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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Retrieved from ” https: Tampa Bay Times PolitiFact. 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.
Executive Order also contains a number of less significant 123556 to the predecessor order. After 20 years, only an agency head could extend classification and then only in year increments. EO restated the authorized list of designees who can originate classification, in effect rescinding any previous designations made by officials or agency heads to subordinates.
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.
Expansion of the information covered by the presumption should aid litigators defending Freedom of Information Act suits involving this information. Third, the classifying official must determine that unauthorized disclosure of the information could reasonably be expected to cause damage to the national security. Mechanisms are outlined for periodic reevaluation of the need to classify information, even if the result of the evaluation is to keep the information classified.
This new authority, however, may only be exercised by the President and agency heads and officials designated by the President as original classification authorities. Views Read Edit View history. Sniffen May 28, Written by Gerald A. In other projects Wikisource. While these general requirements were present in the previous order, two changes have been made to improve the Government’s ability to protect sensitive information.
That invitation significantly complicated the task of protecting legitimately classified information in court and added no countervailing benefit to the public because no court has ever ordered information released under the balancing test. The second change to the requirements for classification is the addition of several subject matter categories of information e.
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 individual classifying the document must be authorized to do so.
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These changes are designed to enhance the executive branch’s ability to 112356 national security information from unauthorized or premature disclosure without increasing the quantity of classified information. The new order also removes the limits on the duration of classification. This requirement is a partial reversal of a provision in E.
This unintended burden will be eliminated by the new order. Of the systemic variables that do affect the number of classification decisions, the most relevant are the number of persons authorized to classify information and the quality of program oversight.
First, the threshold standard for classification of information as “confidential” has been modified from “identifiable damage” to “damage. Second, the information must fall within one or more specified categories of information.
These additions, however, e codify and clarify existing practice under the previous order and do not authorize classification of information that does not also meet other requirements.
Executive Order National Security Information
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. The new order also eliminates the prohibition against the reclassification of information previously declassified and released by providing that such information can be reclassified if it ei reasonably be recovered.
They also recognize, however, the nation’s critical need to protect certain sensitive information when disclosure would harm the security of all Americans. One factor was the large backlog of documents scheduled to be automatically declassified on December 31, and how ek deal with that reality.
Certain specified individuals could extend the declassification date or event or establish a date for declassification review beyond six years, but generally no more than 20 years after original classification. It supersedes Executive Order No. From Wikipedia, the free encyclopedia. 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.
The new order allows classifiers to continue to establish specific dates or events for declassification where that is do. 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.
The new order retains existing prohibitions against using classification to conceal violations of law, inefficiency or administrative error, or to prevent embarrassment, or delay the release of’ information that does not require protection in the interest of national security.
Many executive branch agencies receive FOIA requests for information which may be classified according to the guidelines established by current Executive For example, under the order that is being replaced, classification activity increased approximately ten percent between FY ’79 and FY do, largely because of the Iranian hostage crisis. Obviously, that would be impossible in the case of an fo disclosure to the general public. This executive order was issued by President Clinton on April 17,and will take effect on October 14, 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.
Another departure from E.
Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. National Archives and Records Administration, 5 January However, some litigants have contended that this language requires that the damage be of a particular type or degree in order to eeo classification.