
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superceded by Executive Order 13,292, March 25,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
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.
(d) "Source document" means an existing document that
contains classified information that is incorporated,
paraphrased, restated, or generated in new form into a new
document.
(e) "Multiple sources" means two or more source documents,
classification guides, or a combination of both.
(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
(2) carry forward to any newly created documents the
pertinent classification markings. For information
derivatively classified based on multiple sources, the
derivative classifier shall carry forward:
(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.
(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.
(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
(2) is authorized to classify information originally at
the highest level of classification prescribed in the
guide.
(c) Agencies shall establish procedures to assure that
classification guides are reviewed and updated as provided
in directives issued under this order.
For purposes of this order:
(a) "Declassification" means the authorized change in the
status of information from classified information to
unclassified information.
(b) "Automatic declassification" means the declassification
of information based solely upon:
(1) the occurrence of a specific date or event as
determined by the original classification authority; or
(2) the expiration of a maximum time frame for duration
of classification established under this order.
(c) "Declassification authority" means:
(1) the official who authorized the original
classification, if that official is still serving in the
same position;
(2) the originator's current successor in function;
(3) a supervisory official of either; or
(4) officials delegated declassification authority in
writing by the agency head or the senior agency official.
(d) "Mandatory declassification review" means the review
for declassification of classified information in response
to a request for declassification that meets the
requirements under section 3.6 of this order.
(e) "Systematic declassification review" means the review
for declassification of classified information contained in
records that have been determined by the Archivist of the
United States ("Archivist") to have permanent historical
value in accordance with chapter 33 of title 44, United
States Code.
(f) "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.
(g) "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.
(h) "File series" means documentary material, regardless of
its physical form or characteristics, that is arranged in
accordance with a filing system or maintained as a unit
because it pertains to the same function or activity.
(a) Information shall be declassified as soon as it no longer
meets the standards for classification under this order.
(b) It is presumed that information that continues to meet
the classification 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 declassified. 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 national
security that might reasonably be expected from disclosure.
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) If the Director of the Information Security Oversight
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.
(d) The provisions of this section shall also apply to
agencies that, under the terms of this order, do not have
original classification authority, but had such authority
under predecessor orders.
(a) In the case of classified information 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 classified information that is not
officially transferred as described in paragraph (a),
above, 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 information shall be deemed to
be the originating agency for purposes of this order. Such
information 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 information.
(c) Classified information 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 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) The originating agency shall take all reasonable steps
to declassify classified information contained in records
determined to have permanent historical value before they
are accessioned into the National Archives. However, the
Archivist may require that records containing classified
information be accessioned into the National Archives when
necessary to comply with the provisions of the Federal
Records Act. This provision does not apply to information
being transferred to the Archivist pursuant to section 2203
of title 44, United States Code, or information for which
the National Archives and Records Administration serves as
the custodian of the records of an agency or organization
that goes 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
declassified pursuant to the provisions for automatic
declassification in sections 1.6 and 3.4 of this order.
(a) Subject to paragraph (b), below, within 5 years from the
date of this order, all classified information contained in
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 information in such records
shall be automatically declassified no longer than 25 years
from the date of its original classification, except as
provided in paragraph (b), below.
(b) An agency head may exempt from automatic
declassification under paragraph (a), above, specific
information, the release of which should be expected to:
(1) reveal the identity of a confidential human source, or
reveal information about the application of an intelligence
source or method, or reveal the identity of a human
intelligence source when the unauthorized disclosure of
that source would clearly and demonstrably damage the
national security interests of the United States;
(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) reveal actual U.S. military war plans that remain in
effect;
(6) reveal information that would seriously and
demonstrably impair relations between the United States
and a foreign government, or seriously and demonstrably
undermine ongoing diplomatic activities of the United
States;
(7) reveal information that would clearly and
demonstrably impair the current ability of United States
Government officials to protect the President, Vice
President, and other officials for whom protection
services, in the interest of national security, are
authorized;
(8) reveal information that would seriously and
demonstrably impair current national security emergency
preparedness plans; or
(9) violate a statute, treaty, or international
agreement.
(c) No later than the effective date of this order, 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 those
file series almost invariably falls within one or more of
the exemption categories listed in paragraph (b), above,
and which the agency proposes to exempt from automatic
declassification. The notification shall include:
(1) a description of the file series;
(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) except for the identity of a confidential human
source or a human intelligence source, as provided in
paragraph (b), above, a specific date or event for
declassification of the information.
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.
(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 Interagency Security Classification
Appeals Panel, of any specific information beyond that
included in a notification to the President under paragraph
(c), above, that the agency proposes to exempt from
automatic declassification. The notification shall include:
(1) a description of the information;
(2) an explanation of why the information is exempt from
automatic declassification and must remain classified for
a longer period of time; and
(3) except for the identity of a confidential human
source or a human intelligence source, as provided in
paragraph (b), above, a specific date or event for
declassification of the information. The Panel may direct
the agency not to exempt the information or to declassify
it at an earlier date than recommended. The agency head
may appeal such a decision to the President through the
Assistant to the President for National Security Affairs.
The information will remain classified while such an
appeal is pending.
(e) No later than the effective date of this order, the
agency head or senior agency official shall provide the
Director of the Information Security Oversight Office with
a plan for compliance with the requirements of this
section, including the establishment of interim target
dates. Each such plan shall include the requirement that
the agency declassify at least 15 percent of the records
affected by this section no later than 1 year from the
effective date of this order, and similar commitments for
subsequent years until the effective date for automatic
declassification.
(f) Information exempted from automatic declassification
under this section shall remain subject to the mandatory
and systematic declassification review provisions of this
order.
(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.
(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 historically valuable records
exempted from automatic declassification under section 3.4 of
this order. Agencies shall prioritize the systematic review
of records based upon:
(1) recommendations of the Information Security Policy
Advisory Council, established in section 5.5 of this order,
on specific subject areas for systematic review
concentration; or
(2) the degree of researcher interest and the likelihood
of declassification upon review.
(b) The Archivist of the shall conduct a systematic
declassification review program for classified information:
(1)accessioned into the National Archives as of the
effective date of this order;
(2)information transferred
to the Archivist pursuant to section 2203 of title 44,
United States Code; and
(3)information for which the
National Archives and Records Administration serves as the
custodian of the records of an agency or organization that
has gone out of existence. This program shall apply to
pertinent records no later than 25 years from the date of
their creation. The Archivist shall establish priorities
for the systematic review of these records based upon the
recommendations of the Information Security Policy Advisory
Council; or the degree of researcher interest and the
likelihood of declassification upon review. These records
shall be reviewed in accordance with the standards of this
order, its implementing directives, and declassification
guides provided to the Archivist by each agency that
originated the records. The Director of the Information
Security Oversight Office shall assure that agencies
provide the Archivist with adequate and current
declassification guides.
(c) After consultation with affected agencies, the
Secretary of Defense may establish special procedures for
systematic review for declassification of classified
cryptologic information, and the Director of Central
Intelligence may establish special procedures for
systematic review for declassification of classified
information pertaining to intelligence activities
(including special activities), or intelligence sources or
methods.
(a) Except as provided in paragraph (b), below, 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;
(2) the information is not exempted from search and
review under the Central Intelligence Agency Information
Act; and
(3) the information has not been reviewed for
declassification within the past 2 years. If the agency
has reviewed the information within the past 2 years, or
the information is the subject of pending litigation, the
agency shall inform the requester of this fact and of the
requester's appeal rights.
(b) Information originated by:
(1) the incumbent President;
(2)the incumbent President's
White House Staff;
(3) committees, commissions, or boards appointed by the
incumbent President; or
(4)other entities within the
Executive Office of the President that solely advise and
assist the incumbent President is exempted from the
provisions of paragraph (a), above. However, the
Archivist shall have the authority to review, downgrade,
and declassify information of former Presidents under the
control of the Archivist pursuant to sections 2107, 2111,
2111 note, or 2203 of title 44, United States Code.
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 Interagency Security
Classification Appeals Panel. The information shall
remain classified pending a prompt decision on the
appeal.
(c) Agencies conducting a mandatory review for
declassification shall declassify information that no
longer meets the standards for classification under this
order. They shall release this information unless
withholding is otherwise authorized and warranted under
applicable law.
(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 Interagency Security Classification Appeals 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.
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 information whenever the fact
of its existence or nonexistence is itself classified under
this order.
(b) When an agency receives any request for documents in
its custody that contain information that was originally
classified by another agency, or comes across such
documents in the process of the automatic declassification
or systematic review provisions 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 association is itself
classified under this order. In cases in which the
originating agency determines in writing that a response
under paragraph (a), above, is required, the referring
agency shall respond to the requester in accordance with
that paragraph.
(a) The Archivist in conjunction with the Director of the
Information Security Oversight Office and those agencies that
originate classified information, shall establish a
Governmentwide database of information that has been
declassified. The Archivist shall also explore other possible
uses of technology to facilitate the declassification
process.
(b) Agency heads shall fully cooperate with the Archivist
in these efforts.
(c) Except as otherwise authorized and warranted by law,
all declassified information contained within the database
established under paragraph (a), above, shall be available
to the public.
For purposes of this order:
(a) "Safeguarding" means measures and controls that are
prescribed to protect classified information.
(b) "Access" means the ability or opportunity to gain
knowledge of classified information.
(c) "Need-to-know" means a determination made by an
authorized holder of classified information that a
prospective recipient requires access to specific
classified information in order to perform or assist in a
lawful and authorized governmental function.
(d) "Automated information system" means an assembly of
computer hardware, software, or firmware configured to
collect, create, communicate, compute, disseminate,
process, store, or control data or information.
(e) "Integrity" means the state that exists when
information is unchanged from its source and has not been
accidentally or intentionally modified, altered, or
destroyed.
(f) "Network" means a system of two or more computers that
can exchange data or information.
(g) "Telecommunications" means the preparation,
transmission, or communication of information by electronic
means.
(h) "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.
(a) A person may have access to classified 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) 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 agency's control.
(c) Classified information may not be removed from official
premises without proper authorization.
(d) Persons authorized to disseminate classified
information outside the executive branch shall assure the
protection of the information in a manner equivalent to
that provided within the executive branch.
(e) 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,
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