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NOTES:


Source

(July 26, 1947, ch. 343, title VIII, § 801, as added , title VIII, § 802(a), Oct. 14, 1994, ; amended , title III, § 305(a), Dec. 3, 1999, ; , title III, § 353(b)(2)(B), Nov. 27, 2002, .)

Amendments
2002—Subsec. (b)(2). substituted “congressional intelligence committees” for “Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate”. 1999—Subsec. (a)(3). substituted “travel records, and computers used in the performance of Government duties” for “and travel records”.

Effective Date of 1999 Amendment
, title III, § 305(c), Dec. 3, 1999, , provided that: “The President shall modify the procedures required by section 801(a)(3) of the National Security Act of 1947 [ U.S.C. ] 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 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].”

Declassification of Information
, title VII, Dec. 27, 2000, , provided that: “SEC. . SHORT TITLE. “This title may be cited as the ‘Public Interest Declassification Act of 2000’. “SEC. . FINDINGS. “Congress makes the following findings: “(1) It is in the national interest to establish an effective, coordinated, and cost-effective means by which records on specific subjects of extraordinary public interest that do not undermine the national security interests of the United States may be collected, retained, reviewed, and disseminated to Congress, policymakers in the executive branch, and the public. “(2) Ensuring, through such measures, public access to information that does not require continued protection to maintain the national security interests of the United States is a key to striking the balance between secrecy essential to national security and the openness that is central to the proper functioning of the political institutions of the United States. “SEC. . PUBLIC INTEREST DECLASSIFICATION BOARD. “(a) Establishment.—There is established within the executive branch of the United States a board to be known as the ‘Public Interest Declassification Board’ (in this title referred to as the ‘Board’). “(b) Purposes.—The purposes of the Board are as follows: “(1) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials (including donated historical materials) that are of archival value, including records and materials of extraordinary public interest. “(2) To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions and significant United States national security activities in order to— “(A) support the oversight and legislative functions of Congress; “(B) support the policymaking role of the executive branch; “(C) respond to the interest of the public in national security matters; and “(D) promote reliable historical analysis and new avenues of historical study in national security matters. “(3) To provide recommendations to the President for the identification, collection, and review for declassification of information of extraordinary public interest that does not undermine the national security of the United States, to be undertaken in accordance with a declassification program that has been established or may be established by the President by Executive order. “(4) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on policies deriving from the issuance by the President of Executive orders regarding the classification and declassification of national security information. “(c) Membership.—(1) The Board shall be composed of nine individuals appointed from among citizens of the United States who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives, including individuals who have served in Congress or otherwise in the Federal Government or have otherwise engaged in research, scholarship, or publication in such fields on matters relating to the national security of the United States, of whom— “(A) five shall be appointed by the President; “(B) one shall be appointed by the Speaker of the House of Representatives; “(C) one shall be appointed by the majority leader of the Senate; “(D) one shall be appointed by the minority leader of the Senate; and “(E) one shall be appointed by the minority leader of the House of Representatives. “(2)(A) Of the members initially appointed to the Board by the President— “(i) three shall be appointed for a term of 4 years; “(ii) one shall be appointed for a term of 3 years; and “(iii) one shall be appointed for a term of 2 years. “(B) The members initially appointed to the Board by the Speaker of the House of Representatives or by the majority leader of the Senate shall be appointed for a term of 3 years. “(C) The members initially appointed to the Board by the minority leader of the House of Representatives or the Senate shall be appointed for a term of 2 years. “(D) Any subsequent appointment to the Board shall be for a term of 3 years. “(3) A vacancy in the Board shall be filled in the same manner as the original appointment. A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term. “(4) A member of the Board may be appointed to a new term on the Board upon the expiration of the member’s term on the Board, except that no member may serve more than three full terms on the Board. “(d) Chairperson; Executive Secretary.—(1)(A) The President shall designate one of the members of the Board as the Chairperson of the Board. “(B) The term of service as Chairperson of the Board shall be 2 years. “(C) A member serving as Chairperson of the Board may be redesignated as Chairperson of the Board upon the expiration of the member’s term as Chairperson of the Board, except that no member shall serve as Chairperson of the Board for more than 6 years. “(2) The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Board. “(e) Meetings.—The Board shall meet as needed to accomplish its mission, consistent with the availability of funds. A majority of the members of the Board shall constitute a quorum. “(f) Staff.—Any employee of the Federal Government may be detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege. “(g) Security.—(1) The members and staff of the Board shall, as a condition of appointment to or employment with the Board, hold appropriate security clearances for access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives. “(2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board to classified records or materials of the agency under this title, require the member, the Executive Secretary, or the member of the staff, as the case may be, to— “(A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and “(B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. “(3) The members of the Board, the Executive Secretary of the Board, and the members of the staff of the Board may not use any information acquired in the course of their official activities on the Board for nonofficial purposes. “(4) For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States, and subject to any limitations on access arising under section , and to facilitate the advisory functions of the Board under this title, a member of the Board seeking access to a record or material under this title shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. “(h) Compensation.—(1) Each member of the Board shall receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for positions at ES–1 of the Senior Executive Service under section of title , United States Code, for each day such member is engaged in the actual performance of duties of the Board. “(2) Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter of chapter of title , United States Code, while away from their homes or regular places of business in the performance of the duties of the Board. “(i) Guidance; Annual Budget.—(1) On behalf of the President, the Assistant to the President for National Security Affairs shall provide guidance on policy to the Board. “(2) The Executive Secretary of the Board, under the direction of the Chairperson of the Board and the Board, and acting in consultation with the Archivist of the United States, the Assistant to the President for National Security Affairs, and the Director of the Office of Management and Budget, shall prepare the annual budget of the Board. “(j) Support.—The Information Security Oversight Office may support the activities of the Board under this title. Such support shall be provided on a reimbursable basis. “(k) Public Availability of Records and Reports.—(1) The Board shall make available for public inspection records of its proceedings and reports prepared in the course of its activities under this title to the extent such records and reports are not classified and would not be exempt from release under the provisions of section of title , United States Code. “(2) In making records and reports available under paragraph (1), the Board shall coordinate the release of such records and reports with appropriate officials from agencies with expertise in classified information in order to ensure that such records and reports do not inadvertently contain classified information. “(l) Applicability of Certain Administrative Laws.—The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Board under this title. However, the records of the Board shall be governed by the provisions of the Federal Records Act of 1950 [see References in Text note under section of Title , Indians]. “SEC. . IDENTIFICATION, COLLECTION, AND REVIEW FOR DECLASSIFICATION OF INFORMATION OF ARCHIVAL VALUE OR EXTRAORDINARY PUBLIC INTEREST. “(a) Briefings on Agency Declassification Programs.—(1) As requested by the Board, or by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, the head of any agency with the authority under an Executive order to classify information shall provide to the Board, the Select Committee on Intelligence of the Senate, or the Permanent Select Committee on Intelligence of the House of Representatives, on an annual basis, a summary briefing and report on such agency’s progress and plans in the declassification of national security information. Such briefing shall cover the declassification goals set by statute, regulation, or policy, the agency’s progress with respect to such goals, and the agency’s planned goals and priorities for its declassification activities over the next 2 fiscal years. Agency briefings and reports shall give particular attention to progress on the declassification of records and materials that are of archival value or extraordinary public interest to the people of the United States. “(2)(A) The annual briefing and report under paragraph (1) for agencies within the Department of Defense, including the military departments and the elements of the intelligence community, shall be provided on a consolidated basis. “(B) In this paragraph, the term ‘elements of the intelligence community’ means the elements of the intelligence community specified or designated under section 3(4) of the National Security Act of 1947 ( U.S.C. ). “(b) Recommendations on Agency Declassification Programs.—(1) Upon reviewing and discussing declassification plans and progress with an agency, the Board shall provide to the head of the agency the written recommendations of the Board as to how the agency’s declassification program could be improved. A copy of each recommendation shall also be submitted to the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget. “(2) Consistent with the provisions of section , the Board’s recommendations to the head of an agency under paragraph (1) shall become public 60 days after such recommendations are sent to the head of the agency under that paragraph. “(c) Recommendations on Special Searches for Records of Extraordinary Public Interest.—(1) The Board shall also make recommendations to the President regarding proposed initiatives to identify, collect, and review for declassification classified records and materials of extraordinary public interest. “(2) In making recommendations under paragraph (1), the Board shall consider the following: “(A) The opinions and requests of Members of Congress, including opinions and requests expressed or embodied in letters or legislative proposals. “(B) The opinions and requests of the National Security Council, the Director of Central Intelligence, and the heads of other agencies. “(C) The opinions of United States citizens. “(D) The opinions of members of the Board. “(E) The impact of special searches on systematic and all other on-going declassification programs. “(F) The costs (including budgetary costs) and the impact that complying with the recommendations would have on agency budgets, programs, and operations. “(G) The benefits of the recommendations. “(H) The impact of compliance with the recommendations on the national security of the United States. “(d) President’s Declassification Priorities.—(1) Concurrent with the submission to Congress of the budget of the President each fiscal year under section of title , United States Code, the Director of the Office of Management and Budget shall publish a description of the President’s declassification program and priorities, together with a listing of the funds requested to implement that program. “(2) Nothing in this title shall be construed to substitute or supersede, or establish a funding process for, any declassification program that has been established or may be established by the President by Executive order. “SEC. . PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER INFORMATION. “(a) In General.—Nothing in this title shall be construed to limit the authority of the head of an agency to classify information or to continue the classification of information previously classified by that agency. “(b) Special Access Programs.—Nothing in this title shall be construed to limit the authority of the head of an agency to grant or deny access to a special access program. “(c) Authorities of Director of Central Intelligence.—Nothing in this title shall be construed to limit the authorities of the Director of Central Intelligence as the head of the intelligence community, including the Director’s responsibility to protect intelligence sources and methods from unauthorized disclosure as required by section [now (c)(7)] of the National Security Act of 1947 ( U.S.C. [now (c)(7)]). “(d) Exemptions to Release of Information.—Nothing in this title shall be construed to limit any exemption or exception to the release to the public under this title of information that is protected under subsection (b) of section of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’), or section of title , United States Code (commonly referred to as the ‘Privacy Act’). “(e) Withholding Information From Congress.—Nothing in this title shall be construed to authorize the withholding of information from Congress. “SEC. . STANDARDS AND PROCEDURES. “(a) Liaison.—(1) The head of each agency with the authority under an Executive order to classify information and the head of each Federal Presidential library shall designate an employee of such agency or library to act as liaison to the Board for purposes of this title. “(2) The Board may establish liaison and otherwise consult with such other historical and advisory committees as the Board considers appropriate for purposes of this title. “(b) Limitations on Access.—(1)(A) Except as provided in paragraph (2), if the head of an agency or the head of a Federal Presidential library determines it necessary to deny or restrict access of the Board, or of the agency or library liaison to the Board, to information contained in a record or material, in whole or in part, the head of the agency or the head of the library shall promptly notify the Board in writing of such determination. “(B) Each notice to the Board under subparagraph (A) shall include a description of the nature of the records or materials, and a justification for the determination, covered by such notice. “(2) In the case of a determination referred to in paragraph (1) with respect to a special access program created by the Secretary of Defense, the Director of Central Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board’s request for access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board. “(c) Discretion To Disclose.—At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the public’s interest in the disclosure of records or materials of the agency covered by such review, and still properly classified, outweighs the Government’s need to protect such records or materials, and may release such records or materials in accordance with the provisions of Executive Order No. 12958 [set out below] or any successor order to such Executive order. “(d) Discretion To Protect.—At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public’s need for access to such records or materials, and may deny release of such records or materials in accordance with the provisions of Executive Order No. 12958 or any successor order to such Executive order. “(e) Reports.—(1)(A) Except as provided in paragraph (2), the Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this title, including summary information regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to records or materials under this title. “(B) In this paragraph, the term ‘appropriate congressional committees’ means the Select Committee on Intelligence and the Committee on Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Government Reform of the House of Representatives. “(2) Notwithstanding paragraph (1), notice that the Board has been denied access to records and materials, and a justification for the determination in support of the denial, shall be submitted by the agency denying the access as follows: “(A) In the case of the denial of access to a special access program created by the Secretary of Defense, to the Committees on Armed Services and Appropriations of the Senate and to the Committees on Armed Services and Appropriations of the House of Representatives. “(B) In the case of the denial of access to a special access program created by the Director of Central Intelligence, or by the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating to intelligence sources and methods, to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. “(C) In the case of the denial of access to a special access program created by the Secretary of Energy or the Administrator for Nuclear Security, to the Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate and to the Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives. “SEC. . JUDICIAL REVIEW. “Nothing in this title limits the protection afforded to any information under any other provision of law. This title is not intended and may not be construed to create any right or benefit, substantive or procedural, enforceable against the United States, its agencies, its officers, or its employees. This title does not modify in any way the substantive criteria or procedures for the classification of information, nor does this title create any right or benefit subject to judicial review. “SEC. . FUNDING. “(a) Authorization of Appropriations.—There is hereby authorized to be appropriated to carry out the provisions of this title amounts as follows: “(1) For fiscal year 2001, $650,000. “(2) For each fiscal year after fiscal year 2001, such sums as may be necessary for such fiscal year. “(b) Funding Requests.—The President shall include in the budget submitted to Congress for each fiscal year under section of title , United States Code, a request for amounts for the activities of the Board under this title during such fiscal year. “SEC. . DEFINITIONS. “In this title: “(1) Agency.—(A) Except as provided in subparagraph (B), the term ‘agency’ means the following: “(i) An Executive agency, as that term is defined in section of title , United States Code. “(ii) A military department, as that term is defined in section 102 of such title. “(iii) Any other entity in the executive branch that comes into the possession of classified information. “(B) The term does not include the Board. “(2) Classified material or record.—The terms ‘classified material’ and ‘classified record’ include any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine readable records, and other documentary material, regardless of physical form or characteristics, that has been determined pursuant to Executive order to require protection against unauthorized disclosure in the interests of the national security of the United States. “(3) Declassification.—The term ‘declassification’ means the process by which records or materials that have been classified are determined no longer to require protection from unauthorized disclosure to protect the national security of the United States. “(4) Donated historical material.—The term ‘donated historical material’ means collections of personal papers donated or given to a Federal Presidential library or other archival repository under a deed of gift or otherwise. “(5) Federal presidential library.—The term ‘Federal Presidential library’ means a library operated and maintained by the United States Government through the National Archives and Records Administration under the applicable provisions of the Federal Records Act of 1950 [see References in Text note under section of Title , Indians]. “(6) National security.—The term ‘national security’ means the national defense or foreign relations of the United States. “(7) Records or materials of extraordinary public interest.—The term ‘records or materials of extraordinary public interest’ means records or materials that— “(A) demonstrate and record the national security policies, actions, and decisions of the United States, including— “(i) policies, events, actions, and decisions which led to significant national security outcomes; and “(ii) the development and evolution of significant United States national security policies, actions, and decisions; “(B) will provide a significantly different perspective in general from records and materials publicly available in other historical sources; and “(C) would need to be addressed through ad hoc record searches outside any systematic declassification program established under Executive order. “(8) Records of archival value.—The term ‘records of archival value’ means records that have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government. “SEC. . EFFECTIVE DATE; SUNSET. “(a) Effective Date.—This title shall take effect on the date that is 120 days after the date of the enactment of this Act [Dec. 27, 2000]. “(b) Sunset.—The provisions of this title shall expire 4 years after the date of the enactment of this Act, unless reauthorized by statute.”

Compilation and Organization of Previously Declassified Records
, § 1 [[div. A], title X, § 1075(c), (d)], Oct. 30, 2000, , 1654A–280, provided that: “(c) Compilation and Organization of Records.—The Department of Defense may not be required, when conducting a special search, to compile or organize records that have already been declassified and placed into the public domain. “(d) Special Searches.—For the purpose of this section, the term ‘special search’ means the response of the Department of Defense to any of the following: “(1) A statutory requirement to conduct a declassification review on a specified set of agency records. “(2) An Executive order to conduct a declassification review on a specified set of agency records. “(3) An order from the President or an official with delegated authority from the President to conduct a declassification review on a specified set of agency records.”

Certification and Report Related to Automatic Declassification of Department of Defense Records
, div. A, title X, § 1041(c), (d), Oct. 5, 1999, , 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
, div. C, title XXXI, § 3149, Oct. 5, 1999, , 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; [2259]; U.S.C. ). “(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
, div. C, title XXXI, § 3173, Oct. 5, 1999, , 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 of title , 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 ( U.S.C. ), 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
, div. C, title XXXI, § 3161, Oct. 17, 1998, , as amended by , div. A, title X, § 1067(3), Oct. 5, 1999, ; , § 1 [div. C, title XXXI, § 3193(a)], Oct. 30, 2000, , 1654A–480, 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 ( U.S.C. ). “(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) The Secretary of Energy shall, on a quarterly basis, submit a report to the committees and Assistant to the President specified in subsection (d). The report shall state whether any inadvertent releases described in paragraph (1) occurred during the immediately preceding quarter and, if so, shall identify each such release. “(g) Definition.—In this section, the term ‘Restricted Data’ has the meaning given that term in section y. of the Atomic Energy Act of 1954 ( U.S.C. ).” [, § 1 [div. C, title XXXI, § 3193(b)], Oct. 30, 2000, , 1654A–481, provided that: “The amendment made by subsection (a) [amending section 3161 of , set out above] apply [sic] with respect to inadvertent releases of Restricted Data and Formerly Restricted Data that are discovered on or after the date of the enactment of this Act [Oct. 30, 2000].”]

Secrecy Agreements Used in Intelligence Activities
, title III, § 306, Jan. 6, 1996, , 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
, title IV, § 402, Jan. 6, 1996, , 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 [ U.S.C. ]. “(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 and chapter of title (relating to tort claims). A volunteer under this section shall be covered by and subject to the provisions of chapter of title 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
, title IX, Apr. 30, 1994, , provided that: “SEC. . SHORT TITLE. “This title may be cited as the ‘Protection and Reduction of Government Secrecy Act’. “SEC. . 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. . 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. . 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. . 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 ( 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 of title , 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 of title , 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 of title , 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 of title , 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 of title , 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 . “(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
, div. A, title XI, § 1152, Nov. 30, 1993, , as amended by , div. C, title XXXII, § 3294(e)(2), Oct. 5, 1999, , 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 of title , 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 of title , 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 [ U.S.C. ]); or “(iii) an agency in the Intelligence Community (as defined in section 3(4) of the National Security Act of 1947 ( U.S.C. )). “(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
, div. A, title X, § 1082, Dec. 5, 1991, , as amended by , div. A, title X, § 1036, Oct. 5, 1994, ; , div. A, title X, § 1085, Feb. 10, 1996, , 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 of title , 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 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 of title , 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
, title IV, § 404, Sept. 29, 1988, , 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, F.R. , as amended by Ex. Ord. No. 10816, May 7, 1959, F.R. ; Ex. Ord. No. 10901, Jan. 9, 1961, F.R. ; Ex. Ord. No. 10964, Sept. 20, 1961, F.R. ; Ex. Ord. No. 10985, Jan. 12, 1962, F.R. ; Ex. Ord. No. 11097, Feb. 28, 1963, F.R. ; Ex. Ord. No. 11382, Nov. 28, 1967, F.R. , which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, F.R. , formerly set out below.

Ex. Ord. No. 10865. Safeguarding Classified Information Within Industry
Ex. Ord. No. 10865, Feb. 20, 1960, F.R. , as amended by Ex. Ord. No. 10909, Jan. 17, 1961, F.R. ; Ex. Ord. No. 11382, Nov. 28, 1967, F.R. ; Ex. Ord. No. 12829, § 203(g), Jan. 6, 1993, F.R. ; Ex. Ord. No. 13284, § 15, Jan. 23, 2003, F.R. , 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 Secretary of Homeland Security, the Nuclear Regulatory Commission, the Administrator of the National Aeronautics and Space Administration, and, in section , 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 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 , , and 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, F.R. , 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, F.R. , set out under section of Title , The Public Health and Welfare.

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

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

Executive Order No. 11652
Ex. Ord. No. 11652, Mar. 8, 1972, F.R. , as amended by Ex. Ord. No. 11714, Apr. 24, 1973, F.R. ; Ex. Ord. No. 11862, June 11, 1975, F.R. ; Ex. Ord. No. 12038, Feb. 3, 1978, F.R. , which related to the classification and declassification of national security information and material, was revoked by Ex. Ord. No. 12065, June 28, 1978, F.R. , 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, F.R. , 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 (; U.S.C. , (d)(), (e)()), or (b) The Voluntary Agreement and Program relating to the International Energy Program ( F.R. , April 8, 1975), or (c) Any similar Voluntary Agreement and Program entered into under the Energy Policy and Conservation Act [ U.S.C. 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, F.R. , as amended by Ex. Ord. No. 12148, July 20, 1979, F.R. ; Ex. Ord. No. 12163, Sept. 29, 1979, F.R. , which related to classification and declassification of national security information and material, was revoked by Ex. Ord. No. 12356, Apr. 2, 1982, F.R. , 15557, formerly set out below.

Executive Order No. 12356
Ex. Ord. No. 12356, Apr. 2, 1982, F.R. , 15557, which prescribed a uniform system for classifying, declassifying, and safeguarding national security information, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, F.R. , 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, F.R. , 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 , 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, F.R. , as amended by Ex. Ord. No. 12885, Dec. 14, 1993, F.R. , 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 ( U.S.C. 2011–2286) [ U.S.C. 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 of this title], and the Federal Advisory Committee Act, as amended ( U.S.C. ) [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 [ U.S.C. 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 [ U.S.C. 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 of this title], or Executive Order No. 12333 of December 8, 1981 [ U.S.C. ]. 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 ( 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 [ U.S.C. 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 [ U.S.C. 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 and (b) are revoked as of the effective date of this order. (2) Section is renumbered as Section 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 , 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 is amended by inserting the words “pursuant to Executive Order No. 12829” after the word “information.” (4) Section 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 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, F.R. , 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, U.S.C. , 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.

 
2
I. All unreviewed World War II and earlier records, including:
0
A. RG 18, Army Air Forces 1,722,400 pp.
B. RG 65, Federal Bureau of Investigation 362,500 pp.
C. RG 127, United States Marine Corps 195,000 pp.
D. RG 216, Office of Censorship 112,500 pp.
E. RG 226, Office of Strategic Services 415,000 pp.
F. RG 60, United States Occupation Headquarters 4,422,500 pp.
G. RG 331, Allied Operational and Occupation Headquarters, World War II (including 350 reels of Allied Force Headquarters) 3,097,500 pp.
H. RG 332, United States Theaters of War, World War II 1,182,500 pp.
I. RG 338, Mediterranean Theater of Operations and European Command 9,500,000 pp.
Subtotal for World War II and earlier 21.0 million pp.
2
II. Post-1945 Collections (Military and Civil)
0
A. RG 19, Bureau of Ships, Pre-1950 General Correspondence (selected records) 1,732,500 pp.
B. RG 51, Bureau of the Budget, 52.12 Budget Preparation Branch, 1952–69 142,500 pp.
C. RG 72, Bureau of Aeronautics (Navy) (selected records) 5,655,000 pp.
D. RG 166, Foreign Agricultural Service, Narrative Reports, 1955–61 1,272,500 pp.
E. RG 313, Naval Operating Forces (selected records) 407,500 pp.
F. RG 319, Office of the Chief of Military History
Manuscripts and Background Papers (selected records) 933,000 pp.
G. RG 337, Headquarters, Army Ground Forces (selected records) 1,269,700 pp.
H. RG 341, Headquarters, United States Air Force (selected records) 4,870,000 pp.
I. RG 389, Office of the Provost Marshal General (selected records) 448,000 pp.
J. RG 391, United States Army Regular Army Mobil Units 240,000 pp.
K. RG 428, General Records of the Department of the Navy (selected records) 31,250 pp.
L. RG 472, Army Vietnam Collection (selected records) 5,864,000 pp.
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, F.R. , 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 [ U.S.C. ]. (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, F.R. , as amended by Ex. Ord. No. 12972, Sept. 18, 1995, F.R. ; Ex. Ord. No. 13142, Nov. 19, 1999, F.R. , 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 U.S.C. ; any “Military department” as defined in U.S.C. ; 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 .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.