Barack Obama - Part 1: Executive Order 13526- Cla**ified National Security Information lyrics

PART 1 -- ORIGINAL CLASSIFICATION Section 1.1. Cla**ification Standards. (a) Information may be originally cla**ified under the terms of this order only if all of the following conditions are met: (1) an original cla**ification authority is cla**ifying 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 cla**ification 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 cla**ification authority is able to identify or describe the damage. (b) If there is significant doubt about the need to cla**ify information, it shall not be cla**ified. This provision does not: (1) amplify or modify the substantive criteria or procedures for cla**ification; or (2) create any substantive or procedural rights subject to judicial review. (c) Cla**ified information shall not be decla**ified 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. Cla**ification Levels. (a) Information may be cla**ified 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 cla**ification 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 cla**ification 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 cla**ification authority is able to identify or describe. (b) Except as otherwise provided by statute, no other terms shall be used to identify United States cla**ified information. (c) If there is significant doubt about the appropriate level of cla**ification, it shall be cla**ified at the lower level. Sec. 1.3. Cla**ification Authority. (a) The authority to cla**ify 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 cla**ify information at a specified level are also authorized to cla**ify information at a lower level. (c) Delegation of original cla**ification authority. (1) Delegations of original cla**ification 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 cla**ification 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 cla**ification 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 cla**ification authority by the agency head. (4) Each delegation of original cla**ification 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 cla**ification authority shall be reported or made available by name or position to the Director of the Information Security Oversight Office. (d) All original cla**ification authorities must receive training in proper cla**ification (including the avoidance of over-cla**ification) and decla**ification 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 cla**ified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to cla**ify information properly or protect cla**ified information from unauthorized disclosure. Original cla**ification authorities who do not receive such mandatory training at least once within a calendar year shall have their cla**ification 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 cla**ification authority originates information believed by that person to require cla**ification, 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 cla**ification authority with respect to this information. That agency shall decide within 30 days whether to cla**ify this information. Sec. 1.4. Cla**ification Categories. Information shall not be considered for cla**ification 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 ma** destruction. Sec. 1.5. Duration of Cla**ification. (a) At the time of original cla**ification, the original cla**ification authority shall establish a specific date or event for decla**ification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically decla**ified. 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 ma** destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section. (b) If the original cla**ification authority cannot determine an earlier specific date or event for decla**ification, information shall be marked for decla**ification 10 years from the date of the original decision, unless the original cla**ification authority otherwise determines that the sensitivity of the information requires that it be marked for decla**ification for up to 25 years from the date of the original decision. (c) An original cla**ification authority may extend the duration of cla**ification up to 25 years from the date of origin of the document, change the level of cla**ification, or recla**ify specific information only when the standards and procedures for cla**ifying information under this order are followed. (d) No information may remain cla**ified indefinitely. Information marked for an indefinite duration of cla**ification under predecessor orders, for example, marked as "Originating Agency's Determination Required," or cla**ified information that contains incomplete decla**ification instructions or lacks decla**ification instructions shall be decla**ified in accordance with part 3 of this order. Sec. 1.6. Identification and Markings. (a) At the time of original cla**ification, the following shall be indicated in a manner that is immediately apparent: (1) one of the three cla**ification levels defined in section 1.2 of this order; (2) the identity, by name and position, or by personal identifier, of the original cla**ification authority; (3) the agency and office of origin, if not otherwise evident; (4) decla**ification instructions, which shall indicate one of the following: (A) the date or event for decla**ification, as prescribed in section 1.5(a); (B) the date that is 10 years from the date of original cla**ification, as prescribed in section 1.5(b); (C) the date that is up to 25 years from the date of original cla**ification, 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 ma** destruction, the marking prescribed in implementing directives issued pursuant to this order; and (5) a concise reason for cla**ification that, at a minimum, cites the applicable cla**ification 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 cla**ified information. (c) With respect to each cla**ified document, the agency originating the document shall, by marking or other means, indicate which portions are cla**ified, with the applicable cla**ification level, and which portions are uncla**ified. 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 cla**ified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order. (e) Foreign government information shall retain its original cla**ification markings or shall be a**igned a U.S. cla**ification 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 cla**ification markings need not be a**igned a U.S. cla**ification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. cla**ification markings. (f) Information a**igned a level of cla**ification under this or predecessor orders shall be considered as cla**ified at that level of cla**ification despite the omission of other required markings. Whenever such information is used in the derivative cla**ification process or is reviewed for possible decla**ification, holders of such information shall coordinate with an appropriate cla**ification authority for the application of omitted markings. (g) The cla**ification authority shall, whenever practicable, use a cla**ified addendum whenever cla**ified information constitutes a small portion of an otherwise uncla**ified document or prepare a product to allow for dissemination at the lowest level of cla**ification possible or in uncla**ified form. (h) Prior to public release, all decla**ified records shall be appropriately marked to reflect their decla**ification. Sec. 1.7. Cla**ification Prohibitions and Limitations. (a) In no case shall information be cla**ified, continue to be maintained as cla**ified, or fail to be decla**ified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarra**ment 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 cla**ified. (c) Information may not be recla**ified after decla**ification and release to the public under proper authority unless: (1) the recla**ification is personally approved in writing by the agency head based on a document-by-document determination by the agency that recla**ification 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 recla**ification 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 recla**ification 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 cla**ified or recla**ified 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 cla**ification 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 decla**ified in accordance with a specific date or event determined by an original cla**ification authority in accordance with section 1.5 of this order. (e) Compilations of items of information that are individually uncla**ified may be cla**ified if the compiled information reveals an additional a**ociation or relationship that: (1) meets the standards for cla**ification under this order; and (2) is not otherwise revealed in the individual items of information. Sec. 1.8. Cla**ification Challenges. (a) Authorized holders of information who, in good faith, believe that its cla**ification status is improper are encouraged and expected to challenge the cla**ification 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 cla**ifying agency, are encouraged and expected to challenge the cla**ification of information that they believe is improperly cla**ified or uncla**ified. 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 Cla**ification 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 Cla**ification Guidance Review. (a) Agency heads shall complete on a periodic basis a comprehensive review of the agency's cla**ification guidance, particularly cla**ification guides, to ensure the guidance reflects current circumstances and to identify cla**ified information that no longer requires protection and can be decla**ified. The initial fundamental cla**ification guidance review shall be completed within 2 years of the effective date of this order. (b) The cla**ification guidance review shall include an evaluation of cla**ified information to determine if it meets the standards for cla**ification under section 1.4 of this order, taking into account an up-to-date a**essment of likely damage as described under section 1.2 of this order. (c) The cla**ification guidance review shall include original cla**ification 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 cla**ification guidance review to the Director of the Information Security Oversight Office and shall release an uncla**ified version of this report to the public.