[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]


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                         Presidential Documents 
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  Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / 
Presidential Documents  

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 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