[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Presidential Documents]
[Pages 51609-51614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21016]
Presidential Documents
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 51609]]
Executive Order 13549 of August 18, 2010
Classified National Security Information Program
for State, Local, Tribal, and Private Sector Entities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, in order to ensure the proper safeguarding of
information shared with State, local, tribal, and
private sector entities, it is hereby ordered as
follows:
Section 1. Establishment and Policy.
Sec. 1.1. There is established a Classified National
Security Information Program (Program) designed to
safeguard and govern access to classified national
security information shared by the Federal Government
with State, local, tribal, and private sector (SLTPS)
entities.
Sec. 1.2. The purpose of this order is to ensure that
security standards governing access to and safeguarding
of classified material are applied in accordance with
Executive Order 13526 of December 29, 2009
(``Classified National Security Information''),
Executive Order 12968 of August 2, 1995, as amended
(``Access to Classified Information''), Executive Order
13467 of June 30, 2008 (``Reforming Processes Related
to Suitability for Government Employment, Fitness for
Contractor Employees, and Eligibility for Access to
Classified National Security Information''), and
Executive Order 12829 of January 6, 1993, as amended
(``National Industrial Security Program''). Procedures
for uniform implementation of these standards by SLTPS
entities shall be set forth in an implementing
directive to be issued by the Secretary of Homeland
Security within 180 days of the date of this order, in
consultation with affected executive departments and
agencies (agencies), and with the concurrence of the
Secretary of Defense, the Attorney General, the
Director of National Intelligence, and the Director of
the Information Security Oversight Office.
Sec. 1.3. Additional policy provisions for access to
and safeguarding of classified information shared with
SLTPS personnel include the following:
(a) Eligibility for access to classified
information by SLTPS personnel shall be determined by a
sponsoring agency. The level of access granted shall
not exceed the Secret level, unless the sponsoring
agency determines on a case-by-case basis that the
applicant has a demonstrated and foreseeable need for
access to Top Secret, Special Access Program, or
Sensitive Compartmented Information.
(b) Upon the execution of a non-disclosure
agreement prescribed by the Information Security
Oversight Office or the Director of National
Intelligence, and absent disqualifying conduct as
determined by the clearance granting official, a duly
elected or appointed Governor of a State or territory,
or an official who has succeeded to that office under
applicable law, may be granted access to classified
information without a background investigation in
accordance with the implementing directive for this
order. This authorization of access may not be further
delegated by the Governor to any other person.
(c) All clearances granted to SLTPS personnel, as
well as accreditations granted to SLTPS facilities
without a waiver, shall be accepted reciprocally by all
agencies and SLTPS entities.
(d) Physical custody of classified information by
State, local, and tribal (SLT) entities shall be
limited to Secret information unless the location
[[Page 51610]]
housing the information is under the full-time
management, control, and operation of the Department of
Homeland Security or another agency. A standard
security agreement, established by the Department of
Homeland Security in consultation with the SLTPS
Advisory Committee, shall be executed between the head
of the SLT entity and the U.S. Government for those
locations where the SLT entity will maintain physical
custody of classified information.
(e) State, local, and tribal facilities where
classified information is or will be used or stored
shall be inspected, accredited, and monitored for
compliance with established standards, in accordance
with Executive Order 13526 and the implementing
directive for this order, by the Department of Homeland
Security or another agency that has entered into an
agreement with the Department of Homeland Security to
perform such inspection, accreditation, and monitoring.
(f) Private sector facilities where classified
information is or will be used or stored shall be
inspected, accredited, and monitored for compliance
with standards established pursuant to Executive Order
12829, as amended, by the Department of Defense or the
cognizant security agency under Executive Order 12829,
as amended.
(g) Access to information systems that store,
process, or transmit classified information shall be
enforced by the rules established by the agency that
controls the system and consistent with approved
dissemination and handling markings applied by
originators, separate from and in addition to criteria
for determining eligibility for access to classified
information. Access to information within restricted
portals shall be based on criteria applied by the
agency that controls the portal and consistent with
approved dissemination and handling markings applied by
originators.
(h) The National Industrial Security Program
established in Executive Order 12829, as amended, shall
govern the access to and safeguarding of classified
information that is released to contractors, licensees,
and grantees of SLT entities.
(i) All access eligibility determinations and
facility security accreditations granted prior to the
date of this order that do not meet the standards set
forth in this order or its implementing directive shall
be reconciled with those standards within a reasonable
period.
(j) Pursuant to section 4.1(i)(3) of Executive
Order 13526, documents created prior to the effective
date of Executive Order 13526 shall not be re-
disseminated to other entities without the consent of
the originating agency. An agency head or senior agency
official may waive this requirement for specific
information that originated within that agency.
Sec. 2. Policy Direction. With policy guidance from the
National Security Advisor and in consultation with the
Director of the Information Security Oversight Office,
the Director of the Office of Management and Budget,
and the heads of affected agencies, the Secretary of
Homeland Security shall serve as the Executive Agent
for the Program. This order does not displace any
authorities provided by law or Executive Order and the
Executive Agent shall, to the extent practicable, make
use of existing structures and authorities to preclude
duplication and to ensure efficiency.
Sec. 3. SLTPS Policy Advisory Committee. (a) There is
established an SLTPS Policy Advisory Committee
(Committee) to discuss Program-related policy issues in
dispute in order to facilitate their resolution and to
otherwise recommend changes to policies and procedures
that are designed to remove undue impediments to the
sharing of information under the Program. The Director
of the Information Security Oversight Office shall
serve as Chair of the Committee. An official designated
by the Secretary of Homeland Security and a
representative of SLTPS entities shall serve as Vice
Chairs of the Committee. Members of the Committee shall
include designees of the heads of the Departments of
State, Defense, Justice, Transportation, and Energy,
the Nuclear Regulatory Commission, the Office of the
Director of
[[Page 51611]]
National Intelligence, the Central Intelligence Agency,
and the Federal Bureau of Investigation. Members shall
also include employees of other agencies and
representatives of SLTPS entities, as nominated by any
Committee member and approved by the Chair.
(b) Members of the Committee shall serve without
compensation for their work on the Committee, except
that any representatives of SLTPS entities may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving
intermittently in the Government service (5 U.S.C.
5701-5707).
(c) The Information Security Oversight Office shall
provide staff support to the Committee.
(d) Insofar as the Federal Advisory Committee Act,
as amended (5 App. U.S.C.)(the ``Act'') may apply to
this order, any functions of the President under that
Act, except that of reporting to the Congress, which
are applicable to the Committee, shall be performed by
the Administrator of General Services in accordance
with guidelines and procedures established by the
General Services Administration.
Sec. 4. Operations and Oversight. (a) The Executive
Agent for the Program shall perform the following
responsibilities:
(1) overall program management and oversight;
(2) accreditation, periodic inspection, and monitoring of all facilities
owned or operated by SLT entities that have access to classified
information, except when another agency has entered into an agreement with
the Department of Homeland Security to perform some or all of these
functions;
(3) processing of security clearance applications by SLTPS personnel, when
requested by a sponsoring agency, on a reimbursable basis unless otherwise
determined by the Department of Homeland Security and the sponsoring
agency;
(4) documenting and tracking the final status of security clearances for
all SLTPS personnel in consultation with the Office of Personnel
Management, the Department of Defense, and the Office of the Director of
National Intelligence;
(5) developing and maintaining a security profile of SLT facilities that
have access to classified information; and
(6) developing training, in consultation with the Committee, for all SLTPS
personnel who have been determined eligible for access to classified
information, which shall cover the proper safeguarding of classified
information and sanctions for unauthorized disclosure of classified
information.
(b) The Secretary of Defense, or the cognizant
security agency under Executive Order 12829, as
amended, shall provide program management, oversight,
inspection, accreditation, and monitoring of all
private sector facilities that have access to
classified information.
(c) The Director of National Intelligence may
inspect and monitor SLTPS programs and facilities that
involve access to information regarding intelligence
sources, methods, and activities.
(d) Heads of agencies that sponsor SLTPS personnel
and facilities for access to and storage of classified
information under section 1.3(a) of this order shall:
(1) ensure on a periodic basis that there is a demonstrated, foreseeable
need for such access; and
(2) provide the Secretary of Homeland Security with information, as
requested by the Secretary, about SLTPS personnel sponsored for security
clearances and SLT facilities approved for use of classified information
prior to and after the date of this order, except when the disclosure of
the association of a specific individual with an intelligence or law
enforcement agency must be protected in the interest of national security,
as determined by the intelligence or law enforcement agency.
[[Page 51612]]
Sec. 5. Definitions. For purposes of this order:
(a) ``Access'' means the ability or opportunity to
gain knowledge of classified information.
(b) ``Agency'' means any ``Executive agency'' as
defined in 5 U.S.C. 105; any military department as
defined in 5 U.S.C. 102; and any other entity within
the executive branch that comes into possession of
classified information.
(c) ``Classified National Security Information'' or
``classified information'' means information that has
been determined pursuant to Executive Order 13526, or
any predecessor or successor order, to require
protection against unauthorized disclosure, and is
marked to indicate its classified status when in
documentary form.
(d) ``Information'' means any knowledge that can be
communicated or documentary material, regardless of its
physical form or characteristics, that is owned by,
produced by or for, or is under the control of the
United States Government.
(e) ``Intelligence activities'' means all
activities that elements of the Intelligence Community
are authorized to conduct pursuant to law or Executive
Order 12333, as amended, or a successor order.
(f) ``Local'' entities refers to ``(A) a county,
municipality, city, town, township, local public
authority, school district, special district,
intrastate district, council of governments (regardless
of whether the council of governments is incorporated
as a nonprofit corporation under State law), regional
or interstate government entity, or agency or
instrumentality of a local government; and (B) a rural
community, unincorporated town or village, or other
public entity'' as defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101(11)).
(g) ``Private sector'' means persons outside
government who are critically involved in ensuring that
public and private preparedness and response efforts
are integrated as part of the Nation's Critical
Infrastructure or Key Resources (CIKR), including:
(1) corporate owners and operators determined by the Secretary of Homeland
Security to be part of the CIKR;
(2) subject matter experts selected to assist the Federal or State CIKR;
(3) personnel serving in specific leadership positions of CIKR
coordination, operations, and oversight;
(4) employees of corporate entities relating to the protection of CIKR; or
(5) other persons not otherwise eligible for the granting of a personnel
security clearance pursuant to Executive Order 12829, as amended, who are
determined by the Secretary of Homeland Security to require a personnel
security clearance.
(h) ``Restricted portal'' means a protected
community of interest or similar area housed within an
information system and to which access is controlled by
a host agency different from the agency that controls
the information system.
(i) ``Sponsoring Agency'' means an agency that
recommends access to or possession of classified
information by SLTPS personnel.
(j) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States, as defined in section
2 of the Homeland Security Act of 2002 (6 U.S.C.
101(15)).
(k) ``State, local, and tribal personnel'' means
any of the following persons:
(1) Governors, mayors, tribal leaders, and other elected or appointed
officials of a State, local government, or tribe;
[[Page 51613]]
(2) State, local, and tribal law enforcement personnel and firefighters;
(3) public health, radiological health, and medical professionals of a
State, local government, or tribe; and
(4) regional, State, local, and tribal emergency management agency
personnel, including State Adjutants General and other appropriate public
safety personnel and those personnel providing support to a Federal CIKR
mission.
(l) ``Tribe'' means any Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that
the Secretary of the Interior acknowledges to exist as
an Indian tribe as defined in the Federally Recognized
Tribe List Act of 1994 (25 U.S.C. 479a(2)).
(m) ``United States'' when used in a geographic
sense, means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, any
possession of the United States and any waters within
the territorial jurisdiction of the United States.
Sec. 6. General Provisions. (a) This order does not
change the requirements of Executive Orders 13526,
12968, 13467, or 12829, as amended, and their successor
orders and directives.
(b) Nothing in this order shall be construed to
supersede or change the authorities of the Secretary of
Energy or the Nuclear Regulatory Commission under the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011
et seq.); the Secretary of Defense under Executive
Order 12829, as amended; the Director of the
Information Security Oversight Office under Executive
Order 13526 and Executive Order 12829, as amended; the
Attorney General under title 18, United States Code,
and the Foreign Intelligence Surveillance Act (50
U.S.C. 1801 et seq.); the Secretary of State under
title 22, United States Code, and the Omnibus
Diplomatic Security and Antiterrorism Act of 1986; or
the Director of National Intelligence under the
National Security Act of 1947, as amended, Executive
Order 12333, as amended, Executive Order 12968, as
amended, Executive Order 13467, and Executive Order
13526.
(c) Nothing in this order shall limit the authority
of an agency head, or the agency head's designee, to
authorize in an emergency and when necessary to respond
to an imminent threat to life or in defense of the
homeland, in accordance with section 4.2(b) of
Executive Order 13526, the disclosure of classified
information to an individual or individuals who are
otherwise not eligible for access in accordance with
the provisions of Executive Order 12968.
(d) Consistent with section 892(a)(4) of the
Homeland Security Act of 2002 (6 U.S.C. 482(a)(4)),
nothing in this order shall be interpreted as changing
the requirements and authorities to protect sources and
methods.
(e) Nothing in this order shall supersede measures
established under the authority of law or Executive
Order to protect the security and integrity of specific
activities and associations that are in direct support
of intelligence operations.
(f) Pursuant to section 892(e) of the Homeland
Security Act of 2002 (6 U.S.C. 482(e)), all information
provided to an SLTPS entity from an agency shall remain
under the control of the Federal Government. Any State
or local law authorizing or requiring disclosure shall
not apply to such information.
(g) Nothing in this order limits the protection
afforded any classified information by other provisions
of law. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
[[Page 51614]]
(h) Nothing in this order shall be construed to
obligate action or otherwise affect functions by the
Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative
proposals.
(i) This order shall be implemented subject to the
availability of appropriations and consistent with
procedures approved by the Attorney General pursuant to
Executive Order 12333, as amended.
Sec. 7. Effective Date. This order is effective 180
days from the date of this order with the exception of
section 3, which is effective immediately.
(Presidential Sig.)
THE WHITE HOUSE,
August 18, 2010.
[FR Doc. 2010-21016
Filed 8-20-10; 8:45 am]
Billing code 3195-W0-P