Further Amendment to Executive Order 12958, as Amended, Classified National Security Information

This executive order revises the U.S. government's system for classifying, safeguarding, and declassifying national security information. It expands classification authority to the Vice President, adds 'defense against transnational terrorism' as a core national security consideration, establishes automatic declassification at 25 years with specific exemptions, and creates new procedural controls for special access programs and information sharing.

Federal Register Open PDF 68 FR 15315

Impact dates

Dec 31, 2006
Automatic declassification of classified records more than 25 years old with permanent historical value
Mar 24, 2004
Annual update of automatic/routine/recurring distribution of classified information
Mar 24, 2004
Annual review of each special access program by agency head or principal deputy
Sep 21, 2003
Advance notification to ISOO Director of proposed exemptions from automatic declassification
Apr 24, 2003
Agency must decide whether to classify information originated by employee/contractor without original classification authority

Key directives

Vice President granted original classification authority in performance of executive duties
'Defense against transnational terrorism' incorporated as national security criterion throughout classification system
Automatic declassification of 25-year-old records with permanent historical value on December 31, 2006
Agency heads must notify President through National Security Advisor of proposed file series exemptions from automatic declassification
180-day advance notification required to Information Security Oversight Office for specific information exemptions from automatic declassification
Special access programs limited to Secretaries of State, Defense, Energy, and Director of Central Intelligence (or principal deputies)
Annual review required of each special access program
30-day deadline for agencies to decide classification of information originated by non-authority personnel
Classification guides required for all agencies with original classification authority
Systematic declassification review programs required for records exempted from automatic declassification

Timeline

Immediate

EO takes effect upon signing; classification standards and authority structures apply to all new original classification decisions

Near term (90d)

agencies must establish challenge procedures and training programs; classification guides must be updated to conform to new standards

Long term

automatic declassification of 25-year-old records with permanent historical value effective December 31, 2006; systematic declassification review programs to be established and conducted over multi-year period

Risks & tensions

Vague: 'transnational terrorism' definition not specified; broad interpretive latitude for classifying authorities
Tension between automatic declassification mandate and extensive exemption categories (9 enumerated grounds plus file series exemptions)
Presidential notification requirement for file series exemptions creates political bottleneck but also oversight opportunity
ISOO access to special access programs may be limited to Director only for 'extraordinarily sensitive' programs—scope of this limitation unclear
Reclassification after public release permitted under personal authority of agency head with recoverability standard—practical enforcement uncertain
Vice President classification authority expansion: novel structural change with unclear inter-branch implications