PART 3 -- DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. Authority for Decla**ification. (a) Information shall be decla**ified as soon as it no longer meets the standards for cla**ification under this order.
(b) Information shall be decla**ified or downgraded by:
(1) the official who authorized the original cla**ification, if that official is still serving in the same position and has original cla**ification authority;
(2) the originator's current successor in function, if that individual has original cla**ification authority;
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original cla**ification authority; or
(4) officials delegated decla**ification authority in writing by the agency head or the senior agency official of the originating agency.
(c) The Director of National Intelligence (or, if delegated by the Director of National Intelligence, the Principal Deputy Director of National Intelligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or department, decla**ify, downgrade, or direct the decla**ification or downgrading of information or intelligence relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to meet the cla**ification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be decla**ified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for cla**ification; 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 cla**ified in violation of this order, the Director may require the information to be decla**ified by the agency that originated the cla**ification. Any such decision by the Director may be appealed to the President through the National Security Advisor. The information shall remain cla**ified 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 original cla**ification authority, but had such authority under predecessor orders.
(g) No information may be excluded from decla**ification under section 3.3 of this order based solely on the type of document or record in which it is found. Rather, the cla**ified information must be considered on the basis of its content.
(h) Cla**ified nonrecord materials, including artifacts, shall be decla**ified as soon as they no longer meet the standards for cla**ification 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 cla**ified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order.
(b) In the case of cla**ified 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 decla**ified or downgraded by the agency in possession of the records after consultation with any other agency that has an interest in the subject matter of the records.
(c) Cla**ified records accessioned into the National Archives shall be decla**ified or downgraded by the Archivist in accordance with this order, the directives issued pursuant to this order, agency decla**ification guides, and any existing procedural agreement between the Archivist and the relevant agency head.
(d) The originating agency shall take all reasonable steps to decla**ify cla**ified information contained in records determined to have permanent historical value before they are accessioned into the National Archives. However, the Archivist may require that cla**ified records be accessioned into the National Archives when necessary to comply with the provisions of the Federal Records Act. This provision does not apply to records transferred to the Archivist pursuant to section 2203 of title 44, United States Code, or records for which the National Archives serves as the custodian of the records of an agency or organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt a system of records management that will facilitate the public release of documents at the time such documents are decla**ified pursuant to the provisions for automatic decla**ification in section 3.3 of this order.
Sec. 3.3. Automatic Decla**ification. (a) Subject to paragraphs (b)–(d) and (g)–(j) of this section, all cla**ified 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 decla**ified whether or not the records have been reviewed. All cla**ified records shall be automatically decla**ified 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 cla**ification shall be used instead.
(b) An agency head may exempt from automatic decla**ification under paragraph (a) of this section specific information, the release of which should clearly and demonstrably be expected to:
(1) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source; or impair the effectiveness of an intelligence method currently in use, available for use, or under development;
(2) reveal information that would a**ist in the development, production, or use of weapons of ma** destruction;
(3) reveal information that would impair U.S. cryptologic systems or activities;
(4) reveal information that would impair the application of state-of-the-art technology within a U.S. weapon system;
(5) reveal formally named or numbered U.S. military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans;
(6) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States;
(7) reveal information that would impair the current ability of United States Government officials to protect the President, Vice President, and other protectees for whom protection services, in the interest of the national security, are authorized;
(8) reveal information that would seriously impair current national security emergency preparedness plans or reveal current vulnerabilities of systems, installations, or infrastructures relating to the national security; or
(9) violate a statute, treaty, or international agreement that does not permit the automatic or unilateral decla**ification of information at 25 years.
(c)(1) An agency head shall notify the Panel of any specific file series of records for which a review or a**essment 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 decla**ification at 25 years.
(2) The notification shall include:
(A) a description of the file series;
(B) an explanation of why the information within the file series is almost invariably exempt from automatic decla**ification and why the information must remain cla**ified for a longer period of time; and
(C) except when the information within the file series almost invariably identifies a confidential human source or a human intelligence source or key design concepts of weapons of ma** destruction, a specific date or event for decla**ification 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 decla**ify the information within that series at an earlier date than recommended. The agency head may appeal such a decision to the President through the National Security Advisor.
(4) File series exemptions approved by the President prior to December 31, 2008, shall remain valid without any additional agency action pending Panel review by the later of December 31, 2010, or December 31 of the year that is 10 years from the date of previous approval.
(d) The following provisions shall apply to the onset of automatic decla**ification:
(1) Cla**ified records within an integral file block, as defined in this order, that are otherwise subject to automatic decla**ification under this section shall not be automatically decla**ified 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 Decla**ification Center (the Center) established by section 3.7 of this order and before the records are subject to automatic decla**ification, an agency head or senior agency official may delay automatic decla**ification for up to five additional years for cla**ified information contained in media that make a review for possible decla**ification exemptions more difficult or costly.
(3) Other than for records that are properly exempted from automatic decla**ification, records containing cla**ified information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies with respect to the cla**ified information and could reasonably be expected to fall under one or more of the exemptions in paragraph (b) of this section shall be identified prior to the onset of automatic decla**ification for later referral to those agencies.
(A) The information of concern shall be referred by the Center established by section 3.7 of this order, or by the centralized facilities referred to in section 3.7(e) of this order, in a prioritized and scheduled manner determined by the Center.
(B) If an agency fails to provide a final determination on a referral made by the Center within 1 year of referral, or by the centralized facilities referred to in section 3.7(e) of this order within 3 years of referral, its equities in the referred records shall be automatically decla**ified.
(C) If any disagreement arises between affected agencies and the Center regarding the referral review period, the Director of the Information Security Oversight Office shall determine the appropriate period of review of referred records.
(D) Referrals identified prior to the establishment of the Center by section 3.7 of this order shall be subject to automatic decla**ification only in accordance with subparagraphs (d)(3)(A)–(C) of this section.
(4) After consultation with the Director of the Information Security Oversight Office, an agency head may delay automatic decla**ification for up to 3 years from the date of discovery of cla**ified records that were inadvertently not reviewed prior to the effective date of automatic decla**ification.
(e) Information exempted from automatic decla**ification under this section shall remain subject to the mandatory and systematic decla**ification review provisions of this order.
(f) The Secretary of State shall determine when the United States should commence negotiations with the appropriate officials of a foreign government or international organization of governments to modify any treaty or international agreement that requires the cla**ification 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 cla**ified beyond 25 years under this section.
(g) The Secretary of Energy shall determine when information concerning foreign nuclear programs that was removed from the Restricted Data category in order to carry out provisions of the National Security Act of 1947, as amended, may be decla**ified. Unless otherwise determined, such information shall be decla**ified when comparable information concerning the United States nuclear program is decla**ified.
(h) Not later than 3 years from the effective date of this order, all records exempted from automatic decla**ification under paragraphs (b) and (c) of this section shall be automatically decla**ified 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 decla**ification at 50 years:
(A) the identity of a confidential human source or a human intelligence source; or
(B) key design concepts of weapons of ma** destruction.
(2) In extraordinary cases, agency heads may, within 5 years of the onset of automatic decla**ification, propose to exempt additional specific information from decla**ification at 50 years.
(3) Records exempted from automatic decla**ification under this paragraph shall be automatically decla**ified on December 31 of a year that is no more than 75 years from the date of origin unless an agency head, within 5 years of that date, proposes to exempt specific information from decla**ification at 75 years and the proposal is formally approved by the Panel.
(i) Specific records exempted from automatic decla**ification prior to the establishment of the Center described in section 3.7 of this order shall be subject to the provisions of paragraph (h) of this section in a scheduled and prioritized manner determined by the Center.
(j) At least 1 year before information is subject to automatic decla**ification under this section, an agency head or senior agency official shall notify the Director of the Information Security Oversight Office, serving as Executive Secretary of the Panel, of any specific information that the agency proposes to exempt from automatic decla**ification 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 decla**ification guide;
(B) an explanation of why the information should be exempt from automatic decla**ification and must remain cla**ified for a longer period of time; and
(C) a specific date or a specific and independently verifiable event for automatic decla**ification of specific records that contain the information proposed for exemption.
(2) The Panel may direct the agency not to exempt the information or to decla**ify it at an earlier date than recommended. An agency head may appeal such a decision to the President through the National Security Advisor. The information will remain cla**ified while such an appeal is pending.
(k) For information in a file series of records determined not to have permanent historical value, the duration of cla**ification 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 cla**ification shall be extended if the record has been retained for business reasons beyond the scheduled disposition date.
Sec. 3.4. Systematic Decla**ification Review. (a) Each agency that has originated cla**ified information under this order or its predecessors shall establish and conduct a program for systematic decla**ification review for records of permanent historical value exempted from automatic decla**ification 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 decla**ification review program for cla**ified records: (1) accessioned into the National Archives; (2) transferred to the Archivist pursuant to 44 U.S.C. 2203; and (3) for which the National Archives serves as the custodian for an agency or organization that has gone out of existence.
Sec. 3.5. Mandatory Decla**ification Review. (a) Except as provided in paragraph (b) of this section, all information cla**ified under this order or predecessor orders shall be subject to a review for decla**ification by the originating agency if:
(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;
(2) the document or material containing the information responsive to the request is not contained within an operational file exempted from search and review, publication, and disclosure under 5 U.S.C. 552 in accordance with law; and
(3) the information is not the subject of pending litigation.
(b) Information originated by the incumbent President or the incumbent Vice President; the incumbent President's White House Staff or the incumbent Vice President's Staff; committees, commissions, or boards appointed by the incumbent President; or other entities within the Executive Office of the President that solely advise and a**ist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and decla**ify papers or records of former Presidents and Vice Presidents under the control of the Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist's decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain cla**ified pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for decla**ification shall decla**ify information that no longer meets the standards for cla**ification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.
(d) If an agency has reviewed the requested information for decla**ification within the past 2 years, the agency need not conduct another review and may instead inform the requester of this fact and the prior review decision and advise the requester of appeal rights provided under subsection (e) of this section.
(e) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of cla**ified information. These procedures shall apply to information cla**ified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of National Intelligence shall develop special procedures for the review of information pertaining to intelligence sources, methods, and activities; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.
(g) Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section.
(h) This section shall not apply to any request for a review made to an element of the Intelligence Community that is made by a person other than an individual as that term is defined by 5 U.S.C. 552a(a)(2), or by a foreign government entity or any representative thereof.
Sec. 3.6. Processing Requests and Reviews. Notwithstanding section 4.1(i) of this order, in response to a request for information under the Freedom of Information Act, the Presidential Records Act, the Privacy Act of 1974, or the mandatory review provisions of this order:
(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 cla**ified under this order or its predecessors.
(b) When an agency receives any request for documents in its custody that contain cla**ified information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies with respect to the cla**ified information, or identifies such documents in the process of implementing sections 3.3 or 3.4 of this order, it shall refer copies of any request and the pertinent documents to the originating agency for processing and may, after consultation with the originating agency, inform any requester of the referral unless such a**ociation is itself cla**ified under this order or its predecessors. In cases in which the originating agency determines in writing that a response under paragraph (a) of this section is required, the referring agency shall respond to the requester in accordance with that paragraph.
(c) Agencies may extend the cla**ification of information in records determined not to have permanent historical value or nonrecord materials, including artifacts, beyond the time frames established in sections 1.5(b) and 2.2(f) of this order, provided:
(1) the specific information has been approved pursuant to section 3.3(j) of this order for exemption from automatic decla**ification; and
(2) the extension does not exceed the date established in section 3.3(j) of this order.
Sec. 3.7. National Decla**ification Center (a) There is established within the National Archives a National Decla**ification Center to streamline decla**ification processes, facilitate quality-a**urance measures, and implement standardized training regarding the decla**ification of records determined to have permanent historical value. There shall be a Director of the Center who shall be appointed or removed by the Archivist in consultation with the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, and the Director of National Intelligence.
(b) Under the administration of the Director, the Center shall coordinate:
(1) timely and appropriate processing of referrals in accordance with section 3.3(d)(3) of this order for accessioned Federal records and transferred presidential records.
(2) general interagency decla**ification activities necessary to fulfill the requirements of sections 3.3 and 3.4 of this order;
(3) the exchange among agencies of detailed decla**ification guidance to enable the referral of records in accordance with section 3.3(d)(3) of this order;
(4) the development of effective, transparent, and standard decla**ification work processes, training, and quality a**urance measures;
(5) the development of solutions to decla**ification challenges posed by electronic records, special media, and emerging technologies;
(6) the linkage and effective utilization of existing agency databases and the use of new technologies to document and make public decla**ification review decisions and support decla**ification activities under the purview of the Center; and
(7) storage and related services, on a reimbursable basis, for Federal records containing cla**ified national security information.
(c) Agency heads shall fully cooperate with the Archivist in the activities of the Center and shall:
(1) provide the Director with adequate and current decla**ification 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, a**ign agency personnel to the Center who shall be delegated authority by the agency head to review and exempt or decla**ify information originated by their agency contained in records accessioned into the National Archives, after consultation with subject-matter experts as necessary.
(d) The Archivist, in consultation with representatives of the participants in the Center and after input from the general public, shall develop priorities for decla**ification activities under the purview of the Center that take into account the degree of researcher interest and the likelihood of decla**ification.
(e) Agency heads may establish such centralized facilities and internal operations to conduct internal decla**ification reviews as appropriate to achieve optimized records management and decla**ification business processes. Once established, all referral processing of accessioned records shall take place at the Center, and such agency facilities and operations shall be coordinated with the Center to ensure the maximum degree of consistency in policies and procedures that relate to records determined to have permanent historical value.
(f) Agency heads may exempt from automatic decla**ification or continue the cla**ification of their own originally cla**ified information under section 3.3(a) of this order except that in the case of the Director of National Intelligence, the Director shall also retain such authority with respect to the Intelligence Community.
(g) The Archivist shall, in consultation with the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Information Security Oversight Office, provide the National Security Advisor with a detailed concept of operations for the Center and a proposed implementing directive under section 5.1 of this order that reflects the coordinated views of the aforementioned agencies.
PART 4 -- SAFEGUARDING
Sec. 4.1. General Restrictions on Access. (a) A person may have access to cla**ified information provided that:
(1) a favorable determination of eligibility for access has been made by an agency head or the agency head's designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to cla**ified information in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of cla**ified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect cla**ified information from unauthorized disclosure.
(c) An official or employee leaving agency service may not remove cla**ified information from the agency's control or direct that information be decla**ified in order to remove it from agency control.
(d) Cla**ified information may not be removed from official premises without proper authorization.
(e) Persons authorized to disseminate cla**ified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch.
(f) Consistent with law, executive orders, directives, and regulations, an agency head or senior agency official or, with respect to the Intelligence Community, the Director of National Intelligence, shall establish uniform procedures to ensure that automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store cla**ified 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, protocols, 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 with respect to the Intelligence Community, the Director of National Intelligence, shall establish controls to ensure that cla**ified 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 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 a need-to-know who have not otherwise been cleared for access to cla**ified information or executed an approved nondisclosure agreement.
(i)(1) Cla**ified 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 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 cla**ified information in accordance with implementing directives issued pursuant to this order.
(2) Cla**ified information originating in one agency may be disseminated by any other agency to which it has been made available to a foreign government in accordance 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 governments, 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 consent of the originating agency. An agency head or senior agency official may waive this requirement for specific information that originated within that agency.
(4) For purposes of this section, the Department of Defense shall be considered one agency, except that any dissemination of information regarding intelligence sources, methods, or activities shall be consistent with directives issued pursuant to section 6.2(b) of this order.
(5) Prior consent of the originating agency is not required when referring records for decla**ification 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 cla**ified 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 cla**ified information (including information marked 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 cla**ified information, which shall be designed to minimize the cla**ified 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 decla**ified as a result of such disclosure or subsequent use by a recipient. Such disclosures shall be reported promptly to the originator of the cla**ified information. For purposes of this section, the Director of National Intelligence may issue an implementing directive governing the emergency disclosure of cla**ified intelligence information.
(c) Each agency shall update, at least annually, the automatic, routine, or recurring distribution mechanism for cla**ified 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 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 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 information is exceptional; and
(2) the normal criteria for determining eligibility for access applicable to information cla**ified 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.
(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 a**igned to the Information Security Oversight Office under this order. An agency head may limit 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 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 National Security Advisor, or a designee, on any or all of the agency's special access programs.
(6) For the purposes of this section, the term "agency 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 in section 4.1(a)(3) of this order that access to cla**ified 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 positions to which they were appointed or designated by the President or the Vice President; or
(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 cla**ified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with this order; and
(3) limits the access granted to former Presidential appointees 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.