Governors don’t need background checks to see classified information, says Obama

Though it generally tightens control over classified information that the federal government shares with state and local officials, an executive order President Obama signed on August 18 carves out a special exemption for the 50 state governors, declaring that all elected or appointed governors “may be granted access to classified information without a background investigation…”

Executive Order 13549, which will be published in the Federal Register dated August 23, grants state governors unusually easy access to Secret-level classified information, providing a clearance-granting federal official hasn’t determined that the governor has engaged in any “disqualifying conduct.”

Other than this apparent “green light” for governors, the executive order is intended to build upon four earlier executive orders, issued during the Clinton and Bush administrations, which were designed to ensure that information is made available only to state and local officials who have a genuine need to see it, and that such information is carefully safeguarded.

This latest executive order says state and local officials generally will not be allowed to see information classified higher than the “Secret” level.

“The level of access granted shall not exceed the Secret Level, unless the sponsoring agency determines on a case-by-case basis that the applicant has a demonstrated and foreseeable need for access to Top Secret, Special Access Program, or Sensitive Compartmented Information,” says the notice.

The new order calls for several new security-tightening measures:

• State and local governments will not be allowed to physically store information higher than Secret level, unless the location housing that information is under the full-time control of DHS;
• The Secretary of DHS will serve as the Executive Agent for what will be known as the Classified National Security Information Program;
• A policy advisory committee will be established to discuss policy issues related to classified information shared with state and local officials.

Obama’s new executive order will become effective in February 2011, with the exception of the section that establishes the advisory committee, which becomes effective immediately.