Can an executive order be classified?

Can an executive order be classified?

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)….Executive Order 13526.

What two things must an OCA consider when determining how long information will be classified?

OCA Responsibilities Original Classification Authorities, or OCAs, are responsible for determining when and if information should be classified, the level of that classification, and for determining how long it requires protection.

What is the process of making the initial decision that information could reasonably be expected to cause identifiable damage to national security?

Top Secret is applied to information, the unauthorized disclosure of which could reasonably be expected to cause exceptionally grave damage to our national security. Secret is applied to information, the unauthorized disclosure of which could reasonably be expected to cause serious damage to our national security.

What are executive orders subject to?

Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.

Who determines need to know?

As defined in Executive Order 12968, as amended, ”need to know” means a determination made by an authorized holder of classified information that a prospective recipient requires access to specific classified information in order to perform or assist in a lawful and authorized governmental function.

What is GBR considered as?

Terms in this set (19) In the banner line CONFIDENTIAL//FGI GBR, what is “GBR” considered? Banner markings may change when classified information is downgraded. You are generating a derivatively classified piece of information and are looking for information in a classified database.

What is the first step an original classification authority OCA must take when originally classifying information?

Since the OCA must be the only one to classify the information, the OCA must first determine whether the information is official. This means the information must be owned by, produced by or for, or under the control of the U.S. Government.

In what order must documents containing classified information be marked?

Standard markings are required for all documents that contain originally classified information. The information is to be shown using these marking elements: banner lines, portion marks, agency, office of origin, date of origin, and classification authority block (OCA or derivative).

How long does it take for an executive order to go into effect?

Thirty days
Thirty days after being published in the Federal Register, executive orders take effect. While they do bypass the U.S. Congress and the standard legislative law-making process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.

How can executive orders be overturned?

Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional.

What is the purpose of Executive Order 12958?

EXECUTIVE ORDER 12958 CLASSIFIED NATIONAL SECURITY INFORMATION This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. Our democratic principles require that the American people be informed of the activities of their Government.

When did EO 12958 come into effect?

In 1995, United States President Bill Clinton signed this Executive Order. EO 12958 was amended and effectively replaced by President George W. Bush on March 25, 2003, in Executive Order 13292 (text). EO 13292 has itself since been revoked and replaced. The current EO in effect for classified information is Executive Order 13526 (text) .

When did Bill Clinton sign Executive Order 12958?

In 1995, United States President Bill Clinton signed this Executive Order. EO 12958 was amended and effectively replaced by President George W. Bush on March 25, 2003, in Executive Order 13292 (text). EO 13292 has itself since been revoked and replaced.

What is Executive Order 12 958 classified national security information?

Executive Order 12,958 — Classified National Security Information. (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.