This explanation of the development of E.O. originally appeared as an appendix to Annual Report to the President FY (Washington, D.C., ) by . The new National Security Information Executive Order issued by President Reagan on April 2, E.O. , includes a number of changes to Executive Order . Shortly after President Ronald Reagan issued E.O. on April 2, , general and of E.O. in particular with a view to reform
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First, the individual classifying the document must be authorized to do so.
The new order also removes the limits on the duration of classification. First, the threshold standard for classification of information as “confidential” has been modified from “identifiable damage” to “damage.
It is also noteworthy that the term “confidential source” is now defined in the executive order, thus making clear that the identities of human sources who provide national security information to agencies outside the intelligence community should be protected through classification.
One other major change to E. As noted earlier, all of these changes are designed to better enable the Government to protect truly sensitive national security information–in court and otherwise–and to reduce unnecessary administrative burdens without permitting excessive classification.
Executive Order National Security Information
Second, the information must fall within one or more specified categories of information. The new order allows classifiers to continue to establish specific dates or events for declassification where that 1356 appropriate.
Another change made by the new order is the addition of a requirement that, in cases of doubt as to classifiability or the proper level of classification, the information be considered classified or classified at the higher level pending a final determination within 30 days by an original classification authority.
These latest regulations, at the time, went into full effect on June 25, except for sections 1. While the “balancing test” may be a laudable principle, including an explicit requirement in the executive order only invited others to substitute their judgment for that of executive branch officials possessed with the expertise and experience to exercise this responsibility.
Barack Oe on December 29, Steven Garfinkel, director of the 12536 Services Administration’s Information Security Oversight Office and the person responsible for monitoring compliance with the new order, says e the new order “keeps the lid on” the most important factors influencing the extent of classification:. This order keeps the number of classifiers at its present total of approximately 7, persons worldwide, down percent from just a decade ago, and retains the requirements for effective internal and external monitorship and training.
Both the new order and the President’s statement that accompanied it recognize that it is essential for American citizens to be informed about their Government’s activities. The new order also eliminates the 1235 against the reclassification of information previously declassified and released by providing that such information can be reclassified if it “may reasonably be recovered.
In addition to foreign government information and the identity of a confidential foreign source, unauthorized disclosure 12536 intelligence sources and methods is also now presumed to cause damage to the national security.
Catalog Record: Marking : EO , national security | Hathi Trust Digital Library
National Archives and Records Administration, 5 January Another departure from E. Generally, however, it ties the duration of classification to the continued national security sensitivity of the information.
These additions, however, merely codify and clarify existing practice under the previous order and do not authorize classification of information that does not also meet other requirements. In addition, the prohibition on classification of basic scientific research information not clearly related 1236 the national security continues as under E.
FOIA Update: Guest Article: An Overview of Executive Order 12356
This requirement is a partial reversal of a provision in 1356. The second change to the requirements for classification is the addition of several subject matter categories of information e.
Retrieved from ” https: This executive order was issued by President Clinton on April 17,and will take effect on October 14, They also recognize, however, the nation’s critical need to protect certain sensitive information when disclosure would harm the security of all Americans.
In conclusion, nothing in the new order is intended to permit the classification of additional material beyond that which was eoo to classification under E. No such application of the “identifiable damage” concept was intended, and yet each such assertion in court required a full explanation and response, thereby increasing the increasing the Government’s litigative 122356.
This system and prior systems linking classification to arbitrary in time frames did not significantly accelerate the declassification process but did increase the risk of premature disclosure of information that merited continued protection. This order prescribes a uniform system for classifying, safeguarding, and declassifying Specific time limits are mentioned for different kinds of information, but there is also the provision that information that still needs to be classified can stay classified.
This page was last edited on 6 Novemberat It supersedes Executive Order No.
Of course, declassification reviews will continue to be required whenever information is requested by any citizen under the mandatory review provisions of the order or the Freedom of Information Act and, generally, will also occur through a systematic review after 30 years. But when, for example, an erroneous release is made to a single FOIA requester, this new provision provides the Government with needed flexibility that it did not have under the previous order.
This unintended burden will be eliminated by the new order. Written by Gerald A. Such determinations must also be reported to the Information Security Oversight Office, which continues to have Government-wide oversight of the information security program under the new order.
For example, under the order that is being replaced, classification activity increased approximately ten percent between FY ’79 and FY ’80, largely because of the Iranian hostage crisis.