Text with emphases and some reformatting for clarity, by Jeremy Lewis PhD, 22 May 2009
The Order appears to add a new section 1.6,
which is the only part given a lead time before becoming effective.
Section 1.6 requires markings for automatic declassification
after an event, or 10 or 25 years.
Classified National Security Information
This order prescribes a uniform system for classifying, safeguarding,
and declassifying national security
information, including information relating to defense against transnational
terrorism. Our democratic
principles require that the American people be informed of the activities
of their Government. Also, our
Nation’s progress depends on the free flow of information. Nevertheless,
throughout our history, the
national defense has required that certain information be maintained
in confidence in order to protect our
citizens, our democratic institutions, our homeland security, and our
interactions with foreign nations.
Protecting information critical to our Nation’s security remains a
priority.
NOW, THEREFORE, by the authority vested in me as President by the Constitution
and the laws of the
United States of America, it is hereby ordered as follows:
Part 1 Original Classification
Sec. 1.1. Classification Standards. (a) Information may be originally classified under the terms of this
order only if all of the following conditions are met:Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels:(1) an original classification authority is classifying the information;(b) Classified information shall not be declassified automatically as a result of any unauthorized
(2) the information is owned by, produced by or for, or is under the control of the United States
Government;
(3) the information falls within one or more of the categories of information listed in section 1.4 of
this order; and
(4) the original classification authority determines that the unauthorized disclosure of the
information reasonably could be expected to result in damage to the national security, which
includes defense against transnational terrorism, and the original classification authority is able to
identify or describe the damage.
disclosure of identical or similar information.
(c) The unauthorized disclosure of foreign government information is presumed to cause damage to the
national security.
Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised(1) “Top Secret” shall be applied to information, the unauthorized disclosure of which reasonably(b) Except as otherwise provided by statute, no other terms shall be used to identify United States
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.
classified information.
only by:(1) the President and, in the performance of executive duties, the Vice President;(b) Officials authorized to classify information at a specified level are also authorized to classify
(2) agency heads and officials designated by the President in the Federal Register; and
(3) United States Government officials delegated this authority pursuant to paragraph (c) of this
section.
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(d) Original classification authorities must receive training in original classification as provided in this
administer this order. Agency heads are responsible for ensuring that designated subordinate
officials have a demonstrable and continuing need to exercise this authority.
(2) “Top Secret” original classification authority may be delegated only by the President; in the
performance of executive duties, the Vice President; or an agency head or official designated
pursuant to paragraph (a)(2) of this section.
(3) “Secret” or “Confidential” original classification authority may be delegated only by the
President; in the performance of executive duties, the Vice President; or an agency head or official
designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in
section 5.4(d) of this order, provided that official has been delegated “Top Secret” original
classification authority by the agency head.
(4) Each delegation of original classification authority shall be in writing and the authority shall not
be redelegated except as provided in this order. Each delegation shall identify the official by name
or position title.
order and its implementing directives. Such training must include instruction on the proper safeguarding
of classified information and of the criminal, civil, and administrative sanctions that may be brought
against an individual who
fails to protect classified information from unauthorized disclosure.
(e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee
of an agency who does not have original classification authority originates information believed by that
person to require classification, the information shall be protected in a manner consistent with this orderSec. 1.4. Classification Categories. Information shall not be considered for classification unless it
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.
concerns:(a) military plans, weapons systems, or operations;Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification
(b) foreign government information;
(c) intelligence activities (including special activities), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security, which includes
defense against transnational terrorism;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection
services relating to the national security, which includes defense against transnational terrorism; or
(h) weapons of mass destruction.
authority shall attempt to establish a specific date or event for declassification based upon the duration
of the national security sensitivity of the information. Upon reaching the date or event, the information
shall be automatically declassified. The date or event shall not exceed the time frame established in
paragraph (b) of this section.(b) If the original classification authority cannot determine an earlier specific date or event for
declassification, information shall be marked for declassification 10 years from the date of the original
decision, unless the original classification authority otherwise determines that the sensitivity of the
information requires that it shall be marked for declassification for up to 25 years from the date of the
original decision. All information classified under this section shall be subject to section 3.3 of this order
if it is contained in records of permanent historical value under title 44, United States Code.
(c) An original classification authority may extend the duration of classification, change the level of
classification, or reclassify specific information only when the standards and procedures for classifying
information under this order are followed.
(b) Except as otherwise provided by statute, no other terms shall be used to identify United States
classified information.
[Page 4]
(d) Information marked for an indefinite duration of classification under predecessor orders, for[NEW] Sec. 1.6. Identification and Markings. (a) At the time of original classification, the following shall
example, marked as “Originating Agency’s Determination Required,” or information classified under
predecessor orders that contains no declassification instructions shall be declassified in accordance with
part 3 of this order.
appear on the face of each classified document, or shall be applied to other classified media in an
appropriate manner:(1) one of the three classification levels defined in section 1.2 of this order;(b) Specific information described in paragraph (a) of this section may be excluded if it would reveal
(2) the identity, by name or personal identifier and position, of the original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4) declassification instructions, which shall indicate one of the following:(A) the date or event for declassification, as prescribed in section 1.5(a) or section 1.5(c);(5) a concise reason for classification that, at a minimum, cites the applicable classification
(B) the date that is 10 years from the date of original classification, as prescribed in section
1.5(b); or
(C) the date that is up to 25 years from the date of original classification, as prescribed in
section 1.5 (b); and
categories in section 1.4
additional classified information.
(c) With respect to each classified document, the agency originating the document shall, by marking or
other means, indicate which portions are classified, with the applicable classification level, and which
portions are unclassified. In accordance with standards prescribed in directives issued under this order,
the Director of the Information Security Oversight Office may grant waivers of this requirement. The
Director shall revoke any waiver upon a finding of abuse.
(d) Markings implementing the provisions of this order, including abbreviations and requirements to
safeguard classified working papers, shall conform to the standards prescribed in implementing
directives issued pursuant to this order.
(e) Foreign government information shall retain its original classification markings or shall be assigned a
U.S. classification that provides a degree of protection at least equivalent to that required by the entity
that furnished the information. Foreign government information retaining its original classification
markings need not be assigned a U.S. classification marking provided that the responsible agency
determines that the foreign government markings are adequate to meet the purposes served by U.S.
classification markings.
(f) Information assigned a level of classification under this or predecessor orders shall be considered as
classified at that level of classification despite the omission of other required markings. Whenever such
information is used in the derivative classification process or is reviewed for possible declassification,
holders of such information shall coordinate with an appropriate classification authority for the
application of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified addendum wheneverSec. 1.7. Classification Prohibitions and Limitations. (a) In no case shall information be classified in
classified information constitutes a small portion of an otherwise unclassified document.
(h) Prior to public release, all declassified records shall be appropriately marked to reflect their
declassification.
order to:Sec. 1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe(1) conceal violations of law, inefficiency, or administrative error;(b) Basic scientific research information not clearly related to the national security shall not be
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require protection in the interest of the
national security.
classified.
(c) Information may be reclassified after declassification and release to the public under proper authority
only in accordance with the following conditions:(1) the reclassification action is taken under the personal authority of the agency head or deputy(d) Information that has not previously been disclosed to the public under proper authority may be
agency head, who determines in writing that the reclassification of the information is necessary in
the interest of the national security;
(2) the information may be reasonably recovered; and
(3) the reclassification action is reported promptly to the Director of the Information Security
Oversight Office.
classified or reclassified after an agency has received a request for it under the Freedom of Information
Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of
section 3.5 of this order only if such classification meets the requirements of this order and is
accomplished on a document-by-document basis with the personal participation or under the direction of
the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of
this order.
(e) Compilations of items of information that are individually unclassified may be classified if the
compiled information reveals an additional association or relationship that: (1) meets the standards for
classification under this order; and (2) is not otherwise revealed in the individual items of information.
As used in this order, “compilation” means an aggregation of pre-existing unclassified items of
information.
that its classification status is improper are encouraged and expected to challenge the classification
status of the information in accordance with agency procedures established under paragraph (b) of this
section.(b) In accordance with implementing directives issued pursuant to this order, an agency head or senior
agency official shall establish procedures under which authorized holders of information are encouraged
Part 2 Derivative Classificationand expected to challenge the classification of information that they believe is improperly classified or
unclassified. These procedures shall ensure that:(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review by an impartial official or panel; and
(3) individuals are advised of their right to appeal agency decisions to the Interagency Security
Classification Appeals Panel (Panel) established by section 5.3 of this order.
Sec. 2.1. Use of Derivative Classification. (a) Persons who only reproduce, extract, or summarizePart 3 Declassification and Downgrading
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:Sec. 2.2. Classification Guides. (a) Agencies with original classification authority shall prepare(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.
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;(c) Agencies shall establish procedures to ensure that classification guides are reviewed and updated as
and
(2) is authorized to classify information originally at the highest level of classification prescribed in
the guide.
provided in directives issued under this order.
Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer
meets the standards for classification under this order.(b) It is presumed that information that continues to meet the classification requirements under this order
requires continued protection. In some exceptional cases, however, the need to protect such information
may be outweighed by the public interest in disclosure of the information, and in these cases the
information should be declassified. When such questions arise, they shall be referred to the agency head
or the senior agency official. That official will determine, as an exercise of discretion, whether the
public interest in disclosure outweighs the damage to the national security that might reasonably be
expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; orSec. 3.2. Transferred Records. (a) In the case of classified records transferred in conjunction with a
(2) create any substantive or procedural rights subject to judicial review.
(c) If the Director of the Information Security Oversight Office determines that information is classified
in violation of this order, the Director may require the information to be declassified by the agency that
originated the classification. Any such decision by the Director may be appealed to the President
through the Assistant to the President for National Security Affairs. The information shall remain
classified pending a prompt decision on the appeal.
(d) The provisions of this section shall also apply to agencies that, under the terms of this order, do not
have original classification authority, but had such authority under predecessor orders.
transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be
the originating agency for purposes of this order.(b) In the case of classified records that are not officially transferred as described in paragraph (a) of thisSec. 3.3. Automatic Declassification. (a) Subject to paragraphs (b)-(e) of this section, on December 31,
section, but that originated in an agency that has ceased to exist and for which there is no successor
agency, each agency in possession of such records shall be deemed to be the originating agency for
purposes of this order. Such records may be declassified or downgraded by the agency in possession
after consultation with any other agency that has an interest in the subject matter of the records.
(c) Classified records accessioned into the National Archives and Records Administration (National
Archives) as of the effective date of this order shall be declassified or downgraded by the Archivist of
the United States (Archivist) in accordance with this order, the directives issued pursuant to this order,
agency declassification guides, and any existing procedural agreement between the Archivist and the
relevant agency head.
(d) The originating agency shall take all reasonable steps to declassify classified information contained
in records determined to have permanent historical value before they are accessioned into the National
Archives. However, the Archivist may require that classified records be accessioned into the National
Archives when necessary to comply with the provisions of the Federal Records Act. This provision does
not apply to records being transferred to the Archivist pursuant to section 2203 of title 44, United States
Code, or records for which the National Archives serves as the custodian of the records of an agency or
organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt a system of records management that will facilitate the
public release of documents at the time such documents are declassified pursuant to the provisions for
automatic declassification in section 3.3 of this order.
2006, all classified records that (1) are more than 25 years old and (2) have been determined to have
permanent historical value under title 44, United States Code, shall be automatically declassified
whether or not the records have been reviewed. Subsequently, all classified records shall be
automatically declassified on December 31 of the year that is 25 years from the date of its original
classification, except as provided in paragraphs (b)-(e) of this section.
(b) An agency head may exempt from automatic declassification under paragraph (a) of this section
specific information, the release of which could be expected to:(1) reveal the identity of a confidential human source, or a human intelligence source, or reveal(c) An agency head shall notify the President through the Assistant to the President for National Security
information about the application of an intelligence source or method;
(2) reveal information that would assist in the development or use of weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or activities;
(4) reveal information that would impair the application of state of the art technology within a U.S.
weapon system;
(5) reveal actual U.S. military war plans that remain in effect;
(6) reveal information, including foreign government information, that would seriously and
demonstrably impair relations between the United States and a foreign government, or seriously
and demonstrably undermine ongoing diplomatic activities of the United States;
(7) reveal information that would clearly and demonstrably impair the current ability of United
States. Government officials to protect the President, Vice President, and other protectees for
whom protection services, in the interest of the national security, are authorized;
(8) reveal information that would seriously and demonstrably impair current national security
emergency preparedness plans or reveal current vulnerabilities of systems, installations,
infrastructures, or projects relating to the national security; or
(9) violate a statute, treaty, or international agreement.
Affairs of any specific file series of records for which a review or assessment has determined that the
information within that file series almost invariably falls within one or more of the exemption categories
listed in paragraph (b) of this section and which the agency proposes to exempt from automatic
declassification. The notification shall include:(1) a description of the file series;The President may direct the agency head not to exempt the file series or to declassify the information
(2) an explanation of why the information within the file series is almost invariably exempt from
automatic declassification and why the information must remain classified for a longer period of
time; and
(3) except for the identity of a confidential human source or a human intelligence source, as
provided in paragraph (b) of this section, a specific date or event for declassification of the
information.
within that series at an earlier date than recommended. File series exemptions previously approved by
the President shall remain valid without any additional agency action.
(d) At least 180 days before information is automatically declassified under this section, an agency head
or senior agency official shall notify the Director of the Information Security Oversight Office, serving
as Executive Secretary of the Panel, of any specific information beyond that included in a notification to
the President under paragraph (c) of this section that the agency proposes to exempt from automatic
declassification. The notification shall include:(1) a description of the information, either by reference to information in specific records or in the
form of a declassification guide;
(2) an explanation of why the information is exempt from automatic declassification and must
remain classified for a longer period of time; and
Sec. 3.4. Systematic Declassification Review. (a) Each agency that has originated classified information(3) except for the identity of a confidential human source or a human intelligence source, as(e) The following provisions shall apply to the onset of automatic declassification:
provided in paragraph (b) of this section, a specific date or event for declassification of the
information. The Panel may direct the agency not to exempt the information or to declassify it at an
earlier date than recommended. The agency head may appeal such a decision to the President
through the Assistant to the President for National Security Affairs. The information will remain
classified while such an appeal is pending.(1) Classified records within an integral file block, as defined in this order, that are otherwise(f) Information exempted from automatic declassification under this section shall remain subject to the
subject to automatic declassification under this section shall not be automatically declassified until
December 31 of the year that is 25 years from the date of the most recent record within the file
block.
(2) By notification to the Director of the Information Security Oversight Office, before the records
are subject to automatic declassification, an agency head or senior agency official designated under
section 5.4 of this order may delay automatic declassification for up to 5 additional years for
classified information contained in microforms, motion pictures, audiotapes, videotapes, or
comparable media that make a review for possible declassification exemptions more difficult or
costly.
(3) By notification to the Director of the Information Security Oversight Office, before the records
are subject to automatic declassification, an agency head or senior agency official designated under
section 5.4 of this order may delay automatic declassification for up to 3 years for classified
records that have been referred or transferred to that agency by another agency less than 3 years
before automatic declassification would otherwise be required.
(4) By notification to the Director of the Information Security Oversight Office, an agency head or
senior agency official designated under section 5.4 of this order may delay automatic:
declassification for up to 3 years from the date of discovery of classified records that were
inadvertently not reviewed prior to the effective date of automatic declassification.
mandatory and systematic declassification review provisions of this order.
(g) The Secretary of State shall determine when the United States should commence negotiations with
the appropriate officials of a foreign government or international organization of governments to modify
any treaty or international agreement that requires the classification of information contained in records
affected by this section for a period longer than 25 years from the date of its creation, unless the treaty or
international agreement pertains to information that may otherwise remain classified beyond 25 years
under this section.
(h) Records containing information that originated with other agencies or the disclosure of which would
affect the interests or activities of other agencies shall be referred for review to those agencies and the
information of concern shall be subject to automatic declassification only by those agencies, consistent
with the provisions of subparagraphs (e)(3) and (e)(4) of this section.under this order or its predecessors shall establish and conduct a program for systematic declassification
review. This program shall apply to records of permanent historical value exempted from automatic
declassification under section 3.3 of this order. Agencies shall prioritize the systematic review of recordsSec. 3.5. Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all
based upon the degree of researcher interest and the likelihood of declassification upon review.
(b) The Archivist shall conduct a systematic declassification review program for classified records: (1)
accessioned into the National Archives as of the effective date of this order; (2) transferred to the
Archivist pursuant to section 2203 of title 44, United States Code; and (3) for which the National
Archives serves as the custodian for an agency or organization that has gone out of existence. This
program shall apply to pertinent records no later than 25 years from the date of their creation. The
Archivist shall establish priorities for the systematic review of these records based upon the degree of
researcher interest and the likelihood of declassification upon review. These records shall be reviewed in
accordance with the standards of this order, its implementing directives, and declassification guides
provided to the Archivist by each agency that originated the records. The Director of the Information
Security Oversight Office shall ensure that agencies provide the Archivist with adequate and current
declassification guides.
(c) After consultation with affected agencies, the Secretary of Defense may establish special procedures
for systematic review for declassification of classified cryptologic information, and the Director of
Central Intelligence may establish special procedures for systematic review for declassification of
classified information pertaining to intelligence activities (including special activities), or intelligence
sources or methods.
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(b) Information originated by:
sufficient specificity to enable the agency to locate it with a reasonable amount of effort;
(2) the information is not exempted from search and review under sections 105C, 105D, or 701 of
the National Security Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and
(3) the information has not been reviewed for declassification within the past 2 years. If the agency
has reviewed the information within the past 2 years, or the information is the subject of pending
litigation, the agency shall inform the requester of this fact and of the requesters appeal rights.(1) the incumbent President or, in the performance of executive duties, the incumbent Vice
President;
(2) the incumbent Presidents White House Staff or, in the performance of executive duties, the
incumbent Vice Presidents Staff;
(3) committees, commissions, or boards appointed by the incumbent President; or
(4) other entities within the Executive Office of the President that solely advise and assist the
incumbent President is exempted from the provisions of paragraph (a) of this section. However, the
Archivist shall have the authority to review, downgrade, and declassify papers or records of former
Presidents under the control of the Archivist pursuant to sections 2107,2111,2111 note, or 2203 of
title 44, United States Code. Review procedures developed by the Archivist shall provide for
consultation with agencies having primary subject matter interest and shall be consistent with the
provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers
or records. Agencies with primary subject matter interest shall be notified promptly of the
Sec. 3.6. Processing Requests and Reviews. In response to a request for information under the FreedomArchivists decision. Any final decision by the Archivist may be appealed by the requester or an(c) Agencies conducting a mandatory review for declassification shall declassify information that no
agency to the Panel. The information shall remain classified pending a prompt decision on the
appeal.
longer meets the standards for classification under this order. They shall release this information unless
withholding is otherwise authorized and warranted under applicable law.
(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to
process requests for the mandatory review of classified information. These procedures shall apply to
information classified under this or predecessor orders. They also shall provide a means for
administratively appealing a denial of a
mandatory review request, and for notifying the requester of the right to appeal a final agency decision
to the Panel.
(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures
for the review of cryptologic information; the Director of Central Intelligence shall develop special
procedures for the review of information pertaining to intelligence activities (including special
activities), or intelligence sources or methods; and the Archivist shall develop special procedures for the
review of information accessioned into the National Archives.
of Information Act, the Privacy Act of 1974, or the mandatory review provisions of this order, orSec. 3.7. Declassification Database. (a) The Director of the Information Security Oversight Office, in
pursuant to the automatic declassification or systematic review provisions of this order:
(a) An agency may refuse to confirm or deny the existence or nonexistence of requested records
whenever the fact of their existence or nonexistence is itself classified under this order or its
predecessors.
(b) When an agency receives any request for documents in its custody that contain information that was
originally classified by another agency, or comes across such documents in the process of the automatic
declassification or systematic review provisions of this order, it shall refer copies of any request and the
pertinent documents to the originating agency for processing, and may, after consultation with the
originating agency, inform any requester of the referral unless such association is itself classified under
this order or its predecessors. In cases in which the originating agency determines in writing that a
response under paragraph (a)
of this section is required, the referring agency shall respond to the requester in accordance with that
paragraph.
conjunction with those agencies that originate classified information, shall coordinate the linkage and
effective utilization of existing agency databases of records that have been declassified and publicly
released.
(b) Agency heads shall fully cooperate with the Director of the Information Security Oversight’ Office
in these efforts.
Sec. 4.1. General Restrictions on Access. (a) A person may have access to classified information
provided that:(1) a favorable determination of eligibility for access has been made by an agency head or the(b) Every person who has met the standards for access to classified information in paragraph (a) of this
agency heads designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
section shall receive contemporaneous training on the proper safeguarding of classified information and
on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to
protect classified information from unauthorized disclosure.
(c) Classified information shall remain under the control of the originating agency or its successor in
function. An agency shall not disclose information originally classified by another agency without its
authorization. An official or employee leaving agency service may not remove classified information
from the agency’s control.
(d) Classified information may not be removed from official premises without proper authorization.
(e) Persons authorized to disseminate classified information outside the executive branch shall ensure
the protection of the information in a manner equivalent to that provided within the executive branch.
(f) Consistent with law, directives, and regulation, an agency head or senior agency official shall
establish uniform procedures to ensure that automated information systems, including networks and
telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store
classified information have controls that:(1) prevent access by unauthorized persons; and(g) Consistent with law, directives, and regulation, each agency head or senior agency official shall
(2) ensure the integrity of the information.
establish controls to ensure that classified information is used, processed, stored, reproduced,
transmitted, and destroyed under conditions that provide adequate protection and prevent access by
unauthorized persons.
(h) Consistent with directives issued pursuant to this order, an agency shall safeguard foreign
government information under standards that provide a degree of protection at least equivalent to that
required by the government or international organization of governments that furnished the information.
When adequate to achieve equivalency, these standards may be less restrictive than the safeguarding
standards that ordinarily apply to United States “Confidential” information, including modified handling
and transmission and allowing access to individuals with a need-to-know who have not otherwise been
cleared for access to classified information or executed an approved nondisclosure agreement.(i) Except as otherwise provided by statute, this order, directives implementing this order, or by
direction of the President, classified information originating in one agency shall not be disseminated
outside any other agency to which it has been made available without the consent of the originating
agency. An agency head or senior agency official may waive this requirement for specific informationSec. 4.2. Distribution Controls. (a) Each agency shall establish controls over the distribution of classified
originated within that agency. For purposes of this section, the Department of Defense shall be
considered one agency. Prior consent is not required when referring records for declassification review
that contain information originating in several agencies.
information to ensure that it is distributed only to organizations or individuals eligible for access and
with a need-to-know the information.(b) In an emergency, when necessary to respond to an imminent threat to life or in defense of theSec. 4.3. Special Access Programs. (a) Establishment of special access programs. Unless otherwise
homeland, the agency head or any designee may authorize the disclosure of classified information to an
individual or individuals who are otherwise not eligible for access. Such actions shall be taken only in
accordance with the directives implementing this order and any procedures issued by agencies
governing the classified information, which shall be designed to minimize the classified information that
is disclosed under these circumstances and the number of individuals who receive it. Information
disclosed under this provision or implementing directives and procedures shall not be deemed
declassified as a result of such disclosure or subsequent use by a recipient. Such disclosures shall be
reported promptly to the originator of the classified information. For purposes of this section, the
Director of Central Intelligence may issue an implementing directive governing the emergency
disclosure of classified intelligence information.
(c) Each agency shall update, at least annually, the automatic, routine, or recurring distribution of
classified information that they distribute. Recipients shall cooperate fully with distributors who are
updating distribution lists and shall notify distributors whenever a relevant change in status occurs.authorized by the President, only the Secretaries of State, Defense, and Energy, and the Director of
Central Intelligence, or the principal deputy of each, may create a special access program. For special
access programs pertaining to intelligence activities (including special activities, but not including
military operational, strategic, and tactical programs), or intelligence sources or methods, this function
shall be exercised by the Director of Central Intelligence. These officials shall keep the number of these
programs at an absolute minimum, and shall establish them only when the program is required by statute
or upon a specific finding that:(1) the vulnerability of, or threat to, specific information is exceptional; and(b) Requirements and limitations.
(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.(1) Special access programs shall be limited to programs in which the number of persons who will
have access ordinarily will be reasonably small and commensurate with the objective of providing
enhanced protection for the information involved.
(2) Each agency head shall establish and maintain a system of accounting for special access
programs consistent with directives issued pursuant to this order.
(3) Special access programs shall be subject to the oversight program established under section
5.4(d) of this order. In addition, the Director of the Information Security Oversight Office shall be
afforded access to these programs, in accordance with the security requirements of each program,
in order to perform the functions assigned to the Information Security Oversight Office under this
Part 5 Implementation and ReviewSec. 4.4. Access by Historical Researchers and Certain Former Government Personnel. (a) Theorder. An agency head may limit access to a special access program to the Director and no more(c) Nothing in this order shall supersede any requirement made by or under 10 U.S.C. 119.
than one other employee of the Information Security Oversight Office, or, for special access
programs that are extraordinarily sensitive and vulnerable, to the Director only.
(4) The agency head or principal deputy shall review annually each special access program to
determine whether it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the Assistant to the President for National Security
Affairs, or a designee, on any or all of the agency’s special access programs.
requirement in section 4.1(a)(3) of this order that access to classified information may be granted only to
individuals who have a need-to-know the information may be waived for persons who:(1) are engaged in historical research projects;(b) Waivers under this section may be granted only if the agency head or senior agency official of the
(2) previously have occupied policy-making positions to which they were appointed by the
President under section 105(a)(2)(A) of title 3, United States Code, or the Vice President under
106(a)(1)(A) of title 3, United States Code; or
(3) served as President or Vice President.
originating agency:(1) determines in writing that access is consistent with the interest of the national security;
(2) takes appropriate steps to protect classified information from unauthorized disclosure or
compromise, and ensures that the information is safeguarded in a manner consistent with this order;
and
(3) limits the access granted to former Presidential appointees and Vice Presidential appointees to
items that the person originated, reviewed, signed, or received while serving as a Presidential
appointee or a Vice Presidential appointee.
Sec. 5.1. Program Direction. (a) The Director of the Information Security Oversight Office, under the
direction of the Archivist and in consultation with the Assistant to the President for National Security
Affairs, shall issue such directives as are necessary to implement this order. These directives shall be
binding upon the agencies. Directives issued by the Director of the Information Security Oversight
Office shall establish standards for:(1) classification and marking principles;(b) The Archivist shall delegate the implementation and monitoring functions of this program to the
(2) safeguarding classified information, which shall pertain to the handling, storage, distribution,
transmittal, and . destruction of and accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
Director of the Information Security Oversight Office.
Sec. 5.2. Information Security Oversight Office. (a) There is established within the National Archives an
Information Security Oversight Office. The Archivist shall appoint the Director of the Information
Security Oversight Office, subject to the approval of the President.(b) Under the direction of the Archivist, acting in consultation with the Assistant to the President forSec. 5.3. Interagency Security Classification Appeals Panel.
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
President through the Assistant to the President for National Security Affairs within 60 days of the
request for access. Access shall be denied pending the response;
(5) review requests for original classification authority from agencies or officials not granted
original classification authority and, if deemed appropriate, recommend Presidential approval
through the Assistant to the President for National Security Affairs;
(6) consider and take action on complaints and suggestions from persons within or outside the
Government with respect to the administration of the program established under this order;
(7) have the authority to prescribe, after consultation with affected agencies, standardization of
forms or procedures that will promote the implementation of the program established under this
order;
(8) report at least annually to the President on the implementation of this order; and
(9) convene and chair interagency meetings to discuss matters pertaining to the program
established by this order.(a) Establishment and administration.(1) There is established an Interagency Security Classification Appeals Panel. The Departments of
State, Defense, and Justice, the Central Intelligence Agency, the National Archives, and the
Assistant to the President for National Security Affairs shall each be represented by a senior-level
representative who is a full-time or permanent part-time Federal officer or employee designated to
serve as a member of the Panel by the respective agency head. The President shall select the Chair
of the Panel from among the Panel members.
(2) A vacancy on the Panel shall be filled as quickly as possible as provided in paragraph (a)(l) of
this section.
(3) The Director of the Information Security Oversight Office shall serve as the Executive
Secretary. The staff of the Information Security Oversight Office shall provide program and
administrative support for the Panel.
(4) The members and staff of the Panel shall be required to meet eligibility for access standards in
order to fulfill the Panels functions.
(5) The Panel shall meet at the call of the Chair. The Chair shall schedule meetings as may be
necessary for the Panel to fulfill its functions in a timely manner.
Sec. 5.4. General Responsibilities. Heads of agencies that originate or handle classified information(6) The Information Security Oversight Office shall include in its reports to the President a(b) Functions. The Panel shall:
summary of the Panels activities.(1) decide on appeals by persons who have filed classification challenges under section 1.8 of this(c) Rules and procedures. The Panel shall issue bylaws, which shall be published in the Federal Register.
order;
(2) approve, deny, or amend agency exemptions from automatic declassification as provided in
section 3.3 of this order; and
(3) decide on appeals by persons or entities who have filed requests for mandatory declassification
review under section 3.5 of this order.
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;(d) Agency heads shall cooperate fully with the Panel so that it can fulfill its functions in a timely and
(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.
fully informed manner. An agency head may appeal a decision of the Panel to the President through the
Assistant to the President for National Security Affairs. The Panel shall report to the President through
the Assistant to the President for National Security Affairs any instance in which it believes that an
agency head is not cooperating fully with the Panel.
(e) The Panel is established for the sole purpose of advising and assisting the President in the discharge
of his constitutional and discretionary authority to protect the national security of the United States.
Panel decisions are committed to the discretion of the Panel, unless changed by the President.
(f) Notwithstanding paragraphs (a) through (e) of this section, whenever the Panel reaches a conclusion
that information owned or controlled by the Director of Central Intelligence (Director) should be
declassified, and the Director notifies the Panel that he objects to its conclusion because he has
determined that the information could reasonably be expected to cause damage to the national security
and to reveal (1) the identity of a human intelligence source, or (2) information about the application of
an intelligence source or method (including any information that concerns, or is provided as a result of, a
relationship with a cooperating intelligence element of a foreign government), the information shall
remain classified unless the Directors determination is appealed to the President, and the President
reverses the determination.
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 thisSec. 5.5. Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation
order;
(c) ensure that agency records systems are designed and maintained to optimize the safeguarding of
classified information, and to facilitate its declassification under the terms of this order when it no
longer meets the standards for continued classification; and
(d) designate a senior agency official to direct and administer the program, whose responsibilities shall
include:(1) overseeing the agency’s program established under this order, provided, an agency head may
designate a separate official to oversee special access programs authorized under this order. This
official shall provide a full accounting of the agency’s special access programs at least annually;
(2) promulgating implementing regulations, which shall be published in the Federal Register to the
extent that they affect members of the public;
(3) establishing and maintaining security education and training programs;
(4) establishing and maintaining an ongoing self-inspection program, which shall include the
periodic review and assessment of the agency’s classified product;
(5) establishing procedures to prevent unnecessary access to classified information, including
procedures that:(A) require that a need for access to classified information is established before initiating(6) developing special contingency plans for the safeguarding of classified information used in or
administrative clearance procedures; and
(B) ensure that the number of persons granted access to classified information is limited to the
minimum
consistent with operational and security requirements and needs;
near hostile or potentially hostile areas;
(7) ensuring that the performance contract or other system used to rate civilian or military
personnel performance includes the management of classified information as a critical element or
item to be evaluated in the rating of:(A) original classification authorities;(8) accounting for the costs associated with the implementation of this order, which shall be
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly involve the creation or handling of classified
information;
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.of this order or its implementing directives has occurred, the Director shall make a report to the head of
the agency or to the senior agency official so that corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its contractors, licensees, certificate
holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or
negligently:
Part 6 General Provisions(1) disclose to unauthorized persons information properly classified under this order or predecessor(c) Sanctions may include reprimand, suspension without pay, removal, termination of classification
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.
authority, loss or denial of access to classified information, or other sanctions in accordance with
applicable law and agency regulation.
(d) The agency head, senior agency official, or other supervisory official shall, at a minimum, promptly
remove the classification authority of any individual who demonstrates reckless disregard or a pattern of
error in applying the classification standards of this order.
(e) The agency head or senior agency official shall:(1) take appropriate and prompt corrective action when a violation or infraction under paragraph
(b) of this section occurs; and
(2) notify the Director of the Information Security Oversight Office when a violation under
paragraph (b)(l), (2), or (3) of this section occurs.
Sec. 6.1. Definitions. For purposes of this order:(a) “Access” means the ability or opportunity to gain knowledge of classified information.
(b) “Agency” means any “Executive agency,” as defined in 5 U.S.C. 105; any “Military department” as
defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession
of classified information.
(c) “Automated information system” means an assembly of computer hardware, software, or firmware
configured to collect, create, communicate, compute, disseminate, process, store, or control data or
information.
(d) “Automatic declassification” means the declassification of information based solely upon:(1) the occurrence of a specific date or event as determined by the original classification authority;(e) “Classification” means the act or process by which information is determined to be classified
or
(2) the expiration of a maximum time frame for duration of classification established under this
order.
information.
(f) “Classification guidance” means any instruction or source that prescribes the classification of specific
information.
(g) “Classification guide” means a documentary form of classification guidance issued by an original
classification authority that identifies the elements of information regarding a specific subject that must
be classified and establishes the level and duration of classification for each such element.
(h) “Classified national security information” or “classified information” means information that has
been determined pursuant to this order or any predecessor order to require protection against
unauthorized disclosure and is marked to indicate its classified status when in documentary form.
(i) “Confidential source” means any individual or organization that has provided, or that may reasonably
be expected to provide, information to the United States on matters pertaining to the national security
with the expectation that the information or relationship, or both, are to be held in confidence.
(j) “Damage to the national security” means harm to the national defense or foreign relations of the
United States from the unauthorized disclosure of information, taking into consideration such aspects of
the information as the sensitivity, value, utility, and provenance of that information.
(k) “Declassification” means the authorized change in the status of information from classified
information to unclassified information.
(I) “Declassification authority” means:(1) the official who authorized the original classification, if that official is still serving in the, same(m) “Declassification guide” means written instructions issued by a declassification authority that
position;
(2) the originators current successor in function;
(3) a supervisory official of either; or
(4) officials delegated declassification authority in writing by the agency head or the senior agency
official.
describes the elements of information regarding a specific subject that may be declassified and the
elements that must remain classified.
(n) “Derivative classification” means the incorporating, paraphrasing, restating, or generating in new
form information that is already classified, and marking the newly developed material consistent with
the classification markings that apply to the source information. Derivative classification includes the
classification of information based on classification guidance. The duplication or reproduction of
existing classified information is not derivative classification.
(o) “Document” means any recorded information, regardless of the nature of the medium or the method
or circumstances of recording.
(p) “Downgrading” means a determination by a declassification authority that information classified and
safeguarded at a specified level shall be classified and safeguarded at a lower level.
(q) “File series” means file units or documents arranged according to a filing system or kept together
because they relate to a particular subject or function, result from the same activity, document a specific
kind of transaction, take a particular physical form, or have some other relationship arising out of their
creation, receipt, or use, such as restrictions on access or use.
(r) “Foreign government information” means:(1) information provided to the United States Government by a foreign government or(s) “Information” means any knowledge that can be communicated or documentary material, regardless
governments, an international organization of governments, or any element thereof, with the
expectation that the information, the source of the information, or both, are to be held in
confidence;
(2) information produced by the United States Government pursuant to or as a result of a joint
arrangement with a foreign government or governments, or an international organization of
governments, or any element thereof, requiring that the information, the arrangement, or both, are
to be held in confidence; or
(3) information received and treated as “foreign government information” under the terms of a
predecessor order.
of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the
United States Government. “Control” means the authority of the agency that originates information, or
its successor in function, to regulate access to the information.
(t) “Infraction” means any knowing, willful, or negligent action contrary to the requirements of this
order or its implementing directives that does not constitute a “violation,” as defined below.
(u) “Integral file block” means a distinct component of a file series, as defined in this section, that
should be maintained as a separate unit in order to ensure the integrity of the records. An integral file
block may consist of a set of records covering either a specific topic or a range of time such as
presidential administration or a 5-year retirement schedule within a specific file series that is retired
from active use as a group.
(v) “Integrity” means the state that exists when information is unchanged from its source and has not
been accidentally or intentionally modified, altered, or destroyed.
(w) “Mandatory declassification review” means the review for declassification of classified information
in response to a request for declassification that meets the requirements under section 3.5 of this order.
(x) “Multiple sources” means two or more source documents, classification guides, or a combination of
both.
(y) “National security” means the national defense or foreign relations of the United States.
(z) “Need-to-know” means a determination made by an authorized holder of classified information that a
prospective recipient requires access to specific classified information in order to perform or assist in a
lawful and authorized governmental function.
(aa) “Network” means a system of two or more computers that can exchange data or information.
(bb) “Original classification” means an initial determination that information requires, in the interest of
the national security, protection against unauthorized disclosure.
(cc) “Original classification authority” means an individual authorized in writing, either by the
President, the Vice President in the performance of executive duties, or by agency heads or other
officials designated by the President, to classify information in the first instance.
(dd) “Records” means the records of an agency and Presidential papers or Presidential records, as those
terms are defined in title 44, United States Code, including those created or maintained by a government
contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency’s control
under the terms of the contract, license, certificate, or grant.
(ee) “Records having permanent historical value” means Presidential papers or Presidential records and
the records of an agency that the Archivist has determined should be maintained permanently in
accordance with title 44, United States Code.
(ff) “Records management” means the planning, controlling, directing, organizing, training, promoting,
and other managerial activities involved with respect to records creation, records maintenance and use,
and records disposition in order to achieve adequate and proper documentation of the policies and
transactions of the Federal Government and effective and economical management of agency
operations.
(gg) “Safeguarding” means measures and controls that are prescribed to protect classified information.
(hh) “Self-inspection” means the internal review and evaluation of individual agency activities and the
agency as a whole with respect to the implementation of the program established under this order and its
implementing directives.
(ii) “Senior agency official” means the official designated by the agency head under section 5.4(d) of
this order to direct and administer the agency’s program under which information is classified,
safeguarded, and declassified.
(jj) “Source document” means an existing document that contains classified information that is
incorporated, paraphrased, restated, or generated in new form into a new document.
(kk) “Special access program” means a program established for a specific class of classified information
that imposes safeguarding and access requirements that exceed those normally required for information
at the same classification level.
(II) “Systematic declassification review” means the review for declassification of classified information
contained in records that have been determined by the Archivist to have permanent historical value in
accordance with title 44, United States Code.
(mm) “Telecommunications” means the preparation, transmission, or communication of information by
electronic means.
(nn) “Unauthorized disclosure” means a communication or physical transfer of classified information to
an unauthorized recipient.
(oo) “Violation” means:
George W. BushSec. 6.2. General Provisions. (a) Nothing in this order shall supersede any requirement made by or under(1) any knowing, willful, or negligent action that could reasonably be expected to result in an(pp) “Weapons of mass destruction” means chemical, biological, radiological, and nuclear weapons.
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.
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 InformationSec. 6.3. Effective Date. This order is effective immediately, except for section 1.6, which shall become
Security Oversight Office, shall render an interpretation of this order with respect to any question arising
in the course of its administration.
(c) Nothing in this order limits the protection afforded any information by other provisions of law,
including the Constitution, Freedom of Information Act exemptions, the Privacy Act of 1974, and the
National Security Act of 1947, as amended. This order is not intended to and does not create any right or
benefit, substantive or procedural, enforceable at law by a party against the United States, its
departments, agencies, officers, employees, or agents. The foregoing is in addition to the specific
provisos set forth in sections 3.1(b) and 5.3(e) of this order
(d) Executive Order 12356 of April 6, 1982, was revoked as of October 14, 1995.
effective 180 days from the date of this order.