 
                Assistant to the President for National Security 
                Affairs. The Panel will report to the President through 
                the Assistant to the President for National Security 
                Affairs any instance in which it believes that an 
                agency head is not cooperating fully with the Panel.
                    (e) The Appeals Panel is established for the sole 
                purpose of advising and assisting the President in the 
                discharge of his constitutional and discretionary 
                authority to protect the national security of the 
                United States. Panel decisions are committed to the 
                discretion of the Panel, unless reversed by the 
                President.

                Sec. 5.5. Information Security Policy Advisory Council.

                    (a) Establishment. There is established an 
                Information Security Policy Advisory Council 
                (``Council''). The Council shall be composed of seven 
                members appointed by the President for staggered terms 
                not to exceed 4 years, from among persons whohave 
                demonstrated interest and expertise in an area related 
                to the subject matter of this order and are not 
                otherwise employees of the Federal Government. The 
                President shall appoint the Council Chair from among 
                the members. The Council shall comply with the Federal 
                Advisory Committee Act, as amended, 5 U.S.C. App. 2.
                    (b) Functions. The Council shall:
                (1) advise the President, the Assistant to the 
                President for National Security Affairs, the Director 
                of the Office of Management and Budget, or such other 
                executive branch officials as it deems appropriate, on 
                policies established under this order or its 
                implementing directives, including recommended changes 
                to those policies;
                (2) provide recommendations to agency heads for 
                specific subject areas for systematic declassification 
                review; and
                (3) serve as a forum to discuss policy issues in 
                dispute.

                    (c) Meetings. The Council shall meet at least twice 
                each calendar year, and as determined by the Assistant 
                to the President for National Security Affairs or the 
                Director of the Office of Management and Budget.
                    (d) Administration. [[Page 19841]] 
                (1) Each Council member may be compensated at a rate of 
                pay not to exceed the daily equivalent of the annual 
                rate of basic pay in effect for grade GS-18 of the 
                general schedule under section 5376 of title 5, United 
                States Code, for each day during which that member is 
                engaged in the actual performance of the duties of the 
                Council.
                (2) While away from their homes or regular place of 
                business in the actual performance of the duties of the 
                Council, 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. 5703(b)).
                (3) To the extent permitted by law and subject to the 
                availability of funds, the Information Security 
                Oversight Office shall provide the Council with 
                administrative services, facilities, staff, and other 
                support services necessary for the performance of its 
                functions.
                (4) Notwithstanding any other Executive order, the 
                functions of the President under the Federal Advisory 
                Committee Act, as amended, that are applicable to the 
                Council, except that of reporting to the Congress, 
                shall be performed by the Director of the Information 
                Security Oversight Office in accordance with the 
                guidelines and procedures established by the General 
                Services Administration.

                Sec. 5.6. 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; and
                    (c) designate a senior agency official to direct 
                and administer the program, whose responsibilities 
                shall include:
                (1) overseeing the agency's program established under 
                this order, provided, an agency head may designate a 
                separate official to oversee special access programs 
                authorized under this order. This official shall 
                provide a full accounting of the agency's special 
                access programs at least annually;
                (2) promulgating implementing regulations, which shall 
                be published in the Federal Register to the extent that 
                they affect members of the public;
                (3) establishing and maintaining security education and 
                training programs;
                (4) establishing and maintaining an ongoing self-
                inspection program, which shall include the periodic 
                review and assessment of the agency's classified 
                product;
                (5) establishing procedures to prevent unnecessary 
                access to classified information, including procedures 
                that: (i) require that a need for access to classified 
                information is established before initiating 
                administrative clearance procedures; and (ii) 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) assuring 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: (i) original classification 
                authorities; (ii) security managers or security 
                specialists; and (iii) all other personnel whose duties 
                significantly involve the creation or handling of 
                classified information; [[Page 19842]] 
                (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. 5.7. Sanctions. (a) If the Director of the 
                Information Security Oversight Office finds that a 
                violation of this order or its implementing directives 
                may have 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), above, 
                occurs; and
                (2) notify the Director of the Information Security 
                Oversight Office when a violation under paragraph 
                (b)(1), (2) or (3), above, occurs.

                PART 6--GENERAL PROVISIONS

                Sec. 6.1. General Provisions. (a) Nothing in this order 
                shall supersede any requirement made by or under the 
                Atomic Energy Act of 1954, as amended, or the National 
                Security Act of 1947, as amended. ``Restricted Data'' 
                and ``Formerly Restricted Data'' shall be handled, 
                protected, classified, downgraded, and declassified in 
                conformity with the provisions of the Atomic Energy Act 
                of 1954, as amended, and regulations issued under that 
                Act.

                    (b) The Attorney General, upon request by the head 
                of an agency or the Director of the Information 
                Security Oversight Office, shall render an 
                interpretation of this order with respect to any 
                question arising in the course of its administration.
                    (c) Nothing in this order limits the protection 
                afforded any information by other provisions of law, 
                including the exemptions to the Freedom of Information 
                Act, the Privacy Act, and the National Security Act of 
                1947, as amended. This order is not intended, and 
                should not be construed, to create any right or 
                benefit, substantive or procedural, enforceable at law 
                by a party against the United States, its agencies, 
                itsofficers, or its employees. The foregoing is in 
                addition to the specific provisos set forth in sections 
                1.2(b), 3.2(b) and 5.4(e) of this 
                order. [[Page 19843]] 
                    (d) Executive Order No. 12356 of April 6, 1982, is 
                revoked as of the effective date of this order.

                Sec. 6.2. Effective Date. This order shall become 
                effective 180 days from the date of this order.

                    (Presidential Sig.)<Clinton1>><Clinton2>

                THE WHITE HOUSE,

                    April 17, 1995.

[FR Doc. 95-9941
Filed 4-18-95; 2:04 pm]
Billing code 3195-01-P