Executive Order 13526: Classified National Security Information

President: Barack Obama

Established the current executive-branch system for classifying declassifying safeguarding and reviewing national-security information.

Status: In effect.

Is Executive Order 13526 still in effect? Yes. Active principal classification order with continuing agency and ISOO implementation.

What does Executive Order 13526 do?

EO 13526 sets the executive branch rules for classifying national-security information. An authorized official must be able to identify a national-security harm from disclosure and place the information in a covered category, such as military plans, foreign government information or intelligence sources and methods. The three levels describe the severity of expected damage: Confidential, Secret and Top Secret. The order also governs derivative classification, marking, safeguarding, challenges to improper classification and declassification. It replaced EO 12958, as amended, while preserving earlier information that remained properly classified. It took effect on June 29, 2010.

Administration position: The order does not allow classification merely to hide illegality, embarrassment or administrative error; information must meet national-security criteria.
SignedDecember 29, 2009
EffectiveJune 29, 2010
OversightInformation Security Oversight Office

Before and after

Before the order

EO 12958, as amended, supplied the previous classification framework. Agencies already had classified holdings and classification guides, so this order did not make all earlier records public or restart their classification periods. Its transition provisions carried forward valid classifications and required agencies to bring their procedures into line with the new rules.

After the order

At the time of original classification, the classifier must mark the level, authority, reason and declassification instructions, subject to limited exceptions. A date or event should be chosen where possible. Otherwise the general marking is 10 years, or up to 25 years if sensitivity requires it. Agencies must mark classified and unclassified portions of a document and train people who apply derivative markings at least every two years.

Permanently valuable records generally enter automatic declassification at 25 years, but the order contains specified exemptions and review procedures. It also provides mandatory declassification review for sufficiently described material, subject to exclusions, and an administrative appeal route. A person may challenge a classification they believe improper through agency procedures without retribution. The National Declassification Center coordinates review of archival records; the Information Security Oversight Office issues directives and monitors agency compliance. These mechanisms concern classification decisions, not an automatic release of every government record.

Who had to do what

Agency / officeActionTiming / position
Agency heads and classifiersApply classification standards and safeguardsContinuing
ISOOIssue directives inspect and reportContinuing
National Declassification CenterCoordinate declassification of permanent recordsContinuing

What happened next

EO 13526 signed.

The order and implementing directive took effect.