EXECUTIVE ORDER NO. 12958 CLASSIFIED NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10C02232R000100190001-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 22, 2016
• Document Release Date: May 5, 2011
• Sequence Number: 1
• Publication Date: April 17, 1995
• Content Type: REGULATION

activities that the IOB
or Presidential direc-
concerning intelligence
ary to Executive order
iithin the Intelligence
ivities;
tors General and Gen-
ig and reporting intel-
?cutive order or Presi-
,port to the President
and take appropriate
ntral Intelligence, the
Ice Community. With
IOB shall advise and
Intelligence, the Cen-
.ommunity.
elligence Community,
information that the
)rs General and Gen-
rmitted by law, shall
to time as necessary
ive reason to believe
directive.
'mbers of the PFIAB
rity protection in ac-
of the PFIAB, each
nts shall execute an
y virtue of his or her
ons as the President
'nsation but may re-
orized by law. Staff
as authorized by the
s amended, and Ex-
voked.
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J
EXECUTIVE ORDER NO. 12958 CLASSIFIED NATIONAL SECURITY
INFORMATION
(April 17, 1995, 76 F.R. 19825)
This order prescribes a uniform system for classifying, safeguarding, and declas-
sifying national security information. Our democratic principles require that the
American people be informed of the activities of their Government. Also, our Na-
tion's progress depends on the free flow of information. Nevertheless, throughout
our history, the national interest has required that certain information be main-
tained 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 con-
front. 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 Constitu-
tion and the laws of the United States of America, it is hereby ordered as follows:
PART 1-ORIGINAL CLASSIFICATION
Section I.I. 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 documen-
tary 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. "Con-
trol" 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 prede-
cessor 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 gov-
ernment or governments, an international organization of governments, or any
element thereof, with the expectation that the information, the source of the in-
formation, 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 inter-
national 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 re-
quires, in the interest of national security, protection against unauthorized disclo-
sure.
(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 pnvstcal transfer
classified information to an unauthorized recipient.
(i) "Agency" means any "Executive agency," as defined in 5 I .S.C. 105, and -;%
other entity within the executive branch that comes into the possession of classified
information.
(j) "Senior agency official" means the official designa.od 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.
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EXECUTIVE ORDER NO. 12958 166
(k) "Confidential source" means any individual or organization that has pro-
vided, 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.
(I) "Damage to the national security" means harm to the national defense or for-
eign 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 iden-
tify or describe the damage.
(b) If there is significant doubt about the need to classify information, it shell
not be classified. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classifica-
tion; 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 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 se-
curity that the original classification authority is able to identify or describe.
(3) "Confidential" shall be applied to information, the unauthorized disclo-
sure of which reasonably could be expected to cause damage to the national se-
curity 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 authority to classify information origi-
nally 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 pursuat to
paragraph (c), below.
(b) Officials authorized to classify information at a specified level are also au-
thorized 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 con-
tinuing 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 dele-
gated only by the President; an agency head or official designated pursuant t"
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.
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(d) Original clas
Lion as provided in t)
(e) Exceptional c
or grantee of an ag,
nates information be
shall be protected in
rectives. The inforn
order or its impleme
ter interest and class
cv shall decide withi
which agency has cl
to the Director of th,
termine the agency
mation, with appropi
mination.
Sec. 1.5. C'lussili
Information may
a) military plan:
b) foreign goven
c) intelligence
mrthods, or cryptol.>g
Ad) foreign relat)
fidvntial sources;
,e) scientfic. tecl
rite;
(f) United States
facilities; or
(g) vulnerabilities
lating to the national
Sec. 1.6. Duratic
rit;i.nal classification
for declassification h:
the information. The
ib), below.
(b) If the origina
date or event for dec
10 years from the dat
below.
(c) An original cla
or reclassify specific i
time if such action i
under this order. Th)e
that are more than 2.
torical value under tit)
(d) At the time of
exempt from declassif:
disclosure of which co
security for a period
release of which could
(1) reveal an i
or activity;
(2) reveal info
ons of mass destru
(3) reveal inf(
nology within a Ur
(4) reveal Uni
paredness plans;
15, reveal fore
6 damage re
r' yea'. a con`iden'
sire reasonably ex-
paragraph : h
r.
nn,1 r th
proteci ti? Yresw,
tectior, ser: ices. in
(8i violate a statut,
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nization that has pro-
rmation to the United
to expectation that the
ce.
'iational defense or for-
-closure of information,
a.
be originally classified
ions are met:
ie information:
)r is under the control
:egories of information
.hat the unauthorized
d to result in damage
.hority is able to iden-
information, it shall
cedures for classifica-
to judicial review.
atically as a result of
assified at one of the
tauthorized disclosure
ally grave damage to
ity is able to identify
thorized disclosure of
ge to the national se-
identify or describe.
unauthorized disclo-
se to the national se-
identify or describe.
'ms shall be used to
ident in the Federal
authority pursuat to
td level are also au-
II be limited to the
are responsible for
ionstrable and con-
e delegated only by
rsuant to paragraph
hority may be dele-
gnated pursuant to
led that official has
by the agency head.
shall be in writing
ided in this order.
t title.
767 EXECUTIVE ORDER NO. 12958
(d) Original classification authorities must receive training in original classifica-
tion 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 origi-
nates information believed by that person to require classification, the information
shall be protected in a manner consistent with this order and its implementing di-
rectives. The information shall he transmitted promptly as provided under this
order or its implementing directives to the agency that has appropriate subject mat-
ter interest and classification authority with respect to this information. That agen-
cy 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 Of ii..e. The Director shall de-
termine the agency having primary subject matter interest and forward the infor-
mation, with appropriate recommendations, to that agency for a classification deter-
mination-%
Sec. 1.5. Classification Categorie;?.
Information may not be considered for classification unless it concerns
,ar military plans, weapons systems, or operations;
tb) 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 con-
fidential sources;
(e) scientific, technological, or economic matters relating to the national secu-
rity;
(f) United States Government programs for safeguarding nuclear materials or
facilities: or
(g) vulnerabilities or capabilities of systems, installations, projects or plans re-
lating to the national security.
Sec. 1.6. Duration o/'( lassifcation. (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 class'-fication 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 his-
torical value under title 44, United States Code.
(d) At the time of original classification, the on inai 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 weap-
ons of mass destruction:
(3) reveal information that would impair the development or use ',f tech-
nology within a United States weapons system
(4 reveal United States military plans. or national securitc -nergency pr-
paredne ss plane
5, recess foreign government infortnatwn:
h damage relations between the United Stares i i ! d a t,'e: cc:anw!,. t:n r,oeal a confidential source, or seriously undermine diplomatic activ:tiu-s that
are reasonably expected to he 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 pro-
tection services, in the interest of national security, are authorized; or
(8) violate a statute, treaty, or international agreement.
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EXECUTIVE ORDER NO. 12958 168
te) Information marked for an indefinite duration of classification under prede-
cessor orders, for example, "Originating Agency's Determination Required," or infor-
mation classified under predecessor orders that contains no declassification instruc-
tions 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 ap-
plied 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 sec-%
tion 1.6(d); and
(5) a concise reason for classification which, at a minimum. cites the appli-
cable 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 ex-
empt 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 mark-
ings 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 in-
formation shall coordinate with an appropriate classification authority for the appli-
cation of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified ad-
dendum whenever classified information constitutes a small portion of an otherwise
unclassified document.
Sec. 1.8. Classification Prohibitions and Limitations. (a) In no case shall infor-
mation 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 protec-
tion in the interest of national security.
(b) Basic scientific research information not clearly related to the national secu-
rity may not be classified.
(c) Information may not be reclassified after it has been declassified and re-
leased to the public under proper authority.
(d) Information that has not previously been disclosed to the public under prop-
er 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 di-
rection of the agency head, the deputy agency head, or the senior agency official des-
ignated 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 de-
termined to have permanent historical value under title 44, United States Code.
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(e) Compilations of ite:
be classified if the compil
tionship that:
(1) meets the stan
(2) is not otherwis
As used in this order, "col
feed items of information.
Sec. 1.9. Classificatio
in good faith, believe that
expected to challenge the
agency procedures establis
(b) In accordance wit
an agency head or senior
thorized holders of inform
fication of information ti
These procedures shall as:
(1) individuals art
(2) an opportunit
and
(3) individuals ar
Interagency Security
this order.
PART 2-DERIVATIVE
Sec. 2.1. Definitions.
means the incorporating,
mation that is already cl
sistent with the classi'
tion.Derivative classificat.
sification guidance. The d
is not derivative classifica
(b) "Classification gui
classification of specific it
(c) "Classification gu
issued by an original clas
tion regarding a specific s
duration of classification
(d) "Source document
formation that is incorpoi
a new document.
(e) "Multiple source
guides, or a combination
Sec. 2.2. Use of Der,
tract, or summarize class
derived from source mats
sess original classification
(b) Persons who app1;
(1) observe and r
(2) carry forwan
tion markings. For it
the derivative classif
(A) the date
period of classifit
(B) a listing
copy.
Sec. 2.3. Classificati
ity shall prepare classific
classification of informat
directives issued under tl
(b) Each guide shall
(1) has program
senior agency official
(2) is authorize(,
classification prescri'
(c) Agencies shall e:
reviewed and updated as
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classification under prede-
nation Required," or infor-
no declassification instruc-
order.
e of original classification,
document, or shall be ap-
n section 1.3 of this order;
nd position, of the original
evident;
ate one of the following:
)rescribed in section 1.6(a)
f original classification, as
tion, as prescribed in sec-
minimum, cites the appli-
er.
above, may be excluded if
ier means, indicate which
vel, which portions are ex-
~r, and which portions are
irectives issued under this
Office may grant waivers
information. The Director
?r, including abbreviations
rs, shall conform to the
rsuant to this order.
iginal classification mark-
les a degree of protection
.irnished the information.
this or predecessor orders
tion despite the omission
is used in the derivative
ration, holders of such in-
m authority for the appli-
cable, use a classified ad-
11 portion of an otherwise
strative error;
in, or agency;
t does not require protec-
ated to the national secu-
)een declassified and re-
to the public under prop-
:y has received a request
.2) or the Privacy Act of
f section 3.6 of this order
rder and is accomplished
:ipation or under the di-
;enior agency official des-
?s not apply to classified
rs old and have been de-
United States Code.
(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.
(e) Compilations of items of information which are individually unclassified may
be classified if the compiled information reveals an additional association or rela-
tionship 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 unclassi-
fied items of information.
Sec. 1.9. Classification Challenges. (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 au-
thorized holders of information are encouraged and expected to challenge the classi-
fication 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
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 infor-
mation that is already classified, and marking the newly developed material con-
sistent with the classification markings that apply to the source informa-
tion.Derivative classification includes the classification of information based on clas-
sification 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 informa-
tion 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 in-
formation 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, ex-
tract, or summarize classified information, or who only apply classification markings
derived from source material or as directed by a classification guide, need not pos-
sess 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 classifica-
tion 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 author-
ity 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.
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EXECUTIVE ORDER NO. 12958 710
PART 3-DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. DEFINITIONS. For purposes of this order: (ai "Declassification" means
the authorized change in the status of information from classified information to un
classified 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, it 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 rev icy for -eclassoficat;on
classified information in response to a request for declassification that meets the re
quirements 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 Archi-
vist of the United States ("Archivist") to have permanent historical va'ue in accord-
ance with chapter 33 of title 44, United States Code.
(f) "Declassification guide" means written instructions issued by a Declassifica-
tion 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 for 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 re-
quirements under this order requires continued protection. In some exceptional
cases, however, the need to protect such information may be outweighed by the pub-
lic 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 na-
tional security that might reasonably be expected from disclosure. This provision
does not:
(1) amplify or modify the substantive criteria or procedures for classifica-
tion; 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 in-
formation to be declassified by the agency that originated the classification. Any
such decision by the Director may be appealed to the President through the Assist-
ant 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 au-
thority 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 pur-
poses of this order.
(b, In the case of classified information that is not officially transferred as de-
scribed 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 b, the agency in posses-
Approved For Release 2011/05/05: CIA-RDP10002232R000100190001-9
sion after consultation wit
matter of the information.
(c) Classified informati
Administration ("National
declassified or downgraded
tives issued pursuant to th
procedural agreement betw,
(d) The originating age
information contained in rE
fore they are accessioned i
require that records conta
tional Archives when neces
Act. This provision does nc
pursuant to section 2203 c
the National Archives and
records of an agency or org
(e) To the extent pract
ment that will facilitate thi
are declassified pursuant t
1.6 and 3.4 of this order.
Sec. 3.4. Automatic Dc
5 years from the date of t
that (1) are more than 25
nent historical value under
classified whether or not t
Pied information in such rc
25 years from the date of i
(b), below.
(b) An agency head n
graph (a), above, specific i
(1) reveal the iden
about the application i
of a human intelligent
would clearly and den
United States;
(2) reveal informal
ons of mass destructioi
(3) reveal informa,
ties;
(4) reveal informa
technology within a U.
(5) reveal actual U
(6) reveal informa
tions between the Uni'
monstrably undermine
(7) reveal informa
rent ability of United
President, and other o
tional securit , are aut
(8) reveal informa
rent national security
(9) violate a status
(c) No later than the
the President through the
of any specific file series of
that the information with
more of the exemption cats
cy proposes to exempt fron
(1) a description o
(2) an explanatiot
invariably exempt frc
must remain classified
(3) except for the
ligence source, as pro,
declassification of' the
not to exempt the flit
at an earlier date thar
 Approved For Release 2011/05/05: CIA-RDP1OC02232ROO0100190001-9
GRADING
order: (a) "Declassification" means
n from classified information to un-
eclassification of information based
-vent as determined by the original
frame for duration of classification
,nal classification, if that official is
unction,
uthoritv in writing by the agency
ns the review for declassification of
r declassification that meets the re-
ns the review for ' eclassification of
rave been determined by the Archi-
-rmar.ent historical value in accord-
)de.
istructions issued by a deciassifica-
rmation regarding a specific subject
rust remain classified.
by a declassification authority that
mfied level shall be classified and
if, regardless of its physical form or
with a filing system or maintained
or activity.
infornatio'I shall be declassified as
;ification under this order.
tinues to meet the classification re-
~d protection. In some exceptional
tion may be outweighed by the pub-
nd in these cases the information
rise, they shall be referred to the
fficial will determine, as an exercise
iosure outweighs the damage to na-
ted from disclosure. This provision
criteria or procedures for classifica-
rights subject to judicial review.
ty O. ersight Office determines that
r, the Director may require the in-
t originated the classification. Any
,o the President through the Assist-
airs. The information shall remain
al.
apply to agencies that, under the
ication authority, but had such au-
the case of classified information
actions, and not merely for storage
.o be the originating agency for pur-
t is not officially transferred as de-
.ated in an agency that has ceased
cncy, each agency in possession of
inating agency for purposes of this
owngraded by the agency in posses-
sion 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 direc-
tives 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 be-
fore they are accessioned into the National Archives. However, the Archivist may
require that records containing classified information be accessioned into the Na-
tional 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 manage-
ment 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 perma-
nent historical value under title 44, United States Code, shall be automatically de-
classified whether or not the records have been reviewed. Subsequently, all classi-
fied 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 para-
graph (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 weap-
ons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or activi-
ties;
(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 rela-
tions between the United States and a foreign government, or seriously and de-
monstrably undermine ongoing diplomatic activities of the United States;
(7) reveal information that would clearly and demonstrably impair the cur-
rent ability of United States Government officials to protect the President, Vice
President, and other officials for whom protection services, in the interest of na-
tional security, are authorized;
(8) reveal information that would seriously and demonstrably impair cur-
rent 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 (k.), above, and which the agen-
cy 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 intel-
ligence 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.
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 Approved For Release 2011/05/05: CIA-RDP10002232R000100190001-9
EXECUTIVE ORDER NO. 12958 112
(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 In-
formation Security Oversight Office, serving as Executive Secretary of the Inter-
agency 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 in-
clude:
(1) a description of the information;
(2) an explanation of why the information is exempt from automatic declas-
sification and must remain classified for a longer period of time; and
(3) except for the identity of a confidential human source or a human intel-
ligence 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 ex-
empt 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 As-
sistant to the President for National Security Affairs. The information will re-
main 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 Of-
fice 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 provi-
sions of this order.
(g) The Secretary of State shall determine when the united States should com-
mence negotiations with the appropriate officials of a foreign government or inter-
national organization of governments to modify any treaty or international agree-
ment 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 origi-
nated 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 sec-
tion 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 pro-
gram 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 Na-
tional 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 Coun-
cil; 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 Archi-
vist by each agency that originated the records. The Director of the Information Se-
curity Oversight Office shall assure that agencies provide the Archivist with ade-
quate and current declassification guides.
c: After consultation with affected agencies. the Secretary of Defense may es-
tablish special procedures for systematic review for declassification of classified
cryptologic information, and the Director of Central Intelligence may establish spe-
cial procedures for systematic review for declassification of classified information
pertaining to intelligence activities (including special activities), or intelligence
sources or methods.
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Sec. 3.6. Mar
graph (b), below,
shall be subject to
(1) the re(
the informatic
a reasonable a
(2) the int
tral Intelligen
(3) the in
past 2 years.
years, or the
inform the reo
(b) Informatio
(1) the inc
(2) the inc
(3) commi
dent; or
(4) other
vise and assi:
paragraph (a).
downgrade, ai
of the Archivi,
United States
for consultatic
be consistent
pertain to the
subject matte
Any final dec
agency to the
Lion shall rem
(c) Agencies c?
information that i
They shall release
warranted under
(d) In accords
shall develop proc
information. Thes
predecessor order,
a denial of a man(
to appeal a final
Panel.
(e) After consi
velop special proc
Central Intelligen
pertaining to into
sources or methoc
view of informatio
Sec. 3.7. Proc
tion under the Fri
tory review provit
or systematic revii
(a) An a enc3
requested informs
classified under tb
(b) When an <
tain information t
such documents it
provisions of this
ments to the origi
originating agency
itself classified um
mines in writing t
ring agency shall i
Sec. 3.8. Dec
Director of the Ini
nate classified inf
 Approved For Release 2011/05/05: CIA-RDP10002232R000100190001-9
2958 712
matically declassified under this
all notify the Director of the In-
cecutive Secretary of the Inter-
iny specific information beyond
r paragraph (c), above, that the
,cation. The notification shall in-
s exempt from automatic declas-
r periud of time; and
human source or a human intel-
)ove, a specific date or event for
nay direct the agency not to ex-
earlier date than recommended.
o the President through the As-
Affairs. The information will re-
?der, the agency head or senior
ormation Security Oversight Of-
nts of this section, including the
an shall include the requirement
e records affected by this section
order, and similar commitments
Dmatic declassification.
classification under this section
itic declassification review provi-
m the United States should com-
)f a foreign government or inter-
iy treaty or international agree-
contained in records affected by
.i the date of its creation, unless
information that may otherwise
I.
(a) Each agency that has origi-
predecessors shall establish and
-eview. This program shall apply
)matic declassification under sec-
he systematic review of records
security Policy Advisory Council,
!c fic subject areas for systematic
the likelihood of declassification
matic declassification review pro-
o the National Archives as of the
rred to the Archivist pursuant to
3) information for which the Na-
s as the custodian of the records
of existence. This program shall
; from the date of their creation.
st.ematic review of these records
in Security Policy Advisory Coun-
ikelihood of declassification upon
lance with the standards of this
tion guides provided to the Archi-
ie Director of the Information Se-
i provide the Archivist with ade-
the Secretary of Defense may es-
for declassification of classified
al Intelligence may establish spe-
ification of classified information
;pecial activities), or intelligence
113 EXECUTIVE ORDER NO. 12958
Sec. 3.6. Mandatory Declassification Review. (a) Except as provided in para-
graph (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 Cen-
tral 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;
mbent President's White House Staff;
i
2) th
ncu
(
e
(3) committees, commissions, or boards appointed by the incumbent Presi-
dent; or
(4) other entities within the Executive Office of the President that solely ad-
vise 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 informa-
tion 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 de-
velop 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 re-
view of information accessioned into the National Archives.
Sec. 3.7. Processing Requests and Reviews. In response to a request for informa-
tion under the Freedom of Information Act, the Privacy Act of 1974, or the manda-
tory 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 con-
tain 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 docu-
ments 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 deter-
mines in writing that a response under paragraph (a), above, is required, the refer-
ring 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 origi-
nate classified information, shall establish a Governmentwide database of informa-
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EXECUTIVE ORDER NO. 12958 114
tion 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 infor-
mation contained within the database established under paragraph (a), above, shall
be available to the public.
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 in-
formation.
(c) "Need-to-know" means a determination made by an authorized holder of
classified information that a prospective recipient requires access to specific classi-
fied information in order to perform or assist in a lawful and authorized govern-
mental function.
(d) "Automated information system" means an assembly of computer hardware,
software, or firmware configured to collect, create, communicate, compute, dissemi-
nate, 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 de-
stroyed.
(f) "Network" means a system of two or more computers that can exchange data
or information.
(g) "Telecommunications" means the preparation, transmission, or communica-
tion 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 ex-
ceed those normally required for information at the same classification level.
Sec. 4.2. General Restrictions on Access. (a) A person may have access to classi-
fied 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 origi-
nally classified by another agency without its authorization. An official or employee
leaving agency service may not remove classified information from the agency s con-
trol.
(c) Classified information may not be removed from official premises without
proper authorization.
(d) Persons authorized to disseminate classified information outside the execu-
tive 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 informa-
tion systems, including networks and telecommunications systems, that collect, cre-
ate, 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 pro-
vide 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, includ-
ing 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 ii
originating agency. An agenc;
ment for specific information
tion, the Department of Defer
Sec. 4.3. Distribution Co
distribution of classified infor
tions or individuals eligible
tion.
(b) Each agency shall uF
curring distribution of classi
cooperate fully with distribut
distributors whenever a relev
Sec. 4.4. Special Access I
Unless otherwise authorized
and Energy, and the Direct,
each, may create a special a,
to intelligence activities (inch
ational, strategic and tactics
function will be exercised b?
shall keep the number of the
lish them only upon a specify(
(1) the vulnerability
(2) the normal criten
formation classified at tl
information from unauth'
(3) the program is re
(b) Requirements and Lid
(1) Special access pry
ber of persons who will h
mensurate with the obje
tion involved.
(2) Each agency hea
for special access progra
order.
(3) Special access pr(
lished under section 5.6((
tion Security Oversight (
cordance with the securi
the functions assigned t(
order. An agency head n
rector and no more than
sight Office; or, for spec
and vulnerable, to the Di
(4) The agency head
access program to deterr
this order.
(5) Upon request, at
National Security Affain
special access programs.
(c) Within 180 days afte
principal deputy shall review
jurisdiction. These officials s1
clearly meet the provisions o
an agency head or principal
lished on the effective date of
(d) Nothing in this orde
10 U.S.C. 119.
Sec. 4.5. Access by Hist(
(a) The requirement in sectih
mation may be granted only '
may be waived for persons w
(1) are engaged in hi
(2) previously have c
pointed by the President.
(b) Waivers under this s(
agency official of the originat
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 Approved For Release 2011/05/05: CIA-RDP1OC02232ROO0100190001-9
in these efforts.
w, all declassified infor-
ragraph (a), above, shall
"Safeguarding" means
'd information.
owledge of classified in-
in authorized holder of
access to specific classi-
and authorized govern-
shed for a specific class
ss requirements that ex-
Lssification level.
ay have access to classi-
is has been made by an
' agreement; and
ntrol of the originating
sclose information origi-
. An official or employee
n from the agency s con-
ation outside the execu-
in a manner equivalent
agency head or senior
that automated informa-
ystems, that collect, cre-
e classified information
agency head or senior
ied information is used,
der conditions that pro-
f persons.
order. an agency shall
that provide a degree of
rnment or international
ion. When adequate to
e than the safeguarding
ial" information, includ-
have not otherwise been
approved nondisclosure
pursuant to this order,
5e disseminated outside
,
function will be exercised by the Director of Central Intelligence. These officials
to intelligence activities (including special activities, but not including military oper-
ational, strategic and tactical programs), or intelligence sources or methods
this
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 require-
ment for specific information originated within that agency. For purposes of this sec-
tion, 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 organiza-
tions or individuals eligible for access who also have a need-to-know the informa-
tion.
(b) Each agency shall update, at least annually, the automatic, routine, or re-
curring 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
(1) the vulnerability of, or threat to, specific information is exceptional; and
(2) the normal criteria for determining eligibility for access applicable to in-
formation 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 num-
ber of persons who will have access ordinarily will be reasonably small and com-
mensurate with the objective of providing enhanced protection for the informa-
tion 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 estab-
lished under section 5.6(c) of this order. In addition, the Director of the Informa-
tion Security Oversight Office shall be afforded access to these programs, in ac-
cordance 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 Di-
rector and no more than one other employee of the Information Security Over-
sight 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 estab-
lished 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(aX3) of this order that access to classified infor-
mation 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 ap-
(b) Waivers under this section may be granted only it the ency jt(ad of senior
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EXECUTIVE ORDER NO. 12958 76
(1) etermine4 in writing that access is consistent with the interest of na-
l
tiona
(2 es a ro riate ste s protect classified informat from unauthor-
ized disc ure or compromise, an ensures e i ormation is safeguarded
in a manner consis en wit 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 Presi-
dential 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 !ender 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 clas-
sification of information contrary to the requirements of this order or its imple-
menting 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 Af-
fairs 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 im-
plementation and monitorship functions of this program to the Director of the Infor-
mation Security Oversight Office.
(c) The Security Policy Board, established by a Presidential Decision Directive,
shall make a recommendation to the President through the Assistant to the Presi-
dent for National Security Affairs with respect to the issuance of a Presidential di-
rective on safeguarding classified information. The Presidential directive shall per-
tain to the handling, storage, distribution, transmittal, and destruction of and ac-
counting 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 Af-
fairs, 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 im-
plementing 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, infor-
mation, and other cooperation that may be necessary to fulfill its responsibil-
ities. If granting access to specific categories of classified information would
pose an exceptional national security risk, the affected agency head or the sen-
ior agency official shall submit a written justification recommending the denial
of access to the Director ofthe 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;
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(5) review requests for on
cials not granted original cla
recommend Presidential apprc
ment and Budget;
(6) consider and take act
within or outside the Governn
gram established under this oa
(7) have the authority to
cies, standardization of forms
tion of the program establishe
(8) report at least annual
order; and
(9) convene and chair ini
to the program established by
Sec. 5.4. Interagency Securit
and Administration.
(1) There is established
Panel ("Panel"). The Secretari
Director of Central Intelligent
sistant to the President for N,
level representative to serve <
lect the Chair of the Panel fro
(2) A vacancy on the Pan(
in paragraph (1), above.
(3) The Director of the In
the Executive Secretary. The
shall provide program and ad:
(4) The members and sta
for access standards in order
(5) The Panel shall meet
meetings as may be necessar
manner.
(6) The Information Secu
the President a summary of tl
(b) Functions. The Panel shall
(1) decide on appeals by
under section 1.9 of this order
(2) approve, deny, or ame
tion as provided in section 3.4
(3) decide on appeals by
mandatory declassification re,
(c) Rules and Procedures. T1
lished in the Federal Register no
order. The bylaws shall establish
in accepting, considering, and is:
dures of the Panel shall provide t)
in which:
(1) the appellant has exl
the responsible agency;
(2) there is no current aci
and
(3) the information has n
or the Panel within the past .
(d) Agency heads will cooper
functions in a timely and fully in
cision of the Panel to the Presidh
tional Security Affairs.The Panel
to the President for National Sec,
an agency head is not cooperating
(e) The Appeals Panel is esta
ing the President in the discharg
to protect the national security of
to the discretion of the Panel, unl'
Sec. 5.5. Information Securit
is established an Information S
Council shall be composed of se'
gered terms not to exceed 4 year:
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NO. 12958 716
is consistent with the interest of na-
classified information from unauthor-
~s that the information is safeguarded
A
r Presidential appointees to items that
or received while serving as a Presi-
EW
order: (a) "Self-inspection" means the
agency activities and the agency as a
f the program established under this
Lion that could reasonably be expected
sified information;
action to classify or continue the clas-
-equirements of this order or its imple-
t action to create or continue a special
ants of this order.
ful, or negligent action contrary to the
ng directives that does not comprise a
?ector of the Office of Management and
the President for National Security Af-
y Board, shall issue such directives as
;e directives shall be binding upon the
f the Office of Management and Budget
pies;
atoning programs;
and
guides.
ment and Budget shall delegate the im-
iis program to the Director of the Infor-
ed by a Presidential Decision Directive,
ent through the Assistant to the Presi-
ect to the issuance of a Presidential di-
in. The Presidential directive shall per-
transmittal, and destruction of and ac-
t Office. (a) There is established within
formation Security Oversight Office. The
3udget shall appoint the Director of the
ct to the approval of the President.
if the Office of Management and Budget
the President for National Security Af-
ty Oversight Office shall:
nentation of this order;
e compliance with this order and its im-
lementing regulations and agency guides
?ior to their issuance by the agency;
in-site reviews of each agency's program
luire of each agency those reports, infor-
iy be necessary to fulfill its responsibil-
tegories of classified information would
isk, the affected agency head or the sen-
m justification recommending the denial
Management and Budget within 60 days
be denied pending a prompt decision by
nt and Budget, who shall consult on this
dent for National Security Affairs;
717 EXECUTIVE ORDER NO. 12958
(5) review requests for original classification authority from agencies or offi-
of the OfficeaofM appropriate,
cials
d Presidential approval through the Director d deemed
recommend
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 pro-
gram established under this order;
(7) have the authority to prescribe, after consultation with affected agen-
cies, standardization of forms or procedures that will promote the implementa-
tion of the program established under this order;
(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 As-
sistant 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 se-
lect 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 declassifica-
tion as provided in section 3.4 of 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 pub-
lished 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
proce-
dures the Panel considering,
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.
(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 de-
cision of the Panel to the President through the Assistant to the President for Na-
tional 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 assist-
ing 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 stag-
gered terms not to exceed 4 years, from among persons who have demonstrated in-
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 Approved For Release 2011/05/05: CIA-RDP10002232R000100190001-9
.
178
serest 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 Fed-
eral Advisory Committee Act, as amended, 5 U.S.C.A PPoint
(b) Functions. The Council shall: pp. 2.
(1) advise the President, the Assistant to the President for National Secu-
rity Affairs, the Director of the Office of Management and Budget, or such other
executive branch officials as it deems appropriate, on
this order or its implementing directives, including recommendedlchang sdto
those policies;
(2) Provide recommendations to agency heads for specific subject areas for
systematic declassification review; and a
forum (c) Mserveetingse as The C unciloshallumeet fat leastetwice 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 ex-
ceed the daily equivalent of the annual rate of basic pay in effect for
18
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 grade m GS-
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 ex-
penses, including per diem in lieu of subsistence, as authorized by law for per-
sons serving intermittently in the Government service (5 U.S.C. 5703(b)).
(3) To the extent permitted by law and subject to the availability of funds,
the Information Security Oversight Office shall provide the Council with admin-
istrative services, facilities, staff, and other support services necessary for the
performance of its functions.
(4) Notwithstanding any other Executive order, the functions of the Presi-
dent under the Federal Advisory Committee Act, as amended, that are applica-
ble to the Council, except that of rerting to gr
by the Director of the Information Security Oversight Office in accordance with
tionthe. guidelines and procedures established by the Genera] Services Administra-
Sec. 5.6. General Responsibilities. Heads of agencies that originate or handle
classified information shall: (a) demonstrate personal commitment and commit sen-
ior 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 res
(1) overseeing the agency's program establishedsu der thisu order, provided,
an agency head may designate a separate official to ove special programsauthorized under this order. This o rsee official shall access
ing of the agency's special access programs at least annually-vide a full account-
(2) promulgating implementing regulations, which shall be published in the
Federal Register to the extent that they affecurity ct members educationof the public;
(3) establishing and maintaining se and training (4) establishing and maintaining an ongoing self-ins roam, which
shall include the self-inspection programs;
uct; periodic review and assessment of the agency'selassified prod-
(5) establishing procedures to prevent unnecessary access to classified infor-
mation, including procedures that: (i) require that a need for access toclassified
information is established before initiating administrative clearance procedures;
and (ii) ensure that the number of persons
tion is limited to the minimum consistent w~aoted atonal adlecu in rments and needs; peraton ands securit rity r eegquire-
forma-
(6) developing special contingency plans for the safeguarding used in or near hostile or potentially hostile areas'
(7) assuring that the guarding of classified
-
vilia performance contract or other system used to rate ci-
ty personnel performance includes the management of classified
information as a critical element or item to be evaluated in the rating of. (i)
on inal classification authorities; (ii) security managers or security specialists;
and (iii) all other personnel whose duties significantly andling of classified information; (8) accoui for hencosts associated oith
the implementation of this order, which shall be reported to the Director of the
Information Securit
Prompt manner age,
complaint, or sugge;
formation that origi
and for which there
flee finds that a vio atior
curred, the Director shal
agency official so that cor
tors, (b) Officers and emp
tions if the certiowinficate
w
this order or disclose predeces
(2) classify or cor,
order or any implemet
(3) create or conti,
of this order; or
(4) contravene an
tives.
nation ) of Sanctions may classification taut
or other sanctions in accorc
(d) The agency head,:
at a minimum, Promptly r
demonstrates reckless disri
standards of this order.
(e) The agency head or
(1) take aPPropriat
fraction under paragrap
violation under paraa~c
P gra;
PART 6 GENERAT PRO;
quirements made by or General Provi,
National Security Act of 15
be hand
in conformData" ity with shall
provi
and regulations issued under
of the
Info.
)nformatione~~ur ty(
order with respect to any que
(c) Nothing in this order
Provisions of
law, including t
P
intended, rivacy Act, and the Nationa
or procedural, enshould not forceable be
I
its officers, or its employees.
forth in sections 1.2(b), 3.2(b) ;
(d) Executive Order No.
date of this order.
Sec- 6.2. Effective Date.
date of this order.
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EXECUTIVE ORDER NO
12958
 Approved For Release 2011/05/05: CIA-RDP10002232R000100190001-9
matter of this order and are
The President shall appoint
it shall comply with the Fed-
2.
President for National Secu-
nt and Budget, or such other
on policiesestablished under
ig recommended changes to
for specific subject areas for
.ispute.
each calendar year, and as
anal Security Affairs or the
at a rate of pay not to ex-
pay in effect for grade GS-
,itle 5, United States Code,
I in the actual performance
ice of business in the actual
may be allowed travel ex-
authorized by law for per-
2e (5 U.S.C. 5703(b)).
to the availability of funds,
ide the Council with admin-
t services necessary for the
the functions of the Presi-
amended, that are applica-
ongress, shall be performed
it Office in accordance with
sneral Services Administra-
ss that originate or handle
mmitment and commit sen-
program established under
tive implementation of the
a senior agency official to
shall include:
under this order, provided,
to oversee special access
hall provide a full account-
nnually;
:h shall be published in the
srs of the public;
ion and training programs;
-inspection program, which
he agency's classified prod-
-y access to classified infor-
need for access toclassified
ative clearance procedures;
ccess to classified informa-
tional and security require-
safeguarding of classified
ile areas;
ier system used to rate ci-
management of classified
uated in the rating of. (i)
ers or security specialists;
.ly involve the creation or
the costs associated with
rted to the Director of the
EXECUTIVE ORDER NO. 12958
Information Security Oversight Office for publication; and(9) assigning in a
promt manner agency personnel to respond to any request, appeal, challenge,
complaint, or suggestion arising out of this order that pertains to classified in-
formation that originated in a component of 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 S
rit
O
i
h
ecu
y
vers
g
t Of-
fice finds that a violation of this order or its implementing directives may have oc-
curred, 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 contrac-
tors, licensees, certificate holders, and grantees shall be subject to appropriate sanc-
tions 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 direc-
tives.
(c) Sanctions may include reprimand, suspension without pay, removal, termi-
nation 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 in-
fraction under paragraph (b), above, occurs; and
(2) notify the Director of the Information Security Oversight office when a
violation under paragraph (bXl), (2) or (3), above, occurs.
PART 6 GENERAL-PROVISIONS
Sec. 6.1. General Provisions. (a) Nothing in this order shall supersede any re-
quirement 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 Re-
stricted 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) ofthis 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.
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