(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;

(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.

(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.

(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.

(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 of the 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.

(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

(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.

(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 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.  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.

(b)

Agency heads shall fully cooperate with the Archivist in these efforts.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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. 

(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.

(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.

(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.

(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;

(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.

(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.

(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, its officers, 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.

(d)

Executive Order No. 12356 of April 6, 1982, is revoked as of the effective date of this order.