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    in order to classify information, the information must concern at least one of the _____ categories specified in executive order 13526.

    James

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    The President Executive Order 13526

    Classified National Security Information December 29, 2009 Part 1 - Original Classification Part 2 - Derivative Classification Part 3 - Declassification and Downgrading Part 4 - Safeguarding Part 5 - Implementation and Review Part 6- General Provisions This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information,

    The President Executive Order 13526

    The President Executive Order 13526 Classified National Security Information

    December 29, 2009

    Part 1 - Original ClassificationPart 2 - Derivative ClassificationPart 3 - Declassification and DowngradingPart 4 - SafeguardingPart 5 - Implementation and ReviewPart 6- General Provisions

    This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information both within the Government and to the American people. Nevertheless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation’s security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities.

    NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

    Part 1 - Original Classification

    Section 1.1. Classification Standards.

    (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:

    (1) an original classification authority is classifying the information;

    (2) the information is owned by, produced by or for, or is under the control of the United States Government;

    (3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and

    (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.

    (b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not:

    (1)amplify or modify the substantive criteria or procedures for classification; or

    (2) create any substantive or procedural rights subject to judicial review.

    (c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.

    (d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.

    Sec. 1.2. Classification Levels.

    (a) Information may be classified at one of the following three levels:

    (1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.

    (2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.

    (3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.

    (b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information.

    (c) If there is significant doubt about the appropriate level of classification,

    it shall be classified at the lower level.

    Sec. 1.3. Classification Authority.

    (a) The authority to classify information

    originally may be exercised only by:

    (1) the President and the Vice President;

    (2) agency heads and officials designated by the President; and

    (3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.

    (b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.

    (c) Delegation of original classification authority.

    (1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.

    (2) ‘‘Top Secret’’ original classification authority may be delegated only by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section.

    (3) ‘‘Secret’’ or ‘‘Confidential’’ original classification authority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated under section 5.4(d) of this order, provided that official has been delegated ‘‘Top Secret’’ original classification authority by the agency head.

    Source : www.archives.gov

    5 FAM 480 CLASSIFYING AND DECLASSIFYING NATIONAL SECURITY INFORMATION—EXECUTIVE ORDER 13526

    5 FAM 480

    CLASSIFYING AND DECLASSIFYING NATIONAL SECURITY INFORMATION—EXECUTIVE ORDER 13526

    (CT:IM-226;   10-31-2018)

    (Office of Origin:  A/GIS/IPS)

    5 FAM 481  GENERAL

    5 FAM 481.1  POLICY AND PURPOSE

    (CT:IM-205;   11-22-2017)

    a. This subchapter sets forth the procedures to be followed in the Department to implement Executive Order 13526, Classified National Security Information (“the order”).  This sub-chapter supplements and expands upon the Department’s national security information regulations appearing in Title 22 Code of Federal Regulations Part 9 (see 5 FAM 481.3, below).

    b. E.O. 13526 establishes a uniform system for classifying, marking, safeguarding, and declassifying national security information; i.e., information the unauthorized disclosure of which could reasonably be expected to cause damage to the national defense or foreign relations of the United States.  The order is intended to keep to a minimum the amount of information that is classified and the length of time it remains classified, as well as to facilitate its eventual declassification.

    c.  The full text of E.O. 13526, which supersedes all previous Executive Orders on the subject, is on the Government Printing Office (GPO) website.  The implementing Directive by the Information Security Oversight Office may be found at 32 CFR 2001.

    5 FAM 481.2  Scope and Applicability of E.O. 13526

    (CT:IM-205;   11-22-2017)

    a. E.O. 13526 applies to the creation, use, handling, and declassification of classified information as well as access to such information.  It applies to all classified information, regardless of physical format, and includes photographs, emails, tapes, web pages, and any other items created by Department personnel or contained in the files of the Department.  It does not apply to information that is not classified but that may require protection, including withholding under the Freedom of Information Act or other law, such as information pertaining to law enforcement, information protected by attorney-client or attorney-work product privilege, or privacy, confidential commercial, or sensitive deliberative information.  Such information, though it is not classified national security information, may bear administrative designations such as Sensitive But Unclassified (SBU), Personally Identifiable Information (PII), Critical Infrastructure Information (CII), or Controlled Unclassified Information (CUI) which is being implemented to replace SBU, and other labels indicating that it requires protection from public disclosure.

    b. Restricted data (RD) and formerly restricted data (FRD): E.O. 13526 does not supersede the Atomic Energy Act of 1954, as amended, and “RD” and “FRD” must be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that act.  RD concerns the design, manufacture, or utilization of atomic weapons; the production of special nuclear material, e.g., enriched uranium or plutonium; or the use of special nuclear material in the production of energy.  FRD is related primarily to the military utilization of atomic weapons.  The Departments of Energy and Defense oversee the Federal government’s programs concerning RD and FRD.

    5 FAM 481.3  Implementation and Review

    (CT:IM-223;   10-25-2018)

    a. E.O. 13526 requires agencies to designate a senior agency official who will be responsible for implementation of the order, including implementing instructions and education and training.  In the Department, the Secretary of State has designated the Under Secretary for Management (M) as the senior agency official.

    b. The responsibility for implementation of the order is shared by the Bureau of Administration (A) and the Bureau of Diplomatic Security (DS).  The Office of Information Security (DS/SI/IS) is responsible for all aspects of the protection and safeguarding of classified information and of special access programs under the purview of the Secretary of State ("Department special access programs").  DS/SI/IS also sets policy for captions that may go after the TS, S, or C marking (i.e., ORCON, RELTO, and NOFORN distribution restrictions).  See 12 FAM 536.7 for guidance.  The A bureau, specifically A/GIS/IPS, is responsible for other aspects of implementation of E.O. 13526, including the classification, declassification, and marking of information classified under the order as well as training and guidance in classification and declassification.

    c.  E.O. 13526 provides that the director of the Information Security Oversight Office (ISOO), under the direction of the archivist of the United States and in consultation with the assistant to the President for National Security Affairs, shall issue directives necessary to implement the order.  The ISOO director has issued a directive (32 CFR 2001) that sets forth in some detail procedures for implementing various provisions of E.O. 13526.  This subchapter (5 FAM 480) reflects many of the requirements of the ISOO directive and of the Department’s national security information regulations appearing in Part 9 of Title 22 of the Code of Federal Regulations (22 CFR 9).  22 CFR 9 sets forth the Department’s regulations regarding classification and declassification of national security information, including derivative classification and classification challenges.  Code of Federal Regulations provisions pertaining to certain information access aspects of E.O. 13526, such as systematic and mandatory declassification review, may be found in 22 CFR 171.

    Source : fam.state.gov

    Executive Order 13526

    Executive Order 13526

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    Executive Order 13526

    Classified National Security Information

    Type Executive order

    Executive Order number 13526

    Signed by Barack Obama on December 29, 2009

    details

    document number E9-31418

    Publication date January 5, 2010

    Document citation 75 FR 705

    Executive Order 13526 was issued on December 29, 2009, by United States President Barack Obama.[1] It is one of a series of executive orders from US Presidents outlining how classified information should be handled. It revokes and replaces the previous Executive Orders in effect for this, which were EO 12958 (text) and EO 13292 (text).

    Contents

    1 Issuance

    2 Significant changes

    3 See also 4 References 5 External links

    Issuance[edit]

    As a component of the Obama Administration's initiative to improve transparency and open-access to the Federal Government and the information it produces formally introduced upon taking office in late January 2009[2] and as a result of an agency-wide review and recommendation process ordered in May of that same year,[3] the issuance of EO 13526 was ultimately prompted by several factors.

    One factor was the large backlog of documents scheduled to be automatically declassified on December 31, 2009, and how to deal with that reality.[4] Another factor was delivering on a campaign promise.[5]

    These latest regulations, at the time, went into full effect on June 25, 2010, except for sections 1.7, 3.3, and 3.7, which were effective immediately on December 29, 2009.[6][7] [8]

    Significant changes[edit]

    EO 13526 restated the authorized list of designees who can originate classification, in effect rescinding any previous designations made by officials or agency heads to subordinates.

    A significant provision of EO 13526 is the creation of the National Declassification Center. The major focus is the idea that information should become declassified systematically as soon as practicable. 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. 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.

    See also[edit]

    Wikisource has original text related to this article:

    Executive Order 13526

    Classified information

    Classified information in the United States

    Previous Executive Orders covering national classified information:

    Executive Order 10290 (September 24, 1951; Harry S. Truman)

    Executive Order 10501 (November 5, 1953; Dwight D. Eisenhower)

    Executive Order 11652 (March 8, 1972; Richard Nixon)

    Executive Order 12065 (June 28, 1978; Jimmy Carter)

    Executive Order 12356 (April 2, 1982; Ronald Reagan)

    Executive Order 12958 (April 17, 1995; Bill Clinton)

    Executive Order 13292 (March 21, 2003; George W. Bush)

    References[edit]

    ^ , by William H. Leary, Special Adviser to the National Security Advisor and Senior Director for Records and Access Management, National Security Staff, 29 December 2009^ Ed O'Keefe (January 21, 2009). "New Obama Orders on Transparency, FOIA Requests". .^ "Obama Wants Classified Information Review". . Associated Press. May 27, 2009.^ Michael J. Sniffen (May 28, 2009). "Obama Orders Review of Top Secret Classification". .^ Angie Dbronic Holan (December 30, 2009). "Executive Order Creates National Declassification Center". .^ Part 1, Sec. 1.3(a)(1) & 1.3(c)(2), Executive Order 13526 of December 29, 2009, , Federal Register - U.S. National Archives and Records Administration, Vol. 75, No. 2, 5 January 2010, p.708.^ Order of December 29, 2009, , Federal Register - U.S. National Archives and Records Administration, Vol. 75, No. 2, 5 January 2010, p.735.^ Part 6, Sec. 6.2(g) & 6.3, Executive Order 13526 of December 29, 2009, , U.S. National Archives and Records Administration, 5 January 2010

    External links[edit]

    Text of Executive Order 13526

    Full text - Government Printing Office

    Categories: 2009 in the United StatesExecutive orders of Barack ObamaClassified information in the United States2009 in American law

    Source : en.wikipedia.org

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