Statement from the President on Preliminary Assessments From Reviews Ordered on the Christmas Day Incident

Statement from the President on preliminary assessments from reviews ordered on the Christmas Day incident
 
This morning, I spoke with John Brennan about preliminary assessments from the ongoing consultations I have ordered into the human and systemic failures that occurred leading up to the attempted act of terrorism on Christmas Day and about our government-wide efforts at continued vigilance on homeland security and counterterrorism efforts. In a separate call, I spoke with Sec. Napolitano to receive an update on both the Department of Homeland Security review of detection capabilities and the enhanced security measures in place since the Christmas Day incident.
 
I anticipate receiving assessments from several agencies this evening and will review those tonight and over the course of the weekend.  On Tuesday, in Washington, I will meet personally with relevant agency heads to discuss our ongoing reviews as well as security enhancements and intelligence-sharing improvements in our homeland security and counterterrorism operations. 
 
 
NOTE: John Brennan is Assistant to the President for Homeland Security and Counterterrorism.

The Obama Administration’s Transparency Policy: Transcript Pt. 1

The Obama Administration’s Transparency Policy:

Executive Order – Classified National Security Information
This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism.  Our democratic principles require that the American people be informed of the activities of their Government.  Also, our Nation’s progress depends on the free flow of information both within the Government and to the American people.  Nevertheless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations.  Protecting information critical to our Nation’s security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities.
NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
PART 1 — ORIGINAL CLASSIFICATION
Section 1.1.  Classification Standards.  (a)  Information may be originally classified under the terms of this order only if all of the following conditions are met:
(1)  an original classification authority is classifying the information;
(2)  the information is owned by, produced by or for, or is under the control of the United States Government;
(3)  the information falls within one or more of the categories of information listed in section 1.4 of this order; and
(4)  the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.
(b)  If there is significant doubt about the need to classify information, it shall not be classified.  This provision does not:
(1)  amplify or modify the substantive criteria or procedures for classification; or
(2)  create any substantive or procedural rights subject to judicial review.
(c)  Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.
(d)  The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
Sec. 1.2.  Classification Levels.  (a)  Information may be classified at one of the following three levels:
(1)  “Top Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(2)  “Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(3)  “Confidential” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.
(b)  Except as otherwise provided by statute, no other terms shall be used to identify United States classified information.
(c)  If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level.
Sec. 1.3.  Classification Authority.  (a)  The authority to classify information originally may be exercised only by:
(1)  the President and the Vice President;
(2)  agency heads and officials designated by the President; and
(3)  United States Government officials delegated this authority pursuant to paragraph (c) of this section.
(b)  Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.
(c)  Delegation of original classification authority.
(1)  Delegations of original classification authority shall be limited to the minimum required to administer this order.  Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.
(2)  “Top Secret” original classification authority may be delegated only by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section.
(3)  “Secret” or “Confidential” original classification authority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated  under section 5.4(d) of this order, provided that official has been delegated “Top Secret” original classification authority by the agency head.
(4)  Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order.  Each delegation shall identify the official by name or position.
(5)  Delegations of original classification authority shall be reported or made available by name or position to the Director of the Information Security Oversight Office.
(d)  All original classification authorities must receive training in proper classification (including the avoidance of over-classification) and declassification as provided in this order and its implementing directives at least once a calendar year.  Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure.  Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this order until such training has taken place.  A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances.  Whenever a waiver is granted, the individual shall receive such training as soon as practicable.
(e)  Exceptional cases.  When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives.  The information shall be transmitted promptly as provided under this order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this information.  That agency shall decide within 30 days whether to classify this information.
Sec. 1.4.  Classification Categories.  Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following:
(a)  military plans, weapons systems, or operations;
(b)  foreign government information;
(c)  intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d)  foreign relations or foreign activities of the United States, including confidential sources;
(e)  scientific, technological, or economic matters relating to the national security;
(f)  United States Government programs for safeguarding nuclear materials or facilities;
(g)  vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(h)  the development, production, or use of weapons of mass destruction.
Sec. 1.5.  Duration of Classification.  (a)  At the time of original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information.  Upon reaching the date or event, the information shall be automatically declassified.  Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section.
(b)  If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it be marked for declassification for up to 25 years from the date of the original decision.
(c)  An original classification authority may extend the duration of classification up to 25 years from the date of origin of the document, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed.
(d)  No information may remain classified indefinitely.  Information marked for an indefinite duration of classification under predecessor orders, for example, marked as “Originating Agency’s Determination Required,” or classified information that contains incomplete declassification instructions or lacks declassification instructions shall be declassified in accordance with part 3 of this order.
Sec. 1.6.  Identification and Markings.  (a)  At the time of original classification, the following shall be indicated in a manner that is immediately apparent:
(1)  one of the three classification levels defined in section 1.2 of this order;
(2)  the identity, by name and position, or by personal identifier, of the original classification authority;
(3)  the agency and office of origin, if not otherwise evident;
(4)  declassification instructions, which shall indicate one of the following:
(A)  the date or event for declassification, as prescribed in section 1.5(a);
(B)  the date that is 10 years from the date of original classification, as prescribed in section 1.5(b);
(C)  the date that is up to 25 years from the date of original classification, as prescribed in section 1.5(b); or
(D)  in the case of information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the marking prescribed in implementing directives issued pursuant to this order; and
(5)  a concise reason for classification that, at a minimum, cites the applicable classification categories in section 1.4 of this order.
(b)  Specific information required in paragraph (a) of this section may be excluded if it would reveal additional classified information.
(c)  With respect to each classified document, the agency originating the document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are unclassified.  In accordance with standards prescribed in directives issued under this order, the Director of the Information Security Oversight Office may grant and revoke temporary waivers of this requirement.  The Director shall revoke any waiver upon a finding of abuse.
(d)  Markings or other indicia implementing the provisions of this order, including abbreviations and requirements to safeguard classified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order.
(e)  Foreign government information shall retain its original classification markings or shall be assigned a U.S. classification that provides a degree of protection at least equivalent to that required by the entity that furnished the information.  Foreign government information retaining its original classification markings need not be assigned a U.S. classification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. classification markings.
(f)  Information assigned a level of classification under this or predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings.  Whenever such information is used in the derivative classification process or is reviewed for possible declassification, holders of such information shall coordinate with an appropriate classification authority for the application of omitted markings.
(g)  The classification authority shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form.
(h)  Prior to public release, all declassified records shall be appropriately marked to reflect their declassification.
Sec. 1.7.  Classification Prohibitions and Limitations. 
(a)  In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1)  conceal violations of law, inefficiency, or administrative error;
(2)  prevent embarrassment to a person, organization, or agency;
(3)  restrain competition; or
(4)  prevent or delay the release of information that does not require protection in the interest of the national security.
(b)  Basic scientific research information not clearly related to the national security shall not be classified.
(c)  Information may not be reclassified after declassification and release to the public under proper authority unless:
(1)  the reclassification is personally approved in writing by the agency head based on a document-by-document determination by the agency that reclassification is required to prevent significant and demonstrable damage to the national security;
(2)  the information may be reasonably recovered without bringing undue attention to the information;
(3)  the reclassification action is reported promptly to the Assistant to the President for National Security Affairs (National Security Advisor) and the Director of the Information Security Oversight Office; and
(4)  for documents in the physical and legal custody of the National Archives and Records Administration (National Archives) that have been available for public use, the agency head has, after making the determinations required by this paragraph, notified the Archivist of the United States (Archivist), who shall suspend public access pending approval of the reclassification action by the Director of the Information Security Oversight Office.  Any such decision by the Director may be appealed by the agency head to the President through the National Security Advisor.  Public access shall remain suspended pending a prompt decision on the appeal.
(d)  Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with the personal participation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order.  The requirements in this paragraph also apply to those situations in which information has been declassified in accordance with a specific date or event determined by an original classification authority in accordance with section 1.5 of this order.
(e)  Compilations of items of information that are individually unclassified may be classified if the compiled information reveals an additional association or relationship that:  (1) meets the standards for classification under this order; and (2) is not otherwise revealed in the individual items of information.
Sec. 1.8.  Classification Challenges.  (a)  Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the information in accordance with agency procedures established under paragraph (b) of this section.
(b)  In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information, including authorized holders outside the classifying agency, are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified.  These procedures shall ensure that:
(1)  individuals are not subject to retribution for bringing such actions;
(2)  an opportunity is provided for review by an impartial official or panel; and
(3)  individuals are advised of their right to appeal agency decisions to the Interagency Security Classification Appeals Panel (Panel) established by section 5.3 of this order.
(c)  Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section.
Sec. 1.9.  Fundamental Classification Guidance Review. 
(a)  Agency heads shall complete on a periodic basis a comprehensive review of the agency’s classification guidance, particularly classification guides, to ensure the guidance reflects current circumstances and to identify classified information that no longer requires protection and can be declassified.  The initial fundamental classification guidance review shall be completed within 2 years of the effective date of this order.
(b)  The classification guidance review shall include an evaluation of classified information to determine if it meets the standards for classification under section 1.4 of this order, taking into account an up-to-date assessment of likely damage as described under section 1.2 of this order.
(c)  The classification guidance review shall include original classification authorities and agency subject matter experts to ensure a broad range of perspectives.
(d)  Agency heads shall provide a report summarizing the results of the classification guidance review to the Director of the Information Security Oversight Office and shall release an unclassified version of this report to the public.

President Barack Obama Sends Message To The CIA In Regards To Attack In Afghanistan

Earlier this morning, the President sent this message to the CIA workforce in relation to yesterday’s attack in Khost Province, Afghanistan:
 
 
To the men and women of the CIA:
 
I write to mark a sad occasion in the history of the CIA and our country. Yesterday, seven Americans in Afghanistan gave their lives in service to their country. Michelle and I have their families, friends and colleagues in our thoughts and prayers.
 
These brave Americans were part of a long line of patriots who have made great sacrifices for their fellow citizens, and for our way of life. The United States would not be able to maintain the freedom and security that we cherish without decades of service from the dedicated men and women of the CIA. You have helped us understand the world as it is, and taken great risks to protect our country. You have served in the shadows, and your sacrifices have sometimes been unknown to your fellow citizens, your friends, and even your families.
 
In recent years, the CIA has been tested as never before. Since our country was attacked on September 11, 2001, you have served on the frontlines in directly confronting the dangers of the 21st century. Because of your service, plots have been disrupted, American lives have been saved, and our Allies and partners have been more secure. Your triumphs and even your names may be unknown to your fellow Americans, but your service is deeply appreciated. Indeed, I know firsthand the excellent quality of your work because I rely on it every day.
 
The men and women who gave their lives in Afghanistan did their duty with courage, honor and excellence, and we must draw strength from the example of their sacrifice. They will take their place on the Memorial Wall at Langley alongside so many other heroes who gave their lives on behalf of their country. And they will live on in the hearts of those who loved them, and in the freedom that they gave their lives to defend.
 
May God bless the memory of those we lost, and may God bless the United States of America.
 
President Barack Obama

Statement By President Obama On Preliminary Information From His Ongoing Consultations About The Would Be Terrorist Attack At Metro Airport In Detroit

STATEMENT BY THE PRESIDENT
ON PRELIMINAY INFORMATION FROM HIS
ONGOING CONSULTATIONS ABOUT THE DETROIT INCIDENT
 
Kaneohe Bay Marine Base
Kaneohe, Hawaii
 
11:26 A.M. HAST
 
     THE PRESIDENT:   Good morning.  Yesterday I updated the American people on the immediate steps we took — the increased screening and security of air travel — to keep our country safe in the wake of the attempted terrorist attack on Christmas Day.  And I announced two reviews — a review of our terrorist watch list system and a review of our air travel screening, so we can find out what went wrong, fix it and prevent future attacks.
 
Those reviews began on Sunday and are now underway.  Earlier today I issued the former [sic] guidelines for those reviews and directed that preliminary findings be provided to the White House by this Thursday.  It’s essential that we diagnose the problems quickly and deal with them immediately.
 
Now, the more comprehensive, formal reviews and recommendations for improvement will be completed in the coming weeks, and I’m committed to working with Congress and our intelligence, law enforcement and homeland security communities to take all necessary steps to protect the country.
 
     I wanted to speak to the American people again today because some of this preliminary information that has surfaced in the last 24 hours raises some serious concerns.  It’s been widely reported that the father of the suspect in the Christmas incident warned U.S. officials in Africa about his son’s extremist views.  It now appears that weeks ago this information was passed to a component of our intelligence community, but was not effectively distributed so as to get the suspect’s name on a no-fly list.
 
     There appears to be other deficiencies as well.  Even without this one report there were bits of information available within the intelligence community that could have and should have been pieced together.  We’ve achieved much since 9/11 in terms of collecting information that relates to terrorists and potential terrorist attacks.  But it’s becoming clear that the system that has been in place for years now is not sufficiently up to date to take full advantage of the information we collect and the knowledge we have.
 
     Had this critical information been shared it could have been compiled with other intelligence and a fuller, clearer picture of the suspect would have emerged.  The warning signs would have triggered red flags and the suspect would have never been allowed to board that plane for America.
 
     The professionalism of the men and women in our intelligence, counterterrorism and law enforcement and homeland security communities is extraordinary.  They are some of the most hardworking, most dedicated Americans that I’ve ever met.  In pursuit of our security here at home they risk their lives, day in and day out, in this country and around the world.
 
     Few Americans see their work, but all Americans are safer because of their successes.  They have targeted and taken out violent extremists, they have disrupted plots and saved countless American lives; they are making real and daily progress in our mission to disrupt, dismantle and defeat al Qaeda and other extremist networks around the world.  And for this every American owes them a profound and lasting debt of gratitude.
 
     Moreover, as Secretary Napolitano has said, once the suspect attempted to take down Flight 253 — after his attempt it’s clear that passengers and crew, our homeland security systems and our aviation security took all appropriate actions.  But what’s also clear is this:  When our government has information on a known extremist and that information is not shared and acted upon as it should have been, so that this extremist boards a plane with dangerous explosives that could cost nearly 300 lives, a systemic failure has occurred.  And I consider that totally unacceptable.
 
     The reviews I’ve ordered will surely tell us more.  But what already is apparent is that there was a mix of human and systemic failures that contributed to this potential catastrophic breach of security.  We need to learn from this episode and act quickly to fix the flaws in our system, because our security is at stake and lives are at stake.
 
     I fully understand that even when every person charged with ensuring our security does what they are trained to do, even when every system works exactly as intended there is still no one hundred percent guarantee of success.  Yet, this should only compel us to work even harder, to be even more innovative and relentless in our efforts.
 
     As President I will do everything in my power to support the men and women in intelligence, law enforcement and homeland security to make sure they’ve got the tools and resources they need to keep America safe.  But it’s also my job to ensure that our intelligence, law enforcement and homeland security systems and the people in them are working effectively and held accountable.  I intend to fulfill that responsibility and insist on accountability at every level.
 
     That’s the spirit guiding our reviews into the attempted attack on Christmas Day.  That’s the spirit that will guide all our efforts in the days and years ahead.
 
     Thank you very much.