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White House Press Release

Classified National Security Information




                                 The White House 

                          Office of the Press Secretary 

      ________________________________________________________________ 

      For Immediate Release                             April 17, 1995 

                               Executive Order 

                                   #12958 
                                - - - - - - - 

                 Classified National Security Information 

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

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

                       Part 1  Original Classification 

           Section 1.1.  Definitions.  For purposes of this  order: 

           (a)  "National security" means the national  defense or 
      foreign relations of the United States. 

           (b)  "Information" means any knowledge that can  be 
      communicated or documentary material, regardless  of its physical 
      form or characteristics, that is  owned by, produced by or for, 
      or is under the control  of the United States Government. 
      "Control" means the  authority of the agency that originates 
      information,  or its successor in function, to regulate accessto 
      the information. 

           (c)  "Classified national security information"  (hereafter 
      "classified information") means  information that has been 
      determined pursuant to this order or any predecessor  order to 
      require protection against unauthorized  disclosure and is marked 
      to indicate its classified  status when in documentary form. 

  
           (d)  "Foreign Government Information" means: 

      		(1)  information provided to the United States 
               Government by a foreign government or governments, an 
               international organization of governments, or any 
               element thereof, with the expectation that the 
               information, the source of the information, or both, 
               are to be held in confidence; 

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      		(2)  information produced by the United States pursuant 
               to or as a result of a joint arrangement with a foreign 
               government or governments, or an international 
               organization of governments, or any element thereof, 
               requiring that the information, the arrangement, or 
               both, are to be held in confidence; or 

          	(3)  information received and treated as "Foreign 
               Government Information" under the terms of a predecessor 
               order. 

           (e)  "Classification" means the act or process  by which 
      information is determined to be classified  information. 

           (f)  "Original classification" means an initial 
      determination that information requires, in the  interest of 
      national security, protection against  unauthorized disclosure. 

           (g)  "Original classification authority" means  an 
      individual authorized in writing, either by the  President, orby 
      agency heads or other officials  designated by the President, to 
      classify information  in the first instance. 

           (h)  "Unauthorized disclosure" means a  communication or 
      physical transfer of classified  information to an unauthorized 
      recipient. 

           (i)  "Agency" means any "Executive agency," as  defined in 5 
      U.S.C. 105, and any other entity within  the executive branch 
      that comes into the possession  of classified information. 

           (j)  "Senior agency official" means the official  designated 
      by the agency head under section 5.6(c) of  this order to direct 
      and administer the agency's program under which  information is 
      classified, safeguarded, and  declassified. 

           (k)  "Confidential source" means any individual  or 
      organization that has provided, or that may  reasonably be 
      expected to provide, information to the  United States on matters 
      pertaining to the national  security with the expectation that 
      the information or  relationship, or both, are to be held in 
      confidence. 

           (l)  "Damage to the national security" means  harm to the 
      national defense or foreign relations of  the United States from 
      the unauthorized disclosure of  information, to include the 
      sensitivity, value, and  utility of that information. 

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


  
            	(1)  an original classification authority is classifying 
               the information; 

           	(2)  the information is owned by, produced by or for, or 
               is under the control of the United States Government; 

           	(3)  the information falls within one or more of the 
               categories of information listed in section 1.5 of this 
               order; and 

           	(4)  the original classification authority determines 
               that the unauthorized disclosure of the information 
               reasonably could be expected to result in damage to the 
               national security and the original classification 
               authority is able to identify or describe the damage. 

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           (b)  If there is significant doubt about the  need to 
      classify information, it shall not be  classified.  This 
      provision does not: 

           	(1)  amplify or modify the substantive criteria or 
               procedures for classification; or 

           	(2)  create any substantive or procedural rights subject 
               to judicial review. 

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

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

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

           	(2)  "Secret" shall be applied to information, the 
               unauthorized disclosure of which reasonably could be 
               expected to cause serious damage to the national 
               security that the original classification authority is 
               able to identify or describe. 

          	(3)  "Confidential" shall be applied to information, the 
               unauthorized disclosure of which reasonably could be 
               expected to cause damage to the national security that 
               the original classification authority is able to 
               identify or describe. 

           (b)  Except as otherwise provided by statute, no  other 
      terms shall be used to identify United States  classified 
      information. 

           (c)  If there is significant doubt about the  appropriate 
      level of classification, it shall be  classified at the lower 
      level. 

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

           	(1)  the President; 

      	    	(2)  agency heads and officials designated by the 
               President in the Federal Register; or 

           	(3)  United States Government officials  delegated this 

  
               authority pursuant to  paragraph (c), below. 

           (b)  Officials authorized to classify  information at a 
      specified level are also authorized  to classify information at a 
      lower level. 

           (c)  Delegation of original classification  authority. 

           		(1)  Delegations of original classification 
                       authority shall be limited to the minimum 
                       required to administer this order.  Agency heads 
                       are responsible for ensuring that designated 
                       subordinate officials have a demonstrable and 
                       continuing need to exercise this authority. 

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           		(2)  "Top Secret" original classification 
                       authority may be delegated only by the President 
                       or by an agency head or official designated 
                       pursuant to paragraph (a)(2), above. 

           	  	(3)  "Secret" or "Confidential" original 
                       classification authority may be delegated only 
                       by the President; an agency head or official 
                       designated pursuant to paragraph (a)(2), above; 
                       or the senior agency official, provided that 
                       official has been delegated "Top Secret" 
                       original classification authority by the agency 
                       head. 

           	  	(4)  Each delegation of original classification 
                       authority shall be in writing and the authority 
                       shall not be redelegated except as provided in 
                       this order.  Each delegation shall identify the 
                       official by name or position title. 

           (d)  Original classification authorities must  receive 
      training in original classification as  provided in this order 
      and its implementing  directives. 

           (e)  Exceptional cases.  When an employee,  contractor, 
      licensee, certificate holder, or grantee  of an agency that does 
      not have original  classification authority originates 
      information  believed by that person to require classification, 
      the information shall be protected in a manner  consistent with 
      this order and its implementing  directives.  The information 
      shall be transmitted  promptly as provided under this order or 
      its  implementing directives to the agency that has  appropriate 
      subject matter interest and  classification authority with 
      respect to this  information.  That agency shall decide within30 
      days  whether to classify this information.  If it is not  clear 
      which agency has classification responsibility  for this 
      information, it shall be sent to the  Director of the Information 
      Security Oversight  Office.  The Director shall determine the 
      agency  having primary subject matter interest and forward  the 
      information, with appropriate recommendations, to  that agency 
      for a classification determination. 

           Sec. 1.5.  Classification Categories. 

              Information may not be considered for classification 
      unless it concerns: 

           (a)  military plans, weapons systems, or  operations; 

           (b)  foreign government information; 

           (c)  intelligence activities (including special 

  
      activities), intelligence sources or methods, or  cryptology; 

           (d)  foreign relations or foreign activities of  the United 
      States, including confidential sources; 

           (e)  scientific, technological, or economic  matters 
      relating to the national security; 

           (f)  United States Government programs for  safeguarding 
      nuclear materials or facilities; or 

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           (g)  vulnerabilities or capabilities of systems, 
      installations, projects or plans relating to the  national 
      security. 

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

           (b)  If the original classification authority  cannot 
      determine an earlier specific date or event  for 
      declassification, information shall be marked for 
      declassification 10 years from the date of the  original 
      decision, except as provided in  paragraph (d), below. 

           (c)  An original classification authority may  extend the 
      duration of classification or reclassify  specific information 
      for successive periods not to  exceed 10 years at a time if such 
      action is  consistent with the standards and procedures 
      established under this order.  This provision does  not apply to 
      information contained in records that  are more than 25 years old 
      and have been determined  to have permanent historical value 
      under title 44,  United States Code. 

           (d)  At the time of original classification, the  original 
      classification authority may exempt from  declassification within 
      10 years specific  information, the unauthorized disclosure of 
      which  could reasonably be expected to cause damage to the 
      national security for a period greater than that  provided in 
      paragraph (b), above, and the release of  which could reasonably 
      be expected to: 

           	(1)  reveal an intelligence source, method, or activity, 
               or a cryptologic system or activity; 

           	(2)  reveal information that would assist in the 
               development or use of weapons of mass destruction; 

           	(3)  reveal information that would impair the 
               development or use of technology within a United States 
               weapons system; 

             	(4)  reveal United States military plans, or national 
               security emergency preparedness plans; 

            	(5)  reveal foreign government information; 

            	(6)  damage relations between the United States and a 
               foreign government, reveal a confidential source, or 
               seriously undermine diplomatic activities that are 

  
               reasonably expected to be ongoing for a period greater 
               than that provided in paragraph (b), above; 

             	(7)  impair the ability of responsible United States 
               Government officials to protect the President, the Vice 
               President, and other individuals for whom protection 
               services, in the interest of national security, are 
               authorized; or 

           	(8)  violate a statute, treaty, or international 
               agreement. 

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

           Sec. 1.7.  Identification and Markings.  (a)  At  the time 
      of original classification, the following  shall appear on the 
      face of each classified document,  or shall be applied to other 
      classified media in an  appropriate manner: 

           	(1)  one of the three classification levels defined in 
               section 1.3 of this order; 

           	(2)  the identity, by name or personal identifier and 
               position, of the original classification authority; 

           	(3)  the agency and office of origin, if not otherwise 
               evident; 

           	(4)  declassification instructions, which shall indicate 
               one of the following: 

           		(A)  the date or event for declassification, as 
                       prescribed in section 1.6(a) or section 1.6(c); 
                       or 

           	    	(B)  the date that is 10 years from the date of 
                       original classification, as prescribed in 
                       section 1.6(b); or 

           	     	(C)  the exemption category from classification, 
                       as prescribed in section 1.6(d); and 

       	(5)  a concise reason for classification which, at a 
               minimum, cites the applicable classification categories 
               in section 1.5 of this order. 

           (b)  Specific information contained in  paragraph (a), 
      above, may be excluded if it would  reveal additional classified 
      information. 

           (c)  Each classified document shall, by marking  or other 
      means, indicate which portions are  classified, with the 
      applicable classification level,  which portions are exempt from 
      declassification under section 1.6(d) of this order,  and which 
      portions are unclassified.  In accordance  with standards 
      prescribed in directives issued under  this order, the Director 
      of the Information Security  Oversight Office may grant waivers 
      of this  requirement for specified classes of documents or 
      information.  The Director shall revoke any waiver  upon a 

  
      finding of abuse. 

           (d)  Markings implementing the provisions of  this order, 
      including abbreviations and requirements  to safeguard classified 
      working papers, shall conform  to the standards prescribed in 
      implementing  directives issued pursuant to this order. 

           (e)  Foreign government information shall retain  its 
      original classification markings or shall be  assigned a U.S. 
      classification that provides a degree  of protection at least 
      equivalent to that required by  the entity that furnished the 
      information. 

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           (f)  Information assigned a level of  classification under 
      this or predecessor orders shall  be considered as classified at 
      that level of  classification despite the omission of other 
      required  markings.  Whenever such information is used in the 
      derivative classification process or is reviewed for  possible 
      declassification, holders of such  information shall coordinate 
      with an appropriate  classification authority for the application 
      of  omitted markings. 

           (g)  The classification authority shall,  whenever 
      practicable, use a classified addendum  whenever classified 
      information constitutes a small  portion of an otherwise 
      unclassified document. 

           Sec. 1.8.  Classification Prohibitions and  Limitations. 

      (a)  In no case shall information be classified in  order to: 

         	(1)  conceal violations of law, inefficiency, or 
               administrative error; 

              	(2)  prevent embarrassment to a person, organization,or 
               agency; 

             	(3)  restrain competition; or 

             	(4)  prevent or delay the release of information that 
               does not require protection in the interest of national 
               security. 

           (b)  Basic scientific research information not  clearly 
      related to the national security may not be  classified. 

           (c)  Information may not be reclassified after  it has been 
      declassified and released to the public  under proper authority. 

           (d)  Information that has not previously been  disclosed to 
      the public under proper authority may be  classified or 
      reclassified after an agency has  received a request for it under 
      the Freedom of  Information Act (5 U.S.C. 552) or the Privacy Act 
      of 1974 (5 U.S.C. 552a), or the mandatory review  provisions of 
      section 3.6 of this order only if such  classification meets the 
      requirements of this order  and is accomplished on a 
      document-by-document basis with the personal  participation or 
      under the direction of the agency head, the deputy  agency head, 
      or the senior agency official designated  under section 5.6 of 
      this order.  This provision does  not apply to classified 
      information contained in  records that are more than 25 years old 
      and have been  determined to have permanent historical value 
      under  title 44, United States Code. 

           (e)  Compilations of items of information which  are 

  
      individually unclassified may be classified if  the compiled 
      information reveals an additional  association or relationship 
      that: 

           	(1)  meets the standards for classification under this 
               order; and 

           	(2)  is not otherwise revealed in the individual items 
               of information. 

      As used in this order, "compilation" means an  aggregation of 
      pre-existing unclassified items of  information. 

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

           (b)  In accordance with implementing directives  issued 
      pursuant to this order, an agency head or  senior agency official 
      shall establish procedures  under which authorized holders of 
      information are  encouraged and expected to challenge the 
      classification of information that they believe is  improperly 
      classified or unclassified.  These  procedures shall assure that: 
      		(1) individuals are not subject to retribution for 
               bringing such actions; 

           	(2) an opportunity is provided for review by an 
               impartial official or panel; and 

           	(3) individuals are advised of their right to appeal 
               agency decisions to the Interagency Security 
               Classification Appeals Panel established by section 5.4 
               of this order. 

                      Part 2  Derivative Classification 

           Sec. 2.1.  Definitions.  For purposes of this  order: (a) 
      "Derivative classification" means the  incorporating, 
      paraphrasing, restating or generating  in new form information 
      that is already classified,  and marking the newly developed 
      material consistent  with the classification markings that apply 
      to the  source information.  Derivative classification  includes 
      the classification of information based on  classification 
      guidance.  The duplication or  reproduction of existing 
      classified information is  not derivative classification. 

           (b)  "Classification guidance" means any  instruction or 
      source that prescribes the  classification of specific 
      information. 

           (c)  "Classification guide" means a documentary  form of 
      classification guidance issued by an original  classification 
      authority that identifies the elements  of information regarding 
      a specific subject that must  be classified and establishes the 
      level and duration  of classification for each such element. 

           (d)  "Source document" means an existing  document that 
      contains classified information that is  incorporated, 
      paraphrased, restated, or generated in  new form into a new 
      document. 


  
           (e)  "Multiple sources" means two or more source  documents, 
      classification guides, or a combination of  both. 

           Sec. 2.2.  Use of Derivative Classification.   (a)  Persons 
      who only reproduce, extract, or  summarize classified 
      information, or who only apply  classification markings derived 
      from source material  or as directed by a classification guide, 
      need not  possess original classification authority. 

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           (b)  Persons who apply derivative classification  markings 
      shall: 

           	(1)  observe and respect original classification 
               decisions; and 

           	(2)  carry forward to any newly created documents the 
               pertinent classification markings.  For information 
               derivatively classified based on multiple sources, the 
               derivative classifier shall carry forward: 

           		(A) the date or event for declassification that 
                       corresponds to the longest period of 
                       classification among the sources; and 

           	    	(B) a listing of these sources on or attached to 
                       the official file or record copy. 

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

           (b)  Each guide shall be approved personally and  in writing 
      by an official who: 

           		(1)  has program or supervisory responsibility 
                       over the information or is the senior agency 
                       official; and 

           		(2)  is authorized to classify information 
                       originally at the highest level of 
                       classification prescribed in the guide. 

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

                   Part 3  Declassification And Downgrading 

           Sec. 3.1.  Definitions.  For purposes of this  order:   (a) 
      "Declassification" means the authorized change  in the status of 
      information from classified  information to unclassified 
      information. 

           (b)  "Automatic declassification" means the 
      declassification of information based solely upon: 

              	(1)  the occurrence of a specific date or event as 
               determined by the original classification authority; or 


  
           	(2)  the expiration of a maximum time frame for duration 
               of classification established under this order. 

           (c)  "Declassification authority" means: 

           	(1)  the official who authorized the original 
               classification, if that official is still serving in the 
               same position; 

           	(2)  the originator's current successor in function; 

           	(3)  a supervisory official of either; or 

           	(4)  officials delegated declassification authority in 
               writing by the agency head or the senior agency 
               official. 

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           (d)  "Mandatory declassification review" means  the review 
      for declassification of classified  information in response toa 
      request for  declassification that meets the requirements under 
      section 3.6 of this order. 

           (e)  "Systematic declassification review" means  the review 
      for declassification of classified  information contained in 
      records that have been  determined by the Archivist of the United 
      States  ("Archivist") to have permanent historical value in 
      accordance with chapter 33 of title 44, United States  Code. 

           (f)  "Declassification guide" means written  instructions 
      issued by a declassification authority  that describes the 
      elements of information regarding  a specific subject that maybe 
      declassified and the  elements that must remain classified. 

           (g)  "Downgrading" means a determination by a 
      declassification authority that information  classified and 
      safeguarded at a specified level shall  be classified and 
      safeguarded at a lower level. 

           (h)  "File series" means documentary material,  regardless 
      of its physical form or characteristics,  that is arranged in 
      accordance with a filing system  or maintained as a unit because 
      it pertains to the  same function or activity. 

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

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

           	(1)  amplify or modify the substantive criteria or 
               procedures for classification; or 

           	(2)  create any substantive or procedural rights subject 
               to judicial review. 

           (c)  If the Director of the Information Security  Oversight 
      Office determines that information is  classified in violationof 
      this order, the Director  may require the information to be 
      declassified by the  agency that originated the classification. 

  
      Any such  decision by the Director may be appealed to the 
      President through the Assistant to the President for  National 
      Security Affairs.  The information shall remain  classified 
      pending a prompt decision on the appeal. 

           (d)  The provisions of this section shall also  apply to 
      agencies that, under the terms of this  order, do not have 
      original classification authority,  but had such authority under 
      predecessor orders.      Sec. 3.3.  Transferred Information.  (a) 
      In the  case of classified information transferred in 
      conjunction with a transfer of functions, and not  merely for 
      storage purposes, the receiving agency  shall be deemed to be the 
      originating agency for  purposes of this order. 

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           (b)  In the case of classified information that  is not 
      officially transferred as described in  paragraph (a), above, but 
      that originated in an  agency that has ceased to exist and for 
      which there  is no successor agency, each agency in possession 
      of such information shall be deemed to be the  originating agency 
      for purposes of this order.  Such  information may be 
      declassified or downgraded by the  agency in possession after 
      consultation with any  other agency that has an interest in the 
      subject  matter of the information. 

           (c)  Classified information accessioned into the  National 
      Archives and Records Administration  ("National Archives") as of 
      the effective date of  this order shall be declassified or 
      downgraded by the  Archivist in accordance with this order, the 
      directives issued pursuant to this order, agency 
      declassification guides, and any existing procedural  agreement 
      between the Archivist and the relevant  agency head. 

           (d)  The originating agency shall take all  reasonable steps 
      to declassify classified information  contained in records 
      determined to have permanent  historical value before they are 
      accessioned into the  National Archives.  However, the Archivist 
      may  require that records containing classified  information be 
      accessioned into the National Archives  when necessary to comply 
      with the provisions of the  Federal Records Act.  This provision 
      does not apply  to information being transferred to the Archivist 
      pursuant to section 2203 of title 44, United States  Code, or 
      information for which the National Archives  and Records 
      Administration serves as the custodian of  the records of an 
      agency or organization that goes  out of existence. 

           (e)  To the extent practicable, agencies shall  adopt a 
      system of records management that will  facilitate the public 
      release of documents at the  time such documents are declassified 
      pursuant to the  provisions for automatic declassification in 
      sections 1.6 and 3.4 of this order. 

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

           (b)  An agency head may exempt from automatic 
      declassification under paragraph (a), above, specific 
      information, the release of which should be expected  to: 


  
         	(1)  reveal the identity of a confidential human source, 
               or reveal information about the application of an 
               intelligence source or method, or reveal the identityof 
               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; 

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         	(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 proposesto 
      exempt from  automatic declassification.  The notification shall 
      include: 

           	(1)  a description of the file series; 

           	(2)  an explanation of why the information within the 
               file series is almost invariably exempt from automatic 
               declassification and why the information must remain 
               classified for a longer period of time; and 

           	(3)  except for the identity of a confidential human 
               source or a human intelligence source, as provided in 
               paragraph (b), above, a specific date or event for 
               declassification of the information. 

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

  
           (d)  At least 180 days before information is  automatically 
      declassified under this section, an  agency head or senior agency 
      official shall notify  the Director of the Information Security 
      Oversight  Office, serving as Executive Secretary of the 
      Interagency Security Classification Appeals Panel, of  any 
      specific information beyond that included in a  notification to 
      the President under paragraph (c),  above, that the agency 
      proposes to exempt from  automatic declassification.  The 
      notification shall  include:      	 

      		(1)  a description of the information; 

           	(2)  an explanation of why the information is exempt 
               from automatic declassification and must remain 
               classified for a longer period of time; and 

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         	(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 than1 
      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. 

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

           	(1)  recommendations of the Information Security Policy 
               Advisory Council, established in section 5.5 of this 
               order, on specific subject areas for systematic review 
               concentration; or 

           	(2) the degree of researcher interest and the likelihood 
               of declassification upon review. 


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

           (c)  After consultation with affected agencies,  the 
      Secretary of Defense may establish special  procedures for 
      systematic review for declassification  of classified cryptologic 
      information, and the  Director of Central Intelligence may 
      establish  special procedures for systematic review for 
      declassification of classified information pertaining  to 
      intelligence activities (including special  activities), or 
      intelligence sources or methods. 

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

           	(1)  the request for a review describes the document or 
               material containing the information with sufficient 
               specificity to enable the agency to locate it with a 
               reasonable amount of effort; 

           	(2)  the information is not exempted from search and 
               review under the Central Intelligence Agency Information 
               Act; and 

           	(3)  the information has not been reviewed for 
               declassification within the past 2 years.  If the agency 
               has reviewed the information within the past 2 years,or 
               the information is the subject of pending litigation, 
               the agency shall inform the requester of this fact and 
               of the requester's appeal rights. 

           (b)  Information originated by: 

           	(1)  the incumbent President; 

            	(2)  the incumbent President's White House Staff; 

             	(3)  committees, commissions, or boards appointed by the 
               incumbent President; or 

            	(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. 

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           (c)  Agencies conducting a mandatory review for 
      declassification shall declassify information that no  longer 
      meets the standards for classification under  this order.  They 
      shall release this information unless withholding is  otherwise 
      authorized and warranted under applicable  law. 

           (d)  In accordance with directives issued  pursuant to this 
      order, agency heads shall develop  procedures to process requests 
      for the mandatory  review of classified information.  These 
      procedures  shall apply to information classified under this  or 
      predecessor orders.  They also shall provide a  means for 
      administratively appealing a denial of a  mandatory review 
      request, and for notifying the  requester of the right to appeal 
      a final agency  decision to the Interagency Security 
      Classification  Appeals Panel. 

           (e)  After consultation with affected agencies,  the 
      Secretary of Defense shall develop special  procedures for the 
      review of cryptologic information,  the Director of Central 
      Intelligence shall develop  special procedures for the review of 
      information  pertaining to intelligence activities (including 
      special activities), or intelligence sources or  methods, and the 
      Archivist shall develop special  procedures for the review of 
      information accessioned  into the National Archives. 

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

           (a)  An agency may refuse to confirm or deny the  existence 
      or nonexistence of requested information  whenever the fact of 
      its existence or nonexistence is  itself classified under this 
      order. 

           (b)  When an agency receives any request for  documents in 
      its custody that contain information  that was originally 
      classified by another agency, or  comes across such documents 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. 

           Sec. 3.8.  Declassification Database.  (a)  The  Archivist 
      in conjunction with the Director of the  Information Security 

  
      Oversight Office and those  agencies that originate classified 
      information, shall  establish a Governmentwide database of 
      information  that has been declassified.  The Archivist shall 
      also  explore other possible uses of technology to  facilitate 
      the declassification process. 

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

           (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. 

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                             Part 4  Safeguarding 

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

           (b)  "Access" means the ability or opportunity  to gain 
      knowledge of classified information. 

           (c)  "Need-to-know" means a determination made  by an 
      authorized holder of classified information  that a prospective 
      recipient requires access to  specific classified information in 
      order to perform  or assist in a lawful and authorized 
      governmental  function. 

           (d)  "Automated information system" means an  assembly of 
      computer hardware, software, or firmware  configured to collect, 
      create, communicate, compute, disseminate, process,  store, or 
      control data or information. 

           (e)  "Integrity" means the state that exists  when 
      information is unchanged from its source and has  not been 
      accidentally or intentionally modified,  altered, or destroyed. 

           (f)  "Network" means a system of two or more  computers that 
      can exchange data or information. 

           (g)  "Telecommunications" means the preparation, 
      transmission, or communication of information by  electronic 
      means. 

           (h)  "Special access program" means a program  established 
      for a specific class of classified  information that imposes 
      safeguarding and access  requirements that exceed those normally 
      required for  information at the same classification level. 

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

      		(1)  a favorable determination of eligibility for access 
               has been made by an agency head or the agency head's 
               designee; 

           	(2)  the person has signed an approved nondisclosure 
               agreement; and 

           	(3)  the person has a need-to-know the information. 

           (b)  Classified information shall remain under  the control 
      of the originating agency or its  successor in function.  An 
      agency shall not disclose  information originally classified by 
      another agency  without its authorization.  An official or 

  
      employee  leaving agency service may not remove classified 
      information from the agency's control. 

           (c)  Classified information may not be removed  from 
      official premises without proper authorization. 

           (d)  Persons authorized to disseminate  classified 
      information outside the executive branch  shall assure the 
      protection of the information in a  manner equivalent to that 
      provided within the  executive branch. 

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           (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. 

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

           (b)  Each agency shall update, at least  annually, the 
      automatic, routine, or recurring  distribution of classified 
      information that they  distribute.  Recipients shall cooperate 
      fully with  distributors who are updating distribution lists and 
      shall notify distributors whenever a relevant change  in status 
      occurs. 


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

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          	(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. 

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

      		(1)  are engaged in historical research projects; or 

           	(2)  previously have occupied policy-making positions to 
               which they were appointed by the President. 

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           (b)  Waivers under this section may be granted  only if the 
      agency head or senior agency official of  the originating agency: 

           	(1)  determines in writing that access is consistent 
               with the interest of national security; 

           	(2)  takes appropriate steps to protect classified 
               information from unauthorized disclosure or compromise, 
               and ensures that the information is safeguarded in a 
               manner consistent with this order; and 

           	(3)  limits the access granted to former Presidential 
               appointees to items that the person originated, 
               reviewed, signed, or received while serving as a 
               Presidential appointee. 

                      Part 5  Implementation And Review 

           Sec. 5.1.  Definitions.  For purposes of this  order:  (a) 
      "Self-inspection" means the internal  review and evaluation of 
      individual agency activities  and the agency as a whole with 
      respect to the  implementation of the program established under 
      this  order and its implementing directives. 

           (b)  "Violation" means: 

           	(1)  any knowing, willful, or negligent action that 
               could reasonably be expected to result in an 
               unauthorized disclosure of classified information; 

           	(2)  any knowing, willful, or negligent action to 
               classify or continue the classification of information 
               contrary to the requirements of this order or its 
               implementing directives; or 

           	(3)  any knowing, willful, or negligent action to create 
               or continue a special access program contrary to the 
               requirements of this order. 

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

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

  

           	(1)  classification and marking principles; 

           	(2)  agency security education and training programs; 

           	(3)  agency self-inspection programs; and 

           	(4)  classification and declassification guides. 

           (b)  The Director of the Office of Management  and Budget 
      shall delegate the implementation and  monitorship functions of 
      this program to the Director  of the Information Security 
      Oversight Office. 

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           (c)  The Security Policy Board, established by a 
      Presidential Decision Directive, shall make a  recommendation to 
      the President through the Assistant  to the President for 
      National Security Affairs with respect to the  issuance of a 
      Presidential directive on safeguarding  classified information. 
      The Presidential directive  shall pertain to the handling, 
      storage, distribution,  transmittal, and destruction of and 
      accounting for  classified information. 

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

           (b)  Under the direction of the Director of the  Office of 
      Management and Budget acting in  consultation with the Assistant 
      to the President for National Security Affairs, the  Director of 
      the Information Security Oversight Office  shall: 

       	(1)  develop directives for the implementation of this 
               order; 

           	(2)  oversee agency actions to ensure compliance with 
               this order and its implementing directives; 

           	(3)  review and approve agency implementing regulations 
               and agency guides for systematic declassification review 
               prior to their issuance by the agency; 

           	(4)  have the authority to conduct on-site reviews of 
               each agency's program established under this order, and 
               to require of each agency those reports, information, 
               and other cooperation that may be necessary to fulfill 
               its responsibilities.  If granting access to specific 
               categories of classified information would pose an 
               exceptional national security risk, the affected agency 
               head or the senior agency official shall submit a 
               written justification recommending the denial of access 
               to the Director of the Office of Management and Budget 
               within 60 days of the request for access.  Access shall 
               be denied pending a prompt decision by the Director of 
               the Office of Management and Budget, who shall consult 
               on this decision with the Assistant to the President for 
               National Security Affairs; 
      		(5)  review requests for original classification 
               authority from agencies or officials not granted 
               original classification authority and, if deemed 
               appropriate, recommend Presidential approval through the 
               Director of the Office of Management and Budget; 

  
           	 
          	(6)  consider and take action on complaints and 
               suggestions from persons within or outside the 
               Government with respect to the administration of the 
               program established under this order; 

      		(7)  have the authority to prescribe, after consultation 
               with affected agencies, standardization of forms or 
               procedures that will promote the implementation of the 
               program established under this order; 

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          	(8)  report at least annually to the President on the 
               implementation of this order; and 

          	(9)  convene and chair interagency meetings to discuss 
               matters pertaining to the program established by this 
               order. 

            Sec. 5.4.  Interagency Security Classification  Appeals 
      Panel.  (a)  Establishment and  Administration. 

           	(1)  There is established an Interagency Security 
               Classification Appeals Panel ("Panel").  The Secretaries 
               of State and Defense, the Attorney General, the Director 
               of Central Intelligence, the Archivist of the United 
               States, and the Assistant to the President for National 
               Security Affairs shall each appoint a senior level 
               representative to serve as a member of the Panel.  The 
               President shall select the Chair of the Panel from among 
               the Panel members. 

           	(2)  A vacancy on the Panel shall be filled as quickly 
               as possible as provided in paragraph (1), above. 

           	(3)  The Director of the Information Security Oversight 
               Office shall serve as the Executive Secretary.  The 
               staff of the Information Security Oversight Office shall 
               provide program and administrative support for the 
               Panel. 

           	(4)  The members and staff of the Panel shall be 
               required to meet eligibility for access standards in 
               order to fulfill the Panel's functions. 

           	(5)  The Panel shall meet at the call of the Chair.  The 
               Chair shall schedule meetings as may be necessary for 
               the Panel to fulfill its functions in a timely manner. 

           	(6)  The Information Security Oversight Office shall 
               include in its reports to the President a summary of the 
               Panel's activities. 

           (b)  Functions.  The Panel shall: 

           	(1)  decide on appeals by persons who have filed 
               classification challenges under section 1.9 of this 
               order; 

           	(2)  approve, deny, or amend agency exemptions from 
               automatic declassification as provided in section 3.4of 
               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. 

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           (d)  Agency heads will cooperate fully with the  Panel so 
      that it can fulfill its functions in a  timely and fully informed 
      manner.  An agency head may  appeal a decision of the Panel to 
      the President  through the Assistant to the President for 
      National  Security Affairs.  The Panel will report to the 
      President through the Assistant to the President for  National 
      Security Affairs any instance in which it  believes that an 
      agency head is not cooperating fully  with the Panel. 

           (e)  The Appeals Panel is established for the  sole purpose 
      of advising and assisting the President  in the discharge of his 
      constitutional and  discretionary authority to protect the 
      national  security of the United States.  Panel decisions are 
      committed to the discretion of the Panel, unless  reversed by the 
      President. 

           Sec. 5.5.  Information Security Policy Advisory  Council. 
      (a)  Establishment.  There is established an  Information 
      Security Policy Advisory Council  ("Council").  The Council shall 
      be composed of seven  members appointed by the President for 
      staggered  terms not to exceed 4 years, from among persons who 
      have demonstrated interest and expertise in an area  related to 
      the subject matter of this order and are  not otherwise employees 
      of the Federal Government.   The President shall appoint the 
      Council Chair from  among the members.  The Council shall comply 
      with the  Federal Advisory Committee Act, as amended, 5 U.S.C. 
      App. 2. 

           (b)  Functions.  The Council shall: 

      		(1)  advise the President, the Assistant to the 
               President for National Security Affairs, the Directorof 
               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)). 

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            	(3)  To the extent permitted by law and subject to the 
               availability of funds, the Information Security 
               Oversight Office shall provide the Council with 
               administrative services, facilities, staff, and other 
               support services necessary for the performance of its 
               functions. 

           	(4)  Notwithstanding any other Executive order, the 
               functions of the President under the Federal 
               Advisory Committee Act, as amended, that are applicable 
               to the Council, except that of reporting to the 
               Congress, shall be performed by the Director of the 
               Information Security Oversight Office in accordance 
               with the guidelines and procedures established by the 
               General Services Administration. 

           Sec. 5.6.  General Responsibilities.  Heads of  agencies 
      that originate or handle classified  information shall: (a) 
      demonstrate personal commitment and commit  senior management to 
      the successful implementation of  the program established under 
      this order; 

           (b)  commit necessary resources to the effective 
      implementation of the program established under this  order; and 

           (c)  designate a senior agency official to  direct and 
      administer the program, whose  responsibilities shall include: 

           	(1)  overseeing the agency's program established under 
               this order, provided, an agency head may designate a 
               separate official to oversee special access programs 
               authorized under this order.  This official shall 
               provide a full accounting of the agency's special access 
               programs at least annually; 

           	(2)  promulgating implementing regulations, which shall 
               be published in the Federal Register to the extent that 
               they affect members of the public; 

           	(3)  establishing and maintaining security education and 
               training programs; 

           	(4)  establishing and maintaining an ongoing 
               self-inspection program, which shall include the 
               periodic review and assessment of the agency's 
               classified product; 

           	(5)  establishing procedures to prevent unnecessary 
               access to classified information, including procedures 
               that:     (i) require that a need for access to 
               classified information is established before initiating 
               administrative clearance procedures; and (ii) 

  
               ensure that the number of persons granted access to 
               classified information is limited to the minimum 
               consistent with operational and security requirements 
               and needs;                 	 

      		(6)  developing special contingency plans for the 
               safeguarding of classified information used in or near 
               hostile or potentially hostile areas; 

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           	    	      	   	     	       	      (Over) 

 
                                      24 

            	(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 reportedto 
               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 componentof 
               the agency that no longer exists and for which there is 
               no clear successor in function. 

           Sec. 5.7.  Sanctions.  (a)  If the Director of  the 
      Information Security Oversight Office finds that  a violation of 
      this order or its implementing  directives may have occurred, the 
      Director shall make  a report to the head of the agency or to the 
      senior  agency official so that corrective steps, if 
      appropriate, may be taken. 

           (b)  Officers and employees of the United States 
      Government, and its contractors, licensees,  certificate holders, 
      and grantees shall be subject to  appropriate sanctions if they 
      knowingly, willfully,  or negligently: 

           	(1)  disclose to unauthorized persons information 
               properly classified under this order or predecessor 
               orders; 

           	(2)  classify or continue the classification of 
               information in violation of this order or any 
               implementing directive; 

           	(3)  create or continue a special access program 
               contrary to the requirements of this order; or 

           	(4)  contravene any other provision of this order or its 
               implementing directives. 

           (c)  Sanctions may include reprimand, suspension  without 
      pay, removal, termination of classification  authority, loss or 
      denial of access to classified  information, or other sanctions 
      in accordance with  applicable law and agency regulation. 

  
           (d)  The agency head, senior agency official, or  other 
      supervisory official shall, at a minimum,  promptly remove the 
      classification authority of any  individual who demonstrates 
      reckless disregard or a  pattern of error in applying the 
      classification  standards of this order. 

           (e)  The agency head or senior agency official  shall: 

           	(1)  take appropriate and prompt corrective action when 
               a violation or infraction under paragraph (b), above, 
               occurs; and 

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                                      25 

           	(2)  notify the Director of the Information Security 
               Oversight Office when a violation under paragraph 
               (b)(1), (2) or (3), above, occurs. 

                          Part 6  General Provisions 

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

           (b)  The Attorney General, upon request by the  head of an 
      agency or the Director of the Information  Security Oversight 
      Office, shall render an  interpretation of this order with 
      respect to  any question arising in the course of its 
      administration. 

           (c)  Nothing in this order limits the protection  afforded 
      any information by other provisions of law,  including the 
      exemptions to the Freedom of  Information Act, the Privacy Act, 
      and the National  Security Act of 1947, as amended.  This order 
      is not  intended, and should not be construed, to create any 
      right or benefit, substantive or procedural,  enforceable at law 
      by a party against the  United States, its agencies, 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. 

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



            	    	      	   	     William J. Clinton 



      The White House, 
           April 17, 1995. 



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