[Executive Orders]
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White House Press Release
Classified National Security Information
The White House
Office of the Press Secretary
________________________________________________________________
For Immediate Release April 17, 1995
Executive Order
#12958
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Classified National Security Information
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:
Part 1 Original Classification
Section 1.1. Definitions. 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 accessto
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;
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(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, orby
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.
Sec. 1.2. Classification Standards. (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.
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(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.
Sec. 1.3. Classification Levels. (a) Information maybe
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.
Sec. 1.4. Classification Authority. (a) The authorityto
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.
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(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 within30
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.
Sec. 1.5. Classification Categories.
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
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(g) vulnerabilities or capabilities of systems,
installations, projects or plans relating to the national
security.
Sec. 1.6. Duration of Classification. (a) At the timeof
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.
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(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.
Sec. 1.7. Identification and Markings. (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 classification,
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.
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(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.
Sec. 1.8. Classification Prohibitions and Limitations.
(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.
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Sec. 1.9. Classification Challenges. (a) Authorized
holders of information who, in good faith, believe that its
classification status is improper are encouraged and expectedto
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.
Part 2 Derivative Classification
Sec. 2.1. Definitions. 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.
Sec. 2.2. Use of Derivative Classification. (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.
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(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.
Sec. 2.3. Classification Guides. (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.
Part 3 Declassification And Downgrading
Sec. 3.1. Definitions. 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.
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(d) "Mandatory declassification review" means the review
for declassification of classified information in response toa
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 maybe
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.
Sec. 3.2. Authority for Declassification. (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 violationof
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. Sec. 3.3. Transferred Information. (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.
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(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.
Sec. 3.4. Automatic Declassification. (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 informationin
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 identityof
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;
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(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 proposesto
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 atan
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
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(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 than1
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.
Sec. 3.5. Systematic Declassification Review. (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 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
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of declassification upon review. These records shall be
reviewed in accordance with the standards of this order, its
implementing directives, and declassification guides providedto
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.
Sec. 3.6. Mandatory Declassification Review. (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.
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(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.
Sec. 3.7. Processing Requests and Reviews. In responseto
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.
Sec. 3.8. Declassification Database. (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.
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Part 4 Safeguarding
Sec. 4.1. Definitions. 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.
Sec. 4.2. General Restrictions on Access. (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.
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(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, process, or store
classified information have controls that:
(1) prevent access by unauthorized persons; and
(2) ensure the integrity of the information.
(f) Consistent with law, directives, and regulation, each
agency head or senior agency official shall establish controls
to ensure that classified information is used, processed,
stored, reproduced, transmitted, and destroyed under conditions
that provide adequate protection and prevent access by
unauthorized persons.
(g) 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 United States "Confidential" information, including
allowing access to individuals with a need-to-know who have not
otherwise been cleared for access to classified information or
executed an approved nondisclosure agreement.
(h) Except as provided by statute or directives issued
pursuant to this order, classified information originating in
one agency may not be disseminated outside any other agency to
which it has been made available without the consent of the
originating agency. An agency head or senior agency official
may waive this requirement for specific information originated
within that agency. For purposes of this section, the
Department of Defense shall be considered one agency.
Sec. 4.3. Distribution Controls. (a) Each agency shall
establish controls over the distribution of classified
information to assure that it is distributed only to
organizations or individuals eligible for access who also have a
need-to-know the information.
(b) Each agency shall update, at least annually, the
automatic, routine, or recurring distribution of classified
information that they distribute. Recipients shall cooperate
fully with distributors who are updating distribution lists and
shall notify distributors whenever a relevant change in status
occurs.
Sec. 4.4. Special Access Programs. (a) Establishment of
special access programs. Unless otherwise authorized by the
President, only the Secretaries of State, Defense and Energy,
and the Director of Central Intelligence, or the principal
deputy of each, may create a special access program. For
special access programs pertaining to intelligence activities
(including special activities, but not including military
operational, strategic and tactical programs), or intelligence
sources or methods, this function will be exercised by the
Director of Central Intelligence. These officials shall keep
the number of these programs at an absolute minimum, and shall
establish them only upon a specific finding that:
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(1) the vulnerability of, or threat to, specific
information is exceptional; and
(2) the normal criteria for determining eligibility for
access applicable to information classified at the same
level are not deemed sufficient to protect the
information from unauthorized disclosure; or
(3) the program is required by statute.
(b) Requirements and Limitations. (1) Special access
programs shall be limited to programs in which the number of
persons who will have access ordinarily 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 5.6(c) 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 assigned to the Information
Security Oversight Office under this order. An agency
head may limit access to a special access program to the
Director 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 shall brief the Assistant
to the President for National Security Affairs, or his
or her designee, on any or all of the agency's special
access programs.
(c) Within 180 days after the effective date of this
order, each agency head or principal deputy shall review all
existing special access programs under the agency's
jurisdiction. These officials shall terminate any special
access programs that do not clearly meet the provisions of this
order. Each existing special access program that an agency head
or principal deputy validates shall be treated as if it were
established on the effective date of this order.
(d) Nothing in this order shall supersede any requirement
made by or under 10 U.S.C. 119.
Sec. 4.5. Access by Historical Researchers and Former
Presidential Appointees. (a) The requirement in section
4.2(a)(3) of this order that access to classified 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; or
(2) previously have occupied policy-making positions to
which they were appointed by the President.
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(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 national security;
(2) takes appropriate steps to protect classified
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 to items that the person originated,
reviewed, signed, or received while serving as a
Presidential appointee.
Part 5 Implementation And Review
Sec. 5.1. Definitions. For purposes of this order: (a)
"Self-inspection" means the internal review and evaluation of
individual agency activities and the agency as a whole with
respect to the implementation of the program established under
this order and its implementing directives.
(b) "Violation" means:
(1) any knowing, willful, or negligent action that
could reasonably be expected to result in an
unauthorized disclosure of classified information;
(2) any knowing, willful, or negligent action to
classify or continue the classification of information
contrary to the requirements of this order or its
implementing directives; or
(3) any knowing, willful, or negligent action to create
or continue a special access program contrary to the
requirements of this order.
(c) "Infraction" means any knowing, willful, or negligent
action contrary to the requirements of this order or its
implementing directives that does not comprise a "violation,"as
defined above.
Sec. 5.2. Program Direction. (a) The Director of the
Office of Management and Budget, in consultation with the
Assistant to the President for National Security Affairs and the
co-chairs of the Security Policy Board, shall issue such
directives as are necessary to implement this order. These
directives shall be binding upon the agencies. Directives
issued by the Director of the Office of Management and Budget
shall establish standards for:
(1) classification and marking principles;
(2) agency security education and training programs;
(3) agency self-inspection programs; and
(4) classification and declassification guides.
(b) The Director of the Office of Management and Budget
shall delegate the implementation and monitorship functions of
this program to the Director of the Information Security
Oversight Office.
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(c) The Security Policy Board, established by a
Presidential Decision Directive, shall make a recommendation to
the President through the Assistant to the President for
National Security Affairs with respect to the issuance of a
Presidential directive on safeguarding classified information.
The Presidential directive shall pertain to the handling,
storage, distribution, transmittal, and destruction of and
accounting for classified information.
Sec. 5.3. Information Security Oversight Office. (a)
There is established within the Office of Management and Budget
an Information Security Oversight Office. The Director of the
Office of Management and Budget shall appoint the Director of
the Information Security Oversight Office, subject to the
approval of the President.
(b) Under the direction of the Director of the Office of
Management and Budget acting in consultation with the Assistant
to the President for National Security Affairs, the Director of
the Information Security Oversight Office shall:
(1) develop directives for the implementation of this
order;
(2) oversee agency actions to ensure compliance with
this order and its implementing directives;
(3) review and approve agency implementing regulations
and agency guides for systematic declassification review
prior to their issuance by the agency;
(4) have the authority to conduct on-site reviews of
each agency's program established under this order, and
to require of each agency those reports, information,
and other cooperation that may be necessary to fulfill
its responsibilities. If granting access to specific
categories of classified information would pose an
exceptional national security risk, the affected agency
head or the senior agency official shall submit a
written justification recommending the denial of access
to the Director of the Office of Management and Budget
within 60 days of the request for access. Access shall
be denied pending a prompt decision by the Director of
the Office of Management and Budget, who shall consult
on this decision with the Assistant to the President for
National Security Affairs;
(5) review requests for original classification
authority from agencies or officials not granted
original classification authority and, if deemed
appropriate, recommend Presidential approval through the
Director of the Office of Management and Budget;
(6) consider and take action on complaints and
suggestions from persons within or outside the
Government with respect to the administration of the
program established under this order;
(7) have the authority to prescribe, after consultation
with affected agencies, standardization of forms or
procedures that will promote the implementation of the
program established under this order;
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(8) report at least annually to the President on the
implementation of this order; and
(9) convene and chair interagency meetings to discuss
matters pertaining to the program established by this
order.
Sec. 5.4. Interagency Security Classification Appeals
Panel. (a) Establishment and Administration.
(1) There is established an Interagency Security
Classification Appeals Panel ("Panel"). The Secretaries
of State and Defense, the Attorney General, the Director
of Central Intelligence, the Archivist of the United
States, and the Assistant to the President for National
Security Affairs shall each appoint a senior level
representative to serve as a member of the Panel. The
President shall select the Chair of the Panel from among
the Panel members.
(2) A vacancy on the Panel shall be filled as quickly
as possible as provided in paragraph (1), above.
(3) The Director of the Information Security Oversight
Office shall serve as the Executive Secretary. The
staff of the Information Security Oversight Office shall
provide program and administrative support for the
Panel.
(4) The members and staff of the Panel shall be
required to meet eligibility for access standards in
order to fulfill the Panel's functions.
(5) The Panel shall meet at the call of the Chair. The
Chair shall schedule meetings as may be necessary for
the Panel to fulfill its functions in a timely manner.
(6) The Information Security Oversight Office shall
include in its reports to the President a summary of the
Panel's activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed
classification challenges under section 1.9 of this
order;
(2) approve, deny, or amend agency exemptions from
automatic declassification as provided in section 3.4of
this order; and
(3) decide on appeals by persons or entities who have
filed requests for mandatory declassification review
under section 3.6 of this order.
(c) Rules and Procedures. The Panel shall issue bylaws,
which shall be published in the Federal Register no later than
120 days from the effective date of this order. The bylaws
shall establish the rules and procedures that the Panel will
follow in accepting, considering, and issuing decisions on
appeals. The rules and procedures of the Panel shall provide
that the Panel will consider appeals only on actions in which:
(1) the appellant has exhausted his or her administrative
remedies within the responsible agency; (2) there is no current
action pending on the issue within the federal courts; and (3)
the information has not been the subject of review by the
federal courts or the Panel within the past 2 years.
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(d) Agency heads will cooperate fully with the Panel so
that it can fulfill its functions in a timely and fully informed
manner. An agency head may appeal a decision of the Panel to
the President through the Assistant to the President for
National Security Affairs. The Panel will report to the
President through the Assistant to the President for National
Security Affairs any instance in which it believes that an
agency head is not cooperating fully with the Panel.
(e) The Appeals Panel is established for the sole purpose
of advising and assisting the President in the discharge of his
constitutional and discretionary authority to protect the
national security of the United States. Panel decisions are
committed to the discretion of the Panel, unless reversed by the
President.
Sec. 5.5. Information Security Policy Advisory Council.
(a) Establishment. There is established an Information
Security Policy Advisory Council ("Council"). The Council shall
be composed of seven members appointed by the President for
staggered terms not to exceed 4 years, from among persons who
have demonstrated interest and expertise in an area related to
the subject matter of this order and are not otherwise employees
of the Federal Government. The President shall appoint the
Council Chair from among the members. The Council shall comply
with the Federal Advisory Committee Act, as amended, 5 U.S.C.
App. 2.
(b) Functions. The Council shall:
(1) advise the President, the Assistant to the
President for National Security Affairs, the Directorof
the Office of Management and Budget, or such other
executive branch officials as it deems appropriate, on
policies established under this order or its
implementing directives, including recommended
changes to those policies;
(2) provide recommendations to agency heads for
specific subject areas for systematic declassification
review; and
(3) serve as a forum to discuss policy issues in
dispute.
(c) Meetings. The Council shall meet at least twice each
calendar year, and as determined by the Assistant to the
President for National Security Affairs or the Director of the
Office of Management and Budget.
(d) Administration.
(1) Each Council member may be compensated at a rate of
pay not to exceed the daily equivalent of the annual
rate of basic pay in effect for grade Gs-18 of the
general schedule under section 5376 of title 5, United
States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Council.
(2) While away from their homes or regular place of
business in the actual performance of the duties of the
Council, members may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized
by law for persons serving intermittently in the
Government service (5 U.S.C. 5703(b)).
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(3) To the extent permitted by law and subject to the
availability of funds, the Information Security
Oversight Office shall provide the Council with
administrative services, facilities, staff, and other
support services necessary for the performance of its
functions.
(4) Notwithstanding any other Executive order, the
functions of the President under the Federal
Advisory Committee Act, as amended, that are applicable
to the Council, except that of reporting to the
Congress, shall be performed by the Director of the
Information Security Oversight Office in accordance
with the guidelines and procedures established by the
General Services Administration.
Sec. 5.6. General Responsibilities. Heads of agencies
that originate or handle classified information shall: (a)
demonstrate personal commitment and commit senior management to
the successful implementation of the program established under
this order;
(b) commit necessary resources to the effective
implementation of the program established under this order; and
(c) designate a senior agency official to direct and
administer the program, whose responsibilities shall include:
(1) overseeing the agency's program established under
this order, provided, an agency head may designate a
separate official to oversee special access programs
authorized under this order. This official shall
provide a full accounting of the agency's special access
programs at least annually;
(2) promulgating implementing regulations, which shall
be published in the Federal Register to the extent that
they affect members of the public;
(3) establishing and maintaining security education and
training programs;
(4) establishing and maintaining an ongoing
self-inspection program, which shall include the
periodic review and assessment of the agency's
classified product;
(5) establishing procedures to prevent unnecessary
access to classified information, including procedures
that: (i) require that a need for access to
classified information is established before initiating
administrative clearance procedures; and (ii)
ensure that the number of persons granted access to
classified information is limited to the minimum
consistent with operational and security requirements
and needs;
(6) developing special contingency plans for the
safeguarding of classified information used in or near
hostile or potentially hostile areas;
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(7) assuring that the performance contract or other
system used to rate civilian or military personnel
performance includes the management of classified
information as a critical element or item to be
evaluated in the rating of: (i) original classification
authorities; (ii) security managers or security
specialists; and (iii) all other personnel whose duties
significantly involve the creation or handling of
classified information;
(8) accounting for the costs associated with the
implementation of this order, which shall be reportedto
the Director of the Information Security Oversight
Office for publication; and
(9) assigning in a prompt manner agency personnel to
respond to any request, appeal, challenge, complaint,or
suggestion arising out of this order that pertains to
classified information that originated in a componentof
the agency that no longer exists and for which there is
no clear successor in function.
Sec. 5.7. Sanctions. (a) If the Director of the
Information Security Oversight Office finds that a violation of
this order or its implementing directives may have occurred, the
Director shall make a report to the head of the agency or to the
senior agency official so that corrective steps, if
appropriate, may be taken.
(b) Officers and employees of the United States
Government, and its contractors, licensees, certificate holders,
and grantees shall be subject to appropriate sanctions if they
knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information
properly classified under this order or predecessor
orders;
(2) classify or continue the classification of
information in violation of this order or any
implementing directive;
(3) create or continue a special access program
contrary to the requirements of this order; or
(4) contravene any other provision of this order or its
implementing directives.
(c) Sanctions may include reprimand, suspension without
pay, removal, termination of classification authority, loss or
denial of access to classified information, or other sanctions
in accordance with applicable law and agency regulation.
(d) The agency head, senior agency official, or other
supervisory official shall, at a minimum, promptly remove the
classification authority of any individual who demonstrates
reckless disregard or a pattern of error in applying the
classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when
a violation or infraction under paragraph (b), above,
occurs; and
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(2) notify the Director of the Information Security
Oversight Office when a violation under paragraph
(b)(1), (2) or (3), above, occurs.
Part 6 General Provisions
Sec. 6.1. General Provisions. (a) Nothing in this order
shall supersede any requirement made by or under the Atomic
Energy Act of 1954, as amended, or the National Security Act of
1947, as amended. "Restricted Data" and "Formerly Restricted
Data" shall be handled, protected, classified, downgraded, and
declassified in conformity with the provisions of the Atomic
Energy Act of 1954, as amended, and regulations issued under
that Act.
(b) The Attorney General, upon request by the head of an
agency or the Director of the Information Security Oversight
Office, shall render an interpretation of this order with
respect to any question arising in the course of its
administration.
(c) Nothing in this order limits the protection afforded
any information by other provisions of law, including the
exemptions to the Freedom of Information Act, the Privacy Act,
and the National Security Act of 1947, as amended. This order
is not intended, and should not be construed, to create any
right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its
officers, or its employees. The foregoing is in addition to the
specific provisos set forth in sections 1.2(b), 3.2(b) and
5.4(e) of this order.
(d) Executive Order No. 12356 of April 6, 1982, is revoked
as of the effective date of this order.
Sec. 6.2. Effective Date. This order shall become
effective 180 days from the date of this order.
William J. Clinton
The White House,
April 17, 1995.
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