EXECUTIVE ORDER 12958 AMENDED PDF

This order also will reduce the sizable costs of secrecy—the Executive Order —Classified Act, as amended, that are applicable to. Executive Order of November 19, Amendment To Executive Order —Classified National. Security Information. President Franklin D. Roosevelt issued the first executive order (E.O. President George W. Bush amended Executive Order via.

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Due to the lapse in appropriations, Department of Justice websites will amebded be regularly updated. The following is the text of Executive Order No. This executive order was issued by President Clinton on April 17,and will take effect on October 14, It supersedes Executive Order No. This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information.

Our democratic principles require that the American people be informed of the activities of their government.

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

Also, our Nation’s progress depends on the free flow of information. Nevertheless, throughout our history, the national interest has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, and our participation within the community of nations.

Protecting information critical to our Nation’s security remains a priority. In recent years, however, dramatic changes have altered, although not eliminated, the national security threats that we confront.

These changes provide a greater opportunity to emphasize our commitment to open government. This provision does not:. The date or event shall not exceed the time frame in paragraph a,endedbelow.

This provision does not apply to information contained in records that are more than 25 years old and have been determined to have permanent historical value under title 44, United States Code.

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. Classification Prohibitions and Limitations. This provision does not apply to classified information contained in records that are more than 25 years old and have been determined to have permanent historical value under title 44, United States Code.

As used in this order, “compilation” means an aggregation of pre-existing unclassified items of information. For information derivatively classified based on multiple sources, the derivative classifier shall carry forward:.

These guides shall conform to standards contained in directives issued under this order. For purposes of this order:.

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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 amenddd official. That official will determine, as an exercise orde discretion, whether the public interest in disclosure outweighs the damage to national security that might reasonably be expected from disclosure.

Subsequently, all classified 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 amejdedbelow.

The notification shall include:. The President may direct the agency head not to exempt the file series or to declassify the information within that series at an earlier date than recommended. This program shall apply to historically valuable records exempted from automatic declassification under section 3. If the agency has reviewed the information within 129558 past 2 years, amsnded the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requester’s appeal rights.

However, the Archivist shall have the authority to review, downgrade, and declassify information of former Presidents under the control of the Archivist pursuant to sections, note, or of title 44, United States Code.

Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist’s decision.

Any final decision by the Archivist may be appealed by the amwnded or an agency to the Interagency Security Classification Appeals Panel. The information shall remain classified pending a prompt decision on the appeal.

They shall release this information unless withholding is otherwise authorized and warranted under applicable law. These procedures shall apply to information classified amendes 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.

Processing Requests and Reviews. In response to a request for information executjve the Freedom of Information Act, the Privacy Act ofor the mandatory review provisions of this order, or pursuant to the automatic declassification or systematic review provisions of this order:.

In cases in which the originating agency determines in writing that a response under paragraph aabove, is required, the referring agency shall respond to the 112958 in accordance with that paragraph.

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The Archivist shall also explore other possible uses of technology to facilitate the declassification 19258.

These directives shall be binding upon the agencies. Directives issued by the Director of the Office of Management and Budget shall establish standards for:. Information Security Oversight Office.

Executive Order – Wikipedia

The President shall select the Chair of the Panel from among the Panel members. The Council shall be composed of seven members appointed by the President for staggered terms not to exceed 4 years, from among persons who have demonstrated interest and expertise in an area related to the subject matter of this order and are not otherwise employees of the Federal Government.

Heads of agencies that originate or handle classified information shall:. 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. This order shall become effective days from the date of this order [October 14, ].

This provision does not: Information may not be considered for classification unless it concerns: A the date or event for declassification, as prescribed in section 1.

Use of Derivative Classification. For information derivatively classified based on multiple sources, the derivative classifier exedutive carry forward: A the date or event for declassification execurive 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. For purposes of this order: The notification shall include: In response to a request for information under the Freedom of Information Act, the Privacy Act ofor the mandatory review provisions of this order, or pursuant to the xeecutive declassification or systematic review provisions of this order: Directives issued amneded the Director of the Office of Management and Budget shall establish standards for: Interagency Security Classification Appeals Panel.

Information Security Policy Advisory Council. Heads of agencies that originate or handle classified information shall: Office of Information Policy. Related blog posts January 1, These changes are designed to enhance the executive branch’s ability to protect national security information from unauthorized or Many executive branch agencies receive FOIA requests for information which may be classified according to the guidelines established by current Executive