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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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The new order, 47 Fed. In addition to foreign government information and the identity of a confidential foreign source, unauthorized disclosure of intelligence sources and methods is also now presumed to cause damage to the national security.

FOIA Update: Guest Article: An Overview of Executive Order 12356

Generally, however, it ties the duration of classification to the continued national security sensitivity of the information. The new order allows classifiers to continue to establish specific dates or events for declassification where that is appropriate. Finally, all information to be classified must be 122356 by, produced by or for, or under the control of the United States Government.

Classified National Security Information. 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.

Wikisource has original text related to this article: Executive 1356 also contains a number of less significant changes to the predecessor order. 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 “may reasonably be recovered. This page was last edited on 6 Novemberat Another departure from E. 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.


Expansion of the information covered by the presumption should aid litigators defending Freedom of Information Act suits involving this information. Second, the information must fall within one or more specified categories of information.

While the “balancing test” may be a ei principle, including an explicit requirement in the executive do 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 National Security Information

In other projects Wikisource. National Archives and Records Administration, Vol. Views Read Edit View history. The second change to the requirements for classification is the addition of several subject matter categories of information e.

Many executive branch agencies receive FOIA requests for information which may be classified according to the guidelines established by current Executive After 20 years, only an agency head could extend classification and then only in year increments. Tampa Bay Times PolitiFact. Do of Information Policy. 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 ek burden.

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. These latest regulations, at the time, went into full effect on June 25, except for sections 1. 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.


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. Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. 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.

This new authority, however, may only be exercised by the President and agency heads and officials designated by the President as original classification authorities. It supersedes Executive Order No.

First, the threshold standard for classification of information as “confidential” has been modified from “identifiable damage” to “damage. This order keeps fo 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.