Original Classification Authority

This presidential order designates specific Executive Office and agency officials with authority to originally classify information as 'Top Secret' or 'Secret' under Executive Order 13526 on classified national security information. It revokes prior classification designations while preserving certain delegations made under the previous executive order regime.

Federal Register Open PDF 75 FR 735

Impact dates

Dec 29, 2009
Prior presidential designations revoked and new authorities take effect

Key directives

Designate 22 officials with Top Secret original classification authority
Designate 6 officials with Secret original classification authority
Prohibit delegation by Director of ISOO, Secretary of Agriculture, and EPA Administrator
Establish referral process for agency heads without classification authority who have exceptional need
Revoke prior presidential designations effective date of order
Preserve certain delegations made under EO 12958 section 1.4 if officials remain delegable

Who is ordered

Timeline

Immediate

Prior presidential designations for original classification authority revoked as of December 29, 2009
New Top Secret and Secret classification authorities take effect
Certain delegations under EO 12958 preserved if officials are delegable under new order

Near term (90d)

—

Long term

Ongoing classification authority structure for national security information

Risks & tensions

Revocation of prior designations without full grandfathering could create temporary classification authority gaps
Referral process for exceptional needs may slow urgent classification decisions
Non-delegable restrictions on three officials create asymmetric authority structure