ExecutiveOrdersEO
MemoMemorandumObama · D Quiet signal

Presidential Memorandum

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

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.

Federal Register Open PDF 75 FR 733

Impact dates

  1. Agency regulations implementing order due in final form

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

  3. Archivist status report on declassification backlog

  4. 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

Timeline

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