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EO 13549Executive OrderObama · D Quiet signal

Executive Order 13549

Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities

This executive order establishes a formal program for sharing classified national security information with state, local, tribal, and private sector entities involved in critical infrastructure protection. It sets security standards for access and safeguarding, designates Homeland Security as the executive agent, and creates an advisory committee to resolve policy disputes and facilitate information sharing.

Federal Register Open PDF 75 FR 51609

Impact dates

  1. Implementing directive due from Secretary of Homeland Security

  2. Executive Order effective date (except Section 3)

Key directives

  • Secretary of Homeland Security to issue implementing directive within 180 days with concurrence of Secretary of Defense, Attorney General, DNI, and ISOO Director
  • DHS to serve as Executive Agent for overall program management and oversight
  • DHS to accredit, inspect, and monitor SLT facilities with classified information access
  • DHS to process security clearance applications for SLTPS personnel on reimbursable basis
  • DHS to develop training for cleared SLTPS personnel
  • Secretary of Defense/cognizant security agency to oversee private sector facilities
  • DNI may inspect programs involving intelligence sources and methods
  • SLTPS Advisory Committee established with ISOO Director as Chair
  • Reciprocal acceptance of all SLTPS clearances and accreditations across agencies
  • Governors may receive classified access without background investigation upon NDA execution
  • Physical custody by SLT entities limited to Secret unless location under full-time federal management

Who is ordered

Timeline

Immediate

  • SLTPS Policy Advisory Committee established (Section 3 effective immediately)

Near term (90d)

  • Implementing directive due from Secretary of Homeland Security within 180 days (by February 14, 2011)
  • EO takes full effect 180 days from signing (February 14, 2011)

Long term

  • Reconciliation of pre-existing clearances and accreditations with new standards
  • Ongoing program management, facility inspections, and security clearance processing
  • Development and maintenance of training programs for cleared SLTPS personnel

Risks & tensions

  • Potential interagency friction given multiple concurrence requirements (Defense, DOJ, DNI, ISOO) for implementing directive
  • Unclear timeline for 'reasonable period' to reconcile pre-existing clearances with new standards
  • Governor access without background investigation creates security tension balanced by non-delegation constraint
  • DHS role as Executive Agent may overlap with existing DOD authorities under EO 12829; text explicitly says no displacement but operational friction possible
  • Private sector definition is broad and discretionary ('determined by the Secretary of Homeland Security'), raising due process concerns flagged in text's disclaimer of enforceable rights
Executive Order 13549: Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities · Executive Orders