State governors no longer have to undergo a background investigation to receive classified intelligence information under an executive order signed August 18 by President Obama.

Instead, they're required now to only sign a non-disclosure agreement and stay away from "disqualifying conduct," states executive order number 13549.

In addition, the order establishes a program for sharing intelligence information up to a classified level of "secret" with state and local governments, as well as private sector entities. Involvement in the program requires federal agency sponsorship, and participants may see more highly classified material on only a case by case basis, the order states.

In any case, state, local and tribal officials can only physically possess information up to a secret level so long as they are outside of a location fully managed by the Homeland Security Department or other federal agency, the executive order says.

Information sharing among federal and more local levels of government--and the private sector--has long been viewed as a weakness of national security efforts.

A recent survey by the Government Accountability Office of private sector cybersecurity officials found that 87 percent of surveyed private-sector representatives greatly or moderately expected access to classified or sensitive information, but only 16 percent say they received it.

DHS's efforts to share even just sensitive but unclassified information haven't gained much traction, according to some reports. A June 21 GAO report on the security of intermodal transportation facilities found that 11 of 17 mass transit and passenger rail systems officials who discussed the DHS portal for such information, the Homeland Security Information Network, did not use it for guidance on available security technologies when considering security technology investments.

An October 2008 DHS inspector general report found that the department "has not defined and communicated its homeland security information sharing process to HSIN stakeholders."

For more:
- read executive order 13549
- download the GAO survey of private sector cybersecurity officials' expectations, GAO-10-628 (.pdf)
- download the June 21 GAO report on intermodal transportation security, 10-435R (.pdf)
- go to the October 2008 DHS OIG report on HISN, OIG-09-07 (.pdf)

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