Homeland Security Information Sharing

This executive order delegates presidential functions under the Homeland Security Act of 2002 to the Secretary of Homeland Security, primarily concerning procedures for sharing homeland security information with state and local personnel. It assigns most information-sharing authorities to DHS while reserving certain intelligence and classification functions for the Attorney General and Director of Central Intelligence.

Federal Register Open PDF 68 FR 45149

Key directives

Assign presidential functions under section 892 of Homeland Security Act to Secretary of Homeland Security, except 892(a)(2) and 892(b)(7)
Assign presidential function under section 893 of Act to Secretary, subject to section 2(b)
Secretary's procedures under 892(a)(1) shall apply to all federal agencies
President retains authority to make exceptions to Secretary's procedures
Delegate 892(b)(7) function to Attorney General and Director of Central Intelligence jointly
Secretary shall coordinate with State, Defense, Attorney General, Energy, OMB, DCI, Archivist, and other officers as appropriate
Access determinations for state/local personnel are discretionary, conclusive, and not subject to review or appeal

Who is ordered

Timeline

Immediate

Secretary of Homeland Security assumes assigned presidential functions
Attorney General and DCI jointly assume section 892(b)(7) function

Near term (90d)

Secretary to issue procedures under section 892(a)(1) applying to all federal agencies

Long term

Ongoing interagency coordination for information sharing
Discretionary access determinations for state/local personnel to classified information

Risks & tensions

Non-reviewable discretionary determinations for state/local access to classified information raise due process concerns
Joint exercise of 892(b)(7) by Attorney General and DCI may create coordination friction
Vague 'as the Secretary deems appropriate' coordination requirement lacks enforcement mechanism
General Provision 3 explicitly denies enforceable rights, limiting accountability