
clinton e.o. on national security classification
EXECUTIVE ORDER 12,958
April 17, 1995
CLASSIFIED NATIONAL SECURITY INFORMATION
superceded by Executive Order 13,292, March 25,
2003
Federal Register version in PDF
- PART 1 ORIGINAL CLASSIFICATION
- Section 1.1. Definitions.
- Section 1.2. Classification Standards
- Section 1.3. Classification Levels.
- Section 1.4. Classification Authority
- Section 1.5. Classification Categories
- Section 1.6. Duration of Classification
- Section 1.7. Identification and Markings
- Section 1.8. Classification Prohibitions and Limitations
- Section 1.9. Classification Challenges
- PART 2 DERIVATIVE CLASSIFICATION
- Section 2.1. Definitions
- Section 2.2. Use of Derivative Classification
- Section 2.3. Classification Guides
- PART 3 DECLASSIFICATION AND DOWNGRADING
- Section 3.1. Definitions
- Section 3.2. Authority for Declassification
- Section 3.3. Transferred Information
- Section 3.4. Automatic Declassification
- Section 3.5. Systematic Declassification Review
- Section 3.6. Mandatory Declassification Review
- Section 3.7. Processing Requests and Reviews
- Section 3.8. Declassification Database
- PART 4 SAFEGUARDING
- Section 4.1. Definitions
- Section 4.2. General Restrictions on Access
- Section 4.3. Distribution Controls
- Section 4.4. Special Access Programs
- Section 4.5. Access by Historical Researchers and Former Presidential Appointees.
- PART 5 IMPLEMENTATION AND REVIEW
- Section 5.1. Definitions
- Section 5.2. Program Direction
- Section 5.3. Information Security Oversight Office
- Section 5.4. Interagency Security Classification Appeals Panel
- Section 5.5. Information Security Policy Advisory Council
- Section 5.6. General Responsibilities
- Section 5.7. Sanctions
- PART 6 GENERAL PROVISIONS
- Section 6.1. General Provisions
- Section 6.2. Effective Date
This order prescribes a uniform system for classifying,
safeguarding, and declassifying national security
information. Our democratic principles require that the
American people be informed of the activities of their
Government. Also, our Nation's progress depends on the free
flow of information. Nevertheless, throughout our history,
the national interest has required that certain information
be maintained in confidence in order to protect our
citizens, our democratic institutions, and our
participation within the community of nations. Protecting
information critical to our Nation's security remains a
priority. In recent years, however, dramatic changes have
altered, although not eliminated, the national security
threats that we confront. These changes provide a greater
opportunity to emphasize our commitment to open Government.
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:
For purposes of this order:
(a) "National security" means the national defense or
foreign relations of the United States.
(b) "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.
(c) "Classified national security information" (hereafter
"classified information") means information that has been
determined pursuant to this order or any predecessor order
to require protection against unauthorized disclosure and
is marked to indicate its classified status when in
documentary form.
(d) "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;
(2) information produced by the United States 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.
(e) "Classification" means the act or process by which
information is determined to be classified information.
(f) "Original classification" means an initial
determination that information requires, in the interest of
national security, protection against unauthorized
disclosure.
(g) "Original classification authority" means an individual
authorized in writing, either by the President, or by
agency heads or other officials designated by the
President, to classify information in the first instance.
(h) "Unauthorized disclosure" means a communication or
physical transfer of classified information to an
unauthorized recipient.
(i) "Agency" means any "Executive agency," as defined in 5
U.S.C. 105, and any other entity within the executive
branch that comes into the possession of classified
information.
(j) "Senior agency official" means the official designated
by the agency head under section 5.6(c) of this order to
direct and administer the agency's program under which
information is classified, safeguarded, and declassified.
(k) "Confidential source" means any individual or
organization that has provided, or that may reasonably be
expected to provide, information to the United States on
matters pertaining to the national security with the
expectation that the information or relationship, or both,
are to be held in confidence.
(l) "Damage to the national security" means harm to the
national defense or foreign relations of the United States
from the unauthorized disclosure of information, to include
the sensitivity, value, and utility of that information.
(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; (
(2)) the information is owned by, produced by
or for, or is under the control of the United States
Government; (
(3)) the information falls within one or more of
the categories of information listed in section 1.5 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 and the original
classification authority is able to identify or describe
the damage.
(b) If there is significant doubt about the need to
classify information, it shall not be classified. This
provision does not:
(1) amplify or modify the substantive criteria or
procedures for classification; or (
(2)) create any
substantive or procedural rights subject to judicial
review.
(c) Classified information shall not be declassified
automatically as a result of any unauthorized disclosure of
identical or similar information.
(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.
(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) "Confidential" shall be applied to information, the
unauthorized disclosure of which reasonably could be
expected to cause 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.
(c) If there is significant doubt about the appropriate
level of classification, it shall be classified at the
lower level.
(a) The authority to classify information originally may be
exercised only by:
(1) the President;
(2) agency heads and officials designated by the
President in the Federal Register; or
(3) United States Government officials delegated this
authority pursuant to paragraph (c), below.
(b) Officials authorized to classify information at a
specified level are also authorized to classify information
at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall
be limited to the minimum required to administer this
order. Agency heads are responsible for ensuring that
designated subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) "Top Secret" original classification authority may be
delegated only by the President or by an agency head or
official designated pursuant to paragraph (a)(2), above.
(3) "Secret" or "Confidential" original classification
authority may be delegated only by the President; an
agency head or official designated pursuant to paragraph
(a)(2), above; or the senior agency official, provided
that official has been delegated "Top Secret" original
classification authority by the agency head.
(4) Each delegation of original classification authority
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.
(d) Original classification authorities must receive
training in original classification as provided in this
order and its implementing directives.
(e) Exceptional cases. When an employee, contractor,
licensee, certificate holder, or grantee of an agency that
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.
Information may not be considered for classification unless
it concerns:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including special activities),
intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United
States, including confidential sources;
(e) scientific, technological, or economic matters relating
to the national security;
(f) United States Government programs for safeguarding
nuclear materials or facilities; or
(g) vulnerabilities or capabilities of systems,
installations, projects or plans relating to the national
security.
(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. The date or event shall not exceed the time
frame in paragraph (b), below.
(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, except as provided in paragraph (d), below.
(c) An original classification authority may extend the
duration of classification or reclassify specific
information for successive periods not to exceed 10 years
at a time if such action is consistent with the standards
and procedures established under this order. This provision
does not apply to information contained in records that are
more than 25 years old and have been determined to have
permanent historical value under title 44, United States
Code.
(d) At the time of original classification, the original
classification authority may exempt from declassification
within 10 years specific information, the unauthorized
disclosure of which could reasonably be expected to cause
damage to the national security for a period greater than
that provided in paragraph (b), above, and the release of
which could reasonably be expected to:
(1) reveal an intelligence source, method, or activity, or
a cryptologic system or activity;
(2) reveal information that would assist in the
development or use of weapons of mass destruction;
(3) reveal information that would impair the development
or use of technology within a United States weapons
system;
(4) reveal United States military plans, or national
security emergency preparedness plans;
(5) reveal foreign government information;
(6) damage relations between the United States and a
foreign government, reveal a confidential source, or
seriously undermine diplomatic activities that are
reasonably expected to be ongoing for a period greater
than that provided in paragraph (b), above;
(7) impair the ability of responsible United States
Government officials to protect the President, the Vice
President, and other individuals for whom protection
services, in the interest of national security, are
authorized; or
(8) violate a statute, treaty, or international
agreement.
(e) Information marked for an indefinite duration of
classification under predecessor orders, for example,
"Originating Agency's Determination Required," or
information classified under predecessor orders that
contains no declassification instructions shall be
declassified in accordance with part 3 of this order.
(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 1.3 of this order;
(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) declassification instructions, which shall indicate
one of the following:
(A) the date or event for declassification, as prescribed
in section 1.6(a) or section 1.6(c); or (B) the date that
is 10 years from the date of original classification, as
prescribed in section 1.6(b); or (C) the exemption
category from declassification, as prescribed in section
1.6(d); and
(5) a concise reason for classification which, at a
minimum, cites the applicable classification categories
in section 1.5 of this order.
(b) Specific information contained in paragraph (a), above,
may be excluded if it would reveal additional classified
information.
(c) Each classified document shall, by marking or other
means, indicate which portions are classified, with the
applicable classification level, which portions are exempt
from declassification under section 1.6(d) of this order,
and which portions are unclassified. In accordance with
standards prescribed in directives issued under this order,
the Director of the Information Security Oversight Office
may grant waivers of this requirement for specified classes
of documents or information. The Director shall revoke any
waiver upon a finding of abuse.
(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.
(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.
(a) In no case shall information be classified in order to:
(1) conceal violations of law, inefficiency, or
administrative error;
(2) prevent embarrassment to a person, organization, or
agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does
not require protection in the interest of national
security.
(b) Basic scientific research information not clearly
related to the national security may not be classified.
(c) Information may not be reclassified after it has been
declassified and released to the public under proper
authority.
(d) Information that has not previously been disclosed to
the public under proper authority may be classified or
reclassified after an agency has received a request for it
under the Freedom 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 3.6 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 5.6 of this order. This provision
does not apply to classified information contained in
records that are more than 25 years old and have been
determined to have permanent historical value under title
44, United States Code.
(e) Compilations of items of information which are
individually unclassified may be classified if the compiled
information reveals an additional association or
relationship that:
(1) meets the standards for classification under this
order; and
(2) is not otherwise revealed in the individual items of
information.
As used in this order, "compilation" means an aggregation of
pre-existing unclassified items of information.
(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), below.
(b) In accordance with implementing directives issued
pursuant to this order, an agency head or senior agency
official shall establish procedures under which authorized
holders of information are encouraged and expected to
challenge the classification of information that they
believe is improperly classified or unclassified. These
procedures shall assure that:
(1) individuals are not subject to retribution for bringing
such actions;
(2) an opportunity is provided for review by an impartial
official or panel; and
(3) individuals are advised of their right to appeal
agency decisions to the Interagency Security
Classification Appeals Panel established by section 5.4
of this order.
For purposes of this order:
(a) "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.
(b) "Classification guidance" means any instruction or
source that prescribes the classification of specific
information.
(c) "Classification guide" means a documentary form of
classificat
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