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in: Definition, Publication

Executive Order

Revision as of 04:49, 3 September 2013 by Mdscott (talk | contribs) (→‎Jimmy Carter (1977-1981) (EO 11967-12286))
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Definition

An Executive Order is

“ an order of the President of the United States or the Chief Executive of a state that has the force of law and that is published in a manner permitting regular public access.[1] ”

Overview

Because the federal government is a government of limited powers, executive actions must find support in either: (1) a power enumerated under Article II of the U.S. Constitution; or (2) authority delegated to the executive by Congress pursuant to one or more of Congress' enumerated Article I powers. Within this framework, some actions are impliedly authorized as means to achieve ends authorized by enumerated powers.[2]

The Supreme Court's separation-of-powers jurisprudence makes clear that the President may occasionally act pursuant to his inherent powers under the Constitution without express or implied authorization from Congress. These powers include the President's war and foreign affairs powers.

Executive Orders

“ are limited in at least three important ways:
  • Though they are authoritative statements of presidential direction, their implementation must be consistent with existing statutory law.
  • Executive orders have the force of law, but only with respect to executive branch agencies.
  • Executive orders have no direct impact or force on private sector entities, although because they change the behavior of government, they can have considerable indirect impact."[3]
 ”

Specific Executive Orders

There are a number of Executive Orders that have been issued by successive Presidents, which relate to information technology and information law. Those discussed in this Wiki include (in reverse chronological order):

Barack Obama (2009-Present) (EO 13489-)

  • Executive Order 13636: Improving Critical Infrastructure Cybersecurity (Feb. 19, 2013).
  • Executive Order 13618: Assignment of National Security and Emergency Preparedness Communications Functions (July 6, 2012).
  • Executive Order 13616: Accelerating Broadband Infrastructure Deployment (June 14, 2012).
  • Executive Order 13587: Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information (Oct. 7, 2011).
  • Executive Order 13584: Developing an Integrated Strategic Counterterrorism Communications Initiative and Establishing a Temporary Organization to Support Certain Government-wide Communications Activities Directed Abroad (Sept. 9, 2011).
  • Executive Order 13576: Delivering an Efficient, Effective, and Accountable Government (June 13, 2011).
  • Executive Order 13571: Streamlining Service Delivery and Improving Customer Service (Apr. 27, 2011).
  • Executive Order 13565: Establishment of the Intellectual Property Enforcement Advisory Committees (Feb. 8, 2011).
  • Executive Order 13563: Improving Regulation and Regulatory Review (Jan. 18, 2011).
  • Executive Order 13558: Export Coordination Enforcement Center (Nov. 9, 2010).
  • Executive Order 13556: Controlled Unclassified Information (Nov 4, 2010).
  • Executive Order 13549: Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities (Aug. 18, 2010).
  • Executive Order 13539: President's Council of Advisors on Science and Technology, (Apr. 21, 2010).
  • Executive Order 13526: Classified National Security Information (Dec. 29, 2009).
  • Executive Order 13497: Revocation of Certain Executive Orders Concerning Regulatory Planning and Review (Feb. 4, 2009).

George W. Bush (2001-2009) (EO 13198-13488)

  • Executive Order 13478: Amendments To Executive Order 9397 Relating To Federal Agency Use of Social Security Numbers (Nov. 18, 2008).
  • Executive Order 13475: Further Amendments To Executive Orders 12139 And 12949 in Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Oct. 7, 2008).
  • Executive Order 13470: Further Amendments to Executive Order 12333, United States Intelligence Activities (July 30, 2008).
  • Executive Order 13467: Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information (June 30, 2008).
  • Executive Order 13462: President's Intelligence Advisory Board and Intelligence Oversight Board (Feb. 29, 2008).
  • Executive Order 13407: Public Alert and Warning System (June 26, 2006).
  • Executive Order 13402: Strengthening Federal Efforts To Protect Against Identity Theft (May 10, 2006), amended by Executive Order 13414.
  • Executive Order 13392: Improving Agency Disclosure of Information (Dec. 14, 2005).
  • Executive Order 13388: Further Strengthening the Sharing of Terrorism Information to Protect Americans (Oct. 25, 2005).
  • Executive Order 13381: Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information (June 27, 2005).
  • Executive Order 13356: Strengthening the Sharing of Terrorism Information To Protect Americans (Aug. 27, 2004).
  • Executive Order 13355: Strengthened Management of the Intelligence Community (Aug. 27, 2004).
  • Executive Order 13354: National Counterterrorism Center (Aug. 27, 2004).
  • Executive Order 13353: Establishing the President's Board on Safeguarding Americans’ Civil Liberties (Aug. 27, 2004).
  • Executive Order 13349: Amending Executive Order 13226 to Designate the President's Council of Advisors on Science and Technology to Serve as the National Nanotechnology Advisory Panel (Apr. 23, 2004).
  • Executive Order 13335: Incentives for the Use of Health Information Technology and Establishing the Position of the National Health Information Technology Coordinator (Apr. 24, 2004).
  • Executive Order 13311: Homeland Security Information Sharing (July 29, 2003).
  • Executive Order 13292: Further Amendment to Executive Order 12958, as amended, Classified National Security Information (Mar. 25, 2003).
  • Executive Order 13286: Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security (Feb. 28, 2003).
  • Executive Order 13284: Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security (Jan. 23, 2003).
  • Executive Order 13283: Establishing the Office of Global Communications (Jan. 21, 2003).
  • Executive Order 13233: Limited Access to the Records of Former Presidents (Nov. 1, 2001).
  • Executive Order 13231: Critical Infrastructure Protection in the Information Age (Oct. 16, 2001), as amended.
  • Executive Order 13228: Establishing the Office of Homeland Security and the Homeland Security Council (Oct. 8, 2001).
  • Executive Order 13226: President's Council of Advisors on Science and Technology (Sept. 30, 2001).
  • Executive Order 13218: 21st Century Workforce Initiative (June 20, 2001).

William J. Clinton (1993-2001) (EO 12834-13197)

George H.W. Bush (1989-1993) (EO 12668-12833)

Ronald Reagan (1981-1989) (EO 12287-12667)

  • Executive Order 12656: Assigmment of Emergency Preparedness Responsibilities (Nov. 18, 1988).
  • Executive Order 12600: Predisclosure Procedures for Confidential Commercial Information (June 23, 1987).
  • Executive Order 12591: Facilitating Access to Science and Technology (Apr. 10, 1987).
  • Executive Order 12537: President's Foreign Intelligence Advisory Board (Oct. 28, 1985).
  • Executive Order 12472: Assignment of National Security and Emergency Preparedness Telecommunications Functions (Apr. 3, 1984), as amended.
  • Executive Order 12382: President's National Security Telecommunications Advisory Committee, as amended.
  • Executive Order 12356: National Security Information (Apr. 2, 1982).
  • Executive Order 12334: President's Intelligence Oversight Board (Dec. 4, 1981).
  • Executive Order 12333: United States Intelligence Activities (Dec. 4, 1981), as amended by Executive Order 13470.
  • Executive Order 12331: President's Foreign Intelligence Advisory Board (Oct. 20, 1981).

Jimmy Carter (1977-1981) (EO 11967-12286)

Gerald Ford (1974-1977) (EO 11798-11966)

Richard Nixon (1969-1974) (EO 11452-11797)

  • Executive Order 11717: Transferring Certain Functions from the Office of Management and Budget to the General Services Administration and the Department of Commerce (May 9, 1973).
  • Executive Order 11652: Classification and Declassification of National Security Information and Material (Mar. 8, 1972).
  • Executive Order 11556: Assigning Telecommunications Functions (Sept. 4, 1970).
  • Executive Order 11460: Establishing the President's Intelligence Advisory Board (Mar. 20, 1969).

Lyndon B. Johnson (1963-1969) (EO 11128-11451)

  • Executive Order 11215: Establishing the President's Commission on the Patent System (Apr. 8, 1965).
  • Executive Order 11191: Providing for the Carrying Out of Certain Provisions of the Communications Satellite Act of 1962 (Jan. 4, 1965).

John F. Kennedy (1961-1963) (EO 10914-11127)

  • Executive Order 10995: Assigning Telecommunications Management Functions (Feb. 16, 1962).
  • Executive Order 10938: Establishing the President's Foreign Intelligence Advisory Board (May 4, 1961).
  • Executive Order 10930: Abolishing the Government Patents Board and Providing for the Performance of Its Functions (Mar. 24, 1961).

Dwight D. Eisenhower (1953-1961) (EO 10432-10913)

  • Executive Order 10865: Safeguarding Classified Information Within Industry (1960).
  • Executive Order 10656: Establishing the President's Board of Consultants on Foreign Intelligence Activities (Feb. 6, 1956).
  • Executive Order 10450: Security Requirements for Government Employment (May 27, 1953).

Harry S. Truman (1945–1953)

  • Executive Order 10421: Providing for the Physical Security of Facilities Important to the National Defense (Dec. 31, 1952).
  • Executive Order 10096: Providing for a Uniform Patent Policy for the Government With Respect to Inventions Made by Government Employees and for the Administration of Such Policy (Jan. 23, 1950).
  • Executive Order 9608: Providing for the Termination of the Office of War Information, and for the Disposition of Its Functions and of Certain Functions of the Office of Inter-American Affairs (Aug. 31, 1945).

Franklin D. Roosevelt (1933–1945)

  • Executive Order 9424: Establishing in the United States Patent Office a Register of Government Interest in Patents and Applications for Patents (Feb. 18, 1944).
  • Executive Order 9397: Numbering System for Federal Accounts Relating to Individual Persons (Nov. 22, 1943).

References

  1. ↑ 28 C.F.R. Part 20, Section 20.3(j).
  2. ↑ See McCulloch v. Maryland, 17 U.S. 316 (1819) (upholding Congress' creation of a National Bank as a constitutionally valid means by which to exercise enumerated Article I powers).
  3. ↑ Engaging Privacy and Information Technology in a Digital Age, at 147.

See also

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