Executive Order 13526

Executive Order 13526 is a key directive issued by President Barack Obama that establishes the modern framework for the United States Government's system of classifying, safeguarding, and declassifying national security information. It superseded the previous order, Executive Order 12958, as amended, aiming to create a more uniform and transparent process while protecting sensitive data vital to American national security. The order outlines specific procedures for classification authority, declassification, and the protection of intelligence sources and methods.

Issuance and Purpose

The order was formally issued on December 29, 2009, following a comprehensive review of classification policies. Its primary purpose, as stated in the text, is to balance the imperative of protecting information that could harm the national security of the United States with the public's interest in transparency and accountability. This directive was part of a broader initiative by the Obama Administration to reform government secrecy, which also included efforts to improve the Freedom of Information Act process. The order explicitly revokes several prior orders, including Executive Order 12958 and Executive Order 13292, consolidating and updating their provisions under a single, revised authority.

Classified Information

The order defines three levels of classification—Top Secret, Secret, and Confidential—based on the potential damage to national security from unauthorized disclosure. It strictly limits classification to information pertaining to specific categories, such as military plans, weapons of mass destruction, intelligence activities, and foreign relations of the United States. The authority to classify information originally is vested primarily in the President of the United States, the Vice President of the United States, and agency heads designated by the President. A significant provision prohibits classification to conceal violations of law, inefficiency, or administrative error, or to prevent embarrassment to the United States Government.

Declassification Procedures

A major focus of the order is establishing systematic procedures for declassification. It mandates that all classified records shall be declassified automatically after 25 years, unless they fall under specific exemptions requiring continued protection, such as revealing the identity of a confidential human intelligence source or compromising cryptologic systems. The National Archives and Records Administration, through the National Declassification Center, is tasked with prioritizing and coordinating the review of these historically valuable records. The order also provides for mandatory review declassification, allowing individuals or entities to request the review of specific classified information.

Security Clearances

The order directs the Director of National Intelligence to standardize procedures for security clearances that allow personnel access to classified information. It requires consistent and reciprocal recognition of clearances across the Executive Branch of the United States Government. The Office of Personnel Management and the Defense Counterintelligence and Security Agency play key roles in conducting background investigations. The directive emphasizes the need for continuous evaluation of cleared personnel and reinforces the principle that access to classified information is granted only to individuals with a demonstrated need-to-know and who have been determined to be trustworthy.

Implementation and Oversight

Implementation of the order is coordinated by several key officials and bodies. The National Security Advisor is responsible for policy oversight, while the Information Security Oversight Office, a component of the National Archives and Records Administration, monitors compliance across the government. The Interagency Security Classification Appeals Panel provides a forum for resolving disputes regarding classification and declassification decisions. Furthermore, the order requires agency heads to establish internal programs for oversight and to provide training for personnel involved in classification and declassification activities, ensuring consistent application of its provisions throughout the federal government of the United States.

Category:Executive orders of Barack Obama Category:United States federal government administration Category:United States national security law