Wednesday, November 27, 2013

OMB Receives DHS Rule on Classified Information

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received from DHS a copy of their proposed final rule on classified national security information. According to the information in the most recent Unified Agenda the purpose of this rule is:

“The Department of Homeland Security (DHS) is revising its procedures for managing classified national security information. DHS is updating its regulations to incorporate new and revised procedures pursuant to Executive Order 13526, ‘Classified National Security Information.’ Further, DHS is delegating to the Chief Security Officer of DHS the responsibility of serving as the "Senior Agency Official" pursuant to Executive Order 13526.”

It will be interesting to see the justification for going directly to a final rule without publishing a notice of proposed rulemaking.

The EO referenced dates back to 2009 so this is another real quick response to an executive order.

My guess is that this rule will not have a great deal of effect on most folks outside of DHS since most organizations are not set up to received classified information from DHS. Probably the most affected organizations outside of DHS proper will be the various fusion centers around the country.

There is no telling how long it will take OMB to approve this rule. I would be surprised if we see any action before the end of the year.

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