New Executive Order Awaits Presidential Decision
A new draft executive order on national security classification and declassification policy is expected to be presented to President Obama this week for his personal resolution of issues which remain in dispute among policymakers and affected agencies, especially intelligence agencies.
This marks the first time since the first Bush Administration, nearly two decades ago, that a President has needed to make a final determination on the contents of an executive order because staffers and agencies were unable to reach a consensus view. (Correction: There is a more recent precedent for such presidential involvement. According to Morton Halperin, President Clinton was presented with a “split memo” in 1995 on the question of whether to include a public interest balancing test for declassification in executive order 12958. President Clinton decided against it.)
The currently disputed issues are believed to include the composition of the Interagency Security Classification Appeals Panel, including whether it should include representatives of ODNI or CIA or both, and whether the intelligence agencies should continue to have the veto over Panel declassification decisions that was granted by the George W. Bush Administration.
The final order, which is likely to be issued before the end of December, is expected among other things to direct agencies to conduct a Fundamental Classification Guidance Review in order to eliminate obsolete classification requirements, and to establish a National Declassification Center to coordinate and expedite declassification of historical records, as described in a previous draft dated August 4, 2009.
See “Obama Plan Could Limit Records Hidden From Public” by Pete Yost, Associated Press, December 20, 2009.
This rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it.
Our environmental system was built for 1970s-era pollution control, but today it needs stable, integrated, multi-level governance that can make tradeoffs, share and use evidence, and deliver infrastructure while demonstrating that improved trust and participation are essential to future progress.
Durable and legitimate climate action requires a government capable of clearly weighting, explaining, and managing cost tradeoffs to the widest away of audiences, which in turn requires strong technocratic competency.
FAS is launching the Center for Regulatory Ingenuity (CRI) to build a new, transpartisan vision of government that works – that has the capacity to achieve ambitious goals while adeptly responding to people’s basic needs.