issue-2010-11-09•Federal Register executive orders — 2010-11-09
Federal Register executive orders — 2010-11-09
issue-2010-11-09Federal Register executive orders — 2010-11-09Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 2010-28365 Providing an Order of Succession Within the Department of Justice
[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Presidential Documents]
[Pages 68679-68680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28365]
Presidential Documents
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 /
Presidential Documents
[[Page 68679]]
Executive Order 13557 of November 4, 2010
Providing an Order of Succession Within the
Department of Justice
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Vacancies Reform Act of
1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the
provisions of section 2 of this order, the following
officers, in the order listed, shall act as and perform
the functions and duties of the office of Attorney
General, during any period in which the Attorney
General, the Deputy Attorney General, the Associate
Attorney General, and any officers designated by the
Attorney General pursuant to 28 U.S.C. 508 to act as
Attorney General have died, resigned, or otherwise
become unable to perform the functions and duties of
the office of Attorney General, until such time as at
least one of the officers mentioned above is able to
perform the functions and duties of that office:
(a) United States Attorney for the Eastern District
of Virginia;
(b) United States Attorney for the District of
Minnesota; and
(c) United States Attorney for the District of
Arizona.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1 of this order in an
acting capacity, by virtue of so serving, shall act as
Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as
Attorney General unless that individual is otherwise
eligible to so serve under the Federal Vacancies Reform
Act of 1998.
(c) Notwithstanding the provisions of this order,
the President retains discretion, to the extent
permitted by law, to depart from this order in
designating an acting Attorney General.
Sec. 3. Executive Order 13481 of December 9, 2008, is
revoked.
[[Page 68680]]
Sec. 4. 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.
(Presidential Sig.)
THE WHITE HOUSE,
November 4, 2010.
[FR Doc. 2010-28365
Filed 11-8-10; 8:45 am]
Billing code 3195-W1-P
Complete official Federal Register PDF
FR Doc. 2010-28360 Controlled Unclassified Information
[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Presidential Documents]
[Pages 68675-68677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28360]
Presidential Documents
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 68675]]
Executive Order 13556 of November 4, 2010
Controlled Unclassified Information
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:
Section 1. Purpose. This order establishes an open and
uniform program for managing information that requires
safeguarding or dissemination controls pursuant to and
consistent with law, regulations, and Government-wide
policies, excluding information that is classified
under Executive Order 13526 of December 29, 2009, or
the Atomic Energy Act, as amended.
At present, executive departments and agencies
(agencies) employ ad hoc, agency-specific policies,
procedures, and markings to safeguard and control this
information, such as information that involves privacy,
security, proprietary business interests, and law
enforcement investigations. This inefficient, confusing
patchwork has resulted in inconsistent marking and
safeguarding of documents, led to unclear or
unnecessarily restrictive dissemination policies, and
created impediments to authorized information sharing.
The fact that these agency-specific policies are often
hidden from public view has only aggravated these
issues.
To address these problems, this order establishes a
program for managing this information, hereinafter
described as Controlled Unclassified Information, that
emphasizes the openness and uniformity of Government-
wide practice.
Sec. 2. Controlled Unclassified Information (CUI).
(a) The CUI categories and subcategories shall
serve as exclusive designations for identifying
unclassified information throughout the executive
branch that requires safeguarding or dissemination
controls, pursuant to and consistent with applicable
law, regulations, and Government-wide policies.
(b) The mere fact that information is designated as
CUI shall not have a bearing on determinations pursuant
to any law requiring the disclosure of information or
permitting disclosure as a matter of discretion,
including disclosures to the legislative or judicial
branches.
(c) The National Archives and Records
Administration shall serve as the Executive Agent to
implement this order and oversee agency actions to
ensure compliance with this order.
Sec. 3. Review of Current Designations.
(a) Each agency head shall, within 180 days of the
date of this order:
(1) review all categories, subcategories, and markings used by the agency
to designate unclassified information for safeguarding or dissemination
controls; and
(2) submit to the Executive Agent a catalogue of proposed categories and
subcategories of CUI, and proposed associated markings for information
designated as CUI under section 2(a) of this order. This submission shall
provide definitions for each proposed category and subcategory and identify
the basis in law, regulation, or Government-wide policy for safeguarding or
dissemination controls.
(b) If there is significant doubt about whether
information should be designated as CUI, it shall not
be so designated.
Sec. 4. Development of CUI Categories and Policies.
[[Page 68676]]
(a) On the basis of the submissions under section 3
of this order or future proposals, and in consultation
with affected agencies, the Executive Agent shall, in a
timely manner, approve categories and subcategories of
CUI and associated markings to be applied uniformly
throughout the executive branch and to become effective
upon publication in the registry established under
subsection (d) of this section. No unclassified
information meeting the requirements of section 2(a) of
this order shall be disapproved for inclusion as CUI,
but the Executive Agent may resolve conflicts among
categories and subcategories of CUI to achieve
uniformity and may determine the markings to be used.
(b) The Executive Agent, in consultation with
affected agencies, shall develop and issue such
directives as are necessary to implement this order.
Such directives shall be made available to the public
and shall provide policies and procedures concerning
marking, safeguarding, dissemination, and decontrol of
CUI that, to the extent practicable and permitted by
law, regulation, and Government-wide policies, shall
remain consistent across categories and subcategories
of CUI and throughout the executive branch. In
developing such directives, appropriate consideration
should be given to the report of the interagency Task
Force on Controlled Unclassified Information published
in August 2009. The Executive Agent shall issue initial
directives for the implementation of this order within
180 days of the date of this order.
(c) The Executive Agent shall convene and chair
interagency meetings to discuss matters pertaining to
the program established by this order.
(d) Within 1 year of the date of this order, the
Executive Agent shall establish and maintain a public
CUI registry reflecting authorized CUI categories and
subcategories, associated markings, and applicable
safeguarding, dissemination, and decontrol procedures.
(e) If the Executive Agent and an agency cannot
reach agreement on an issue related to the
implementation of this order, that issue may be
appealed to the President through the Director of the
Office of Management and Budget.
(f) In performing its functions under this order,
the Executive Agent, in accordance with applicable law,
shall consult with representatives of the public and
State, local, tribal, and private sector partners on
matters related to approving categories and
subcategories of CUI and developing implementing
directives issued by the Executive Agent pursuant to
this order.
Sec. 5. Implementation.
(a) Within 180 days of the issuance of initial
policies and procedures by the Executive Agent in
accordance with section 4(b) of this order, each agency
that originates or handles CUI shall provide the
Executive Agent with a proposed plan for compliance
with the requirements of this order, including the
establishment of interim target dates.
(b) After a review of agency plans, and in
consultation with affected agencies and the Office of
Management and Budget, the Executive Agent shall
establish deadlines for phased implementation by
agencies.
(c) In each of the first 5 years following the date
of this order and biennially thereafter, the Executive
Agent shall publish a report on the status of agency
implementation of this order.
Sec. 6. General Provisions.
(a) This order shall be implemented in a manner
consistent with:
(1) applicable law, including protections of confidentiality and privacy
rights;
(2) the statutory authority of the heads of agencies, including authorities
related to the protection of information provided by the private sector to
the Federal Government; and
[[Page 68677]]
(3) applicable Government-wide standards and guidelines issued by the
National Institute of Standards and Technology, and applicable policies
established by the Office of Management and Budget.
(b) The Director of National Intelligence
(Director), with respect to the Intelligence Community
and after consultation with the heads of affected
agencies, may issue such policy directives and
guidelines as the Director deems necessary to implement
this order with respect to intelligence and
intelligence-related information. Procedures or other
guidance issued by Intelligence Community element heads
shall be in accordance with such policy directives or
guidelines issued by the Director. Any such policy
directives or guidelines issued by the Director shall
be in accordance with this order and directives issued
by the Executive Agent.
(c) This order shall not be construed to impair or
otherwise affect the functions of the Director of the
Office of Management and Budget relating to budgetary,
administrative, and legislative proposals.
(d) 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.
(e) This order shall be implemented subject to the
availability of appropriations.
(f) The Attorney General, upon request by the head
of an agency or the Executive Agent, shall render an
interpretation of this order with respect to any
question arising in the course of its administration.
(g) The Presidential Memorandum of May 7, 2008,
entitled ``Designation and Sharing of Controlled
Unclassified Information (CUI)'' is hereby rescinded.
(Presidential Sig.)
THE WHITE HOUSE,
November 4, 2010.
[FR Doc. 2010-28360
Filed 11-8-10; 8:45 am]
Billing code 3195-W1-P
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