Thursday, August 19, 2010

EO- Sharing Classified Information

Yesterday President Obama signed a new executive order establishing specific authority for Executive Branch agencies to allow “access to classified national security information shared by the Federal Government with State, local, tribal, and private sector (SLTPS) entities” (§ 1.1). This is a relatively detailed EO providing policy guidance and establishing a new SLTPS Policy Advisory Committee. While it will take some time to digest this here is a very brief overview:
● Generally limits the authority to sharing Secret and lower level classified material. ● Provides for non-disclosure agreements as a pre-requisite to sharing of classified information. ● Exempts sitting Governors from requirement for background checks. ● DHS will be responsible for inspecting, accrediting and monitoring SLTPS storage of classified material. ● Prohibits sharing of classified information by State and local government agencies under State and local laws/regulations/ordinances requiring information sharing.
This order goes into effect in 180 days (except for provisions establishing SLTPS Policy Advisory Committee. Presumably this will provide time for DHS to establish inspection, accreditation and monitoring programs. I also expect that some rules will have to be issued. Interestingly there is not the standard provision found in many Executive Orders requiring that they be published in the Federal Register. I suspect that we will see this published in any case.

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