Show In the interest of national security, some U.S. Government information is classified and requires protection against unauthorized disclosure. Government agencies may classify information only as permitted by Executive Order 13526, Classified National Security Information. Declassification means an authorized change in the status of information from classified information to unclassified information. Documents may be classified only as long as is absolutely necessary to protect national security, and agencies must make every effort to declassify documents as soon as possible. Declassification does not necessarily lead to immediate public release because some documents may still be withheld from release by virtue of exemptions contained in the Freedom of Information Act or when other public laws prevent release. There are three primary ways by which classified information is declassified: Executive Order 13526 has established a system to declassify information in records of permanent historical value when the records reach a certain age that was set when the information was originally classified or when a specific event occurs. The Federal Records Management Act defines records of permanent historical value, and records management officials at DOT are responsible for identifying those records. Generally, records of permanent historical value are classified for no longer than 25 years and many are declassified sooner. Only information meeting very specific criteria may be classified for periods of time longer than 25 years. Systematic declassification means the review for declassification of classified information contained in records of permanent historical value. DOT organizations periodically review classified documents contained in these records for possible declassification. E.O. 13526 requires DOT to review for declassification classified documents or other classified material (for example, electronic files) whenever there is a specific request for it that is sufficiently specific to enable the department to locate it with a reasonable amount of effort. This type of review is a mandatory declassification review. When DOT receives a request for information that is classified, it first determines whether DOT originally classified the information or whether another agency classified it. If DOT classified it, then an office with authority over the information reviews it to determine whether or not the information may be declassified. Unless there is a continuing need to keep the information classified, DOT will then declassify it. E.O. 13526 requires DOT to respond to any declassification request in a timely manner. Historically, however, DOT receives most of its classified information from other agencies. DOT does not currently have any originally classified documents. If DOT receives a request for information that another agency has classified, it refers the request to that other agency. DOT will also notify the requester about the referral. For more information about declassification in general, please refer to Executive Order 13526. Although DOT does not have a centralized repository for declassified materials, individuals who want access to specific materials that they believe DOT may have declassified should contact the Office of Security. In addition, individuals should contact this office to request that specific types of DOT-classified information be given priority for declassification.
Archive [Page 634-650]Monday, April 24, 1995 Volume 31--Number 16 Week Ending Friday, April 21, 1995 Executive Order 12958--Classified National Security InformationApril 17, 1995 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. 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. 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 Section 1.1. Definitions. For purposes of this order:
Sec. 1.2. Classification Standards.
Sec. 1.3. Classification Levels.
Sec. 1.4. Classification Authority.
Sec. 1.5. Classification Categories. Information may not be considered for classification unless it concerns:
Sec. 1.6. Duration of Classification.
Sec. 1.7. Identification and Markings.
Sec. 1.8. Classification Prohibitions and Limitations.
Sec. 1.9. Classification Challenges.
Part 2 Derivative Classification Sec. 2.1. Definitions. For purposes of this order:
Sec. 2.2. Use of Derivative Classification.
Sec. 2.3. Classification Guides.
Part 3 Declassification and Downgrading Sec. 3.1. Definitions. For purposes of this order:
Sec. 3.2. Authority for Declassification.
Sec. 3.3. Transferred Information.
Sec. 3.4. Automatic Declassification.
Sec. 3.5. Systematic Declassification Review.
Sec. 3.6. Mandatory Declassification Review.
Sec. 3.7. Processing Requests and Reviews. In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of this order, or pursuant to the automatic declassification or systematic review provisions of this order:
Sec. 3.8. Declassification Database.
Part 4 Safeguarding Sec. 4.1. Definitions. For purposes of this order:
Sec. 4.2. General Restrictions on Access.
Sec. 4.3. Distribution Controls.
Sec. 4.4. Special Access Programs.
Sec. 4.5. Access by Historical Researchers and Former Presidential Appointees.
Part 5 Implementation and Review Sec. 5.1. Definitions. For purposes of this order:
Sec. 5.2. Program Direction.
Sec. 5.3. Information Security Oversight Office.
Sec. 5.4. Interagency Security Classification Appeals Panel.
Sec. 5.5. Information Security Policy Advisory Council.
Sec. 5.6. General Responsibilities. Heads of agencies that originate or handle classified information shall:
Sec. 5.7. Sanctions.
Part 6 General Provisions Sec. 6.1. General Provisions.
Sec. 6.2. Effective Date. This order shall become effective 180 days from the date of this order. William J. Clinton The White House, April 17, 1995. [Filed with the Office of the Federal Register, 2:04 p.m., April 18, 1995] Note: This Executive order was published in the Federal Register on April 20. MDR is a mechanism through which the public can request declassification review of classified records, regardless of age or origin, subject to certain limitations set forth in E.O. 13526. What is Automatic Declassification? Classified records that have been determined to have permanent historical value, will be automatically declassified on December 31st of the year that is 25 years from the date of its original classification. The three primary levels of classification [from least to greatest] are Confidential, Secret, and Top Secret. However, even Top Secret clearance does not allow one to access all information at, or below, Top Secret level. Declassification is the process of ceasing a protective classification, often under the principle of freedom of information. Procedures for declassification vary by country. Papers may be withheld without being classified as secret, and eventually made available. |