Information Security Oversight Office (ISOO)

Home > Information Security Oversight Office (ISOO) > Frequently Asked Questions > Frequently Asked Questions- E.O. 13526 and 32 CFR Part 2001

Frequently Asked Questions- E.O. 13526 and 32 CFR Part 2001

1. What is Classified National Security Information?

  • Classified national security information is information created or received by an agency of the federal government or a government contractor that would damage national security if improperly released. Since 1940, the President has managed the system of classifying information by executive order (E.O.); the most recent order concerning classified national security information is E.O. 13526, signed by President Obama on December 29, 2009.
  • Information can only be classified if an official determination is made that its unauthorized release would damage national security. Levels of classification correspond to levels of supposed damage. E.O. 13526 specifies that information whose release would cause "exceptionally grave damage to the national security" is classified TOP SECRET; information whose release would cause "serious damage" is classified SECRET; CONFIDENTIAL is the lowest category of classified information currently in use. RESTRICTED is an obsolete category that was discontinued in 1953.
  • Classified information may take any form. Though paper documents are most common, there are classified photographs, maps, motion pictures, videotapes, databases, microfilms, hard drives, CDs, etc. Regardless of medium, classified information requires protection until it is formally declassified.
  • The Federal Government's current system of marking and controlling security-classified information dates from World War II. Very little pre-1941 information still meets the criteria for continued classification. Only very specific information dating from before 1942 controlled by the National Security Agency regarding signals intelligence, by the United States Secret Service regarding the protection of the President, and by the U.S. Mint concerning the gold bullion depository at Fort Knox remains classified.

 

2. How is Classified National Security Information stored and protected?

  • If you discover classified materials in your collection and your institution does not have federally approved secure storage, immediately remove the records from public review and restrict access to as few staff members as possible. Until they are ready for transmittal to ISOO, the records should be locked in a safe, filing cabinet, or other secure areas.

 

3. In E.O. 13526, section 4.1(f)(3)(B) who determines "standardized electronic formats?" 

  • An agency head or senior agency official, or with respect to the Intelligence Community, the Director of National Intelligence, makes this determination. 

 

 4. What is the difference between a "confidential human source" and a "human intelligence source?"

  • The two terms are used interchangeably, but "confidential human source" is a term used by the FBI; "human intelligence source" is a term used by the intelligence community.

 

 5. Is there a standard procedure for notifying the Archivist in case of reclassification?

  • Notification of the Archivist would be accomplished in the same manner that official notifications are made to other heads of Executive branch agencies.

 

6. According to section 3.3(j)(1)(C) of E.O. 13526, who is responsible for verifying "a specific and independently verifiable event?"

  • The OCA decides and sends the information to the Interagency Security Classification Appeals Panel (ISCAP) for approval.

 

7.  In E.O. 13526, section 3.7(b)(1), how is "timely" defined?

  • The Director of the National Declassification Center (NDC) will determine when the referral is made; after which the agency will have one year to adjudicate.

 

8.  Who do we contact for information on the SF 312, Nondisclosure Agreement? 

  • Please direct all questions regarding the SF 312 to SECEA@dni.gov

 

9.  Are there any circumstances when I might be allowed to take classified documents home with me?

  • No. Classified material must be safeguarded in accordance with the requirements in E.O. 13526, Part 4, Safeguarding; and 32 CFR 2001, Subpart E, Safeguarding. You must not remove classified material from official premises except to conduct official meetings or conferences, and the material must be returned to safe storage facilities immediately upon the conclusion of the meeting or conference.  Residences are not considered official premises, and you must not remove classified material for reasons of personal convenience or keep it overnight in personal custody.

 

10. Who should be the SAO for an agency?

  • SAO is a senior official at the Assistant Secretary level or its equivalent who has direct responsibility for ensuring the department or agency efficiently and appropriately complies with all applicable records management statutes, regulations, NARA policy, and the requirements of the Directive.
  • The SAO must be located within the organization to make adjustments to agency practices, personnel, and funding as may be necessary to ensure compliance and support the business needs of the department or agency. A partial list of some current SAO job titles includes:

Assistant Secretary

Chief of Staff Chief

Financial Officer

Chief Information Officer

Chief Counsel

Chief Operating Officer

Director of Administration

 

11. How does Classified Information end up in Private Collections?

  • Former government officials and contractors have been known to retain papers containing classified national security information and eventually donate them to private archives. Often, it is not until these records are formally processed that archivists realize a collection contains classified information. If an archive or a library has not received Federal approval to store classified materials, continuing to store the records in an unapproved area could be endangering national security. In these instances, the institution should contact the Information Security Oversight Office (ISOO) at the National Archives and arrange for these records to be securely stored. ISOO will maintain temporary custody of the records through the declassification process.
  • By contacting ISOO you will be respecting the access restrictions placed on that information by the U.S. government. ISOO, in turn, will respect the rights of your institution to maintain the integrity of collections of donated personal papers.

 

 12. How is Classified National Security Information stored and protected?

  • If you discover classified materials in your collection and your institution does not have federally approved secure storage, immediately remove the records from public review and restrict access to as few staff members as possible. Until they are ready for transmittal to ISOO, the records should be locked in a safe, filing cabinet, or other secure areas.

 

13. How do I file a Mandatory Declassification Review (MDR) request?

  • If ISOO determines that the records provided require declassification review by equity-holding agencies, a non-governmental repository will be encouraged to file a Mandatory Declassification Review (MDR) request. The request should come in the form of a formal letter to the Director of ISOO explaining that the institution is filing an MDR for those records furnished to ISOO for temporary custody. ISOO will then contact all equity-holding agencies and provide them with copies of the records for their review.

 

14. How do I find out the MDR Results and Appeal Options?

  • ISOO will communicate the results once all agencies have completed their reviews or after one year’s time, whichever comes first. If an institution is not satisfied with the results of an agency’s review, it may appeal the agency's initial determination. If an agency or agencies fail to review the records within a year, ISOO will notify the requesting institution of its right to appeal directly to the Interagency Security Classification Appeals Panel (ISCAP) for a final determination on the records' classification status.

 

 

 

 

 

Top