[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Presidential Documents]
[Pages 37953-37955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13098]


[[Page 37951]]

-----------------------------------------------------------------------

Part V





The President





-----------------------------------------------------------------------



Executive Order 13381--Strengthening Processes Relating to Determining 
Eligibility for Access to Classified National Security Information
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 37953]]

                Executive Order 13381 of June 27, 2005

                
Strengthening Processes Relating to Determining 
                Eligibility for Access to Classified National Security 
                Information

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to assist in determining 
                eligibility for access to classified national security 
                information, while taking appropriate account of title 
                III of Public Law 108-458, it is hereby ordered as 
                follows:

                Section 1. Policy. To the extent consistent with 
                safeguarding the security of the United States and 
                protecting classified national security information 
                from unauthorized disclosure, agency functions relating 
                to determining eligibility for access to classified 
                national security information shall be appropriately 
                uniform, centralized, efficient, effective, timely, and 
                reciprocal.

                Sec. 2. Functions of the Office of Management and 
                Budget. The Director of the Office of Management and 
                Budget (Director):

                    (a) may, to ensure the effective implementation of 
                the policy set forth in section 1 of this order, 
                assign, in whole or in part, to the head of any agency 
                (solely or jointly) any process relating to 
                determinations of eligibility for access to classified 
                national security information, with the agency's 
                exercise of such assigned process to be subject to the 
                Director's supervision and to such terms and conditions 
                (including approval by the Office of Management and 
                Budget) as the Director determines appropriate;
                    (b) shall carry out any process that the Director 
                does not assign to another agency (or agencies) under 
                subsection (a);
                    (c) may, after consultation with the Secretary of 
                State, Secretary of Defense, the Attorney General, the 
                Secretary of Energy, the Secretary of Homeland 
                Security, the Director of National Intelligence (DNI), 
                and the Director of the Office of Personnel Management, 
                issue guidelines and instructions to the heads of 
                agencies to ensure appropriate uniformity, 
                centralization, efficiency, effectiveness, and 
                timeliness in processes relating to determinations by 
                agencies of eligibility for access to classified 
                national security information;
                    (d) may, with regard to determining eligibility for 
                access to Sensitive Compartmented Information (SCI) and 
                ``special access programs pertaining to intelligence 
                activities; including special activities, but not 
                including military operational, strategic, and tactical 
                programs'' (Intelligence SAPs) under section 4.3(a) of 
                Executive Order 12958 of April 17, 1995, as amended, 
                issue guidelines and instructions with the concurrence 
                of the DNI to the heads of agencies to ensure 
                appropriate uniformity, centralization, efficiency, 
                effectiveness, and timeliness in making such 
                determinations relating to those programs;
                    (e) may, with regard to determining eligibility for 
                access to special access programs (SAP) as defined in 
                Executive Order 12958 other than Intelligence SAPs, 
                issue guidelines and instructions with the concurrence 
                of the agency head with responsibility for the SAP to 
                ensure appropriate uniformity, centralization, 
                efficiency, effectiveness, and timeliness in making 
                such determinations relating to those programs;
                    (f) may report periodically to the President on 
                implementation by agencies of the policy set forth in 
                section 1; and

[[Page 37954]]

                    (g) shall submit reports to the Congress relating 
                to the subject matter of this order to the extent 
                required by law.

                Sec. 3. Functions of the Heads of Agencies. (a) Heads 
                of agencies shall:

                    (i) carry out any process assigned to the agency 
                head by the Director under subsection 2(a) of this 
                order, and shall assist the Director in carrying out 
                any process under subsection 2(b);
                    (ii) implement guidelines and instructions issued 
                by the Director under subsections 2(c), 2(d), and 2(e) 
                of this order;
                    (iii) to the extent permitted by law, make 
                available to the Director such information as the 
                Director may request to implement this order;
                    (iv) ensure that all actions taken under this order 
                take appropriate account of the counterintelligence 
                interests of the United States; and
                    (v) ensure that all actions taken under this order 
                are consistent with the DNI's responsibility to protect 
                intelligence sources and methods.
                    (b) The Director and other heads of agencies shall 
                ensure that all actions taken under this order are 
                consistent with the President's constitutional 
                authority to (i) conduct the foreign affairs of the 
                United States, (ii) withhold information the disclosure 
                of which could impair the foreign relations, the 
                national security, the deliberative processes of the 
                Executive, or the performance of the Executive's 
                constitutional duties, (iii) recommend for 
                congressional consideration such measures as the 
                President may judge necessary or expedient, and (iv) 
                supervise the unitary executive branch.

                Sec. 4. Definitions. As used in this order:

                    (a) the term ``agencies'' means: (i) any 
                ``executive department'' as defined in section 101 of 
                title 5, United States Code, as well as the Department 
                of Homeland Security; (ii) any ``military department'' 
                as defined in section 102 of title 5, United States 
                Code; (iii) any ``government corporation'' as defined 
                in section 103 of title 5, United States Code; and (iv) 
                any ``independent establishment'' as defined in section 
                104 of title 5, United States Code, but excluding the 
                Government Accountability Office and including the 
                United States Postal Service and the Postal Rate 
                Commission.
                    (b) the term ``classified national security 
                information'' means information that is classified 
                pursuant to Executive Order 12958;
                    (c) the term ``counterintelligence'' has the 
                meaning specified for that term in section 3 of the 
                National Security Act of 1947 (50 U.S.C. 401a); and
                    (d) the term ``process'' means: (i) oversight of 
                determinations of eligibility for access to classified 
                national security information, including for SCI and 
                SAPs made by any agency, as well as the acquisition of 
                information through investigation or other means upon 
                which such determinations are made; (ii) developing and 
                implementing uniform and consistent policies and 
                procedures to ensure the effective, efficient, and 
                timely completion of access eligibility determinations, 
                to include for SAPs; (iii) designating an authorized 
                agency for making access eligibility determinations and 
                an authorized agency for collecting information through 
                investigation upon which such determinations are made; 
                (iv) ensuring reciprocal recognition of determinations 
                of eligibility for access to classified information 
                among the agencies of the United States Government, 
                including resolution of disputes involving the 
                reciprocity of security clearances and access to SCI 
                and SAPs; (v) ensuring the availability of resources to 
                achieve clearance and investigative program goals 
                regarding the making of access determinations as well 
                as the collection of information through investigation 
                and other means upon which such determinations are 
                made; and (vi) developing tools and techniques for 
                enhancing the making of access eligibility 
                determinations as well as the collection of information 
                through investigation and other means upon which such 
                determinations are made.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to supersede, impede, or otherwise 
                affect:

(1)

 Executive Order 10865 of February 20, 1960, as amended;

[[Page 37955]]

(2)

 Executive Order 12333 of December 4, 1981, as amended;

(3)

 Executive Order 12958, as amended;

(4)

 Executive Order 12968 of August 2, 1995;

(5)

 Executive Order 12829 of January 6, 1993, as amended;

(6)

 subsections 102A(i) and (j) of the National Security Act of 1947 (50 
U.S.C. 403-1(i) and (j)); and

(7)

 sections 141 through 146 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 
through 2166).

                    (b) Executive Order 12171 of November 19, 1979, as 
                amended, is further amended by inserting after section 
                after 1-215 the following new section: ``1-216. The 
                Center for Federal Investigative Services, Office of 
                Personnel Management.''
                    (c) Nothing in this order shall be construed to 
                impair or otherwise affect any authority of the 
                Director, including with respect to budget, 
                legislative, or administrative proposals. The Director 
                may use any authority of the Office of Management and 
                Budget in carrying out this order.
                    (d) Existing delegations of authority to any agency 
                relating to granting access to classified information 
                and conducting investigations shall remain in effect, 
                subject to the authority of the Office of Management 
                and Budget under section 2 of this order to revise or 
                revoke such delegation.
                    (e) This order is intended solely to improve the 
                internal management of the executive branch and is not 
                intended to, and does not, create any right or benefit, 
                substantive or procedural, enforceable at law or in 
                equity by a party against the United States, its 
                departments, agencies, entities, officers, employees, 
                or agents, or any other person.

                Sec. 6. Submission of Report and Expiration of Order.

                    (a) The Director shall submit a report to the 
                President, on or before April 1, 2006, on the 
                implementation of this order and the policy set forth 
                in section 1 of this order.
                    (b) Unless extended by the President, this order 
                shall expire on July 1, 2006.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    June 27, 2005.

[FR Doc. 05-13098
Filed 6-29-05; 8:45 am]
Billing code 3195-01-P