Amendment to EO 12958
Executive Order EO 13292
Effective Date: March 28, 2003
Responsible Office: Office of Security Management and Safeguards
Subject: Further Amendment to EO 12958, as Amended, Classified National Security Information
Executive Order 13292 of March 25, 2003
Further Amendment to Executive Order 12958, as
Amended, Classified National Security Information
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to further amend Executive Order
12958, as amended, it is hereby ordered that Executive
Order 12958 is amended to read as follows:
"Classified National Security Information
This order prescribes a uniform system for classifying,
safeguarding, and declassifying national security
information, including information relating to defense
against transnational terrorism. Our democratic
principles require that the American people be informed
of the activities of their Government. Also, our
Nation's progress depends on the free flow of
information. Nevertheless, throughout our history, the
national defense has required that certain information
be maintained in confidence in order to protect our
citizens, our democratic institutions, our homeland
security, and our interactions with foreign nations.
Protecting information critical to our Nation's
security remains a priority.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, it is hereby ordered as
follows:
PART 1--ORIGINAL CLASSIFICATION
Sec. 1.1. 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 1.4 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, which includes defense against
transnational terrorism, and the original classification authority is able
to identify or describe the damage.
(b) Classified information shall not be
declassified automatically as a result of any
unauthorized disclosure of identical or similar
information.
(c) The unauthorized disclosure of foreign
government information is presumed to cause damage to
the national security.
Sec. 1.2. 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
[[Page 15316]]
national security that the original classification authority is able to
identify or describe.
(3) "Confidential" shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause damage to the
national security that the original classification authority is able to
identify or describe.
(b) Except as otherwise provided by statute, no
other terms shall be used to identify United States
classified information.
Sec. 1.3. Classification Authority. (a) The authority
to classify information originally may be exercised
only by:
(1) the President and, in the performance of executive duties, the Vice
President;
(2) agency heads and officials designated by the President in the Federal
Register; and
(3) United States Government officials delegated this authority pursuant to
paragraph (c) of this section.
(b) Officials authorized to classify information at
a specified level are also authorized to classify
information at a lower level.
(c) Delegation of original classification
authority.
(1) Delegations of original classification authority shall be limited to
the minimum required to administer this order. Agency heads are responsible
for ensuring that designated subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) "Top Secret" original classification authority may be delegated only
by the President; in the performance of executive duties, the Vice
President; or an agency head or official designated pursuant to paragraph
(a)(2) of this section.
(3) "Secret" or "Confidential" original classification authority may be
delegated only by the President; in the performance of executive duties,
the Vice President; or an agency head or official designated pursuant to
paragraph (a)(2) of this section; or the senior agency official described
in section 5.4(d) of this order, provided that official has been delegated
"Top Secret" original classification authority by the agency head.
(4) Each delegation of original classification authority shall be in
writing and the authority shall not be redelegated except as provided in
this order. Each delegation shall identify the official by name or position
title.
(d) Original classification authorities must
receive training in original classification as provided
in this order and its implementing directives. Such
training must include instruction on the proper
safeguarding of classified information and of the
criminal, civil, and administrative sanctions that may
be brought against an individual who fails to protect
classified information from unauthorized disclosure.
(e) Exceptional cases. When an employee, government
contractor, licensee, certificate holder, or grantee of
an agency who does not have original classification
authority originates information believed by that
person to require classification, the information shall
be protected in a manner consistent with this order and
its implementing directives. The information shall be
transmitted promptly as provided under this order or
its implementing directives to the agency that has
appropriate subject matter interest and classification
authority with respect to this information. That agency
shall decide within 30 days whether to classify this
information. If it is not clear which agency has
classification responsibility for this information, it
shall be sent to the Director of the Information
Security Oversight Office. The Director shall determine
the agency having primary subject matter interest and
forward the information, with appropriate
recommendations, to that agency for a classification
determination.
[[Page 15317]]
Sec. 1.4. Classification Categories. Information shall
not be considered for classification unless it
concerns:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including special
activities), intelligence sources or methods, or
cryptology;
(d) foreign relations or foreign activities of the
United States, including confidential sources;
(e) scientific, technological, or economic matters
relating to the national security, which includes
defense against transnational terrorism;
(f) United States Government programs for
safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or
protection services relating to the national security,
which includes defense against transnational terrorism;
or
(h) weapons of mass destruction.
Sec. 1.5. Duration of Classification. (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.
Upon reaching the date or event, the information shall
be automatically declassified. The date or event shall
not exceed the time frame established in paragraph (b)
of this section.
(b) If the original classification authority cannot
determine an earlier specific date or event for
declassification, information shall be marked for
declassification 10 years from the date of the original
decision, unless the original classification authority
otherwise determines that the sensitivity of the
information requires that it shall be marked for
declassification for up to 25 years from the date of
the original decision. All information classified under
this section shall be subject to section 3.3 of this
order if it is contained in records of permanent
historical value under title 44, United States Code.
(c) An original classification authority may extend
the duration of classification, change the level of
classification, or reclassify specific information only
when the standards and procedures for classifying
information under this order are followed.
(d) Information marked for an indefinite duration
of classification under predecessor orders, for
example, marked as "Originating Agency's Determination
Required," or information classified under predecessor
orders that contains no declassification instructions
shall be declassified in accordance with part 3 of this
order.
Sec. 1.6. Identification and Markings. (a) At the time
of original classification, the following shall appear
on the face of each classified document, or shall be
applied to other classified media in an appropriate
manner:
(1) one of the three classification levels defined in section 1.2 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 1.5(a) or
section 1.5(c);
(B)
the date that is 10 years from the date of original classification, as
prescribed in section 1.5(b); or
(C)
the date that is up to 25 years from the date of original classification,
as prescribed in section 1.5 (b); and
(5) a concise reason for classification that, at a minimum, cites the
applicable classification categories in section 1.4 of this order.
[[Page 15318]]
(b) Specific information described in paragraph (a)
of this section may be excluded if it would reveal
additional classified information.
(c) With respect to each classified document, the
agency originating the document shall, by marking or
other means, indicate which portions are classified,
with the applicable classification level, 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. The Director
shall revoke any waiver upon a finding of abuse.
(d) Markings implementing the provisions of this
order, including abbreviations and requirements to
safeguard classified working papers, shall conform to
the standards prescribed in implementing directives
issued pursuant to this order.
(e) Foreign government information shall retain its
original classification markings or shall be assigned a
U.S. classification that provides a degree of
protection at least equivalent to that required by the
entity that furnished the information. Foreign
government information retaining its original
classification markings need not be assigned a U.S.
classification marking provided that the responsible
agency determines that the foreign government markings
are adequate to meet the purposes served by U.S.
classification markings.
(f) Information assigned a level of classification
under this or predecessor orders shall be considered as
classified at that level of classification despite the
omission of other required markings. Whenever such
information is used in the derivative classification
process or is reviewed for possible declassification,
holders of such information shall coordinate with an
appropriate classification authority for the
application of omitted markings.
(g) The classification authority shall, whenever
practicable, use a classified addendum whenever
classified information constitutes a small portion of
an otherwise unclassified document.
(h) Prior to public release, all declassified
records shall be appropriately marked to reflect their
declassification.
Sec. 1.7. Classification Prohibitions and Limitations.
(a) In no case shall information be classified in
order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require
protection in the interest of the national security.
(b) Basic scientific research information not
clearly related to the national security shall not be
classified.
(c) Information may be reclassified after
declassification and release to the public under proper
authority only in accordance with the following
conditions:
(1) the reclassification action is taken under the personal authority of
the agency head or deputy agency head, who determines in writing that the
reclassification of the information is necessary in the interest of the
national security;
(2) the information may be reasonably recovered; and
(3) the reclassification action is reported promptly to the Director of the
Information Security Oversight Office.
(d) Information that has not previously been
disclosed to the public under proper authority may be
classified or reclassified after an agency has received
a request for it under the Freedom of Information Act
(5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C.
552a), or the mandatory review provisions of section
3.5 of this order only if such classification meets the
requirements of this order and is accomplished on a
document-by-document basis with
[[Page 15319]]
the personal participation or under the direction of
the agency head, the deputy agency head, or the senior
agency official designated under section 5.4 of this
order.
(e) Compilations of items of information that are
individually unclassified may be classified if the
compiled information reveals an additional association
or relationship that: (1) meets the standards for
classification under this order; and (2) is not
otherwise revealed in the individual items of
information. As used in this order, "compilation"
means an aggregation of pre-existing unclassified items
of information.
Sec. 1.8. 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) of this section.
(b) In accordance with implementing directives
issued pursuant to this order, an agency head or senior
agency official shall establish procedures under which
authorized holders of information are encouraged and
expected to challenge the classification of information
that they believe is improperly classified or
unclassified. These procedures shall ensure that:
(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review by an impartial official or
panel; and
(3) individuals are advised of their right to appeal agency decisions to
the Interagency Security Classification Appeals Panel (Panel) established
by section 5.3 of this order.
PART 2--DERIVATIVE CLASSIFICATION
Sec. 2.1. Use of Derivative Classification. (a) Persons
who only reproduce, extract, or summarize classified
information, or who only apply classification markings
derived from source material or as directed by a
classification guide, need not possess original
classification authority.
(b) Persons who apply derivative classification
markings shall:
(1) observe and respect original classification decisions; and
(2) carry forward to any newly created documents the pertinent
classification markings. For information derivatively classified based on
multiple sources, the derivative classifier shall carry forward:
(A)
the date or event for declassification that corresponds to the longest
period of classification among the sources; and
(B)
a listing of these sources on or attached to the official file or record
copy.
Sec. 2.2. Classification Guides. (a) Agencies with
original classification authority shall prepare
classification guides to facilitate the proper and
uniform derivative classification of information. These
guides shall conform to standards contained in
directives issued under this order.
(b) Each guide shall be approved personally and in
writing by an official who:
(1) has program or supervisory responsibility over the information or is
the senior agency official; and
(2) is authorized to classify information originally at the highest level
of classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure
that classification guides are reviewed and updated as
provided in directives issued under this order.
PART 3--DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. Authority for Declassification. (a)
Information shall be declassified as soon as it no
longer meets the standards for classification under
this order.
[[Page 15320]]
(b) It is presumed that information that continues
to meet the classification requirements under this
order requires continued protection. In some
exceptional cases, however, the need to protect such
information may be outweighed by the public interest in
disclosure of the information, and in these cases the
information should be declassified. When such questions
arise, they shall be referred to the agency head or the
senior agency official. That official will determine,
as an exercise of discretion, whether the public
interest in disclosure outweighs the damage to the
national security that might reasonably be expected
from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for
classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) If the Director of the Information Security
Oversight Office determines that information is
classified in violation of this order, the Director may
require the information to be declassified by the
agency that originated the classification. Any such
decision by the Director may be appealed to the
President through the Assistant to the President for
National Security Affairs. The information shall remain
classified pending a prompt decision on the appeal.
(d) The provisions of this section shall also apply
to agencies that, under the terms of this order, do not
have original classification authority, but had such
authority under predecessor orders.
Sec. 3.2. Transferred Records. (a) In the case of
classified records transferred in conjunction with a
transfer of functions, and not merely for storage
purposes, the receiving agency shall be deemed to be
the originating agency for purposes of this order.
(b) In the case of classified records that are not
officially transferred as described in paragraph (a) of
this section, 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 records shall
be deemed to be the originating agency for purposes of
this order. Such records may be declassified or
downgraded by the agency in possession after
consultation with any other agency that has an interest
in the subject matter of the records.
(c) Classified records 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 of the
United States (Archivist) in accordance with this
order, the directives issued pursuant to this order,
agency declassification guides, and any existing
procedural agreement between the Archivist and the
relevant agency head.
(d) The originating agency shall take all
reasonable steps to declassify classified information
contained in records determined to have permanent
historical value before they are accessioned into the
National Archives. However, the Archivist may require
that classified records be accessioned into the
National Archives when necessary to comply with the
provisions of the Federal Records Act. This provision
does not apply to records being transferred to the
Archivist pursuant to section 2203 of title 44, United
States Code, or records for which the National Archives
serves as the custodian of the records of an agency or
organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt
a system of records management that will facilitate the
public release of documents at the time such documents
are declassified pursuant to the provisions for
automatic declassification in section 3.3 of this
order.
Sec. 3.3. Automatic Declassification. (a) Subject to
paragraphs (b)-(e) of this section, on December 31,
2006, all classified records that (1) are more than 25
years old and (2) have been determined to have
permanent historical value under title 44, United
States Code, shall be automatically declassified
whether or not the records have been reviewed.
Subsequently, all classified records shall be
automatically declassified on December 31 of the year
[[Page 15321]]
that is 25 years from the date of its original
classification, except as provided in paragraphs (b)-
(e) of this section.
(b) An agency head may exempt from automatic
declassification under paragraph (a) of this section
specific information, the release of which could be
expected to:
(1) reveal the identity of a confidential human source, or a human
intelligence source, or reveal information about the application of an
intelligence source or method;
(2) reveal information that would assist in the development or use of
weapons of mass destruction;
(3) reveal information that would impair U.S. cryptologic systems or
activities;
(4) reveal information that would impair the application of state of the
art technology within a U.S. weapon system;
(5) reveal actual U.S. military war plans that remain in effect;
(6) reveal information, including foreign government information, that
would seriously and demonstrably impair relations between the United States
and a foreign government, or seriously and demonstrably undermine ongoing
diplomatic activities of the United States;
(7) reveal information that would clearly and demonstrably impair the
current ability of United States Government officials to protect the
President, Vice President, and other protectees for whom protection
services, in the interest of the national security, are authorized;
(8) reveal information that would seriously and demonstrably impair current
national security emergency preparedness plans or reveal current
vulnerabilities of systems, installations, infrastructures, or projects
relating to the national security; or
(9) violate a statute, treaty, or international agreement.
(c) 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 that file series almost
|
PDF files require the free Adobe Reader.
More information on Adobe Acrobat PDF files is available on our Accessibility page.
Blogs
Facebook
Flickr
RSS Feeds
Twitter
YouTube
