THE WHITE HOUSE 即时发布
新闻秘书办公室
March 25, 2003By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further amend Executive Order 12958, as amended, it is hereby ordered that第12958号行政命令is amended to read as follows: EXECUTIVE ORDER 13292
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FURTHER AMENDMENT TO EXECUTIVE ORDER 12958, AS AMENDED,
国家安全机密信息Classified National Security Information
这个命令规定了统一的系统进行分类,维护好,declassifying国家安全的信息,包括有关打击跨国恐怖主义辩护的信息。我们的民主原则要求美国人民及其政府的活动的通知。另外,我们国家的进步,有赖于信息的自由流动。然而,在我们的历史,国防已要求某些信息保密,维护,以保护我们的公民,我们的民主体制,我们的国土安全,和我们的互动与外国国家。保护我们的国家安全至关重要的信息仍然是当务之急。
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 - 原有的等级划分
秒。1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:
(1) an original classification authority is classifying the information;
(b) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.(2)中的信息是由拥有,由或为产生,或者是在美国政府的控制下;
(3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.
(c) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
秒。1.2. Classification Levels. (a) Information may be classified at one of the following three levels:
(1) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information.(2) "Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(3)“机密”应适用于信息,其中未经授权的披露合理预期可造成损害国家安全,原来的分级权限能够识别或描述。
秒。1.3。分级授权。(a)监督分类信息最初可以仅通过行使:
(1)总统和,在高管履行职责,副总统。
(b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.(2) agency heads and officials designated by the President in the Federal Register; and
(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.
(c) Delegation of original classification authority.
(1)的原始分级授权代表团应当限于施用该顺序的最低要求。机构负责人有责任确保指定的下属官员有明显和持续的需要行使这种权力。
原始分类当局必须recei (d)ve training in original classification as provided in this order and its implementing directives. Such training must include instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure.(2) "Top Secret" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section.
(3) "Secret" or "Confidential" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in section 5.4(d) of this order, provided that official has been delegated "Top Secret" original classification authority by the agency head.
(4)每个代表团aut的原始分类hority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position title.
(e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this information. That agency shall decide within 30 days whether to classify this information. If it is not clear which agency has classification responsibility for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary subject matter interest and forward the information, with appropriate recommendations, to that agency for a classification determination.
秒。1.4。分类类别。信息不得被视为进行分类,除非它涉及:
(a) military plans, weapons systems, or operations;
秒。1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall attempt to establish a specific date or event for declassification based upon the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. The date or event shall not exceed the time frame established in paragraph (b) of this section.(b) foreign government information;
(c)中的情报活动(包括特殊活动),情报来源或方法,或密码学;
(d)外交关系或美国的外交活动,包括机密来源;
(e) scientific, technological, or economic matters relating to the national security, which includes defense against transnational terrorism;
(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, which includes defense against transnational terrorism; or
(h) weapons of mass destruction.
(b) If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it shall be marked for declassification for up to 25 years from the date of the original decision. All information classified under this section shall be subject to section 3.3 of this order if it is contained in records of permanent historical value under title 44, United States Code.
(c) An original classification authority may extend the duration of classification, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed.
(d) Information marked for an indefinite duration of classification under predecessor orders, for example, marked as "Originating Agencys Determination Required," or information classified under predecessor orders that contains no declassification instructions shall be declassified in accordance with part 3 of this order.
秒。1.6. Identification and Markings. (a) At the time of original classification, the following shall appear on the face of each classified document, or shall be applied to other classified media in an appropriate manner:
(1) one of the three classification levels defined in section 1.2 of this order;
(b) Specific information described in paragraph (a) of this section may be excluded if it would reveal additional classified information.(2) the identity, by name or personal identifier and position, of the original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4)解密的指令,其应指示以下中的一个:
(A) the date or event for declassification, as prescribed in section 1.5(a) or section 1.5(c);
(5) a concise reason for classification that, at a minimum, cites the applicable classification categories in section 1.4 of this order.(B)是从原始分类的日起10年,如在第1.5节(b)中规定的日期;要么
(C) the date that is up to 25 years from the date of original classification, as prescribed in section 1.5 (b); and
(c)与每个机密文件方面,该机构始发的文件应,通过标记或其他手段,指示哪些部分进行分类,与适用的分类级别,并且其部分是未分类。按照这个顺序下发布指令规定的标准,对信息安全监督办公室主任可给予这一要求豁免。主任根据虐待的发现撤销任何豁免。
(d) Markings implementing the provisions of this order, including abbreviations and requirements to safeguard classified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order.
(e) Foreign government information shall retain its original classification markings or shall be assigned a U.S. classification that provides a degree of protection at least equivalent to that required by the entity that furnished the information. Foreign government information retaining its original classification markings need not be assigned a U.S. classification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. classification markings.
(f) Information assigned a level of classification under this or predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Whenever such information is used in the derivative classification process or is reviewed for possible declassification, holders of such information shall coordinate with an appropriate classification authority for the application of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document.
(h) Prior to public release, all declassified records shall be appropriately marked to reflect their declassification.
秒。1.7。分类禁令和限制。(a)在任何情况下的信息,以便被分类到:
(1) conceal violations of law, inefficiency, or administrative error;
(b) Basic scientific research information not clearly related to the national security shall not be classified.(2) prevent embarrassment to a person, organization, or agency;
(3)限制了竞争;要么
(4) prevent or delay the release of information that does not require protection in the interest of the national security.
(c)信息可以解密和释放到下仅根据以下条件适当权限的公共之后被重新分类:
(1)改叙行动是代理团长或副行政首长,谁在编写信息的重新分类为国家安全利益需要决定的个人权威下服用;
(d)之前未被discl的信息osed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with the personal participation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order.(2) the information may be reasonably recovered; and
(3)改叙行动及时上报信息安全监督办公室主任。
(e)中,如果编译信息揭示一个附加关联或关系单独非保密可被分类的信息项的汇编:(1)符合此顺序下分类的标准;和(2)不以其他方式显示在信息的各个项目。如在该顺序使用的,“编译”是指信息预先存在的未分类项的集合。
秒。1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the information in accordance with agency procedures established under paragraph (b) of this section.
(二)根据予发行的顺序,一个机构头部或高级机构官员应建立在其授权的鼓励,并有望挑战信息的分类,他们认为不正确分类或机密信息的持有者程序执行指令。这些程序应保证:
(1) individuals are not subject to retribution for bringing such actions;
PART 2--DERIVATIVE CLASSIFICATION(2) an opportunity is provided for review by an impartial official or panel; and
(3)个人告知他们的代理公司决定提出上诉,以通过这个命令的第5.3节设立的机构间安全分类上诉委员会(小组)的权利。
秒。2.1. Use of Derivative Classification. (a) Persons who only reproduce, extract, or summarize classified information, or who only apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions; and
秒。2.2. Classification Guides. (a) Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. These guides shall conform to standards contained in directives issued under this order.(2)结转到任何新创建的文档有关的分类标记。有关信息derivatively分类基于多个源,所述衍生物分类器应该发扬:
(A) the date or event for declassification that corresponds to the longest period of classification among the sources; and
(B) a listing of these sources on or attached to the official file or record copy.
(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
(三)经办机构应当建立程序,以确保分级指南进行审查和更新在此命令而发出的指令提供。(2)被授权进行分类信息原本在指南中规定的分类的最高水平。
PART 3--DECLASSIFICATION AND DOWNGRADING
秒。3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(二)据推测,这将继续满足这种秩序下的分类要求的信息,需要继续得到保护。在某些特殊情况下,然而,保护这些信息的需求可以通过在信息披露公众利益压倒,并在这些情况下,信息应该被解密。当这些问题出现时,他们应提交该机构头部或高级机构官员。那名官员将决定,作为自由裁量权的行使,在披露数据的公众利益是否远远超过国家安全可能合理地从披露预期的损害。这一规定并不:
(1)放大或修改用于分类的实质性标准或程序;要么
(c)信息安全Ov主任ersight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the Assistant to the President for National Security Affairs. The information shall remain classified pending a prompt decision on the appeal.(2)建立任何实质性或程序性权利受到司法审查。
(d)款的规定也应适用于机构,按照这个顺序的条款,没有原来的分级权限,但有下订单的前身这种权力。
秒。3.2。转移记录。结合(a)在分类记录的情况下,转移与转移的功能,而不是仅仅用于存储目的,该接收机构应被视为是该订单的目的始发机构。
(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 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 and Records Administration (National Archives) as of the effective date of this order shall be declassified or downgraded by the Archivist of the United States (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)发起机构应采取一切合理措施,撤销密级包含在记录的分类信息确定它们accessioned到国家档案馆之前,有永久的历史价值。然而,档案管理员可能需要分类记录中accessioned到国家档案馆在必要时遵守联邦记录法的规定。这一规定不适用于记录转移到档案保管员根据标题44,美国码,或记录其中国家档案馆作为一个机构或组织已经存在了的记录保管人的部分2203。
(e) To the extent practicable, agencies shall adopt a system of records management that will facilitate the public release of documents at the time such documents are declassified pursuant to the provisions for automatic declassification in section 3.3 of this order.
秒。3.3. Automatic Declassification. (a) Subject to paragraphs (b)-(e) of this section, on December 31, 2006, 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. Subsequently, all classified records shall be automatically declassified on December 31 of the year that is 25 years from the date of its original classification, except as provided in paragraphs (b)-(e) of this section.
(b) An agency head may exempt from automatic declassification under paragraph (a) of this section specific information, the release of which could be expected to:
(1) reveal the identity of a confidential human source, or a human intelligence source, or reveal information about the application of an intelligence source or method;
(c) An agency head shall notify the President through the Assistant to the President for National Security Affairs of any specific file series of records for which a review or assessment has determined that the information within that file series almost invariably falls within one or more of the exemption categories listed in paragraph (b) of this section and which the agency proposes to exempt from automatic declassification. The notification shall include:(2) reveal information that would assist in the development or use of weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or activities;
(4) reveal information that would impair the application of state of the art technology within a U.S. weapon system;
(5)表明,保持有效的实际的美国军事作战计划;
(6)披露的信息,包括外国政府信息,这将美国和外国政府,或严重且令人信服破坏美国的外交正在进行的活动之间的严重且令人信服地损害关系;
(7)显示的信息会清楚且令人信服地损害美国政府官员的保护总统,副总统,以及为谁保护服务,在国家安全的利益,被授权的其他保护对象的电流的能力;
(8) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans or reveal current vulnerabilities of systems, installations, infrastructures, or projects relating to the national security; or
(9) violate a statute, treaty, or international agreement.
(1) a description of the file series;
The President may direct the agency head not to exempt the file series or to declassify the information within that series at an earlier date than recommended. File series exemptions previously approved by the President shall remain valid without any additional agency action.(2) an explanation of why the information within the file series is almost invariably exempt from automatic declassification and why the information must remain classified for a longer period of time; and
(3)除了机密人源或人源的智能的身份,如本节中,一个特定的日期或事件的信息解密的段(b)中提供的。
(d) At least 180 days before information is automatically declassified under this section, an agency head or senior agency official shall notify the Director of the Information Security Oversight Office, serving as Executive Secretary of the Panel, of any specific information beyond that included in a notification to the President under paragraph (c) of this section that the agency proposes to exempt from automatic declassification. The notification shall include:
(1) a description of the information, either by reference to information in specific records or in the form of a declassification guide;
(e) The following provisions shall apply to the onset of automatic declassification:(2)的原因的信息是从自动解密豁免和必须保持划为更长的时间周期的说明;和
(3)除了机密人源或人源的智能的身份,如本节中,一个特定的日期或事件的信息解密的段(b)中提供的。小组可指示该机构不免除的信息或在更早的日期撤销密级比建议。该机构负责人可以通过助理总统国家安全事务呼吁总统这样的决定。而这样的上诉仍未了结的信息将保持机密。
(1) Classified records within an integral file block, as defined in this order, that are otherwise subject to automatic declassification under this section shall not be automatically declassified until December 31 of the year that is 25 years from the date of the most recent record within the file block.
免除自动declassifi (f)信息cation under this section shall remain subject to the mandatory and systematic declassification review provisions of this order.(2) By notification to the Director of the Information Security Oversight Office, before the records are subject to automatic declassification, an agency head or senior agency official designated under section 5.4 of this order may delay automatic declassification for up to 5 additional years for classified information contained in microforms, motion pictures, audiotapes, videotapes, or comparable media that make a review for possible declassification exemptions more difficult or costly.
(3)通过通知信息安全监督办公室主任,记录之前属于自动解密,一个机构负责人或根据本订单的5.4节指定的机构高级官员可能会延迟长达3年的分类记录的自动解密已经提到或通过另一机构超过3年转移到该机构更小,否则将需要自动解密之前。
(4) By notification to the Director of the Information Security Oversight Office, an agency head or senior agency official designated under section 5.4 of this order may delay automatic declassification for up to 3 years from the date of discovery of classified records that were inadvertently not reviewed prior to the effective date of automatic declassification.
(g) The Secretary of State shall determine when the United States should commence negotiations with the appropriate officials of a foreign government or international organization of governments to modify any treaty or international agreement that requires the classification of information contained in records affected by this section for a period longer than 25 years from the date of its creation, unless the treaty or international agreement pertains to information that may otherwise remain classified beyond 25 years under this section.
含有源自与其他机构或会影响利益或其他机构的活动,应提交审查这些机构和关注的信息只能由这些机构受到自动解密披露的信息(H)记录,一致与所述的第(E)(3)(4)款的规定,以及(e)。
秒。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. This program shall apply to records of permanent historical value exempted from automatic declassification under section 3.3 of this order. Agencies shall prioritize the systematic review of records based upon the degree of researcher interest and the likelihood of declassification upon review.
(二)档案工作者应分类记录进行系统解密审查方案:(1)accessioned到国家档案馆作为这个命令的生效日期;(2)传送到档案员根据标题44的部分2203,美国法典;(3)该国家档案馆作为托管人的机构或组织已经存在了。该计划必须从创立之日起适用于相关记录不晚于25年。档案工作者应为基于研究人员的兴趣程度和解密的经审核的可能性这些记录的系统评价确定优先事项。这些记录应按照由发起记录每个机构提供的档案保管员这个命令的标准,其执行指令,并解密指南进行审查。信息安全监督办公室主任应保证机构提供档案员有足够的电流解密指南。
(三)经协商与受影响机构,国防部长可以建立系统的特别审查程序的分类密码学解密信息,以及中央情报局局长可建立系统性的特别审查程序的机密信息解密有关情报活动(包括特别活动),或情报来源或方法。
秒。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 specificity to enable the agency to locate it with a reasonable amount of effort;
(b)信息发起的:(2) the information is not exempted from search and review under sections 105C, 105D, or 701 of the National Security Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and
(3)该信息尚未在过去的2年之内审查解密。如果该机构已经在过去2年中回顾了信息,或者信息是未决诉讼标的,该机构应告知这一事实请求者和请求者的上诉权利。
(1)现任总统,或在执行职责的表现,现任副总裁;
(三)机构进行了解密的强制性审查应撤销密级信息不再符合分类的标准这个命令下。除非代扣其他形式的授权,并根据适用的法律保证,他们将释放这一信息。(2)现任总统白宫工作人员,或在执行职责的表现,现任副总裁的工作人员;
(3) committees, commissions, or boards appointed by the incumbent President; or
(4)在总统行政办公室内的其他实体,是专为提供咨询和协助现任总统从本节第(一)项的规定豁免。然而,档案保管员应有权审核,降级和撤销密级的文件或前任总统的记录档案保管员根据部分2107,2111,2111注,或标题44,美国法典第2203的控制之下。由档案员制定审查程序应与具有初级主题兴趣机构协商提供并应适用的法律或合法的协议,涉及到各自的总统文件或记录的规定相一致。原发性题材的兴趣机关应当及时通知的档案决定。由档案员的任何最终决定可能由委托或代理机构向小组提出上诉。该信息应在上诉迅速作出决定前保持机密。
(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel.
(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.
秒。3.6. Processing Requests and Reviews. In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of this order, or pursuant to the automatic declassification or systematic review provisions of this order:
(a) An agency may refuse to confirm or deny the existence or nonexistence of requested records whenever the fact of their existence or nonexistence is itself classified under this order or its predecessors.
(b)当一个机构接收用于其保管包含最初由另一家机构分类信息的文件的任何请求,或遇到此类文件在自动解密,否则此订单的系统评价规定的过程中,应当移送的副本任何请求和相关证件到始发机构进行处理,并可以与发端机构协商后,通知转诊的任何请求,除非这种关联是本身被分到这一命令或它的前辈之下。在其中始发代理书面,这部分的根据(a)的响应,需要确定的情况下,参照机构,依照该段给请求者响应。
3.7秒。。解密数据库。(一)Director of the Information Security Oversight Office, in conjunction with those agencies that originate classified information, shall coordinate the linkage and effective utilization of existing agency databases of records that have been declassified and publicly released.
(b) Agency heads shall fully cooperate with the Director of the Information Security Oversight Office in these efforts.
PART 4--SAFEGUARDING
秒。4.1. General Restrictions on Access. (a) A person may have access to classified information provided that:
(1)资格接入的有利判定已经取得了一个机构头或机构负责指派;
(b) Every person who has met the standards for access to classified information in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.(2) the person has signed an approved nondisclosure agreement; and
(3)该人需要到知道的信息。
(c) Classified information shall remain under the control of the originating agency or its successor in function. An agency shall not disclose information originally classified by another agency without its authorization. An official or employee leaving agency service may not remove classified information from the agencys control.
(d) Classified information may not be removed from official premises without proper authorization.
(e) Persons authorized to disseminate classified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch.
(f) Consistent with law, directives, and regulation, an agency head or senior agency official shall establish uniform procedures to ensure that automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information have controls that:
(1) prevent access by unauthorized persons; and
(G)法律,指令和法规,各机构负责人或高级机构官员应制定控制措施,确保机密信息的使用,处理,存储,复制,传输,以及提供足够的保护,防止通过准入条件下予以销毁一致未经授权的人。(2) ensure the integrity of the information.
(h)发布依照指令一致this order, an agency shall safeguard foreign government information under standards that provide a degree of protection at least equivalent to that required by the government or international organization of governments that furnished the information. When adequate to achieve equivalency, these standards may be less restrictive than the safeguarding standards that ordinarily apply to United States "Confidential" information, including modified handling 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)除根据法规,这个命令,指令执行这个命令另有规定,或总统的方向,在一个机构分类信息原产不得已向其提供未经同意的任何其他机构外传播发起机构。一个机构负责人或高级机构官员可以免除起源该机构内的特定信息这一要求。在本节的目的,国防部应被视为一个机构。指用于解密审查,包含几个机构的信息始发记录时,不需要事先同意。
秒。4.2. Distribution Controls. (a) Each agency shall establish controls over the distribution of classified information to ensure that it is distributed only to organizations or individuals eligible for access and with a need-to-know the information.
(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 to an individual or individuals who are otherwise not eligible for access. Such actions shall be taken only in accordance with the directives implementing this order and any procedures 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 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 Central Intelligence may issue an implementing directive governing the emergency disclosure of classified intelligence information.
(c)每个机构应更新,至少每年,自动,例程,或分类信息重复分配,他们分发。收件人应与谁正在更新通讯组列表,每当在状态的有关改变发生,应当通知经销商分销商充分合作。
秒。4.3. Special Access Programs. (a) Establishment of special access programs. Unless otherwise authorized by the President, only the Secretaries of State, Defense, and Energy, and the Director of Central Intelligence, or the principal deputy of each, may create a special access program. For special access programs pertaining to intelligence activities (including special activities, but not including military operational, strategic, and tactical programs), or intelligence sources or methods, this function shall be exercised by the Director of Central Intelligence. These officials shall keep the number of these programs at an absolute minimum, and shall establish them only when the program is required by statute or upon a specific finding that:
(1) the vulnerability of, or threat to, specific information is exceptional; and
(b) Requirements and limitations.(2) the normal criteria for determining eligibility for access applicable to information classified at the same level are not deemed sufficient to protect the information from unauthorized disclosure.
(1)特殊访问程序应仅限于在谁可以访问普通的人数将是相当小的,和所客观提供有关信息增强的保护方案。
(C)的顺序将取代或根据10 U.S.C.作出的任何要求没有119。(2) Each agency head shall establish and maintain a system of accounting for special access programs consistent with directives issued pursuant to this order.
(3) Special access programs shall be subject to the oversight program established under section 5.4(d) of this order. In addition, the Director of the Information Security Oversight Office shall be afforded access to these programs, in accordance with the security requirements of each program, in order to perform the functions assigned to the Information Security Oversight Office under this order. An agency head may limit access to a special access program to the Director and no more than one other employee of the Information Security Oversight Office, or, for special access programs that are extraordinarily sensitive and vulnerable, to the Director only.
(4) The agency head or principal deputy shall review annually each special access program to determine whether it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the Assistant to the President for National Security Affairs, or a designee, on any or all of the agencys special access programs.
秒。4.4. Access by Historical Researchers and Certain 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)从事历史研究项目;
(二)根据本条可以破例只有当机构负责人或发起机构的高级机构官员:(2) previously have occupied policy-making positions to which they were appointed by the President under section 105(a)(2)(A) of title 3, United States Code, or the Vice President under 106(a)(1)(A) of title 3, United States Code; or
(3)担任总裁或副总裁。
(1)决定以书面形式访问是与国家安全的利益相一致;
PART 5--IMPLEMENTATION AND REVIEW(2)采取适当的步骤,以防止未经授权的披露或妥协,并且确保了信息与该顺序相一致的方式维护保护机密信息;和
(3) limits the access granted to former Presidential appointees and Vice Presidential appointees to items that the person originated, reviewed, signed, or received while serving as a Presidential appointee or a Vice Presidential appointee.
秒。5.1. Program Direction. (a) The Director of the Information Security Oversight Office, under the direction of the Archivist and in consultation with the Assistant to the President for National Security Affairs, shall issue such directives as are necessary to implement this order. These directives shall be binding upon the agencies. Directives issued by the Director of the Information Security Oversight Office shall establish standards for:
(1) classification and marking principles;
(b) The Archivist shall delegate the implementation and monitoring functions of this program to the Director of the Information Security Oversight Office.(2) safeguarding classified information, which shall pertain to the handling, storage, distribution, transmittal, and destruction of and accounting for classified information;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
秒。5.2。信息安全监督办公室。(一)有被国家档案局的信息安全监督办公室内设立。档案工作者应任命信息安全监督办公室主任,须经总统批准。
(b) Under the direction of the Archivist, acting in consultation with the Assistant to the President for National Security Affairs, the Director of the Information Security Oversight Office shall:
(1)制定此命令的执行指令;
秒。5.3。间安全分类申诉小组。(2) oversee agency actions to ensure compliance with this order and its implementing directives;
(3) review and approve agency implementing regulations and agency guides for systematic declassification review prior to their issuance by the agency;
(4)要进行各工程处进行现场审查程序这个命令下成立,并要求各机构的这些报告,信息和其他合作可能有必要履行其职责的权力。ReportsReports如果授权访问机密信息的具体类别会对一个特殊的国家安全风险,受影响的机构负责人或高级机构官员应当提交书面理由,建议通过助理总统国家安全事务中获得了总统的拒绝60天的访问请求。访问应在响应待决否认;
(5) review requests for original classification authority from agencies or officials not granted original classification authority and, if deemed appropriate, recommend Presidential approval through the Assistant to the President for National Security Affairs;
(6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the program established under this order;
(7) have the authority to prescribe, after consultation with affected agencies, standardization of forms or procedures that will promote the implementation of the program established under this order;
(8) report at least annually to the President on the implementation of this order; and
(9) convene and chair interagency meetings to discuss matters pertaining to the program established by this order.
(a) Establishment and administration.
(1)现设立一间安全分类申诉小组。国务院,国防部,司法部,中央情报局,国家档案馆和助理总统国家安全事务部门应当在由高级代表谁是全职或永久兼职代表联邦官员或雇员指定作为由相应的机构负责人一个小组的成员。主席应来自该小组成员中选出主席小组。
(b)职能。专家组应:(2) A vacancy on the Panel shall be filled as quickly as possible as provided in paragraph (a)(1) of this section.
(3) The Director of the Information Security Oversight Office shall serve as the Executive Secretary. The staff of the Information Security Oversight Office shall provide program and administrative support for the Panel.
(4)该小组的成员和工作人员必须要求满足资格准入标准,以满足面板功能。
(5)事务委员会须在主席的号召满足。主席应安排会议,可能是必要的小组履行及时的功能。
(6) The Information Security Oversight Office shall include in its reports to the President a summary of the Panels activities.
(1) decide on appeals by persons who have filed classification challenges under section 1.8 of this order;
(C)的规则和程序。小组出具的附例,其中应在联邦纪事上发布。用人单位的规章制度应当建立,该小组将在受理,综合考虑,并呼吁发出决定遵循的规则和程序。该小组的规则和程序应规定,该小组将仅考虑在其中行动呼吁:(2) approve, deny, or amend agency exemptions from automatic declassification as provided in section 3.3 of this order; and
(3)决定由个人或谁下此订单的第3.5节申请要求强制解密审核实体上诉。
(1) the appellant has exhausted his or her administrative remedies within the responsible agency;
(d) Agency heads shall cooperate fully with the Panel so that it can fulfill its functions in a timely and fully informed manner. An agency head may appeal a decision of the Panel to the President through the Assistant to the President for National Security Affairs. The Panel shall report to the President through the Assistant to the President for National Security Affairs any instance in which it believes that an agency head is not cooperating fully with the Panel.(2) there is no current action pending on the issue within the Federal courts; and
(3) the information has not been the subject of review by the Federal courts or the Panel within the past 2 years.
(e) The Panel is established for the sole purpose of advising and assisting the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States. Panel decisions are committed to the discretion of the Panel, unless changed by the President.
(f) Notwithstanding paragraphs (a) through (e) of this section, whenever the Panel reaches a conclusion that information owned or controlled by the Director of Central Intelligence (Director) should be declassified, and the Director notifies the Panel that he objects to its conclusion because he has determined that the information could reasonably be expected to cause damage to the national security and to reveal (1) the identity of a human intelligence source, or (2) information about the application of an intelligence source or method (including any information that concerns, or is provided as a result of, a relationship with a cooperating intelligence element of a foreign government), the information shall remain classified unless the Director's determination is appealed to the President, and the President reverses the determination.
秒。5.4. General Responsibilities. Heads of agencies that originate or handle classified information shall:
(一)展示个人承诺,并承诺高层管理人员对成功执行这个命令下建立的程序;
(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 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)指定一名高级机构官员领导和管理程序,其职责包括:
(1)监督该机构计划这个命令下建立,提供了一个机构团长可指定一个独立的官员来监督这个秩序下授权的特别访问程序。这位官员应提供至少每年该机构的特殊访问程序的全面核算;
秒。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 or to the senior agency official so that corrective steps, if appropriate, may be taken.(2)颁布实施条例,并应公布在联邦登记册,以它们影响市民的程度;
(3)建立和维护安全教育和培训计划;
(4)建立和维持一个持续的自检程序,其中应包括定期审查和工程处的分级产品的评估;
(5)建立程序以防止对机密信息不必要的访问,包括程序的是:
(A) require that a need for access to classified information is established before initiating administrative clearance procedures; and
(6) developing special contingency plans for the safeguarding of classified information used in or near hostile or potentially hostile areas;(B) ensure that the number of persons granted access to classified information is limited to the minimum consistent with operational and security requirements and needs;
(7) ensuring that the performance contract or other system used to rate civilian or military personnel performance includes the management of classified information as a critical element or item to be evaluated in the rating of:
(A) original classification authorities;
(8),占本规程的实施细则,报信息安全监督办公室发表主任的相关费用;和(B)安全管理器或安全专家;和
(三)其他所有人员,他们的职责显著涉及创建或处理的分类信息;
(9) assigning in a prompt manner agency personnel to respond to any request, appeal, challenge, complaint, or suggestion arising out of this order that pertains to classified information that originated in a component of the agency that no longer exists and for which there is no clear successor in function.
(二)官员和美国政府的雇员,其承包人,证书持有者和受赠应受适当的制裁,如果他们明知,故意,或过失:
(1) disclose to unauthorized persons information properly classified under this order or predecessor orders;
(c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation.(2) classify or continue the classification of information in violation of this order or any implementing directive;
(3)建立或继续一个特殊的访问程序违背了该订单的要求;要么
(4) contravene any other provision of this order or its implementing directives.
(d)该机构负责人,资深机构官员,或其他监管官员应在最低限度,及时删除谁证明不顾或错误在应用此订单的分类标准图案的任何个人的分级权限。
(五)机构负责人或高层应机构官员:
(1)取适当和迅速的校正动作时根据本节的(b)段违反或违规发生;和
PART 6--GENERAL PROVISIONS(2) notify the Director of the Information Security Oversight Office when a violation under paragraph (b)(1), (2), or (3) of this section occurs.
秒。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)“自动信息系统”是指一个组件的计算机硬件,软件,或固件配置成收集,创建,传送,计算,传播,处理,存储,或控制数据或信息。
(d) "Automatic declassification" means the declassification of information based solely upon:
(1)特定的日期或由原始分级授权确定事件的发生;要么
(e) "Classification" means the act or process by which information is determined to be classified information.(2)此订单下建立分类的持续时间的最大时间帧期满。
(f) "Classification guidance" means any instruction or source that prescribes the classification of specific information.
(g) "Classification guide" means a documentary form of classification guidance issued by an original classification authority that identifies the elements of information regarding a specific subject that must be classified and establishes the level and duration of classification for each such element.
(八)“国家安全机密信息”或已确定按照这个顺序任何前任命令,要求对未经授权的泄露保护和标记文件形式时,指示其分类地位“机密信息”是指信息。
(一)“机密源”是指已提供的任何个人或组织,或可合理预期提供的信息到美国就有关国家安全与期望的信息或关系,或两者都是事宜在信心举行。
(j) "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.
(k)的“解密”是指在从机密信息到非保密信息的状态信息的授权的变化。
(l) "Declassification authority" means:
(1) the official who authorized the original classification, if that official is still serving in the same position;
(m) "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.(2)发起者在功能当前后继;
(3)的任一监控官方;要么
(4)官员由行政首长或高级机构官员写委托权威解密。
(n) "Derivative classification" means the incorporating, paraphrasing, restating, or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification includes the classification of information based on classification guidance. The duplication or reproduction of existing classified information is not derivative classification.
(o) "Document" means any recorded information, regardless of the nature of the medium or the method or circumstances of recording.
(p) "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.
(q)中的“文件系列”是指文件为单位或文件根据文件系统设置或保持在一起,因为它们涉及从相同的活性的特定主题或功能,结果,记录一个特定的交易类型,采取一个特定的物理形式,或者有其他关系引发他们的创作,收据,或使用了,如访问或使用限制。
(r) "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;
(s) "Information" means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. "Control" means the authority of the agency that originates information, or its successor in function, to regulate access to the information.(2) information produced by the United States Government pursuant to or as a result of a joint arrangement with a foreign government or governments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or
(3) information received and treated as "foreign government information" under the terms of a predecessor order.
(t)的“违规”是指任何知道,任性,或疏忽违背这个命令不构成“违反”,如下文所定义的要求或它的执行指令。
(u) "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 of a set of records covering either a specific topic or a range of time such as presidential administration or a 5-year retirement schedule within a specific file series that is retired from active use as a group.
(ⅴ)“完整性”是指当信息是从它的源不变,并没有被无意或有意修饰,改变或破坏存在的状态。
(w) "Mandatory declassification review" means the review for declassification of classified information in response to a request for declassification that meets the requirements under section 3.5 of this order.
(x) "Multiple sources" means two or more source documents, classification guides, or a combination of both.
(y) "National security" means the national defense or foreign relations of the United States.
(Z)“需要知道”的指的机密信息的授权持有者是一个预期的接受者需要访问特定的机密信息,以执行或协助合法,并授权政府职能做出判断。
(aa) "Network" means a system of two or more computers that can exchange data or information.
(bb) "Original classification" means an initial determination that information requires, in the interest of the national security, protection against unauthorized disclosure.
(cc)“原始分类权威”意味着一个individual authorized in writing, either by the President, the Vice President in the performance of executive duties, or by agency heads or other officials designated by the President, to classify information in the first instance.
(dd) "Records" means the records of an agency and 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 agencys control under the terms of the contract, license, certificate, or grant.
(ee) "Records having permanent historical value" means Presidential papers or Presidential records and the records of an agency that the Archivist has determined should be maintained permanently in accordance with title 44, United States Code.
(ff) "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 management of agency operations.
(gg) "Safeguarding" means measures and controls that are prescribed to protect classified information.
(hh) "Self-inspection" means the internal review and evaluation of individual agency activities and the agency as a whole with respect to the implementation of the program established under this order and its implementing directives.
(II)“高级机构正式”是指通过本以便引导和管理根据该信息被分类该机构程序的下部分中的机构头部5.4(d)指定的官方,维护,和解密。
(JJ)“源文件”是指现有的文档包含机密信息被结合,转述,重申,或者在新的形式生成到一个新的文档。
(kk) "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.
(LL)“系统的解密审核”是指包含在已被确定档案员有按照标题44,美国法典永久的历史价值记录的机密信息解密审查。
(毫米)“电信”手段制备,传输,或信息以电子方式通信。
(nn) "Unauthorized disclosure" means a communication or physical transfer of classified information to an unauthorized recipient.
(OO) “冲突” 是指:
(1)任何知道,故意或疏忽,可能合理地预期导致的分类信息的未经授权的披露动作;
(pp) "Weapons of mass destruction" means chemical, biological, radiological, and nuclear weapons.(2) any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of this order or its implementing directives; or
(3)任何明知,故意或疏忽行为来创建或继续一个特殊的访问程序违背了此订单的要求。
6.2秒。。一般规定。(一)本要么der shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended, or the National Security Act of 1947, as amended. "Restricted Data" and "Formerly Restricted Data" shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act.
(b) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this order with respect to any question arising in the course of its administration.
(c)没有按照这个顺序限制保护房颤forded 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 departments, agencies, officers, employees, or agents. The foregoing is in addition to the specific provisos set forth in sections 3.1(b) and 5.3(e) of this order."
(d) Executive Order 12356 of April 6, 1982, was revoked as of October 14, 1995.
秒。6.3. Effective Date. This order is effective immediately, except for section 1.6, which shall become effective 180 days from the date of this order.
白宫,
GEORGE W. BUSH
2003年3月25日。