EO 12958 AMENDED PDF

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The Public Inspection page on FederalRegister. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency.

The President of the United States manages the operations of the Executive branch of Government through Executive orders. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations.

The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Each document posted on the site includes a link to the corresponding official PDF file on govinfo. This prototype edition of the daily Federal Register on FederalRegister.

For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives. While every effort has been made to ensure that the material on FederalRegister. This tables of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents.

This repetition of headings to form internal navigation links has no substantive legal effect. These tools are designed to help you understand the official document better and aid in comparing the online edition to the print edition. These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents.

These can be useful for better understanding how a document is structured but are not part of the published document itself. More information and documentation can be found in our developer tools pages. This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further amend Executive Order , as amended, it is hereby ordered that Executive Order is amended to read as follows:.

This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. 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 defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations.

Protecting information critical to our Nation's security remains a priority. Classification Standards. Classification Levels. Classification Authority. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. Each delegation shall identify the official by name or position title.

Such training must include instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who 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.

Start Printed Page Classification Categories. Information shall not be considered for classification unless it concerns:. Duration of Classification. Upon reaching the date or event, the information shall be automatically declassified. The date or event shall not exceed the time frame established in paragraph b of this section. All information classified under this section shall be subject to section 3.

Identification and Markings. 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. The Director shall revoke any waiver upon a finding of abuse.

Foreign government information retaining its original classification markings need not be assigned a U. 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.

Classification Prohibitions and Limitations. Classification Challenges. These procedures shall ensure that:. Use of Derivative Classification. For information derivatively classified based on multiple sources, the derivative classifier shall carry forward:. Classification Guides. These guides shall conform to standards contained in directives issued under this order. Authority for Declassification. 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 the national security that might reasonably be expected from disclosure. This provision does not:. 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. Transferred Records. Such records 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 records. However, the Archivist may require that classified records be accessioned into the National Archives when necessary to comply with the provisions of the Federal Records Act.

This provision does not apply to records being transferred to the Archivist pursuant to section of title 44, United States Code, or records for which the National Archives serves as the custodian of the records of an agency or organization that has gone out of existence. Automatic Declassification. Subsequently, all classified records shall be automatically declassified on December 31 of the year Start Printed Page that is 25 years from the date of its original classification, except as provided in paragraphs b - e of this section.

The notification shall include:. 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. File series exemptions previously approved by the President shall remain valid without any additional agency action. 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. Systematic Declassification Review. This program shall apply to records of permanent historical value exempted from automatic declassification under section 3. Agencies Start Printed Page shall prioritize the systematic review of records based upon the degree of researcher interest and the likelihood of declassification upon review.

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 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 ensure that agencies provide the Archivist with adequate and current declassification guides. Mandatory Declassification Review. 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. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents under the control of the Archivist pursuant to sections , , note, or 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 Panel. They shall release this information unless withholding is otherwise authorized and warranted under applicable law. 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 Panel. Processing Requests and Reviews. In response to a request for information under the Freedom of Information Act, the Privacy Act of , or the mandatory review provisions of this order, or pursuant to the automatic declassification or systematic review provisions of this order:.

In cases in which the originating agency determines in writing that a response under paragraph a of this section is required, the referring agency shall respond to the requester in accordance with that paragraph. Declassification Database. General Restrictions on Access. 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.

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. Prior consent is not required when referring records for declassification review that contain information originating in several agencies. Distribution Controls.

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FOIA Update: Executive Order 12,958--Classified National Security Information

Federal government websites often end in. The site is secure. The following is the text of Executive Order No. This executive order was issued by President Clinton on April 17, , and will take effect on October 14,

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