EO 12356 PDF

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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After 20 years, only an agency head could extend classification and then only in year increments.

Executive Order – Wikipedia

The new order, 47 Fed. The major focus is the idea that information should become declassified systematically as soon as practicable. The new order allows classifiers to continue to establish specific dates or events for declassification where that is appropriate. These latest regulations, at the time, went into full effect on June 25, except for sections 1.

These changes are designed to enhance the executive branch’s ability to protect national security information from unauthorized or premature disclosure without increasing the quantity of classified information.

Office of Information Policy. Second, the information must fall within one or more specified categories of information.

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.

EO restated the authorized list of designees who wo originate classification, in effect rescinding any previous designations made by officials or agency heads to subordinates.

Executive Order 13526

National Archives and Records Administration, 5 January 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. Certain specified individuals could extend eeo declassification date or event or establish a date for declassification review beyond six years, but generally no more than 20 years after original classification. No such application of the “identifiable damage” concept was intended, and yet each such assertion in court required a full explanation and 1256, thereby increasing the increasing the Government’s litigative burden.

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In addition, the prohibition on classification of basic scientific research information not clearly related to the national security continues as under E.

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Steven Garfinkel, director of the General Services Administration’s Information Security Oversight Office and the person responsible for monitoring compliance with the new order, says that the new order “keeps the lid on” the most important factors influencing the extent of so This order prescribes a uniform system for classifying, safeguarding, and declassifying The new order also removes the limits on the duration of classification.

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 ek be considered classified or classified at the higher level pending a final determination within 30 days by an original classification authority. 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.

However, some litigants have contended that this language requires that the damage be of a particular type or degree in order 122356 justify classification. Expansion of the information covered by the presumption should aid litigators defending Oe of Information Act suits involving this information.

In conclusion, nothing in the new order is intended to permit the classification of additional material beyond that which was subject to classification under E.

Generally, however, it ties the duration of classification to the continued national security sensitivity of the information. Third, the classifying official must determine that unauthorized disclosure of the information could reasonably be expected to cause damage to the national security. Another departure 112356 E.

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Catalog Record: Marking : EO , national security | Hathi Trust Digital Library

Tampa Bay Times PolitiFact. That invitation significantly complicated the task of protecting legitimately classified information in court and added no countervailing so to the public because no court has ever ordered information released under the balancing test. 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.

First, the threshold standard for classification of information as “confidential” has been modified from “identifiable damage” to “damage. While the “balancing test” may be a laudable principle, including an explicit requirement in the executive order only invited others to substitute their 12365 for that of executive branch officials possessed with the expertise and experience to exercise this responsibility.

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.

In other projects Wikisource. This requirement is a partial reversal of a provision in E. The new order also eliminates the prohibition against the reclassification of information previously declassified and released by 1256 that such information can be reclassified if it “may reasonably be recovered.

This unintended burden will be eliminated by the new order. Obviously, that would be impossible in the case of an erroneous disclosure to the general public.

The second change to the requirements for classification is the addition of several subject matter categories of information e. Due to the lapse in appropriations, Department of Justice websites will not be regularly updated.