Executive Orders Declassifying Information

Executive Order 11,652, issued March 8, 1972, revised the regulations governing the handling of classified United States security information. The new regulations provided that all classified information more than 30 years old was to be systematically reviewed for declassification by the Archivist of the United States, and all newly classified information was to be automatically declassified after 30 years except for specifically identified information which the head of the originating agency determined to require further protection. Thousands of post-World War II government documents which were formerly classified as Top Secret, Secret, or Confidential have been declassified under the mandatory provisions of these regulations.

The Freedom of Information Act [FOIA], first enacted in 1966 and substantially amended in 1974 and 1986, establishes a presumption that records in the possession of agencies and departments of the executive branch of the U.S. Government are accessible to the people. With the adoption of the FOIA, the burden of proof shifted from the individual to the government and the "need to know" standard was replaced with the "right to know" doctrine.

The FOIA does not apply to the President, Vice President, Senators or members of the House of Representatives; however, the Presidential Records Act of 1978 does make the documentary materials of former Presidents subject to the FOIA and all Presidential papers and documents generated after Jan. 20, 1981, will be available under the framework of the FOIA. All official records of the Congress are available to the public; copies of many of these materials may be found in Federal depository libraries (including the Government Documents Center, Yale University) around the country.

Executive Order 12065, issued June 28, 1978, revamped the Government's security classification system again. The standard for classification was tightened so that no document would be classified unless its release reasonably could be expected to cause identifiable damage to national security. All documents were to be declassified as early as national security permitted. And with few exceptions, the documents given extended classification were to be declassified after 20 years rather than 30. EO 12065 established a mandatory review procedure for handling requests from the public for classified government information.

Executive Order 12356, issued April 2, 1982, removed any specific time requirements for declassification. Instead, it provides that information shall be declassified or downgraded as soon as national security considerations permit. Declassification of classified U.S. government originated information less than 30 years old is the responsibility of the originating agency and declassification of foreign government information provided to the U.S. in confidence which is less than 30 years old is the responsibility of the agency initially receiving or classifying the information. Systematic review of classified U.S. government originated information and foreign government information provided in confidence which is more than 30 years old is the responsibility of the National Archives and Records Administration.

On February 23, 1995, President Clinton issued Executive Order 12951 which released imagery acquired by space-based national intelligence reconnaissance systems. To see the full text of the Executive Order 12951, enter the executive order number in this search screen.

Executive Order 12958, Classified National Security Information, was issued by President Clinton on April 17, 1995. It limits classification to seven categories of information; however, it also provides that where significant doubt exists as to the need to classify or the level of classification, the information should not be classified or classed at the lowest possible level. The standard proscribes that a specific date or event for declassification shall be established at the time of the original classification and that except for information which meets set criteria, this date shall not exceed 10 years. However, the date of declassification may be extended. The order provides that all classified information contained in records that are more than 25 years old and have been determined to have permanent historical value under Title 44 U.S. Code will automatically be declassified within five years of the date of the executive order. To see the full text of the order, enter the Executive Order number in this search screen.