EXECUTIVE ORDER NO. 12958 CLASSIFIED NATIONAL SECURITY INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10C02232R000100190002-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 22, 2016
• Document Release Date: May 5, 2011
• Sequence Number: 2
• Publication Date: April 17, 1995
• Content Type: REGULATION

activities that the IOB
or Presidential direc-
concerning intelligence
ary to Executive order
nthin 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
've reason to believe
directive.
embers 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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2-11
4
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 decia<
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 mNn-
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 chances
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. t 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 iureign relations of the
United States.
(b) "Information" means any knowledge that can be communicated or docu'iie
tary material, regardless of its physical form or charar.teristics, that is owned b
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 go%-
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 disc!,,
sure.
(g) "Original classification authority" means an individual authorized in wriuc_
either by the President. or by agency heads or other officials designated In President, to classify information in the first instance
h ~ 'Unauthorized disclosure" means a comrnumca,u, '
classified information to an unauthorized recipien
i , Agency" means any "Executive agent,< o t neu -
other entity within the executive branch tha, _orn. s into e ow.;e "i, n a'
information.
(j) "Senior agency official" means the official designated by the agency heaa
under section 5.6(c) of this order to direct and administer the agency :s progrsn:
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 revie%%
(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-
eated only by the President: an agency head or official designated pursuant tr
paragraph ra)(2;, above: or the senior agency official, provided that official has
been delegated "Top Secret" original classification authority by the agency head
-1) 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 cla:
lion as provided in t
(e) Exceptional
or grantee of an at
nates information b
shall be protected i;
rectives. The infori
order or its implem(
ter interest and clas
cv shall decide with
which agency has c
to the Director of tl
termine the agency
oration. with approp
n;rnation
Sec. 1.5. ('lass(/
:,,formation ma.A
a) military plan
hi foreign gover
Ic) intelligence
m'-thods, or crvptolo)
d: foreign relat
fidential sources.
er scientific, te(
rite:
If-) United Stater
facilities; or
O vulnerabilita(
:0 op to the na'iona
Sec. 1.6. Durot.,
'ncinal classiticatio,
for declassification h
the information The
h heiow.
(b) If' the originL
date or event for de(
10 years from the da:
below
(c) An original cl;
or reclassify specific
time if' such action
under this order. Thi
that are more than 2:
torical value under to
id) At the time of
exempt from declassif
disclosure of which c(
security for a period
release of which could
(1) reveal an
or activity;
(2) reveal info
ons of mass destri
(3) reveal info
nology a I
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nization that has pro-
rmation to the United
ie expectation that. the
ce.
'rational defense or for-
closure of information,
be originally classified
ions are met:
,e information:
rr is under the control
hat the unauthorized
d to result in damage
hority is able to iden-
information, it shall
cedures for classifica-
to judicial review.
stically as a result of
assified at one of the
iauthorized 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
if)' information origi-
ident in the Federal
authority pursuat to
td level are also au-
II he limited to the
are responsible for
ionstrable and con-
e delegated only by
rsuantto paragraph
horny maN be dele-
gnated pursuant t''
led that official has
by the agency head.
shall be in writing
ided in this order.
i title.
767 EXECUTIVE ORDER NO. 12958
id) 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 implementin_ di-
rectives. The information shall be 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
cv shall decide within 30 days whether to classify this information. If it is not clear
which agency has classification responsibility for this information. it