Sec. 754. Classification authority
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/bill/118/s/2103/rs/section-754·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The authority to classify information originally may be exercised only by— the President and, in the performance of executive duties, the Vice President; the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c). An individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level.
An official of the Federal Government may be delegated original classification authority subject to the following: Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. Authority to originally classify information at the level designated as Top Secret may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2).
Authority to originally classify information at the level designated as Secret or Confidential may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2), or the senior agency official described in section 5.4(d) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, provided that official has been delegated Top Secret original classification authority by the agency head.
Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and (3). Each delegation shall identify the official by name or position title. An individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2). Training described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure.
When an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. An employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to— the agency that has appropriate subject matter interest and classification authority with respect to this information; or if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office.
An agency that receives information pursuant to paragraph (2)(A) or
(4)shall decide within 30 days whether to classify this information. If the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination.
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