Presidential Documents

51609 

Federal Register 

Vol. 75, No. 162 

Monday, August 23, 2010 

Title 3— 

The President 

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 


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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 redisseminated 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 


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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. 


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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; 


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(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. 


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(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. 

THE WHITE HOUSE, 

August 18, 2010. 

[FR Doc. 2010–21016 

Filed 8–20–10; 8:45 am] 

Billing code 3195–W0–P 


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