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Classification Security

Classification security is a prescribed uniform system that establishes standards for the protection of national security information (NSI). A national classification security system protects defense-and foreign relations–related information obtained during our interactions with other nations as directed by the president. The president, using constitutional authority, administers the protection of classified information via executive orders (EO). Since 1940, various presidents have established classified security programs for the protection of NSI. The unauthorized release of NSI to the public would cause varying degrees of damage to national interests. The current EO 13526 provides the authority and guidance for defining, protecting, marking, and declassifying NSI throughout the life cycle of the records.

Since the first EO dealing with NSI (EO 8381 issued in 1940), the classification security system has reflected contemporary national security concerns and political environments. The most recent iteration of the EO dealing with NSI (EO 13526 issued on December 29, 2009) inherited most of the characteristics that originated with President Bill Clinton’s groundbreaking EO 12958, further institutionalized by President George W. Bush in 2003, along with a few new items from the current administration of President Barak Obama. The EO places controls on the marking levels and the longevity of classification decisions. The EO also defines what information meets the three classification levels: (1) confidential, (2) secret, and (3) top secret. It is also important to note what the order does not cover: Specifically excluded from the classification system defined by the NSI EO is information covered by the Atomic Energy Act of 1954 dealing with the design, production, and use of nuclear weapons and special nuclear material. This entry describes the procedures and standards for classifying information by the U.S. federal government.

Original Classification Authority

Only executive branch officials may classify information, and they must be designated in writing by the president of the United States. These officials are known as original classification authorities (OCAs). The OCAs are responsible for applying the guidance provided in the EO within their particular agencies. As per the EO, the number of OCAs is limited to keep a measure of control on the production of classified material within the federal government. In addition, OCAs must be able to positively identify the damage to national security if the records they are classifying are inadvertently released.

The OCAs must attend annual mandatory training to understand their responsibilities for classifying information. The training emphasizes such issues as overclassification, classification safeguards, and records declassification. An OCA’s authority can be suspended if the OCA does not attend the annual training.

OCAs are just that—original classification authorities. Other executive branch officials can classify documents, but only when those documents contain information derived from other classified records.

Standards for Eligible Categories

For information to be classified, it must be owned by, produced by or for, or under the control of the U.S. government. Under the current order, the kinds of information eligible for classification fit within the following categories:

  • Military plans, weapons, and military operations
  • Foreign government information—information that originated with another country
  • Intelligence activities (including covert action), intelligence sources and methods, or cryptological systems
  • Foreign relations or foreign activities of the United States, including confidential sources
  • Scientific, technological, or economic matters relating to national security
  • Nuclear information not covered by the Atomic Energy Act of 1954, primarily information dealing with programs that protect and safeguard special nuclear material and nuclear facilities
  • Infrastructure projects, installation plans, and their vulnerabilities or capabilities related to national security
  • The development, production, or use of weapons of mass destruction

There are kinds of information specifically prohibited from security classification. The classification system cannot be used to conceal violations of the law, inefficiencies by persons or organizations, or administrative errors. The system cannot be used to conceal embarrassment to a person or an agency. Security classifications may not be used by contractors or inventors to restrain competition or to prevent or delay the release of information that does not require protection in the interest of national security.

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