MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Implementation of the Executive Order, "Classified National Security Information"

In simple terms

This memorandum directs executive departments and agencies to implement a new executive order on classified national security information, setting deadlines for agencies to issue implementing regulations, requiring a review of original classification authority delegations, mandating clearance of a 400-million-page declassification backlog by end of 2013, and directing research into new declassification technologies.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 75 FR 733

  3. Agency regulations implementing order due in final form

  4. Public access to all declassified records from 400+ million page backlog

  5. Archivist status report on declassification backlog

  6. Report on original classification authority delegation review due to ISOO

Key directives

  • Heads of departments and agencies with classified information to provide ISOO copy of implementing regulations in final form within 180 days of ISOO's implementing directive
  • Senior agency officials to provide ISOO updates on implementation plans and actions
  • Director of ISOO to publish periodic status report on agency implementation
  • NDC to address referrals and quality assurance problems in 400+ million page declassification backlog permitting public access to all declassified records no later than December 31, 2013
  • Further referrals of backlog records not required except for confidential human sources or WMD key design concepts
  • Secretaries of State, Defense, Energy, and DNI to provide Archivist sufficient guidance to complete declassification task
  • Archivist to make public status report on backlog every 6 months
  • Heads of departments and agencies with original classification authority to commence review ensuring delegations limited to minimum necessary and submit report to ISOO within 120 days
  • Secretary of Defense and DNI to each support research to assist NDC in addressing cross-agency declassification challenges
  • Archivist authorized and directed to publish memorandum in Federal Register

Who is ordered

What to expect

Immediate

  • Memorandum takes effect upon signing
  • Agency heads expected to demonstrate personal commitment to implementation

Near term (90d)

  • ISOO to publish implementing directive for the order (triggering 180-day clock for agency regulations)
  • Agency heads to commence review of original classification authority delegations

Long term

  • Agency regulations due in final form within 180 days of ISOO directive
  • Reports on classification authority review due to ISOO within 120 days of memorandum
  • Declassification backlog of 400+ million pages to be cleared by December 31, 2013
  • Archivist to publish status reports every 6 months
  • National Security Advisor study with Public Interest Declassification Board on fundamental transformation of classification system

Risks & tensions

  • 180-day regulation deadline is contingent on ISOO first publishing its implementing directive, creating dependency risk
  • 400 million page backlog target is extremely ambitious; December 31, 2013 deadline may strain finite resources
  • Exemption for 'clearly and demonstrably' revealing confidential sources or WMD designs leaves subjective interpretive latitude
  • Memorandum expresses expectation of 'measurable progress' but does not define specific metrics for success
  • Study for 'more fundamental transformation' by National Security Advisor is aspirational with no deadline specified
Presidential Memorandum: Implementation of the Executive Order, "Classified National Security Information" · Executive Orders