
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[3193(a)]]
[Document affected by Public Law 106-398 Section 1[1075(c),]
[Document affected by Public Law 106-398 Section 1[3193(b)]]
[Document affected by Public Law 106-567 Section 701-710]
[CITE: 50USC435]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
             SUBCHAPTER VI--ACCESS TO CLASSIFIED INFORMATION
 
Sec. 435. Procedures

    (a) Not later than 180 days after October 14, 1994, the President 
shall, by Executive order or regulation, establish procedures to govern 
access to classified information which shall be binding upon all 
departments, agencies, and offices of the executive branch of 
Government. Such procedures shall, at a minimum--
        (1) provide that, except as may be permitted by the President, 
    no employee in the executive branch of Government may be given 
    access to classified information by any department, agency, or 
    office of the executive branch of Government unless, based upon an 
    appropriate background investigation, such access is determined to 
    be clearly consistent with the national security interests of the 
    United States;
        (2) establish uniform minimum requirements governing the scope 
    and frequency of background investigations and reinvestigations for 
    all employees in the executive branch of Government who require 
    access to classified information as part of their official 
    responsibilities;
        (3) provide that all employees in the executive branch of 
    Government who require access to classified information shall be 
    required as a condition of such access to provide to the employing 
    department or agency written consent which permits access by an 
    authorized investigative agency to relevant financial records, other 
    financial information, consumer reports, travel records, and 
    computers used in the performance of Government duties, as 
    determined by the President, in accordance with section 436 of this 
    title, during the period of access to classified information and for 
    a period of three years thereafter;
        (4) provide that all employees in the executive branch of 
    Government who require access to particularly sensitive classified 
    information, as determined by the President, shall be required, as a 
    condition of maintaining access to such information, to submit to 
    the employing department or agency, during the period of such 
    access, relevant information concerning their financial condition 
    and foreign travel, as determined by the President, as may be 
    necessary to ensure appropriate security; and
        (5) establish uniform minimum standards to ensure that employees 
    in the executive branch of Government whose access to classified 
    information is being denied or terminated under this subchapter are 
    appropriately advised of the reasons for such denial or termination 
    and are provided an adequate opportunity to respond to all adverse 
    information which forms the basis for such denial or termination 
    before final action by the department or agency concerned.

    (b)(1) Subsection (a) of this section shall not be deemed to limit 
or affect the responsibility and power of an agency head pursuant to 
other law or Executive order to deny or terminate access to classified 
information if the national security so requires. Such responsibility 
and power may be exercised only when the agency head determines that the 
procedures prescribed by subsection (a) of this section cannot be 
invoked in a manner that is consistent with the national security.
    (2) Upon the exercise of such responsibility, the agency head shall 
submit a report to the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of the 
Senate.

(July 26, 1947, ch. 343, title VIII, Sec. 801, as added Pub. L. 103-359, 
title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3435; amended Pub. L. 
106-120, title III, Sec. 305(a), Dec. 3, 1999, 113 Stat. 1611.)


                               Amendments

    1999--Subsec. (a)(3). Pub. L. 106-120 substituted ``travel records, 
and computers used in the performance of Government duties'' for ``and 
travel records''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-120, title III, Sec. 305(c), Dec. 3, 1999, 113 Stat. 
1612, provided that: ``The President shall modify the procedures 
required by section 801(a)(3) of the National Security Act of 1947 [50 
U.S.C. 435(a)(3)] to take into account the amendment to that section 
made by subsection (a) of this section not later than 90 days after the 
date of the enactment of this Act [Dec. 3, 1999].''


                             Effective Date

    Section 802(c) of Pub. L. 103-359 provided that: ``The amendments 
made by subsections (a) and (b) [enacting this subchapter] shall take 
effect 180 days after the date of enactment of this Act [Oct. 14, 
1994].''


   Certification and Report Related to Automatic Declassification of 
                      Department of Defense Records

    Pub. L. 106-65, div. A, title X, Sec. 1041(c), (d), Oct. 5, 1999, 
113 Stat. 758, provided that:
    ``(c) Certification Required With Respect To Automatic 
Declassification of Records.--No records of the Department of Defense 
that have not been reviewed for declassification shall be subject to 
automatic declassification unless the Secretary of Defense certifies to 
Congress that such declassification would not harm the national 
security.
    ``(d) Report on Automatic Declassification of Department of Defense 
Records.--Not later than February 1, 2001, the Secretary of Defense 
shall submit to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the Senate a 
report on the efforts of the Department of Defense relating to the 
declassification of classified records under the control of the 
Department of Defense. Such report shall include the following:
        ``(1) An assessment of whether the Department will be able to 
    review all relevant records for declassification before any date 
    established for automatic declassification.
        ``(2) An estimate of the cost of reviewing records to meet any 
    requirement to review all relevant records for declassification by a 
    date established for automatic declassification.
        ``(3) An estimate of the number of records, if any, that the 
    Department will be unable to review for declassification before any 
    such date and the affect [sic] on national security of the automatic 
    declassification of those records.
        ``(4) An estimate of the length of time by which any such date 
    would need to be extended to avoid the automatic declassification of 
    records that have not yet been reviewed as of such date.''


Supplement to Plan for Declassification of Restricted Data and Formerly 
                             Restricted Data

    Pub. L. 106-65, div. C, title XXXI, Sec. 3149, Oct. 5, 1999, 113 
Stat. 938, provided that:
    ``(a) Supplement to Plan.--The Secretary of Energy and the Archivist 
of the United States shall, after consultation with the members of the 
National Security Council and in consultation with the Secretary of 
Defense and the heads of other appropriate Federal agencies, develop a 
supplement to the plan required under subsection (a) of section 3161 of 
the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2260 [2259]; 50 U.S.C. 435 note).
    ``(b) Contents of Supplement.--The supplement shall provide for the 
application of that plan (including in particular the element of the 
plan required by section 3161(b)(1) of that Act) to all records subject 
to Executive Order No. 12958 [set out below] that were determined before 
the date of the enactment of that Act [Oct. 17, 1998] to be suitable for 
declassification.
    ``(c) Limitation on Declassification of Records.--All records 
referred to in subsection (b) shall be treated, for purposes of section 
3161(c) of that Act, in the same manner as records referred to in 
section 3161(a) of that Act.
    ``(d) Submission of Supplement.--The Secretary of Energy shall 
submit the supplement required under subsection (a) to the recipients of 
the plan referred to in section 3161(d) of that Act.''


   Identification in Budget Materials of Amounts for Declassification 
      Activities and Limitation on Expenditures for Such Activities

    Pub. L. 106-65, div. C, title XXXI, Sec. 3173, Oct. 5, 1999, 113 
Stat. 949, provided that:
    ``(a) Amounts for Declassification of Records.--The Secretary of 
Energy shall include in the budget justification materials submitted to 
Congress in support of the Department of Energy budget for any fiscal 
year (as submitted with the budget of the President under section 
1105(a) of title 31, United States Code) specific identification, as a 
budgetary line item, of the amounts required to carry out programmed 
activities during that fiscal year to declassify records pursuant to 
Executive Order No. 12958 (50 U.S.C. 435 note), or any successor 
Executive order, or to comply with any statutory requirement to 
declassify Government records.
    ``(b) Certification Required With Respect To Automatic 
Declassification of Records.--No records of the Department of Energy 
that have not as of the date of the enactment of this Act [Oct. 5, 1999] 
been reviewed for declassification shall be subject to automatic 
declassification unless the Secretary of Energy certifies to Congress 
that such declassification would not harm the national security.
    ``(c) Report on Automatic Declassification of Department of Energy 
Records.--Not later than February 1, 2001, the Secretary of Energy shall 
submit to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the Senate a 
report on the efforts of the Department of Energy relating to the 
declassification of classified records under the control of the 
Department of Energy. Such report shall include the following:
        ``(1) An assessment of whether the Department will be able to 
    review all relevant records for declassification before any date 
    established for automatic declassification.
        ``(2) An estimate of the number of records, if any, that the 
    Department will be unable to review for declassification before any 
    such date and the effect on national security of the automatic 
    declassification of those records.
        ``(3) An estimate of the length of time by which any such date 
    would need to be extended to avoid the automatic declassification of 
    records that have not yet been reviewed as of such date.''


 Protection Against Inadvertent Release of Restricted Data and Formerly 
                             Restricted Data

    Pub. L. 105-261, div. C, title XXXI, Sec. 3161, Oct. 17, 1998, 112 
Stat. 2259, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(3), 
Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(a) Plan for Protection Against Release.--The Secretary of Energy 
and the Archivist of the United States shall, after consultation with 
the members of the National Security Council and in consultation with 
the Secretary of Defense and the heads of other appropriate Federal 
agencies, develop a plan to prevent the inadvertent release of records 
containing Restricted Data or Formerly Restricted Data during the 
automatic declassification of records under Executive Order No. 12958 
(50 U.S.C. 435 note).
    ``(b) Plan Elements.--The plan under subsection (a) shall include 
the following:
        ``(1) The actions to be taken in order to ensure that records 
    subject to Executive Order No. 12958 are reviewed on a page-by-page 
    basis for Restricted Data and Formerly Restricted Data unless they 
    have been determined to be highly unlikely to contain Restricted 
    Data or Formerly Restricted Data.
        ``(2) The criteria and process by which documents are determined 
    to be highly unlikely to contain Restricted Data or Formerly 
    Restricted Data.
        ``(3) The actions to be taken in order to ensure proper 
    training, supervision, and evaluation of personnel engaged in 
    declassification under that Executive order so that such personnel 
    recognize Restricted Data and Formerly Restricted Data.
        ``(4) The extent to which automated declassification 
    technologies will be used under that Executive order to protect 
    Restricted Data and Formerly Restricted Data from inadvertent 
    release.
        ``(5) Procedures for periodic review and evaluation by the 
    Secretary of Energy, in consultation with the Director of the 
    Information Security Oversight Office of the National Archives and 
    Records Administration, of compliance by Federal agencies with the 
    plan.
        ``(6) Procedures for resolving disagreements among Federal 
    agencies regarding declassification procedures and decisions under 
    the plan.
        ``(7) The funding, personnel, and other resources required to 
    carry out the plan.
        ``(8) A timetable for implementation of the plan.
    ``(c) Limitation on Declassification of Certain Records.--(1) 
Effective on the date of the enactment of this Act [Oct. 17, 1998] and 
except as provided in paragraph (3), a record referred to in subsection 
(a) may not be declassified unless the agency having custody of the 
record reviews the record on a page-by-page basis to ensure that the 
record does not contain Restricted Data or Formerly Restricted Data.
    ``(2) Any record determined as a result of a review under paragraph 
(1) to contain Restricted Data or Formerly Restricted Data may not be 
declassified until the Secretary of Energy, in conjunction with the head 
of the agency having custody of the record, determines that the document 
is suitable for declassification.
    ``(3) After the date occurring 60 days after the submission of the 
plan required by subsection (a) to the committees referred to in 
paragraphs (1) and (2) of subsection (d), the requirement under 
paragraph (1) to review a record on a page-by-page basis shall not apply 
in the case of a record determined, under the actions specified in the 
plan pursuant to subsection (b)(1), to be a record that is highly 
unlikely to contain Restricted Data or Formerly Restricted Data.
    ``(d) Submission of Plan.--The Secretary of Energy shall submit the 
plan required under subsection (a) to the following:
        ``(1) The Committee on Armed Services of the Senate.
        ``(2) The Committee on Armed Services of the House of 
    Representatives.
        ``(3) The Assistant to the President for National Security 
    Affairs.
    ``(e) Submission of Reviews.--The Secretary of Energy shall, on a 
periodic basis, submit a summary of the results of the periodic reviews 
and evaluations specified in the plan pursuant to subsection (b)(4) to 
the committees and Assistant to the President specified in subsection 
(d).
    ``(f) Report and Notification Regarding Inadvertent Releases.--(1) 
The Secretary of Energy shall submit to the committees and Assistant to 
the President specified in subsection (d) a report on inadvertent 
releases of Restricted Data or Formerly Restricted Data under Executive 
Order No. 12958 that occurred before the date of the enactment of this 
Act.
    ``(2) Not later than 30 days after any such inadvertent release 
occurring after the date of the enactment of this Act, the Secretary of 
Energy shall notify the committees and Assistant to the President 
specified in subsection (d) of such releases.
    ``(g) Definition.--In this section, the term `Restricted Data' has 
the meaning given that term in section 11 y. of the Atomic Energy Act of 
1954 (42 U.S.C. 2014(y)).''


           Secrecy Agreements Used in Intelligence Activities

    Pub. L. 104-93, title III, Sec. 306, Jan. 6, 1996, 109 Stat. 966, 
provided that: ``Notwithstanding any other provision of law not 
specifically referencing this section, a nondisclosure policy form or 
agreement that is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may contain 
provisions appropriate to the particular activity for which such 
document is to be used. Such form or agreement shall, at a minimum--
        ``(1) require that the person will not disclose any classified 
    information received in the course of such activity unless 
    specifically authorized to do so by the United States Government; 
    and
        ``(2) provide that the form or agreement does not bar--
            ``(A) disclosures to Congress; or
            ``(B) disclosures to an authorized official of an executive 
        agency that are deemed essential to reporting a violation of 
        United States law.''


                        Voluntary Service Program

    Pub. L. 104-93, title IV, Sec. 402, Jan. 6, 1996, 109 Stat. 969, 
provided that:
    ``(a) General Authority.--The Director of Central Intelligence is 
authorized to establish and maintain a program from fiscal years 1996 
through 2001 to utilize the services contributed by not more than 50 
annuitants who serve without compensation as volunteers in aid of the 
review for declassification or downgrading of classified information by 
the Central Intelligence Agency under applicable Executive orders 
governing the classification and declassification of national security 
information and Public Law 102-526 [44 U.S.C. 2107 note].
    ``(b) Costs Incidental to Services.--The Director is authorized to 
use sums made available to the Central Intelligence Agency by 
appropriations or otherwise for paying the costs incidental to the 
utilization of services contributed by individuals under subsection (a). 
Such costs may include (but need not be limited to) training, 
transportation, lodging, subsistence, equipment, and supplies. The 
Director may authorize either direct procurement of equipment, supplies, 
and services, or reimbursement for expenses, incidental to the effective 
use of volunteers. Such expenses or services shall be in accordance with 
volunteer agreements made with such individuals. Sums made available for 
such costs may not exceed $100,000.
    ``(c) Application of Certain Provisions of Law.--A volunteer under 
this section shall be considered to be a Federal employee for the 
purposes of subchapter I of title [chapter] 81 [of title 5] (relating to 
compensation of Federal employees for work injuries) and section 1346(b) 
and chapter 171 of title 28 (relating to tort claims). A volunteer under 
this section shall be covered by and subject to the provisions of 
chapter 11 of title 18 of the United States Code as if they were 
employees or special Government employees depending upon the days of 
expected service at the time they begin volunteering.''


        Commission on Protecting and Reducing Government Secrecy

    Pub. L. 103-236, title IX, Apr. 30, 1994, 108 Stat. 525, provided 
that:
``SEC. 901. SHORT TITLE.
    ``This title may be cited as the `Protection and Reduction of 
Government Secrecy Act'.
``SEC. 902. FINDINGS.
    ``The Congress makes the following findings:
        ``(1) During the Cold War an extensive secrecy system developed 
    which limited public access to information and reduced the ability 
    of the public to participate with full knowledge in the process of 
    governmental decisionmaking.
        ``(2) In 1992 alone 6,349,532 documents were classified and 
    approximately three million persons held some form of security 
    clearance.
        ``(3) The burden of managing more than 6 million newly 
    classified documents every year has led to tremendous administrative 
    expense, reduced communication within the government and within the 
    scientific community, reduced communication between the government 
    and the people of the United States, and the selective and 
    unauthorized public disclosure of classified information.
        ``(4) It has been estimated that private businesses spend more 
    than $14 billion each year implementing government mandated 
    regulations for protecting classified information.
        ``(5) If a smaller amount of truly sensitive information were 
    classified the information could be held more securely.
        ``(6) In 1970 a Task Force organized by the Defense Science 
    Board and headed by Dr. Frederick Seitz concluded that `more might 
    be gained than lost if our Nation were to adopt--unilaterally, if 
    necessary--a policy of complete openness in all areas of 
    information'.
        ``(7) The procedures for granting security clearances have 
    themselves become an expensive and inefficient part of the secrecy 
    system and should be closely examined.
        ``(8) A bipartisan study commission specially constituted for 
    the purpose of examining the consequences of the secrecy system will 
    be able to offer comprehensive proposals for reform.
``SEC. 903. PURPOSE.
    ``It is the purpose of this title to establish for a two-year period 
a Commission on Protecting and Reducing Government Secrecy--
        ``(1) to examine the implications of the extensive 
    classification of information and to make recommendations to reduce 
    the volume of information classified and thereby to strengthen the 
    protection of legitimately classified information; and
        ``(2) to examine and make recommendations concerning current 
    procedures relating to the granting of security clearances.
``SEC. 904. COMPOSITION OF THE COMMISSION.
    ``(a) Establishment.--To carry out the purpose of this title, there 
is established a Commission on Protecting and Reducing Government 
Secrecy (in this title referred to as the `Commission').
    ``(b) Composition.--The Commission shall be composed of twelve 
members, as follows:
        ``(1) Four members appointed by the President, of whom two shall 
    be appointed from the executive branch of the Government and two 
    shall be appointed from private life.
        ``(2) Two members appointed by the Majority Leader of the 
    Senate, of whom one shall be a Member of the Senate and one shall be 
    appointed from private life.
        ``(3) Two members appointed by the Minority Leader of the 
    Senate, of whom one shall be a Member of the Senate and one shall be 
    appointed from private life.
        ``(4) Two members appointed by the Speaker of the House of 
    Representatives, of whom one shall be a Member of the House and one 
    shall be appointed from private life.
        ``(5) Two members appointed by the Minority Leader of the House 
    of Representatives, of whom one shall be a Member of the House and 
    one shall be appointed from private life.
    ``(c) Chairman.--The Commission shall elect a Chairman from among 
its members.
    ``(d) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chairman or a majority of its members. 
Seven members of the Commission shall constitute a quorum. Any vacancy 
in the Commission shall not affect its powers but shall be filled in the 
same manner in which the original appointment was made.
    ``(e) Appointment of Members; Initial Meeting.--(1) It is the sense 
of the Congress that members of the Commission should be appointed not 
later than 60 days after the date of enactment of this title [Apr. 30, 
1994].
    ``(2) If after 60 days from the date of enactment of this Act seven 
or more members of the Commission have been appointed, those members who 
have been appointed may meet and select a Chairman who thereafter shall 
have authority to begin the operations of the Commission, including the 
hiring of staff.
``SEC. 905. FUNCTIONS OF THE COMMISSION.
    ``The functions of the Commission shall be--
        ``(1) to conduct, for a period of 2 years from the date of its 
    first meeting, an investigation into all matters in any way related 
    to any legislation, executive order, regulation, practice, or 
    procedure relating to classified information or granting security 
    clearances; and
        ``(2) to submit to the Congress a final report containing such 
    recommendations concerning the classification of national security 
    information and the granting of security clearances as the 
    Commission shall determine, including proposing new procedures, 
    rules, regulations, or legislation.
``SEC. 906. POWERS OF THE COMMISSION.
    ``(a) In General.--(1) The Commission or, on the authorization of 
the Commission, any subcommittee or member thereof, may, for the purpose 
of carrying out the provisions of this title--
        ``(A) hold such hearings and sit and act at such times and 
    places, take such testimony, receive such evidence, administer such 
    oaths, and
        ``(B) require, by subpoena or otherwise, the attendance and 
    testimony of such witnesses and the production of such books, 
    records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or designated member 
may deem advisable.
    ``(2) Subpoenas issued under paragraph (1)(B) may be issued under 
the signature of the Chairman of the Commission, the chairman of any 
designated subcommittee, or any designated member, and may be served by 
any person designated by such Chairman, subcommittee chairman, or 
member. The provisions of sections 102 through 104 of the Revised 
Statutes of the United States (2 U.S.C. 192-194) shall apply in the case 
of any failure of any witness to comply with any subpoena or to testify 
when summoned under authority of this section.
    ``(b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
    ``(c) Information From Federal Agencies.--The Commission is 
authorized to secure directly from any executive department, bureau, 
agency, board, commission, office, independent establishment, or 
instrumentality of the Government information, suggestions, estimates, 
and statistics for the purposes of this title. Each such department, 
bureau, agency, board, commission, office, establishment, or 
instrumentality shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics directly to the 
Commission, upon request made by the Chairman.
    ``(d) Assistance From Federal Agencies.--(1) The Secretary of State 
is authorized on a reimbursable or non-reimbursable basis to provide the 
Commission with administrative services, funds, facilities, staff, and 
other support services for the performance of the Commission's 
functions.
    ``(2) The Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative support services 
as the Commission may request.
    ``(3) In addition to the assistance set forth in paragraphs (1) and 
(2), departments and agencies of the United States are authorized to 
provide to the Commission such services, funds, facilities, staff, and 
other support services as they may deem advisable and as may be 
authorized by law.
    ``(e) Gifts.--The Commission may accept, use, and dispose of gifts 
or donations of services or property.
    ``(f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
``SEC. 907. STAFF OF THE COMMISSION.
    ``(a) In General.--The Chairman, in accordance with rules agreed 
upon by the Commission, may appoint and fix the compensation of a staff 
director and such other personnel as may be necessary to enable the 
Commission to carry out its functions, without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the equivalent of that 
payable to a person occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code. Any Federal 
Government employee may be detailed to the Commission without 
reimbursement from the Commission, and such detailee shall retain the 
rights, status, and privileges of his or her regular employment without 
interruption.
    ``(b) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
``SEC. 908. COMPENSATION AND TRAVEL EXPENSES.
    ``(a) Compensation.--(1) Except as provided in paragraph (2), each 
member of the Commission may be compensated at not to exceed the daily 
equivalent of the annual rate of basic pay in effect for a position at 
level IV of the Executive Schedule under section 5315 of title 5, United 
States Code, for each day during which that member is engaged in the 
actual performance of the duties of the Commission.
    ``(2) Members of the Commission who are officers or employees of the 
United States or Members of Congress shall receive no additional pay on 
account of their service on the Commission.
    ``(b) Travel Expenses.--While away from their homes or regular 
places of business in the performance of services for the Commission, 
members of the Commission shall be allowed travel expenses, including 
per diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.
``SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
    ``The appropriate executive departments and agencies shall cooperate 
with the Commission in expeditiously providing to the Commission members 
and staff appropriate security clearances in a manner consistent with 
existing procedures and requirements, except that no person shall be 
provided with access to classified information pursuant to this section 
who would not otherwise qualify for such security clearance.
``SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION.
    ``(a) Final Report.--Not later than two years after the date of the 
first meeting of the Commission, the Commission shall submit to the 
Congress its final report, as described in section 905(2).
    ``(b) Termination.--(1) The Commission, and all the authorities of 
this title, shall terminate on the date which is 60 days after the date 
on which a final report is required to be transmitted under subsection 
(a).
    ``(2) The Commission may use the 60-day period referred to in 
paragraph (1) for the purpose of concluding its activities, including 
providing testimony to committees of Congress concerning its final 
report and disseminating that report.''


Reports Relating to Certain Special Access Programs and Similar Programs

    Pub. L. 103-160, div. A, title XI, Sec. 1152, Nov. 30, 1993, 107 
Stat. 1758, as amended by Pub. L. 106-65, div. C, title XXXII, 
Sec. 3294(e)(2), Oct. 5, 1999, 113 Stat. 970, provided that:
    ``(a) In General.--(1) Not later than February 1 of each year, the 
head of each covered department or agency shall submit to Congress a 
report on each special access program carried out in the department or 
agency.
    ``(2) Each such report shall set forth--
        ``(A) the total amount requested by the department or agency for 
    special access programs within the budget submitted under section 
    1105 of title 31, United States Code, for the fiscal year following 
    the fiscal year in which the report is submitted; and
        ``(B) for each program in such budget that is a special access 
    program--
            ``(i) a brief description of the program;
            ``(ii) in the case of a procurement program, a brief 
        discussion of the major milestones established for the program;
            ``(iii) the actual cost of the program for each fiscal year 
        during which the program has been conducted before the fiscal 
        year during which that budget is submitted; and
            ``(iv) the estimated total cost of the program and the 
        estimated cost of the program for (I) the current fiscal year, 
        (II) the fiscal year for which the budget is submitted, and 
        (III) each of the four succeeding fiscal years during which the 
        program is expected to be conducted.
    ``(b) Newly Designated Programs.--(1) Not later than February 1 of 
each year, the head of each covered department or agency shall submit to 
Congress a report that, with respect to each new special access program 
of that department or agency, provides--
        ``(A) notice of the designation of the program as a special 
    access program; and
        ``(B) justification for such designation.
    ``(2) A report under paragraph (1) with respect to a program shall 
include--
        ``(A) the current estimate of the total program cost for the 
    program; and
        ``(B) an identification, as applicable, of existing programs or 
    technologies that are similar to the technology, or that have a 
    mission similar to the technology, or that have a mission similar to 
    the mission, of the program that is the subject of the notice.
    ``(3) In this subsection, the term `new special access program' 
means a special access program that has not previously been covered in a 
notice and justification under this subsection.
    ``(c) Revision in Classification of Programs.--(1) Whenever a change 
in the classification of a special access program of a covered 
department or agency is planned to be made or whenever classified 
information concerning a special access program of a covered department 
or agency is to be declassified and made public, the head of the 
department or agency shall submit to Congress a report containing a 
description of the proposed change or the information to be 
declassified, the reasons for the proposed change or declassification, 
and notice of any public announcement planned to be made with respect to 
the proposed change or declassification.
    ``(2) Except as provided in paragraph (3), a report referred to in 
paragraph (1) shall be submitted not less than 14 days before the date 
on which the proposed change, declassification, or public announcement 
is to occur.
    ``(3) If the head of the department or agency determines that 
because of exceptional circumstances the requirement of paragraph (2) 
cannot be met with respect to a proposed change, declassification, or 
public announcement concerning a special access program of the 
department or agency, the head of the department or agency may submit 
the report required by paragraph (1) regarding the proposed change, 
declassification, or public announcement at any time before the proposed 
change, declassification, or public announcement is made and shall 
include in the report an explanation of the exceptional circumstances.
    ``(d) Revision of Criteria for Designating Programs.--Whenever there 
is a modification or termination of the policy and criteria used for 
designating a program of a covered department or agency as a special 
access program, the head of the department or agency shall promptly 
notify Congress of such modification or termination. Any such 
notification shall contain the reasons for the modification or 
termination and, in the case of a modification, the provisions of the 
policy as modified.
    ``(e) Waiver of Reporting Requirement.--(1) The head of a covered 
department or agency may waive any requirement under subsection (a), 
(b), or (c) that certain information be included in a report under that 
subsection if the head of the department or agency determines that 
inclusion of that information in the report would adversely affect the 
national security. Any such waiver shall be made on a case-by-case 
basis.
    ``(2) If the head of a department or agency exercises the authority 
provided under paragraph (1), the head of the department or agency shall 
provide the information described in that subsection with respect to the 
special access program concerned, and the justification for the waiver, 
to Congress.
    ``(f) Initiation of Programs.--A special access program may not be 
initiated by a covered department or agency until--
        ``(1) the appropriate oversight committees are notified of the 
    program; and
        ``(2) a period of 30 days elapses after such notification is 
    received.
    ``(g) Definitions.--For purposes of this section:
        ``(1) Covered department or agency.--(A) Except as provided in 
    subparagraph (B), the term `covered department or agency' means any 
    department or agency of the Federal Government that carries out a 
    special access program.
        ``(B) Such term does not include--
            ``(i) the Department of Defense (which is required to submit 
        reports on special access programs under section 119 of title 
        10, United States Code);
            ``(ii) the National Nuclear Security Administration (which 
        is required to submit reports on special access programs under 
        section 3236 of the National Nuclear Security Administration Act 
        [50 U.S.C. 2426]); or
            ``(iii) an agency in the Intelligence Community (as defined 
        in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a)).
        ``(2) Special access program.--The term `special access program' 
    means any program that, under the authority of Executive Order 12356 
    [formerly set out below] (or any successor Executive order), is 
    established by the head of a department or agency whom the President 
    has designated in the Federal Register as an original `secret' or 
    `top secret' classification authority that imposes `need-to-know' 
    controls or access controls beyond those controls normally required 
    (by regulations applicable to such department or agency) for access 
    to information classified as `confidential', `secret', or `top 
    secret'.''


   Disclosure of Information Concerning Unaccounted for United States 
         Personnel of Cold War, Korean Conflict, and Vietnam Era

    Pub. L. 102-190, div. A, title X, Sec. 1082, Dec. 5, 1991, 105 Stat. 
1480, as amended by Pub. L. 103-337, div. A, title X, Sec. 1036, Oct. 5, 
1994, 108 Stat. 2841; Pub. L. 104-106, div. A, title X, Sec. 1085, Feb. 
10, 1996, 110 Stat. 457, provided that:
    ``(a) Public Availability of Information.--(1) Except as provided in 
subsection (b), the Secretary of Defense shall, with respect to any 
information referred to in paragraph (2), place the information in a 
suitable library-like location within a facility within the National 
Capital region for public review and photocopying.
    ``(2) Paragraph (1) applies to any record, live-sighting report, or 
other information in the custody of the official custodian referred to 
in subsection (d)(3) that may pertain to the location, treatment, or 
condition of (A) United States personnel who remain not accounted for as 
a result of service in the Armed Forces or other Federal Government 
service during the Korean conflict, the Vietnam era, or the Cold War, or 
(B) their remains.
    ``(b) Exceptions.--(1) The Secretary of Defense may not make a 
record or other information available to the public pursuant to 
subsection (a) if--
        ``(A) the record or other information is exempt from the 
    disclosure requirements of section 552 of title 5, United States 
    Code, by reason of subsection (b) of that section; or
        ``(B) the record or other information is in a system of records 
    exempt from the requirements of subsection (d) of section 552a of 
    such title pursuant to subsection (j) or (k) of that section.
    ``(2) The Secretary of Defense may not make a record or other 
information available to the public pursuant to subsection (a) if the 
record or other information specifically mentions a person by name 
unless--
        ``(A) in the case of a person who is alive (and not 
    incapacitated) and whose whereabouts are known, that person 
    expressly consents in writing to the disclosure of the record or 
    other information; or
        ``(B) in the case of a person who is dead or incapacitated or 
    whose whereabouts are unknown, a family member or family members of 
    that person determined by the Secretary of Defense to be appropriate 
    for such purpose expressly consent in writing to the disclosure of 
    the record or other information.
    ``(3)(A) The limitation on disclosure in paragraph (2) does not 
apply in the case of a person who is dead or incapacitated or whose 
whereabouts are unknown if the family member or members of that person 
determined pursuant to subparagraph (B) of that paragraph cannot be 
located by the Secretary of Defense--
        ``(i) in the case of a person missing from the Vietnam era, 
    after a reasonable effort; and
        ``(ii) in the case of a person missing from the Korean Conflict 
    or Cold War, after a period of 90 days from the date on which any 
    record or other information referred to in paragraph (2) is received 
    by the Department of Defense for disclosure review from the 
    Archivist of the United States, the Library of Congress, or the 
    Joint United States-Russian Commission on POW/MIAs.
    ``(B) Paragraph (2) does not apply to the access of an adult member 
of the family of a person to any record or information to the extent 
that the record or other information relates to that person.
    ``(C) The authority of a person to consent to disclosure of a record 
or other information for the purposes of paragraph (2) may be delegated 
to another person or an organization only by means of an express legal 
power of attorney granted by the person authorized by that paragraph to 
consent to the disclosure.
    ``(c) Deadlines.--(1) In the case of records or other information 
originated by the Department of Defense, the official custodian shall 
make such records and other information available to the public pursuant 
to this section not later than January 2, 1996. Such records or other 
information shall be made available as soon as a review carried out for 
the purposes of subsection (b) is completed.
    ``(2) Whenever a department or agency of the Federal Government 
receives any record or other information referred to in subsection (a) 
that is required by this section to be made available to the public, the 
head of that department or agency shall ensure that such record or other 
information is provided to the Secretary of Defense, and the Secretary 
shall make such record or other information available in accordance with 
subsection (a) as soon as possible and, in any event, not later than one 
year after the date on which the record or information is received by 
the department or agency of the Federal Government.
    ``(3) If the Secretary of Defense determines that the disclosure of 
any record or other information referred to in subsection (a) by the 
date required by paragraph (1) or (2) may compromise the safety of any 
United States personnel referred to in subsection (a)(2) who remain not 
accounted for but who may still be alive in captivity, then the 
Secretary may withhold that record or other information from the 
disclosure otherwise required by this section. Whenever the Secretary 
makes a determination under the preceding sentence, the Secretary shall 
immediately notify the President and the Congress of that determination.
    ``(d) Definitions.--For purposes of this section:
        ``(1) The terms `Korean conflict' and `Vietnam era' have the 
    meanings given those terms in section 101 of title 38, United States 
    Code.
        ``(2) The term `Cold War' means the period from the end of World 
    War II to the beginning of the Korean conflict and the period from 
    the end of the Korean conflict to the beginning of the Vietnam era.
        ``(3) The term `official custodian' means--
            ``(A) in the case of records, reports, and information 
        relating to the Korean conflict or the Cold War, the Archivist 
        of the United States; and
            ``(B) in the case of records, reports, and information 
        relating to the Vietnam era, the Secretary of Defense.''


   Disclosure of Information Concerning American Personnel Listed as 
         Prisoner, Missing, or Unaccounted for in Southeast Asia

    Pub. L. 100-453, title IV, Sec. 404, Sept. 29, 1988, 102 Stat. 1908, 
provided that:
    ``(a) This section is enacted to ensure that current disclosure 
policy is incorporated into law.
    ``(b) Except as provided in subsection (c), the head of each 
department or agency--
        ``(1) with respect to which funds are authorized under this Act 
    [see Tables for classification], and
        ``(2) which holds or receives live sighting reports of any 
    United States citizen reported missing in action, prisoner of war, 
    or unaccounted for from the Vietnam Conflict,
shall make available to the next-of-kin of that United States citizen 
all reports, or portions thereof, held by that department or agency 
which have been correlated or possibly correlated to that citizen.
    ``(c) Subsection (b) does not apply with respect to--
        ``(1) information that would reveal or compromise sources and 
    methods of intelligence collection; or
        ``(2) specific information that previously has been made 
    available to the next-of-kin.
    ``(d) The head of each department or agency covered by subsection 
(a) shall make information available under this section in a timely 
manner.''

                        Executive Order No. 10501

    Ex. Ord. No. 10501, Nov. 5, 1953, 18 F.R. 7049, as amended by Ex. 
Ord. No. 10816, May 7, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan. 9, 
1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R. 8932; Ex. 
Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439; Ex. Ord. No. 11097, Feb. 28, 
1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, 
which related to safeguarding official information, was superseded by 
Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, formerly set out below.

 Ex. Ord. No. 10865. Safeguarding Classified Information Within Industry

    Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended by Ex. 
Ord. No. 10909, Jan. 17, 1961, 26 F.R. 508; Ex. Ord. No. 11382, Nov. 28, 
1967, 32 F.R. 16247; Ex. Ord. No. 12829, Sec. 203(g), Jan. 6, 1993, 58 
F.R. 3479, provided:
    WHEREAS it is mandatory that the United States protect itself 
against hostile or destructive activities by preventing unauthorized 
disclosures of classified information relating to the national defense; 
and
    WHEREAS it is a fundamental principle of our Government to protect 
the interests of individuals against unreasonable or unwarranted 
encroachment; and
    WHEREAS I find that the provisions and procedures prescribed by this 
order are necessary to assure the preservation of the integrity of 
classified defense information and to protect the national interest; and
    WHEREAS I find that those provisions and procedures recognize the 
interest of individuals affected thereby and provide maximum possible 
safeguards to protect such interests:
    NOW, THEREFORE, under and by virtue of the authority vested in me by 
the Constitution and statutes of the United States, and as President of 
the United States and as Commander in Chief of the armed forces of the 
United States, it is hereby ordered as follows:
    Section 1. When used in this order, the term ``head of a 
department'' means the Secretary of State, the Secretary of Defense, the 
Secretary of Transportation, the Secretary of Energy, the Nuclear 
Regulatory Commission, the Administrator of the National Aeronautics and 
Space Administration, and, in section 4, the Attorney General. The term 
``head of a department'' also means the head of any department or 
agency, including but not limited to those referenced above with whom 
the Department of Defense makes an agreement to extend regulations 
prescribed by the Secretary of Defense concerning authorizations for 
access to classified information pursuant to Executive Order No. 12829 
[set out below].
    Sec. 2. An authorization for access to classified information 
pursuant to Executive Order No. 12829 [set out below] may be granted by 
the head of a department or his designee, including but not limited to, 
those officials named in section 8 of this order, to an individual, 
hereinafter termed an ``applicant'', for a specific classification 
category only upon a finding that it is clearly consistent with the 
national interest to do so.
    Sec. 3. Except as provided in section 9 of this order, an 
authorization for access to a specific classification category may not 
be finally denied or revoked pursuant to Executive Order No. 12829 [set 
out below] by the head of a department or his designee, including, but 
not limited to, those officials named in section 8 of this order, unless 
the applicant has been given the following:
    (1) A written statement of the reasons why his access authorization 
may be denied or revoked, which shall be as comprehensive and detailed 
as the national security permits.
    (2) A reasonable opportunity to reply in writing under oath or 
affirmation to the statement of reasons.
    (3) After he has filed under oath or affirmation a written reply to 
the statement of reasons, the form and sufficiency of which may be 
prescribed by regulations issued by the head of the department 
concerned, an opportunity to appear personally before the head of the 
department concerned or his designee including, but not limited to, 
those officials named in section 8 of this order for the purpose of 
supporting his eligibility for access authorization and to present 
evidence on his behalf.
    (4) A reasonable time to prepare for that appearance.
    (5) An opportunity to be represented by counsel.
    (6) An opportunity to cross-examine persons either orally or through 
written interrogatories in accordance with section 4 on matters not 
relating to the characterization in the statement of reasons of any 
organization or individual other than the applicant.
    (7) A written notice of the final decision in his case which, if 
adverse, shall specify whether the head of the department or his 
designee, including, but not limited to, those officials named in 
section 8 of this order, found for or against him with respect to each 
allegation in the statement of reasons.
    Sec. 4. (a) An applicant shall be afforded an opportunity to cross-
examine persons who have made oral or written statements adverse to the 
applicant relating to a controverted issue except that any such 
statement may be received and considered without affording such 
opportunity in the circumstances described in either of the following 
paragraphs:
    (1) The head of the department supplying the statement certifies 
that the person who furnished the information is a confidential 
informant who has been engaged in obtaining intelligence information for 
the Government and that disclosure of his identity would be 
substantially harmful to the national interest.
    (2) The head of the department concerned or his special designee for 
that particular purpose has preliminarily determined, after considering 
information furnished by the investigative agency involved as to the 
reliability of the person and the accuracy of the statement concerned, 
that the statement concerned appears to be reliable and material, and 
the head of the department or such special designee has determined that 
failure to receive and consider such statement would, in view of the 
level of access sought, be substantially harmful to the national 
security and that the person who furnished the information cannot appear 
to testify (A) due to death, severe illness, or similar cause, in which 
case the identity of the person and the information to be considered 
shall be made available to the applicant, or (B) due to some other cause 
determined by the head of the department to be good and sufficient.
    (b) Whenever procedures under paragraphs (1) or (2) of subsection 
(a) of this section are used (1) the applicant shall be given a summary 
of the information which shall be as comprehensive and detailed as the 
national security permits, (2) appropriate consideration shall be 
accorded to the fact that the applicant did not have an opportunity to 
cross-examine such person or persons, and (3) a final determination 
adverse to the applicant shall be made only by the head of the 
department based upon his personal review of the case.
    Sec. 5. (a) Records compiled in the regular course of business, or 
other physical evidence other than investigative reports, may be 
received and considered subject to rebuttal without authenticating 
witnesses, provided that such information has been furnished to the 
department concerned by an investigative agency pursuant to its 
responsibilities in connection with assisting the head of the department 
concerned to safeguard classified information within industry pursuant 
to this order.
    (b) Records compiled in the regular course of business, or other 
physical evidence other than investigative reports, relating to a 
controverted issue which, because they are classified, may not be 
inspected by the applicant, may be received and considered provided 
that: (1) the head of the department concerned or his special designee 
for that purpose has made a preliminary determination that such physical 
evidence appears to be material, (2) the head of the department 
concerned or such designee has made a determination that failure to 
receive and consider such physical evidence would, in view of the level 
of access sought, be substantially harmful to the national security, and 
(3) to the extent that the national security permits, a summary or 
description of such physical evidence is made available to the 
applicant. In every such case, information as to the authenticity and 
accuracy of such physical evidence furnished by the investigative agency 
involved shall be considered. In such instances a final determination 
adverse to the applicant shall be made only by the head of the 
department based upon his personal review of the case.
    Sec. 6. The head of a department of the United States or his 
representative, may issue, in appropriate cases, invitations and 
requests to appear and testify in order that the applicant may have the 
opportunity to cross-examine as provided by this order. Whenever a 
witness is so invited or requested to appear and testify at a proceeding 
and the witness is an officer or employee of the executive branch of the 
Government or a member of the armed forces of the United States, and the 
proceeding involves the activity in connection with which the witness is 
employed, travel expenses and per diem are authorized as provided by the 
Standardized Government Travel Regulations or the Joint Travel 
Regulations, as appropriate. In all other cases (including non-
Government employees as well as officers or employees of the executive 
branch of the Government or members of the armed forces of the United 
States not covered by the foregoing sentence), transportation in kind 
and reimbursement for actual expenses are authorized in an amount not to 
exceed the amount payable under Standardized Government Travel 
Regulations. An officer or employee of the executive branch of the 
Government or a member of the armed forces of the United States who is 
invited or requested to appear pursuant to this paragraph shall be 
deemed to be in the performance of his official duties. So far as the 
national security permits, the head of the investigative agency involved 
shall cooperate with the Secretary, the Administrator, or the head of 
the other department or agency, as the case may be, in identifying 
persons who have made statements adverse to the applicant and in 
assisting him in making them available for cross-examination. If a 
person so invited is an officer or employee of the executive branch of 
the government or a member of the armed forces of the United States, the 
head of the department or agency concerned shall cooperate in making 
that person available for cross-examination.
    Sec. 7. Any determination under this order adverse to an applicant 
shall be a determination in terms of the national interest and shall in 
no sense be a determination as to the loyalty of the applicant 
concerned.
    Sec. 8. Except as otherwise specified in the preceding provisions of 
this order, any authority vested in the head of a department by this 
order may be delegated to the the [sic] deputy of that department, or 
the principal assistant to the head of that department, as the case may 
be.
    Sec. 9. Nothing contained in this order shall be deemed to limit or 
affect the responsibility and powers of the head of a department to deny 
or revoke access to a specific classification category if the security 
of the nation so requires. Such authority may not be delegated and may 
be exercised only when the head of a department determines that the 
procedures prescribed in sections 3, 4, and 5 cannot be invoked 
consistently with the national security and such determination shall be 
conclusive.

                Modification of Executive Order No. 10865

    Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended, set out 
above, when referring to functions of the Atomic Energy Commission is 
modified to provide that all such functions shall be exercised by the 
Secretary of Energy and the Nuclear Regulatory Commission, see section 
4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out under 
section 7151 of Title 42, The Public Health and Welfare.

                        Executive Order No. 10985

    Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439, which amended 
Executive Order No. 10501, which related to safeguarding official 
information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 
5209, formerly set out below.

                        Executive Order No. 11097

    Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225, which amended 
Executive Order No. 10501, which related to safeguarding official 
information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 
5209, formerly set out below.

                        Executive Order No. 11652

    Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex. 
Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245; Ex. Ord. No. 11862, June 
11, 1975, 40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, 
which related to the classification and declassification of national 
security information and material, was revoked by Ex. Ord. No. 12065, 
June 28, 1978, 43 F.R. 28949, formerly set out below.

 Ex. Ord. No. 11932. Classification of Certain Information and Material 
  Obtained From Advisory Bodies Created To Implement the International 
                             Energy Program

    Ex. Ord. No. 11932, Aug. 4, 1976, 41 F.R. 32691, provided:
    The United States has entered into the Agreement on an International 
Energy Program of November 18, 1974, which created the International 
Energy Agency. This program is a substantial factor in the conduct of 
our foreign relations and an important element of our national security. 
The effectiveness of the Agreement depends significantly upon the 
provision and exchange of information and material by participants in 
advisory bodies created by the International Energy Agency. 
Confidentiality is essential to assure the free and open discussion 
necessary to accomplish the tasks assigned to those bodies. I have 
consulted with the Secretary of State, the Attorney General and the 
Administrator of the Federal Energy Administration concerning the 
handling and safeguarding of information and material in the possession 
of the United States which has been obtained pursuant to the program, 
and I find that some of such information and material requires 
protection as provided in Executive Order No. 11652 of March 8, 1972, as 
amended [formerly set out above].
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution and statutes of the United States, and as President of the 
United States, it is hereby ordered as follows:
    Section 1. Information and material obtained pursuant to the 
International Energy Program and which requires protection against 
unauthorized disclosure in the interest of the national defense or 
foreign relations of the United States shall be classified pursuant to 
Executive Order No. 11652 of March 8, 1972, as amended [formerly set out 
above]. The Secretary of State shall have the responsibility for the 
classification, declassification and safeguarding of information and 
material in the possession of the United States Government which has 
been obtained pursuant to:
    (a) Section 252(c)(3), (d)(2), or (e)(3) of the Energy Policy and 
Conservation Act (89 Stat. 871; 42 U.S.C. 6272(c)(3), (d)(2), (e)(3)), 
or
    (b) The Voluntary Agreement and Program relating to the 
International Energy Program (40 F.R. 16041, April 8, 1975), or
    (c) Any similar Voluntary Agreement and Program entered into under 
the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.] after 
the date of this Order.
    Sec. 2. Information or material classified pursuant to Section 1 of 
this Order may be exempted from the General Declassification Schedule 
established by Section 5 of Executive Order No. 11652 [formerly set out 
above] if it was obtained by the United States on the understanding that 
it be kept in confidence, or if it might otherwise be exempted under 
Section 5(B) of such Order.
    Sec. 3. (a) Within 60 days of the date of this Order, the Secretary 
of State shall promulgate regulations which implement his 
responsibilities under this Order.
    (b) The directives issued under Section 6 of Executive Order No. 
11652 [formerly set out above] shall not apply to information and 
material classified under this Order. However, the regulations 
promulgated by the Secretary of State shall:
        (1) conform, to the extent practicable, to the policies set 
    forth in Section 6 of Executive Order No. 11652 [formerly set out 
    above], and
        (2) provide that he may take such measures as he deems necessary 
    and appropriate to ensure the confidentiality of any information and 
    material classified under this Order that may remain in the custody 
    or control of any person outside the United States Government.
                                                         Gerald R. Ford.

                        Executive Order No. 12065

    Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, as amended by Ex. 
Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept. 
29, 1979, 44 F.R. 56673, which related to classification and 
declassification of national security information and material, was 
revoked by Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, 
formerly set out below.

                        Executive Order No. 12356

    Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which 
prescribed a uniform system for classifying, declassifying, and 
safeguarding national security information, was revoked by Ex. Ord. No. 
12958, Sec. 6.1(d), Apr. 17, 1995, 60 F.R. 19843, set out below.

Ex. Ord. No. 12812. Declassification and Release of Materials Pertaining 
                to Prisoners of War and Missing in Action

    Ex. Ord. No. 12812, July 22, 1992, 57 F.R. 32879, provided:
    WHEREAS, the Senate, by S. Res. 324 of July 2, 1992, has asked that 
I ``expeditiously issue an Executive order requiring all executive 
branch departments and agencies to declassify and publicly release 
without compromising United States national security all documents, 
files, and other materials pertaining to POWs and MIAs;'' and
    WHEREAS, indiscriminate release of classified material could 
jeopardize continuing United States Government efforts to achieve the 
fullest possible accounting of Vietnam-era POWs and MIAs; and
    WHEREAS, I have concluded that the public interest would be served 
by the declassification and public release of materials pertaining to 
Vietnam-era POWs and MIAs as provided below;
    NOW, THEREFORE, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, I hereby 
order as follows:
    Section 1. All executive departments and agencies shall 
expeditiously review all documents, files, and other materials 
pertaining to American POWs and MIAs lost in Southeast Asia for the 
purposes of declassification in accordance with the standards and 
procedures of Executive Order No. 12356 [formerly set out above].
    Sec. 2. All executive departments and agencies shall make publicly 
available documents, files, and other materials declassified pursuant to 
section 1, except for those the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy of returnees, family 
members of POWs and MIAs, or other persons, or would impair the 
deliberative processes of the executive branch.
    Sec. 3. This order is not intended to create any right or benefit, 
substantive or procedural, enforceable by a party against the United 
States, its agencies or instrumentalities, its officers or employees, or 
any other person.
                                                            George Bush.

        Ex. Ord. No. 12829. National Industrial Security Program

    Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479, as amended by Ex. 
Ord. No. 12885, Dec. 14, 1993, 58 F.R. 65863, provided:
    This order establishes a National Industrial Security Program to 
safeguard Federal Government classified information that is released to 
contractors, licensees, and grantees of the United States Government. To 
promote our national interests, the United States Government issues 
contracts, licenses, and grants to nongovernment organizations. When 
these arrangements require access to classified information, the 
national security requires that this information be safeguarded in a 
manner equivalent to its protection within the executive branch of 
Government. The national security also requires that our industrial 
security program promote the economic and technological interests of the 
United States. Redundant, overlapping, or unnecessary requirements 
impede those interests. Therefore, the National Industrial Security 
Program shall serve as a single, integrated, cohesive industrial 
security program to protect classified information and to preserve our 
Nation's economic and technological interests.
    Therefore, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, including the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011-2286) [42 U.S.C. 
2011 et seq.], the National Security Act of 1947, as amended (codified 
as amended in scattered sections of the United States Code) [see Short 
Title note set out under section 401 of this title], and the Federal 
Advisory Committee Act, as amended (5 U.S.C. App. 2) [5 App. U.S.C.], it 
is hereby ordered as follows:

                PART 1. ESTABLISHMENT AND POLICY

    Section 101. Establishment. (a) There is established a National 
Industrial Security Program. The purpose of this program is to safeguard 
classified information that may be released or has been released to 
current, prospective, or former contractors, licensees, or grantees of 
United States agencies. For the purposes of this order, the terms 
``contractor, licensee, or grantee'' means current, prospective, or 
former contractors, licensees, or grantees of United States agencies. 
The National Industrial Security Program shall be applicable to all 
executive branch departments and agencies.
    (b) The National Industrial Security Program shall provide for the 
protection of information classified pursuant to Executive Order No. 
12356 of April 2, 1982 [formerly set out above], or its successor, and 
the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.].
    (c) For the purposes of this order, the term ``contractor'' does not 
include individuals engaged under personal services contracts.
    Sec. 102. Policy Direction. (a) The National Security Council shall 
provide overall policy direction for the National Industrial Security 
Program.
    (b) The Director of the Information Security Oversight Office, 
established under Executive Order No. 12356 of April 2, 1982 [formerly 
set out above], shall be responsible for implementing and monitoring the 
National Industrial Security Program and shall:
    (1) develop, in consultation with the agencies, and promulgate 
subject to the approval of the National Security Council, directives for 
the implementation of this order, which shall be binding on the 
agencies;
    (2) oversee agency, contractor, licensee, and grantee actions to 
ensure compliance with this order and implementing directives;
    (3) review all agency implementing regulations, internal rules, or 
guidelines. The Director shall require any regulation, rule, or 
guideline to be changed if it is not consistent with this order or 
implementing directives. Any such decision by the Director may be 
appealed to the National Security Council. The agency regulation, rule, 
or guideline shall remain in effect pending a prompt decision on the 
appeal;
    (4) have the authority, pursuant to terms of applicable contracts, 
licenses, grants, or regulations, to conduct on-site reviews of the 
implementation of the National Industrial Security Program by each 
agency, contractor, licensee, and grantee that has access to or stores 
classified information and to require of each agency, contractor, 
licensee, and grantee those reports, information, and other cooperation 
that may be necessary to fulfill the Director's responsibilities. If 
these reports, inspections, or access to specific classified 
information, or other forms of cooperation, would pose an exceptional 
national security risk, the affected agency head or the senior official 
designated under section 203(a) of this order may request the National 
Security Council to deny access to the Director. The Director shall not 
have access pending a prompt decision by the National Security Council;
    (5) report any violations of this order or its implementing 
directives to the head of the agency or to the senior official 
designated under section 203(a) of this order so that corrective action, 
if appropriate, may be taken. Any such report pertaining to the 
implementation of the National Industrial Security Program by a 
contractor, licensee, or grantee shall be directed to the agency that is 
exercising operational oversight over the contractor, licensee, or 
grantee under section 202 of this order;
    (6) consider and take action on complaints and suggestions from 
persons within or outside the Government with respect to the 
administration of the National Industrial Security Program;
    (7) consider, in consultation with the advisory committee 
established by this order, affected agencies, contractors, licensees, 
and grantees, and recommend to the President through the National 
Security Council changes to this order; and
    (8) report at least annually to the President through the National 
Security Council on the implementation of the National Industrial 
Security Program.
    (c) Nothing in this order shall be construed to supersede the 
authority of the Secretary of Energy or the Nuclear Regulatory 
Commission under the Atomic Energy Act of 1954, as amended [42 U.S.C. 
2011 et seq.], or the authority of the Director of Central Intelligence 
under the National Security Act of 1947, as amended [see Short Title 
note set out under section 401 of this title], or Executive Order No. 
12333 of December 8, 1981 [50 U.S.C. 401 note].
    Sec. 103. National Industrial Security Program Policy Advisory 
Committee. (a) Establishment. There is established the National 
Industrial Security Program Policy Advisory Committee (``Committee''). 
The Director of the Information Security Oversight Office shall serve as 
Chairman of the Committee and appoint the members of the Committee. The 
members of the Committee shall be the representatives of those 
departments and agencies most affected by the National Industrial 
Security Program and nongovernment representatives of contractors, 
licensees, or grantees involved with classified contracts, licenses, or 
grants, as determined by the Chairman.
    (b) Functions. (1) The Committee members shall advise the Chairman 
of the Committee on all matters concerning the policies of the National 
Industrial Security Program, including recommended changes to those 
policies as reflected in this order, its implementing directives, or the 
operating manual established under this order, and serve as a forum to 
discuss policy issues in dispute.
    (2) The Committee shall meet at the request of the Chairman, but at 
least twice during the calendar year.
    (c) Administration. (1) Members of the Committee shall serve without 
compensation for their work on the Committee. However, nongovernment 
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. 5701-5707).
    (2) To the extent permitted by law and subject to the availability 
of funds, the Administrator of General Services shall provide the 
Committee with administrative services, facilities, staff, and other 
support services necessary for the performance of its functions.
    (d) General. Notwithstanding any other Executive order, the 
functions of the President under the Federal Advisory Committee Act, as 
amended [5 App. U.S.C.], except that of reporting to the Congress, which 
are applicable to the Committee, shall be performed by the Administrator 
of General Services in accordance with the guidelines and procedures 
established by the General Services Administration.

                       PART 2. OPERATIONS

    Sec. 201. National Industrial Security Program Operating Manual. (a) 
The Secretary of Defense, in consultation with all affected agencies and 
with the concurrence of the Secretary of Energy, the Nuclear Regulatory 
Commission, and the Director of Central Intelligence, shall issue and 
maintain a National Industrial Security Program Operating Manual 
(``Manual''). The Secretary of Energy and the Nuclear Regulatory 
Commission shall prescribe and issue that portion of the Manual that 
pertains to information classified under the Atomic Energy Act of 1954, 
as amended [42 U.S.C. 2011 et seq.]. The Director of Central 
Intelligence shall prescribe and issue that portion of the Manual that 
pertains to intelligence sources and methods, including Sensitive 
Compartmented Information.
    (b) The Manual shall prescribe specific requirements, restrictions, 
and other safeguards that are necessary to preclude unauthorized 
disclosure and control authorized disclosure of classified information 
to contractors, licensees, or grantees. The Manual shall apply to the 
release of classified information during all phases of the contracting 
process including bidding, negotiation, award, performance, and 
termination of contracts, the licensing process, or the grant process, 
with or under the control of departments or agencies.
    (c) The Manual shall also prescribe requirements, restrictions, and 
other safeguards that are necessary to protect special classes of 
classified information, including Restricted Data, Formerly Restricted 
Data, intelligence sources and methods information, Sensitive 
Compartmented Information, and Special Access Program information.
    (d) In establishing particular requirements, restrictions, and other 
safeguards within the Manual, the Secretary of Defense, the Secretary of 
Energy, the Nuclear Regulatory Commission, and the Director of Central 
Intelligence shall take into account these factors: (i) the damage to 
the national security that reasonably could be expected to result from 
an unauthorized disclosure; (ii) the existing or anticipated threat to 
the disclosure of information; and (iii) the short- and long-term costs 
of the requirements, restrictions, and other safeguards.
    (e) To the extent that is practicable and reasonable, the 
requirements, restrictions, and safeguards that the Manual establishes 
for the protection of classified information by contractors, licensees, 
and grantees shall be consistent with the requirements, restrictions, 
and safeguards that directives implementing Executive Order No. 12356 of 
April 2, 1982 [formerly set out above], or the Atomic Energy Act of 
1954, as amended, establish for the protection of classified information 
by agencies. Upon request by the Chairman of the Committee, the 
Secretary of Defense shall provide an explanation and justification for 
any requirement, restriction, or safeguard that results in a standard 
for the protection of classified information by contractors, licensees, 
and grantees that differs from the standard that applies to agencies.
    (f) The Manual shall be issued to correspond as closely as possible 
to pertinent decisions of the Secretary of Defense and the Director of 
Central Intelligence made pursuant to the recommendations of the Joint 
Security Review Commission and to revisions to the security 
classification system that result from Presidential Review Directive 29, 
but in any event no later than June 30, 1994.
    Sec. 202. Operational Oversight. (a) The Secretary of Defense shall 
serve as Executive Agent for inspecting and monitoring the contractors, 
licensees, and grantees who require or will require access to, or who 
store or will store classified information; and for determining the 
eligibility for access to classified information of contractors, 
licensees, and grantees and their respective employees. The heads of 
agencies shall enter into agreements with the Secretary of Defense that 
establish the terms of the Secretary's responsibilities on behalf of 
these agency heads.
    (b) The Director of Central Intelligence retains authority over 
access to intelligence sources and methods, including Sensitive 
Compartmented Information. The Director of Central Intelligence may 
inspect and monitcr [sic] contractor, licensee, and grantee programs and 
facilities that involve access to such information or may enter into 
written agreements with the Secretary of Defense, as Executive Agent, to 
inspect and monitor these programs or facilities, in whole or in part, 
on the Director's behalf.
    (c) The Secretary of Energy and the Nuclear Regulatory Commission 
retain authority over access to information under their respective 
programs classified under the Atomic Energy Act of 1954, as amended [42 
U.S.C. 2011 et seq.]. The Secretary or the Commission may inspect and 
monitor contractor, licensee, and grantee programs and facilities that 
involve access to such information or may enter into written agreements 
with the Secretary of Defense, as Executive Agent, to inspect and 
monitor these programs or facilities, in whole or in part, on behalf of 
the Secretary or the Commission, respectively.
    (d) The Executive Agent shall have the authority to issue, after 
consultation with affected agencies, standard forms or other 
standardization that will promote the implementation of the National 
Industrial Security Program.
    Sec. 203. Implementation. (a) The head of each agency that enters 
into classified contracts, licenses, or grants shall designate a senior 
agency official to direct and administer the agency's implementation and 
compliance with the National Industrial Security Program.
    (b) Agency implementing regulations, internal rules, or guidelines 
shall be consistent with this order, its implementing directives, and 
the Manual. Agencies shall issue these regulations, rules, or guidelines 
no later than 180 days from the issuance of the Manual. They may 
incorporate all or portions of the Manual by reference.
    (c) Each agency head or the senior official designated under 
paragraph (a) above shall take appropriate and prompt corrective action 
whenever a violation of this order, its implementing directives, or the 
Manual occurs.
    (d) The senior agency official designated under paragraph (a) above 
shall account each year for the costs within the agency associated with 
the implementation of the National Industrial Security Program. These 
costs shall be reported to the Director of the Information Security 
Oversight Office, who shall include them in the reports to the President 
prescribed by this order.
    (e) The Secretary of Defense, with the concurrence of the 
Administrator of General Services, the Administrator of the National 
Aeronautics and Space Administration, and such other agency heads or 
officials who may be responsible, shall amend the Federal Acquisition 
Regulation to be consistent with the implementation of the National 
Industrial Security Program.
    (f) All contracts, licenses, or grants that involve access to 
classified information and that are advertised or proposed following the 
issuance of agency regulations, rules, or guidelines described in 
paragraph (b) above shall comply with the National Industrial Security 
Program. To the extent that is feasible, economical, and permitted by 
law, agencies shall amend, modify, or convert preexisting contracts, 
licenses, or grants, or previously advertised or proposed contracts, 
licenses, or grants, that involve access to classified information for 
operation under the National Industrial Security Program. Any direct 
inspection or monitoring of contractors, licensees, or grantees 
specified by this order shall be carried out pursuant to the terms of a 
contract, license, grant, or regulation.
    (g) Executive Order No. 10865 of February 20, 1960 [set out above], 
as amended by Executive Order No. 10909 of January 17, 1961, and 
Executive Order No. 11382 of November 27, 1967, is hereby amended as 
follows:
    (1) Section 1(a) and (b) are revoked as of the effective date of 
this order.
    (2) Section 1(c) is renumbered as Section 1 and is amended to read 
as follows:
    ``Section 1. When used in this order, the term `head of a 
department' means the Secretary of State, the Secretary of Defense, the 
Secretary of Transportation, the Secretary of Energy, the Nuclear 
Regulatory Commission, the Administrator of the National Aeronautics and 
Space Administration, and, in section 4, the Attorney General. The term 
`head of a department' also means the head of any department or agency, 
including but not limited to those referenced above with whom the 
Department of Defense makes an agreement to extend regulations 
prescribed by the Secretary of Defense concerning authorizations for 
access to classified information pursuant to Executive Order No. 
12829.''
    (3) Section 2 is amended by inserting the words ``pursuant to 
Executive Order No. 12829'' after the word ``information.''
    (4) Section 3 is amended by inserting the words ``pursuant to 
Executive Order No. 12829'' between the words ``revoked'' and ``by'' in 
the second clause of that section.
    (5) Section 6 is amended by striking out the words ``The Secretary 
of State, the Secretary of Defense, the Administrator of the National 
Aeronautics and Space Administration, the Secretary of Transportation, 
or his representative, or the head of any other department or agency of 
the United States with which the Department of Defense makes an 
agreement under section (1)(b),'' at the beginning of the first 
sentence, and inserting in their place ``The head of a department of the 
United States . . . .''
    (6) Section 8 is amended by striking out paragraphs (1) through (7) 
and inserting in their place ``. . . the deputy of that department, or 
the principal assistant to the head of that department, as the case may 
be.''
    (h) All delegations, rules, regulations, orders, directives, 
agreements, contracts, licenses, and grants issued under preexisting 
authorities, including section 1(a) and (b) of Executive Order No. 10865 
of February 20, 1960, as amended, by Executive Order No. 10909 of 
January 17, 1961, and Executive Order No. 11382 of November 27, 1967, 
shall remain in full force and effect until amended, modified, or 
terminated pursuant to authority of this order.
    (i) This order shall be effective immediately.

Ex. Ord. No. 12937. Declassification of Selected Records Within National 
                        Archives of United States

    Ex. Ord. No. 12937, Nov. 10, 1994, 59 F.R. 59097, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered:
    Section 1. The records in the National Archives of the United States 
referenced in the list accompanying this order are hereby declassified.
    Sec. 2. The Archivist of the United States shall take such actions 
as are necessary to make such records available for public research no 
later than 30 days from the date of this Order, except to the extent 
that the head of an affected agency and the Archivist have determined 
that specific information within such records must be protected from 
disclosure pursuant to an authorized exemption to the Freedom of 
Information Act, 5 U.S.C. 552, other than the exemption that pertains to 
national security information.
    Sec. 3. Nothing contained in this order shall create any right or 
benefit, substantive or procedural, enforceable by any party against the 
United States, its agencies or instrumentalities, its officers or 
employees, or any other person.
                                                     William J. Clinton.

    Records in the following record groups (``RG'') in the National 
Archives of the United States shall be declassified. Page numbers are 
approximate. A complete list of the selected records is available from 
the Archivist of the United States.




I. All unreviewed World War II and earlier records, including:..........
  A.                       RG 18, Army Air Forces          1,722,400 pp.
  B.                       RG 65, Federal Bureau of          362,500 pp.
                            Investigation
  C.                       RG 127, United States             195,000 pp.
                            Marine Corps
  D.                       RG 216, Office of                 112,500 pp.
                            Censorship
  E.                       RG 226, Office of                 415,000 pp.
                            Strategic Services
  F.                       RG 60, United States            4,422,500 pp.
                            Occupation Headquarters
  G.                       RG 331, Allied                  3,097,500 pp.
                            Operational and
                            Occupation Headquarters,
                            World War II (including
                            350 reels of Allied
                            Force Headquarters)
  H.                       RG 332, United States           1,182,500 pp.
                            Theaters of War, World
                            War II
  I.                       RG 338, Mediterranean           9,500,000 pp.
                            Theater of Operations
                            and European Command
                           Subtotal for World War II    21.0 million pp.
                            and earlier
II. Post-1945 Collections (Military and Civil)..........................
  A.                       RG 19, Bureau of Ships,         1,732,500 pp.
                            Pre-1950 General
                            Correspondence (selected
                            records)
  B.                       RG 51, Bureau of the              142,500 pp.
                            Budget, 52.12 Budget
                            Preparation Branch, 1952-
                            69
  C.                       RG 72, Bureau of                5,655,000 pp.
                            Aeronautics (Navy)
                            (selected records)
  D.                       RG 166, Foreign                 1,272,500 pp.
                            Agricultural Service,
                            Narrative Reports, 1955-
                            61
  E.                       RG 313, Naval Operating           407,500 pp.
                            Forces (selected
                            records)
  F.                       RG 319, Office of the
                            Chief of Military
                            History
                             Manuscripts and                 933,000 pp.
                              Background Papers
                              (selected records)
  G.                       RG 337, Headquarters,           1,269,700 pp.
                            Army Ground Forces
                            (selected records)
  H.                       RG 341, Headquarters,           4,870,000 pp.
                            United States Air Force
                            (selected records)
  I.                       RG 389, Office of the             448,000 pp.
                            Provost Marshal General
                            (selected records)
  J.                       RG 391, United States             240,000 pp.
                            Army Regular Army Mobil
                            Units
  K.                       RG 428, General Records            31,250 pp.
                            of the Department of the
                            Navy (selected records)
  L.                       RG 472, Army Vietnam            5,864,000 pp.
                            Collection (selected
                            records)
                           Subtotal for Other           22.9 million pp.
                                               TOTAL    43.9 million pp.


Ex. Ord. No. 12951. Release of Imagery Acquired by Space-Based National 
                   Intelligence Reconnaissance Systems

    Ex. Ord. No. 12951, Feb. 22, 1995, 60 F.R. 10789, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America and in order to release certain 
scientifically or environmentally useful imagery acquired by space-based 
national intelligence reconnaissance systems, consistent with the 
national security, it is hereby ordered as follows:
    Section 1. Public Release of Historical Intelligence Imagery. 
Imagery acquired by the space-based national intelligence reconnaissance 
systems known as the Corona, Argon, and Lanyard missions shall, within 
18 months of the date of this order, be declassified and transferred to 
the National Archives and Records Administration with a copy sent to the 
United States Geological Survey of the Department of the Interior 
consistent with procedures approved by the Director of Central 
Intelligence and the Archivist of the United States. Upon transfer, such 
imagery shall be deemed declassified and shall be made available to the 
public.
    Sec. 2. Review for Future Public Release of Intelligence Imagery. 
(a) All information that meets the criteria in section 2(b) of this 
order shall be kept secret in the interests of national defense and 
foreign policy until deemed otherwise by the Director of Central 
Intelligence. In consultation with the Secretaries of State and Defense, 
the Director of Central Intelligence shall establish a comprehensive 
program for the periodic review of imagery from systems other than the 
Corona, Argon, and Lanyard missions, with the objective of making 
available to the public as much imagery as possible consistent with the 
interests of national defense and foreign policy. For imagery from 
obsolete broad-area film-return systems other than Corona, Argon, and 
Lanyard missions, this review shall be completed within 5 years of the 
date of this order. Review of imagery from any other system that the 
Director of Central Intelligence deems to be obsolete shall be 
accomplished according to a timetable established by the Director of 
Central Intelligence. The Director of Central Intelligence shall report 
annually to the President on the implementation of this order.
    (b) The criteria referred to in section 2(a) of this order consist 
of the following: imagery acquired by a space-based national 
intelligence reconnaissance system other than the Corona, Argon, and 
Lanyard missions.
    Sec. 3. General Provisions. (a) This order prescribes a 
comprehensive and exclusive system for the public release of imagery 
acquired by space-based national intelligence reconnaissance systems. 
This order is the exclusive Executive order governing the public release 
of imagery for purposes of section 552(b)(1) of the Freedom of 
Information Act [5 U.S.C. 552(b)(1)].
    (b) Nothing contained in this order shall create any right or 
benefit, substantive or procedural, enforceable by any party against the 
United States, its agencies or instrumentalities, its officers or 
employees, or any other person.
    Sec. 4. Definition. As used herein, ``imagery'' means the product 
acquired by space-based national intelligence reconnaissance systems 
that provides a likeness or representation of any natural or man-made 
feature or related objective or activities and satellite positional data 
acquired at the same time the likeness or representation was acquired.
                                                     William J. Clinton.

      Ex. Ord. No. 12958. Classified National Security Information

    Ex. Ord. No. 12958, Apr. 17, 1995, 60 F.R. 19825, as amended by Ex. 
Ord. No. 12972, Sept. 18, 1995, 60 F.R. 48863; Ex. Ord. No. 13142, Nov. 
19, 1999, 64 F.R. 66089, provided:
    This order prescribes a uniform system for classifying, 
safeguarding, and declassifying national security information. Our 
democratic principles require that the American people be informed of 
the activities of their Government. Also, our Nation's progress depends 
on the free flow of information. Nevertheless, throughout our history, 
the national interest has required that certain information be 
maintained in confidence in order to protect our citizens, our 
democratic institutions, and our participation within the community of 
nations. Protecting information critical to our Nation's security 
remains a priority. In recent years, however, dramatic changes have 
altered, although not eliminated, the national security threats that we 
confront. These changes provide a greater opportunity to emphasize our 
commitment to open Government.
    NOW, THEREFORE, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, it is hereby 
ordered as follows:

                 PART 1--ORIGINAL CLASSIFICATION

    Section 1.1. Definitions. For purposes of this order:
    (a) ``National security'' means the national defense or foreign 
relations of the United States.
    (b) ``Information'' means any knowledge that can be communicated or 
documentary material, regardless of its physical form or 
characteristics, that is owned by, produced by or for, or is under the 
control of the United States Government. ``Control'' means the authority 
of the agency that originates information, or its successor in function, 
to regulate access to the information.
    (c) ``Classified national security information'' (hereafter 
``classified information'') means information that has been determined 
pursuant to this order or any predecessor order to require protection 
against unauthorized disclosure and is marked to indicate its classified 
status when in documentary form.
    (d) ``Foreign Government Information'' means:
        (1) information provided to the United States Government by a 
    foreign government or governments, an international organization of 
    governments, or any element thereof, with the expectation that the 
    information, the source of the information, or both, are to be held 
    in confidence;
        (2) information produced by the United States pursuant to or as 
    a result of a joint arrangement with a foreign government or 
    governments, or an international organization of governments, or any 
    element thereof, requiring that the information, the arrangement, or 
    both, are to be held in confidence; or
        (3) information received and treated as ``Foreign Government 
    Information'' under the terms of a predecessor order.
    (e) ``Classification'' means the act or process by which information 
is determined to be classified information.
    (f) ``Original classification'' means an initial determination that 
information requires, in the interest of national security, protection 
against unauthorized disclosure.
    (g) ``Original classification authority'' means an individual 
authorized in writing, either by the President, or by agency heads or 
other officials designated by the President, to classify information in 
the first instance.
    (h) ``Unauthorized disclosure'' means a communication or physical 
transfer of classified information to an unauthorized recipient.
    (i) ``Agency'' means any ``Executive agency,'' as defined in 5 
U.S.C. 105; any ``Military department'' as defined in 5 U.S.C. 102; and 
any other entity within the executive branch that comes into the 
possession of classified information.
    (j) ``Senior agency official'' means the official designated by the 
agency head under section 5.6(c) of this order to direct and administer 
the agency's program under which information is classified, safeguarded, 
and declassified.
    (k) ``Confidential source'' means any individual or organization 
that has provided, or that may reasonably be expected to provide, 
information to the United States on matters pertaining to the national 
security with the expectation that the information or relationship, or 
both, are to be held in confidence.
    (l) ``Damage to the national security'' means harm to the national 
defense or foreign relations of the United States from the unauthorized 
disclosure of information, to include the sensitivity, value, and 
utility of that information.
    Sec. 1.2. Classification Standards. (a) Information may be 
originally classified under the terms of this order only if all of the 
following conditions are met:
        (1) an original classification authority is classifying the 
    information;
        (2) the information is owned by, produced by or for, or is under 
    the control of the United States Government;
        (3) the information falls within one or more of the categories 
    of information listed in section 1.5 of this order; and
        (4) the original classification authority determines that the 
    unauthorized disclosure of the information reasonably could be 
    expected to result in damage to the national security and the 
    original classification authority is able to identify or describe 
    the damage.
    (b) If there is significant doubt about the need to classify 
information, it shall not be classified. This provision does not:
        (1) amplify or modify the substantive criteria or procedures for 
    classification; or
        (2) create any substantive or procedural rights subject to 
    judicial review.
    (c) Classified information shall not be declassified automatically 
as a result of any unauthorized disclosure of identical or similar 
information.
    Sec. 1.3. Classification Levels. (a) Information may be classified 
at one of the following three levels:
        (1) ``Top Secret'' shall be applied to information, the 
    unauthorized disclosure of which reasonably could be expected to 
    cause exceptionally grave damage to the national security that the 
    original classification authority is able to identify or describe.
        (2) ``Secret'' shall be applied to information, the unauthorized 
    disclosure of which reasonably could be expected to cause serious 
    damage to the national security that the original classification 
    authority is able to identify or describe.
        (3) ``Confidential'' shall be applied to information, the 
    unauthorized disclosure of which reasonably could be expected to 
    cause damage to the national security that the original 
    classification authority is able to identify or describe.
    (b) Except as otherwise provided by statute, no other terms shall be 
used to identify United States classified information.
    (c) If there is significant doubt about the appropriate level of 
classification, it shall be classified at the lower level.
    Sec. 1.4. Classification Authority. (a) The authority to classify 
information originally may be exercised only by:
        (1) the President;
        (2) agency heads and officials designated by the President in 
    the Federal Register; or
        (3) United States Government officials delegated this authority 
    pursuant to paragraph (c), below.
    (b) Officials authorized to classify information at a specified 
level are also authorized to classify information at a lower level.
    (c) Delegation of original classification authority.
        (1) Delegations of original classification authority shall be 
    limited to the minimum required to administer this order. Agency 
    heads are responsible for ensuring that designated subordinate 
    officials have a demonstrable and continuing need to exercise this 
    authority.
        (2) ``Top Secret'' original classification authority may be 
    delegated only by the President or by an agency head or official 
    designated pursuant to paragraph (a)(2), above.
        (3) ``Secret'' or ``Confidential'' original classification 
    authority may be delegated only by the President; an agency head or 
    official designated pursuant to paragraph (a)(2), above; or the 
    senior agency official, provided that official has been delegated 
    ``Top Secret'' original classification authority by the agency head.
        (4) Each delegation of original classification authority shall 
    be in writing and the authority shall not be redelegated except as 
    provided in this order. Each delegation shall identify the official 
    by name or position title.
    (d) Original classification authorities must receive training in 
original classification as provided in this order and its implementing 
directives.
    (e) Exceptional cases. When an employee, contractor, licensee, 
certificate holder, or grantee of an agency that does not have original 
classification authority originates information believed by that person 
to require classification, the information shall be protected in a 
manner consistent with this order and its implementing directives. The 
information shall be transmitted promptly as provided under this order 
or its implementing directives to the agency that has appropriate 
subject matter interest and classification authority with respect to 
this information. That agency shall decide within 30 days whether to 
classify this information. If it is not clear which agency has 
classification responsibility for this information, it shall be sent to 
the Director of the Information Security Oversight Office. The Director 
shall determine the agency having primary subject matter interest and 
forward the information, with appropriate recommendations, to that 
agency for a classification determination.
    Sec. 1.5. Classification Categories.
    Information may not be considered for classification unless it 
concerns:
    (a) military plans, weapons systems, or operations;
    (b) foreign government information;
    (c) intelligence activities (including special activities), 
intelligence sources or methods, or cryptology;
    (d) foreign relations or foreign activities of the United States, 
including confidential sources;
    (e) scientific, technological, or economic matters relating to the 
national security;
    (f) United States Government programs for safeguarding nuclear 
materials or facilities; or
    (g) vulnerabilities or capabilities of systems, installations, 
projects or plans relating to the national security.
    Sec. 1.6. Duration of Classification. (a) At the time of original 
classification, the original classification authority shall attempt to 
establish a specific date or event for declassification based upon the 
duration of the national security sensitivity of the information. The 
date or event shall not exceed the time frame in paragraph (b), below.
    (b) If the original classification authority cannot determine an 
earlier specific date or event for declassification, information shall 
be marked for declassification 10 years from the date of the original 
decision, except as provided in paragraph (d), below.
    (c) An original classification authority may extend the duration of 
classification or reclassify specific information for successive periods 
not to exceed 10 years at a time if such action is consistent with the 
standards and procedures established under this order. This provision 
does not apply to information contained in records that are more than 25 
years old and have been determined to have permanent historical value 
under title 44, United States Code.
    (d) At the time of original classification, the original 
classification authority may exempt from declassification within 10 
years specific information, the unauthorized disclosure of which could 
reasonably be expected to cause damage to the national security for a 
period greater than that provided in paragraph (b), above, and the 
release of which could reasonably be expected to:
        (1) reveal an intelligence source, method, or activity, or a 
    cryptologic system or activity;
        (2) reveal information that would assist in the development or 
    use of weapons of mass destruction;
        (3) reveal information that would impair the development or use 
    of technology within a United States weapons system;
        (4) reveal United States military plans, or national security 
    emergency preparedness plans;
        (5) reveal foreign government information;
        (6) damage relations between the United States and a foreign 
    government, reveal a confidential source, or seriously undermine 
    diplomatic activities that are reasonably expected to be ongoing for 
    a period greater than that provided in paragraph (b), above;
        (7) impair the ability of responsible United States Government 
    officials to protect the President, the Vice President, and other 
    individuals for whom protection services, in the interest of 
    national security, are authorized; or
        (8) violate a statute, treaty, or international agreement.
    (e) Information marked for an indefinite duration of classification 
under predecessor orders, for example, ``Originating Agency's 
Determination Required,'' or information classified under predecessor 
orders that contains no declassification instructions shall be 
declassified in accordance with part 3 of this order.
    Sec. 1.7. Identification and Markings. (a) At the time of original 
classification, the following shall appear on the face of each 
classified document, or shall be applied to other classified media in an 
appropriate manner:
        (1) one of the three classification levels defined in section 
    1.3 of this order;
        (2) the identity, by name or personal identifier and position, 
    of the original classification authority;
        (3) the agency and office of origin, if not otherwise evident;
        (4) declassification instructions, which shall indicate one of 
    the following:
            (A) the date or event for declassification, as prescribed in 
        section 1.6(a) or section 1.6(c); or
            (B) the date that is 10 years from the date of original 
        classification, as prescribed in section 1.6(b); or
            (C) the exemption category from declassification, as 
        prescribed in section 1.6(d); and
        (5) a concise reason for classification which, at a minimum, 
    cites the applicable classification categories in section 1.5 of 
    this order.
    (b) Specific information contained in paragraph (a), above, may be 
excluded if it would reveal additional classified information.
    (c) Each classified document shall, by marking or other means, 
indicate which portions are classified, with the applicable 
classification level, which portions are exempt from declassification 
under section 1.6(d) of this order, and which portions are unclassified. 
In accordance with standards prescribed in directives issued under this 
order, the Director of the Information Security Oversight Office may 
grant waivers of this requirement for specified classes of documents or 
information. The Director shall revoke any waiver upon a finding of 
abuse.
    (d) Markings implementing the provisions of this order, including 
abbreviations and requirements to safeguard classified working papers, 
shall conform to the standards prescribed in implementing directives 
issued pursuant to this order.
    (e) Foreign government information shall retain its original 
classification markings or shall be assigned a U.S. classification that 
provides a degree of protection at least equivalent to that required by 
the entity that furnished the information.
    (f) Information assigned a level of classification under this or 
predecessor orders shall be considered as classified at that level of 
classification despite the omission of other required markings. Whenever 
such information is used in the derivative classification process or is 
reviewed for possible declassification, holders of such information 
shall coordinate with an appropriate classification authority for the 
application of omitted markings.
    (g) The classification authority shall, whenever practicable, use a 
classified addendum whenever classified information constitutes a small 
portion of an otherwise unclassified document.
    Sec. 1.8. Classification Prohibitions and Limitations. (a) In no 
case shall information be classified in order to:
        (1) conceal violations of law, inefficiency, or administrative 
    error;
        (2) prevent embarrassment to a person, organization, or agency;
        (3) restrain competition; or
        (4) prevent or delay the release of information that does not 
    require protection in the interest of national security.
    (b) Basic scientific research information not clearly related to the 
national security may not be classified.
    (c) Information may not be reclassified after it has been 
declassified and released to the public under proper authority.
    (d) Information that has not previously been disclosed to the public 
under proper authority may be classified or reclassified after an agency 
has received a request for it under the Freedom of Information Act (5 
U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory 
review provisions of section 3.6 of this order only if such 
classification meets the requirements of this order and is accomplished 
on a document-by-document basis with the personal participation or under 
the direction of the agency head, the deputy agency head, or the senior 
agency official designated under section 5.6 of this order. This 
provision does not apply to classified information contained in records 
that are more than 25 years old and have been determined to have 
permanent historical value under title 44, United States Code.
    (e) Compilations of items of information which are individually 
unclassified may be classified if the compiled information reveals an 
additional association or relationship that:
        (1) meets the standards for classification under this order; and
        (2) is not otherwise revealed in the individual items of 
    information.
As used in this order, ``compilation'' means an aggregation of pre-
existing unclassified items of information.
    Sec. 1.9. Classification Challenges. (a) Authorized holders of 
information who, in good faith, believe that its classification status 
is improper are encouraged and expected to challenge the classification 
status of the information in accordance with agency procedures 
established under paragraph (b), below.
    (b) In accordance with implementing directives issued pursuant to 
this order, an agency head or senior agency official shall establish 
procedures under which authorized holders of information are encouraged 
and expected to challenge the classification of information that they 
believe is improperly classified or unclassified. These procedures shall 
assure that:
        (1) individuals are not subject to retribution for bringing such 
    actions;
        (2) an opportunity is provided for review by an impartial 
    official or panel; and
        (3) individuals are advised of their right to appeal agency 
    decisions to the Interagency Security Classification Appeals Panel 
    established by section 5.4 of this order.

                PART 2--DERIVATIVE CLASSIFICATION

    Sec. 2.1. Definitions. For purposes of this order:
    (a) ``Derivative classification'' means the incorporating, 
paraphrasing, restating or generating in new form information that is 
already classified, and marking the newly developed material consistent 
with the classification markings that apply to the source information. 
Derivative classification includes the classification of information 
based on classification guidance. The duplication or reproduction of 
existing classified information is not derivative classification.
    (b) ``Classification guidance'' means any instruction or source that 
prescribes the classification of specific information.
    (c) ``Classification guide'' means a documentary form of 
classification guidance issued by an original classification authority 
that identifies the elements of information regarding a specific subject 
that must be classified and establishes the level and duration of 
classification for each such element.
    (d) ``Source document'' means an existing document that contains 
classified information that is incorporated, paraphrased, restated, or 
generated in new form into a new document.
    (e) ``Multiple sources'' means two or more source documents, 
classification guides, or a combination of both.
    Sec. 2.2. Use of Derivative Classification. (a) Persons who only 
reproduce, extract, or summarize classified information, or who only 
apply classification markings derived from source material or as 
directed by a classification guide, need not possess original 
classification authority.
    (b) Persons who apply derivative classification markings shall:
        (1) observe and respect original classification decisions; and
        (2) carry forward to any newly created documents the pertinent 
    classification markings. For information derivatively classified 
    based on multiple sources, the derivative classifier shall carry 
    forward:
            (A) the date or event for declassification that corresponds 
        to the longest period of classification among the sources; and
            (B) a listing of these sources on or attached to the 
        official file or record copy.
    Sec. 2.3. Classification Guides. (a) Agencies with original 
classification authority shall prepare classification guides to 
facilitate the proper and uniform derivative classification of 
information. These guides shall conform to standards contained in 
directives issued under this order.
    (b) Each guide shall be approved personally and in writing by an 
official who:
        (1) has program or supervisory responsibility over the 
    information or is the senior agency official; and
        (2) is authorized to classify information originally at the 
    highest level of classification prescribed in the guide.
    (c) Agencies shall establish procedures to assure that 
classification guides are reviewed and updated as provided in directives 
issued under this order.

            PART 3--DECLASSIFICATION AND DOWNGRADING

    Sec. 3.1. Definitions. For purposes of this order:
    (a) ``Declassification'' means the authorized change in the status 
of information from classified information to unclassified information.
    (b) ``Automatic declassification'' means the declassification of 
information based solely upon:
        (1) the occurrence of a specific date or event as determined by 
    the original classification authority; or
        (2) the expiration of a maximum time frame for duration of 
    classification established under this order.
    (c) ``Declassification authority'' means:
        (1) the official who authorized the original classification, if 
    that official is still serving in the same position;
        (2) the originator's current successor in function;
        (3) a supervisory official of either; or
        (4) officials delegated declassification authority in writing by 
    the agency head or the senior agency official.
    (d) ``Mandatory declassification review'' means the review for 
declassification of classified information in response to a request for 
declassification that meets the requirements under section 3.6 of this 
order.
    (e) ``Systematic declassification review'' means the review for 
declassification of classified information contained in records that 
have been determined by the Archivist of the United States 
(``Archivist'') to have permanent historical value in accordance with 
chapter 33 of title 44, United States Code.
    (f) ``Declassification guide'' means written instructions issued by 
a declassification authority that describes the elements of information 
regarding a specific subject that may be declassified and the elements 
that must remain classified.
    (g) ``Downgrading'' means a determination by a declassification 
authority that information classified and safeguarded at a specified 
level shall be classified and safeguarded at a lower level.
    (h) ``File series'' means documentary material, regardless of its 
physical form or characteristics, that is arranged in accordance with a 
filing system or maintained as a unit because it pertains to the same 
function or activity.
    Sec. 3.2. Authority for Declassification. (a) Information shall be 
declassified as soon as it no longer meets the standards for 
classification under this order.
    (b) It is presumed that information that continues to meet the 
classification requirements under this order requires continued 
protection. In some exceptional cases, however, the need to protect such 
information may be outweighed by the public interest in disclosure of 
the information, and in these cases the information should be 
declassified. When such questions arise, they shall be referred to the 
agency head or the senior agency official. That official will determine, 
as an exercise of discretion, whether the public interest in disclosure 
outweighs the damage to national security that might reasonably be 
expected from disclosure. This provision does not:
        (1) amplify or modify the substantive criteria or procedures for 
    classification; or
        (2) create any substantive or procedural rights subject to 
    judicial review.
    (c) If the Director of the Information Security Oversight Office 
determines that information is classified in violation of this order, 
the Director may require the information to be declassified by the 
agency that originated the classification. Any such decision by the 
Director may be appealed to the President through the Assistant to the 
President for National Security Affairs. The information shall remain 
classified pending a prompt decision on the appeal.
    (d) The provisions of this section shall also apply to agencies 
that, under the terms of this order, do not have original classification 
authority, but had such authority under predecessor orders.
    Sec. 3.3. Transferred Information. (a) In the case of classified 
information transferred in conjunction with a transfer of functions, and 
not merely for storage purposes, the receiving agency shall be deemed to 
be the originating agency for purposes of this order.
    (b) In the case of classified information that is not officially 
transferred as described in paragraph (a), above, but that originated in 
an agency that has ceased to exist and for which there is no successor 
agency, each agency in possession of such information shall be deemed to 
be the originating agency for purposes of this order. Such information 
may be declassified or downgraded by the agency in possession after 
consultation with any other agency that has an interest in the subject 
matter of the information.
    (c) Classified information accessioned into the National Archives 
and Records Administration (``National Archives'') as of the effective 
date of this order shall be declassified or downgraded by the Archivist 
in accordance with this order, the directives issued pursuant to this 
order, agency declassification guides, and any existing procedural 
agreement between the Archivist and the relevant agency head.
    (d) The originating agency shall take all reasonable steps to 
declassify classified information contained in records determined to 
have permanent historical value before they are accessioned into the 
National Archives. However, the Archivist may require that records 
containing classified information be accessioned into the National 
Archives when necessary to comply with the provisions of the Federal 
Records Act [probably means chapters 21 to 31 of Title 44, Public 
Printing and Documents]. 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 six and one half years from the date of this order, all 
classified information contained in records that (1) are more than 25 
years old, and (2) have been determined to have permanent historical 
value under title 44, United States Code, shall be automatically 
declassified whether or not the records have been reviewed. 
Subsequently, all classified information in such records shall be 
automatically declassified no longer than 25 years from the date of its 
original classification, except as provided in paragraph (b), below. For 
records otherwise subject to this paragraph for which a review or 
assessment conducted by the agency and confirmed by the Information 
Security Oversight Office has determined that they: (1) contain 
information that was created by or is under the control of more than one 
agency, or (2) are within file series containing information that almost 
invariably pertains to intelligence sources or methods, all classified 
information in such records shall be automatically declassified, whether 
or not the records have been reviewed, within 8 years from the date of 
this order, except as provided in paragraph (b), below. For records that 
contain information that becomes subject to automatic declassification 
after the dates otherwise established in this paragraph, all classified 
information in such records shall be automatically declassified, whether 
or not the records have been reviewed on December 31 of the year that is 
25 years from the origin of the information, except as provided in 
paragraph (b), below.
    (b) An agency head may exempt from automatic declassification under 
paragraph (a), above, specific information, the release of which should 
be expected to:
        (1) reveal the identity of a confidential human source, or 
    reveal information about the application of an intelligence source 
    or method, or reveal the identity of a human intelligence source 
    when the unauthorized disclosure of that source would clearly and 
    demonstrably damage the national security interests of the United 
    States;
        (2) reveal information that would assist in the development or 
    use of weapons of mass destruction;
        (3) reveal information that would impair U.S. cryptologic 
    systems or activities;
        (4) reveal information that would impair the application of 
    state of the art technology within a U.S. weapon system;
        (5) reveal actual U.S. military war plans that remain in effect;
        (6) reveal information that would seriously and demonstrably 
    impair relations between the United States and a foreign government, 
    or seriously and demonstrably undermine ongoing diplomatic 
    activities of the United States;
        (7) reveal information that would clearly and demonstrably 
    impair the current ability of United States Government officials to 
    protect the President, Vice President, and other officials for whom 
    protection services, in the interest of national security, are 
    authorized;
        (8) reveal information that would seriously and demonstrably 
    impair current national security emergency preparedness plans; or
        (9) violate a statute, treaty, or international agreement.
    (c) No later than the effective date of this order, an agency head 
shall notify the President through the Assistant to the President for 
National Security Affairs of any specific file series of records for 
which a review or assessment has determined that the information within 
those file series almost invariably falls within one or more of the 
exemption categories listed in paragraph (b), above, and which the 
agency proposes to exempt from automatic declassification. The 
notification shall include:
        (1) a description of the file series;
        (2) an explanation of why the information within the file series 
    is almost invariably exempt from automatic declassification and why 
    the information must remain classified for a longer period of time; 
    and
        (3) except for the identity of a confidential human source or a 
    human intelligence source, as provided in paragraph (b), above, a 
    specific date or event for declassification of the information.
The President may direct the agency head not to exempt the file series 
or to declassify the information within that series at an earlier date 
than recommended.
    (d) At least 180 days before information is automatically 
declassified under this section, an agency head or senior agency 
official shall notify the Director of the Information Security Oversight 
Office, serving as Executive Secretary of the Interagency Security 
Classification Appeals Panel, of any specific information beyond that 
included in a notification to the President under paragraph (c), above, 
that the agency proposes to exempt from automatic declassification. The 
notification shall include:
        (1) a description of the information;
        (2) an explanation of why the information is exempt from 
    automatic declassification and must remain classified for a longer 
    period of time; and
        (3) except for the identity of a confidential human source or a 
    human intelligence source, as provided in paragraph (b), above, a 
    specific date or event for declassification of the information. The 
    Panel may direct the agency not to exempt the information or to 
    declassify it at an earlier date than recommended. The agency head 
    may appeal such a decision to the President through the Assistant to 
    the President for National Security Affairs. The information will 
    remain classified while such an appeal is pending.
    (e) No later than the effective date of this order, the agency head 
or senior agency official shall provide the Director of the Information 
Security Oversight Office with a plan for compliance with the 
requirements of this section, including the establishment of interim 
target dates. Each such plan shall include the requirement that the 
agency declassify at least 15 percent of the records affected by this 
section no later than 1 year from the effective date of this order, and 
similar commitments for subsequent years until the effective date for 
automatic declassification.
    (f) Information exempted from automatic declassification under this 
section shall remain subject to the mandatory and systematic 
declassification review provisions of this order.
    (g) The Secretary of State shall determine when the United States 
should commence negotiations with the appropriate officials of a foreign 
government or international organization of governments to modify any 
treaty or international agreement that requires the classification of 
information contained in records affected by this section for a period 
longer than 25 years from the date of its creation, unless the treaty or 
international agreement pertains to information that may otherwise 
remain classified beyond 25 years under this section.
    Sec. 3.5. Systematic Declassification Review. (a) Each agency that 
has originated classified information under this order or its 
predecessors shall establish and conduct a program for systematic 
declassification review. This program shall apply to historically 
valuable records exempted from automatic declassification under section 
3.4 of this order. Agencies shall prioritize the systematic review of 
records based upon:
        (1) recommendations of the Information Security Policy Advisory 
    Council, established in section 5.5 of this order, on specific 
    subject areas for systematic review concentration; or
        (2) the degree of researcher interest and the likelihood of 
    declassification upon review.
    (b) The Archivist shall conduct a systematic declassification review 
program for classified information: (1) accessioned into the National 
Archives as of the effective date of this order; (2) information 
transferred to the Archivist pursuant to section 2203 of title 44, 
United States Code; and (3) information for which the National Archives 
and Records Administration serves as the custodian of the records of an 
agency or organization that has gone out of existence. This program 
shall apply to pertinent records no later than 25 years from the date of 
their creation. The Archivist shall establish priorities for the 
systematic review of these records based upon the recommendations of the 
Information Security Policy Advisory Council; or the degree of 
researcher interest and the likelihood of declassification upon review. 
These records shall be reviewed in accordance with the standards of this 
order, its implementing directives, and declassification guides provided 
to the Archivist by each agency that originated the records. The 
Director of the Information Security Oversight Office shall assure that 
agencies provide the Archivist with adequate and current 
declassification guides.
    (c) After consultation with affected agencies, the Secretary of 
Defense may establish special procedures for systematic review for 
declassification of classified cryptologic information, and the Director 
of Central Intelligence may establish special procedures for systematic 
review for declassification of classified information pertaining to 
intelligence activities (including special activities), or intelligence 
sources or methods.
    Sec. 3.6. Mandatory Declassification Review. (a) Except as provided 
in paragraph (b), below, all information classified under this order or 
predecessor orders shall be subject to a review for declassification by 
the originating agency if:
        (1) the request for a review describes the document or material 
    containing the information with sufficient specificity to enable the 
    agency to locate it with a reasonable amount of effort;
        (2) the information is not exempted from search and review under 
    the Central Intelligence Agency Information Act [see Short Title of 
    1984 Amendment note, set out under section 401 of this title]; and
        (3) the information has not been reviewed for declassification 
    within the past 2 years. If the agency has reviewed the information 
    within the past 2 years, or the information is the subject of 
    pending litigation, the agency shall inform the requester of this 
    fact and of the requester's appeal rights.
    (b) Information originated by:
        (1) the incumbent President;
        (2) the incumbent President's White House Staff;
        (3) committees, commissions, or boards appointed by the 
    incumbent President; or
        (4) other entities within the Executive Office of the President 
    that solely advise and assist the incumbent President is exempted 
    from the provisions of paragraph (a), above. However, the Archivist 
    shall have the authority to review, downgrade, and declassify 
    information of former Presidents under the control of the Archivist 
    pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, 
    United States Code. Review procedures developed by the Archivist 
    shall provide for consultation with agencies having primary subject 
    matter interest and shall be consistent with the provisions of 
    applicable laws or lawful agreements that pertain to the respective 
    Presidential papers or records. Agencies with primary subject matter 
    interest shall be notified promptly of the Archivist's decision. Any 
    final decision by the Archivist may be appealed by the requester or 
    an agency to the Interagency Security Classification Appeals Panel. 
    The information shall remain classified pending a prompt decision on 
    the appeal.
    (c) Agencies conducting a mandatory review for declassification 
shall declassify information that no longer meets the standards for 
classification under this order. They shall release this information 
unless withholding is otherwise authorized and warranted under 
applicable law.
    (d) In accordance with directives issued pursuant to this order, 
agency heads shall develop procedures to process requests for the 
mandatory review of classified information. These procedures shall apply 
to information classified under this or predecessor orders. They also 
shall provide a means for administratively appealing a denial of a 
mandatory review request, and for notifying the requester of the right 
to appeal a final agency decision to the Interagency Security 
Classification Appeals Panel.
    (e) After consultation with affected agencies, the Secretary of 
Defense shall develop special procedures for the review of cryptologic 
information, the Director of Central Intelligence shall develop special 
procedures for the review of information pertaining to intelligence 
activities (including special activities), or intelligence sources or 
methods, and the Archivist shall develop special procedures for the 
review of information accessioned into the National Archives.
    Sec. 3.7. Processing Requests and Reviews. In response to a request 
for information under the Freedom of Information Act [5 U.S.C. 552], the 
Privacy Act of 1974 [5 U.S.C. 552a], 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.

                      PART 4--SAFEGUARDING

    Sec. 4.1. Definitions. For purposes of this order: (a) 
``Safeguarding'' means measures and controls that are prescribed to 
protect classified information.
    (b) ``Access'' means the ability or opportunity to gain knowledge of 
classified information.
    (c) ``Need-to-know'' means a determination made by an authorized 
holder of classified information that a prospective recipient requires 
access to specific classified information in order to perform or assist 
in a lawful and authorized governmental function.
    (d) ``Automated information system'' means an assembly of computer 
hardware, software, or firmware configured to collect, create, 
communicate, compute, disseminate, process, store, or control data or 
information.
    (e) ``Integrity'' means the state that exists when information is 
unchanged from its source and has not been accidentally or intentionally 
modified, altered, or destroyed.
    (f) ``Network'' means a system of two or more computers that can 
exchange data or information.
    (g) ``Telecommunications'' means the preparation, transmission, or 
communication of information by electronic means.
    (h) ``Special access program'' means a program established for a 
specific class of classified information that imposes safeguarding and 
access requirements that exceed those normally required for information 
at the same classification level.
    Sec. 4.2. General Restrictions on Access. (a) A person may have 
access to classified information provided that:
        (1) a favorable determination of eligibility for access has been 
    made by an agency head or the agency head's designee;
        (2) the person has signed an approved nondisclosure agreement; 
    and
        (3) the person has a need-to-know the information.
    (b) Classified information shall remain under the control of the 
originating agency or its successor in function. An agency shall not 
disclose information originally classified by another agency without its 
authorization. An official or employee leaving agency service may not 
remove classified information from the agency's control.
    (c) Classified information may not be removed from official premises 
without proper authorization.
    (d) Persons authorized to disseminate classified information outside 
the executive branch shall assure the protection of the information in a 
manner equivalent to that provided within the executive branch.
    (e) Consistent with law, directives, and regulation, an agency head 
or senior agency official shall establish uniform procedures to ensure 
that automated information systems, including networks and 
telecommunications systems, that collect, create, communicate, compute, 
disseminate, process, or store classified information have controls 
that:
        (1) prevent access by unauthorized persons; and
        (2) ensure the integrity of the information.
    (f) Consistent with law, directives, and regulation, each agency 
head or senior agency official shall establish controls to ensure that 
classified information is used, processed, stored, reproduced, 
transmitted, and destroyed under conditions that provide adequate 
protection and prevent access by unauthorized persons.
    (g) Consistent with directives issued pursuant to this order, an 
agency shall safeguard foreign government information under standards 
that provide a degree of protection at least equivalent to that required 
by the government or international organization of governments that 
furnished the information. When adequate to achieve equivalency, these 
standards may be less restrictive than the safeguarding standards that 
ordinarily apply to United States ``Confidential'' information, 
including allowing access to individuals with a need-to-know who have 
not otherwise been cleared for access to classified information or 
executed an approved nondisclosure agreement.
    (h) Except as provided by statute or directives issued pursuant to 
this order, classified information originating in one agency may not be 
disseminated outside any other agency to which it has been made 
available without the consent of the originating agency. An agency head 
or senior agency official may waive this requirement for specific 
information originated within that agency. For purposes of this section, 
the Department of Defense shall be considered one agency.
    Sec. 4.3. Distribution Controls. (a) Each agency shall establish 
controls over the distribution of classified information to assure that 
it is distributed only to organizations or individuals eligible for 
access who also have a need-to-know the information.
    (b) Each agency shall update, at least annually, the automatic, 
routine, or recurring distribution of classified information that they 
distribute. Recipients shall cooperate fully with distributors who are 
updating distribution lists and shall notify distributors whenever a 
relevant change in status occurs.
    Sec. 4.4. Special Access Programs. (a) Establishment of special 
access programs. Unless otherwise authorized by the President, only the 
Secretaries of State, Defense and Energy, and the Director of Central 
Intelligence, or the principal deputy of each, may create a special 
access program. For special access programs pertaining to intelligence 
activities (including special activities, but not including military 
operational, strategic and tactical programs), or intelligence sources 
or methods, this function will be exercised by the Director of Central 
Intelligence. These officials shall keep the number of these programs at 
an absolute minimum, and shall establish them only upon a specific 
finding that:
        (1) the vulnerability of, or threat to, specific information is 
    exceptional; and
        (2) the normal criteria for determining eligibility for access 
    applicable to information classified at the same level are not 
    deemed sufficient to protect the information from unauthorized 
    disclosure; or
        (3) the program is required by statute.
    (b) Requirements and Limitations. (1) Special access programs shall 
be limited to programs in which the number of persons who will have 
access ordinarily will be reasonably small and commensurate with the 
objective of providing enhanced protection for the information involved.
    (2) Each agency head shall establish and maintain a system of 
accounting for special access programs consistent with directives issued 
pursuant to this order.
    (3) Special access programs shall be subject to the oversight 
program established under section 5.6(c) of this order. In addition, the 
Director of the Information Security Oversight Office shall be afforded 
access to these programs, in accordance with the security requirements 
of each program, in order to perform the functions assigned to the 
Information Security Oversight Office under this order. An agency head 
may limit access to a special access program to the Director and no more 
than one other employee of the Information Security Oversight Office; 
or, for special access programs that are extraordinarily sensitive and 
vulnerable, to the Director only.
    (4) The agency head or principal deputy shall review annually each 
special access program to determine whether it continues to meet the 
requirements of this order.
    (5) Upon request, an agency shall brief the Assistant to the 
President for National Security Affairs, or his or her designee, on any 
or all of the agency's special access programs.
    (c) Within 180 days after the effective date of this order, each 
agency head or principal deputy shall review all existing special access 
programs under the agency's jurisdiction. These officials shall 
terminate any special access programs that do not clearly meet the 
provisions of this order. Each existing special access program that an 
agency head or principal deputy validates shall be treated as if it were 
established on the effective date of this order.
    (d) Nothing in this order shall supersede any requirement made by or 
under 10 U.S.C. 119.
    Sec. 4.5. Access by Historical Researchers and Former Presidential 
Appointees. (a) The requirement in section 4.2(a)(3) of this order that 
access to classified information may be granted only to individuals who 
have a need-to-know the information may be waived for persons who:
        (1) are engaged in historical research projects; or
        (2) previously have occupied policy-making positions to which 
    they were appointed by the President.
    (b) Waivers under this section may be granted only if the agency 
head or senior agency official of the originating agency:
        (1) determines in writing that access is consistent with the 
    interest of national security;
        (2) takes appropriate steps to protect classified information 
    from unauthorized disclosure or compromise, and ensures that the 
    information is safeguarded in a manner consistent with this order; 
    and
        (3) limits the access granted to former Presidential appointees 
    to items that the person originated, reviewed, signed, or received 
    while serving as a Presidential appointee.

                PART 5--IMPLEMENTATION AND REVIEW

    Sec. 5.1. Definitions. For purposes of this order: (a) ``Self-
inspection'' means the internal review and evaluation of individual 
agency activities and the agency as a whole with respect to the 
implementation of the program established under this order and its 
implementing directives.
    (b) ``Violation'' means:
        (1) any knowing, willful, or negligent action that could 
    reasonably be expected to result in an unauthorized disclosure of 
    classified information;
        (2) any knowing, willful, or negligent action to classify or 
    continue the classification of information contrary to the 
    requirements of this order or its implementing directives; or
        (3) any knowing, willful, or negligent action to create or 
    continue a special access program contrary to the requirements of 
    this order.
    (c) ``Infraction'' means any knowing, willful, or negligent action 
contrary to the requirements of this order or its implementing 
directives that does not comprise a ``violation,'' as defined above.
    Sec. 5.2. Program Direction. (a) The Director of the Information 
Security Oversight Office, under the direction of the Archivist of the 
United States and 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 Information Security Oversight Office 
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 Archivist of the United States shall delegate the 
implementation and monitorship functions of this program to the Director 
of the Information Security Oversight Office.
    (c) The Security Policy Board, established by a Presidential 
Decision Directive, shall make a recommendation to the President through 
the Assistant to the President for National Security Affairs with 
respect to the issuance of a Presidential directive on safeguarding 
classified information. The Presidential directive shall pertain to the 
handling, storage, distribution, transmittal, and destruction of and 
accounting for classified information.
    Sec. 5.3. Information Security Oversight Office. (a) There is 
established within the National Archives and Records Administration an 
Information Security Oversight Office. The Archivist of the United 
States shall appoint the Director of the Information Security Oversight 
Office, subject to the approval of the President.
    (b) Under the direction of the Archivist of the United States, 
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 President through the 
    Assistant to the President for National Security Affairs within 60 
    days of the request for access. Access shall be denied pending the 
    response,[;]
        (5) review requests for original classification authority from 
    agencies or officials not granted original classification authority 
    and, if deemed appropriate, recommend Presidential approval through 
    the Director of the Office of Management and Budget;
        (6) consider and take action on complaints and suggestions from 
    persons within or outside the Government with respect to the 
    administration of the program established under this order;
        (7) have the authority to prescribe, after consultation with 
    affected agencies, standardization of forms or procedures that will 
    promote the implementation of the program established under this 
    order;
        (8) report at least annually to the President on the 
    implementation of this order; and
        (9) convene and chair interagency meetings to discuss matters 
    pertaining to the program established by this order.
    Sec. 5.4. Interagency Security Classification Appeals Panel.
    (a) Establishment and Administration.
        (1) There is established an Interagency Security Classification 
    Appeals Panel (``Panel''). The Secretaries of State and Defense, the 
    Attorney General, the Director of Central Intelligence, the 
    Archivist of the United States, and the Assistant to the President 
    for National Security Affairs shall each appoint a senior level 
    representative to serve as a member of the Panel. The President 
    shall select the Chair of the Panel from among the Panel members.
        (2) A vacancy on the Panel shall be filled as quickly as 
    possible as provided in paragraph (1), above.
        (3) The Director of the Information Security Oversight Office 
    shall serve as the Executive Secretary. The staff of the Information 
    Security Oversight Office shall provide program and administrative 
    support for the Panel.
        (4) The members and staff of the Panel shall be required to meet 
    eligibility for access standards in order to fulfill the Panel's 
    functions.
        (5) The Panel shall meet at the call of the Chair. The Chair 
    shall schedule meetings as may be necessary for the Panel to fulfill 
    its functions in a timely manner.
        (6) The Information Security Oversight Office shall include in 
    its reports to the President a summary of the Panel's activities.
    (b) Functions. The Panel shall:
        (1) decide on appeals by persons who have filed classification 
    challenges under section 1.9 of this order;
        (2) approve, deny, or amend agency exemptions from automatic 
    declassification as provided in section 3.4 of this order; and
        (3) decide on appeals by persons or entities who have filed 
    requests for mandatory declassification review under section 3.6 of 
    this order.
    (c) Rules and Procedures. The Panel shall issue bylaws, which shall 
be published in the Federal Register no later than 120 days from the 
effective date of this order. The bylaws shall establish the rules and 
procedures that the Panel will follow in accepting, considering, and 
issuing decisions on appeals. The rules and procedures of the Panel 
shall provide that the Panel will consider appeals only on actions in 
which: (1) the appellant has exhausted his or her administrative 
remedies within the responsible agency; (2) there is no current action 
pending on the issue within the federal courts; and (3) the information 
has not been the subject of review by the federal courts or the Panel 
within the past 2 years.
    (d) Agency heads will cooperate fully with the Panel so that it can 
fulfill its functions in a timely and fully informed manner. An agency 
head may appeal a decision of the Panel to the President through the 
Assistant to the President for National Security Affairs. The Panel will 
report to the President through the Assistant to the President for 
National Security Affairs any instance in which it believes that an 
agency head is not cooperating fully with the Panel.
    (e) The Appeals Panel is established for the sole purpose of 
advising and assisting the President in the discharge of his 
constitutional and discretionary authority to protect the national 
security of the United States. Panel decisions are committed to the 
discretion of the Panel, unless reversed by the President.
    Sec. 5.5. Information Security Policy Advisory Council.
    (a) Establishment. There is established an Information Security 
Policy Advisory Council (``Council''). The Council shall be composed of 
seven members appointed by the President for staggered terms not to 
exceed 4 years, from among persons 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 Director of the Office of Management 
    and Budget, or such other executive branch officials as it deems 
    appropriate, on policies established under this order or its 
    implementing directives, including recommended changes to those 
    policies;
        (2) provide recommendations to agency heads for specific subject 
    areas for systematic declassification review; and
        (3) serve as a forum to discuss policy issues in dispute.
    (c) Meetings. The Council shall meet at least twice each calendar 
year, and as determined by the Assistant to the President for National 
Security Affairs or the Director of the Office of Management and Budget.
    (d) Administration.
        (1) Each Council member may be compensated at a rate of pay not 
    to exceed the daily equivalent of the annual rate of basic pay in 
    effect for grade GS-18 of the general schedule under section 5376 of 
    title 5, United States Code, for each day during which that member 
    is engaged in the actual performance of the duties of the Council.
        (2) While away from their homes or regular place of business in 
    the actual performance of the duties of the Council, members may be 
    allowed travel expenses, including per diem in lieu of subsistence, 
    as authorized by law for persons serving intermittently in the 
    Government service (5 U.S.C. 5703(b)).
        (3) To the extent permitted by law and subject to the 
    availability of funds, the Information Security Oversight Office 
    shall provide the Council with administrative services, facilities, 
    staff, and other support services necessary for the performance of 
    its functions.
        (4) Notwithstanding any other Executive order, the functions of 
    the President under the Federal Advisory Committee Act, as amended 
    [5 App. U.S.C.], that are applicable to the Council, except that of 
    reporting to the Congress, shall be performed by the Director of the 
    Information Security Oversight Office in accordance with the 
    guidelines and procedures established by the General Services 
    Administration.
    Sec. 5.6. General Responsibilities. Heads of agencies that originate 
or handle classified information shall:
    (a) demonstrate personal commitment and commit senior management to 
the successful implementation of the program established under this 
order;
    (b) commit necessary resources to the effective implementation of 
the program established under this order; and
    (c) designate a senior agency official to direct and administer the 
program, whose responsibilities shall include:
        (1) overseeing the agency's program established under this 
    order, provided, an agency head may designate a separate official to 
    oversee special access programs authorized under this order. This 
    official shall provide a full accounting of the agency's special 
    access programs at least annually;
        (2) promulgating implementing regulations, which shall be 
    published in the Federal Register to the extent that they affect 
    members of the public;
        (3) establishing and maintaining security education and training 
    programs;
        (4) establishing and maintaining an ongoing self-inspection 
    program, which shall include the periodic review and assessment of 
    the agency's classified product;
        (5) establishing procedures to prevent unnecessary access to 
    classified information, including procedures that: (i) require that 
    a need for access to classified information is established before 
    initiating administrative clearance procedures; and (ii) ensure that 
    the number of persons granted access to classified information is 
    limited to the minimum consistent with operational and security 
    requirements and needs;
        (6) developing special contingency plans for the safeguarding of 
    classified information used in or near hostile or potentially 
    hostile areas;
        (7) assuring that the performance contract or other system used 
    to rate civilian or military personnel performance includes the 
    management of classified information as a critical element or item 
    to be evaluated in the rating of: (i) original classification 
    authorities; (ii) security managers or security specialists; and 
    (iii) all other personnel whose duties significantly involve the 
    creation or handling of classified information;
        (8) accounting for the costs associated with the implementation 
    of this order, which shall be reported to the Director of the 
    Information Security Oversight Office for publication; and
        (9) assigning in a prompt manner agency personnel to respond to 
    any request, appeal, challenge, complaint, or suggestion arising out 
    of this order that pertains to classified information that 
    originated in a component of the agency that no longer exists and 
    for which there is no clear successor in function.
    Sec. 5.7. Sanctions. (a) If the Director of the Information Security 
Oversight Office finds that a violation of this order or its 
implementing directives may have occurred, the Director shall make a 
report to the head of the agency or to the senior agency official so 
that corrective steps, if appropriate, may be taken.
    (b) Officers and employees of the United States Government, and its 
contractors, licensees, certificate holders, and grantees shall be 
subject to appropriate sanctions if they knowingly, willfully, or 
negligently:
        (1) disclose to unauthorized persons information properly 
    classified under this order or predecessor orders;
        (2) classify or continue the classification of information in 
    violation of this order or any implementing directive;
        (3) create or continue a special access program contrary to the 
    requirements of this order; or
        (4) contravene any other provision of this order or its 
    implementing directives.
    (c) Sanctions may include reprimand, suspension without pay, 
removal, termination of classification authority, loss or denial of 
access to classified information, or other sanctions in accordance with 
applicable law and agency regulation.
    (d) The agency head, senior agency official, or other supervisory 
official shall, at a minimum, promptly remove the classification 
authority of any individual who demonstrates reckless disregard or a 
pattern of error in applying the classification standards of this order.
    (e) The agency head or senior agency official shall:
        (1) take appropriate and prompt corrective action when a 
    violation or infraction under paragraph (b), above, occurs; and
        (2) notify the Director of the Information Security Oversight 
    Office when a violation under paragraph (b)(1), (2) or (3), above, 
    occurs.

                   PART 6--GENERAL PROVISIONS

    Sec. 6.1. General Provisions. (a) Nothing in this order shall 
supersede any requirement made by or under the Atomic Energy Act of 
1954, as amended [42 U.S.C. 2011 et seq.], or the National Security Act 
of 1947, as amended [act July 26, 1947, see Short Title note set out 
under section 401 of this title]. ``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 [5 U.S.C. 552], the Privacy Act [5 U.S.C. 
552a], 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.

     Officials Designated To Classify National Security Information

    Executive Secretary of National Security Council designated to 
exercise authority of President to classify certain information 
originally as ``Top Secret'' by section 7(b) of Ex. Ord. No. 13010, July 
15, 1996, 61 F.R. 37347, as amended, set out as a note under section 
5195 of Title 42, The Public Health and Welfare.
    Order of President of the United States, dated Oct. 13, 1995, 60 
F.R. 53845, provided:
    Pursuant to the provisions of Section 1.4 of Executive Order No. 
12958 of April 17, 1995, entitled ``Classified National Security 
Information,'' [set out above] I hereby designate the following 
officials to classify information originally as ``Top Secret'', 
``Secret'', or ``Confidential'':

                           TOP SECRET


                   Executive Office of the President:

    The Vice President
    The Chief of Staff to the President
    The Director, Office of Management and Budget
    The Assistant to the President for National Security Affairs
    The Director, Office of National Drug Control Policy
    The Chairman, President's Foreign Intelligence Advisory Board


                        Departments and Agencies:

    The Secretary of State
    The Secretary of the Treasury
    The Secretary of Defense
    The Secretary of the Army
    The Secretary of the Navy
    The Secretary of the Air Force
    The Attorney General
    The Secretary of Energy
    The Chairman, Nuclear Regulatory Commission
    The Director, United States Arms Control and Disarmament Agency
    The Director of Central Intelligence
    The Administrator, National Aeronautics and Space Administration
    The Director, Federal Emergency Management Agency

                             SECRET


                   Executive Office of the President:

    The United States Trade Representative
    The Chairman, Council of Economic Advisers
    The Director, Office of Science and Technology Policy


                        Departments and Agencies:

    The Secretary of Commerce
    The Secretary of Transportation
    The Administrator, Agency for International Development
    The Director, United States Information Agency

                          CONFIDENTIAL

    The President, Export-Import Bank of the United States
    The President, Overseas Private Investment Corporation
    Any delegation of this authority shall be in accordance with Section 
1.4(c) of Executive Order No. 12958.
    This Order shall be published in the Federal Register.
                                                     William J. Clinton.

    [For abolition of United States Arms Control and Disarmament Agency 
and United States Information Agency (other than Broadcasting Board of 
Governors and International Broadcasting Bureau), transfer of functions, 
and treatment of references, see sections 6511-6521, 6531, 6532, and 
6551 of Title 22, Foreign Relations and Intercourse.]
    Order of President of the United States, dated Feb. 27, 1996, 61 
F.R. 7977, provided:
    Pursuant to the provisions of section 1.4 of Executive Order No. 
12958 of April 17, 1995, entitled ``Classified National Security 
Information,'' [set out above] I hereby designate the following 
additional officials to classify information originally as ``Top 
Secret'':
    The Chair, Commission on the Roles and Capabilities of the United 
States Intelligence Community
    The Director, National Counterintelligence Center
    The Chair of the Commission on the Roles and Capabilities of the 
United States Intelligence Community, shall exercise the authority to 
classify information originally as ``Top Secret'' during the existence 
of the Commission and for such time afterwards as may be necessary to 
complete the Commission's administrative affairs.
    The authority of the Director of the National Counterintelligence 
Center to classify information originally as ``Top Secret'' is limited 
to those circumstances in which the original classification of 
information is necessary in order for the Center to fulfill its mission 
and functions.
    Any delegation of this authority shall be in accordance with section 
1.4(c) of Executive Order No. 12958.
    This order shall be published in the Federal Register.
                                                     William J. Clinton.

    Order of President of the United States, dated Feb. 26, 1997, 62 
F.R. 9349, provided:
    Pursuant to the provisions of section 1.4 of Executive Order 12958 
of April 17, 1995, entitled ``Classified National Security 
Information,'' [set out above] I hereby designate the following 
additional official to classify information originally as ``Top 
Secret'':
    The Chair, President's Commission on Critical Infrastructure 
Protection.
    The Chair of the President's Commission on Critical Infrastructure 
Protection, established under Executive Order 13010 of July 15, 1996 [42 
U.S.C. 5195 note], shall exercise the authority to classify information 
originally as ``Top Secret'' during the existence of the Commission.
    Any delegation of this authority shall be in accordance with section 
1.4(c) of Executive Order 12958.
    This order shall be published in the Federal Register.
                                                     William J. Clinton.

          Ex. Ord. No. 12968. Access to Classified Information

    Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, provided:
    The national interest requires that certain information be 
maintained in confidence through a system of classification in order to 
protect our citizens, our democratic institutions, and our participation 
within the community of nations. The unauthorized disclosure of 
information classified in the national interest can cause irreparable 
damage to the national security and loss of human life.
    Security policies designed to protect classified information must 
ensure consistent, cost effective, and efficient protection of our 
Nation's classified information, while providing fair and equitable 
treatment to those Americans upon whom we rely to guard our national 
security.
    This order establishes a uniform Federal personnel security program 
for employees who will be considered for initial or continued access to 
classified information.
    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--DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION, FINANCIAL 
                   DISCLOSURE, AND OTHER ITEMS

    Section 1.1. Definitions. For the purposes of this order: (a) 
``Agency'' means any ``Executive agency,'' as defined in 5 U.S.C. 105, 
the ``military departments,'' as defined in 5 U.S.C. 102, and any other 
entity within the executive branch that comes into the possession of 
classified information, including the Defense Intelligence Agency, 
National Security Agency, and the National Reconnaissance Office.
    (b) ``Applicant'' means a person other than an employee who has 
received an authorized conditional offer of employment for a position 
that requires access to classified information.
    (c) ``Authorized investigative agency'' means an agency authorized 
by law or regulation to conduct a counterintelligence investigation or 
investigation of persons who are proposed for access to classified 
information to ascertain whether such persons satisfy the criteria for 
obtaining and retaining access to such information.
    (d) ``Classified information'' means information that has been 
determined pursuant to Executive Order No. 12958 [set out above], or any 
successor order, Executive Order No. 12951 [set out above], or any 
successor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 [et 
seq.]), to require protection against unauthorized disclosure.
    (e) ``Employee'' means a person, other than the President and Vice 
President, employed by, detailed or assigned to, an agency, including 
members of the Armed Forces; an expert or consultant to an agency; an 
industrial or commercial contractor, licensee, certificate holder, or 
grantee of an agency, including all subcontractors; a personal services 
contractor; or any other category of person who acts for or on behalf of 
an agency as determined by the appropriate agency head.
    (f) ``Foreign power'' and ``agent of a foreign power'' have the 
meaning provided in 50 U.S.C. 1801.
    (g) ``Need for access'' means a determination that an employee 
requires access to a particular level of classified information in order 
to perform or assist in a lawful and authorized governmental function.
    (h) ``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.
    (i) ``Overseas Security Policy Board'' means the Board established 
by the President to consider, develop, coordinate and promote policies, 
standards and agreements on overseas security operations, programs and 
projects that affect all United States Government agencies under the 
authority of a Chief of Mission.
    (j) ``Security Policy Board'' means the Board established by the 
President to consider, coordinate, and recommend policy directives for 
U.S. security policies, procedures, and practices.
    (k) ``Special access program'' has the meaning provided in section 
4.1 of Executive Order No. 12958 [set out above], or any successor 
order.
    Sec. 1.2. Access to Classified Information. (a) No employee shall be 
granted access to classified information unless that employee has been 
determined to be eligible in accordance with this order and to possess a 
need-to-know.
    (b) Agency heads shall be responsible for establishing and 
maintaining an effective program to ensure that access to classified 
information by each employee is clearly consistent with the interests of 
the national security.
    (c) Employees shall not be granted access to classified information 
unless they:
    (1) have been determined to be eligible for access under section 3.1 
of this order by agency heads or designated officials based upon a 
favorable adjudication of an appropriate investigation of the employee's 
background;
    (2) have a demonstrated need-to-know; and
    (3) have signed an approved nondisclosure agreement.
    (d) All employees shall be subject to investigation by an 
appropriate government authority prior to being granted access to 
classified information and at any time during the period of access to 
ascertain whether they continue to meet the requirements for access.
    (e)(1) All employees granted access to classified information shall 
be required as a condition of such access to provide to the employing 
agency written consent permitting access by an authorized investigative 
agency, for such time as access to classified information is maintained 
and for a period of 3 years thereafter, to:
    (A) relevant financial records that are maintained by a financial 
institution as defined in 31 U.S.C. 5312(a) or by a holding company as 
defined in section 1101(6) of the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3401[(6)]);
    (B) consumer reports pertaining to the employee under the Fair 
Credit Reporting Act (15 U.S.C. 1681a [1681 et seq.]); and
    (C) records maintained by commercial entities within the United 
States pertaining to any travel by the employee outside the United 
States.
    (2) Information may be requested pursuant to employee consent under 
this section where:
    (A) there are reasonable grounds to believe, based on credible 
information, that the employee or former employee is, or may be, 
disclosing classified information in an unauthorized manner to a foreign 
power or agent of a foreign power;
    (B) information the employing agency deems credible indicates the 
employee or former employee has incurred excessive indebtedness or has 
acquired a level of affluence that cannot be explained by other 
information; or
    (C) circumstances indicate the employee or former employee had the 
capability and opportunity to disclose classified information that is 
known to have been lost or compromised to a foreign power or an agent of 
a foreign power.
    (3) Nothing in this section shall be construed to affect the 
authority of an investigating agency to obtain information pursuant to 
the Right to Financial Privacy Act [of 1978, 12 U.S.C. 3401 et seq.], 
the Fair Credit Reporting Act [15 U.S.C. 1681 et seq.] or any other 
applicable law.
    Sec. 1.3. Financial Disclosure. (a) Not later than 180 days after 
the effective date of this order, the head of each agency that 
originates, handles, transmits, or possesses classified information 
shall designate each employee, by position or category where possible, 
who has a regular need for access to classified information that, in the 
discretion of the agency head, would reveal:
    (1) the identity of covert agents as defined in the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 [et seq.]);
    (2) technical or specialized national intelligence collection and 
processing systems that, if disclosed in an unauthorized manner, would 
substantially negate or impair the effectiveness of the system;
    (3) the details of:
    (A) the nature, contents, algorithm, preparation, or use of any 
code, cipher, or cryptographic system or;
    (B) the design, construction, functioning, maintenance, or repair of 
any cryptographic equipment; but not including information concerning 
the use of cryptographic equipment and services;
    (4) particularly sensitive special access programs, the disclosure 
of which would substantially negate or impair the effectiveness of the 
information or activity involved; or
    (5) especially sensitive nuclear weapons design information (but 
only for those positions that have been certified as being of a high 
degree of importance or sensitivity, as described in section 145(f) of 
the Atomic Energy Act of 1954, as amended [42 U.S.C. 2165(f)]).
    (b) An employee may not be granted access, or hold a position 
designated as requiring access, to information described in subsection 
(a) unless, as a condition of access to such information, the employee:
    (1) files with the head of the agency a financial disclosure report, 
including information with respect to the spouse and dependent children 
of the employee, as part of all background investigations or 
reinvestigations;
    (2) is subject to annual financial disclosure requirements, if 
selected by the agency head; and
    (3) files relevant information concerning foreign travel, as 
determined by the Security Policy Board.
    (c) Not later than 180 days after the effective date of this order, 
the Security Policy Board shall develop procedures for the 
implementation of this section, including a standard financial 
disclosure form for use by employees under subsection (b) of this 
section, and agency heads shall identify certain employees, by position 
or category, who are subject to annual financial disclosure.
    Sec. 1.4. Use of Automated Financial Record Data Bases. As part of 
all investigations and reinvestigations described in section 1.2(d) of 
this order, agencies may request the Department of the Treasury, under 
terms and conditions prescribed by the Secretary of the Treasury, to 
search automated data bases consisting of reports of currency 
transactions by financial institutions, international transportation of 
currency or monetary instruments, foreign bank and financial accounts, 
transactions under $10,000 that are reported as possible money 
laundering violations, and records of foreign travel.
    Sec. 1.5. Employee Education and Assistance. The head of each agency 
that grants access to classified information shall establish a program 
for employees with access to classified information to: (a) educate 
employees about individual responsibilities under this order; and
    (b) inform employees about guidance and assistance available 
concerning issues that may affect their eligibility for access to 
classified information, including sources of assistance for employees 
who have questions or concerns about financial matters, mental health, 
or substance abuse.

         PART 2--ACCESS ELIGIBILITY POLICY AND PROCEDURE

    Sec. 2.1. Eligibility Determinations. (a) Determinations of 
eligibility for access to classified information shall be based on 
criteria established under this order. Such determinations are separate 
from suitability determinations with respect to the hiring or retention 
of persons for employment by the government or any other personnel 
actions.
    (b) The number of employees that each agency determines are eligible 
for access to classified information shall be kept to the minimum 
required for the conduct of agency functions.
    (1) Eligibility for access to classified information shall not be 
requested or granted solely to permit entry to, or ease of movement 
within, controlled areas when the employee has no need for access and 
access to classified information may reasonably be prevented. Where 
circumstances indicate employees may be inadvertently exposed to 
classified information in the course of their duties, agencies are 
authorized to grant or deny, in their discretion, facility access 
approvals to such employees based on an appropriate level of 
investigation as determined by each agency.
    (2) Except in agencies where eligibility for access is a mandatory 
condition of employment, eligibility for access to classified 
information shall only be requested or granted based on a demonstrated, 
foreseeable need for access. Requesting or approving eligibility in 
excess of actual requirements is prohibited.
    (3) Eligibility for access to classified information may be granted 
where there is a temporary need for access, such as one-time 
participation in a classified project, provided the investigative 
standards established under this order have been satisfied. In such 
cases, a fixed date or event for expiration shall be identified and 
access to classified information shall be limited to information related 
to the particular project or assignment.
    (4) Access to classified information shall be terminated when an 
employee no longer has a need for access.
    Sec. 2.2. Level of Access Approval. (a) The level at which an access 
approval is granted for an employee shall be limited, and relate 
directly, to the level of classified information for which there is a 
need for access. Eligibility for access to a higher level of classified 
information includes eligibility for access to information classified at 
a lower level.
    (b) Access to classified information relating to a special access 
program shall be granted in accordance with procedures established by 
the head of the agency that created the program or, for programs 
pertaining to intelligence activities (including special activities but 
not including military operational, strategic, and tactical programs) or 
intelligence sources and methods, by the Director of Central 
Intelligence. To the extent possible and consistent with the national 
security interests of the United States, such procedures shall be 
consistent with the standards and procedures established by and under 
this order.
    Sec. 2.3. Temporary Access to Higher Levels. (a) An employee who has 
been determined to be eligible for access to classified information 
based on favorable adjudication of a completed investigation may be 
granted temporary access to a higher level where security personnel 
authorized by the agency head to make access eligibility determinations 
find that such access:
    (1) is necessary to meet operational or contractual exigencies not 
expected to be of a recurring nature;
    (2) will not exceed 180 days; and
    (3) is limited to specific, identifiable information that is made 
the subject of a written access record.
    (b) Where the access granted under subsection (a) of this section 
involves another agency's classified information, that agency must 
concur before access to its information is granted.
    Sec. 2.4. Reciprocal Acceptance of Access Eligibility 
Determinations. (a) Except when an agency has substantial information 
indicating that an employee may not satisfy the standards in section 3.1 
of this order, background investigations and eligibility determinations 
conducted under this order shall be mutually and reciprocally accepted 
by all agencies.
    (b) Except where there is substantial information indicating that 
the employee may not satisfy the standards in section 3.1 of this order, 
an employee with existing access to a special access program shall not 
be denied eligibility for access to another special access program at 
the same sensitivity level as determined personally by the agency head 
or deputy agency head, or have an existing access eligibility 
readjudicated, so long as the employee has a need for access to the 
information involved.
    (c) This section shall not preclude agency heads from establishing 
additional, but not duplicative, investigative or adjudicative 
procedures for a special access program or for candidates for detail or 
assignment to their agencies, where such procedures are required in 
exceptional circumstances to protect the national security.
    (d) Where temporary eligibility for access is granted under sections 
2.3 or 3.3 of this order or where the determination of eligibility for 
access is conditional, the fact of such temporary or conditional access 
shall be conveyed to any other agency that considers affording the 
employee access to its information.
    Sec. 2.5. Specific Access Requirement. (a) Employees who have been 
determined to be eligible for access to classified information shall be 
given access to classified information only where there is a need-to-
know that information.
    (b) It is the responsibility of employees who are authorized holders 
of classified information to verify that a prospective recipient's 
eligibility for access has been granted by an authorized agency official 
and to ensure that a need-to-know exists prior to allowing such access, 
and to challenge requests for access that do not appear well-founded.
    Sec. 2.6. Access by Non-United States Citizens. (a) Where there are 
compelling reasons in furtherance of an agency mission, immigrant alien 
and foreign national employees who possess a special expertise may, in 
the discretion of the agency, be granted limited access to classified 
information only for specific programs, projects, contracts, licenses, 
certificates, or grants for which there is a need for access. Such 
individuals shall not be eligible for access to any greater level of 
classified information than the United States Government has determined 
may be releasable to the country of which the subject is currently a 
citizen, and such limited access may be approved only if the prior 10 
years of the subject's life can be appropriately investigated. If there 
are any doubts concerning granting access, additional lawful 
investigative procedures shall be fully pursued.
    (b) Exceptions to these requirements may be permitted only by the 
agency head or the senior agency official designated under section 6.1 
of this order to further substantial national security interests.

              PART 3--ACCESS ELIGIBILITY STANDARDS

    Sec. 3.1. Standards. (a) No employee shall be deemed to be eligible 
for access to classified information merely by reason of Federal service 
or contracting, licensee, certificate holder, or grantee status, or as a 
matter of right or privilege, or as a result of any particular title, 
rank, position, or affiliation.
    (b) Except as provided in sections 2.6 and 3.3 of this order, 
eligibility for access to classified information shall be granted only 
to employees who are United States citizens for whom an appropriate 
investigation has been completed and whose personal and professional 
history affirmatively indicates loyalty to the United States, strength 
of character, trustworthiness, honesty, reliability, discretion, and 
sound judgment, as well as freedom from conflicting allegiances and 
potential for coercion, and willingness and ability to abide by 
regulations governing the use, handling, and protection of classified 
information. A determination of eligibility for access to such 
information is a discretionary security decision based on judgments by 
appropriately trained adjudicative personnel. Eligibility shall be 
granted only where facts and circumstances indicate access to classified 
information is clearly consistent with the national security interests 
of the United States, and any doubt shall be resolved in favor of the 
national security.
    (c) The United States Government does not discriminate on the basis 
of race, color, religion, sex, national origin, disability, or sexual 
orientation in granting access to classified information.
    (d) In determining eligibility for access under this order, agencies 
may investigate and consider any matter that relates to the 
determination of whether access is clearly consistent with the interests 
of national security. No inference concerning the standards in this 
section may be raised solely on the basis of the sexual orientation of 
the employee.
    (e) No negative inference concerning the standards in this section 
may be raised solely on the basis of mental health counseling. Such 
counseling can be a positive factor in eligibility determinations. 
However, mental health counseling, where relevant to the adjudication of 
access to classified information, may justify further inquiry to 
determine whether the standards of subsection (b) of this section are 
satisfied, and mental health may be considered where it directly relates 
to those standards.
    (f) Not later than 180 days after the effective date of this order, 
the Security Policy Board shall develop a common set of adjudicative 
guidelines for determining eligibility for access to classified 
information, including access to special access programs.
    Sec. 3.2. Basis for Eligibility Approval. (a) Eligibility 
determinations for access to classified information shall be based on 
information concerning the applicant or employee that is acquired 
through the investigation conducted pursuant to this order or otherwise 
available to security officials and shall be made part of the 
applicant's or employee's security record. Applicants or employees shall 
be required to provide relevant information pertaining to their 
background and character for use in investigating and adjudicating their 
eligibility for access.
    (b) Not later than 180 days after the effective date of this order, 
the Security Policy Board shall develop a common set of investigative 
standards for background investigations for access to classified 
information. These standards may vary for the various levels of access.
    (c) Nothing in this order shall prohibit an agency from utilizing 
any lawful investigative procedure in addition to the investigative 
requirements set forth in this order and its implementing regulations to 
resolve issues that may arise during the course of a background 
investigation or reinvestigation.
    Sec. 3.3. Special Circumstances. (a) In exceptional circumstances 
where official functions must be performed prior to the completion of 
the investigative and adjudication process, temporary eligibility for 
access to classified information may be granted to an employee while the 
initial investigation is underway. When such eligibility is granted, the 
initial investigation shall be expedited.
    (1) Temporary eligibility for access under this section shall 
include a justification, and the employee must be notified in writing 
that further access is expressly conditioned on the favorable completion 
of the investigation and issuance of an access eligibility approval. 
Access will be immediately terminated, along with any assignment 
requiring an access eligibility approval, if such approval is not 
granted.
    (2) Temporary eligibility for access may be granted only by security 
personnel authorized by the agency head to make access eligibility 
determinations and shall be based on minimum investigative standards 
developed by the Security Policy Board not later than 180 days after the 
effective date of this order.
    (3) Temporary eligibility for access may be granted only to 
particular, identified categories of classified information necessary to 
perform the lawful and authorized functions that are the basis for the 
granting of temporary access.
    (b) Nothing in subsection (a) shall be construed as altering the 
authority of an agency head to waive requirements for granting access to 
classified information pursuant to statutory authority.
    (c) Where access has been terminated under section 2.1(b)(4) of this 
order and a new need for access arises, access eligibility up to the 
same level shall be reapproved without further investigation as to 
employees who were determined to be eligible based on a favorable 
adjudication of an investigation completed within the prior 5 years, 
provided they have remained employed by the same employer during the 
period in question, the employee certifies in writing that there has 
been no change in the relevant information provided by the employee for 
the last background investigation, and there is no information that 
would tend to indicate the employee may no longer satisfy the standards 
established by this order for access to classified information.
    (d) Access eligibility shall be reapproved for individuals who were 
determined to be eligible based on a favorable adjudication of an 
investigation completed within the prior 5 years and who have been 
retired or otherwise separated from United States Government employment 
for not more than 2 years; provided there is no indication the 
individual may no longer satisfy the standards of this order, the 
individual certifies in writing that there has been no change in the 
relevant information provided by the individual for the last background 
investigation, and an appropriate record check reveals no unfavorable 
information.
    Sec. 3.4. Reinvestigation Requirements. (a) Because circumstances 
and characteristics may change dramatically over time and thereby alter 
the eligibility of employees for continued access to classified 
information, reinvestigations shall be conducted with the same priority 
and care as initial investigations.
    (b) Employees who are eligible for access to classified information 
shall be the subject of periodic reinvestigations and may also be 
reinvestigated if, at any time, there is reason to believe that they may 
no longer meet the standards for access established in this order.
    (c) Not later than 180 days after the effective date of this order, 
the Security Policy Board shall develop a common set of reinvestigative 
standards, including the frequency of reinvestigations.

         PART 4--INVESTIGATIONS FOR FOREIGN GOVERNMENTS

    Sec. 4. Authority. Agencies that conduct background investigations, 
including the Federal Bureau of Investigation and the Department of 
State, are authorized to conduct personnel security investigations in 
the United States when requested by a foreign government as part of its 
own personnel security program and with the consent of the individual.

             PART 5--REVIEW OF ACCESS DETERMINATIONS

    Sec. 5.1. Determinations of Need for Access. A determination under 
section 2.1(b)(4) of this order that an employee does not have, or no 
longer has, a need for access is a discretionary determination and shall 
be conclusive.
    Sec. 5.2. Review Proceedings for Denials or Revocations of 
Eligibility for Access. (a) Applicants and employees who are determined 
to not meet the standards for access to classified information 
established in section 3.1 of this order shall be:
    (1) provided as comprehensive and detailed a written explanation of 
the basis for that conclusion as the national security interests of the 
United States and other applicable law permit;
    (2) provided within 30 days, upon request and to the extent the 
documents would be provided if requested under the Freedom of 
Information Act (5 U.S.C. 552) or the Privacy Act (3 U.S.C. 552a), as 
applicable, any documents, records, and reports upon which a denial or 
revocation is based;
    (3) informed of their right to be represented by counsel or other 
representative at their own expense; to request any documents, records, 
and reports as described in section 5.2(a)(2) upon which a denial or 
revocation is based; and to request the entire investigative file, as 
permitted by the national security and other applicable law, which, if 
requested, shall be promptly provided prior to the time set for a 
written reply;
    (4) provided a reasonable opportunity to reply in writing to, and to 
request a review of, the determination;
    (5) provided written notice of and reasons for the results of the 
review, the identity of the deciding authority, and written notice of 
the right to appeal;
    (6) provided an opportunity to appeal in writing to a high level 
panel, appointed by the agency head, which shall be comprised of at 
least three members, two of whom shall be selected from outside the 
security field. Decisions of the panel shall be in writing, and final 
except as provided in subsection (b) of this section; and
    (7) provided an opportunity to appear personally and to present 
relevant documents, materials, and information at some point in the 
process before an adjudicative or other authority, other than the 
investigating entity, as determined by the agency head. A written 
summary or recording of such appearance shall be made part of the 
applicant's or employee's security record, unless such appearance occurs 
in the presence of the appeals panel described in subsection (a)(6) of 
this section.
    (b) Nothing in this section shall prohibit an agency head from 
personally exercising the appeal authority in subsection (a)(6) of this 
section based upon recommendations from an appeals panel. In such case, 
the decision of the agency head shall be final.
    (c) Agency heads shall promulgate regulations to implement this 
section and, at their sole discretion and as resources and national 
security considerations permit, may provide additional review 
proceedings beyond those required by subsection (a) of this section. 
This section does not require additional proceedings, however, and 
creates no procedural or substantive rights.
    (d) When the head of an agency or principal deputy personally 
certifies that a procedure set forth in this section cannot be made 
available in a particular case without damaging the national security 
interests of the United States by revealing classified information, the 
particular procedure shall not be made available. This certification 
shall be conclusive.
    (e) This section shall not be deemed to limit or affect the 
responsibility and power of an agency head pursuant to any law or other 
Executive order to deny or terminate access to classified information in 
the interests of national security. The power and responsibility to deny 
or terminate access to classified information pursuant to any law or 
other Executive order may be exercised only where the agency head 
determines that the procedures prescribed in subsection (a) of this 
section cannot be invoked in a manner that is consistent with national 
security. This determination shall be conclusive.
    (f)(1) This section shall not be deemed to limit or affect the 
responsibility and power of an agency head to make determinations of 
suitability for employment.
    (2) Nothing in this section shall require that an agency provide the 
procedures prescribed in subsection (a) of this section to an applicant 
where a conditional offer of employment is withdrawn for reasons of 
suitability or any other reason other than denial of eligibility for 
access to classified information.
    (3) A suitability determination shall not be used for the purpose of 
denying an applicant or employee the review proceedings of this section 
where there has been a denial or revocation of eligibility for access to 
classified information.

                     PART 6--IMPLEMENTATION

    Sec. 6.1. Agency Implementing Responsibilities. Heads of agencies 
that grant employees access to classified information shall: (a) 
designate a senior agency official to direct and administer the agency's 
personnel security program established by this order. All such programs 
shall include active oversight and continuing security education and 
awareness programs to ensure effective implementation of this order;
    (b) cooperate, under the guidance of the Security Policy Board, with 
other agencies to achieve practical, consistent, and effective 
adjudicative training and guidelines; and
    (c) conduct periodic evaluations of the agency's implementation and 
administration of this order, including the implementation of section 
1.3(a) of this order. Copies of each report shall be provided to the 
Security Policy Board.
    Sec. 6.2. Employee Responsibilities. (a) Employees who are granted 
eligibility for access to classified information shall:
    (1) protect classified information in their custody from 
unauthorized disclosure;
    (2) report all contacts with persons, including foreign nationals, 
who seek in any way to obtain unauthorized access to classified 
information;
    (3) report all violations of security regulations to the appropriate 
security officials; and
    (4) comply with all other security requirements set forth in this 
order and its implementing regulations.
    (b) Employees are encouraged and expected to report any information 
that raises doubts as to whether another employee's continued 
eligibility for access to classified information is clearly consistent 
with the national security.
    Sec. 6.3. Security Policy Board Responsibilities and Implementation. 
(a) With respect to actions taken by the Security Policy Board pursuant 
to sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, 
the Security Policy Board shall make recommendations to the President 
through the Assistant to the President for National Security Affairs for 
implementation.
    (b) Any guidelines, standards, or procedures developed by the 
Security Policy Board pursuant to this order shall be consistent with 
those guidelines issued by the Federal Bureau of Investigation in March 
1994 on Background Investigations Policy/Guidelines Regarding Sexual 
Orientation.
    (c) In carrying out its responsibilities under this order, the 
Security Policy Board shall consult where appropriate with the Overseas 
Security Policy Board. In carrying out its responsibilities under 
section 1.3(c) of this order, the Security Policy Board shall obtain the 
concurrence of the Director of the Office of Management and Budget.
    Sec. 6.4. Sanctions. Employees shall be subject to appropriate 
sanctions if they knowingly and willfully grant eligibility for, or 
allow access to, classified information in violation of this order or 
its implementing regulations. Sanctions may include reprimand, 
suspension without pay, removal, and other actions in accordance with 
applicable law and agency regulations.

                   PART 7--GENERAL PROVISIONS

    Sec. 7.1. Classified Information Procedures Act. Nothing in this 
order is intended to alter the procedures established under the 
Classified Information Procedures Act (18 U.S.C. App.).
    Sec. 7.2. General. (a) Information obtained by an agency under 
sections 1.2(e) or 1.3 of this order may not be disseminated outside the 
agency, except to:
    (1) the agency employing the employee who is the subject of the 
records or information;
    (2) the Department of Justice for law enforcement or 
counterintelligence purposes; or
    (3) any agency if such information is clearly relevant to the 
authorized responsibilities of such agency.
    (b) The Attorney General, at the request of the head of an agency, 
shall render an interpretation of this order with respect to any 
question arising in the course of its administration.
    (c) No prior Executive orders are repealed by this order. To the 
extent that this order is inconsistent with any provision of any prior 
Executive order, this order shall control, except that this order shall 
not diminish or otherwise affect the requirements of Executive Order No. 
10450 [5 U.S.C. 7311 note], the denial and revocation procedures 
provided to individuals covered by Executive Order No. 10865, as amended 
[set out above], or access by historical researchers and former 
presidential appointees under Executive Order No. 12958 [set out above] 
or any successor order.
    (d) If any provision of this order or the application of such 
provision is held to be invalid, the remainder of this order shall not 
be affected.
    (e) This Executive order is intended only to improve the internal 
management of the executive branch and is not intended to, and does not, 
create any right to administrative or judicial review, or any other 
right or benefit or trust responsibility, substantive or procedural, 
enforceable by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
    (f) This order is effective immediately.
                                                     William J. Clinton.
