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covering records listed in disposal schedules. The Archivist 
shall promulgate regulations in accordance with section 
2104(a) of this title to implement this section.
§ 2910. PRESERVATION OF FREEDMEN’S 
BUREAU RECORDS
The Archivist shall preserve the records of the Bureau 
of Refugees, Freedmen, and Abandoned Lands, 
commonly referred to as the “Freedmen’s Bureau”, by 
using—(1) microfilm technology for preservation of the doc -
uments comprising these records so that they can be


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uments comprising these records so that they can be 
maintained for future generations; and
(2) the results of the pilot project with the University 
of Florida to create future partnerships with Howard 
University and other institutions for the purposes of 
indexing these records and making them more easily 
accessible to the public, including historians, genealo -
gists, and students, and for any other purposes deter -
mined by the Archivist.
§ 2911.  DISCLOSURE REQUIREMENT FOR


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mined by the Archivist.
§ 2911.  DISCLOSURE REQUIREMENT FOR 
OFFICIAL BUSINESS CONDUCTED USING 
NON-OFFICIAL ELECTRONIC MESSAGING 
ACCOUNTS
(a) In general.—An officer or employee of an executive 
agency may not create or send a record using a non-offi -
cial electronic messaging account unless such officer or 
employee—
(1) copies an official electronic messaging account 
of the officer or employee in the original creation or 
transmission of the record; or


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transmission of the record; or
(2) forwards a complete copy of the record to an official 
electronic messaging account of the officer or employee 
not later than 20 days after the original creation or 
transmission of the record.
(b) Adverse actions.—The intentional violation of sub -
section (a) (including any rules, regulations, or other im -
plementing guidelines), as determined by the appropriate 
supervisor, shall be a basis for disciplinary action in accor -


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supervisor, shall be a basis for disciplinary action in accor -
dance with subchapter I, II, or V of chapter 75 of title 5, 
as the case may be.
(c) Definitions.—In this section:
(1) Electronic messages.—The term “electronic messag -
es” means electronic mail and other electronic messaging 
systems that are used for purposes of communicating be -
tween individuals.
(2) Electronic messaging account.—The term “elec -
tronic messaging account” means any account that sends 
electronic messages.


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electronic messages.
(3) Executive agency.—The term ‘executive agency’ 
has the meaning given that term in section 105 of 
title 5.


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56 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 57	RECORDS MANAGEMENT BY FEDERAL AGENCIES
(44 U.S.C. Chapter 31)
Sec.
3101.  Records management by agency heads; general duties.
3102. Establishment of program of management.
3103. T ransfer of records to records centers.
3104. Certifications and determinations on transferred 
records.
3105. Safeguards.
3106. Unlawful removal, destruction of records.
3107. Authority of Comptroller General.
§ 3101. RECORDS MANAGEMENT BY AGENCY


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§ 3101. RECORDS MANAGEMENT BY AGENCY 
HEADS; GENERAL DUTIES
The head of each Federal agency shall make and preserve 
records containing adequate and proper documentation 
of the organization, functions, policies, decisions, 
procedures, and essential transactions of the agency and 
designed to furnish the information necessary to protect 
the legal and financial rights of the Government and of 
persons directly affected by the agency’s activities.
§ 3102. ESTABLISHMENT OF PROGRAM OF 
MANAGEMENT


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§ 3102. ESTABLISHMENT OF PROGRAM OF 
MANAGEMENT
The head of each Federal agency shall establish and 
maintain an active, continuing program for the economical 
and efficient management of the records of the agency. 
The program, among other things, shall provide for
(1) effective controls over the creation and over the main -
tenance and use of records in the conduct of current business;
(2) cooperation with the Archivist in applying stan -
dards, procedures, and techniques designed to improve


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dards, procedures, and techniques designed to improve 
the management of records, promote the maintenance 
and security of records deemed appropriate for preserva -
tion, and facilitate the segregation and disposal of records 
of temporary value; and
(3) compliance with sections 2101–2117, 2501–2507, 
2901–2909, and 3101–3107, of this title and the regula -
tions issued under them.
§ 3103. TRANSFER OF RECORDS TO RECORDS 
CENTERS


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§ 3103. TRANSFER OF RECORDS TO RECORDS 
CENTERS
When the head of a Federal agency determines that such action may affect substantial economies or increased 
operating efficiency, the head of such agency shall provide 
for the transfer of records to a records center maintained 
and operated by the Archivist, or, when approved by the 
Archivist, to a center maintained and operated by the 
head of the Federal agency.
§ 3104.  CERTIFICATIONS AND 
DETERMINATIONS ON TRANSFERRED 
RECORDS


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DETERMINATIONS ON TRANSFERRED 
RECORDS
An official of the Government who is authorized to 
certify to facts on the basis of records in such official’s 
custody, may certify to facts on the basis of records that 
have been transferred by such official or such official’s 
predecessors to the Archivist, and may authorize the 
Archivist to certify to facts and to make administrative 
determinations on the basis of records transferred to the 
Archivist, notwithstanding any other law.
§ 3105.  SAFEGUARDS


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Archivist, notwithstanding any other law.
§ 3105.  SAFEGUARDS
The head of each Federal agency shall establish safeguards 
against the removal or loss of records the head of such agency 
determines to be necessary and required by regulations of 
the Archivist. Safeguards shall include making it known to 
officials and employees of the agency—
(1) that records in the custody of the agency are not to 
be alienated or destroyed except in accordance with sec -
tions 3301–3314 of this title, and


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tions 3301–3314 of this title, and
(2) the penalties provided by law for the unlawful re -
moval or destruction of records.
§ 3106. UNLAWFUL REMOVAL, DESTRUCTION 
OF RECORDS
(a) Federal Agency Notification.—The head of each 
Federal agency shall notify the Archivist of any actual, 
impending, or threatened unlawful removal, defacing, 
alteration, corruption, deletion, erasure, or other destruc -
tion of records in the custody of the agency, and with the


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tion of records in the custody of the agency, and with the 
assistance of the Archivist shall initiate action through the 
Attorney General for the recovery of records the head of 
the Federal agency knows or has reason to believe have


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BASIC LAWS and AUTHORITIES  | 57	been unlawfully removed from that agency, or from an -
other Federal agency whose records have been transferred 
to the legal custody of that Federal agency.
(b) Archivist Notification.—In any case in which the 
head of a Federal agency does not initiate an action for 
such recovery or other redress within a reasonable period 
of time after being notified of any such unlawful action 
described in subsection (a), or is participating in, or be -


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described in subsection (a), or is participating in, or be -
lieved to be participating in any such unlawful action, the 
Archivist shall request the Attorney General to initiate 
such an action, and shall notify the Congress when such a 
request has been made.§ 3107.  AUTHORITY OF COMPTROLLER 
GENERAL
Chapters 21, 25, 27,1 29, and 31 of this title do not limit the 
authority of the Comptroller General of the United States 
with respect to prescribing accounting systems, forms,


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with respect to prescribing accounting systems, forms, 
and procedures, or lessen the responsibility of collecting 
and disbursing officers for rendition of their accounts for 
settlement by the Government Accountability Office.
REFERENCES IN TEXT
1 Chapter 27 of this title, referred to in text, was repealed 
by Pub. L. 95–378, §2(a), Sept. 22, 1978, 92 Stat. 723 .
DISPOSAL OF RECORDS
(44 U.S.C. Chapter 33)
Sec.
3301. Definition of records.
3302. Regulations covering lists of records for disposal,


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3302. Regulations covering lists of records for disposal, 
procedure for disposal, and standards for reproduc -
tion.
3303. Lists and schedules of records to be submitted to 
Archivist by head of each Government agency.
3303a.  Examination by Archivist of lists and schedules 
of records lacking preservation value; disposal of 
records.
3308. Disposal of similar records where prior disposal was 
authorized.
3309. Preservation of claims of Government until settled


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3309. Preservation of claims of Government until settled 
in General Accounting Office; disposal authorized 
upon written approval of Comptroller General.
3310. Disposal of records constituting menace to health, 
life, or property.
3311. Destruction of records outside continental United 
States in time of war or when hostile action seems 
imminent; written report to Archivist.
3312. Photographs or microphotographs of records con -
sidered as originals; certified reproductions admis -
sible in evidence.


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sible in evidence.
3313. Moneys from sale of records payable into the 
T reasury.
3314. Procedures for disposal of records exclusive.§ 3301. DEFINITION OF RECORDS
(a) Records Defined.—
(1) In general.—As used in this chapter, the term 
“records”—
(A) includes all recorded information, regardless of 
form or characteristics, made or received by a Feder -
al agency under Federal law or in connection with the 
transaction of public business and preserved or appro -


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transaction of public business and preserved or appro -
priate for preservation by that agency or its legitimate 
successor as evidence of the organization, functions, 
policies, decisions, procedures, operations, or other ac -
tivities of the United States Government or because of 
the informational value of data in them; and
(B) does not include—
(i) library and museum material made or acquired 
and preserved solely for reference or exhibition pur -
poses; or


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poses; or
(ii) duplicate copies of records preserved only for 
convenience.
(2) Recorded information defined.—For purposes of 
paragraph (1), the term “recorded information” includes all 
traditional forms of records, regardless of physical form or 
characteristics, including information created, manipulat -
ed, communicated, or stored in digital or electronic form.
(b) Determination of Definition.—The Archivist’s de -
termination whether recorded information, regardless of


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termination whether recorded information, regardless of 
whether it exists in physical, digital, or electronic form, is


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58 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 59	a record as defined in subsection (a) shall be binding on 
all Federal agencies.
§ 3302. REGULATIONS COVERING LISTS 
OF RECORDS FOR DISPOSAL, PROCEDURE 
FOR DISPOSAL, AND STANDARDS FOR 
REPRODUCTION
The Archivist shall promulgate regulations, not 
inconsistent with this chapter, establishing—
(1) procedures for the compiling and submitting to the 
Archivist of lists and schedules of records proposed for 
disposal,


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disposal,
(2) procedures for the disposal of records authorized for 
disposal, and
(3) standards for the reproduction of records by pho -
tographic, microphotographic, or digital processes with a 
view to the disposal of the original records.
§ 3303. LISTS AND SCHEDULES OF RECORDS 
TO BE SUBMITTED TO THE ARCHIVIST BY 
HEAD OF EACH GOVERNMENT AGENCY
The head of each agency of the United States 
Government shall submit to the Archivist, under 
regulations promulgated as provided by section 3302 of


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regulations promulgated as provided by section 3302 of 
this title—
(1) lists of any records in the custody of the agency that 
have been photographed, microphotographed, or digi -
tized under the regulations and that, as a consequence, do 
not appear to have sufficient value to warrant their further 
preservation by the Government;
(2) lists of other records in the custody of the agency 
not needed by it in the transaction of its current business 
and that do not appear to have sufficient administrative,


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and that do not appear to have sufficient administrative, 
legal, research, or other value to warrant their further 
preservation by the Government; and
(3) schedules proposing the disposal after the lapse of 
specified periods of time of records of a specified form or 
character that either have accumulated in the custody of 
the agency or may accumulate after the submission of the 
schedules and apparently will not after the lapse of the 
period specified have sufficient administrative, legal, re -


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period specified have sufficient administrative, legal, re -
search, or other value to warrant their further preservation 
by the Government.
§ 3303A. EXAMINATION BY ARCHIVIST 
OF LISTS AND SCHEDULES OF RECORDS LACKING PRESERVATION VALUE; DISPOSAL 
OF RECORDS
(a) The Archivist shall examine the lists and schedules 
submitted to the Archivist under section 3303 of this 
title. If the Archivist determines that any of the records 
listed in a list or schedule submitted to the Archivist do


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listed in a list or schedule submitted to the Archivist do 
not, or will not after the lapse of the period specified, have 
sufficient administrative, legal, research, or other value to 
warrant their continued preservation by the Government, 
the Archivist may, after publication of notice in the Fed -
eral Register and an opportunity for interested persons to 
submit comment thereon—
(1) notify the agency to that effect; and
(2) empower the agency to dispose of those records in


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(2) empower the agency to dispose of those records in 
accordance with regulations promulgated under section 
3302 of this title.
(b) Authorizations granted under lists and schedules 
submitted to the Archivist under section 3303 of this 
title, and schedules promulgated by the Archivist un -
der subsection (d) of this section, shall be mandatory, 
subject to section 2909 of this title. As between an au -
thorization granted under lists and schedules submit -


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thorization granted under lists and schedules submit -
ted to the Archivist undersection 3303 of this title and 
an authorization contained in a schedule promulgated 
under subsection (d) of this section, application of the 
authorization providing for the shorter retention pe -
riod shall be required, subject to section 2909 of this 
title.
(c) The Archivist may request advice and counsel 
from the Committee on Oversight and Government Re -
form of the House of Representatives and the Commit -


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form of the House of Representatives and the Commit -
tee on Homeland Security and Governmental Affairs of 
the Senate with respect to the disposal of any particular 
records under this chapter whenever the Archivist con -
siders that—
(1) those particular records may be of special interest 
to the Congress; or
(2) consultation with the Congress regarding the dis -
posal of those particular records is in the public interest.


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(1) those particular records may be of special interest 
to the Congress; or
(2) consultation with the Congress regarding the dis -
posal of those particular records is in the public interest.
However, this subsection does not require the Archivist to 
request such advice and counsel as a regular procedure in 
the general disposal of records under this chapter.
(d) The Archivist shall promulgate schedules autho -
rizing the disposal, after the lapse of specified periods


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rizing the disposal, after the lapse of specified periods 
of time, of records of a specified form or character com -
mon to several or all agencies if such records will not, at


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BASIC LAWS and AUTHORITIES  | 59	the end of the periods specified, have sufficient admin -
istrative, legal, research, or other value to warrant their 
further preservation by the United States Government.
(e) The Archivist may approve and effect the disposal of 
records that are in the Archivist’s legal custody, provided 
that records that had been in the custody of another ex -
isting agency may not be disposed of without the written 
consent of the head of the agency.


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consent of the head of the agency.
(f) The Archivist shall make an annual report to the 
Congress concerning the disposal of records under this 
chapter, including general descriptions of the types of 
records disposed of and such other information as the 
Archivist considers appropriate to keep the Congress ful -
ly informed regarding the disposal of records under this 
chapter.
§ 3308. DISPOSAL OF SIMILAR RECORDS 
WHERE PRIOR DISPOSAL WAS AUTHORIZED
When it appears to the Archivist that an agency has in


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When it appears to the Archivist that an agency has in 
its custody, or is accumulating, records of the same 
form or character as those of the same agency previously 
authorized to be disposed of, he may empower the head of 
the agency to dispose of the records, after they have been 
in existence a specified period of time, in accordance with 
regulations promulgated under section 3302 of this title 
and without listing or scheduling them.
§ 3309. PRESERVATION OF CLAIMS OF 
GOVERNMENT UNTIL SETTLED IN


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§ 3309. PRESERVATION OF CLAIMS OF 
GOVERNMENT UNTIL SETTLED IN 
GOVERNMENT ACCOUNTABILITY OFFICE; 
DISPOSAL AUTHORIZED UPON WRITTEN 
APPROVAL OF COMPTROLLER GENERAL
Records pertaining to claims and demands by or 
against the Government of the United States or to 
accounts in which the Government of the United 
States is concerned, either as debtor or creditor, may 
not be disposed of by the head of an agency under 
authorization granted under this chapter, until the


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authorization granted under this chapter, until the 
claims, demands, and accounts have been settled and 
adjusted in the Government Accountability Office, 
except upon the written approval of the Comptroller 
General of the United States.
§ 3310. DISPOSAL OF RECORDS 
CONSTITUTING MENACE TO HEALTH, LIFE, 
OR PROPERTYWhen the Archivist and the head of the agency that has 
custody of them jointly determine that records in the 
custody of an agency of the United States Government


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custody of an agency of the United States Government 
are a continuing menace to human health or life or 
to property, the Archivist shall eliminate the menace 
immediately by any method he considers necessary. When 
records in the custody of the Archivist are disposed of 
under this section, the Archivist shall report their disposal 
to the agency from which they were transferred.
§ 3311. DESTRUCTION OF RECORDS 
OUTSIDE CONTINENTAL UNITED STATES IN 
TIME OF WAR OR WHEN HOSTILE ACTION


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TIME OF WAR OR WHEN HOSTILE ACTION 
SEEMS IMMINENT; WRITTEN REPORT TO 
ARCHIVIST
During a state of war between the United States and 
another nation, or when hostile action by a foreign 
power appears imminent, the head of an agency of the 
United States Government may authorize the destruction 
of records in his legal custody situated in a military or 
naval establishment, ship, or other depository outside the 
territorial limits of continental United States—


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territorial limits of continental United States—
(1) the retention of which would be prejudicial to the 
interests of the United States or
(2) which occupy space urgently needed for military 
purposes and are, in his opinion, without sufficient ad -
ministrative, legal, research, or other value to warrant 
their continued preservation.
Within six months after their disposal, the official who 
directed the disposal shall submit a written report to the


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directed the disposal shall submit a written report to the 
Archivist in which he shall describe the character of the 
records and state when and where he disposed of them.
§ 3312. PHOTOGRAPHS OR 
MICROPHOTOGRAPHS OF RECORDS 
CONSIDERED AS ORIGINALS; CERTIFIED 
REPRODUCTIONS ADMISSIBLE IN EVIDENCE
Photographs, microphotographs of records, or digitized 
records made in compliance with regulations under 
section 3302 of this title shall have the same effect as the


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section 3302 of this title shall have the same effect as the 
originals and shall be treated as originals for the purpose of


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records made in compliance with regulations under 
section 3302 of this title shall have the same effect as the 
originals and shall be treated as originals for the purpose of 
their admissibility in evidence. Certified or authenticated 
reproductions of the photographs, microphotographs, or 
digitized records shall be admitted in evidence equally 
with the original photographs, microphotographs, or 
digitized records.


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60 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 61	§ 3313. MONEYS FROM SALE OF RECORDS 
PAYABLE INTO THE TREASURY
Money derived by agencies of the Government from the 
sale of records disposed of under this chapter shall be paid 
into the Treasury of the United States unless otherwise 
required by law.§ 3314. PROCEDURES FOR DISPOSAL OF 
RECORDS EXCLUSIVE
The procedures prescribed by this chapter are exclusive, 
and records of the United States Government may not be


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and records of the United States Government may not be 
alienated or destroyed except under this chapter.
COORDINATION OF FEDERAL INFORMATION POLICY
(44 U.S.C. Chapter 35)
Sec.
3501 note   E-Government Act of 2002
  ***
3504. Authority and functions of Director.
  ***
3515. Administrative Powers.
  ***
***
§ 3501 NOTE  E-GOVERNMENT ACT OF 2002
SEC. 207. ACCESSIBILITY, USABILITY, 
AND PRESERVATION OF GOVERNMENT 
INFORMATION.
(a) Purpose.—The purpose of this section [of this


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INFORMATION.
(a) Purpose.—The purpose of this section [of this 
note] is to improve the methods by which Government 
information, including information on the Internet, 
is organized, preserved, and made accessible to the 
public.
 
(b) Definitions.—In this section [of this note], the term—
(1) ‘Committee’ means the Interagency Committee on 
Government Information established under subsection 
(c); and
(2) “directory’ means a taxonomy of subjects linked to 
websites that—


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websites that—
(A) organizes Government information on the Internet 
according to subject matter; and
(B) may be created with the participation of human 
editors.
 
(c) Interagency committee.—
(1) Establishment.—Not later than 180 days after the 
date of enactment of this title [Dec. 17, 2002], the Director shall establish the Interagency Committee on 
Government Information.
(2) Membership.—The Committee shall be chaired by 
the Director or the designee of the Director and


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the Director or the designee of the Director and
(A) Shall include representatives from—
(i) the National Archives and Records Administration;
(ii) the offices of the Chief Information Officers from 
Federal agencies; and
(iii) other relevant officers from the executive branch; and
(B) may include representatives from the Federal 
legislative and judicial branches.
(3) Functions.—The Committee shall—
(A) engage in public consultation to the maximum 
extent feasible, including consultation with interested


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extent feasible, including consultation with interested 
communities such as public advocacy organizations;
(B) conduct studies and submit recommendations, as 
provided under this section [of this note], to the Director 
and Congress; and
(C) share effective practices for access to, dissemination 
of, and retention of Federal information.
(4) Termination.—The Committee may be terminated 
on a date determined by the Director, except the 
Committee may not terminate before the Committee


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Committee may not terminate before the Committee 
submits all recommendations required under this section 
[of this note].
 
(d) Categorizing of information.—
(1) Committee functions.—Not later than 2 years after 
the date of enactment of this Act [Dec. 17, 2002], 
the Committee shall submit recommendations to the 
Director on—
(A) The adoption of standards, which are open to the 
maximum extent feasible, to enable the organization and


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BASIC LAWS and AUTHORITIES  | 61	categorization of Government information—
(i) in a way that is searchable electronically, including by 
searchable identifiers; and
(ii) in ways that are interoperable across agencies;
(B) the definition of categories of Government information 
which should be classified under the standards; and
(C) determining priorities and developing schedules for 
the initial implementation of the standards by agencies.
(2) Functions of the director.—Not later than 1 year after


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(2) Functions of the director.—Not later than 1 year after 
the submission of recommendations under paragraph (1), 
the Director shall issue policies—
(A) Requiring that agencies use standards, which are open 
to the maximum extent feasible, to enable the organization 
and categorization of Government information—
(i) in a way that is searchable electronically, including by 
searchable identifiers;
(ii) in ways that are interoperable across agencies; and


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(ii) in ways that are interoperable across agencies; and
(iii) that are, as appropriate, consistent with the provisions 
under section 3602(f)(8) of title 44, United States Code;
(B) defining categories of Government information which 
shall be required to be classified under the standards; and
(C) determining priorities and developing schedules for 
the initial implementation of the standards by agencies.
(3) Modification of policies.—After the submission of


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(3) Modification of policies.—After the submission of 
agency reports under paragraph (4), the Director shall 
modify the policies, as needed, in consultation with the 
Committee and interested parties.
(4) Agency functions.—Each agency shall report annually 
to the Director, in the report established under section 
202(g) [of this note], on compliance of that agency with 
the policies issued under paragraph (2)(A).
 
(e) Public access to electronic information.—


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(e) Public access to electronic information.—
(1) Committee functions.—Not later than 2 years after 
the date of enactment of this Act [Dec. 17, 2002], 
the Committee shall submit recommendations to the 
Director and the Archivist of the United States on—
(A) the adoption by agencies of policies and procedures 
to ensure that chapters 21, 25, 27, 29, and 31 of title 44, 
United States Code [44 U.S.C.A. §§ 2101 et seq., 2501 
et seq., 2701 et seq., 2901 et seq., and 3101 et seq.], are


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et seq., 2701 et seq., 2901 et seq., and 3101 et seq.], are 
applied effectively and comprehensively to Government 
information on the Internet and to other electronic 
records; and
(B) the imposition of timetables for the implementation 
of the policies and procedures by agencies.(2) Functions of the archivist.—Not later than 1 year after 
the submission of recommendations by the Committee 
under paragraph (1), the Archivist of the United States 
shall issue policies—


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shall issue policies—
(A) requiring the adoption by agencies of policies and 
procedures to ensure that chapters 21, 25, 27, 29, and 31 
of title 44, United States Code [44 U.S.C.A. §§ 2101 et 
seq., 2501 et seq., 2701 et seq., 2901 et seq., and 3101 
et seq.], are applied effectively and comprehensively to 
Government information on the Internet and to other 
electronic records; and
(B) imposing timetables for the implementation of the 
policies, procedures, and technologies by agencies.


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policies, procedures, and technologies by agencies.
(3) Modification of policies.—After the submission of 
agency reports under paragraph (4), the Archivist of the 
United States shall modify the policies, as needed, in 
consultation with the Committee and interested parties.
(4) Agency functions.—Each agency shall report annually 
to the Director, in the report established under section 
202(g) [of this note], on compliance of that agency with 
the policies issued under paragraph (2)(A).


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the policies issued under paragraph (2)(A).
 
(f) Agency websites.—
(1) Standards for agency websites.—Not later than 2 
years after the effective date of this title [Pub.L. 107-347, 
Title II, §§ 201 to 216, Dec. 17, 2002, 116 Stat. 2910; 
see Tables for complete classification], the Director shall 
promulgate guidance for agency websites that includes—
(A) Requirements that websites include direct links to—
(i) descriptions of the mission and statutory authority of 
the agency;


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(A) Requirements that websites include direct links to—
(i) descriptions of the mission and statutory authority of 
the agency;
(ii) information made available to the public under 
subsections (a)(1) and (b) of section 552 of title 5, United 
States Code (commonly referred to as the ‘Freedom of 
Information Act’);
(iii) information about the organizational structure of the 
agency; and
(iv) the strategic plan of the agency developed under 
section 306 of title 5, United States Code; and


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section 306 of title 5, United States Code; and
(B) Minimum agency goals to assist public users to 
navigate agency websites, including—
(i) speed of retrieval of search results;
(ii) the relevance of the results;
(iii) tools to aggregate and disaggregate data; and
(iv) security protocols to protect information.
(2) Agency requirements.—


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62 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 63	(A) Not later than 2 years after the date of enactment of 
this Act [Dec. 17, 2002], each agency shall—
(i) consult with the Committee and solicit public 
comment;
(ii) establish a process for determining which Government 
information the agency intends to make available and 
accessible to the public on the Internet and by other 
means;
(iii) develop priorities and schedules for making 
Government information available and accessible;


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Government information available and accessible;
(iv) make such final determinations, priorities, and 
schedules available for public comment;
(v) post such final determinations, priorities, and 
schedules on the Internet; and
(vi) submit such final determinations, priorities, and 
schedules to the Director, in the report established under 
section 202(g) [of this note].
(B) Each agency shall update determinations, priorities, 
and schedules of the agency, as needed, after consulting


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and schedules of the agency, as needed, after consulting 
with the Committee and soliciting public comment, if 
appropriate.
(3) Public domain directory of public Federal Government 
websites.—
(A) Establishment.—Not later than 2 years after the 
effective date of this title [Pub.L. 107-347, Title II, §§ 
201 to 216, Dec. 17, 2002, 116 Stat. 2910; see Tables 
for complete classification], the Director and each agency 
shall—
(i) develop and establish a public domain directory of


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shall—
(i) develop and establish a public domain directory of 
public Federal Government websites; and
(ii) post the directory on the Internet with a link to 
the integrated Internet-based system established under 
section 204 [of this note].
(B) Development.—With the assistance of each agency, 
the Director shall—
(i) Direct the development of the directory through a 
collaborative effort, including input from—
(I) agency librarians;
(II) information technology managers;
(III) program managers;


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(II) information technology managers;
(III) program managers;
(IV) records managers;
(V) Federal depository librarians; and
(VI) other interested parties; and
(ii) develop a public domain taxonomy of subjects used 
to review and categorize public Federal Government 
websites.(C) Update.—With the assistance of each agency, the 
Administrator of the Office of Electronic Government 
shall—
(i) update the directory as necessary, but not less than 
every 6 months; and


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every 6 months; and
(ii) solicit interested persons for improvements to the 
directory.
(g) Access to Federally funded research and 
development.—
(1) Development and maintenance of Governmentwide 
repository and website.—
(A) Repository and website.—The Director of the Office 
of Management and Budget (or the Director’s delegate), 
in consultation with the Director of the Office of Science 
and Technology Policy and other relevant agencies, shall 
ensure the development and maintenance of—


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ensure the development and maintenance of—
(i) A repository that fully integrates, to the maximum 
extent feasible, information about research and 
development funded by the Federal Government, and the 
repository shall—
(I) Include information about research and development 
funded by the Federal Government, consistent with any 
relevant protections for the information under section 
552 of title 5, United States code, and performed by—
(aa) institutions not a part of the Federal Government,


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(aa) institutions not a part of the Federal Government, 
including State, local, and foreign governments; 
industrial firms; educational institutions; not-for-profit 
organizations; federally funded research and development 
centers; and private individuals; and
(bb) entities of the Federal Government, including 
research and development laboratories, centers, and 
offices; and
(II) Integrate information about each separate research 
and development task or award, including—


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and development task or award, including—
(aa) the dates upon which the task or award is expected 
to start and end;
(bb) a brief summary describing the objective and the 
scientific and technical focus of the task or award;
(cc) the entity or institution performing the task or award 
and its contact information;
(dd) the total amount of Federal funds expected to be 
provided to the task or award over its lifetime and the


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and its contact information;
(dd) the total amount of Federal funds expected to be 
provided to the task or award over its lifetime and the 
amount of funds expected to be provided in each fiscal 
year in which the work of the task or award is ongoing;
(ee) any restrictions attached to the task or award that


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BASIC LAWS and AUTHORITIES  | 63	would prevent the sharing with the general public of any 
or all of the information required by this subsection, and 
the reasons for such restrictions; and
(ff) such other information as may be determined to be 
appropriate; and
(ii) 1 or more websites upon which all or part of the 
repository of Federal research and development shall be 
made available to and searchable by Federal agencies and 
non-Federal entities, including the general public, to 
facilitate—


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facilitate—
(I) the coordination of Federal research and development 
activities;
(II) collaboration among those conducting Federal 
research and development;
(III) the transfer of technology among Federal agencies 
and between Federal agencies and non-Federal entities; 
and
(IV) access by policymakers and the public to information 
concerning Federal research and development activities.
(B) Oversight.—The Director of the Office of 
Management and Budget shall issue any guidance


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Management and Budget shall issue any guidance 
determined necessary to ensure that agencies provide all 
information requested under this subsection.
(2) Agency functions.—Any agency that funds Federal 
research and development under this subsection shall 
provide the information required to populate the 
repository in the manner prescribed by the Director of 
the Office of Management and Budget.
(3) Committee functions.—Not later than 18 months 
after the date of enactment of this Act [Dec. 17, 2002],


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after the date of enactment of this Act [Dec. 17, 2002], 
working with the Director of the Office of Science and 
Technology Policy, and after consultation with interested 
parties, the Committee shall submit recommendations to 
the Director on—
(A) policies to improve agency reporting of information 
for the repository established under this subsection; and
(B) policies to improve dissemination of the results of 
research performed by Federal agencies and federally


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research performed by Federal agencies and federally 
funded research and development centers.
(4) Functions of the director.—After submission of 
recommendations by the Committee under paragraph 
(3), the Director shall report on the recommendations 
of the Committee and Director to Congress, in the 
E-Government report under section 3606 of title 44 (as 
added by this Act) [44 U.S.C.A. § 3606].
(5) Authorization of appropriations.—There are authorized to be appropriated for the development,


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maintenance, and operation of the Governmentwide 
repository and website under this subsection—
(A) $2,000,000 in each of the fiscal years 2003 through 
2005; and
(B) such sums as are necessary in each of the fiscal years 
2006 and 2007.
***
§ 3504. AUTHORITY AND FUNCTIONS OF 
DIRECTOR
(a)(1) The Director [of OMB] shall oversee the use of 
information resources to improve the efficiency and ef -
fectiveness of governmental operations to serve agency


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fectiveness of governmental operations to serve agency 
missions, including burden reduction and service delivery 
to the public. In performing such oversight, the Director 
shall—
(A) develop, coordinate and oversee the implementa -
tion of Federal information resources management pol -
icies, principles, standards, and guidelines; and
 (B) provide direction and oversee—
(i) the review and approval of the collection of infor -
mation and the reduction of the information collection 
burden;


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mation and the reduction of the information collection 
burden;
(ii) agency dissemination of and public access to infor -
mation;
(iii) statistical activities;
(iv) records management activities;
(v) privacy, confidentiality, security,
disclosure, and sharing of information; and
(vi) the acquisition and use of information technolo -
gy, including alternative information technologies that 
provide for electronic submission, maintenance, or dis -
closure of information as a substitute for paper and for


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closure of information as a substitute for paper and for 
the use and acceptance of electronic signatures.
(2) The authority of the Director under this chapter 
shall be exercised consistent with applicable law.
(b) With respect to general information resources man -
agement policy, the Director shall—
(1) develop and oversee the implementation of uniform 
information resources management policies, principles,


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agement policy, the Director shall—
(1) develop and oversee the implementation of uniform 
information resources management policies, principles, 
standards, and guidelines;
(2) foster greater sharing, dissemination, and access to 
public information, including through—


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64 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 65	(A) the use of the Government Information Locator 
Service; and
(B) the development and utilization of common stan -
dards for information collection, storage, processing 
and communication, including standards for security, 
interconnectivity and interoperability;
(3) initiate and review proposals for changes in legisla -
tion, regulations, and agency procedures to improve in -
formation resources management practices;


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formation resources management practices;
(4) oversee the development and implementation of 
best practices in information resources management, in -
cluding training; and
(5) oversee agency integration of program and manage -
ment functions with information resources management 
functions.
(c) With respect to the collection of information and 
the control of paperwork, the Director shall—
(1) review and approve proposed agency collections of 
information;


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information;
(2) coordinate the review of the collection of informa -
tion associated with Federal procurement and acquisition 
by the Office of Information and Regulatory Affairs with 
the Office of Federal Procurement Policy, with particular 
emphasis on applying information technology to improve 
the efficiency and effectiveness of Federal procurement, 
acquisition and payment, and to reduce information col -
lection burdens on the public;
(3) minimize the Federal information collection bur -


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(3) minimize the Federal information collection bur -
den, with particular emphasis on those individuals and 
entities most adversely affected;
(4) maximize the practical utility of and public benefit 
from information collected by or for the Federal Govern -
ment; and
(5) establish and oversee standards and guidelines by 
which agencies are to estimate the burden to comply with 
a proposed collection of information.
(6) publish in the Federal Register and make available


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(6) publish in the Federal Register and make available 
on the Internet (in consultation with the Small Business 
Administration) on an annual basis a list of the compli -
ance assistance resources available to small businesses, 
with the first such publication occurring not later than 
1 year after the date of enactment of the Small Business 
Paperwork Relief Act of 2002.
(d) With respect to information dissemination, the Di -
rector shall develop and oversee the implementation of


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rector shall develop and oversee the implementation of 
policies, principles, standards, and guidelines to—(1) apply to Federal agency dissemination of public in -
formation, regardless of the form or format in which such 
information is disseminated; and
(2) promote public access to public information and 
fulfill the purposes of this chapter, including through the 
effective use of information technology.
(e) With respect to statistical policy and coordination, 
the Director shall—


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the Director shall—
(1) coordinate the activities of the Federal statistical 
system to ensure—
(A) the efficiency and effectiveness of the
 system; and
(B) the integrity, objectivity, impartiality, utility,
 and confidentiality of information collected for statis -
tical purposes;
(2) ensure that budget proposals of agencies are con -
sistent with system-wide priorities for maintaining and 
improving the quality of Federal statistics and prepare an 
annual report on statistical program funding;


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annual report on statistical program funding;
(3) develop and oversee the implementation of Govern -
mentwide policies, principles, standards, and guidelines 
concerning—
(A) statistical collection procedures and methods;
(B) statistical data classification;
(C) statistical information presentation and dissemina -
tion;
(D) timely release of statistical data; and
(E) such statistical data sources as may be required for 
the administration of Federal programs;


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the administration of Federal programs;
(4) evaluate statistical program performance and agen -
cy compliance with Governmentwide policies, principles, 
standards and guidelines;
(5) promote the sharing of information collected for 
statistical purposes consistent with privacy rights and con -
fidentiality pledges;
(6) coordinate the participation of the United States in 
international statistical activities, including the develop -


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fidentiality pledges;
(6) coordinate the participation of the United States in 
international statistical activities, including the develop -
ment of comparable statistics;
(7) appoint a chief statistician who is a trained and ex -
perienced professional statistician to carry out the func -
tions described under this subsection;
(8) carrying out the functions under this subsection 
that shall—
(A) be headed by the chief statistician; and
(B) consist of—
(i) the heads of the major statistical


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BASIC LAWS and AUTHORITIES  | 65	programs; and
(ii) representatives of other statistical
 agencies under rotating membership; and
(9) provide opportunities for training in statistical pol -
icy functions to employees of the Federal Government 
under which—
(A) each trainee shall be selected at the discretion of the 
Director based on agency requests and shall serve under 
the chief statistician for at least 6 months and not more 
than 1 year; and
(B) all costs of the training shall be paid by the


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(B) all costs of the training shall be paid by the
 agency requesting training.
(f) With respect to records management, the Director 
shall—
(1) provide advice and assistance to the Archivist of the 
United States and the Administrator of General Ser -
vices to promote coordination in the administration of 
chapters 29, 31, and 33 of this title with the informa -
tion resources management policies, principles, stan -
dards, and guidelines established under this subchapter;


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dards, and guidelines established under this subchapter;
(2) review compliance by agencies with—
(A) the requirements of chapters 29, 31, and 33 of this 
title; and
(B) regulations promulgated by the Archivist of the 
United States and the Administrator of General Ser -
vices; and
(3) oversee the application of records management pol -
icies, principles, standards, and guidelines, including 
requirements for archiving information maintained in 
electronic format, in the planning and design of infor -


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electronic format, in the planning and design of infor -
mation systems.
(g) With respect to privacy and security, the Director 
shall—
(1) develop and oversee the implementation of policies, 
principles, standards, and guidelines on privacy, confi -
dentiality, security, disclosure and sharing of informa -
tion collected or maintained by or for agencies; and
(2) oversee and coordinate compliance with sections 
552 and 552a of title 5, sections 20 and 21 of the Na -


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552 and 552a of title 5, sections 20 and 21 of the Na -
tional Institute of Standards and Technology Act (15 
U.S.C. 278g-3 and 278g-4), section 11331 of title 40 
and subchapter II of this title, and related information 
management laws.
(h) With respect to Federal information technology, the 
Director shall—
(1) in consultation with the Director of the National Institute of Standards and Technology and the Admin -
istrator of General Services—
(A) develop and oversee the implementation of pol -


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(A) develop and oversee the implementation of pol -
icies, principles, standards, and guidelines for infor -
mation technology functions and activities of the 
Federal Government, including periodic evaluations 
of major information systems; and
(B) oversee the development and implementation of 
standards under section 11331 of title 40;
(2) monitor the effectiveness of, and compliance with, 
directives issued under subtitle III of title 40 and direc -
tives issued under section 322 of title 40;


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tives issued under section 322 of title 40;
(3) coordinate the development and review by the Of -
fice of Information and Regulatory Affairs of policy 
associated with Federal procurement and acquisition 
of information technology with the Office of Federal 
Procurement Policy;
(4) ensure, through the review of agency budget pro -
posals, information resources management plans and 
other means—
(A) agency integration of information resources 
management plans, program plans and budgets for


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management plans, program plans and budgets for 
acquisition and use of information technology; and
(B) the efficiency and effectiveness of inter-agency 
information technology initiatives to improve agen -
cy performance and the accomplishment of agency 
missions; and
(5) promote the use of information technology by the 
Federal Government to improve the productivity, effi -
ciency, and effectiveness of Federal programs, including 
through dissemination of public information and the re -


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through dissemination of public information and the re -
duction of information collection burdens on the public.
***
§ 3511. ESTABLISHMENT AND OPERATION 
OF GOVERNMENT INFORMATION LOCATOR 
SERVICE
(a) In order to assist agencies and the public in locating 
information and to promote information sharing and 
equitable access by the public, the Director shall—
(1) cause to be established and maintained a distributed 
agency-based electronic Government Information


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equitable access by the public, the Director shall—
(1) cause to be established and maintained a distributed 
agency-based electronic Government Information 
Locator Service (hereafter in this section referred to as 
the “Service”), which shall identify the major information 
systems, holdings, and dissemination products of each 
agency;


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66 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 67	(2) require each agency to establish and maintain an 
agency information locator service as a component of, 
and to support the establishment and operation of the 
Service;
(3) in cooperation with the Archivist of the United States, 
the Administrator of General Services, the Director of 
the Government Publishing Office, and the Librarian of 
Congress, establish an interagency committee to advise the


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Congress, establish an interagency committee to advise the 
Secretary of Commerce on the development of technical 
standards for the Service to ensure compatibility, promote 
information sharing, and uniform access by the public;
(4) consider public access and other user needs in the 
establishment and operation of the Service;
(5) ensure the security and integrity of the Service, 
including measures to ensure that only information 
which is intended to be disclosed to the public is disclosed


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which is intended to be disclosed to the public is disclosed 
through the Service; and
(6) periodically review the development and effectiveness of the Service and make recommendations for 
improvement, including other mechanisms for improving 
public access to Federal agency public information.
(b) This section shall not apply to operational files as 
defined by the Central Intelligence Agency Information 
Act (50 U.S.C. 431 et seq.).
***
§ 3515. ADMINISTRATIVE POWERS


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Act (50 U.S.C. 431 et seq.).
***
§ 3515. ADMINISTRATIVE POWERS
Upon the request of the Director, each agency (other than 
an independent regulatory agency) shall, to the extent 
practicable, make its services, personnel, and facilities 
available to the Director for the performance of functions 
under this subchapter.
***
MANAGEMENT AND PROMOTION OF  
ELECTRONIC GOVERNMENT SERVICES
(44 U.S.C. Chapter 36)
Sec. 
 ***
3603. Chief Information Officers Council
 ***
***
§ 3603. CHIEF INFORMATION OFFICERS


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***
***
§ 3603. CHIEF INFORMATION OFFICERS 
COUNCIL
(a) There is established in the executive branch a Chief 
Information Officers Council.
(b) The members of the Council shall be as follows:
(1) The Deputy Director for Management of the Office 
of Management and Budget, who shall act as chairperson 
of the Council.
(2) The Administrator of the Office of Electronic Gov -
ernment.
(3) The Administrator of the Office of Information and


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(3) The Administrator of the Office of Information and 
Regulatory Affairs.(4) The chief information officer of each agency de -
scribed under section 901(b) of title 31.
(5) The chief information officer of the Central Intelli -
gence Agency.
(6) The chief information officer of the Department 
of the Army, the Department of the Navy, and the De -
partment of the Air Force, if chief information officers 
have been designated for such departments under section 
3506(a)(2)(B).


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3506(a)(2)(B).
(7) Any other officer or employee of the United States 
designated by the chairperson.
(c)(1) The Administrator of the Office of Electron -
ic Government shall lead the activities of the Coun -
cil on behalf of the Deputy Director for Management.  
(2)(A) The Vice Chairman of the Council shall be selected 
by the Council from among its members.
(B) The Vice Chairman shall serve a 1-year term, and 
may serve multiple terms.


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BASIC LAWS and AUTHORITIES  | 67	(3) The Administrator of General Services shall provide 
administrative and other support for the Council.
(d) The Council is designated the principal interagency 
forum for improving agency practices related to the de -
sign, acquisition, development, modernization, use, oper -
ation, sharing, and performance of Federal Government 
information resources.
(e) In performing its duties, the Council shall consult 
regularly with representatives of State, local, and tribal


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regularly with representatives of State, local, and tribal 
governments.
(f) The Council shall perform functions that include 
the following:
(1) Develop recommendations for the Director on 
Government information resources management poli -
cies and requirements.
(2) Share experiences, ideas, best practices, and in -
novative approaches related to information resources 
management.
(3) Assist the Administrator in the identification, 
development, and coordination of multiagency proj -


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development, and coordination of multiagency proj -
ects and other innovative initiatives to improve Gov -
ernment performance through the use of information 
technology.
(4) Promote the development and use of common 
performance measures for agency information resourc -
es management under this chapter and title II of the 
E-Government Act of 2002.(5) Work as appropriate with the National Institute 
of Standards and Technology and the Administrator to 
develop recommendations on information technology


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develop recommendations on information technology 
standards developed under section 20 of the National 
Institute of Standards and Technology Act (15 U.S.C. 
278g-3) and promulgated under section 11331 of title 
40, and maximize the use of commercial standards as 
appropriate, including the following:
(A) Standards and guidelines for interconnectivi -
ty and interoperability as described under section 
3504.
(B) Consistent with the process under section 207(d)


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3504.
(B) Consistent with the process under section 207(d) 
of the E-Government Act of 2002, standards and 
guidelines for categorizing Federal Government elec -
tronic information to enable efficient use of technol -
ogies, such as through the use of extensible markup 
language.
(C) Standards and guidelines for Federal Govern -
ment computer system efficiency and security.
(6) Work with the Office of Personnel Management 
to assess and address the hiring, training, classification,


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to assess and address the hiring, training, classification, 
and professional development needs of the Govern -
ment related to information resources management.
(7) Work with the Archivist of the United States to 
assess how the Federal Records Act can be addressed ef -
fectively by Federal information resources management 
activities.
 ***
ATOMIC ENERGY DEFENSE PROVISIONS
(50 U.S.C. §§ 2672, 2673)
§ 2672. PROTECTION AGAINST 
INADVERTENT RELEASE OF RESTRICTED 
DATA AND FORMERLY RESTRICTED DATA


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DATA AND FORMERLY RESTRICTED DATA
(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


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Restricted Data during the automatic declassification of 
records under Executive Order No. 13526 (50 U.S.C. 
3161 note).
(b) Plan elements
The plan under subsection (a) shall include the following:
(1) The actions to be taken in order to ensure that re -
cords subject to Executive Order No. 13526 are reviewed 
on a page-by-page basis for Restricted Data and Formerly


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68 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 69	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 en -
gaged in declassification under that Executive order so


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gaged in declassification under that Executive order so 
that such personnel recognize Restricted Data and For -
merly 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 Na -


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of the Information Security Oversight Office of the Na -
tional Archives and Records Administration, of compli -
ance by Federal agencies with the plan.
(6) Procedures for resolving disagreements among Fed -
eral agencies regarding declassification procedures and de -
cisions under the plan.
(7) The funding, personnel, and other resources re -
quired to carry out the plan.
(8) A timetable for implementation of the plan.
(c) Limitation on declassification of certain records


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(c) Limitation on declassification of certain records
(1) Effective on October 17, 1998, and except as pro -
vided in paragraph (3), a record referred to in subsection 
(a) may not be declassified unless the agency having cus -
tody 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 Re -


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paragraph (1) to contain Restricted Data or Formerly Re -
stricted Data may not be declassified until the Secretary of 
Energy, in conjunction with the head of the agency hav -
ing custody of the record, determines that the document 
is suitable for declassification.
(3) After the date occurring 60 days after the submis -
sion of the plan required by subsection (a) to the com -
mittees referred to in paragraphs (1) and (2) of subsection 
(d), the requirement under paragraph (1) to review a re -


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(d), the requirement under paragraph (1) to review a re -
cord 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.


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(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, in each even-numbered 
year, submit a summary of the results of the periodic 
reviews and evaluations specified in the plan pursuant to 
subsection (b)(5) to the committees and Assistant to the 
President specified in subsection (d).


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President specified in subsection (d).
(f) Report and notification regarding inadvertent releases
(1) The Secretary of Energy shall submit to the com -
mittees and Assistant to the President specified in subsec -
tion (d) a report on inadvertent releases of Restricted Data 
or Formerly Restricted Data under Executive Order No. 
12958 that occurred before October 17, 1998.
(2) The Secretary of Energy shall, in each even-num -
bered year beginning in 2010, submit to the committees


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bered year beginning in 2010, submit to the committees 
and Assistant to the President specified in subsection (d) 
a report identifying any inadvertent releases of Restricted 
Data or Formerly Restricted Data under Executive Order 
No. 13526 discovered in the two-year period preceding 
the submittal of the report.
§ 2673. SUPPLEMENT TO PLAN FOR 
DECLASSIFICATION OF RESTRICTED DATA 
AND FORMERLY RESTRICTED DATA
(a) Supplement to plan
The Secretary of Energy and the Archivist of the United


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§ 2673. SUPPLEMENT TO PLAN FOR 
DECLASSIFICATION OF RESTRICTED DATA 
AND FORMERLY RESTRICTED DATA
(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 2672 of this title.
 
(b) Contents of supplement


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(b) Contents of supplement
The supplement shall provide for the application of that 
plan (including in particular the element of the plan 
required by subsection (b)(1) of section 2672 of this title 
to all records subject to Executive Order No. 12958 that


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BASIC LAWS and AUTHORITIES  | 69	were determined before October 17, 1998, to be suitable 
for declassification.
(c) Limitation on declassification of records
All records referred to in subsection (b) of this section 
shall be treated, for purposes of subsection (c) of section 
2672 of this title, in the same manner as records referred 
to in subsection (a) of such section.
(d) Submission of supplementThe Secretary of Energy shall submit the supplement 
required under subsection (a) of this section to the


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required under subsection (a) of this section to the 
recipients of the plan referred to in subsection (d) of 
section 2672 of this title.
References in Text
Executive Order No. 12958, referred to in subsec. (b), 
which was formerly set out as a note under section 435 
(now section 3161) of this title, was revoked by Ex. Ord. 
No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
DOCUMENTS RELATING TO JAPANESE INTERNMENT
(50 U.S.C. App 1989b-6)
§ 1989B-6. DOCUMENTS RELATING TO THE 
INTERNMENT


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§ 1989B-6. DOCUMENTS RELATING TO THE 
INTERNMENT
(a) Preservation of documents in National Archives 
All documents, personal testimony, and other records cre -
ated or received by the Commission during its inquiry 
shall be kept and maintained by the Archivist of the Unit -
ed States who shall preserve such documents, testimony, 
and records in the National Archives of the United States. 
The Archivist shall make such documents, testimony, and 
records available to the public for research purposes.


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records available to the public for research purposes.
(b) Public availability of certain records of the House of 
Representatives
(1) The Clerk of the House of Representatives is autho -
rized to permit the Archivist of the United States to make 
available for use records of the House not classified for national security purposes, which have been in existence 
for not less than thirty years, relating to the evacuation, 
relocation, and internment of individuals during the evac -


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relocation, and internment of individuals during the evac -
uation, relocation, and internment period.
(2) This subsection is enacted as an exercise of the rulemak -
ing power of the House of Representatives, but is applicable 
only with respect to the availability of records to which it 
applies, and supersedes other rules only to the extent that 
the time limitation established by this section with respect 
to such records is specifically inconsistent with such rules,


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to such records is specifically inconsistent with such rules, 
and is enacted with full recognition of the constitutional 
right of the House to change its rules at any time, in the 
same manner and to the same extent as in the case of any 
other rule of the House.
NAZI WAR CRIMES DISCLOSURE ACT
(5 U.S.C. 552 note)
SECTION 1. SHORT TITLE. <<NOTE: 5 USC 552 
NOTE.>>
This Act may be cited as the “Nazi War Crimes 
Disclosure Act.”
SEC. 2. ESTABLISHMENT OF NAZI WAR 
CRIMINAL RECORDS INTERAGENCY WORKING GROUP.


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CRIMINAL RECORDS INTERAGENCY WORKING GROUP.
(a) Definitions.—In this section the term—
(1) “agency’’ has the meaning given such term under 
section 551 of title 5, United States Code;
(2) “Interagency Group’’ means the Nazi War Criminal 
Records Interagency Working Group established under


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70 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 71	subsection (b);
(3) “Nazi war criminal records’’ has the meaning given 
such term under section 3 of this Act; and
(4) “record’’ means a Nazi war criminal record.
(b) Establishment of Interagency Group.—
(1) In general.—Not later than 60 days after the date 
of enactment of this Act, the President shall establish the 
Nazi War Criminal Records Interagency Working Group, 
which shall remain in existence for 3 years after the date


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which shall remain in existence for 3 years after the date 
the Interagency Group is established.
(2) Membership.—The President shall appoint to the 
Interagency Group individuals whom the President deter -
mines will most completely and effectively carry out the 
functions of the Interagency Group within the time lim -
itations provided in this section, including the Director of 
the Holocaust Museum, the Historian of the Department 
of State, the Archivist of the United States, the head of


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of State, the Archivist of the United States, the head of 
any other agency the President considers appropriate, and 
no more than 4 other persons who shall be members of 
the public, of whom 3 shall be persons appointed under 
the provisions of this Act in effect on October 8, 1998. 
The head of an agency appointed by the President may 
designate an appropriate officer to serve on the Interagen -
cy Group in lieu of the head of such agency.
(3) Initial meeting.—Not later than 90 days after the


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(3) Initial meeting.—Not later than 90 days after the 
date of enactment of this Act, the Interagency Group shall 
hold an initial meeting and begin the functions required 
under this section.
(c) Functions.—Not later than 1 year after the date of 
enactment of this Act, the Interagency Group shall, to 
the greatest extent possible consistent with section 3 of 
this Act—
(1) locate, identify, inventory, recommend for declassi -
fication, and make available to the public at the National


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fication, and make available to the public at the National 
Archives and Records Administration, all classified Nazi 
war criminal records of the United States;
(2) coordinate with agencies and take such actions as 
necessary to expedite the release of such records to the 
public; and
(3) submit a report to Congress, including the Com -
mittee on the Judiciary of the Senate and the Committee 
on Government Reform and Oversight of the House of 
Representatives, describing all such records, the disposi -


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Representatives, describing all such records, the disposi -
tion of such records, and the activities of the Interagency Group and agencies under this section.
(d) Funding.—There are authorized to be appropriated 
such sums as may be necessary to carry out the provisions 
of this Act.
SEC. 3. REQUIREMENT OF DISCLOSURE OF 
RECORDS REGARDING PERSONS WHO 
COMMITTED NAZI WAR CRIMES.
(a) Nazi War Criminal Records.—For purposes of this 
Act, the term “Nazi war criminal records’’ means classified


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Act, the term “Nazi war criminal records’’ means classified 
records or portions of records that—
(1) pertain to any person with respect to whom the 
United States Government, in its sole discretion, has 
grounds to believe ordered, incited, assisted, or otherwise 
participated in the persecution of any person because of 
race, religion, national origin, or political opinion, during 
the period beginning on March 23, 1933, and ending on 
May 8, 1945, under the direction of, or in association 
with—


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May 8, 1945, under the direction of, or in association 
with—
(A) the Nazi government of Germany;
(B) any government in any area  occupied by the mili -
tary forces of the Nazi government of Germany;
(C) any government established with the assistance or 
cooperation of the Nazi government of Germany; or
(D) any government which was an ally of the Nazi gov -
ernment of Germany; or
(2) pertain to any transaction as to which the United States 
Government, in its sole discretion, has grounds to believe—


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Government, in its sole discretion, has grounds to believe—
(A) involved assets taken from persecuted persons 
during the period beginning on March 23, 1933, and 
ending on May 8, 1945, by, under the direction of, 
on behalf of, or under authority granted by the Nazi 
government of Germany or any nation then allied with 
that government; and
(B) such transaction was completed without the assent 
of the owners of those assets or their heirs or assigns or


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government of Germany or any nation then allied with 
that government; and
(B) such transaction was completed without the assent 
of the owners of those assets or their heirs or assigns or 
other legitimate representatives.
(b) Release of Records.—
(1) In general.—Subject to paragraphs (2), (3), and 
(4), the Nazi War Criminal Records Interagency Work -
ing Group shall release in their entirety Nazi war crimi -
nal records that are described in subsection (a).


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nal records that are described in subsection (a).
(2) Exception for privacy, etc.—An agency head may 
exempt from release under paragraph (1) specific infor -


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BASIC LAWS and AUTHORITIES  | 71	mation, that would—
(A) constitute a clearly unwarranted invasion of per -
sonal privacy;
(B) reveal the identity of a confidential human source, 
or reveal information about the application of an intelli -
gence source or method, or reveal the identity of a human 
intelligence source when the unauthorized disclosure of 
that source would clearly and demonstrably damage the 
national security interests of the United States;


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national security interests of the United States;
(C) reveal information that would assist in the devel -
opment or use of weapons of mass destruction;
(D) reveal information that would impair United 
States cryptologic systems or activities;
(E) reveal information that would impair the appli -
cation of state-of-the-art technology within a United 
States weapon system;
(F) reveal actual United States military war plans that 
remain in effect;
(G) reveal information that would seriously and de -


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(G) reveal information that would seriously and de -
monstrably impair relations between the United States 
and a foreign government, or seriously and demon -
strably undermine ongoing diplomatic activities of the 
United States;
(H) reveal information that would clearly and de -
monstrably impair the current ability of United States 
Government officials to protect the President, Vice 
President, and other officials for whom protection ser -
vices, in the interest of national security, are authorized;


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vices, in the interest of national security, are authorized;
(I) reveal information that would seriously and de -
monstrably impair current national security emergency 
preparedness plans; or
(J) violate a treaty or international agreement.
(3) Application of exemptions.—
(A) In general.—In applying the exemptions listed in 
subparagraphs (B) through (J) of paragraph (2), there 
shall be a presumption that the public interest in the 
release of Nazi war criminal records will be served by


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release of Nazi war criminal records will be served by 
disclosure and release of the records. Assertion of such 
exemption may only be made when the agency head 
determines that disclosure and release would be harm -
ful to a specific interest identified in the exemption. 
An agency head who makes such a determination shall 
promptly report it to the committees of Congress with 
appropriate jurisdiction, including the Committee on


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appropriate jurisdiction, including the Committee on 
the Judiciary of the Senate and the Committee on Gov -ernment Reform and Oversight of the House of Rep -
resentatives. The exemptions set forth in paragraph (2) 
shall constitute the only authority pursuant to which 
an agency head may exempt records otherwise subject 
to release under paragraph (1).
(B) Application of title 5.—A determination by an 
agency head to apply an exemption listed in subpara -


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agency head to apply an exemption listed in subpara -
graphs (B) through (I) of paragraph (2) shall be subject 
to the same standard of review that applies in the case 
of records withheld under section 552(b)(1) of title 5, 
United States Code.
(4) Limitation on application.—This subsection shall 
not apply to records—
(A) related to or supporting any active or inactive 
investigation, inquiry, or prosecution by the Office of 
Special Investigations of the Department of Justice; or


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Special Investigations of the Department of Justice; or
(B) solely in the possession, custody, or control of 
that office.
(c) Inapplicability of National Security Act of 1947 Ex -
emption.—Section 701(a) of the National Security Act of 
1947 (50 U.S.C. 431) shall not apply to any operational 
file, or any portion of any operational file, that constitutes 
a Nazi war criminal record under section 3 of this Act.
SEC. 4. EXPEDITED PROCESSING OF FOIA 
REQUESTS FOR NAZI WAR CRIMINAL 
RECORDS.


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REQUESTS FOR NAZI WAR CRIMINAL 
RECORDS.
(a) Expedited Processing.—For purposes of expedited 
processing under section 552(a)(6)(E) of title 5, United 
States Code, any requester of a Nazi war criminal record 
shall be deemed to have a compelling need for such record  
(b) Requester.—For purposes of this section, the term 
“requester’’ means any person who was persecuted in the 
manner described under section 3(a)(1) of this Act who 
requests a Nazi war criminal record.
SEC. 5. EFFECTIVE DATE.


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requests a Nazi war criminal record.
SEC. 5. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall


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manner described under section 3(a)(1) of this Act who 
requests a Nazi war criminal record.
SEC. 5. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect on the date that is 90 days after the date of 
enactment of this Act.
Approved October 8, 1998.


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72 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 73	DISCLOSURE OF INFORMATION ON  
JAPANESE IMPERIAL GOVERNMENT
5 U.S.C. § 552 note
SEC. 801. SHORT TITLE.
This title [this note] may be cited as the ‘Japanese Imperial 
Government Disclosure Act of 2000’.
SEC. 802. DESIGNATION.
(a) Definitions.—In this section:
(1) Agency.—The term ‘agency’ has the meaning given 
such term under section 551 of title 5, United States 
Code .
(2) Interagency Group.—The term ‘Interagency Group’


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Code .
(2) Interagency Group.—The term ‘Interagency Group’ 
means the Nazi War Crimes and Japanese Imperial 
Government Records Interagency Working Group es -
tablished under subsection (b).
(3) Japanese Imperial Government records.—The term 
‘Japanese Imperial Government records’ means classi -
fied records or portions of records that pertain to any 
person with respect to whom the United States Gov -
ernment, in its sole discretion, has grounds to believe


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ernment, in its sole discretion, has grounds to believe 
ordered, incited, assisted, or otherwise participated in 
the experimentation on, and persecution of, any person 
because of race, religion, national origin, or political 
opinion, during the period beginning September 18, 
1931, and ending on December 31, 1948, under the 
direction of, or in association with—
(A) the Japanese Imperial Government;
(B) any government in any area occupied by the mili -
tary forces of the Japanese Imperial Government;


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tary forces of the Japanese Imperial Government;
(C) any government established with the assistance 
or cooperation of the Japanese Imperial Govern -
ment; or
(D) any government which was an ally of the Japa -
nese Imperial Government.
(4) Record.—The term ‘record’ means a Japanese Impe -
rial Government record.
(b) Establishment of Interagency Group.—
(1) In general.—Not later than 60 days after the date of 
the enactment of this Act [Dec. 27, 2000], the President


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the enactment of this Act [Dec. 27, 2000], the President 
shall designate the Working Group established under the Nazi War Crimes Disclosure Act ( Public Law 105-
246; 5 U.S.C. 552 note) to also carry out the purposes 
of this title [this note] with respect to Japanese Imperial 
Government records, and that Working Group shall 
remain in existence for 6 years after the date on which 
this title [this note] takes effect. Such Working Group 
is redesignated as the ‘Nazi War Crimes and Japanese


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is redesignated as the ‘Nazi War Crimes and Japanese 
Imperial Government Records Interagency Working 
Group’.
(2) [Omitted. Amended section 2(b)(2) of Pub.L. 105-
246, set out as a note under this section.]
(c) Functions.—Not later than 1 year after the date of the 
enactment of this Act [Dec. 27, 2000], the Interagency 
Group shall, to the greatest extent possible consistent 
with section 803 [of this note]—
(1) locate, identify, inventory, recommend for declas -


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(1) locate, identify, inventory, recommend for declas -
sification, and make available to the public at the Na -
tional Archives and Records Administration, all clas -
sified Japanese Imperial Government records of the 
United States;
(2) coordinate with agencies and take such actions as 
necessary to expedite the release of such records to the 
public; and
(3) submit a report to Congress, including the Com -
mittee on Government Reform and the Permanent


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mittee on Government Reform and the Permanent 
Select Committee on Intelligence of the House of Rep -
resentatives, and the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate, 
describing all such records, the disposition of such re -
cords, and the activities of the Interagency Group and 
agencies under this section.
(d) Funding.—There is authorized to be appropriated 
such sums as may be necessary to carry out the provisions 
of this title [this note].


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BASIC LAWS and AUTHORITIES  | 73	(a) Release of records.—Subject to subsections (b), (c), 
and (d), the Japanese Imperial Government Records 
Interagency Working Group shall release in their entirety 
Japanese Imperial Government records.
(b) Exemptions.—An agency head may exempt from 
release under subsection (a) specific information, that 
would—
(1) constitute an unwarranted invasion of personal pri -
vacy;
(2) reveal the identity of a confidential human source,


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vacy;
(2) reveal the identity of a confidential human source, 
or reveal information about an intelligence source or 
method when the unauthorized disclosure of that 
source or method would damage the national security 
interests of the United States;
(3) reveal information that would assist in the develop -
ment or use of weapons of mass destruction;
(4) reveal information that would impair United States 
cryptologic systems or activities;
(5) reveal information that would impair the appli -


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(5) reveal information that would impair the appli -
cation of state-of-the-art technology within a United 
States weapon system;
(6) reveal United States military war plans that remain 
in effect;
(7) reveal information that would impair relations be -
tween the United States and a foreign government, or 
undermine ongoing diplomatic activities of the United 
States;
(8) reveal information that would impair the current 
ability of United States Government officials to protect


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ability of United States Government officials to protect 
the President, Vice President, and other officials for 
whom protection services are authorized in the interest 
of national security;
(9) reveal information that would impair current na -
tional security emergency preparedness plans; or
(10) violate a treaty or other international agreement.
(c) Applications of exemptions.—
(1) In general.—In applying the exemptions provided 
in paragraphs (2) through (10) of subsection (b), there


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in paragraphs (2) through (10) of subsection (b), there 
shall be a presumption that the public interest will be served by disclosure and release of the records of the 
Japanese Imperial Government. The exemption may be 
asserted only when the head of the agency that main -
tains the records determines that disclosure and release 
would be harmful to a specific interest identified in the 
exemption. An agency head who makes such a deter -
mination shall promptly report it to the committees of


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mination shall promptly report it to the committees of 
Congress with appropriate jurisdiction, including the 
Committee on the Judiciary and the Select Committee 
on Intelligence of the Senate and the Committee on 
Government Reform and the Permanent Select Com -
mittee on Intelligence of the House of Representatives.
(2) Application of Title 5.—A determination by an 
agency head to apply an exemption provided in para -
graphs (2) through (9) of subsection (b) shall be subject


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graphs (2) through (9) of subsection (b) shall be subject 
to the same standard of review that applies in the case 
of records withheld under section 552(b)(1) of title 5, 
United States Code [subsec. (b)(1) of this section].
(d) Records related to investigations or prosecutions.—
This section shall not apply to records—
(1) related to or supporting any active or inactive in -
vestigation, inquiry, or prosecution by the Office of 
Special Investigations of the Department of Justice; or


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Special Investigations of the Department of Justice; or
(2) solely in the possession, custody, or control of the 
Office of Special Investigations.
SEC. 804. EXPEDITED PROCESSING OF 
REQUESTS FOR JAPANESE IMPERIAL 
GOVERNMENT RECORDS.
For purposes of expedited processing under section 552(a)
(6)(E) of title 5, United States Code, any person who was 
persecuted in the manner described in section 802(a)(3) 
and who requests a Japanese Imperial Government record


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and who requests a Japanese Imperial Government record 
shall be deemed to have a compelling need for such record.
SEC. 805. EFFECTIVE DATE.
The provisions of this title [this note] shall take effect on 
the date that is 90 days after the date of the enactment of 
this Act [Dec. 27, 2000].


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74 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 75	PUBLIC INTEREST DECLASSIFICATION ACT OF 2000,  
AS AMENDED
(50 U.S.C. § 3161  note, Pub. L. 106-567)
SEC. 701. SHORT TITLE.
This title may be cited as the ‘Public Interest 
Declassification Act of 2000’. 
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish an ef -
fective, coordinated, and cost-effective means by which 
records on specific subjects of extraordinary public in -


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records on specific subjects of extraordinary public in -
terest that do not undermine the national security in -
terests 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 protec -
tion to maintain the national security interests of the 
United States is a key to striking the balance between


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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. 703. PUBLIC INTEREST 
DECLASSIFICATION BOARD.
(a) Establishment.—(1) 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’).


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this title referred to as the ‘Board’).
(2) The Board shall report directly to the President or, 
upon designation by the President, the Vice President, the 
Attorney General, or other designee of the President. The 
other designee of the President under this paragraph may 
not be an agency head or official authorized to classify 
information under Executive Order 12958 [formerly set 
out below], or any successor order.
(b) Purposes.—The purposes of the Board are as follows:


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(b) Purposes.—The purposes of the Board are as follows:
(1) To advise the President, the Assistant to the Pres -
ident for National Security Affairs, the Director of the 
Office of Management and Budget, and such other 
executive branch officials as the Board considers ap -
propriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review 
for declassification, and release to Congress, interest -
ed agencies, and the public of declassified records and


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ed 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 thor -
ough, accurate, and reliable documentary record of signifi -
cant United States national security decisions and significant 
United States national security activities in order to—
(A) support the oversight and legislative functions of


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(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 av -
enues of historical study in national security matters.
(3) To provide recommendations to the President for 
the identification, collection, and review for declassifica -
tion of information of extraordinary public interest that


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tion of information of extraordinary public interest that 
does not undermine the national security of the United 
States, to be undertaken in accordance with a declassifica -
tion program that has been established or may be estab -
lished by the President by Executive order.
(4) To advise the President, the Assistant to the Pres -
ident for National Security Affairs, the Director of the 
Office of Management and Budget, and such other exec -
utive branch officials as the Board considers appropriate


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utive branch officials as the Board considers appropriate 
on policies deriving from the issuance by the President of 
Executive orders regarding the classification and declassi -
fication of national security information.
(5) To review and make recommendations to the Pres -
ident in a timely manner with respect to any congressio -
nal request, made by the committee of jurisdiction or by 
a member of the committee of jurisdiction, to declassify


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ident in a timely manner with respect to any congressio -
nal request, made by the committee of jurisdiction or by 
a member of the committee of jurisdiction, to declassify 
certain records, to evaluate the proper classification of cer -
tain records, or to reconsider a declination to declassify 
specific records.


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BASIC LAWS and AUTHORITIES  | 75	(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 Govern -
ment or have otherwise engaged in research, scholarship, 
or publication in such fields on matters relating to the


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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


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(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 ma -
jority leader of the Senate shall be appointed for a term 
of 3 years.
(C) The members initially appointed to the Board by


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(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 from the date of the appointment.
(3) A vacancy in the Board shall be filled in the same 
manner as the original appointment.
(4) A member of the Board may be appointed to a new 
term on the Board upon the expiration of the member’s


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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


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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 ac -
complish its mission, consistent with the availability of 
funds. A majority of the members of the Board shall con -
stitute a quorum.


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stitute 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, mili -
tary, 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


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with the Board, hold appropriate security clearances for 
access to the classified records and materials to be re -
viewed by the Board or its staff, and shall follow the guid -
ance and practices on security under applicable Executive 
orders and Presidential or agency directives.
(2) The head of an agency shall, as a condition of grant -
ing access to a member of the Board, the Executive Sec -
retary of the Board, or a member of the staff of the Board


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retary 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 eligibili -


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recognized under the standard procedures and eligibili -
ty criteria of the agency, including any special access ap -


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of the agency; and
(B) hold an appropriate security clearance granted or 
recognized under the standard procedures and eligibili -
ty criteria of the agency, including any special access ap -
proval 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 offi -
cial activities on the Board for nonofficial purposes.


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cial activities on the Board for nonofficial purposes.
(4) For purposes of any law or regulation governing 
access to classified information that pertains to the na -
tional security of the United States, and subject to any 
limitations on access arising under section 706(b), 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


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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.


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76 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 77	(h) Compensation.—(1) Each member of the Board 
shall receive compensation at a rate not to exceed the dai -
ly equivalent of the annual rate of basic pay payable for 
positions at ES–1 of the Senior Executive Service under 
section 5382 of title 5, United States Code, for each day 
such member is engaged in the actual performance of du -
ties of the Board.
(2) Members of the Board shall be allowed travel ex -


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(2) Members of the Board shall be allowed travel ex -
penses, including per diem in lieu of subsistence at rates 
authorized for employees of agencies under subchapter I 
of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the per -
formance 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.


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Board.
(2) The Executive Secretary of the Board, under the di -
rection of the Chairperson of the Board and the Board, 
and acting in consultation with the Archivist of the Unit -
ed States, the Assistant to the President for National Secu -
rity 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 Of -
fice may support the activities of the Board under this title.


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fice 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 re -
cords 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 552 of title 5, 
United States Code.


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United States Code.
(2) In making records and reports available under para -
graph (1), the Board shall coordinate the release of such 
records and reports with appropriate officials from agen -
cies 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


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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 undersection 450j of 
Title 25, Indians].SEC. 704. IDENTIFICATION, COLLECTION, 
AND REVIEW FOR DECLASSIFICATION OF 
INFORMATION OF ARCHIVAL VALUE OR 
EXTRAORDINARY PUBLIC INTEREST.
(a) Briefings on Agency Declassification Programs.—(1)


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(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 Commit -
tee 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 Represen -


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Select Committee on Intelligence of the House of Represen -
tatives, 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


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give particular attention to progress on the declassification of 
records and materials that are of archival value or extraordi -
nary 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, in -
cluding the military departments and the elements of the 
intelligence community, shall be provided on a consoli -


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(1) for agencies within the Department of Defense, in -
cluding the military departments and the elements of the 
intelligence community, shall be provided on a consoli -
dated basis.
(B) In this paragraph, the term ‘elements of the intelli -
gence community’ means the elements of the intelligence 
community specified or designated under section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 401a(4)) 
[now 50 U.S.C. 3003(4)].
(b) Recommendations on Agency Declassification


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(b) Recommendations on Agency Declassification  
Programs.—(1) Upon reviewing and discussing declassifi -
cation plans and progress with an agency, the Board shall 
provide to the head of the agency the written recommen -
dations of the Board as to how the agency’s declassifica -
tion program could be improved. A copy of each recom -
mendation shall also be submitted to the Assistant to the 
President for National Security Affairs and the Director of 
the Office of Management and Budget.


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the Office of Management and Budget.
(2) Consistent with the provisions of section 703(k), 
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.


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BASIC LAWS and AUTHORITIES  | 77	(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 de -
classification classified records and materials of extraordi -
nary public interest.
(2) In making recommendations under paragraph (1), 
the Board shall consider the following:
(A) The opinions and requests of Members of Con -


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(A) The opinions and requests of Members of Con -
gress, including opinions and requests expressed or 
embodied in letters or legislative proposals, and also 
including specific requests for the declassification of 
certain records or for the reconsideration of declina -
tions to declassify specific records.
(B) The opinions and requests of the National Secu -
rity Council, the Director of National Intelligence, and 
the heads of other agencies.
(C) The opinions of United States citizens.


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(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 im -
pact 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 recommen -
dations on the national security of the United States.


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dations on the national security of the United States.
(d) President’s Declassification Priorities.—(1) Con -
current with the submission to Congress of the budget 
of the President each fiscal year under section 1105 of 
title 31, United States Code, the Director of the Office 
of Management and Budget shall publish a description of 
the President’s declassification program and priorities, to -
gether with a listing of the funds requested to implement 
that program.


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that program.
(2) Nothing in this title shall be construed to substitute 
or supersede, or establish a funding process for, any de -
classification program that has been established or may be 
established by the President by Executive order.
(e) Declassification Reviews.—(1) In general.—If 
requested by the President, the Board shall review in a 
timely manner certain records or declinations to declassi -
fy specific records, the declassification of which has been


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fy specific records, the declassification of which has been 
the subject of specific congressional request described in 
section 703(b)(5).
(2) Authority of board.—Upon receiving a congressio -nal request described in section 703(b)(5), the Board may 
conduct the review and make the recommendations de -
scribed in that section, regardless of whether such a review 
is requested by the President.
(3) Reporting.—Any recommendations submitted to 
the President by the Board under section 703(b)(5),[sic]


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the President by the Board under section 703(b)(5),[sic] 
shall be submitted to the chairman and ranking minority 
member of the committee of Congress that made the re -
quest relating to such recommendations.
SEC. 705. 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 informa -
tion previously classified by that agency.


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tion 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 National Intelligence.—
Nothing in this title shall be construed to limit the author -
ities of the Director of National Intelligence as the head 
of the intelligence community, including the Director’s 
responsibility to protect intelligence sources and meth -


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responsibility to protect intelligence sources and meth -
ods from unauthorized disclosure as required by section 
103(c)(6) of the National Security Act of 1947 ([former] 
50 U.S.C. 403–3(c)(6)) [see 50 U.S.C. 3024(i)].
(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


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(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 sec -
tion 552 of title 5, United States Code (commonly re -
ferred to as the ‘Freedom of Information Act’), or section 
552a of title 5, United States Code (commonly referred to 
as the ‘Privacy Act’).
(e) Withholding Information From Congress.—Noth -


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(e) Withholding Information From Congress.—Noth -
ing in this title shall be construed to authorize the with -
holding of information from Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) Liaison.—(1) The head of each agency with the au -
thority 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.


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78 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 79	(2) The Board may establish liaison and otherwise con -
sult 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


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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, cov -
ered by such notice.


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ered by such notice.
(2) In the case of a determination referred to in para -
graph (1) with respect to a special access program created 
by the Secretary of Defense, the Director of National In -
telligence, or the head of any other agency, the notifica -
tion 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.


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National Security Affairs rather than to the Board.
(c) Discretion To Disclose.—At the conclusion of a de -
classification 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


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such records or materials, and may release such records or 
materials in accordance with the provisions of Executive 
Order No. 12958 [formerly set out below] or any succes -
sor order to such Executive order.
(d) Discretion To Protect.—At the conclusion of a de -
classification 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 mate -
rials of the agency covered by such review, and still prop -


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rials of the agency covered by such review, and still prop -
erly 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


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(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 agen -
cy or the head of a Federal Presidential library of access to 
records or materials under this title.
(B) In this paragraph, the term ‘appropriate congressio -
nal committees’ means the Select Committee on Intelli -
gence and the Committee on Governmental Affairs [now


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gence and the Committee on Governmental Affairs [now 
Committee on Homeland Security and Governmental 
Affairs] of the Senate and the Permanent Select Commit -
tee on Intelligence and the Committee on Government 
Reform [now Committee on Oversight and 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


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and a justification for the determination in support of the 
denial, shall be submitted by the agency denying the ac -
cess as follows:
(A) In the case of the denial of access to a special ac -
cess 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 ac -


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(B) In the case of the denial of access to a special ac -
cess program created by the Director of National Intel -
ligence, or by the head of any other agency (including


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(B) In the case of the denial of access to a special ac -
cess program created by the Director of National Intel -
ligence, or by the head of any other agency (including 
the Department of Defense) if the special access pro -
gram pertains to intelligence activities, or of access to 
any information and materials relating to intelligence 
sources and methods, to the Select Committee on In -
telligence of the Senate and the Permanent Select Com -
mittee on Intelligence of the House of Representatives.


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mittee 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 Com -
mittees 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.


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the House of Representatives.
(f) Notification of Review.—In response to a specific 
congressional request for declassification review described 
in section 703(b)(5), the Board shall advise the origina -
tors of the request in a timely manner whether the Board 
intends to conduct such review.
SEC. 707. JUDICIAL REVIEW.


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BASIC LAWS and AUTHORITIES  | 79	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, enforce -
able 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


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information, nor does this title create any right or benefit 
subject to judicial review.
SEC. 708. 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 un -


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the budget submitted to Congress for each fiscal year un -
der section 1105 of title 31, United States Code, a request 
for amounts for the activities of the Board under this title 
during such fiscal year.
SEC. 709. DEFINITIONS.
In this title:
(1) Agency.—(A) Except as provided in subpara -
graph (B), the term ‘agency’ means the following:
(i) An Executive agency, as that term is defined in 
section 105 of title 5, United States Code.
(ii) A military department, as that term is defined in


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(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 ‘classi -
fied material’ and ‘classified record’ include any corre -
spondence, memorandum, book, plan, map, drawing, 
diagram, pictorial or graphic work, photograph, film, 
microfilm, sound recording, videotape, machine readable


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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 se -
curity 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


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from unauthorized disclosure to protect the national secu -
rity 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 main -
tained by the United States Government through the


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tained 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 450j of Title 
25, 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 in -
terest.—The term ‘records or materials of extraordinary


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terest.—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 Unit -
ed States national security policies, actions, and deci -
sions;
(B) will provide a significantly different perspective


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sions;
(B) will provide a significantly different perspective 
in general from records and materials publicly avail -
able in other historical sources; and
(C) would need to be addressed through ad hoc re -
cord searches outside any systematic declassification 
program established under Executive order.
(8) Records of archival value.—The term ‘records of ar -
chival value’ means records that have been determined by


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program established under Executive order.
(8) Records of archival value.—The term ‘records of ar -
chival value’ means records that have been determined by 
the Archivist of the United States to have sufficient histor -
ical or other value to warrant their continued preservation 
by the Federal Government.
SEC. 710. 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].


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this Act [Dec. 27, 2000].
(b) Sunset.—The provisions of this title shall expire on 
December 31, 2018.


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80 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 81	SUMMARY OF NON-NARA STATUTES
ACCESS TO CLASSIFIED INFORMATION: 50 U.S.C. § 3161.
Public Law Number : Pub. L. 103-359, Oct. 14, 1994
Synopsis : This Act delegates authority to the President to establish procedures to govern access to 
classified information.
 *** see Appendix, Executive Order #13526, ***
ADMINISTRATIVE DISPUTE RESOLUTION ACT:  5 U.S.C. §§ 571 TO 583
Public Law Number : Pub. L. 101-522, Nov. 15, 1990


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Public Law Number : Pub. L. 101-522, Nov. 15, 1990
Synopsis : The purpose of this Act is to permit Federal agencies to resolve administrative problems 
within the agency through the use of administrative dispute resolution proceedings.
ADMINISTRATIVE PROCEDURE ACT: 5 U.S.C. §§ 551 TO 559, 701 TO 706, 1305, 3105, 3344, 4301, 
5335, 5372, 7521
Public Law Number : (Act of June 11, 1946, ch. 324, 60 Stat. 237) Pub. L. 94-409 § 4(b) , Sept. 13, 1976; Pub. 
L. 103-272 § 5(a), July 5, 1994


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L. 103-272 § 5(a), July 5, 1994
Synopsis : The purpose of this Act is to create a comprehensive statute governing the procedures 
agencies must follow when performing their functions.
AMERICANS WITH DISABILITIES ACT OF 1990: 42 U.S.C § 12101 ET SEQ.
Public Law Number : Pub. L. 101-336, July 26, 1990
Synopsis : The purposes of this Act are to establish a national mandate for the elimination of 
discrimination against persons with disabilities and to provide clear standards that address


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discrimination against persons with disabilities. The Department of Justice encourages the 
government to comply with the ADA.


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BASIC LAWS and AUTHORITIES  | 81	ANTI-DEFICIENCY ACT : 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 101-508, Nov. 5, 1990
Synopsis : An officer or employee of the U.S. Government may not expend funds in excess of the 
amount available in the appropriations fund or before an appropriation is made available.
ANTI-NEPOTISM ACT: 5 U.S.C. § 3110
Public Law Number : Pub. L. 90-206, Dec. 16, 1967; Pub. L. 95-454, Title IX § 906(a)(2), Oct. 13, 1978


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Synopsis : A public official is prohibited from employing, appointing, promoting, advancing or 
advocating for appointment, employment promotion or advancement any relative for a 
civilian position in the agency in which the public official is serving.
AUGMENTATION PROHIBITION:  31 U.S.C. §§ 1301 (A), 3302(B)
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-369, July 18, 1984; Pub. L. 103-272, July 5, 
1994; Pub. L. 103-429, Oct. 31, 1994, 105-277, Oct. 21, 1998; 106-31, Title V § 5005(l),


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May 21, 1999 
Synopsis : This Act limits the use of appropriations only to those objects for which the appropriation 
was made. In addition, an agent of the Government, who receives money for the 
Government, shall deposit that money in the Treasury without deduction for any charge or 
claim.
DEBT COLLECTION ACT OF 1982:  31 U.S.C. §§ 3302, 3701, 3711, 3716 TO 3719
Public Law Number : Pub. L. 97-365, October 25, 1982


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Public Law Number : Pub. L. 97-365, October 25, 1982 
Synopsis : The Debt Collection Act expands the authority of agencies to recover general debts owed to 
the United States.
DEBT COLLECTION IMPROVEMENT ACT OF 1996: 31 U.S.C. §§ 3720B TO 3720D
Public Law Number : Pub. L. 104-134, Title III, ch. 10, § 31001, April 26, 1996; 104-134, Title III, ch. 10 § 
31001, April 26, 1996
Synopsis : This act amends the Debt Collection Act of 1982.


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82 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 83	DEPOSITORY LIBRARY PROGRAM: 44 U.S.C. §§ 1901 TO 1916
Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub.L. 95-261, Apr. 17, 
1978
Synopsis : Chapter 19 defines AGovernment Publication and describes how these documents will 
be made available to the public through depository libraries. The statute explains how 
depository libraries are selected and the requirements to which they must adhere.


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ECONOMY IN GOVERNMENT ACT: 31 U.S.C. § 1535
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-216, Feb. 14, 1984
Synopsis : This Act allows a government agency to place orders for goods or services with another 
Government agency provided the order cannot be filled as cheaply or conveniently by a 
commercial contractor. 
ELECTRONIC FREEDOM OF INFORMATION ACT AMENDMENTS OF 1996: 5 U.S.C. § 552 NOTE
Public Law Number : Pub. L. 104-231, Oct. 2, 1996


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Public Law Number : Pub. L. 104-231, Oct. 2, 1996
Synopsis : EFOIA amends the Freedom of Information Act (5 U.S.C. §552), to provide for public 
access to information in an electronic format.
EMERGENCY PREPAREDNESS: 42 U.S.C. § 5195
Public Law Number : Pub. L. 93-288; Pub. L. 103-337, Oct. 5, 1994
Synopsis : This Act creates a system of emergency preparedness for all hazards which present a threat to 
life and property, as a joint effort with the states. 
EQUAL ACCESS TO JUSTICE ACT: 5 U.S.C. § 504


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EQUAL ACCESS TO JUSTICE ACT: 5 U.S.C. § 504
Public Law Number : Pub. L. 96-481, Oct. 21, 1980; Pub. L. 99-80, Aug. 5, 1985; Pub. L. 99-509, Oct. 21 1986; 
Pub. L. 99-514, Oct. 22, 1986; Pub. L. 100-647, Nov. 10, 1988; Pub. L. 103-141, Nov. 16, 
1993; Pub. L. 104-121, Title II § 231, March 29, 1996, Pub. L. 111-350, Jan. 4, 2011.
Synopsis : This Act permits a party, who prevails in an administrative proceeding against the United


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States, to request and receive fees and other expenses incurred by that party in connection 
with the proceedings. The request must be fully justified and documented, and the 
adjudicative officer of the agency may reduce or deny the amount to be awarded if the 
prevailing party acted unreasonably in incurring such costs.


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BASIC LAWS and AUTHORITIES  | 83	ETHICS IN GOVERNMENT ACT OF 1978:  5 U.S.C. APP. 4 §§ 101 TO 111, 5 U.S.C. APP. 4 §§401 TO 
408, 5 U.S.C. APP. 4 §§ 501 TO 505, 28 U.S.C. §§ 591 TO 598, 5 U.S.C. § 49, 28 U.S.C. § 528, 529, 2 U.S.C. 
§ 288, 288(A) TO (L), 2 U.S.C. §118(A), 2 U.S.C. § 288(M), 28 U.S.C. § 1365 
Public Law Number : Pub. L. 95-521, Oct. 26, 1978
Synopsis : This Act creates the Federal system for regulating conflicts of interest.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1982:


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ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1982:  
Public Law Number : Pub. L. 97-409, Jan. 3, 1983
Synopsis : This Act amends the 1978 Act.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1985:  
Public Law Number : Pub. L. 99-190, Title I, §148, Dec. 19, 1985
Synopsis : This Act amends the 1982 Act.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1990: 
Public Law Number : Pub. L. 101-334, July 16, 1990
Synopsis : This Act amends the 1985 Act.


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Synopsis : This Act amends the 1985 Act.
ETHICS REFORM ACT OF 1989: 5 U.S.C. APP. 4 §§ 110 TO 111, 31 U.S.C. § 1353, 5 U.S.C. § 7353, 18 
U.S.C. § 216, 2 U.S.C. § 72A-1G, 26 U.S.C. § 1043, 5 U.S.C. § 3393A, 10 U.S.C. § 1601, 5 U.S.C. APP. 4 §§ 
501 TO 505, 2 U.S.C. §§ 362 TO 364, 2 U.S.C. § 29D 
Public Law Number : Pub. L. 101-194, Nov. 30, 1989
Synopsis : This Act addresses abuses uncovered during the Watergate period.
EXECUTIVE AND JUDICIARY PRINTING AND BINDING: 44 U.S.C. §§ 1101 TO 1123


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Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 97-164, Apr. 2, 1982; Pub. L. 94-273, Apr. 21, 
1976; Pub. L. 98-216, Feb. 14, 1984; Pub. L. 106-113, Nov. 29, 1998
Synopsis : Chapter 11 describes the procedures and policies with which the Executive and Judiciary 
branches must comply when printing public documents. This chapter specifically addresses 
the printing of periodicals and annual reports.


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84 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 85	FEDERAL ACTIVITIES INVENTORY REFORM ACT: 31 U.S.C. § 501 NOTE.
Public Law Number : Pub. L. 105-270, Oct. 19, 1998
Synopsis : The FAIR Act provides a process for identifying the functions of the Federal Government 
that are not inherently Governmental functions. The Act also provides for the publication of 
lists of these functions in the Federal Register.
FEDERAL ADVISORY COMMITTEE ACT: 5 U.S.C. APP. 2 (1999)


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FEDERAL ADVISORY COMMITTEE ACT: 5 U.S.C. APP. 2 (1999)
 
Public Law Number : Pub. L. 92-463, October 6, 1972, 86 Stat. 770, as amended by Pub. L. 94-409, §5(c), Sept. 
13, 1976, 90 Stat. 1247; Pub. L. 96-523, §2, Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97-375, 
title II, §201(c), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 105-153, §1, Dec. 17, 1997, 111 
Stat. 2688. 
Synopsis : The FACA regulates the formation and operation of advisory committees by Federal agencies 
in the Executive Branch.


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in the Executive Branch.
FEDERAL TORT CLAIMS ACT:  28 U.S.C. §§ 1291, 1346, 1402, 2401, 2402, 2411, 2412, 2671 TO 2680
Public Law Number : (FTCA) (Aug. 2, 1946, ch. 753, Title IV, 60 Stat. 842)
Synopsis : This Act waives the sovereign immunity of the U.S. Government for specified torts, which 
allows claimants to bring suit for such torts.
GOVERNMENT IN THE SUNSHINE ACT:  5 U.S.C. § 552B
Public Law Number : Pub. L. 94-409, Sept. 13, 1976; Pub. L. 104-66, Dec. 21, 1995


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Synopsis : This Act provides that every meeting held by an agency will be open to public observation. 
Certain meetings are exempt from this requirement, such as those which would disclose 
information that must remain secret as established by an Executive Order or statute, 
meetings involving information that relates solely to internal practices of the agency or 
meetings which would disclose information that would violate personal privacy.


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BASIC LAWS and AUTHORITIES  | 85	GOVERNMENT PAPERWORK ELIMINATION ACT:  44 U.S.C. § 3504 NOTE.
Public Law Number : Pub. L. No. 105-277, Div. C, Title XVII, §§ 1701 to 1710, Oct. 21, 1998
Synopsis : The GPEA directs the Office of Management and Budget (OMB) to develop procedures for 
the use and acceptance of electronic signatures by Executive agencies. The Act also directs 
the OMB to develop procedures to permit private employers to store and file electronically


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with Executive agencies forms containing information pertaining to the employees of such 
employers.  
GOVERNMENT PERFORMANCE AND RESULTS ACT: 31 U.S.C. § 1101 NOTE, 31 U.S.C. § 1115 NOTE
Public Law Number : Pub. L. No. 103-62, Aug. 3, 1993
Synopsis : The GPRA provides for the establishment of strategic planning and performance 
measurement in the Federal Government. The Act requires Executive agency heads to 
submit to the Director of the Office of Management and Budget (OMB) and the Congress a


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strategic plan for performance goals of their agency’s program activities.
HOBBY PROTECTION ACT:  15 U.S.C. §§ 2101 - 2106
Public Law Number : Pub. L. 93-167, Nov. 29, 1973
Synopsis : This Act prohibits the introduction into commerce of any imitation political or numismatic 
items that are not marked with the date of manufacture. The purpose of this Act is to protect 
the value of original political and numismatic items. The Federal Trade Commission, the


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agency responsible for enforcing this Act, has promulgated regulations which detail the 
marking requirements for these items.
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT: 40 U.S.C. §§ 11101-11103, 11301 
-11303, 11311-11318, 11331-11332, 11501-11502, 11521-11522, 11701-11704
Public Law Number : Pub. L. 104-106, Div. E, Feb. 10, 1996
Synopsis : The ITMRA, now known as the Clinger-Cohen Act, requires the heads of Federal agencies


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to link information technology investments to agency accomplishments. The Clinger-Cohen 
Act also requires that agency heads establish a process to select, manage, and control their 
information technology investments.


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86 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 87	PAPERWORK REDUCTION ACT:  44 U.S.C. §§ 3501 TO 3520
Public Law Number : Pub. L. 104-13, May 22, 1995
Synopsis : There are several purposes of this Act. They are to minimize paperwork for individuals, 
businesses, and the Government; minimize the cost to the Government of collecting, 
maintaining, and disseminating information; maximizing the usefulness of information


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collected by the Government; create Federal law on the collection and dissemination of 
information uniform; reduce fraud and waste, and to assure the privacy and confidentiality 
are preserved; including the requirements of the Privacy Act.
  
PAY RATES AND SYSTEMS: 5 U.S.C. § 5314
Public Law Number : Pub. L. 104-293, Oct. 11, 1996; Pub. L. 108-447, Dec. 8, 2004
Synopsis : This Act lists personnel, including the Archivist, to whom Level III of the Executive 
Schedule applies.


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Schedule applies.
PUBLIC PRINTING AND DOCUMENTS:  44 U.S.C. CHAPTER 19
Public Law Number : Pub. L. 96-620, Oct. 20, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub. L. 95-261, April 17, 
1978
Synopsis : This Act governs Government documents and their availability through depository library 
programs.
REGULATORY NEGOTIATION ACT: 5 U.S.C. § 561 ET SEQ. 
Public Law Number : Pub. L. 101-648, Nov. 29, 1990; Pub. L. 102-354, Aug. 26, 1992; Pub. L. 104-320, Oct. 
19, 1996


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19, 1996
Synopsis : This Act establishes a framework for negotiated rulemaking. Agencies may establish 
negotiated rulemaking committees to develop rules according to specific requirements set out 
in §565-568 of this Act.


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BASIC LAWS and AUTHORITIES  | 87	REHABILITATION ACT: 29 U.S.C. § 701 ET SEQ.
Public Law Number : Pub. L. 93-112, Sept. 26, 1973; Pub. L. 95-602, Nov. 6, 1978; Pub. L. 99-506, Oct. 21, 
1986; Pub. L. 102-569, Oct. 29, 1992
Synopsis : The purpose of the Act is to promote the Federal Government’s involvement in employing 
individuals with disabilities.
USE OF GOVERNMENT VEHICLES:  31 U.S.C. § 1344
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 99-550, Oct. 27, 1986; Pub. L. 100-180, Dec. 4,


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1987; Pub. L. 100-202, Dec. 22, 1987; Pub. L. 101-510, Nov. 5, 1990; Pub. L. 103-272, 
July 5, 1994; Pub. L. 104-91, Jan. 6, 1996; Pub. L. 104-99, Jan. 26, 1996; Pub. L. 108-7, 
Feb. 20, 2003
Synopsis : This Act limits the use of Government vehicles to official purposes. Use of Government 
vehicles for transportation from a residence to place of employment is not considered an 
official purpose, subject to certain exceptions (e.g., field work, when it is essential for the safe


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and efficient performance of intelligence and other related duties or for the transportation of 
specific Government officials).
WHISTLEBLOWER PROTECTION ACT OF 1989:  5 U.S.C. §§ 1211 TO 1219, 1221, 1222, 3352
Public Law Number : Pub. L. 101-12, April 10, 1989; Pub. L. 103-424, Oct. 29, 1994
Synopsis : This Act protects employees who disclose evidence of gross mismanagement or a violation of 
any rule, law or regulation.


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any rule, law or regulation.
WHISTLEBLOWER PROTECTION LAWS:  18 U.S.C. § 1031, 10 U.S.C. § 2409, 29 U.S.C. § 1855, 49 U.S.C. 
§ 31105, 42 U.S.C. §§ 9610, 5851, 6971, 7622, 300J-9, 46 U.S.C. APP. § 1506, 30 U.S.C. §§ 1293, 815, 15 
U.S.C. §§ 2622, 2651, 33 U.S.C. § 1367 
Public Law Number : Pub. L. 100-700, § 2(a), Nov. 19, 1988; Pub. L. 101-123, § 2(a), Oct. 23, 1989; Pub. L. 
103-322, Title XXXIII, § 330002(a), (f), September 13, 1994


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103-322, Title XXXIII, § 330002(a), (f), September 13, 1994
Synopsis : These laws pertain to the specific agencies and/or private industries as relevant to the 
Whistleblower Protection Act.


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88 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 89	1952 EXCHANGE OF CORRESPONDENCE BETWEEN  
THE DIRECTOR OF THE BUREAU OF CENSUS AND THE 
ARCHIVIST OF THE UNITED STATES
[referenced in 44 U.S.C. 2108 (b)]
DEPARTMENT OF COMMERCE, BUREAU OF 
CENSUS,
Washington, D.C. August 26, 1952.
Dr. WAYNE C. GROVER,
Archivist of the United States,
Washington, D.C.
DEAR DR. GROVER: It is the policy of the Bureau of 
the Census to provide the maximum physical protection


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the Census to provide the maximum physical protection 
for the records which document its major programs, and 
make available to as many people as possible the informa -
tion contained in such records consistent with national 
security and the rights of individuals concerned. With 
these ends in mind, we wish to make the following pro -
posals concerning the custody, maintenance and use of 
the records of individuals enumerated in decennial pop -
ulation censuses:


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ulation censuses: 
The Bureau of the Census will transfer to the National 
Archives and Records Service (1) the original schedules of 
each decennial population census when they are no longer 
required by the Bureau of the Census for active statistical 
use and when the National Archives and Records Service 
can provide space and service for them; (2) the negative 
microfilm of such schedules when the Bureau of the Cen -
sus has obtained a positive copy of the microfilm; and


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sus has obtained a positive copy of the microfilm; and 
(3) the positive microfilm of these schedules when they 
are no longer required by the Bureau of the Census in its 
personal census service activities.
The Bureau of the Census desires that the National 
Archives and Records Service observe the following pro -
visions pertaining to the use and maintenance of these 
records subsequent to their transfer:
A. All negative microfilm copies of decennial pop -


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A. All negative microfilm copies of decennial pop -
ulation census schedules transferred to the National 
Archives and Records Service shall be preserved as the 
permanent records of such censuses. These negative copies will not be used as searching media or inserted 
in reading devices except when necessary for inspection 
incident to the proper maintenance of such records.
B. The National Archives and Records Service will, 
upon request by the Bureau of the Census, furnish pos -


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upon request by the Bureau of the Census, furnish pos -
itive prints of any negative microfilm which has been 
transferred to the former agency. The charge for this 
service will be the cost of the positive film and its de -
velopment, plus a service charge of not more than ten 
percent.
C. At no time after the National Archives and Re -
cords Service has accepted custody of both the negative 
and positive microfilm copies of the schedules of a cen -


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and positive microfilm copies of the schedules of a cen -
sus will both negative and positive copies of that census 
be kept in the same city.
D. After the lapse of seventy-two years from the enu -
meration date of a decennial census, the National Ar -
chives and Records Service may disclose information 
contained in these records for use in legitimate histori -
cal, genealogical or other worth-while research, provid -
ed adequate precautions are taken to make sure that the


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ed adequate precautions are taken to make sure that the 
information disclosed is not to be used to the detriment 
of any of the persons whose records are involved. Prior 
to the lapse of time specified above, the information 
will be disclosed only by the Bureau of the Census from 
microphotographic or other records in its possession.  
Please let us know if these provisions are acceptable 
to you. If they are, we shall make the necessary arrange -
ments to effect the movement of records now eligible


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ments to effect the movement of records now eligible 
for transfer.
Sincerely yours,
Roy V. Peel,
Director.
***


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BASIC LAWS and AUTHORITIES  | 89	October 10, 1952
Dr. Roy V. Peel
Director, Bureau of the Census,
Department of Commerce, Washington, D.C.
DEAR DR. PEEL: This is in reply to our offer to trans -
fer periodically to the National Archives and Records Ser -
vice the original schedules of each decennial population 
census when these are no longer needed for active statisti -
cal use, the negative microfilm of those population census 
schedules for which the Bureau of the Census possesses


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schedules for which the Bureau of the Census possesses 
adequate positive microfilm copies, and the positive mi -
crofilm copies of those population census schedules which 
the Bureau of the Census no longer desires to retain for 
reference use.
In view of the established policy of the National Ar -
chives and Records Service to relieve agencies of records 
accumulations no longer needed for current use, and to 
preserve those records deemed to be of permanent value,


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preserve those records deemed to be of permanent value, 
I am, in principle, in agreement with the transfer policy 
stated in your letter of August 26, 1952.  
I am also in agreement with the conditions you state 
with respect to the use and maintenance of these records 
(1) that the master set of negative microfilm to be trans -
ferred shall be preserved as the permanent records of the 
decennial population census schedules, and that the mas -
ter negatives and the positive microfilm copies shall not


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ter negatives and the positive microfilm copies shall not 
be kept in the same city; (2) that the National Archives 
and Records Service will furnish the Bureau of the Census 
with positive prints of the negative microfilm whenever 
requested, and that the charge for such service shall not exceed the cost of the positive film and its development 
plus an overhead of not more than ten percent, provided, 
however, that the production of the initial set of positive


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however, that the production of the initial set of positive 
microfilm copies of a decennial population census shall 
be the responsibility of the Bureau of the Census; and (3) 
that after “seventy-two years from the enumeration date 
of a decennial census, the National Archives and Records 
Service may disclose information contained in these re -
cords for use in legitimate historical, genealogical or other 
worth-while research.”
With respect to the foregoing restrictions on disclo -


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With respect to the foregoing restrictions on disclo -
sure of information it is understood that the applicable 
conditions of legitimacy will be those now in force, (1) 
a searcher’s reputation as in fact a research worker or 
professional genealogist; (2) a searcher’s connection with 
an established institution of learning or research; (3) a 
searcher’s connection with the person or family whose 
records are desired, either by immediate relationship


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records are desired, either by immediate relationship 
or by authorization; and (4) the lapse of time since the 
appearance of possibly detrimental information, con -
sidered in conjunction with the legitimacy of public or 
scholarly interest in the factual data relating to a histor -
ical personage.
In accordance with these mutually acceptable provi -
sions, at your convenience we are prepared to make the 
necessary arrangements to effect the movement of records 
now eligible for transfer.


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90 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 91	EXECUTIVE ORDER 11440—  
PROVIDING FOR THE SUPPLEMENTAL  
USE OF EXHIBITS AND DISPLAYS CREATED  
IN FURTHERANCE OF AUTHORIZED PROGRAMS  
OF EXECUTIVE DEPARTMENTS AND AGENCIES
Source: The provisions of Executive Order 11440 of Dec. 11, 1968,  
appear at 33 FR 18475, 3 CFR, 1966-1970 Comp., p. 756, unless otherwise noted.
WHEREAS the executive departments and agencies of the 
Government, in discharging their various responsibilities,


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Government, in discharging their various responsibilities, 
create a large volume of materials (including books, 
correspondence, documents, papers, pamphlets, works 
of art, models, pictures, photographs, plats, maps, films, 
motion pictures, sound recordings, and other objects of 
historical or commemorative value) which from time 
to time are incorporated into or reproduced for use in 
exhibits or other types of visual displays needed for use in 
carrying out their programs; and


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carrying out their programs; and
WHEREAS under Chapter 21 of Title 44, United States 
Code, the Archivist of the United States is authorized to 
accept for deposit in the National Archives of the United 
States the records of any Federal agency or of the Congress 
of the United States that are determined by the Archivist 
to have sufficient historical or other value to warrant their 
continued preservation by the United States Government, 
as well as the papers and other historical materials of any


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as well as the papers and other historical materials of any 
official or former official of the Government, and to make 
provisions for the exhibition of materials transferred to 
him; and
WHEREAS many of the exhibits and displays so 
prepared, produced, or otherwise created by the executive 
departments and agencies possess historical significance 
which warrants their preservation and exhibition as part 
of the archival and cultural heritage of the United States:


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of the archival and cultural heritage of the United States:
NOW, THEREFORE, by virtue of the authority vested 
in me as President of the United States, it is hereby 
ordered as follows:Section 1. The heads of all executive departments and 
agencies are directed—
(a) when initiating plans for the preparation, production, 
or other creation of exhibits and displays in furtherance 
of their program missions, to confer with the Archivist 
of the United States, or his designee, for the purpose


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of the United States, or his designee, for the purpose 
of assuring that any such exhibits or displays which the 
Archivist finds appropriate for supplemental exhibition as 
part of the archival and cultural heritage of the United 
States are prepared, produced, or otherwise created in a 
manner which assures, to the maximum possible extent, 
their appropriateness, after they have served their primary 
program purpose, for such supplemental exhibition, and


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program purpose, for such supplemental exhibition, and
(b) to transfer to the Archivist, without reimbursement, 
such exhibits or displays as he determines are appropriate 
for such supplemental exhibition after they have served 
their primary program purpose, subject to such conditions 
requiting return to the department or agency of all or any 
of the materials incorporated in the exhibits or displays as 
may be mutually agreeable.
[Preamble and sec. 1 amended by Executive Order 12608


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[Preamble and sec. 1 amended by Executive Order 12608 
of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 
245]
Sec. 2. The Archivist of the United States is directed to—
(a) provide advice, counsel, and assistance to the heads 
of executive departments and agencies in the preparation, 
production, or other creation of exhibits and displays 
which he finds will have future value for exhibition as 
part of the archival and cultural heritage of the United 
States; and


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BASIC LAWS and AUTHORITIES  | 91	(b) accept any such exhibit or display when it has served 
its primary program purpose and (1) arrange for its 
supplemental exhibition as appropriate, (2) preserve any 
such exhibit or display which possesses sufficient historical 
or other value to warrant continued preservation, or 
(3) dispose of any such exhibit or display when, in his 
judgment, the reasons for its continued preservation or exhibition cease to exist, all subject to the conditions


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agreed upon incident to transfer to the Archivist of the 
United States of the exhibit or display.
[Sec. 2 amended by Executive Order 12608 of Sept. 9, 
1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]


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92 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 93	EXECUTIVE ORDER 12600—  
PREDISCLOSURE NOTIFICATION PROCEDURES FOR  
CONFIDENTIAL COMMERCIAL INFORMATION
Source: The provisions of Executive Order 12600 of June 23, 1987,  
appear at 52 FR 23781, 3 CFR, 1987 Comp., p. 235, unless otherwise noted.
By the authority vested in me as President by the 
Constitution and statutes of the United States of 
America, and in order to provide predisclosure 
notification procedures under the Freedom of


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notification procedures under the Freedom of 
Information Act concerning confidential commercial 
information, and to make existing agency notification 
provisions more uniform, it is hereby ordered as 
follows:
Section 1.  The head of each Executive department and 
agency subject to the Freedom of Information Act shall, 
to the extent permitted by law, establish procedures to 
notify submitters of records containing confidential 
commercial information as described in section 3 of


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commercial information as described in section 3 of 
this Order, when those records are requested under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552, as 
amended, if after reviewing the request, the responsive 
records, and any appeal by the requester, the department 
or agency determines that it may be required to disclose 
the records. Such notice requires that an agency use 
good faith efforts to advise submitters of confidential 
commercial information of the procedures established


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commercial information of the procedures established 
under this Order. Further, where notification of a 
voluminous number of submitters is required, such 
notification may be accomplished by posting or 
publishing the notice in a place reasonably calculated to 
accomplish notification.
Sec. 2 . For purposes of this Order, the following 
definitions apply:
(a) “Confidential commercial information” means records 
provided to the government by a submitter that arguably


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provided to the government by a submitter that arguably 
contain material exempt from release under Exemption 4 
of the Freedom of Information Act, 5 U.S.C. 552(b)(4), 
because disclosure could reasonably be expected to cause 
substantial competitive harm.(b) “Submitter” means any person or entity who 
provides confidential commercial information to the 
government. The term “submitter” includes, but is not 
limited to, corporations, state governments, and foreign 
governments.


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governments.
Sec. 3.  (a) For confidential commercial information 
submitted prior to January 1, 1988, the head of each 
Executive department or agency shall, to the extent 
permitted by law, provide a submitter with notice 
pursuant to section 1 whenever:
(i) the records are less than 10 years old and the infor -
mation has been designated by the submitter as confiden -
tial commercial information; or
(ii) the department or agency has reason to believe that


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(ii) the department or agency has reason to believe that    
disclosure of the information could reasonably be expect -
ed to cause substantial competitive harm.
(b) For confidential commercial information submitted 
on or after January 1, 1988, the head of each Executive 
department or agency shall, to the extent permitted by law, 
establish procedures to permit submitters of confidential 
commercial information to designate, at the time the 
information is submitted to the Federal government


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information is submitted to the Federal government 
or a reasonable time thereafter, any information the 
disclosure of which the submitter claims could reasonably 
be expected to cause substantial competitive harm. Such 
agency procedures may provide for the expiration, after 
a specified period of time or changes in circumstances, 
of designations of competitive harm made by submitters. 
Additionally, such procedures may permit the agency to


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Additionally, such procedures may permit the agency to 
designate specific classes of information that will be treated 
by the agency as if the information had been so designated 
by the submitter. The head of each Executive department 
or agency shall, to the extent permitted by law, provide 
the submitter notice in accordance with section 1 of this


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BASIC LAWS and AUTHORITIES  | 93	Order whenever the department or agency determines 
that it may be required to disclose records:
(i) designated pursuant to this subsection; or
(ii) the disclosure of which the department or agen -
cy has reason to believe could reasonably be expected to 
cause substantial competitive harm,
Sec. 4 . When notification is made pursuant to section 1, 
each agency’s procedures shall, to the extent permitted 
by law, afford the submitter a reasonable period of time


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by law, afford the submitter a reasonable period of time 
in which the submitter or its designee may object to the 
disclosure of any specified portion of the information and 
to state all grounds upon which disclosure is opposed.
Sec. 5.  Each agency shall give careful consideration to all 
such specified grounds for nondisclosure prior to making 
an administrative determination of the issue. In all instances 
when the agency determines to disclose the requested records,


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when the agency determines to disclose the requested records, 
its procedures shall provide that the agency give the submitter 
a written statement briefly explaining why the submitter’s 
objections are not sustained. Such statement shall, to the 
extent permitted by law, be provided a reasonable number of 
days prior to a specified disclosure date.
Sec. 6.  Whenever a FOIA requester brings suit seeking 
to compel disclosure of confidential commercial


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to compel disclosure of confidential commercial 
information, each agency’s procedures shall require that 
the submitter be promptly notified.
Sec. 7.  The designation and notification procedures 
required by this Order shall be established by regulations, 
after notice and public comment. If similar procedures 
or regulations already exist, they should be reviewed 
for conformity and revised where necessary. Existing 
procedures or regulations need not be modified if they are


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procedures or regulations need not be modified if they are 
in compliance with this Order.
Sec. 8.  The notice requirements of this Order need not 
be followed if: 
(a) The agency determines that the information should 
not be disclosed;
(b) The information has been published or has been officially made available to the public;
(c) Disclosure of the information is required by law (other 
than 5 U.S.C. 552);
(d) The disclosure is required by an agency rule that (1)


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(d) The disclosure is required by an agency rule that (1) 
was adopted pursuant to notice and public comment, (2) 
specifies narrow classes of records submitted to the agency 
that are to be released under the Freedom of Information 
Act, and (3) provides in exceptional circumstances for 
notice when the submitter provides written justification, 
at the time the information is submitted or a reasonable 
time thereafter, that disclosure of the information could


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time thereafter, that disclosure of the information could 
reasonably be expected to cause substantial competitive 
harm;
(e) The information requested is not designated by the 
submitter as exempt from disclosure in accordance with 
agency regulations promulgated pursuant to section 7, 
when the submitter had an opportunity to do so at the 
time of submission of the information or a reasonable 
time thereafter, unless the agency has substantial reason


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time thereafter, unless the agency has substantial reason 
to believe that disclosure of the information would result 
in competitive harm; or
(f) The designation made by the submitter in accordance 
with agency regulations promulgated pursuant to section 
7 appears obviously frivolous; except that, in such case, 
the agency must provide the submitter with written notice 
of any final administrative disclosure determination 
within a reasonable number of days prior to the specified 
disclosure date.


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disclosure date.
Sec. 9.  Whenever an agency notifies a submitter that it may 
be required to disclose information pursuant to section 1 
of this Order, the agency shall also notify the requester that 
notice and an opportunity to comment are being provided 
the submitter. Whenever an agency notifies a submitter of a 
final decision pursuant to section 5 of this Order, the agency 
shall also notify the requester.
Sec. 10 . This Order is intended only to improve the


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Sec. 10 . This Order is intended only to improve the 
internal management of the Federal government, and is 
not intended to create any right or benefit, substantive


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shall also notify the requester.
Sec. 10 . This Order is intended only to improve the 
internal management of the Federal government, and is 
not intended to create any right or benefit, substantive 
or procedural, enforceable at law by a party against the 
United States, its agencies, its officers, or any person.


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94 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 95	EXECUTIVE ORDER 12829—  
NATIONAL INDUSTRIAL SECURITY PROGRAM
Ex. Ord. No. 12829, Jan. 6, 1993, 58 F .R. 3479, as amended by Ex. Ord. No. 12885, Dec. 14, 1993, 58 F .R. 65863, provided:
This order establishes a National Industrial Security 
Program to safeguard Federal Government classified 
information that is released to contractors, licensees, and 
grantees of the United States Government. To promote


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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


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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


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Therefore, by the authority vested in me as President 
by the Constitution and the laws of the United States 
of America, including the Atomic Energy Act of 1954, 
as amended (42 U.S.C. 2011–2286) [42 U.S.C. 2011 
et seq.], the National Security Act of 1947, as amended 
(codified as amended in scattered sections of the United 
States Code) [50 U.S.C. 3001 et seq.], and the Federal 
Advisory Committee Act, as amended (5 U.S.C. App. 2) 
[5 U.S.C. App.], it is hereby ordered as follows:


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[5 U.S.C. App.], 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,


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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


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out above], or its successor, and the Atomic Energy Act of 
1954, as amended [42 U.S.C. 2011 et seq.].
(c) For the purposes of this order, the term “contractor” 
does not include individuals engaged under personal 
services contracts.
Sec. 102. Policy Direction . (a) The National Security 
Council shall provide overall policy direction for the 
National Industrial Security Program.
(b) The Director of the Information Security Oversight 
Office, established under Executive Order No. 12356 of


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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 pro -
mulgate 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


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(2) oversee agency, contractor, licensee, and grantee 
actions to ensure compliance with this order and imple -
menting directives;
(3) review all agency implementing regulations, inter -
nal rules, or guidelines. The Director shall require any reg -
ulation, rule, or guideline to be changed if it is not consis -
tent 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 guide -


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Security Council. The agency regulation, rule, or guide -
line shall remain in effect pending a prompt decision on 
the appeal;


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decision by the Director may be appealed to the National 
Security Council. The agency regulation, rule, or guide -
line shall remain in effect pending a prompt decision on 
the appeal;
(4) have the authority, pursuant to terms of applica -
ble contracts, licenses, grants, or regulations, to conduct 
on-site reviews of the implementation of the National 
Industrial Security Program by each agency, contractor,


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BASIC LAWS and AUTHORITIES  | 95	licensee, and grantee that has access to or stores classi -
fied information and to require of each agency, contrac -
tor, licensee, and grantee those reports, information, and 
other cooperation that may be necessary to fulfill the Di -
rector’s responsibilities. If these reports, inspections, or 
access to specific classified information, or other forms of 
cooperation, would pose an exceptional national security


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cooperation, would pose an exceptional national security 
risk, the affected agency head or the senior official desig -
nated 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 de -
cision by the National Security Council;
(5) report any violations of this order or its implement -
ing directives to the head of the agency or to the senior of -


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ing directives to the head of the agency or to the senior of -
ficial 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 Nation -
al Industrial Security Program by a contractor, licensee, 
or grantee shall be directed to the agency that is exercis -
ing operational oversight over the contractor, licensee, or 
grantee under section 202 of this order;


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grantee under section 202 of this order;
(6) consider and take action on complaints and sug -
gestions from persons within or outside the Government 
with respect to the administration of the National Indus -
trial Security Program;
(7) consider, in consultation with the advisory com -
mittee established by this order, affected agencies, con -
tractors, licensees, and grantees, and recommend to the 
President through the National Security Council changes 
to this order; and


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to this order; and
(8) report at least annually to the President through the 
National Security Council on the implementation of the 
National Industrial Security Program.
(c) Nothing in this order shall be construed to supersede 
the authority of the Secretary of Energy or the Nuclear 
Regulatory Commission under the Atomic Energy Act 
of 1954, as amended [42 U.S.C. 2011 et seq.], or the 
authority of the Director of Central Intelligence under 
the National Security Act of 1947, as amended [50


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the National Security Act of 1947, as amended [50 
U.S.C. 3001 et seq.], or Executive Order No. 12333 of 
December 8, 1981 [50 U.S.C. 3001 note].
Sec. 103. National Industrial Security Program Policy 
Advisory Committee . (a) Establishment . There is established the National Industrial Security Program Policy 
Advisory Committee (“Committee”). The Director of 
the Information Security Oversight Office shall serve as 
Chairman of the Committee and appoint the members of


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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


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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


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(c) Administration . (1) Members of the Committee 
shall serve without compensation for their work on the 
Committee. However, nongovernment members may 
be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by law for persons serving 
intermittently in the Government service (5 U.S.C. 
5701–5707).
(2) To the extent permitted by law and subject to the 
availability of funds, the Administrator of General Ser -
vices shall provide the Committee with administrative


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vices shall provide the Committee with administrative 
services, facilities, staff, and other support services neces -


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availability of funds, the Administrator of General Ser -
vices shall provide the Committee with administrative 
services, facilities, staff, and other support services neces -
sary 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 U.S.C. App.], except that 
of reporting to the Congress, which are applicable to the 
Committee, shall be performed by the Administrator


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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


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96 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 97	of the Secretary of Energy, the Nuclear Regulatory 
Commission, and the Director of Central Intelligence, 
shall issue and maintain a National Industrial Security 
Program Operating Manual (“Manual”). The Secretary 
of Energy and the Nuclear Regulatory Commission 
shall prescribe and issue that portion of the Manual 
that pertains to information classified under the Atomic 
Energy Act of 1954, as amended [42 U.S.C. 2011 et


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Energy Act of 1954, as amended [42 U.S.C. 2011 et 
seq.]. The Director of Central Intelligence shall prescribe 
and issue that portion of the Manual that pertains to 
intelligence sources and methods, including Sensitive 
Compartmented Information.
(b) The Manual shall prescribe specific requirements, 
restrictions, and other safeguards that are necessary to 
preclude unauthorized disclosure and control authorized 
disclosure of classified information to contractors,


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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


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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


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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


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(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


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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


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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


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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.


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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


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contractor, licensee, and grantee programs and facilities 
that involve access to such information or may enter into 
written agreements with the Secretary of Defense, as 
Executive Agent, to inspect and monitor these programs 
or facilities, in whole or in part, on the Director’s behalf.
(c) The Secretary of Energy and the Nuclear Regulatory 
Commission retain authority over access to information 
under their respective programs classified under the 
Atomic Energy Act of 1954, as amended [42 U.S.C. 2011


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Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 
et seq.]. The Secretary or the Commission may inspect 
and monitor contractor, licensee, and grantee programs 
and facilities that involve access to such information or


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BASIC LAWS and AUTHORITIES  | 97	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.


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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


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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


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(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


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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


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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


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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) [Amended Ex. Ord. No. 10865, set out above.]
(h) All delegations, rules, regulations, orders, directives, 
agreements, contracts, licenses, and grants issued under 
preexisting authorities, including section 1(a) and (b) of


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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.


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98 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 99	EXECUTIVE ORDER 12937—  
DECLASSIFICATION OF SELECTED RECORDS WITHIN  
THE NATIONAL ARCHIVES OF THE UNITED STATES
Source: The provisions of Executive Order 12937 of November 10, 1994, appear at 3 CFR, 1994 Comp., p. 949.
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


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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


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information within such records must be protected from 
disclosure pursuant to an authorized exemption to the 
Freedom of Information Act, 5 U.S.C. 552, other than the 
exemption that pertains to national security information.
Sec. 3.  Nothing contained in this order shall create any 
right or benefit, substantive or procedural, enforceable 
by any party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other 
person.


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person.
I. All unreviewed World War II and earlier records, 
including:
A. RG 18, Army Air Forces 1,722,400 pp.
B. RG 65, Federal Bureau of 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 Head -
quarters, World War II (including 350 reels of Allied


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quarters, 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.
II. Post1945 Collections (Military and Civil)
A. RG 19, Bureau of Ships, Pre1950 General Corre -
spondence (selected records) 1,732,500 pp.
B. RG 51, Bureau of the Budget, 52.12 Budget Prepa -


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B. RG 51, Bureau of the Budget, 52.12 Budget Prepa -
ration Branch, 1952–69 142,500 pp.
C. RG 72, Bureau of Aeronautics (Navy) (selected re -
cords) 5,655,000 pp.
D. RG 166, Foreign Agricultural Service, Narrative Re -
ports,
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 (se -


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933,000 pp.
G. RG 337, Headquarters, Army Ground Forces (se -
lected records) 1,269,700 pp.
H. RG 341, Headquarters, United States Air Force (se -
lected records) 4,870,000 pp.
I. RG 389, Office of the Provost Marshal General (se -
lected 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 re -
cords) 5,864,000 pp.


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BASIC LAWS and AUTHORITIES  | 99	EXECUTIVE ORDER 12968—  
ACCESS TO CLASSIFIED INFORMATION
Source: Ex. Ord. No. 12968, Aug. 2, 1995, 60 F .R. 40245, as amended by  
Ex. Ord. No. 13467, §3(b), June 30, 2008, 73 F .R. 38107, provided:
The national interest requires that certain information 
be maintained in confidence through a system of 
classification in order to protect our citizens, our 
democratic institutions, and our participation within the 
community of nations. The unauthorized disclosure of


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community of nations. The unauthorized disclosure of 
information classified in the national interest can cause 
irreparable damage to the national security and loss of 
human life.
Security policies designed to protect classified information 
must ensure consistent, cost effective, and efficient 
protection of our Nation’s classified information, while 
providing fair and equitable treatment to those Americans 
upon whom we rely to guard our national security.


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upon whom we rely to guard our national security.
This order establishes a uniform Federal personnel 
security program for employees who will be considered 
for initial or continued access to classified information.
NOW, THEREFORE, by the authority vested in me as 
President by the Constitution and the laws of the United 
States of America, it is hereby ordered as follows:
PART 1—DEFINITIONS, ACCESS TO 
CLASSIFIED INFORMATION, FINANCIAL 
DISCLOSURE, AND OTHER ITEMS


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CLASSIFIED INFORMATION, FINANCIAL 
DISCLOSURE, AND OTHER ITEMS
Section 1.1. Definitions . For the purposes of this 
order: (a) “Agency” means any “Executive agency,” as 
defined in 5 U.S.C. 105, the “military departments,” 
as defined in 5 U.S.C. 102, and any other entity within 
the executive branch that comes into the possession of 
classified information, including the Defense Intelligence 
Agency, National Security Agency, and the National 
Reconnaissance Office.


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Reconnaissance Office.
(b) “Applicant” means a person other than an employee 
who has received an authorized conditional offer of 
employment for a position that requires access to classified 
information.(c) “Authorized investigative agency” means an 
agency authorized by law or regulation to conduct 
a counterintelligence investigation or investigation 
of persons who are proposed for access to classified 
information to ascertain whether such persons satisfy


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information to ascertain whether such persons satisfy 
the criteria for obtaining and retaining access to such 
information.
(d) “Classified information” means information that has 
been determined pursuant to Executive Order No. 12958 
[formerly set out above], or any successor order, Executive 
Order No. 12951 [set out above], or any successor order, 
or the Atomic Energy Act of 1954 (42 U.S.C. 2011 
[et seq.]), to require protection against unauthorized 
disclosure.


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disclosure.
(e) “Employee” means a person, other than the President 
and Vice President, employed by, detailed or assigned 
to, an agency, including members of the Armed Forces; 
an expert or consultant to an agency; an industrial or 
commercial contractor, licensee, certificate holder, 
or grantee of an agency, including all subcontractors; 
a personal services contractor; or any other category 
of person who acts for or on behalf of an agency as 
determined by the appropriate agency head.


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determined by the appropriate agency head.
(f) “Foreign power” and “agent of a foreign power” have 
the meaning provided in 50 U.S.C. 1801.
(g) “Need for access” means a determination that an 
employee requires access to a particular level of classified 
information in order to perform or assist in a lawful and 
authorized governmental function.
(h) “Need-to-know” means a determination made by 
an authorized holder of classified information that a


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an authorized holder of classified information that a 
prospective recipient requires access to specific classified 
information in order to perform or assist in a lawful and 
authorized governmental function.


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100 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 101	(i) “Overseas Security Executive Agent” means the 
Board established by the President to consider, develop, 
coordinate and promote policies, standards and 
agreements on overseas security operations, programs and 
projects that affect all United States Government agencies 
under the authority of a Chief of Mission.
(j) “Security Executive Agent” means the Security 
Executive Agent established by the President to consider,


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Executive Agent established by the President to consider, 
coordinate, and recommend policy directives for U.S. 
security policies, procedures, and practices.
(k) “Special access program” has the meaning provided in 
section 4.1 of Executive Order No. 12958 [formerly set 
out above], or any successor order.
Sec. 1.2. Access to Classified Information . (a) No employee 
shall be granted access to classified information unless 
that employee has been determined to be eligible in


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that employee has been determined to be eligible in 
accordance with this order and to possess a need-to-know.
(b) Agency heads shall be responsible for establishing and 
maintaining an effective program to ensure that access 
to classified information by each employee is clearly 
consistent with the interests of the national security.
(c) Employees shall not be granted access to classified 
information unless they:
(1) have been determined to be eligible for access under


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(1) have been determined to be eligible for access under 
section 3.1 of this order by agency heads or designated 
officials based upon a favorable adjudication of an appro -
priate investigation of the employee’s background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to investigation by an 
appropriate government authority prior to being granted 
access to classified information and at any time during


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access to classified information and at any time during 
the period of access to ascertain whether they continue to 
meet the requirements for access.
(e)(1) All employees granted access to classified 
information shall be required as a condition of such 
access to provide to the employing agency written 
consent permitting access by an authorized investigative 
agency, for such time as access to classified information is


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agency, for such time as access to classified information is 
maintained and for a period of 3 years thereafter, to:(A) relevant financial records that are maintained by a 
financial institution as defined in 31 U.S.C. 5312(a) or 
by a holding company as defined in section 1101(6) of 
the Right to Financial Privacy Act of 1978 (12 U.S.C. 
3401[(6)]);
(B) consumer reports pertaining to the employee under 
the Fair Credit Reporting Act (15 U.S.C. 1681a [1681 
et seq.]); and


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et seq.]); and
(C) records maintained by commercial entities within the 
United States pertaining to any travel by the employee 
outside the United States.
(2) Information may be requested pursuant to employ -
ee consent under this section where:
(A) there are reasonable grounds to believe, based on 
credible information, that the employee or former 
employee is, or may be, disclosing classified information 
in an unauthorized manner to a foreign power or agent of 
a foreign power;


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a foreign power;
(B) information the employing agency deems credible 
indicates the employee or former employee has incurred 
excessive indebtedness or has acquired a level of affluence 
that cannot be explained by other information; or
(C) circumstances indicate the employee or former employee 
had the capability and opportunity to disclose classified 
information that is known to have been lost or compromised 
to a foreign power or an agent of a foreign power.


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to a foreign power or an agent of a foreign power.
(3) Nothing in this section shall be construed to affect 
the authority of an investigating agency to obtain infor -
mation pursuant to the Right to Financial Privacy Act [of 
1978, 12 U.S.C. 3401 et seq.], the Fair Credit Reporting 
Act [15 U.S.C. 1681 et seq.] or any other applicable law.
Sec. 1.3. Financial Disclosure . (a) Not later than 180 days 
after the effective date of this order, the head of each


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after the effective date of this order, the head of each 
agency that originates, handles, transmits, or possesses


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Sec. 1.3. Financial Disclosure . (a) Not later than 180 days 
after the effective date of this order, the head of each 
agency that originates, handles, transmits, or possesses 
classified information shall designate each employee, by 
position or category where possible, who has a regular 
need for access to classified information that, in the 
discretion of the agency head, would reveal:
(1) the identity of covert agents as defined in the Intel -
ligence Identities Protection Act of 1982 (50 U.S.C. 421


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ligence Identities Protection Act of 1982 (50 U.S.C. 421 
[sic] [et seq.]) [now 50 U.S.C. 3121 et seq.];


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BASIC LAWS and AUTHORITIES  | 101	(2) technical or specialized national intelligence collec -
tion and processing systems that, if disclosed in an unau -
thorized manner, would substantially negate or impair the 
effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or use of 
any code, cipher, or cryptographic system or;
(B) the design, construction, functioning, maintenance, or 
repair of any cryptographic equipment; but not including


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repair of any cryptographic equipment; but not including 
information concerning the use of cryptographic 
equipment and services;
(4) particularly sensitive special access programs, the dis -
closure of which would substantially negate or impair the 
effectiveness of the information or activity involved; or
(5) especially sensitive nuclear weapons design informa -
tion (but only for those positions that have been certified 
as being of a high degree of importance or sensitivity, as


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as being of a high degree of importance or sensitivity, as 
described in section 145(f) of the Atomic Energy Act of 
1954, as amended [42 U.S.C. 2165(f)]).
(b) An employee may not be granted access, or hold a 
position designated as requiring access, to information 
described in subsection (a) unless, as a condition of access 
to such information, the employee:
(1) files with the head of the agency a financial disclo -
sure report, including information with respect to the


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sure report, including information with respect to the 
spouse and dependent children of the employee, as part 
of all background investigations or reinvestigations;
(2) is subject to annual financial disclosure require -
ments, if selected by the agency head; and
(3) files relevant information concerning foreign travel, 
as determined by the Security Executive Agent.
(c) Not later than 180 days after the effective date of 
this order, the Security Executive Agent shall develop


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this order, the Security Executive Agent shall develop 
procedures for the implementation of this section, 
including a standard financial disclosure form for use 
by employees under subsection (b) of this section, and 
agency heads shall identify certain employees, by position 
or category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases . As part of all investigations and reinvestigations described


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in section 1.2(d) of this order, agencies may request the 
Department of the Treasury, under terms and conditions 
prescribed by the Secretary of the Treasury, to search 
automated data bases consisting of reports of currency 
transactions by financial institutions, international 
transportation of currency or monetary instruments, 
foreign bank and financial accounts, transactions under 
$10,000 that are reported as possible money laundering 
violations, and records of foreign travel.


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violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance . The head of 
each agency that grants access to classified information 
shall establish a program for employees with access to 
classified information to: (a) educate employees about 
individual responsibilities under this order; and
(b) inform employees about guidance and assistance 
available concerning issues that may affect their eligibility 
for access to classified information, including sources of


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for access to classified information, including sources of 
assistance for employees who have questions or concerns 
about financial matters, mental health, or substance 
abuse.
PART 2—ACCESS ELIGIBILITY POLICY AND 
PROCEDURE
Sec. 2.1. Eligibility Determinations . (a) Determinations 
of eligibility for access to classified information shall 
be based on criteria established under this order. 
Such determinations are separate from suitability 
determinations with respect to the hiring or retention of


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determinations with respect to the hiring or retention of 
persons for employment by the government or any other 
personnel actions.
(b) The number of employees that each agency determines 
are eligible for access to classified information shall be 
kept to the minimum required for the conduct of agency 
functions.
(1) Eligibility for access to classified information shall 
not be requested or granted solely to permit entry to, 
or ease of movement within, controlled areas when the


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functions.
(1) Eligibility for access to classified information shall 
not be requested or granted solely to permit entry to, 
or ease of movement within, controlled areas when the 
employee has no need for access and access to classified 
information may reasonably be prevented. Where circum -
stances indicate employees may be inadvertently exposed 
to classified information in the course of their duties, 
agencies are authorized to grant or deny, in their discre -


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agencies are authorized to grant or deny, in their discre -
tion, facility access approvals to such employees based on


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102 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 103	an appropriate level of investigation as determined by 
each agency.
(2) Except in agencies where eligibility for access is a 
mandatory condition of employment, eligibility for access 
to classified information shall only be requested or grant -
ed based on a demonstrated, foreseeable need for access. 
Requesting or approving eligibility in excess of actual re -
quirements is prohibited.


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quirements is prohibited.
(3) Eligibility for access to classified information may 
be granted where there is a temporary need for access, 
such as one-time participation in a classified project, pro -
vided the investigative standards established under this or -
der have been satisfied. In such cases, a fixed date or event 
for expiration shall be identified and access to classified 
information shall be limited to information related to the 
particular project or assignment.


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particular project or assignment.
(4) Access to classified information shall be terminated 
when an employee no longer has a need for access.
Sec. 2.2. Level of Access Approval . (a) The level at which an 
access approval is granted for an employee shall be limited, 
and relate directly, to the level of classified information 
for which there is a need for access. Eligibility for access to 
a higher level of classified information includes eligibility 
for access to information classified at a lower level.


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for access to information classified at a lower level.
(b) Access to classified information relating to a special 
access program shall be granted in accordance with 
procedures established by the head of the agency that 
created the program or, for programs pertaining to 
intelligence activities (including special activities but 
not including military operational, strategic, and tactical 
programs) or intelligence sources and methods, by the 
Director of Central Intelligence. To the extent possible


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Director of Central Intelligence. To the extent possible 
and consistent with the national security interests of the 
United States, such procedures shall be consistent with 
the standards and procedures established by and under 
this order.
Sec. 2.3. Temporary Access to Higher Levels . (a) An employee 
who has been determined to be eligible for access to 
classified information based on favorable adjudication of a 
completed investigation may be granted temporary access


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completed investigation may be granted temporary access 
to a higher level where security personnel authorized by 
the agency head to make access eligibility determinations 
find that such access:(1) is necessary to meet operational or contractual exi -
gencies not expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information that is 
made the subject of a written access record.
(b) Where the access granted under subsection (a) of this


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(b) Where the access granted under subsection (a) of this 
section involves another agency’s classified information, 
that agency must concur before access to its information 
is granted.
Sec. 2.4. Reciprocal Acceptance of Access Eligibility 
Determinations . (a) Except when an agency has substantial 
information indicating that an employee may not satisfy 
the standards in section 3.1 of this order, background 
investigations and eligibility determinations conducted


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investigations and eligibility determinations conducted 
under this order shall be mutually and reciprocally 
accepted by all agencies.
(b) Except where there is substantial information 
indicating that the employee may not satisfy the standards 
in section 3.1 of this order, an employee with existing 
access to a special access program shall not be denied 
eligibility for access to another special access program at 
the same sensitivity level as determined personally by the


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the same sensitivity level as determined personally by the 
agency head or deputy agency head, or have an existing 
access eligibility readjudicated, so long as the employee 
has a need for access to the information involved.
(c) This section shall not preclude agency heads from 
establishing additional, but not duplicative, investigative 
or adjudicative procedures for a special access program or 
for candidates for detail or assignment to their agencies,


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establishing additional, but not duplicative, investigative 
or adjudicative procedures for a special access program or 
for candidates for detail or assignment to their agencies, 
where such procedures are required in exceptional 
circumstances to protect the national security.
(d) Where temporary eligibility for access is granted 
under sections 2.3 or 3.3 of this order or where the 
determination of eligibility for access is conditional, the 
fact of such temporary or conditional access shall be


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fact of such temporary or conditional access shall be 
conveyed to any other agency that considers affording the 
employee access to its information.
Sec. 2.5. Specific Access Requirement . (a) Employees who 
have been determined to be eligible for access to classified 
information shall be given access to classified information 
only where there is a need-to-know that information.


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BASIC LAWS and AUTHORITIES  | 103	(b) It is the responsibility of employees who are 
authorized holders of classified information to verify that 
a prospective recipient’s eligibility for access has been 
granted by an authorized agency official and to ensure 
that a need-to-know exists prior to allowing such access, 
and to challenge requests for access that do not appear 
well-founded.
Sec. 2.6. Access by Non-United States Citizens . (a) Where 
there are compelling reasons in furtherance of an agency


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there are compelling reasons in furtherance of an agency 
mission, immigrant alien and foreign national employees 
who possess a special expertise may, in the discretion of the 
agency, be granted limited access to classified information 
only for specific programs, projects, contracts, licenses, 
certificates, or grants for which there is a need for access. 
Such individuals shall not be eligible for access to any 
greater level of classified information than the United


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greater level of classified information than the United 
States Government has determined may be releasable to 
the country of which the subject is currently a citizen, 
and such limited access may be approved only if the 
prior 10 years of the subject’s life can be appropriately 
investigated. If there are any doubts concerning granting 
access, additional lawful investigative procedures shall be 
fully pursued.
(b) Exceptions to these requirements may be permitted


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(b) Exceptions to these requirements may be permitted 
only by the agency head or the senior agency official 
designated under section 6.1 of this order to further 
substantial national security interests.
PART 3—ACCESS ELIGIBILITY STANDARDS
Sec. 3.1. Standards . (a) No employee shall be deemed 
to be eligible for access to classified information merely 
by reason of Federal service or contracting, licensee, 
certificate holder, or grantee status, or as a matter of right


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certificate holder, or grantee status, or as a matter of right 
or privilege, or as a result of any particular title, rank, 
position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this order, 
eligibility for access to classified information shall be 
granted only to employees who are United States citizens 
for whom an appropriate investigation has been completed 
and whose personal and professional history affirmatively 
indicates loyalty to the United States, strength of character,


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indicates loyalty to the United States, strength of character, 
trustworthiness, honesty, reliability, discretion, and sound 
judgment, as well as freedom from conflicting allegiances 
and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and 
protection of classified information. A determination of 
eligibility for access to such information is a discretionary 
security decision based on judgments by appropriately


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security decision based on judgments by appropriately 
trained adjudicative personnel or appropriate automated 
procedures. Eligibility shall be granted only where facts 
and circumstances indicate access to classified information 
is clearly consistent with the national security interests of 
the United States, and any doubt shall be resolved in favor 
of the national security.
(c) The United States Government does not discriminate 
on the basis of race, color, religion, sex, national origin,


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on the basis of race, color, religion, sex, national origin, 
disability, or sexual orientation in granting access to 
classified information.
(d) In determining eligibility for access under this order, 
agencies may investigate and consider any matter that 
relates to the determination of whether access is clearly 
consistent with the interests of national security. No 
inference concerning the standards in this section may be 
raised solely on the basis of the sexual orientation of the 
employee.


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employee.
(e) No negative inference concerning the standards in this 
section may be raised solely on the basis of mental health 
counseling. Such counseling can be a positive factor 
in eligibility determinations. However, mental health 
counseling, where relevant to the adjudication of access 
to classified information, may justify further inquiry to 
determine whether the standards of subsection (b) of this 
section are satisfied, and mental health may be considered


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to classified information, may justify further inquiry to 
determine whether the standards of subsection (b) of this 
section are satisfied, and mental health may be considered 
where it directly relates to those standards.
(f) Not later than 180 days after the effective date of 
this order, the Security Executive Agent shall develop a 
common set of adjudicative guidelines for determining 
eligibility for access to classified information, including 
access to special access programs.


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access to special access programs.
Sec. 3.2. Basis for Eligibility Approval . (a) Eligibility 
determinations for access to classified information shall 
be based on information concerning the applicant or 
employee that is acquired through the investigation 
conducted pursuant to this order or otherwise available to 
security officials and shall be made part of the applicant’s 
or employee’s security record. Applicants or employees 
shall be required to provide relevant information


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104 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 105	pertaining to their background and character for use in 
investigating and adjudicating their eligibility for access.
(b) Not later than 180 days after the effective date of 
this order, the Security Executive Agent shall develop a 
common set of investigative standards for background 
investigations for access to classified information. These 
standards may vary for the various levels of access.


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standards may vary for the various levels of access.
(c) Nothing in this order shall prohibit an agency from 
utilizing any lawful investigative procedure in addition to 
the investigative requirements set forth in this order and 
its implementing regulations to resolve issues that may 
arise during the course of a background investigation or 
reinvestigation.
Sec. 3.3. Special Circumstances . (a) In exceptional 
circumstances where official functions must be performed


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circumstances where official functions must be performed 
prior to the completion of the investigative and 
adjudication process, temporary eligibility for access to 
classified information may be granted to an employee while 
the initial investigation is underway. When such eligibility 
is granted, the initial investigation shall be expedited.
(1) Temporary eligibility for access under this section 
shall include a justification, and the employee must be


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shall include a justification, and the employee must be 
notified in writing that further access is expressly condi -
tioned on the favorable completion of the investigation 
and issuance of an access eligibility approval. Access will 
be immediately terminated, along with any assignment 
requiring an access eligibility approval, if such approval 
is not granted.
(2) Temporary eligibility for access may be granted only 
by security personnel authorized by the agency head to


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by security personnel authorized by the agency head to 
make access eligibility determinations and shall be based 
on minimum investigative standards developed by the Se -
curity Executive Agent not later than 180 days after the 
effective date of this order.
(3) Temporary eligibility for access may be granted only 
to particular, identified categories of classified information 
necessary to perform the lawful and authorized functions 
that are the basis for the granting of temporary access.


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that are the basis for the granting of temporary access.
(b) Nothing in subsection (a) shall be construed as altering 
the authority of an agency head to waive requirements 
for granting access to classified information pursuant to 
statutory authority.(c) Where access has been terminated under section 
2.1(b)(4) of this order and a new need for access arises, 
access eligibility up to the same level shall be reapproved 
without further investigation as to employees who were


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without further investigation as to employees who were 
determined to be eligible based on a favorable adjudication 
of an investigation completed within the prior 5 years, 
provided they have remained employed by the same 
employer during the period in question, the employee 
certifies in writing that there has been no change in the 
relevant information provided by the employee for the 
last background investigation, and there is no information 
that would tend to indicate the employee may no longer


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that would tend to indicate the employee may no longer 
satisfy the standards established by this order for access to 
classified information. 
(d) Access eligibility shall be reapproved for individuals 
who were determined to be eligible based on a favorable 
adjudication of an investigation completed within the prior 
5 years and who have been retired or otherwise separated 
from United States Government employment for not more 
than 2 years; provided there is no indication the individual


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than 2 years; provided there is no indication the individual 
may no longer satisfy the standards of this order, the 
individual certifies in writing that there has been no change 
in the relevant information provided by the individual 
for the last background investigation, and an appropriate 
record check reveals no unfavorable information.
Sec. 3.4. Reinvestigation Requirements . (a) Because 
circumstances and characteristics may change 
dramatically over time and thereby alter the eligibility of


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dramatically over time and thereby alter the eligibility of 
employees for continued access to classified information,


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circumstances and characteristics may change 
dramatically over time and thereby alter the eligibility of 
employees for continued access to classified information, 
reinvestigations shall be conducted with the same priority 
and care as initial investigations.
(b) Employees who are eligible for access to classified 
information shall be the subject of periodic reinvestigations 
and may also be reinvestigated if, at any time, there is 
reason to believe that they may no longer meet the


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reason to believe that they may no longer meet the 
standards for access established in this order.
(c) Not later than 180 days after the effective date of 
this order, the Security Executive Agent shall develop a 
common set of reinvestigative standards, including the 
frequency of reinvestigations.
Sec. 3.5. Continuous Evaluation . An individual who 
has been determined to be eligible for or who currently 
has access to classified information shall be subject to


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BASIC LAWS and AUTHORITIES  | 105	continuous evaluation under standards (including, but 
not limited to, the frequency of such evaluation) as 
determined by the Director of National Intelligence.
PART 4—INVESTIGATIONS FOR FOREIGN 
GOVERNMENTS
Sec. 4. Authority . Agencies that conduct background 
investigations, including the Federal Bureau of 
Investigation and the Department of State, are authorized 
to conduct personnel security investigations in the United


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to conduct personnel security investigations in the United 
States when requested by a foreign government as part of 
its own personnel security program and with the consent 
of the individual.
PART 5—REVIEW OF ACCESS 
DETERMINATIONS
Sec. 5.1. Determinations of Need for Access . A determination 
under section 2.1(b)(4) of this order that an employee 
does not have, or no longer has, a need for access is a 
discretionary determination and shall be conclusive.


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discretionary determination and shall be conclusive.
Sec. 5.2. Review Proceedings for Denials or Revocations of 
Eligibility for Access . (a) Applicants and employees who 
are determined to not meet the standards for access to 
classified information established in section 3.1 of this 
order shall be:
(1) provided as comprehensive and detailed a written 
explanation of the basis for that conclusion as the national 
security interests of the United States and other applicable 
law permit;


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law permit;
(2) provided within 30 days, upon request and to the 
extent the documents would be provided if requested un -
der the Freedom of Information Act (5 U.S.C. 552) or 
the Privacy Act (5 U.S.C. 552a), as applicable, any docu -
ments, records, and reports upon which a denial or revo -
cation is based;
(3) informed of their right to be represented by counsel 
or other representative at their own expense; to request 
any documents, records, and reports as described in sec -


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any documents, records, and reports as described in sec -
tion 5.2(a)(2) upon which a denial or revocation is based; 
and to request the entire investigative file, as permitted 
by the national security and other applicable law, which, 
if requested, shall be promptly provided prior to the time 
set for a written reply;(4) provided a reasonable opportunity to reply in writ -
ing to, and to request a review of, the determination;
(5) provided written notice of and reasons for the re -


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(5) provided written notice of and reasons for the re -
sults of the review, the identity of the deciding authority, 
and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing to a 
high level panel, appointed by the agency head, which 
shall be comprised of at least three members, two of 
whom shall be selected from outside the security field. 
Decisions of the panel shall be in writing, and final except 
as provided in subsection (b) of this section; and


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as provided in subsection (b) of this section; and
(7) provided an opportunity to appear personally and 
to present relevant documents, materials, and informa -
tion at some point in the process before an adjudicative 
or other authority, other than the investigating entity, as 
determined by the agency head. A written summary or 
recording of such appearance shall be made part of the ap -
plicant’s or employee’s security record, unless such appear -


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plicant’s or employee’s security record, unless such appear -
ance occurs in the presence of the appeals panel described 
in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency 
head from personally exercising the appeal authority 
in subsection (a)(6) of this section based upon 
recommendations from an appeals panel. In such case, 
the decision of the agency head shall be final.
(c) Agency heads shall promulgate regulations to


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(c) Agency heads shall promulgate regulations to 
implement this section and, at their sole discretion and 
as resources and national security considerations permit, 
may provide additional review proceedings beyond those 
required by subsection (a) of this section. This section 
does not require additional proceedings, however, and 
creates no procedural or substantive rights.
(d) When the head of an agency or principal deputy 
personally certifies that a procedure set forth in this


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personally certifies that a procedure set forth in this 
section cannot be made available in a particular case


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(d) When the head of an agency or principal deputy 
personally certifies that a procedure set forth in this 
section cannot be made available in a particular case 
without damaging the national security interests of the 
United States by revealing classified information, the 
particular procedure shall not be made available. This 
certification shall be conclusive.
(e) This section shall not be deemed to limit or affect the 
responsibility and power of an agency head pursuant to


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responsibility and power of an agency head pursuant to 
any law or other Executive order to deny or terminate


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106 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 107	access to classified information in the interests of national 
security. The power and responsibility to deny or 
terminate access to classified information pursuant to any 
law or other Executive order may be exercised only where 
the agency head determines that the procedures prescribed 
in subsection (a) of this section cannot be invoked in a 
manner that is consistent with national security. This 
determination shall be conclusive.


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determination shall be conclusive.
(f)(1) This section shall not be deemed to limit or affect 
the responsibility and power of an agency head to make 
determinations of suitability for employment.
(2) Nothing in this section shall require that an agen -
cy provide the procedures prescribed in subsection (a) of 
this section to an applicant where a conditional offer of 
employment is withdrawn for reasons of suitability or any 
other reason other than denial of eligibility for access to


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other reason other than denial of eligibility for access to 
classified information.
(3) A suitability determination shall not be used for the 
purpose of denying an applicant or employee the review 
proceedings of this section where there has been a denial or 
revocation of eligibility for access to classified information.
PART 6—IMPLEMENTATION
Sec. 6.1. Agency Implementing Responsibilities . Heads of 
agencies that grant employees access to classified information


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agencies that grant employees access to classified information 
shall: (a) designate a senior agency official to direct and 
administer the agency’s personnel security program established 
by this order. All such programs shall include active oversight 
and continuing security education and awareness programs to 
ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security Executive 
Agent, with other agencies to achieve practical, consistent,


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Agent, with other agencies to achieve practical, consistent, 
and effective adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agency’s 
implementation and administration of this order, 
including the implementation of section 1.3(a) of this 
order. Copies of each report shall be provided to the 
Security Executive Agent.
Sec. 6.2. Employee Responsibilities . (a) Employees who are 
granted eligibility for access to classified information shall:


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granted eligibility for access to classified information shall:
(1) protect classified information in their custody from 
unauthorized disclosure;(2) report all contacts with persons, including foreign 
nationals, who seek in any way to obtain unauthorized 
access to classified information;
(3) report all violations of security regulations to the 
appropriate security officials; and
(4) comply with all other security requirements set 
forth in this order and its implementing regulations.


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forth in this order and its implementing regulations.
(b) Employees are encouraged and expected to report 
any information that raises doubts as to whether another 
employee’s continued eligibility for access to classified 
information is clearly consistent with the national security.
Sec. 6.3. Security Executive Agent Responsibilities and 
Implementation . (a) With respect to actions taken by the 
Security Executive Agent pursuant to sections 1.3(c),


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Security Executive Agent pursuant to sections 1.3(c), 
3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the 
Director of National Intelligence shall serve as the final 
authority for implementation.
(b) Any guidelines, standards, or procedures developed by 
the Security Executive Agent pursuant to this order shall 
be consistent with those guidelines issued by the Federal 
Bureau of Investigation in March 1994 on Background 
Investigations Policy/Guidelines Regarding Sexual 
Orientation.


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Investigations Policy/Guidelines Regarding Sexual 
Orientation.
(c) In carrying out its responsibilities under this order, the 
Security Executive Agent shall consult where appropriate 
with the Overseas Security Executive Agent. In carrying 
out its responsibilities under section 1.3(c) of this order, 
the Security Executive Agent shall obtain the concurrence 
of the Director of the Office of Management and Budget.
Sec. 6.4. Sanctions . Employees shall be subject to


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Sec. 6.4. Sanctions . Employees shall be subject to 
appropriate sanctions if they knowingly and willfully grant


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of the Director of the Office of Management and Budget.
Sec. 6.4. Sanctions . Employees shall be subject to 
appropriate sanctions if they knowingly and willfully grant 
eligibility for, or allow access to, classified information in 
violation of this order or its implementing regulations. 
Sanctions may include reprimand, suspension without 
pay, removal, and other actions in accordance with 
applicable law and agency regulations.
PART 7—GENERAL PROVISIONS


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PART 7—GENERAL PROVISIONS
Sec. 7.1. Classified Information Procedures Act . Nothing in 
this order is intended to alter the procedures established 
under the Classified Information Procedures Act (18 
U.S.C. App.).


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BASIC LAWS and AUTHORITIES  | 107	Sec. 7.2. General . (a) Information obtained by an agency 
under sections 1.2(e) or 1.3 of this order may not be 
disseminated outside the agency, except to:
(1) the agency employing the employee who is the sub -
ject of the records or information;
(2) the Department of Justice for law enforcement or 
counterintelligence purposes; or
(3) any agency if such information is clearly relevant to 
the authorized responsibilities of such agency.


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the authorized responsibilities of such agency.
(b) The Attorney General, at the request of the head of 
an agency, shall render an interpretation of this order 
with respect to any question arising in the course of its 
administration.
(c) No prior Executive orders are repealed by this 
order. To the extent that this order is inconsistent 
with any provision of any prior Executive order, this 
order shall control, except that this order shall not


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order shall control, except that this order shall not 
diminish or otherwise affect the requirements of Executive Order No. 10450 [5 U.S.C. 7311 note], 
the denial and revocation procedures provided to 
individuals covered by Executive Order No. 10865, 
as amended [set out above], or access by historical 
researchers and former presidential appointees under 
Executive Order No. 12958 [formerly set out above] 
or any successor order.
(d) If any provision of this order or the application of such


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(d) If any provision of this order or the application of such 
provision is held to be invalid, the remainder of this order 
shall not be affected.
(e) This Executive order is intended only to improve 
the internal management of the executive branch and 
is not intended to, and does not, create any right to 
administrative or judicial review, or any other right or 
benefit or trust responsibility, substantive or procedural, 
enforceable by a party against the United States, its


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enforceable by a party against the United States, its 
agencies or instrumentalities, its officers or employees, or 
any other person.
(f) This order is effective immediately.


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108 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 109	EXECUTIVE ORDER 13467—  
REFORMING PROCESSES RELATED TO SUITABILITY 
FOR GOVERNMENT EMPLOYMENT , FITNESS FOR 
CONTRACTOR EMPLOYEES, AND ELIGIBILITY FOR ACCESS 
TO CLASSIFIED NATIONAL SECURITY INFORMATION
Ex. Ord. No. 13467, June 30, 2008, 73 F .R. 38103, 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 ensure an efficient, practical, reciprocal,


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and in order to ensure an efficient, practical, reciprocal, 
and aligned system for investigating and determining 
suitability for Government employment, contractor 
employee fitness, and eligibility for access to classified 
information, while taking appropriate account of title III 
of Public Law 108–458, it is hereby ordered as follows:
PART 1—POLICY, APPLICABILITY, AND 
DEFINITIONS
Section 1.1. Policy . Executive branch policies and 
procedures relating to suitability, contractor employee


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procedures relating to suitability, contractor employee 
fitness, eligibility to hold a sensitive position, access to 
federally controlled facilities and information systems, 
and eligibility for access to classified information shall be 
aligned using consistent standards to the extent possible, 
provide for reciprocal recognition, and shall ensure cost-
effective, timely, and efficient protection of the national 
interest, while providing fair treatment to those upon


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interest, while providing fair treatment to those upon 
whom the Federal Government relies to conduct our 
Nation’s business and protect national security.
Sec. 1.2. Applicability . (a) This order applies to all covered 
individuals as defined in section 1.3(g), except that:
(i) the provisions regarding eligibility for physical ac -
cess to federally controlled facilities and logical access to 
federally controlled information systems do not apply to


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federally controlled information systems do not apply to 
individuals exempted in accordance with guidance pursu -
ant to the Federal Information Security Management Act 
(title III ofPublic Law 107–347) and Homeland Security 
Presidential Directive 12; and
(ii) the qualification standards for enlistment, appoint -ment, and induction into the Armed Forces pursuant to 
title 10, United States Code, are unaffected by this order.
(b) This order also applies to investigations and


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(b) This order also applies to investigations and 
determinations of eligibility for access to classified 
information for employees of agencies working in 
or for the legislative or judicial branches when those 
investigations or determinations are conducted by the 
executive branch.
Sec. 1.3. Definitions . For the purpose of this order: (a) 
“Adjudication” means the evaluation of pertinent data in 
a background investigation, as well as any other available


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a background investigation, as well as any other available 
information that is relevant and reliable, to determine 
whether a covered individual is:
(i) suitable for Government employment;
(ii) eligible for logical and physical access;
(iii) eligible for access to classified information;
(iv) eligible to hold a sensitive position; or
(v) fit to perform work for or on behalf of the Govern -
ment as a contractor employee.
(b) “Agency” means any “Executive agency” as defined in


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(b) “Agency” means any “Executive agency” as defined in 
section 105 of title 5, United States Code, including the 
“military departments,” as defined in section 102 of title 
5, United States Code, and any other entity within the 
executive branch that comes into possession of classified 
information or has designated positions as sensitive, 
except such an entity headed by an officer who is not a 
covered individual.
(c) “Classified information” means information that has


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BASIC LAWS and AUTHORITIES  | 109	been determined pursuant to Executive Order 12958 of 
April 17, 1995, as amended [formerly set out above], or a 
successor or predecessor order, or the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq .) to require protection 
against unauthorized disclosure.
(d) “Continuous evaluation” means reviewing the 
background of an individual who has been determined to 
be eligible for access to classified information (including 
additional or new checks of commercial databases,


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additional or new checks of commercial databases, 
Government databases, and other information lawfully 
available to security officials) at any time during the 
period of eligibility to determine whether that individual 
continues to meet the requirements for eligibility for 
access to classified information.
(e) “Contractor” means an expert or consultant (not 
appointed under section 3109 of title 5, United States 
Code) to an agency; an industrial or commercial


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Code) to an agency; an industrial or commercial 
contractor, licensee, certificate holder, or grantee of any 
agency, including all subcontractors; a personal services 
contractor; or any other category of person who performs 
work for or on behalf of an agency (but not a Federal 
employee).
(f) “Contractor employee fitness” means fitness based on 
character and conduct for work for or on behalf of the 
Government as a contractor employee.
(g) “Covered individual” means a person who performs


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(g) “Covered individual” means a person who performs 
work for or on behalf of the executive branch, or who 
seeks to perform work for or on behalf of the executive 
branch, but does not include:
(i) the President or (except to the extent otherwise di -
rected by the President) employees of the President under 
section 105 or 107 of title 3, United States Code; or
(ii) the Vice President or (except to the extent other -
wise directed by the Vice President) employees of the Vice


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wise directed by the Vice President) employees of the Vice 
President under section 106 of title 3 or annual legislative 
branch appropriations acts.
(h) “End-to-end automation” means an executive branch-
wide federated system that uses automation to manage 
and monitor cases and maintain relevant documentation 
of the application (but not an employment application), 
investigation, adjudication, and continuous evaluation 
processes.(i) “Federally controlled facilities” and “federally con -


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trolled information systems” have the meanings prescribed 
in guidance pursuant to the Federal Information Security 
Management Act (title III of Public Law 107–347) and 
Homeland Security Presidential Directive 12.
(j) “Logical and physical access” means access other than 
occasional or intermittent access to federally controlled 
facilities or information systems.
(k) “Sensitive position” means any position so designated 
under Executive Order 10450 of April 27, 1953, as 
amended.


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under Executive Order 10450 of April 27, 1953, as 
amended.
(l) “Suitability” has the meaning and coverage provided 
in 5 CFR Part 731.
PART 2—ALIGNMENT, RECIPROCITY, AND 
GOVERNANCE
Sec. 2.1. Aligned System . (a) Investigations and 
adjudications of covered individuals who require a 
determination of suitability, eligibility for logical and 
physical access, eligibility to hold a sensitive position, 
eligibility for access to classified information, and, as


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eligibility for access to classified information, and, as 
appropriate, contractor employee fitness, shall be aligned 
using consistent standards to the extent possible. Each 
successively higher level of investigation and adjudication 
shall build upon, but not duplicate, the ones below it.
(b) The aligned system shall employ updated and 
consistent standards and methods, enable innovations 
with enterprise information technology capabilities and 
end-to-end automation to the extent practicable, and


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end-to-end automation to the extent practicable, and 
ensure that relevant information maintained by agencies 
can be accessed and shared rapidly across the executive 
branch, while protecting national security, protecting 
privacy-related information, ensuring resulting decisions 
are in the national interest, and providing the Federal 
Government with an effective workforce.
(c) Except as otherwise authorized by law, background


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are in the national interest, and providing the Federal 
Government with an effective workforce.
(c) Except as otherwise authorized by law, background 
investigations and adjudications shall be mutually and 
reciprocally accepted by all agencies. An agency may 
not establish additional investigative or adjudicative 
requirements (other than requirements for the conduct 
of a polygraph examination consistent with law, directive, 
or regulation) that exceed the requirements for suitability,


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or regulation) that exceed the requirements for suitability, 
contractor employee fitness, eligibility for logical or


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110 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 111	physical access, eligibility to hold a sensitive position, or 
eligibility for access to classified information without the 
approval of the Suitability Executive Agent or Security 
Executive Agent, as appropriate, and provided that 
approval to establish additional requirements shall be 
limited to circumstances where additional requirements 
are necessary to address significant needs unique to the


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are necessary to address significant needs unique to the 
agency involved or to protect national security.
Sec. 2.2. Establishment and Functions of Performance 
Accountability Council . (a) There is hereby established 
a Suitability and Security Clearance Performance 
Accountability Council (Council).
(b) The Deputy Director for Management, Office of 
Management and Budget, shall serve as Chair of the Council 
and shall have authority, direction, and control over the


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and shall have authority, direction, and control over the 
Council’s functions. Membership on the Council shall 
include the Suitability Executive Agent and the Security 
Executive Agent. The Chair shall select a Vice Chair to act 
in the Chair’s absence. The Chair shall have authority to 
designate officials from additional agencies who shall serve 
as members of the Council. Council membership shall 
be limited to Federal Government employees and shall 
include suitability and security professionals.


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include suitability and security professionals.
(c) The Council shall be accountable to the President to 
achieve, consistent with this order, the goals of reform, and 
is responsible for driving implementation of the reform 
effort, ensuring accountability by agencies, ensuring the 
Suitability Executive Agent and the Security Executive 
Agent align their respective processes, and sustaining 
reform momentum.
(d) The Council shall:
(i) ensure alignment of suitability, security, and, as ap -


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(i) ensure alignment of suitability, security, and, as ap -
propriate, contractor employee fitness investigative and 
adjudicative processes;
(ii) hold agencies accountable for the implementation 
of suitability, security, and, as appropriate, contractor em -
ployee fitness processes and procedures;
(iii) establish requirements for enterprise information 
technology;
(iv) establish annual goals and progress metrics and pre -


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(iv) establish annual goals and progress metrics and pre -
pare annual reports on results;(v) ensure and oversee the development of tools and 
techniques for enhancing background investigations and 
the making of eligibility determinations;
(vi) arbitrate disparities in procedures between the Suit -
ability Executive Agent and the Security Executive Agent;
(vii) ensure sharing of best practices; and
(viii) advise the Suitability Executive Agent and the Se -


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(viii) advise the Suitability Executive Agent and the Se -
curity Executive Agent on policies affecting the alignment 
of investigations and adjudications.
(e) The Chair may, to ensure the effective implementation 
of the policy set forth in section 1.1 of this order and to 
the extent consistent with law, assign, in whole or in part, 
to the head of any agency (solely or jointly) any function 
within the Council’s responsibility relating to alignment 
and improvement of investigations and determinations


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and improvement of investigations and determinations 
of suitability, contractor employee fitness, eligibility for 
logical and physical access, eligibility for access to classified 
information, or eligibility to hold a sensitive position.
Sec. 2.3. Establishment, Designation, and Functions 
of Executive Agents . (a) There is hereby established a 
Suitability Executive Agent and a Security Executive 
Agent.
(b) The Director of the Office of Personnel Management


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Agent.
(b) The Director of the Office of Personnel Management 
shall serve as the Suitability Executive Agent. As the 
Suitability Executive Agent, the Director of the Office of 
Personnel Management will continue to be responsible 
for developing and implementing uniform and consistent 
policies and procedures to ensure the effective, efficient, 
and timely completion of investigations and adjudications 
relating to determinations of suitability and eligibility for 
logical and physical access.


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logical and physical access.
(c) The Director of National Intelligence shall serve as the 
Security Executive Agent. The Security Executive Agent:


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logical and physical access.
(c) The Director of National Intelligence shall serve as the 
Security Executive Agent. The Security Executive Agent:
(i) shall direct the oversight of investigations and de -
terminations of eligibility for access to classified informa -
tion or eligibility to hold a sensitive position made by any 
agency;
(ii) shall be responsible for developing uniform and 
consistent policies and procedures to ensure the effective, 
efficient, and timely completion of investigations and


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efficient, and timely completion of investigations and 
adjudications relating to determinations of eligibility for


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BASIC LAWS and AUTHORITIES  | 111	access to classified information or eligibility to hold a sen -
sitive position;
(iii) may issue guidelines and instructions to the heads 
of agencies to ensure appropriate uniformity, centraliza -
tion, efficiency, effectiveness, and timeliness in processes 
relating to determinations by agencies of eligibility for 
access to classified information or eligibility to hold a sen -
sitive position;
(iv) shall serve as the final authority to designate an


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(iv) shall serve as the final authority to designate an 
agency or agencies to conduct investigations of persons 
who are proposed for access to classified information to 
ascertain whether such persons satisfy the criteria for ob -
taining and retaining access to classified information or 
eligibility to hold a sensitive position;
(v) shall serve as the final authority to designate an 
agency or agencies to determine eligibility for access to 
classified information in accordance with Executive Order


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classified information in accordance with Executive Order 
12968 of August 2, 1995 [set out above];
(vi) shall ensure reciprocal recognition of eligibility 
for access to classified information among the agencies, 
including acting as the final authority to arbitrate and 
resolve disputes among the agencies involving the reci -
procity of investigations and determinations of eligibility 
for access to classified information or eligibility to hold a 
sensitive position; and


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sensitive position; and
(vii) may assign, in whole or in part, to the head of any 
agency (solely or jointly) any of the functions detailed in 
(i) through (vi), above, with the agency’s exercise of such 
assigned functions to be subject to the Security Executive 
Agent’s oversight and with such terms and conditions (in -
cluding approval by the Security Executive Agent) as the 
Security Executive Agent determines appropriate.
(d) Nothing in this order shall be construed in a manner


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(d) Nothing in this order shall be construed in a manner 
that would limit the authorities of the Director of the 
Office of Personnel Management or the Director of 
National Intelligence under law.
Sec. 2.4. Additional Functions . (a) The duties assigned to 
the Security Policy Board by Executive Order 12968 of 
August 2, 1995, to consider, coordinate, and recommend 
policy directives for executive branch security policies, 
procedures, and practices are reassigned to the Security


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procedures, and practices are reassigned to the Security 
Executive Agent.(b) Heads of agencies shall:
(i) carry out any function assigned to the agency head 
by the Chair, and shall assist the Chair, the Council, the 
Suitability Executive Agent, and the Security Executive 
Agent in carrying out any function under sections 2.2 and 
2.3 of this order;
(ii) implement any policy or procedure developed pur -
suant to this order;
(iii) to the extent permitted by law, make available to


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(iii) to the extent permitted by law, make available to 
the Performance Accountability Council, the Suitability 
Executive Agent, or the Security Executive Agent such in -
formation as may be requested to implement this order;
(iv) ensure that all actions taken under this order take 
account of the counterintelligence interests of the United 
States, as appropriate; and
(v) ensure that actions taken under this order are con -
sistent with the President’s constitutional authority to:


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sistent with the President’s constitutional authority to:
(A) conduct the foreign affairs of the United States;
(B) withhold information the disclosure of which 
could impair the foreign relations, the national security, 
the deliberative processes of the Executive, or the per -
formance of the Executive’s constitutional duties;
(C) recommend for congressional consideration such 
measures as the President may judge necessary or expe -
dient; and
(D) supervise the unitary executive branch.


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dient; and
(D) supervise the unitary executive branch.
PART 3—MISCELLANEOUS
Sec. 3. General Provisions . (a) Executive Order 13381 of 
June 27, 2005, as amended, is revoked. Nothing in this 
order shall:
(i) supersede, impede, or otherwise affect:
(A) Executive Order 10450 of April 27, 1953, as 
amended;
(B) Executive Order 10577 of November 23, 1954, 
as amended;
(C) Executive Order 12333 of December 4, 1981, 
as amended;


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112 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 113	(D) Executive Order 12829 of January 6, 1993, as 
amended; or
(E) Executive Order 12958 of April 17, 1995, as 
amended [formerly set out above]; nor
(ii) diminish or otherwise affect the denial and revoca -
tion procedures provided to individuals covered by Ex -
ecutive Order 10865 of February 20, 1960, as amended.
(b) [Amended Ex. Ord. No. 12968, set out above.]
(c) Nothing in this order shall supersede, impede, or


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(c) Nothing in this order shall supersede, impede, or 
otherwise affect the remainder of Executive Order 12968 
of August 2, 1995, as amended.
(d) [Amended Ex. Ord. No. 12171, set out as a note 
under section 7103 of Title 5, Government Organization 
and Employees.]
(e) Nothing in this order shall be construed to impair or 
otherwise affect the:
(i) authority granted by law to a department or agency, or 
the head thereof; or


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the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or 
legislative proposals.
(f) This order shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
(g) Existing delegations of authority made pursuant to 
Executive Order 13381 of June 27, 2005, as amended, 
to any agency relating to granting eligibility for access 
to classified information and conducting investigations


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to classified information and conducting investigations 
shall 13 [sic] remain in effect, subject to the exercise of 
authorities pursuant to this order to revise or revoke such 
delegation.
(h) If any provision of this order or the application of 
such provision is held to be invalid, the remainder of this 
order shall not be affected.
(i) This order is intended only to improve the internal 
management of the executive branch and is not intended


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management of the executive branch and is not intended 
to, and does not, create any right or benefit, substantive or 
procedural, enforceable at law or in equity, by any party 
against the United States, its agencies, instrumentalities, 
or entities, its officers or employees, or any other person.


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BASIC LAWS and AUTHORITIES  | 113	EXECUTIVE ORDER 13489—  
PRESIDENTIAL RECORDS
By the authority vested in me as President by the 
Constitution and the laws of the United States of 
America, and in order to establish policies and procedures 
governing the assertion of executive privilege by 
incumbent and former Presidents in connection with the 
release of Presidential records by the National Archives 
and Records Administration (NARA) pursuant to the


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and Records Administration (NARA) pursuant to the 
Presidential Records Act of 1978, it is hereby ordered as 
follows:
Section 1.  Definitions.  For purposes of this order:
(a) “Archivist” refers to the Archivist of the United States 
or his designee.
(b) “NARA” refers to the National Archives and Records 
Administration.
(c) “Presidential Records Act” refers to the Presidential 
Records Act, 44 U.S.C. 2201-2207.
(d) “NARA regulations” refers to the NARA regulations


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(d) “NARA regulations” refers to the NARA regulations 
implementing the Presidential Records Act, 36 C.F.R. 
Part 1270.
(e) “Presidential records” refers to those documentary 
materials maintained by NARA pursuant to the 
Presidential Records Act, including Vice Presidential 
records.
(f) “Former President” refers to the former President 
during whose term or terms of office particular Presidential 
records were created.
(g) A “substantial question of executive privilege” exists if


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(g) A “substantial question of executive privilege” exists if 
NARA’s disclosure of Presidential records might impair 
national security (including the conduct of foreign 
relations), law enforcement, or the deliberative processes 
of the executive branch.
(h) A “final court order” is a court order from which no 
appeal may be taken.Sec. 2.  Notice of Intent to Disclose Presidential Records. 
(a) When the Archivist provides notice to the incumbent and


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(a) When the Archivist provides notice to the incumbent and 
former Presidents of his intent to disclose Presidential records 
pursuant to section 1270.46 of the NARA regulations, the 
Archivist, using any guidelines provided by the incumbent 
and former Presidents, shall identify any specific materials, 
the disclosure of which he believes may raise a substantial 
question of executive privilege. However, nothing in this 
order is intended to affect the right of the incumbent or


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order is intended to affect the right of the incumbent or 
former Presidents to invoke executive privilege with respect 
to materials not identified by the Archivist. Copies of the 
notice for the incumbent President shall be delivered to the 
President (through the Counsel to the President) and the 
Attorney General (through the Assistant Attorney General 
for the Office of Legal Counsel). The copy of the notice 
for the former President shall be delivered to the former


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for the former President shall be delivered to the former 
President or his designated representative.
(b) Upon the passage of 30 days after receipt by the 
incumbent and former Presidents of a notice of intent to 
disclose Presidential records, the Archivist may disclose 
the records covered by the notice, unless during that time 
period the Archivist has received a claim of executive 
privilege by the incumbent or former President or the 
Archivist has been instructed by the incumbent President


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Archivist has been instructed by the incumbent President 
or his designee to extend the time period for a time certain 
and with reason for the extension of time provided in the 
notice. If a shorter period of time is required under the 
circumstances set forth in section 1270.44 of the NARA 
regulations, the Archivist shall so indicate in the notice.
Sec. 3.  Claim of Executive Privilege by Incumbent 
President. 
(a) Upon receipt of a notice of intent to disclose Presidential


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records, the Attorney General (directly or through the 
Assistant Attorney General for the Office of Legal Counsel) 
and the Counsel to the President shall review as they deem 
appropriate the records covered by the notice and consult 
with each other, the Archivist, and such other executive


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114 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 115	agencies as they deem appropriate concerning whether 
invocation of executive privilege is justified.
(b) The Attorney General and the Counsel to the 
President, in the exercise of their discretion and after 
appropriate review and consultation under subsection (a) 
of this section, may jointly determine that invocation of 
executive privilege is not justified. The Archivist shall be 
notified promptly of any such determination.


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notified promptly of any such determination.
(c) If either the Attorney General or the Counsel to 
the President believes that the circumstances justify 
invocation of executive privilege, the issue shall be 
presented to the President by the Counsel to the President 
and the Attorney General.
(d) If the President decides to invoke executive 
privilege, the Counsel to the President shall notify 
the former President, the Archivist, and the Attorney 
General in writing of the claim of privilege and the


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General in writing of the claim of privilege and the 
specific Presidential records to which it relates. After 
receiving such notice, the Archivist shall not disclose 
the privileged records unless directed to do so by an 
incumbent President or by a final court order.
Sec. 4.  Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a 
living former President, the Archivist shall consult with 
the Attorney General (through the Assistant Attorney


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the Attorney General (through the Assistant Attorney 
General for the Office of Legal Counsel), the Counsel to 
the President, and such other executive agencies as the 
Archivist deems appropriate concerning the Archivist’s 
determination as to whether to honor the former 
President’s claim of privilege or instead to disclose the 
Presidential records notwithstanding the claim of privilege. 
Any determination under section 3 of this order that 
executive privilege shall not be invoked by the incumbent


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executive privilege shall not be invoked by the incumbent 
President shall not prejudice the Archivist’s determination 
with respect to the former President’s claim of privilege.(b) In making the determination referred to in subsection 
(a) of this section, the Archivist shall abide by any 
instructions given him by the incumbent President or his 
designee unless otherwise directed by a final court order.  
The Archivist shall notify the incumbent and former


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The Archivist shall notify the incumbent and former 
Presidents of his determination at least 30 days prior to 
disclosure of the Presidential records, unless a shorter 
time period is required in the circumstances set forth in 
section 1270.44 of the NARA regulations. Copies of the 
notice for the incumbent President shall be delivered to 
the President (through the Counsel to the President) and 
the Attorney General (through the Assistant Attorney


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the Attorney General (through the Assistant Attorney 
General for the Office of Legal Counsel). The copy of the 
notice for the former President shall be delivered to the 
former President or his designated representative.
Sec. 5.  General Provisions. 
(a) Nothing in this order shall be construed to impair or 
otherwise affect:
(i) authority granted by law to a department or agency, 
or the head thereof; or
(ii) functions of the Director of the Office of Manage -


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(ii) functions of the Director of the Office of Manage -
ment and Budget relating to budget, administrative, or 
legislative proposals.
(b) This order shall be implemented consistent 
with applicable law and subject to the availability of 
appropriations.
(c) This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees,


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departments, agencies, or entities, its officers, employees, 
or agents, or any other person.
Sec. 6.  Revocation.  Executive Order 13233 of November 
1, 2001, is revoked.


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BASIC LAWS and AUTHORITIES  | 115	EXECUTIVE ORDER 13526—  
CLASSIFIED NATIONAL SECURITY INFORMATION
This order prescribes a uniform system for classifying, 
safeguarding, and declassifying national security 
information, including information relating to defense 
against transnational terrorism. Our democratic principles 
require that the American people be informed of the 
activities of their Government. Also, our Nation’s progress 
depends on the free flow of information both within the


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depends on the free flow of information both within the 
Government and to the American people. Nevertheless, 
throughout our history, the national defense has required 
that certain information be maintained in confidence in 
order to protect our citizens, our democratic institutions, 
our homeland security, and our interactions with 
foreign nations. Protecting information critical to our 
Nation’s security and demonstrating our commitment 
to open Government through accurate and accountable


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to open Government through accurate and accountable 
application of classification standards and routine, secure, 
and effective declassification are equally important 
priorities.
NOW, THEREFORE, I, BARACK OBAMA, by the 
authority vested in me as President by the Constitution 
and the laws of the United States of America, it is hereby 
ordered as follows:
PART 1 — ORIGINAL CLASSIFICATION
Section 1.1.  Classification Standards.  (a) Information 
may be originally classified under the terms of this order


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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 cat -
egories of information listed in section 1.4 of this order; 
and
(4) the original classification authority determines that


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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 se -
curity, which includes defense against transnational ter -
rorism, 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:


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not:
(1) amplify or modify the substantive criteria or proce -
dures for classification; or
(2) create any substantive or procedural rights subject 
to judicial review.
(c) Classified information shall not be declassified 
automatically as a result of any unauthorized disclosure of 
identical or similar information.
(d) The unauthorized disclosure of foreign government 
information is presumed to cause damage to the national 
security.
Sec. 1.2.  Classification Levels.  (a) Information may be


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Sec. 1.2.  Classification Levels.  (a) Information may be 
classified at one of the following three levels:
(1) “Top Secret” shall be applied to information, the 
unauthorized disclosure of which reasonably could be ex -
pected to cause exceptionally grave damage to the nation -
al security that the original classification authority is able 
to identify or describe.
(2) “Secret” shall be applied to information, the unau -
thorized disclosure of which reasonably could be expected


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thorized 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 de -
scribe.
(3) “Confidential” shall be applied to information, the 
unauthorized disclosure of which reasonably could be ex -
pected to cause damage to the national security that the 
original classification authority is able to identify or de -
scribe.


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116 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 117	(b) Except as otherwise provided by statute, no other 
terms shall be used to identify United States classified 
information.
(c) If there is significant doubt about the appropriate level 
of classification, it shall be classified at the lower level.
Sec. 1.3.  Classification Authority.  (a) The authority to 
classify information originally may be exercised only by:
(1) the President and the Vice President;


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(1) the President and the Vice President;
(2) agency heads and officials designated by the Presi -
dent; and
(3) United States Government officials delegated this 
authority pursuant to paragraph (c) of this section.
(b) Officials authorized to classify information at a 
specified level are also authorized to classify information 
at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall


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(1) Delegations of original classification authority shall 
be limited to the minimum required to administer this 
order. Agency heads are responsible for ensuring that 
designated subordinate officials have a demonstrable and 
continuing need to exercise this authority.
(2) “Top Secret” original classification authority may be 
delegated only by the President, the Vice President, or an 
agency head or official designated pursuant to paragraph 
(a)(2) of this section.


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(a)(2) of this section.
(3) “Secret” or “Confidential” original classification au -
thority may be delegated only by the President, the Vice 
President, an agency head or official designated pursuant 
to paragraph (a)(2) of this section, or the senior agency 
official designated under section 5.4(d) of this order, pro -
vided that official has been delegated “Top Secret” origi -
nal classification authority by the agency head.
(4) Each delegation of original classification authority


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(4) Each delegation of original classification authority 
shall be in writing and the authority shall not be redel -
egated except as provided in this order. Each delegation 
shall identify the official by name or position.
(5) Delegations of original classification authority shall 
be reported or made available by name or position to the 
Director of the Information Security Oversight Office.(d) All original classification authorities must receive training


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in proper classification (including the avoidance of over-
classification) and declassification as provided in this order 
and its implementing directives at least once a calendar 
year. Such training must include instruction on the proper 
safeguarding of classified information and on the sanctions 
in section 5.5 of this order that may be brought against 
an individual who fails to classify information properly or 
protect classified information from unauthorized disclosure.


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protect classified information from unauthorized disclosure.  
Original classification authorities who do not receive such 
mandatory training at least once within a calendar year shall 
have their classification authority suspended by the agency 
head or the senior agency official designated under section 
5.4(d) of this order until such training has taken place. A 
waiver may be granted by the agency head, the deputy agency 
head, or the senior agency official if an individual is unable


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head, or the senior agency official if an individual is unable 
to receive such training due to unavoidable circumstances.  
Whenever a waiver is granted, the individual shall receive 
such training as soon as practicable.
(e) Exceptional cases. When an employee, government 
contractor, licensee, certificate holder, or grantee of an 
agency who does not have original classification authority 
originates information believed by that person to require 
classification, the information shall be protected in a


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classification, the information shall be protected in a 
manner consistent with this order and its implementing 
directives. The information shall be transmitted promptly 
as provided under this order or its implementing 
directives to the agency that has appropriate subject 
matter interest and classification authority with respect to 
this information. That agency shall decide within 30 days 
whether to classify this information.
Sec. 1.4.  Classification Categories. Information shall not


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this information. That agency shall decide within 30 days 
whether to classify this information.
Sec. 1.4.  Classification Categories. Information shall not 
be considered for classification unless its unauthorized 
disclosure could reasonably be expected to cause 
identifiable or describable damage to the national security 
in accordance with section 1.2 of this order, and it pertains 
to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;


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(b) foreign government information;
(c) intelligence activities (including covert action), 
intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United 
States, including confidential sources;


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BASIC LAWS and AUTHORITIES  | 117	(e) scientific, technological, or economic matters relating 
to the national security;
(f) United States Government programs for safeguarding 
nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, 
infrastructures, projects, plans, or protection services 
relating to the national security; or
(h) the development, production, or use of weapons of 
mass destruction.
Sec. 1.5.  Duration of Classification.  (a) At the time of


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Sec. 1.5.  Duration of Classification.  (a) At the time of 
original classification, the original classification authority 
shall establish a specific date or event for declassification 
based on the duration of the national security sensitivity 
of the information. Upon reaching the date or event, the 
information shall be automatically declassified. Except 
for information that should clearly and demonstrably be 
expected to reveal the identity of a confidential human


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expected to reveal the identity of a confidential human 
source or a human intelligence source or key design 
concepts of weapons of mass destruction, the date or event 
shall not exceed the time frame established in paragraph 
(b) of this section.
(b) If the original classification authority cannot determine 
an earlier specific date or event for declassification, 
information shall be marked for declassification 10 years 
from the date of the original decision, unless the original


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from the date of the original decision, unless the original 
classification authority otherwise determines that the 
sensitivity of the information requires that it be marked 
for declassification for up to 25 years from the date of the 
original decision.
(c) An original classification authority may extend the 
duration of classification up to 25 years from the date of 
origin of the document, change the level of classification, 
or reclassify specific information only when the standards


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or reclassify specific information only when the standards 
and procedures for classifying information under this 
order are followed.
(d) No information may remain classified indefinitely. 
Information marked for an indefinite duration of 
classification under predecessor orders, for example, 
marked as “Originating Agency’s Determination 
Required,” or classified information that contains 
incomplete declassification instructions or lacks


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incomplete declassification instructions or lacks 
declassification instructions shall be declassified in accordance with part 3 of this order.
Sec. 1.6.  Identification and Markings.  (a) At the time of 
original classification, the following shall be indicated in a 
manner that is immediately apparent:
(1) one of the three classification levels defined in sec -
tion 1.2 of this order;
(2) the identity, by name and position, or by personal 
identifier, of the original classification authority;


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identifier, of the original classification authority;
(3) the agency and office of origin, if not otherwise ev -
ident;
(4) declassification instructions, which shall indicate 
one of the following:
(A) the date or event for declassification, as prescribed in 
section 1.5(a);
(B) the date that is 10 years from the date of original 
classification, as prescribed in section 1.5(b);
(C) the date that is up to 25 years from the date of original 
classification, as prescribed in section 1.5(b); or


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classification, as prescribed in section 1.5(b); or
(D) in the case of information that should clearly and 
demonstrably be expected to reveal the identity of a 
confidential human source or a human intelligence source 
or key design concepts of weapons of mass destruction, 
the marking prescribed in implementing directives issued 
pursuant to this order; and
(5) a concise reason for classification that, at a mini -
mum, cites the applicable classification categories in sec -
tion 1.4 of this order.


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tion 1.4 of this order.
(b) Specific information required in paragraph (a) of this 
section may be excluded if it would reveal additional 
classified information.
(c) With respect to each classified document, the agency 
originating the document shall, by marking or other 
means, indicate which portions are classified, with the 
applicable classification level, and which portions are 
unclassified. In accordance with standards prescribed 
in directives issued under this order, the Director of


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applicable classification level, and which portions are 
unclassified. In accordance with standards prescribed 
in directives issued under this order, the Director of 
the Information Security Oversight Office may grant 
and revoke temporary waivers of this requirement. The 
Director shall revoke any waiver upon a finding of abuse.


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118 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 119	(d) Markings or other indicia implementing the provisions 
of this order, including abbreviations and requirements to 
safeguard classified working papers, shall conform to the 
standards prescribed in implementing directives issued 
pursuant to this order.
(e) Foreign government information shall retain its 
original classification markings or shall be assigned a U.S. 
classification that provides a degree of protection at least


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classification that provides a degree of protection at least 
equivalent to that required by the entity that furnished the 
information. Foreign government information retaining 
its original classification markings need not be assigned a 
U.S. classification marking provided that the responsible 
agency determines that the foreign government markings 
are adequate to meet the purposes served by U.S. 
classification markings.
(f) Information assigned a level of classification under this


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


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(g) The classification authority shall, whenever 
practicable, use a classified addendum whenever classified 
information constitutes a small portion of an otherwise 
unclassified document or prepare a product to allow for 
dissemination at the lowest level of classification possible 
or in unclassified form.
(h) Prior to public release, all declassified records shall be 
appropriately marked to reflect their declassification.
Sec. 1.7.  Classification Prohibitions and Limitations.


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Sec. 1.7.  Classification Prohibitions and Limitations.   
(a) In no case shall information be classified, continue to be 
maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or adminis -
trative error;
(2) prevent embarrassment to a person, organization, 
or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does


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(4) prevent or delay the release of information that does 
not require protection in the interest of the national security.(b) Basic scientific research information not clearly related 
to the national security shall not be classified.
(c) Information may not be reclassified after declassification 
and release to the public under proper authority unless:
(1) the reclassification is personally approved in writing 
by the agency head based on a document-by-document


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by the agency head based on a document-by-document 
determination by the agency that reclassification is re -
quired to prevent significant and demonstrable damage to 
the national security;
(2) the information may be reasonably recovered with -
out bringing undue attention to the information;
(3) the reclassification action is reported promptly to 
the Assistant to the President for National Security Affairs 
(National Security Advisor) and the Director of the Infor -
mation Security Oversight Office; and


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mation Security Oversight Office; and
(4) for documents in the physical and legal custody of 
the National Archives and Records Administration (Na -
tional Archives) that have been available for public use, 
the agency head has, after making the determinations 
required by this paragraph, notified the Archivist of the 
United States (Archivist), who shall suspend public ac -
cess pending approval of the reclassification action by the 
Director of the Information Security Oversight Office.


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Director of the Information Security Oversight Office.  
Any such decision by the Director may be appealed by 
the agency head to the President through the National 
Security Advisor. Public access shall remain suspended 
pending a prompt decision on the appeal.
(d) Information that has not previously been disclosed to the 
public under proper authority may be classified or reclassified 
after an agency has received a request for it under the Freedom


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public under proper authority may be classified or reclassified 
after an agency has received a request for it under the Freedom 
of Information Act (5 U.S.C. 552), the Presidential Records 
Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 
552a), or the mandatory review provisions of section 3.5 of 
this order only if such classification meets the requirements 
of this order and is accomplished on a document-by-
document basis with the personal participation or under


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document basis with the personal participation or under 
the direction of the agency head, the deputy agency head, 
or the senior agency official designated under section 5.4 of 
this order. The requirements in this paragraph also apply to 
those situations in which information has been declassified 
in accordance with a specific date or event determined by 
an original classification authority in accordance with section 
1.5 of this order.


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BASIC LAWS and AUTHORITIES  | 119	(e) Compilations of items of information that are 
individually unclassified may be classified if the 
compiled information reveals an additional association or 
relationship that: (1) meets the standards for classification 
under this order; and (2) is not otherwise revealed in the 
individual items of information.
Sec. 1.8.  Classification Challenges.  (a) Authorized 
holders of information who, in good faith, believe that


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holders of information who, in good faith, believe that 
its classification status is improper are encouraged and 
expected to challenge the classification status of the 
information in accordance with agency procedures 
established under paragraph (b) of this section.
(b) In accordance with implementing directives issued 
pursuant to this order, an agency head or senior agency 
official shall establish procedures under which authorized 
holders of information, including authorized holders


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holders of information, including authorized holders 
outside the classifying agency, are encouraged and 
expected to challenge the classification of information 
that they believe is improperly classified or unclassified.  
These procedures shall ensure that:
(1) individuals are not subject to retribution for bring -
ing such actions;
(2) an opportunity is provided for review by an impar -
tial official or panel; and
(3) individuals are advised of their right to appeal agen -


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(3) individuals are advised of their right to appeal agen -
cy decisions to the Interagency Security Classification Ap -
peals Panel (Panel) established by section 5.3 of this order.
(c) Documents required to be submitted for prepublication 
review or other administrative process pursuant to an approved 
nondisclosure agreement are not covered by this section.
Sec. 1.9.  Fundamental Classification Guidance Review.   
(a) Agency heads shall complete on a periodic basis


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


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(b) The classification guidance review shall include an 
evaluation of classified information to determine if it meets the standards for classification under section 1.4 of 
this order, taking into account an up-to-date assessment 
of likely damage as described under section 1.2 of this 
order.
(c) The classification guidance review shall include 
original classification authorities and agency subject 
matter experts to ensure a broad range of perspectives.


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matter experts to ensure a broad range of perspectives.
(d) Agency heads shall provide a report summarizing the 
results of the classification guidance review to the Director 
of the Information Security Oversight Office and shall 
release an unclassified version of this report to the public.
PART 2—DERIVATIVE CLASSIFICATION
Sec. 2.1.  Use of Derivative Classification.  (a) Persons who 
reproduce, extract, or summarize classified information, 
or who apply classification markings derived from source


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or who apply classification markings derived from source 
material or as directed by a classification guide, need not 
possess original classification authority.
(b) Persons who apply derivative classification markings 
shall:
(1) be identified by name and position, or by personal 
identifier, in a manner that is immediately apparent for 
each derivative classification action;
(2) observe and respect original classification decisions; 
and
(3) carry forward to any newly created documents the


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and
(3) carry forward to any newly created documents the 
pertinent classification markings. For information deriv -
atively classified based on multiple sources, the derivative 
classifier shall carry forward:
(A) the date or event for declassification that corre -
sponds to the longest period of classification among the 
sources, or the marking established pursuant to section 
1.6(a)(4)(D) of this order; and
(B) a listing of the source materials.


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(B) a listing of the source materials.
(c) Derivative classifiers shall, whenever practicable, use 
a classified addendum whenever classified information


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1.6(a)(4)(D) of this order; and
(B) a listing of the source materials.
(c) Derivative classifiers shall, whenever practicable, use 
a classified addendum whenever classified information 
constitutes a small portion of an otherwise unclassified 
document or prepare a product to allow for dissemination 
at the lowest level of classification possible or in 
unclassified form.


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120 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 121	(d) Persons who apply derivative classification markings 
shall receive training in the proper application of the 
derivative classification principles of the order, with an 
emphasis on avoiding over-classification, at least once 
every 2 years. Derivative classifiers who do not receive 
such training at least once every 2 years shall have their 
authority to apply derivative classification markings


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authority to apply derivative classification markings 
suspended until they have received such training. A waiver 
may be granted by the agency head, the deputy agency 
head, or the senior agency official if an individual is unable 
to receive such training due to unavoidable circumstances.  
Whenever a waiver is granted, the individual shall receive 
such training as soon as practicable.
Sec. 2.2.  Classification Guides.  (a) Agencies with 
original classification authority shall prepare classification


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original classification authority shall prepare classification 
guides to facilitate the proper and uniform derivative 
classification of information. These guides shall conform 
to standards contained in directives issued under this 
order.
(b) Each guide shall be approved personally and in writing 
by an official who:
(1) has program or supervisory responsibility over the 
information or is the senior agency official; and
(2) is authorized to classify information originally at the


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(2) is authorized to classify information originally at the 
highest level of classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure that 
classification guides are reviewed and updated as provided 
in directives issued under this order.
(d) Agencies shall incorporate original classification 
decisions into classification guides on a timely basis and 
in accordance with directives issued under this order.
(e) Agencies may incorporate exemptions from automatic


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(e) Agencies may incorporate exemptions from automatic 
declassification approved pursuant to section 3.3(j) of this 
order into classification guides, provided that the Panel 
is notified of the intent to take such action for specific 
information in advance of approval and the information 
remains in active use.
(f) The duration of classification of a document classified 
by a derivative classifier using a classification guide shall 
not exceed 25 years from the date of the origin of the


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not exceed 25 years from the date of the origin of the 
document, except for:(1) information that should clearly and demonstrably 
be expected to reveal the identity of a confidential human 
source or a human intelligence source or key design con -
cepts of weapons of mass destruction; and
(2) specific information incorporated into classification 
guides in accordance with section 2.2(e) of this order.
PART 3—DECLASSIFICATION AND 
DOWNGRADING
Sec. 3.1.  Authority for Declassification.  (a) Information


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Sec. 3.1.  Authority for Declassification.  (a) Information 
shall be declassified as soon as it no longer meets the 
standards for classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classifica -
tion, if that official is still serving in the same position and 
has original classification authority;
(2) the originator’s current successor in function, if that 
individual has original classification authority;


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individual has original classification authority;
(3) a supervisory official of either the originator or his 
or her successor in function, if the supervisory official has 
original classification authority; or
(4) officials delegated declassification authority in writ -
ing by the agency head or the senior agency official of the 
originating agency.
(c) The Director of National Intelligence (or, if delegated 
by the Director of National Intelligence, the Principal


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by the Director of National Intelligence, the Principal 
Deputy Director of National Intelligence) may, with 
respect to the Intelligence Community, after consultation 
with the head of the originating Intelligence Community 
element or department, declassify, downgrade, or direct the 
declassification or downgrading of information or intelligence 
relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to


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declassification or downgrading of information or intelligence 
relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to 
meet the classification requirements under this order 
requires continued protection. In some exceptional cases, 
however, the need to protect such information may be 
outweighed by the public interest in disclosure of the 
information, and in these cases the information should


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information, and in these cases the information should 
be declassified. When such questions arise, they shall be 
referred to the agency head or the senior agency official.  
That official will determine, as an exercise of discretion,


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BASIC LAWS and AUTHORITIES  | 121	whether the public interest in disclosure outweighs the 
damage to the national security that might reasonably be 
expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or proce -
dures for classification; or
(2) create any substantive or procedural rights subject 
to judicial review.
(e) If the Director of the Information Security Oversight 
Office determines that information is classified in violation


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Office determines that information is classified in violation 
of this order, the Director may require the information 
to be declassified by the agency that originated the 
classification. Any such decision by the Director may be 
appealed to the President through the National Security 
Advisor. The information shall remain classified pending 
a prompt decision on the appeal.
(f) The provisions of this section shall also apply to 
agencies that, under the terms of this order, do not have


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agencies that, under the terms of this order, do not have 
original classification authority, but had such authority 
under predecessor orders.
(g) No information may be excluded from declassification 
under section 3.3 of this order based solely on the type 
of document or record in which it is found. Rather, the 
classified information must be considered on the basis of 
its content.
(h) Classified nonrecord materials, including artifacts, 
shall be declassified as soon as they no longer meet the


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shall be declassified as soon as they no longer meet the 
standards for classification under this order.
(i) When making decisions under sections 3.3, 3.4, and 
3.5 of this order, agencies shall consider the final decisions 
of the Panel.
Sec. 3.2.  Transferred Records.  (a) In the case of classified 
records transferred in conjunction with a transfer of 
functions, and not merely for storage purposes, the 
receiving agency shall be deemed to be the originating 
agency for purposes of this order.


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


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in possession of the records after consultation with any 
other agency that has an interest in the subject matter of 
the records.
(c) Classified records accessioned into the National 
Archives shall be declassified or downgraded by the 
Archivist in accordance with this order, the directives 
issued pursuant to this order, agency declassification 
guides, and any existing procedural agreement between 
the Archivist and the relevant agency head.
(d) The originating agency shall take all reasonable


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(d) The originating agency shall take all reasonable 
steps to declassify classified information contained in 
records determined to have permanent historical value 
before they are accessioned into the National Archives.  
However, the Archivist may require that classified records 
be accessioned into the National Archives when necessary 
to comply with the provisions of the Federal Records Act.  
This provision does not apply to records transferred to


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This provision does not apply to records transferred to 
the Archivist pursuant to section 2203 of title 44, United 
States Code, or records for which the National Archives 
serves as the custodian of the records of an agency or 
organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt a 
system of records management that will facilitate the 
public release of documents at the time such documents 
are declassified pursuant to the provisions for automatic


key: chroma:document
string_value:
are declassified pursuant to the provisions for automatic 
declassification in section 3.3 of this order.
Sec. 3.3.  Automatic Declassification.  (a) Subject to 
paragraphs (b)–(d) and (g)–(j) of this section, all classified 
records that (1) are more than 25 years old and (2) have 
been determined to have permanent historical value 
under title 44, United States Code, shall be automatically 
declassified whether or not the records have been reviewed.


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been determined to have permanent historical value 
under title 44, United States Code, shall be automatically 
declassified whether or not the records have been reviewed.  
All classified records shall be automatically declassified on 
December 31 of the year that is 25 years from the date 
of origin, except as provided in paragraphs (b)–(d) and 
(g)–(i) of this section. If the date of origin of an individual 
record cannot be readily determined, the date of original 
classification shall be used instead.


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classification shall be used instead.
(b) An agency head may exempt from automatic 
declassification under paragraph (a) of this section 
specific information, the release of which should clearly 
and demonstrably be expected to:


key: chroma:document
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122 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 123	(1) reveal the identity of a confidential human source, a 
human intelligence source, a relationship with an intelli -
gence or security service of a foreign government or inter -
national organization, or a nonhuman intelligence source; 
or impair the effectiveness of an intelligence method cur -
rently in use, available for use, or under development;
(2) reveal information that would assist in the develop -


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(2) reveal information that would assist in the develop -
ment, production, or use of weapons of mass destruction;
(3) reveal information that would impair U.S. crypto -
logic systems or activities;
(4) reveal information that would impair the applica -
tion of state-of-the-art technology within a U.S. weapon 
system;
(5) reveal formally named or numbered U.S. military 
war plans that remain in effect, or reveal operational or 
tactical elements of prior plans that are contained in such 
active plans;


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active plans;
(6) reveal information, including foreign government 
information, that would cause serious harm to relations 
between the United States and a foreign government, or 
to ongoing diplomatic activities of the United States;
(7) reveal information that would impair the current 
ability of United States Government officials to protect 
the President, Vice President, and other protectees for 
whom protection services, in the interest of the national 
security, are authorized;


key: chroma:document
string_value:
security, are authorized;
(8) reveal information that would seriously impair cur -
rent national security emergency preparedness plans or 
reveal current vulnerabilities of systems, installations, or 
infrastructures relating to the national security; or
(9) violate a statute, treaty, or international agreement 
that does not permit the automatic or unilateral declassi -
fication of information at 25 years.
(c)(1) An agency head shall notify the Panel of any specific


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(c)(1) An agency head shall notify the Panel of any specific 
file series of records for which a review or assessment 
has determined that the information within that file 
series almost invariably falls within one or more of the 
exemption categories listed in paragraph (b) of this section 
and that the agency proposes to exempt from automatic 
declassification at 25 years.(2) The notification shall include:
(A) a description of the file series;
(B) an explanation of why the information within


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(B) an explanation of why the information within 
the file series is almost invariably exempt from auto -
matic declassification and why the information must 
remain classified for a longer period of time; and
(C) except when the information within the file se -
ries almost invariably identifies a confidential human 
source or a human intelligence source or key design 
concepts of weapons of mass destruction, a specific date 
or event for declassification of the information, not to


key: chroma:document
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or event for declassification of the information, not to 
exceed December 31 of the year that is 50 years from 
the date of origin of the records.
(3) The Panel may direct the agency not to exempt a 
designated file series or to declassify the information with -
in that series at an earlier date than recommended. The 
agency head may appeal such a decision to the President 
through the National Security Advisor.
(4) File series exemptions approved by the President


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(4) File series exemptions approved by the President 
prior to December 31, 2008, shall remain valid without 
any additional agency action pending Panel review by the 
later of December 31, 2010, or December 31 of the year 
that is 10 years from the date of previous approval.
(d) The following provisions shall apply to the onset of 
automatic declassification:
(1) Classified records within an integral file block, as 
defined in this order, that are otherwise subject to auto -


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defined in this order, that are otherwise subject to auto -
matic declassification under this section shall not be auto -
matically declassified until December 31 of the year that 
is 25 years from the date of the most recent record within 
the file block.
(2) After consultation with the Director of the National 
Declassification Center (the Center) established by sec -
tion 3.7 of this order and before the records are subject to


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


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exemptions more difficult or costly.
(3) Other than for records that are properly exempted 
from automatic declassification, records containing clas -


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BASIC LAWS and AUTHORITIES  | 123	sified information that originated with other agencies or 
the disclosure of which would affect the interests or ac -
tivities of other agencies with respect to the classified in -
formation and could reasonably be expected to fall under 
one or more of the exemptions in paragraph (b) of this 
section shall be identified prior to the onset of automatic 
declassification for later referral to those agencies.
(A) The information of concern shall be referred by


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(A) The information of concern shall be referred by 
the Center established by section 3.7 of this order, or by 
the centralized facilities referred to in section 3.7(e) of 
this order, in a prioritized and scheduled manner deter -
mined by the Center.
(B) If an agency fails to provide a final determina -
tion on a referral made by the Center within 1 year 
of referral, or by the centralized facilities referred to in 
section 3.7(e) of this order within 3 years of referral, its


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section 3.7(e) of this order within 3 years of referral, its 
equities in the referred records shall be automatically 
declassified.
(C) If any disagreement arises between affected agen -
cies and the Center regarding the referral review period, 
the Director of the Information Security Oversight Of -
fice shall determine the appropriate period of review of 
referred records.
(D) Referrals identified prior to the establishment of 
the Center by section 3.7 of this order shall be subject


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the Center by section 3.7 of this order shall be subject 
to automatic declassification only in accordance with 
subparagraphs (d)(3)(A)–(C) of this section.
(4) After consultation with the Director of the Infor -
mation Security Oversight Office, an agency head may 
delay automatic declassification for up to 3 years from the 
date of discovery of classified records that were inadver -
tently not reviewed prior to the effective date of automatic 
declassification.


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declassification.
(e) Information exempted from automatic declassification 
under this section shall remain subject to the mandatory 
and systematic declassification review provisions of this 
order.
(f) The Secretary of State shall determine when the 
United States should commence negotiations with 
the appropriate officials of a foreign government or 
international organization of governments to modify


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international organization of governments to modify 
any treaty or international agreement that requires the classification of information contained in records affected 
by this section for a period longer than 25 years from 
the date of its creation, unless the treaty or international 
agreement pertains to information that may otherwise 
remain classified beyond 25 years under this section.
(g) The Secretary of Energy shall determine when 
information concerning foreign nuclear programs that


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information concerning foreign nuclear programs that 
was removed from the Restricted Data category in order 
to carry out provisions of the National Security Act of 
1947, as amended, may be declassified. Unless otherwise 
determined, such information shall be declassified when 
comparable information concerning the United States 
nuclear program is declassified.
(h) Not later than 3 years from the effective date 
of this order, all records exempted from automatic


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of this order, all records exempted from automatic 
declassification under paragraphs (b) and (c) of this 
section shall be automatically declassified on December 
31 of a year that is no more than 50 years from the date of 
origin, subject to the following:
(1) Records that contain information the release of 
which should clearly and demonstrably be expected to 
reveal the following are exempt from automatic declassi -
fication at 50 years:
(A) the identity of a confidential human source or a


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(A) the identity of a confidential human source or a 
human intelligence source; or
(B) key design concepts of weapons of mass destruc -
tion.
(2) In extraordinary cases, agency heads may, within 5 
years of the onset of automatic declassification, propose 
to exempt additional specific information from declassi -
fication at 50 years.
(3) Records exempted from automatic declassification 
under this paragraph shall be automatically declassified 
on December 31 of a year that is no more than 75 years


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on December 31 of a year that is no more than 75 years 
from the date of origin unless an agency head, within 5


key: chroma:document
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under this paragraph shall be automatically declassified 
on December 31 of a year that is no more than 75 years 
from the date of origin unless an agency head, within 5 
years of that date, proposes to exempt specific informa -
tion from declassification at 75 years and the proposal is 
formally approved by the Panel.
(i) Specific records exempted from automatic 
declassification prior to the establishment of the Center 
described in section 3.7 of this order shall be subject to the


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124 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 125	provisions of paragraph (h) of this section in a scheduled 
and prioritized manner determined by the Center.
(j) At least 1 year before information is subject to 
automatic declassification under this section, an agency 
head or senior agency official shall notify the Director 
of the Information Security Oversight Office, serving 
as Executive Secretary of the Panel, of any specific 
information that the agency proposes to exempt from


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information that the agency proposes to exempt from 
automatic declassification under paragraphs (b) and (h) 
of this section.
(1) The notification shall include:
(A) a detailed description of the information, either 
by reference to information in specific records or in the 
form of a declassification guide;
(B) an explanation of why the information should 
be exempt from automatic declassification and must re -
main classified for a longer period of time; and


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main classified for a longer period of time; and
(C) a specific date or a specific and independently 
verifiable event for automatic declassification of specific 
records that contain the information proposed for ex -
emption.
(2) The Panel may direct the agency not to exempt the 
information or to declassify it at an earlier date than rec -
ommended. An agency head may appeal such a decision 
to the President through the National Security Advisor.


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to the President through the National Security Advisor.  
The information will remain classified while such an ap -
peal is pending.
(k) For information in a file series of records determined 
not to have permanent historical value, the duration of 
classification beyond 25 years shall be the same as the 
disposition (destruction) date of those records in each 
Agency Records Control Schedule or General Records 
Schedule, although the duration of classification shall


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Schedule, although the duration of classification shall 
be extended if the record has been retained for business 
reasons beyond the scheduled disposition date.
Sec. 3.4.  Systematic Declassification Review.  (a) Each 
agency that has originated classified information under 
this order or its predecessors shall establish and conduct a 
program for systematic declassification review for records 
of permanent historical value exempted from automatic


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of permanent historical value exempted from automatic 
declassification under section 3.3 of this order. Agencies shall prioritize their review of such records in accordance 
with priorities established by the Center.
(b) The Archivist shall conduct a systematic 
declassification review program for classified records:  (1) 
accessioned into the National Archives; (2) transferred to 
the Archivist pursuant to 44 U.S.C. 2203; and (3) for 
which the National Archives serves as the custodian for


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which the National Archives serves as the custodian for 
an agency or organization that has gone out of existence.
Sec. 3.5.  Mandatory Declassification Review.  (a) 
Except as provided in paragraph (b) of this section, all 
information classified under this order or predecessor 
orders shall be subject to a review for declassification by 
the originating agency if:
(1) the request for a review describes the document or 
material containing the information with sufficient spec -


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string_value:
material containing the information with sufficient spec -
ificity to enable the agency to locate it with a reasonable 
amount of effort;
(2) the document or material containing the informa -
tion responsive to the request is not contained within an 
operational file exempted from search and review, publi -
cation, and disclosure under 5 U.S.C. 552 in accordance 
with law; and
(3) the information is not the subject of pending liti -
gation.
(b) Information originated by the incumbent President or


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string_value:
(b) Information originated by the incumbent President or 
the incumbent Vice President; the incumbent President’s 
White House Staff or the incumbent Vice President’s 
Staff; committees, commissions, or boards appointed 
by the incumbent President; or other entities within 
the Executive Office of the President that solely advise 
and assist the incumbent President is exempted from the 
provisions of paragraph (a) of this section. However, the 
Archivist shall have the authority to review, downgrade,


key: chroma:document
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Archivist shall have the authority to review, downgrade, 
and declassify papers or records of former Presidents


key: chroma:document
string_value:
provisions of paragraph (a) of this section. However, the 
Archivist shall have the authority to review, downgrade, 
and declassify papers or records of former Presidents 
and Vice Presidents under the control of the Archivist 
pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. 
Review procedures developed by the Archivist shall 
provide for consultation with agencies having primary 
subject matter interest and shall be consistent with the 
provisions of applicable laws or lawful agreements that


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provisions of applicable laws or lawful agreements that 
pertain to the respective Presidential papers or records. 
Agencies with primary subject matter interest shall be 
notified promptly of the Archivist’s decision. Any final


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BASIC LAWS and AUTHORITIES  | 125	decision by the Archivist may be appealed by the requester 
or an agency to the Panel. The information shall remain 
classified pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for 
declassification shall declassify information that no longer 
meets the standards for classification under this order. 
They shall release this information unless withholding is 
otherwise authorized and warranted under applicable law.


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otherwise authorized and warranted under applicable law.
(d) If an agency has reviewed the requested information 
for declassification within the past 2 years, the agency 
need not conduct another review and may instead inform 
the requester of this fact and the prior review decision 
and advise the requester of appeal rights provided under 
subsection (e) of this section.
(e) In accordance with directives issued pursuant to this 
order, agency heads shall develop procedures to process


key: chroma:document
string_value:
order, agency heads shall develop procedures to process 
requests for the mandatory review of classified information. 
These procedures shall apply to information classified under 
this or predecessor orders. They also shall provide a means 
for administratively appealing a denial of a mandatory 
review request, and for notifying the requester of the right 
to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the


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(f) After consultation with affected agencies, the 
Secretary of Defense shall develop special procedures 
for the review of cryptologic information; the Director 
of National Intelligence shall develop special procedures 
for the review of information pertaining to intelligence 
sources, methods, and activities; and the Archivist shall 
develop special procedures for the review of information 
accessioned into the National Archives.
(g) Documents required to be submitted for prepublication


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(g) Documents required to be submitted for prepublication 
review or other administrative process pursuant to an 
approved nondisclosure agreement are not covered by 
this section.
(h) This section shall not apply to any request for a review 
made to an element of the Intelligence Community that 
is made by a person other than an individual as that 
term is defined by 5 U.S.C. 552a(a)(2), or by a foreign 
government entity or any representative thereof.


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string_value:
government entity or any representative thereof.
Sec. 3.6.  Processing Requests and Reviews.  Notwithstanding 
section 4.1(i) of this order, in response to a request for 
information under the Freedom of Information Act, the Presidential Records Act, the Privacy Act of 1974, or the 
mandatory review provisions of this order:
(a) An agency may refuse to confirm or deny the existence 
or nonexistence of requested records whenever the fact 
of their existence or nonexistence is itself classified under


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string_value:
of their existence or nonexistence is itself classified under 
this order or its predecessors.
(b) When an agency receives any request for documents 
in its custody that contain classified information that 
originated with other agencies or the disclosure of which 
would affect the interests or activities of other agencies 
with respect to the classified information, or identifies 
such documents in the process of implementing sections 
3.3 or 3.4 of this order, it shall refer copies of any request


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string_value:
3.3 or 3.4 of this order, it shall refer copies of any request 
and the pertinent documents to the originating agency 
for processing and may, after consultation with the 
originating agency, inform any requester of the referral 
unless such association is itself classified under this order 
or its predecessors. In cases in which the originating 
agency determines in writing that a response under 
paragraph (a) of this section is required, the referring


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paragraph (a) of this section is required, the referring 
agency shall respond to the requester in accordance with 
that paragraph.
(c) Agencies may extend the classification of information 
in records determined not to have permanent historical 
value or nonrecord materials, including artifacts, beyond 
the time frames established in sections 1.5(b) and 2.2(f) 
of this order, provided:
(1) the specific information has been approved pursu -
ant to section 3.3(j) of this order for exemption from au -


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ant to section 3.3(j) of this order for exemption from au -
tomatic declassification; and
(2) the extension does not exceed the date established in


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ant to section 3.3(j) of this order for exemption from au -
tomatic declassification; and
(2) the extension does not exceed the date established in 
section 3.3(j) of this order.
Sec. 3.7.  National Declassification Center  (a) There 
is established within the National Archives a National 
Declassification Center to streamline declassification 
processes, facilitate quality-assurance measures, 
and implement standardized training regarding the 
declassification of records determined to have permanent


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declassification of records determined to have permanent 
historical value. There shall be a Director of the Center 
who shall be appointed or removed by the Archivist 
in consultation with the Secretaries of State, Defense, 
Energy, and Homeland Security, the Attorney General, 
and the Director of National Intelligence.


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126 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 127	(b) Under the administration of the Director, the Center 
shall coordinate:
(1) timely and appropriate processing of referrals in 
accordance with section 3.3(d)(3) of this order for ac -
cessioned Federal records and transferred presidential re -
cords.
(2) general interagency declassification activities neces -
sary to fulfill the requirements of sections 3.3 and 3.4 of 
this order;


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this order;
(3) the exchange among agencies of detailed declassifi -
cation guidance to enable the referral of records in accor -
dance with section 3.3(d)(3) of this order;  
(4) the development of effective, transparent, and stan -
dard declassification work processes, training, and quality 
assurance measures;
(5) the development of solutions to declassification 
challenges posed by electronic records, special media, and 
emerging technologies;


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emerging technologies;
(6) the linkage and effective utilization of existing agen -
cy databases and the use of new technologies to docu -
ment and make public declassification review decisions 
and support declassification activities under the purview 
of the Center; and
(7) storage and related services, on a reimbursable basis, 
for Federal records containing classified national security 
information.
(c) Agency heads shall fully cooperate with the Archivist 
in the activities of the Center and shall:


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in the activities of the Center and shall:
(1) provide the Director with adequate and current de -
classification guidance to enable the referral of records in 
accordance with section 3.3(d)(3) of this order; and
(2) upon request of the Archivist, assign agency per -
sonnel to the Center who shall be delegated authority by 
the agency head to review and exempt or declassify infor -
mation originated by their agency contained in records 
accessioned into the National Archives, after consultation


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accessioned into the National Archives, after consultation 
with subject-matter experts as necessary.
(d) The Archivist, in consultation with representatives of 
the participants in the Center and after input from the general public, shall develop priorities for declassification 
activities under the purview of the Center that take 
into account the degree of researcher interest and the 
likelihood of declassification.
(e) Agency heads may establish such centralized facilities


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(e) Agency heads may establish such centralized facilities 
and internal operations to conduct internal declassification 
reviews as appropriate to achieve optimized records 
management and declassification business processes.  
Once established, all referral processing of accessioned 
records shall take place at the Center, and such agency 
facilities and operations shall be coordinated with the 
Center to ensure the maximum degree of consistency in


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Center to ensure the maximum degree of consistency in 
policies and procedures that relate to records determined 
to have permanent historical value.
(f) Agency heads may exempt from automatic 
declassification or continue the classification of their 
own originally classified information under section 3.3(a) 
of this order except that in the case of the Director of 
National Intelligence, the Director shall also retain such 
authority with respect to the Intelligence Community.


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authority with respect to the Intelligence Community.
(g) The Archivist shall, in consultation with the Secretaries of 
State, Defense, Energy, and Homeland Security, the Attorney 
General, the Director of National Intelligence, the Director 
of the Central Intelligence Agency, and the Director of the 
Information Security Oversight Office, provide the National 
Security Advisor with a detailed concept of operations for the 
Center and a proposed implementing directive under section


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Center and a proposed implementing directive under section 
5.1 of this order that reflects the coordinated views of the 
aforementioned agencies.
PART 4—SAFEGUARDING
Sec. 4.1.  General Restrictions on Access.  (a) A person 
may have access to classified information provided that:
(1) a favorable determination of eligibility for access 
has been made by an agency head or the agency head’s 
designee;
(2) the person has signed an approved nondisclosure 
agreement; and


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has been made by an agency head or the agency head’s 
designee;
(2) the person has signed an approved nondisclosure 
agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access 
to classified information in paragraph (a) of this section 
shall receive contemporaneous training on the proper


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BASIC LAWS and AUTHORITIES  | 127	safeguarding of classified information and on the 
criminal, civil, and administrative sanctions that may be 
imposed on an individual who fails to protect classified 
information from unauthorized disclosure.
(c) An official or employee leaving agency service may not 
remove classified information from the agency’s control 
or direct that information be declassified in order to 
remove it from agency control.
(d) Classified information may not be removed from


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(d) Classified information may not be removed from 
official premises without proper authorization.
(e) Persons authorized to disseminate classified 
information outside the executive branch shall ensure the 
protection of the information in a manner equivalent to 
that provided within the executive branch.
(f) Consistent with law, executive orders, directives, and 
regulations, an agency head or senior agency official 
or, with respect to the Intelligence Community, the


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or, with respect to the Intelligence Community, the 
Director of National Intelligence, shall establish uniform 
procedures to ensure that automated information systems, 
including networks and telecommunications systems, 
that collect, create, communicate, compute, disseminate, 
process, or store classified information:
(1) prevent access by unauthorized persons;
(2) ensure the integrity of the information; and
(3) to the maximum extent practicable, use:
(A) common information technology standards, pro -


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(A) common information technology standards, pro -
tocols, and interfaces that maximize the availability of, 
and access to, the information in a form and manner 
that facilitates its authorized use; and
(B) standardized electronic formats to maximize the 
accessibility of information to persons who meet the 
criteria set forth in section 4.1(a) of this order.
(g) Consistent with law, executive orders, directives, and 
regulations, each agency head or senior agency official, or


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regulations, each agency head or senior agency official, or 
with respect to the Intelligence Community, the Director 
of National Intelligence, shall establish controls to ensure 
that classified information is used, processed, stored, 
reproduced, transmitted, and destroyed under conditions 
that provide adequate protection and prevent access by 
unauthorized persons.(h) Consistent with directives issued pursuant to this 
order, an agency shall safeguard foreign government


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order, an agency shall safeguard foreign government 
information under standards that provide a degree of 
protection at least equivalent to that required by the 
government or international organization of governments 
that furnished the information. When adequate to achieve 
equivalency, these standards may be less restrictive than 
the safeguarding standards that ordinarily apply to U.S. 
“Confidential” information, including modified handling 
and transmission and allowing access to individuals with


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and transmission and allowing access to individuals with 
a need-to-know who have not otherwise been cleared for 
access to classified information or executed an approved 
nondisclosure agreement.
(i)(1) Classified information originating in one agency 
may be disseminated to another agency or U.S. entity by 
any agency to which it has been made available without 
the consent of the originating agency, as long as the 
criteria for access under section 4.1(a) of this order are


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criteria for access under section 4.1(a) of this order are 
met, unless the originating agency has determined that 
prior authorization is required for such dissemination 
and has marked or indicated such requirement on 
the medium containing the classified information 
in accordance with implementing directives issued 
pursuant to this order.
(2) Classified information originating in one agency 
may be disseminated by any other agency to which it has 
been made available to a foreign government in accor -


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been made available to a foreign government in accor -
dance with statute, this order, directives implementing 
this order, direction of the President, or with the consent 
of the originating agency. For the purposes of this section, 
“foreign government” includes any element of a foreign 
government, or an international organization of govern -
ments, or any element thereof.
(3) Documents created prior to the effective date of this


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government, or an international organization of govern -
ments, or any element thereof.
(3) Documents created prior to the effective date of this 
order shall not be disseminated outside any other agency 
to which they have been made available without the con -
sent of the originating agency. An agency head or senior 
agency official may waive this requirement for specific in -
formation that originated within that agency.
(4) For purposes of this section, the Department of De -


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(4) For purposes of this section, the Department of De -
fense shall be considered one agency, except that any dis -
semination of information regarding intelligence sources, 
methods, or activities shall be consistent with directives 
issued pursuant to section 6.2(b) of this order.


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128 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 129	(5) Prior consent of the originating agency is not re -
quired when referring records for declassification review 
that contain information originating in more than one 
agency.
Sec. 4.2.  Distribution Controls.  (a) The head of 
each agency shall establish procedures in accordance 
with applicable law and consistent with directives 
issued pursuant to this order to ensure that classified


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issued pursuant to this order to ensure that classified 
information is accessible to the maximum extent possible 
by individuals who meet the criteria set forth in section 
4.1(a) of this order.
(b) In an emergency, when necessary to respond to an 
imminent threat to life or in defense of the homeland, the 
agency head or any designee may authorize the disclosure 
of classified information (including information marked 
pursuant to section 4.1(i)(1) of this order) to an individual


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pursuant to section 4.1(i)(1) of this order) to an individual 
or individuals who are otherwise not eligible for access. 
Such actions shall be taken only in accordance with 
directives implementing this order and any procedure 
issued by agencies governing the classified information, 
which shall be designed to minimize the classified 
information that is disclosed under these circumstances 
and the number of individuals who receive it. Information


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and the number of individuals who receive it. Information 
disclosed under this provision or implementing directives 
and procedures shall not be deemed declassified as a result 
of such disclosure or subsequent use by a recipient. Such 
disclosures shall be reported promptly to the originator 
of the classified information. For purposes of this 
section, the Director of National Intelligence may issue 
an implementing directive governing the emergency 
disclosure of classified intelligence information.


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disclosure of classified intelligence information.
(c) Each agency shall update, at least annually, the 
automatic, routine, or recurring distribution mechanism 
for classified information that it distributes. Recipients 
shall cooperate fully with distributors who are updating 
distribution lists and shall notify distributors whenever a 
relevant change in status occurs.
Sec. 4.3.  Special Access Programs.  (a) Establishment 
of special access programs. Unless otherwise authorized


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of special access programs. Unless otherwise authorized 
by the President, only the Secretaries of State, Defense, 
Energy, and Homeland Security, the Attorney General, 
and the Director of National Intelligence, or the principal 
deputy of each, may create a special access program. For 
special access programs pertaining to intelligence sources, methods, and activities (but not including military 
operational, strategic, and tactical programs), this function


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operational, strategic, and tactical programs), this function 
shall be exercised by the Director of National Intelligence.  
These officials shall keep the number of these programs 
at an absolute minimum, and shall establish them only 
when the program is required by statute or upon a specific 
finding that:
(1) the vulnerability of, or threat to, specific informa -
tion is exceptional; and
(2) the normal criteria for determining eligibility for ac -


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(2) the normal criteria for determining eligibility for ac -
cess applicable to information classified at the same level 
are not deemed sufficient to protect the information from 
unauthorized disclosure.
(b) Requirements and limitations.  (1) Special access 
programs shall be limited to programs in which the 
number of persons who ordinarily will have access will 
be reasonably small and commensurate with the objective 
of providing enhanced protection for the information 
involved.


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of providing enhanced protection for the information 
involved.
(2) Each agency head shall establish and maintain a sys -
tem of accounting for special access programs consistent 
with directives issued pursuant to this order.
(3) Special access programs shall be subject to the 
oversight program established under section 5.4(d) of 
this order. In addition, the Director of the Informa -
tion Security Oversight Office shall be afforded access 
to these programs, in accordance with the security re -


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to these programs, in accordance with the security re -
quirements of each program, in order to perform the 
functions assigned to the Information Security Over -


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to these programs, in accordance with the security re -
quirements of each program, in order to perform the 
functions assigned to the Information Security Over -
sight Office under this order. An agency head may lim -
it access to a special access program to the Director 
of the Information Security Oversight Office and no 
more than one other employee of the Information Se -
curity Oversight Office or, for special access programs 
that are extraordinarily sensitive and vulnerable, to the 
Director only.


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Director only.
(4) The agency head or principal deputy shall review 
annually each special access program to determine wheth -
er it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the Na -
tional Security Advisor, or a designee, on any or all of the 
agency’s special access programs.


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BASIC LAWS and AUTHORITIES  | 129	(6) For the purposes of this section, the term “agen -
cy head” refers only to the Secretaries of State, Defense, 
Energy, and Homeland Security, the Attorney General, 
and the Director of National Intelligence, or the principal 
deputy of each.
(c) Nothing in this order shall supersede any requirement 
made by or under 10 U.S.C. 119.
Sec. 4.4.  Access by Historical Researchers and Certain 
Former Government Personnel.  (a) The requirement


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Former Government Personnel.  (a) The requirement 
in section 4.1(a)(3) of this order that access to classified 
information may be granted only to individuals who 
have a need to-know the information may be waived for 
persons who:
(1) are engaged in historical research projects;
(2) previously have occupied senior policy-making po -
sitions to which they were appointed or designated by the 
President or the Vice President; or
(3) served as President or Vice President.


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(3) served as President or Vice President.
(b) Waivers under this section may be granted only if the 
agency head or senior agency official of the originating 
agency:
(1) determines in writing that access is consistent with 
the interest of the national security;
(2) takes appropriate steps to protect classified infor -
mation from unauthorized disclosure or compromise, and 
ensures that the information is safeguarded in a manner 
consistent with this order; and


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consistent with this order; and
(3) limits the access granted to former Presidential ap -
pointees or designees and Vice Presidential appointees or 
designees to items that the person originated, reviewed, 
signed, or received while serving as a Presidential or Vice 
Presidential appointee or designee.
PART 5—IMPLEMENTATION AND REVIEW
Sec. 5.1.  Program Direction.  (a) The Director of the 
Information Security Oversight Office, under the 
direction of the Archivist and in consultation with the


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direction of the Archivist and in consultation with the 
National Security Advisor, shall issue such directives as 
are necessary to implement this order. These directives 
shall be binding on the agencies. Directives issued by the Director of the Information Security Oversight Office 
shall establish standards for:
(1) classification, declassification, and marking princi -
ples;
(2) safeguarding classified information, which shall 
pertain to the handling, storage, distribution, transmittal,


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pertain to the handling, storage, distribution, transmittal, 
and destruction of and accounting for classified informa -
tion;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and 
monitoring functions of this program to the Director of 
the Information Security Oversight Office.
(c) The Director of National Intelligence, after


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(c) The Director of National Intelligence, after 
consultation with the heads of affected agencies and the 
Director of the Information Security Oversight Office, 
may issue directives to implement this order with respect 
to the protection of intelligence sources, methods, and 
activities. Such directives shall be consistent with this 
order and directives issued under paragraph (a) of this 
section.
Sec. 5.2.  Information Security Oversight Office.  (a)


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Sec. 5.2.  Information Security Oversight Office.  (a) 
There is established within the National Archives an 
Information Security Oversight Office. The Archivist 
shall appoint the Director of the Information Security 
Oversight Office, subject to the approval of the President.
(b) Under the direction of the Archivist, acting in 
consultation with the National Security Advisor, the 
Director of the Information Security Oversight Office 
shall:
(1) develop directives for the implementation of this 
order;


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(1) develop directives for the implementation of this 
order;
(2) oversee agency actions to ensure compliance with 
this order and its implementing directives;
(3) review and approve agency implementing regula -
tions prior to their issuance to ensure their consistency 
with this order and directives issued under section 5.1(a) 
of this order;


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130 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 131	(4) have the authority to conduct on-site reviews of 
each agency’s program established under this order, and 
to require of each agency those reports and information 
and other cooperation that may be necessary to fulfill its 
responsibilities. If granting access to specific categories of 
classified information would pose an exceptional national 
security risk, the affected agency head or the senior agency


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security risk, the affected agency head or the senior agency 
official shall submit a written justification recommending 
the denial of access to the President through the National 
Security Advisor within 60 days of the request for access. 
Access shall be denied pending the response;
(5) review requests for original classification authority 
from agencies or officials not granted original classifica -
tion authority and, if deemed appropriate, recommend


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tion authority and, if deemed appropriate, recommend 
Presidential approval through the National Security Ad -
visor;
(6) consider and take action on complaints and sug -
gestions from persons within or outside the Government 
with respect to the administration of the program estab -
lished under this order;
(7) have the authority to prescribe, after consultation 
with affected agencies, standardization of forms or proce -
dures that will promote the implementation of the pro -


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dures that will promote the implementation of the pro -
gram established under this order;
(8) report at least annually to the President on the im -
plementation of this order; and
(9) convene and chair interagency meetings to discuss 
matters pertaining to the program established by this order.
Sec. 5.3.  Interagency Security Classification Appeals 
Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security Classifi -


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(1) There is established an Interagency Security Classifi -
cation Appeals Panel. The Departments of State, Defense, 
and Justice, the National Archives, the Office of the Di -
rector of National Intelligence, and the National Security 
Advisor shall each be represented by a senior-level repre -
sentative who is a full-time or permanent part-time Fed -
eral officer or employee designated to serve as a member 
of the Panel by the respective agency head. The President


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of the Panel by the respective agency head. The President 
shall designate a Chair from among the members of the 
Panel.(2) Additionally, the Director of the Central Intelli -
gence Agency may appoint a temporary representative 
who meets the criteria in paragraph (a)(1) of this section 
to participate as a voting member in all Panel delibera -
tions and associated support activities concerning classi -
fied information originated by the Central Intelligence 
Agency.


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Agency.
(3) A vacancy on the Panel shall be filled as quickly as 
possible as provided in paragraph (a)(1) of this section.
(4) The Director of the Information Security Oversight 
Office shall serve as the Executive Secretary of the Pan -
el. The staff of the Information Security Oversight Office 
shall provide program and administrative support for the 
Panel.
(5) The members and staff of the Panel shall be required 
to meet eligibility for access standards in order to fulfill 
the Panel’s functions.


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the Panel’s functions.
(6) The Panel shall meet at the call of the Chair. The 
Chair shall schedule meetings as may be necessary for the 
Panel to fulfill its functions in a timely manner.
(7) The Information Security Oversight Office shall 
include in its reports to the President a summary of the 
Panel’s activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed classifi -
cation challenges under section 1.8 of this order;


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cation challenges under section 1.8 of this order;
(2) approve, deny, or amend agency exemptions from 
automatic declassification as provided in section 3.3 of 
this order;
(3) decide on appeals by persons or entities who have 
filed requests for mandatory declassification review under 
section 3.5 of this order; and
(4) appropriately inform senior agency officials and the 
public of final Panel decisions on appeals under sections 
1.8 and 3.5 of this order.


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1.8 and 3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws, 
which shall be published in the Federal Register. The


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public of final Panel decisions on appeals under sections 
1.8 and 3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws, 
which shall be published in the Federal Register. The 
bylaws shall establish the rules and procedures that the 
Panel will follow in accepting, considering, and issuing


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BASIC LAWS and AUTHORITIES  | 131	decisions on appeals. The rules and procedures of the 
Panel shall provide that the Panel will consider appeals 
only on actions in which:  
(1) the appellant has exhausted his or her administra -
tive remedies within the responsible agency;
(2) there is no current action pending on the issue with -
in the Federal courts; and
(3) the information has not been the subject of review 
by the Federal courts or the Panel within the past 2 years.


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by the Federal courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the Panel 
so that it can fulfill its functions in a timely and fully 
informed manner. The Panel shall report to the President 
through the National Security Advisor any instance in 
which it believes that an agency head is not cooperating 
fully with the Panel.
(e) The Panel is established for the sole purpose of 
advising and assisting the President in the discharge of his


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advising and assisting the President in the discharge of his 
constitutional and discretionary authority to protect the 
national security of the United States. Panel decisions are 
committed to the discretion of the Panel, unless changed 
by the President.
(f) An agency head may appeal a decision of the Panel to 
the President through the National Security Advisor. The 
information shall remain classified pending a decision on 
the appeal.
Sec. 5.4.  General Responsibilities.  Heads of agencies that


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Sec. 5.4.  General Responsibilities.  Heads of agencies that 
originate or handle classified information shall:
(a) demonstrate personal commitment and commit 
senior management to the successful implementation of 
the program established under this order;
(b) commit necessary resources to the effective 
implementation of the program established under this 
order;
(c) ensure that agency records systems are designed and 
maintained to optimize the appropriate sharing and


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maintained to optimize the appropriate sharing and 
safeguarding of classified information, and to facilitate its 
declassification under the terms of this order when it no 
longer meets the standards for continued classification; 
and(d) designate a senior agency official to direct and 
administer the program, whose responsibilities shall 
include:
(1) overseeing the agency’s program established under 
this order, provided an agency head may designate a sep -


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this order, provided an agency head may designate a sep -
arate official to oversee special access programs authorized 
under this order. This official shall provide a full account -
ing of the agency’s special access programs at least annu -
ally;
(2) promulgating implementing regulations, which 
shall be published in the Federal Register to the extent 
that they affect members of the public;
(3) establishing and maintaining security education 
and training programs;


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and training programs;
(4) establishing and maintaining an ongoing self in -
spection program, which shall include the regular reviews 
of representative samples of the agency’s original and de -
rivative classification actions, and shall authorize appro -
priate agency officials to correct misclassification actions 
not covered by sections 1.7(c) and 1.7(d) of this order; 
and reporting annually to the Director of the Information 
Security Oversight Office on the agency’s self-inspection 
program;


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program;
(5) establishing procedures consistent with directives is -
sued pursuant to this order to prevent unnecessary access 
to classified information, including procedures that:
(A) require that a need for access to classified infor -
mation be established before initiating administrative 
clearance procedures; and
(B) ensure that the number of persons granted access 
to classified information meets the mission needs of the 
agency while also satisfying operational and security re -


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agency while also satisfying operational and security re -
quirements and needs;
(6) developing special contingency plans for the safe -
guarding of classified information used in or near hostile 
or potentially hostile areas;
(7) ensuring that the performance contract or other 
system used to rate civilian or military personnel per -
formance includes the designation and management of 
classified information as a critical element or item to be 
evaluated in the rating of:


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132 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 133	(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly in -
volve the creation or handling of classified information, 
including personnel who regularly apply derivative clas -
sification markings;
(8) accounting for the costs associated with the imple -
mentation of this order, which shall be reported to the


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mentation of this order, which shall be reported to the 
Director of the Information Security Oversight Office for 
publication;
(9) assigning in a prompt manner agency personnel to 
respond to any request, appeal, challenge, complaint, or 
suggestion arising out of this order that pertains to clas -
sified information that originated in a component of the 
agency that no longer exists and for which there is no clear 
successor in function; and
(10) establishing a secure capability to receive informa -


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(10) establishing a secure capability to receive informa -
tion, allegations, or complaints regarding over-classifica -
tion or incorrect classification within the agency and to 
provide guidance to personnel on proper classification as 
needed.
Sec. 5.5.  Sanctions.  (a) If the Director of the Information 
Security Oversight Office finds that a violation of this 
order or its implementing directives has occurred, the 
Director shall make a report to the head of the agency


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Director shall make a report to the head of the agency 
or to the senior agency official so that corrective steps, if 
appropriate, may be taken.
(b) Officers and employees of the United States 
Government, and its contractors, licensees, certificate 
holders, and grantees shall be subject to appropriate 
sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information prop -
erly classified under this order or predecessor orders;


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erly classified under this order or predecessor orders;
(2) classify or continue the classification of information 
in violation of this order or any implementing directive;
(3) create or continue a special access program contrary 
to the requirements of this order; or
(4) contravene any other provision of this order or its 
implementing directives.(c) Sanctions may include reprimand, suspension without 
pay, removal, termination of classification authority,


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pay, removal, termination of classification authority, 
loss or denial of access to classified information, or other 
sanctions in accordance with applicable law and agency 
regulation.
(d) The agency head, senior agency official, or other 
supervisory official shall, at a minimum, promptly 
remove the classification authority of any individual who 
demonstrates reckless disregard or a pattern of error in 
applying the classification standards of this order.


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applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when 
a violation or infraction under paragraph (b) of this sec -
tion occurs; and
(2) notify the Director of the Information Security 
Oversight Office when a violation under paragraph (b)
(1), (2), or (3) of this section occurs.
PART 6—GENERAL PROVISIONS
Sec. 6.1.  Definitions.  For purposes of this order:


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Sec. 6.1.  Definitions.  For purposes of this order:
(a) “Access” means the ability or opportunity to gain 
knowledge of classified information.
(b) “Agency” means any “Executive agency,” as defined 
in 5 U.S.C. 105; any “Military department” as defined in 
5 U.S.C. 102; and any other entity within the executive 
branch that comes into the possession of classified 
information.
(c) “Authorized holder” of classified information means 
anyone who satisfies the conditions for access stated in


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anyone who satisfies the conditions for access stated in 
section 4.1(a) of this order.
(d) “Automated information system” means an assembly 
of computer hardware, software, or firmware configured 
to collect, create, communicate, compute, disseminate, 
process, store, or control data or information.
(e) “Automatic declassification” means the declassification 
of information based solely upon:
(1) the occurrence of a specific date or event as deter -
mined by the original classification authority; or


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mined by the original classification authority; or
(2) the expiration of a maximum time frame for dura -


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BASIC LAWS and AUTHORITIES  | 133	tion of classification established under this order.
(f) “Classification” means the act or process by which 
information is determined to be classified information.
(g) “Classification guidance” means any instruction 
or source that prescribes the classification of specific 
information.
(h) “Classification guide” means a documentary form of 
classification guidance issued by an original classification 
authority that identifies the elements of information


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authority that identifies the elements of information 
regarding a specific subject that must be classified and 
establishes the level and duration of classification for each 
such element.
(i) “Classified national security information” or “classified 
information” means information that has been determined 
pursuant to this order or any predecessor order to require 
protection against unauthorized disclosure and is marked 
to indicate its classified status when in documentary form.


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to indicate its classified status when in documentary form.
(j) “Compilation” means an aggregation of preexisting 
unclassified items of information.
(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.


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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, 
taking into consideration such aspects of the information 
as the sensitivity, value, utility, and provenance of that 
information.
(m) “Declassification” means the authorized change in 
the status of information from classified information to 
unclassified information.


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unclassified information.
(n) “Declassification guide” means written instructions 
issued by a declassification authority that describes the 
elements of information regarding a specific subject that 
may be declassified and the elements that must remain 
classified.
(o) “Derivative classification” means the incorporating, paraphrasing, restating, or generating in new form 
information that is already classified, and marking the 
newly developed material consistent with the classification


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newly developed material consistent with the classification 
markings that apply to the source information. Derivative 
classification includes the classification of information 
based on classification guidance. The duplication or 
reproduction of existing classified information is not 
derivative classification.
(p) “Document” means any recorded information, 
regardless of the nature of the medium or the method or 
circumstances of recording.
(q) “Downgrading” means a determination by a


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(q) “Downgrading” means a determination by a 
declassification authority that information classified and 
safeguarded at a specified level shall be classified and 
safeguarded at a lower level.
(r) “File series” means file units or documents arranged 
according to a filing system or kept together because they 
relate to a particular subject or function, result from the 
same activity, document a specific kind of transaction, 
take a particular physical form, or have some other


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take a particular physical form, or have some other 
relationship arising out of their creation, receipt, or use, 
such as restrictions on access or use.
(s) “Foreign government information” means:  
(1) information provided to the United States 
Government by a foreign government or governments,  
an international organization of governments, or 
any element thereof, with the expectation that the 
information, the source of the information, or both, are 
to be held in confidence;


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to be held in confidence;
(2) information produced by the United States Gov -
ernment pursuant to or as a result of a joint arrangement 
with a foreign government or governments, or an interna -
tional organization of governments, or any element there -
of, requiring that the information, the arrangement, or 
both, are to be held in confidence; or
(3) information received and treated as “foreign govern -
ment information” under the terms of a predecessor order.


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both, are to be held in confidence; or
(3) information received and treated as “foreign govern -
ment information” under the terms of a predecessor order.
(t) “Information” means any knowledge that can be 
communicated or documentary material, regardless of 
its physical form or characteristics, that is owned by, is 
produced by or for, or is under the control of the United 
States Government.


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134 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 135	(u) “Infraction” means any knowing, willful, or negligent 
action contrary to the requirements of this order or 
its implementing directives that does not constitute a 
“violation,” as defined below.
(v) “Integral file block” means a distinct component 
of a file series, as defined in this section, that should 
be maintained as a separate unit in order to ensure the 
integrity of the records. An integral file block may consist


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integrity of the records. An integral file block may consist 
of a set of records covering either a specific topic or a range 
of time, such as a Presidential administration or a 5-year 
retirement schedule within a specific file series that is retired 
from active use as a group. For purposes of automatic  
declassification, integral file blocks shall contain only 
records dated within 10 years of the oldest record in the 
file block.
(w) “Integrity” means the state that exists when


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file block.
(w) “Integrity” means the state that exists when 
information is unchanged from its source and has not 
been accidentally or intentionally modified, altered, or 
destroyed.
(x) “Intelligence” includes foreign intelligence and 
counterintelligence as defined by Executive Order 12333 
of December 4, 1981, as amended, or by a successor 
order.
(y) “Intelligence activities” means all activities that 
elements of the Intelligence Community are authorized


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elements of the Intelligence Community are authorized 
to conduct pursuant to law or Executive Order 12333, as 
amended, or a successor order.
(z) “Intelligence Community” means an element or 
agency of the U.S. Government identified in or designated 
pursuant to section 3(4) of the National Security Act of 
1947, as amended, or section 3.5(h) of Executive Order 
12333, as amended.
(aa) “Mandatory declassification review” means the review 
for declassification of classified information in response to


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for declassification of classified information in response to 
a request for declassification that meets the requirements 
under section 3.5 of this order.
(bb) “Multiple sources” means two or more source 
documents, classification guides, or a combination of 
both.
(cc) “National security” means the national defense or 
foreign relations of the United States.(dd) “Need-to-know” means a determination within the 
executive branch in accordance with directives issued


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executive branch in accordance with directives issued 
pursuant to this order that a prospective recipient requires 
access to specific classified information in order to 
perform or assist in a lawful and authorized governmental 
function.
(ee) “Network” means a system of two or more computers 
that can exchange data or information.
(ff) “Original classification” means an initial determination 
that information requires, in the interest of the national


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that information requires, in the interest of the national 
security, protection against unauthorized disclosure.
(gg) “Original classification authority” means an 
individual authorized in writing, either by the President, 
the Vice President, or by agency heads or other officials 
designated by the President, to classify information in the 
first instance.
(hh) “Records” means the records of an agency and 
Presidential papers or Presidential records, as those terms


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Presidential papers or Presidential records, as those terms 
are defined in title 44, United States Code, including 
those created or maintained by a government contractor, 
licensee, certificate holder, or grantee that are subject to 
the sponsoring agency’s control under the terms of the 
contract, license, certificate, or grant.
(ii) “Records having permanent historical value” means 
Presidential papers or Presidential records and the records 
of an agency that the Archivist has determined should


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of an agency that the Archivist has determined should 
be maintained permanently in accordance with title 44, 
United States Code.
(jj) “Records management” means the planning, 
controlling, directing, organizing, training, promoting, 
and other managerial activities involved with respect 
to records creation, records maintenance and use, and 
records disposition in order to achieve adequate and 
proper documentation of the policies and transactions 
of the Federal Government and effective and economical


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records disposition in order to achieve adequate and 
proper documentation of the policies and transactions 
of the Federal Government and effective and economical 
management of agency operations.
(kk) “Safeguarding” means measures and controls that are 
prescribed to protect classified information.
(ll) “Self-inspection” means the internal review and 
evaluation of individual agency activities and the agency 
as a whole with respect to the implementation of the


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BASIC LAWS and AUTHORITIES  | 135	program established under this order and its implementing 
directives.
(mm) “Senior agency official” means the official designated 
by the agency head under section 5.4(d) of this order to 
direct and administer the agency’s program under which 
information is classified, safeguarded, and declassified.
(nn) “Source document” means an existing document 
that contains classified information that is incorporated, 
paraphrased, restated, or generated in new form into a


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paraphrased, restated, or generated in new form into a 
new document.
(oo) “Special access program” means a program 
established for a specific class of classified information 
that imposes safeguarding and access requirements that 
exceed those normally required for information at the 
same classification level.
(pp) “Systematic declassification review” means the review 
for declassification of classified information contained in 
records that have been determined by the Archivist to


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records that have been determined by the Archivist to 
have permanent historical value in accordance with title 
44, United States Code.
(qq) “Telecommunications” means the preparation, 
transmission, or communication of information by 
electronic means.
(rr) “Unauthorized disclosure” means a communication 
or physical transfer of classified information to an 
unauthorized recipient.
(ss) “U.S. entity” includes:
(1) State, local, or tribal governments;


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(1) State, local, or tribal governments;
(2) State, local, and tribal law enforcement and fire -
fighting entities;
(3) public health and medical entities;
(4) regional, state, local, and tribal emergency manage -
ment entities, including State Adjutants General and oth -
er appropriate public safety entities; or
(5) private sector entities serving as part of the nation’s 
Critical Infrastructure/Key Resources.
(tt) “Violation” means:


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Critical Infrastructure/Key Resources.
(tt) “Violation” means:
(1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized dis -
closure of classified information;
(2) any knowing, willful, or negligent action to classify 
or continue the classification of information contrary to 
the requirements of this order or its implementing direc -
tives; or
(3) any knowing, willful, or negligent action to create


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(3) any knowing, willful, or negligent action to create 
or continue a special access program contrary to the re -
quirements of this order.
(uu) “Weapons of mass destruction” means any weapon 
of mass destruction as defined in 50 U.S.C. 1801(p).
Sec. 6.2.  General Provisions.  (a) Nothing in this order 
shall supersede any requirement made by or under the 
Atomic Energy Act of 1954, as amended, or the National 
Security Act of 1947, as amended. “Restricted Data” and


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Security Act of 1947, as amended. “Restricted Data” and 
“Formerly Restricted Data” shall be handled, protected, 
classified, downgraded, and declassified in conformity 
with the provisions of the Atomic Energy Act of 1954, as 
amended, and regulations issued under that Act.
(b) The Director of National Intelligence may, with 
respect to the Intelligence Community and after 
consultation with the heads of affected departments and 
agencies, issue such policy directives and guidelines as


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agencies, issue such policy directives and guidelines as 
the Director of National Intelligence deems necessary to 
implement this order with respect to the classification and 
declassification of all intelligence and intelligence-related 
information, and for access to and dissemination of all 
intelligence and intelligence-related information, both 
in its final form and in the form when initially gathered.  
Procedures or other guidance issued by Intelligence


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Procedures or other guidance issued by Intelligence 
Community element heads shall be in accordance with 
such policy directives or guidelines issued by the Director 
of National Intelligence. Any such policy directives or 
guidelines issued by the Director of National Intelligence 
shall be in accordance with directives issued by the 
Director of the Information Security Oversight Office 
under section 5.1(a) of this order.
(c) The Attorney General, upon request by the head of


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(c) The Attorney General, upon request by the head of 
an agency or the Director of the Information Security 
Oversight Office, shall render an interpretation of this


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


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136 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 137	(d) Nothing in this order limits the protection afforded 
any information by other provisions of law, including the 
Constitution, Freedom of Information Act exemptions, 
the Privacy Act of 1974, and the National Security Act of 
1947, as amended. This order is not intended to and does 
not create any right or benefit, substantive or procedural, 
enforceable at law by a party against the United States, its


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enforceable at law by a party against the United States, its 
departments, agencies, or entities, its officers, employees, 
or agents, or any other person. The foregoing is in addition 
to the specific provisos set forth in sections 1.1(b), 3.1(c) 
and 5.3(e) of this order.
(e) Nothing in this order shall be construed to obligate 
action or otherwise affect functions by the Director of the 
Office of Management and Budget relating to budgetary,


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Office of Management and Budget relating to budgetary, 
administrative, or legislative proposals.(f) This order shall be implemented subject to the 
availability of appropriations.
(g) Executive Order 12958 of April 17, 1995, and 
amendments thereto, including Executive Order 13292 
of March 25, 2003, are hereby revoked as of the effective 
date of this order.
Sec. 6.3.  Effective Date.  This order is effective 180 days 
from the date of this order, except for sections 1.7, 3.3,


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from the date of this order, except for sections 1.7, 3.3, 
and 3.7, which are effective immediately.
Sec. 6.4.  Publication.  The Archivist of the United States 
shall publish this Executive Order in the Federal Register.
BARACK OBAMA


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BASIC LAWS and AUTHORITIES  | 137	THE FREEDOM OF INFORMATION ACT
5 U.S.C. § 552, As Amended
§552. PUBLIC INFORMATION; AGENCY 
RULES, OPINIONS, ORDERS, RECORDS, AND 
PROCEEDINGS
(a) Each agency shall make available to the public 
information as follows:
(1) Each agency shall separately state and currently publish 
in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and 
the established places at which, the employees (and in the


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the established places at which, the employees (and in the 
case of a uniformed service, the members) from whom, 
and the methods whereby, the public may obtain infor -
mation, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by 
which its functions are channeled and determined, in -
cluding the nature and requirements of all formal and 
informal procedures available;
(C) rules of procedure, descriptions of forms available


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(C) rules of procedure, descriptions of forms available 
or the places at which forms may be obtained, and in -
structions as to the scope and contents of all papers, re -
ports, or examinations;
(D) substantive rules of general applicability adopted 
as authorized by law, and statements of general policy or 
interpretations of general applicability formulated and ad -
opted by the agency; and
(E) each amendment, revision, or repeal of the forego -
ing.


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(E) each amendment, revision, or repeal of the forego -
ing.
Except to the extent that a person has actual and timely 
notice of the terms thereof, a person may not in any 
manner be required to resort to, or be adversely affected by, 
a matter required to be published in the Federal Register 
and not so published. For the purpose of this paragraph, 
matter reasonably available to the class of persons affected 
thereby is deemed published in the Federal Register when


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thereby is deemed published in the Federal Register when 
incorporated by reference therein with the approval of the 
Director of the Federal Register.(2) Each agency, in accordance with published rules, 
shall make available for public inspection and copying—
(A) final opinions, including concurring and dissent -
ing opinions, as well as orders, made in the adjudica -
tion of cases;
(B) those statements of policy and interpretations 
which have been adopted by the agency and are not


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which have been adopted by the agency and are not 
published in the Federal Register;
(C) administrative staff manuals and instructions to 
staff that affect a member of the public;
(D) copies of all records, regardless of form or for -
mat, which have been released to any person under 
paragraph (3) and which, because of the nature of their 
subject matter, the agency determines have become or 
are likely to become the subject of subsequent requests 
for substantially the same records; and


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for substantially the same records; and
(E) a general index of the records referred to under 
subparagraph (D);
unless the materials are promptly published and copies 
offered for sale. For records created on or after November 
1, 1996, within one year after such date, each agency 
shall make such records available, including by computer 
telecommunications or, if computer telecommunications 
means have not been established by the agency, by other 
electronic means. To the extent required to prevent a


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electronic means. To the extent required to prevent a 
clearly unwarranted invasion of personal privacy, an 
agency may delete identifying details when it makes 
available or publishes an opinion, statement of policy, 
interpretation, staff manual, instruction, or copies of 
records referred to in subparagraph (D). However, in each 
case the justification for the deletion shall be explained 
fully in writing, and the extent of such deletion shall be 
indicated on the portion of the record which is made


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indicated on the portion of the record which is made 
available or published, unless including that indication 
would harm an interest protected by the exemption 
in subsection (b) under which the deletion is made. If 
technically feasible, the extent of the deletion shall be 
indicated at the place in the record where the deletion was


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138 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 139	made. Each agency shall also maintain and make available 
for public inspection and copying current indexes 
providing identifying information for the public as to 
any matter issued, adopted, or promulgated after July 4, 
1967, and required by this paragraph to be made available 
or published. Each agency shall promptly publish, 
quarterly or more frequently, and distribute (by sale or


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quarterly or more frequently, and distribute (by sale or 
otherwise) copies of each index or supplements thereto 
unless it determines by order published in the Federal 
Register that the publication would be unnecessary and 
impracticable, in which case the agency shall nonetheless 
provide copies of such index on request at a cost not to 
exceed the direct cost of duplication. Each agency shall 
make the index referred to in subparagraph (E) available


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make the index referred to in subparagraph (E) available 
by computer telecommunications by December 31, 1999. 
A final order, opinion, statement of policy, interpretation, 
or staff manual or instruction that affects a member of the 
public may be relied on, used, or cited as precedent by 
an agency against a party other than an agency only if—
(i) it has been indexed and either made available or 
published as provided by this paragraph; or
(ii) the party has actual and timely notice of the


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(ii) the party has actual and timely notice of the 
terms thereof.
(3)(A) Except with respect to the records made available 
under paragraphs (1) and (2) of this subsection, and ex -
cept as provided in subparagraph (E), each agency, upon 
any request for records which (i) reasonably describes such 
records and (ii) is made in accordance with published 
rules stating the time, place, fees (if any), and procedures 
to be followed, shall make the records promptly available 
to any person.


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to any person.
(B) In making any record available to a person under 
this paragraph, an agency shall provide the record in any 
form or format requested by the person if the record is 
readily reproducible by the agency in that form or format. 
Each agency shall make reasonable efforts to maintain its 
records in forms or formats that are reproducible for pur -
poses of this section.
(C) In responding under this paragraph to a request for 
records, an agency shall make reasonable efforts to search


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records, an agency shall make reasonable efforts to search 
for the records in electronic form or format, except when 
such efforts would significantly interfere with the opera -
tion of the agency’s automated information system.(D) For purposes of this paragraph, the term “search” 
means to review, manually or by automated means, agen -
cy records for the purpose of locating those records which 
are responsive to a request.
(E) An agency, or part of an agency, that is an element


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(E) An agency, or part of an agency, that is an element 
of the intelligence community (as that term is defined 
in section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4))) 1 shall not make any record available 
under this paragraph to—
(i) any government entity, other than a State, territo -
ry, commonwealth, or district of the United States, or 
any subdivision thereof; or
(ii) a representative of a government entity described 
in clause (i).


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in clause (i).
(4)(A)(i) In order to carry out the provisions of this sec -
tion, each agency shall promulgate regulations, pursuant 
to notice and receipt of public comment, specifying the 
schedule of fees applicable to the processing of requests 
under this section and establishing procedures and guide -
lines for determining when such fees should be waived or 
reduced. Such schedule shall conform to the guidelines 
which shall be promulgated, pursuant to notice and re -


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which shall be promulgated, pursuant to notice and re -
ceipt of public comment, by the Director of the Office of 
Management and Budget and which shall provide for a 
uniform schedule of fees for all agencies.
(ii) Such agency regulations shall provide that—
(I) fees shall be limited to reasonable standard 
charges for document search, duplication, and re -
view, when records are requested for commercial use;
(II) fees shall be limited to reasonable standard


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(II) fees shall be limited to reasonable standard 
charges for document duplication when records are


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view, when records are requested for commercial use;
(II) fees shall be limited to reasonable standard 
charges for document duplication when records are 
not sought for commercial use and the request is 
made by an educational or noncommercial scientific 
institution, whose purpose is scholarly or scientific 
research; or a representative of the news media; and
(III) for any request not described in (I) or (II), 
fees shall be limited to reasonable standard charges 
for document search and duplication.


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for document search and duplication.
In this clause, the term “a representative of the news media” 
means any person or entity that gathers information 
of potential interest to a segment of the public, uses its


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BASIC LAWS and AUTHORITIES  | 139	editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. In this 
clause, the term “news” means information that is about 
current events or that would be of current interest to the 
public. Examples of news-media entities are television 
or radio stations broadcasting to the public at large and 
publishers of periodicals (but only if such entities qualify 
as disseminators of “news”) who make their products


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as disseminators of “news”) who make their products 
available for purchase by or subscription by or free 
distribution to the general public. These examples are not 
all-inclusive. Moreover, as methods of news delivery evolve 
(for example, the adoption of the electronic dissemination 
of newspapers through telecommunications services), such 
alternative media shall be considered to be news-media 
entities. A freelance journalist shall be regarded as working


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entities. A freelance journalist shall be regarded as working 
for a news-media entity if the journalist can demonstrate a 
solid basis for expecting publication through that entity, 
whether or not the journalist is actually employed by 
the entity. A publication contract would present a solid 
basis for such an expectation; the Government may also 
consider the past publication record of the requester in 
making such a determination.
(iii) Documents shall be furnished without any


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(iii) Documents shall be furnished without any 
charge or at a charge reduced below the fees established 
under clause (ii) if disclosure of the information is in 
the public interest because it is likely to contribute sig -
nificantly to public understanding of the operations or 
activities of the government and is not primarily in the 
commercial interest of the requester.
(iv) Fee schedules shall provide for the recovery of 
only the direct costs of search, duplication, or review.


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only the direct costs of search, duplication, or review. 
Review costs shall include only the direct costs incurred 
during the initial examination of a document for the 
purposes of determining whether the documents must 
be disclosed under this section and for the purposes of 
withholding any portions exempt from disclosure un -
der this section. Review costs may not include any costs 
incurred in resolving issues of law or policy that may be 
raised in the course of processing a request under this


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raised in the course of processing a request under this 
section. No fee may be charged by any agency under 
this section—
(I) if the costs of routine collection and processing 
of the fee are likely to equal or exceed the amount of 
the fee; or(II) for any request described in clause (ii) (II) or 
(III) of this subparagraph for the first two hours of 
search time or for the first one hundred pages of du -
plication.
(v) No agency may require advance payment of any


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plication.
(v) No agency may require advance payment of any 
fee unless the requester has previously failed to pay fees 
in a timely fashion, or the agency has determined that 
the fee will exceed $250.
(vi) Nothing in this subparagraph shall supersede fees 
chargeable under a statute specifically providing for set -
ting the level of fees for particular types of records.
(vii) In any action by a requester regarding the waiver 
of fees under this section, the court shall determine the


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of fees under this section, the court shall determine the 
matter de novo: Provided , That the court’s review of the 
matter shall be limited to the record before the agency.
(viii) An agency shall not assess search fees (or in the 
case of a requester described under clause (ii)(II), dupli -
cation fees) under this subparagraph if the agency fails 
to comply with any time limit under paragraph (6), 
if no unusual or exceptional circumstances (as those


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if no unusual or exceptional circumstances (as those 
terms are defined for purposes of paragraphs (6)(B) and 
(C), respectively) apply to the processing of the request.
(B) On complaint, the district court of the United 
States in the district in which the complainant resides, or 
has his principal place of business, or in which the agency 
records are situated, or in the District of Columbia, has 
jurisdiction to enjoin the agency from withholding agen -


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jurisdiction to enjoin the agency from withholding agen -
cy records and to order the production of any agency re -
cords improperly withheld from the complainant. In such


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jurisdiction to enjoin the agency from withholding agen -
cy records and to order the production of any agency re -
cords improperly withheld from the complainant. In such 
a case the court shall determine the matter de novo, and 
may examine the contents of such agency records in cam -
era to determine whether such records or any part thereof 
shall be withheld under any of the exemptions set forth 
in subsection (b) of this section, and the burden is on the


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in subsection (b) of this section, and the burden is on the 
agency to sustain its action. In addition to any other mat -
ters to which a court accords substantial weight, a court 
shall accord substantial weight to an affidavit of an agen -
cy concerning the agency’s determination as to technical 
feasibility under paragraph (2)(C) and subsection (b) and 
reproducibility under paragraph (3)(B).
(C) Notwithstanding any other provision of law, the 
defendant shall serve an answer or otherwise plead to any


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defendant shall serve an answer or otherwise plead to any 
complaint made under this subsection within thirty days


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140 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 141	after service upon the defendant of the pleading in which 
such complaint is made, unless the court otherwise directs 
for good cause shown.
[(D) Repealed. Pub. L. 98–620, title IV, §402(2), Nov. 
8, 1984, 98 Stat. 3357 .]
(E)(i) The court may assess against the United States 
reasonable attorney fees and other litigation costs reason -
ably incurred in any case under this section in which the 
complainant has substantially prevailed.


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complainant has substantially prevailed.
(ii) For purposes of this subparagraph, a complainant 
has substantially prevailed if the complainant has ob -
tained relief through either—
(I) a judicial order, or an enforceable written agree -
ment or consent decree; or
(II) a voluntary or unilateral change in position by 
the agency, if the complainant’s claim is not insub -
stantial.
(F)(i) Whenever the court orders the production of any 
agency records improperly withheld from the complainant


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agency records improperly withheld from the complainant 
and assesses against the United States reasonable attorney 
fees and other litigation costs, and the court additionally 
issues a written finding that the circumstances surround -
ing the withholding raise questions whether agency per -
sonnel acted arbitrarily or capriciously with respect to the 
withholding, the Special Counsel shall promptly initiate 
a proceeding to determine whether disciplinary action is


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a proceeding to determine whether disciplinary action is 
warranted against the officer or employee who was primar -
ily responsible for the withholding. The Special Counsel, 
after investigation and consideration of the evidence sub -
mitted, shall submit his findings and recommendations to 
the administrative authority of the agency concerned and 
shall send copies of the findings and recommendations to 
the officer or employee or his representative. The admin -


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the officer or employee or his representative. The admin -
istrative authority shall take the corrective action that the 
Special Counsel recommends.
(ii) The Attorney General shall—
(I) notify the Special Counsel of each civil action 
described under the first sentence of clause (i); and
(II) annually submit a report to Congress on the 
number of such civil actions in the preceding year.(iii) The Special Counsel shall annually submit a re -
port to Congress on the actions taken by the Special


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port to Congress on the actions taken by the Special 
Counsel under clause (i).
(G) In the event of noncompliance with the order of 
the court, the district court may punish for contempt the 
responsible employee, and in the case of a uniformed ser -
vice, the responsible member.
(5) Each agency having more than one member shall 
maintain and make available for public inspection a re -
cord of the final votes of each member in every agency 
proceeding.
(6)(A) Each agency, upon any request for records


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proceeding.
(6)(A) Each agency, upon any request for records 
made under paragraph (1), (2), or (3) of this subsec -
tion, shall—
(i) determine within 20 days (excepting Satur -
days, Sundays, and legal public holidays) after the 
receipt of any such request whether to comply with 
such request and shall immediately notify the person 
making such request of such determination and the 
reasons therefor, and of the right of such person to 
appeal to the head of the agency any adverse deter -
mination; and


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mination; and
(ii) make a determination with respect to any ap -
peal within twenty days (excepting Saturdays, Sun -
days, and legal public holidays) after the receipt of 
such appeal. If on appeal the denial of the request 
for records is in whole or in part upheld, the agency 
shall notify the person making such request of the 
provisions for judicial review of that determination 
under paragraph (4) of this subsection.
The 20-day period under clause (i) shall commence on


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The 20-day period under clause (i) shall commence on 
the date on which the request is first received by the 
appropriate component of the agency, but in any event 
not later than ten days after the request is first received 
by any component of the agency that is designated in the 
agency’s regulations under this section to receive requests 
under this section. The 20-day period shall not be tolled 
by the agency except—


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by any component of the agency that is designated in the 
agency’s regulations under this section to receive requests 
under this section. The 20-day period shall not be tolled 
by the agency except—
(I) that the agency may make one request to the re -
quester for information and toll the 20-day period while 
it is awaiting such information that it has reasonably re -
quested from the requester under this section; or


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BASIC LAWS and AUTHORITIES  | 141	(II) if necessary to clarify with the requester issues 
regarding fee assessment. In either case, the agency’s re -
ceipt of the requester’s response to the agency’s request 
for information or clarification ends the tolling period.
(B)(i) In unusual circumstances as specified in this sub -
paragraph, the time limits prescribed in either clause (i) or 
clause (ii) of subparagraph (A) may be extended by writ -
ten notice to the person making such request setting forth


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ten notice to the person making such request setting forth 
the unusual circumstances for such extension and the date 
on which a determination is expected to be dispatched. 
No such notice shall specify a date that would result in 
an extension for more than ten working days, except as 
provided in clause (ii) of this subparagraph.
(ii) With respect to a request for which a written no -
tice under clause (i) extends the time limits prescribed 
under clause (i) of subparagraph (A), the agency shall


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under clause (i) of subparagraph (A), the agency shall 
notify the person making the request if the request 
cannot be processed within the time limit specified in 
that clause and shall provide the person an opportu -
nity to limit the scope of the request so that it may 
be processed within that time limit or an opportunity 
to arrange with the agency an alternative time frame 
for processing the request or a modified request. To aid 
the requester, each agency shall make available its FOIA


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the requester, each agency shall make available its FOIA 
Public Liaison, who shall assist in the resolution of any 
disputes between the requester and the agency. Refusal 
by the person to reasonably modify the request or ar -
range such an alternative time frame shall be considered 
as a factor in determining whether exceptional circum -
stances exist for purposes of subparagraph (C).
(iii) As used in this subparagraph, “unusual cir -
cumstances” means, but only to the extent reasonably


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cumstances” means, but only to the extent reasonably 
necessary to the proper processing of the particular re -
quests—
(I) the need to search for and collect the request -
ed records from field facilities or other establishments 
that are separate from the office processing the request;
(II) the need to search for, collect, and appropri -
ately examine a voluminous amount of separate and 
distinct records which are demanded in a single re -
quest; or
(III) the need for consultation, which shall be con -


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quest; or
(III) the need for consultation, which shall be con -
ducted with all practicable speed, with another agen -cy having a substantial interest in the determination 
of the request or among two or more components of 
the agency having substantial subject-matter interest 
therein.
(iv) Each agency may promulgate regulations, pursu -
ant to notice and receipt of public comment, providing 
for the aggregation of certain requests by the same re -
questor, or by a group of requestors acting in concert,


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questor, or by a group of requestors acting in concert, 
if the agency reasonably believes that such requests ac -
tually constitute a single request, which would other -
wise satisfy the unusual circumstances specified in this 
subparagraph, and the requests involve clearly related 
matters. Multiple requests involving unrelated matters 
shall not be aggregated.
(C)(i) Any person making a request to any agency for 
records under paragraph (1), (2), or (3) of this subsec -


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records under paragraph (1), (2), or (3) of this subsec -
tion shall be deemed to have exhausted his administrative 
remedies with respect to such request if the agency fails to 
comply with the applicable time limit provisions of this 
paragraph. If the Government can show exceptional cir -
cumstances exist and that the agency is exercising due dil -
igence in responding to the request, the court may retain 
jurisdiction and allow the agency additional time to com -


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jurisdiction and allow the agency additional time to com -
plete its review of the records. Upon any determination 
by an agency to comply with a request for records, the 
records shall be made promptly available to such person 
making such request. Any notification of denial of any 
request for records under this subsection shall set forth the 
names and titles or positions of each person responsible 
for the denial of such request.


