Classified National Security Information, 707-731 [E9-31418]

Agencies

• Executive Office of the President
• Presidential Documents

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Presidential Documents]
[Pages 707-731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31418]



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Part VII





The President





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Executive Order 13526--Classified National Security Information



Memorandum of December 29, 2009--Implementation of the Executive Order 
``Classified National Security Information''



Order of December 29, 2009--Original Classification Authority


                        Presidential Documents 



Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 707]]

                Executive Order 13526 of December 29, 2009

                
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 both within the Government and to the 
                American people. 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 and demonstrating our commitment to 
                open Government through accurate and accountable 
                application of classification standards and routine, 
                secure, and effective declassification are equally 
                important priorities.

                NOW, THEREFORE, I, BARACK OBAMA, 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. Classification Standards. (a) Information 
                may be originally classified under the terms of this 
                order only if all of the following conditions are met:

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

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

(3) the information falls within one or more of the categories of 
information listed in section 1.4 of this order; and

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

                    (b) 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.
                    (d) The unauthorized disclosure of foreign 
                government information is presumed to cause damage to 
                the national security.

                Sec. 1.2. Classification Levels. (a) Information may be 
                classified at one of the following three levels:

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

(2) ``Secret'' shall be applied to information, the unauthorized disclosure 
of which reasonably could be expected to cause serious damage to the

[[Page 708]]

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

(1) the President and the Vice President;

(2) agency heads and officials designated by the President; and

(3) United States Government officials delegated this authority pursuant to 
paragraph (c) of this section.

                    (b) Officials authorized to classify information at 
                a specified level are also authorized to classify 
                information at a lower level.
                    (c) Delegation of original classification 
                authority.

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

(2) ``Top Secret'' original classification authority may be delegated only 
by the President, 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, the Vice President, an agency head or 
official designated pursuant to paragraph (a)(2) of this section, or the 
senior agency official designated under 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.

(5) Delegations of original classification authority shall be reported or 
made available by name or position to the Director of the Information 
Security Oversight Office.

                    (d) All original classification authorities must 
                receive training in proper classification (including 
                the avoidance of over-classification) and 
                declassification as provided in this order and its 
                implementing directives at least once a calendar year. 
                Such training must include instruction on the proper 
                safeguarding of classified information and on the 
                sanctions in section 5.5 of this order that may be 
                brought against an individual who fails to classify 
                information properly or protect classified information 
                from unauthorized disclosure. Original classification 
                authorities who do not receive such mandatory training 
                at least once within a calendar year shall have their 
                classification authority suspended by the agency head 
                or the senior agency official designated under section 
                5.4(d) of this order until such training has taken 
                place. A waiver may be granted by the agency head, the 
                deputy agency head, or the senior agency official if an 
                individual is unable to receive such training due to 
                unavoidable circumstances. Whenever a waiver is 
                granted, the individual shall receive such training as 
                soon as practicable.
                    (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

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                with this order and its implementing directives. The 
                information shall be transmitted promptly as provided 
                under this order or its implementing directives to the 
                agency that has appropriate subject matter interest and 
                classification authority with respect to this 
                information. That agency shall decide within 30 days 
                whether to classify this information.

                Sec. 1.4. Classification Categories. Information shall 
                not be considered for classification unless its 
                unauthorized disclosure could reasonably be expected to 
                cause identifiable or describable damage to the 
                national security in accordance with section 1.2 of 
                this order, and it pertains to one or more of the 
                following:

                    (a) military plans, weapons systems, or operations;
                    (b) foreign government information;
                    (c) intelligence activities (including covert 
                action), 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;
                    (g) vulnerabilities or capabilities of systems, 
                installations, infrastructures, projects, plans, or 
                protection services relating to the national security; 
                or (h) the development, production, or use of weapons 
                of mass destruction.

                Sec. 1.5. Duration of Classification. (a) At the time 
                of original classification, the original classification 
                authority shall establish a specific date or event for 
                declassification based on the duration of the national 
                security sensitivity of the information. Upon reaching 
                the date or event, the information shall be 
                automatically declassified. Except for information that 
                should clearly and demonstrably be expected to reveal 
                the identity of a confidential human source or a human 
                intelligence source or key design concepts of weapons 
                of mass destruction, 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 be marked for 
                declassification for up to 25 years from the date of 
                the original decision.
                    (c) An original classification authority may extend 
                the duration of classification up to 25 years from the 
                date of origin of the document, change the level of 
                classification, or reclassify specific information only 
                when the standards and procedures for classifying 
                information under this order are followed.
                    (d) No information may remain classified 
                indefinitely. Information marked for an indefinite 
                duration of classification under predecessor orders, 
                for example, marked as ``Originating Agency's 
                Determination Required,'' or classified information 
                that contains incomplete declassification instructions 
                or lacks declassification instructions shall be 
                declassified in accordance with part 3 of this order.

                Sec. 1.6. Identification and Markings. (a) At the time 
                of original classification, the following shall be 
                indicated in a manner that is immediately apparent:

(1) one of the three classification levels defined in section 1.2 of this 
order;

(2) the identity, by name and position, or by personal identifier, 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:

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

  (B) the date that is 10 years from the date of original classification, 
as prescribed in section 1.5(b);

  (C) the date that is up to 25 years from the date of original 
classification, as prescribed in section 1.5(b); or

  (D) in the case of information that should clearly and demonstrably be 
expected to reveal the identity of a confidential human source or a human 
intelligence source or key design concepts of weapons of mass destruction, 
the marking prescribed in implementing directives issued pursuant to this 
order; and

(5) a concise reason for classification that, at a minimum, cites the 
applicable classification categories in section 1.4 of this order.

                    (b) Specific information required in paragraph (a) 
                of this section may be excluded if it would reveal 
                additional classified information.
                    (c) With respect to each classified document, the 
                agency originating the document shall, by marking or 
                other means, indicate which portions are classified, 
                with the applicable classification level, and which 
                portions are unclassified. In accordance with standards 
                prescribed in directives issued under this order, the 
                Director of the Information Security Oversight Office 
                may grant and revoke temporary waivers of this 
                requirement. The Director shall revoke any waiver upon 
                a finding of abuse.
                    (d) Markings or other indicia implementing the 
                provisions of this order, including abbreviations and 
                requirements to safeguard classified working papers, 
                shall conform to the standards prescribed in 
                implementing directives issued pursuant to this order.
                    (e) Foreign government information shall retain its 
                original classification markings or shall be assigned a 
                U.S. classification that provides a degree of 
                protection at least equivalent to that required by the 
                entity that furnished the information. Foreign 
                government information retaining its original 
                classification markings need not be assigned a U.S. 
                classification marking provided that the responsible 
                agency determines that the foreign government markings 
                are adequate to meet the purposes served by U.S. 
                classification markings.
                    (f) Information assigned a level of classification 
                under this or predecessor orders shall be considered as 
                classified at that level of classification despite the 
                omission of other required markings. Whenever such 
                information is used in the derivative classification 
                process or is reviewed for possible declassification, 
                holders of such information shall coordinate with an 
                appropriate classification authority for the 
                application of omitted markings.
                    (g) The classification authority shall, whenever 
                practicable, use a classified addendum whenever 
                classified information constitutes a small portion of 
                an otherwise unclassified document or prepare a product 
                to allow for dissemination at the lowest level of 
                classification possible or in unclassified form.
                    (h) Prior to public release, all declassified 
                records shall be appropriately marked to reflect their 
                declassification.

                Sec. 1.7. Classification Prohibitions and Limitations. 
                (a) In no case shall information be classified, 
                continue to be maintained as classified, or fail to be 
                declassified in order to:

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

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

(3) restrain competition; or

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

                    (b) Basic scientific research information not 
                clearly related to the national security shall not be 
                classified.
                    (c) Information may not be reclassified after 
                declassification and release to the public under proper 
                authority unless:

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(1) the reclassification is personally approved in writing by the agency 
head based on a document-by-document determination by the agency that 
reclassification is required to prevent significant and demonstrable damage 
to the national security;

(2) the information may be reasonably recovered without bringing undue 
attention to the information;

(3) the reclassification action is reported promptly to the Assistant to 
the President for National Security Affairs (National Security Advisor) and 
the Director of the Information Security Oversight Office; and

(4) for documents in the physical and legal custody of the National 
Archives and Records Administration (National Archives) that have been 
available for public use, the agency head has, after making the 
determinations required by this paragraph, notified the Archivist of the 
United States (Archivist), who shall suspend public access pending approval 
of the reclassification action by the Director of the Information Security 
Oversight Office. Any such decision by the Director may be appealed by the 
agency head to the President through the National Security Advisor. Public 
access shall remain suspended pending a prompt decision on the appeal.

                    (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), the Presidential Records Act, 44 U.S.C. 
                2204(c)(1), 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. 
                The requirements in this paragraph also apply to those 
                situations in which information has been declassified 
                in accordance with a specific date or event determined 
                by an original classification authority in accordance 
                with section 1.5 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.

                Sec. 1.8. Classification Challenges. (a) Authorized 
                holders of information who, in good faith, believe that 
                its classification status is improper are encouraged 
                and expected to challenge the classification status of 
                the information in accordance with agency procedures 
                established under paragraph (b) of this section.

                    (b) In accordance with implementing directives 
                issued pursuant to this order, an agency head or senior 
                agency official shall establish procedures under which 
                authorized holders of information, including authorized 
                holders outside the classifying agency, are encouraged 
                and expected to challenge the classification of 
                information that they believe is improperly classified 
                or unclassified. These procedures shall ensure that:

(1) individuals are not subject to retribution for bringing such actions;

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

(3) individuals are advised of their right to appeal agency decisions to 
the Interagency Security Classification Appeals Panel (Panel) established 
by section 5.3 of this order.

                    (c) Documents required to be submitted for 
                prepublication review or other administrative process 
                pursuant to an approved nondisclosure agreement are not 
                covered by this section.

[[Page 712]]

                Sec. 1.9. Fundamental Classification Guidance Review. 
                (a) Agency heads shall complete on a periodic basis a 
                comprehensive review of the agency's classification 
                guidance, particularly classification guides, to ensure 
                the guidance reflects current circumstances and to 
                identify classified information that no longer requires 
                protection and can be declassified. The initial 
                fundamental classification guidance review shall be 
                completed within 2 years of the effective date of this 
                order.

                    (b) The classification guidance review shall 
                include an evaluation of classified information to 
                determine if it meets the standards for classification 
                under section 1.4 of this order, taking into account an 
                up-to-date assessment of likely damage as described 
                under section 1.2 of this order.
                    (c) The classification guidance review shall 
                include original classification authorities and agency 
                subject matter experts to ensure a broad range of 
                perspectives.
                    (d) Agency heads shall provide a report summarizing 
                the results of the classification guidance review to 
                the Director of the Information Security Oversight 
                Office and shall release an unclassified version of 
                this report to the public.

                PART 2--DERIVATIVE CLASSIFICATION

                Sec. 2.1. Use of Derivative Classification. (a) Persons 
                who reproduce, extract, or summarize classified 
                information, or who apply classification markings 
                derived from source material or as directed by a 
                classification guide, need not possess original 
                classification authority.

                    (b) Persons who apply derivative classification 
                markings shall:

(1) be identified by name and position, or by personal identifier, in a 
manner that is immediately apparent for each derivative classification 
action;

(2) observe and respect original classification decisions; and

(3) 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, or the marking 
established pursuant to section 1.6(a)(4)(D) of this order; and

  (B) a listing of the source materials.

                    (c) Derivative classifiers shall, whenever 
                practicable, use a classified addendum whenever 
                classified information constitutes a small portion of 
                an otherwise unclassified document or prepare a product 
                to allow for dissemination at the lowest level of 
                classification possible or in unclassified form.
                    (d) Persons who apply derivative classification 
                markings shall receive training in the proper 
                application of the derivative classification principles 
                of the order, with an emphasis on avoiding over-
                classification, at least once every 2 years. Derivative 
                classifiers who do not receive such training at least 
                once every 2 years shall have their authority to apply 
                derivative classification markings suspended until they 
                have received such training. A waiver may be granted by 
                the agency head, the deputy agency head, or the senior 
                agency official if an individual is unable to receive 
                such training due to unavoidable circumstances. 
                Whenever a waiver is granted, the individual shall 
                receive such training as soon as practicable.

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

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

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

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

                    (c) Agencies shall establish procedures to ensure 
                that classification guides are reviewed and updated as 
                provided in directives issued under this order.
                    (d) Agencies shall incorporate original 
                classification decisions into classification guides on 
                a timely basis and in accordance with directives issued 
                under this order.
                    (e) Agencies may incorporate exemptions from 
                automatic declassification approved pursuant to section 
                3.3(j) of this order into classification guides, 
                provided that the Panel is notified of the intent to 
                take such action for specific information in advance of 
                approval and the information remains in active use.
                    (f) The duration of classification of a document 
                classified by a derivative classifier using a 
                classification guide shall not exceed 25 years from the 
                date of the origin of the document, except for:

(1) information that should clearly and demonstrably be expected to reveal 
the identity of a confidential human source or a human intelligence source 
or key design concepts of weapons of mass destruction; and

(2) specific information incorporated into classification guides in 
accordance with section 2.2(e) of this order.

                PART 3--DECLASSIFICATION AND DOWNGRADING

                Sec. 3.1. Authority for Declassification. (a) 
                Information shall be declassified as soon as it no 
                longer meets the standards for classification under 
                this order.

                    (b) Information shall be declassified or downgraded 
                by:

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

(2) the originator's current successor in function, if that individual has 
original classification authority;

(3) a supervisory official of either the originator or his or her successor 
in function, if the supervisory official has original classification 
authority; or (4) officials delegated declassification authority in writing 
by the agency head or the senior agency official of the originating agency.

                    (c) The Director of National Intelligence (or, if 
                delegated by the Director of National Intelligence, the 
                Principal Deputy Director of National Intelligence) 
                may, with respect to the Intelligence Community, after 
                consultation with the head of the originating 
                Intelligence Community element or department, 
                declassify, downgrade, or direct the declassification 
                or downgrading of information or intelligence relating 
                to intelligence sources, methods, or activities.
                    (d) It is presumed that information that continues 
                to meet the classification requirements under this 
                order requires continued protection. In some 
                exceptional cases, however, the need to protect such 
                information may be outweighed by the public interest in 
                disclosure of the information, and in these cases the 
                information should be declassified. When such questions 
                arise, they shall be referred to the agency head or the 
                senior agency official. That official will determine, 
                as an exercise of discretion, whether the public 
                interest in disclosure outweighs the damage to the 
                national security that might reasonably be expected 
                from disclosure. This provision does not:

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

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

                    (e) 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 National Security Advisor. The 
                information shall remain classified pending a prompt 
                decision on the appeal.

[[Page 714]]

                    (f) 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.
                    (g) No information may be excluded from 
                declassification under section 3.3 of this order based 
                solely on the type of document or record in which it is 
                found. Rather, the classified information must be 
                considered on the basis of its content.
                    (h) Classified nonrecord materials, including 
                artifacts, shall be declassified as soon as they no 
                longer meet the standards for classification under this 
                order.
                    (i) When making decisions under sections 3.3, 3.4, 
                and 3.5 of this order, agencies shall consider the 
                final decisions of the Panel.

                Sec. 3.2. Transferred Records.

                    (a) In the case of classified records transferred 
                in conjunction with a transfer of functions, and not 
                merely for storage purposes, the receiving agency shall 
                be deemed to be the originating agency for purposes of 
                this order.
                    (b) In the case of classified records that are not 
                officially transferred as described in paragraph (a) of 
                this section, but that originated in an agency that has 
                ceased to exist and for which there is no successor 
                agency, each agency in possession of such records shall 
                be deemed to be the originating agency for purposes of 
                this order. Such records may be declassified or 
                downgraded by the agency in possession of the records 
                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 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 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 transferred to the Archivist 
                pursuant to section 2203 of title 44, United States 
                Code, or records for which the National Archives serves 
                as the custodian of the records of an agency or 
                organization that has gone out of existence.
                    (e) To the extent practicable, agencies shall adopt 
                a system of records management that will facilitate the 
                public release of documents at the time such documents 
                are declassified pursuant to the provisions for 
                automatic declassification in section 3.3 of this 
                order.

                Sec. 3.3 Automatic Declassification.

                    (a) Subject to paragraphs (b)-(d) and (g)-(j) of 
                this section, 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. All 
                classified records shall be automatically declassified 
                on December 31 of the year that is 25 years from the 
                date of origin, except as provided in paragraphs (b)-
                (d) and (g)-(j) of this section. If the date of origin 
                of an individual record cannot be readily determined, 
                the date of original classification shall be used 
                instead.
                    (b) An agency head may exempt from automatic 
                declassification under paragraph (a) of this section 
                specific information, the release of which should 
                clearly and demonstrably be expected to:

(1) reveal the identity of a confidential human source, a human 
intelligence source, a relationship with an intelligence or security 
service of a foreign

[[Page 715]]

government or international organization, or a nonhuman intelligence 
source; or impair the effectiveness of an intelligence method currently in 
use, available for use, or under development;

(2) reveal information that would assist in the development, production, 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 formally named or numbered U.S. military war plans that remain 
in effect, or reveal operational or tactical elements of prior plans that 
are contained in such active plans;

(6) reveal information, including foreign government information, that 
would cause serious harm to relations between the United States and a 
foreign government, or to ongoing diplomatic activities of the United 
States;

(7) reveal information that would 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 impair current national 
security emergency preparedness plans or reveal current vulnerabilities of 
systems, installations, or infrastructures relating to the national 
security; or

(9) violate a statute, treaty, or international agreement that does not 
permit the automatic or unilateral declassification of information at 25 
years.

                    (c)(1) An agency head shall notify the Panel 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 that the agency proposes to 
                exempt from automatic declassification at 25 years.

(2) The notification shall include:

  (A) a description of the file series;

  (B) 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

  (C) except when the information within the file series almost invariably 
identifies a confidential human source or a human intelligence source or 
key design concepts of weapons of mass destruction, a specific date or 
event for declassification of the information, not to exceed December 31 of 
the year that is 50 years from the date of origin of the records.

(3) The Panel may direct the agency not to exempt a designated file series 
or to declassify the information within that series at an earlier date than 
recommended. The agency head may appeal such a decision to the President 
through the National Security Advisor.

(4) File series exemptions approved by the President prior to December 31, 
2008, shall remain valid without any additional agency action pending Panel 
review by the later of December 31, 2010, or December 31 of the year that 
is 10 years from the date of previous approval.

                    (d) The following provisions shall apply to the 
                onset of automatic declassification:

(1) Classified records within an integral file block, as defined in this 
order, that are otherwise subject to automatic declassification under this 
section shall not be automatically declassified until December 31 of the 
year that is 25 years from the date of the most recent record within the 
file block.

[[Page 716]]

(2) After consultation with the Director of the National Declassification 
Center (the Center) established by section 3.7 of this order and before the 
records are subject to automatic declassification, an agency head or senior 
agency official may delay automatic declassification for up to five 
additional years for classified information contained in media that make a 
review for possible declassification exemptions more difficult or costly.

(3) Other than for records that are properly exempted from automatic 
declassification, records containing classified information that originated 
with other agencies or the disclosure of which would affect the interests 
or activities of other agencies with respect to the classified information 
and could reasonably be expected to fall under one or more of the 
exemptions in paragraph (b) of this section shall be identified prior to 
the onset of automatic declassification for later referral to those 
agencies.

  (A) The information of concern shall be referred by the Center 
established by section 3.7 of this order, or by the centralized facilities 
referred to in section 3.7(e) of this order, in a prioritized and scheduled 
manner determined by the Center.

  (B) If an agency fails to provide a final determination on a referral 
made by the Center within 1 year of referral, or by the centralized 
facilities referred to in section 3.7(e) of this order within 3 years of 
referral, its equities in the referred records shall be automatically 
declassified.

  (C) If any disagreement arises between affected agencies and the Center 
regarding the referral review period, the Director of the Information 
Security Oversight Office shall determine the appropriate period of review 
of referred records.

  (D) Referrals identified prior to the establishment of the Center by 
section 3.7 of this order shall be subject to automatic declassification 
only in accordance with subparagraphs (d)(3)(A)-(C) of this section.

(4) After consultation with the Director of the Information Security 
Oversight Office, an agency head 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.

                    (e) Information exempted from automatic 
                declassification under this section shall remain 
                subject to the mandatory and systematic 
                declassification review provisions of this order.
                    (f) 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.
                    (g) The Secretary of Energy shall determine when 
                information concerning foreign nuclear programs that 
                was removed from the Restricted Data category in order 
                to carry out provisions of the National Security Act of 
                1947, as amended, may be declassified. Unless otherwise 
                determined, such information shall be declassified when 
                comparable information concerning the United States 
                nuclear program is declassified.
                    (h) Not later than 3 years from the effective date 
                of this order, all records exempted from automatic 
                declassification under paragraphs (b) and (c) of this 
                section shall be automatically declassified on December 
                31 of a year that is no more than 50 years from the 
                date of origin, subject to the following:

(1) Records that contain information the release of which should clearly 
and demonstrably be expected to reveal the following are exempt from 
automatic declassification at 50 years:

[[Page 717]]

  (A) the identity of a confidential human source or a human intelligence 
source; or

  (B) key design concepts of weapons of mass destruction.

(2) In extraordinary cases, agency heads may, within 5 years of the onset 
of automatic declassification, propose to exempt additional specific 
information from declassification at 50 years.

(3) Records exempted from automatic declassification under this paragraph 
shall be automatically declassified on December 31 of a year that is no 
more than 75 years from the date of origin unless an agency head, within 5 
years of that date, proposes to exempt specific information from 
declassification at 75 years and the proposal is formally approved by the 
Panel.

                    (i) Specific records exempted from automatic 
                declassification prior to the establishment of the 
                Center described in section 3.7 of this order shall be 
                subject to the provisions of paragraph (h) of this 
                section in a scheduled and prioritized manner 
                determined by the Center.
                    (j) At least 1 year before information is subject 
                to automatic declassification 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 that the agency proposes to exempt 
                from automatic declassification under paragraphs (b) 
                and (h) of this section.

(1) The notification shall include:

  (A) a detailed description of the information, either by reference to 
information in specific records or in the form of a declassification guide;

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

  (C) a specific date or a specific and independently verifiable event for 
automatic declassification of specific records that contain the information 
proposed for exemption.

(2) The Panel may direct the agency not to exempt the information or to 
declassify it at an earlier date than recommended. An agency head may 
appeal such a decision to the President through the National Security 
Advisor. The information will remain classified while such an appeal is 
pending.

                    (k) For information in a file series of records 
                determined not to have permanent historical value, the 
                duration of classification beyond 25 years shall be the 
                same as the disposition (destruction) date of those 
                records in each Agency Records Control Schedule or 
                General Records Schedule, although the duration of 
                classification shall be extended if the record has been 
                retained for business reasons beyond the scheduled 
                disposition date.

                Sec. 3.4. Systematic Declassification Review.

                    (a) Each agency that has originated classified 
                information under this order or its predecessors shall 
                establish and conduct a program for systematic 
                declassification review for records of permanent 
                historical value exempted from automatic 
                declassification under section 3.3 of this order. 
                Agencies shall prioritize their review of such records 
                in accordance with priorities established by the 
                Center.
                    (b) The Archivist shall conduct a systematic 
                declassification review program for classified records:

(1) accessioned into the National Archives; (2) transferred to the 
Archivist pursuant to 44 U.S.C. 2203; and (3) for which the National 
Archives serves as the custodian for an agency or organization that has 
gone out of existence.

                Sec. 3.5. Mandatory Declassification Review.

                    (a) Except as provided in paragraph (b) of this 
                section, all information classified under this order or 
                predecessor orders shall be subject to a review for 
                declassification by the originating agency if:

[[Page 718]]

(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 document or material containing the information responsive to the 
request is not contained within an operational file exempted from search 
and review, publication, and disclosure under 5 U.S.C. 552 in accordance 
with law; and

(3) the information is not the subject of pending litigation.

                    (b) Information originated by the incumbent 
                President or the incumbent Vice President; the 
                incumbent President's White House Staff or the 
                incumbent Vice President's Staff; committees, 
                commissions, or boards appointed by the incumbent 
                President; or 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 and Vice Presidents under the control of the 
                Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, 
                or 2203. 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 Panel. 
                The information shall remain classified pending a 
                prompt decision on the appeal.
                    (c) Agencies conducting a mandatory review for 
                declassification shall declassify information that no 
                longer meets the standards for classification under 
                this order. They shall release this information unless 
                withholding is otherwise authorized and warranted under 
                applicable law.
                    (d) If an agency has reviewed the requested 
                information for declassification within the past 2 
                years, the agency need not conduct another review and 
                may instead inform the requester of this fact and the 
                prior review decision and advise the requester of 
                appeal rights provided under subsection (e) of this 
                section.
                    (e) 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.
                    (f) After consultation with affected agencies, the 
                Secretary of Defense shall develop special procedures 
                for the review of cryptologic information; the Director 
                of National Intelligence shall develop special 
                procedures for the review of information pertaining to 
                intelligence sources, methods, and activities; and the 
                Archivist shall develop special procedures for the 
                review of information accessioned into the National 
                Archives.
                    (g) Documents required to be submitted for 
                prepublication review or other administrative process 
                pursuant to an approved nondisclosure agreement are not 
                covered by this section.
                    (h) This section shall not apply to any request for 
                a review made to an element of the Intelligence 
                Community that is made by a person other than an 
                individual as that term is defined by 5 U.S.C. 
                552a(a)(2), or by a foreign government entity or any 
                representative thereof.

                Sec. 3.6. Processing Requests and Reviews. 
                Notwithstanding section 4.1(i) of this order, in 
                response to a request for information under the Freedom 
                of Information Act, the Presidential Records Act, the 
                Privacy Act of 1974, or the mandatory review provisions 
                of this order:

[[Page 719]]

                    (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 classified 
                information that originated with other agencies or the 
                disclosure of which would affect the interests or 
                activities of other agencies with respect to the 
                classified information, or identifies such documents in 
                the process of implementing sections 3.3 or 3.4 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.
                    (c) Agencies may extend the classification of 
                information in records determined not to have permanent 
                historical value or nonrecord materials, including 
                artifacts, beyond the time frames established in 
                sections 1.5(b) and 2.2(f) of this order, provided:

(1) the specific information has been approved pursuant to section 3.3(j) 
of this order for exemption from automatic declassification; and

(2) the extension does not exceed the date established in section 3.3(j) of 
this order.

                Sec. 3.7. National Declassification Center. (a) There 
                is established within the National Archives a National 
                Declassification Center to streamline declassification 
                processes, facilitate quality-assurance measures, and 
                implement standardized training regarding the 
                declassification of records determined to have 
                permanent historical value. There shall be a Director 
                of the Center who shall be appointed or removed by the 
                Archivist in consultation with the Secretaries of 
                State, Defense, Energy, and Homeland Security, the 
                Attorney General, and the Director of National 
                Intelligence.

                    (b) Under the administration of the Director, the 
                Center shall coordinate:

(1) timely and appropriate processing of referrals in accordance with 
section 3.3(d)(3) of this order for accessioned Federal records and 
transferred presidential records.

(2) general interagency declassification activities necessary to fulfill 
the requirements of sections 3.3 and 3.4 of this order;

(3) the exchange among agencies of detailed declassification guidance to 
enable the referral of records in accordance with section 3.3(d)(3) of this 
order;

(4) the development of effective, transparent, and standard 
declassification work processes, training, and quality assurance measures;

(5) the development of solutions to declassification challenges posed by 
electronic records, special media, and emerging technologies;

(6) the linkage and effective utilization of existing agency databases and 
the use of new technologies to document and make public declassification 
review decisions and support declassification activities under the purview 
of the Center; and

(7) storage and related services, on a reimbursable basis, for Federal 
records containing classified national security information.

                    (c) Agency heads shall fully cooperate with the 
                Archivist in the activities of the Center and shall:

(1) provide the Director with adequate and current declassification 
guidance to enable the referral of records in accordance with section 
3.3(d)(3) of this order; and

(2) upon request of the Archivist, assign agency personnel to the Center 
who shall be delegated authority by the agency head to review and exempt

[[Page 720]]

or declassify information originated by their agency contained in records 
accessioned into the National Archives, after consultation with subject-
matter experts as necessary.

                    (d) The Archivist, in consultation with 
                representatives of the participants in the Center and 
                after input from the general public, shall develop 
                priorities for declassification activities under the 
                purview of the Center that take into account the degree 
                of researcher interest and the likelihood of 
                declassification.
                    (e) Agency heads may establish such centralized 
                facilities and internal operations to conduct internal 
                declassification reviews as appropriate to achieve 
                optimized records management and declassification 
                business processes. Once established, all referral 
                processing of accessioned records shall take place at 
                the Center, and such agency facilities and operations 
                shall be coordinated with the Center to ensure the 
                maximum degree of consistency in policies and 
                procedures that relate to records determined to have 
                permanent historical value.
                    (f) Agency heads may exempt from automatic 
                declassification or continue the classification of 
                their own originally classified information under 
                section 3.3(a) of this order except that in the case of 
                the Director of National Intelligence, the Director 
                shall also retain such authority with respect to the 
                Intelligence Community.
                    (g) The Archivist shall, in consultation with the 
                Secretaries of State, Defense, Energy, and Homeland 
                Security, the Attorney General, the Director of 
                National Intelligence, the Director of the Central 
                Intelligence Agency, and the Director of the 
                Information Security Oversight Office, provide the 
                National Security Advisor with a detailed concept of 
                operations for the Center and a proposed implementing 
                directive under section 5.1 of this order that reflects 
                the coordinated views of the aforementioned agencies.

                PART 4--SAFEGUARDING 

                Sec. 4.1. General Restrictions on Access.

                    (a) A person may have access to classified 
                information provided that:

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

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

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

                    (b) Every person who has met the standards for 
                access to classified information in paragraph (a) of 
                this section shall receive contemporaneous training on 
                the proper safeguarding of classified information and 
                on the criminal, civil, and administrative sanctions 
                that may be imposed on an individual who fails to 
                protect classified information from unauthorized 
                disclosure.
                    (c) An official or employee leaving agency service 
                may not remove classified information from the agency's 
                control or direct that information be declassified in 
                order to remove it from agency 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, executive orders, 
                directives, and regulations, an agency head or senior 
                agency official or, with respect to the Intelligence 
                Community, the Director of National Intelligence, 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:

(1) prevent access by unauthorized persons;

(2) ensure the integrity of the information; and

[[Page 721]]

(3) to the maximum extent practicable, use:

  (A) common information technology standards, protocols, and interfaces 
that maximize the availability of, and access to, the information in a form 
and manner that facilitates its a