[Weekly Compilation of Presidential Documents Volume 41, Number 26 (Monday, July 4, 2005)]
[Pages 1076-1079]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13381--Strengthening Processes Relating to Determining
Eligibility for Access to Classified National Security Information
June 27, 2005
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
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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
(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.
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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;
(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,
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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.
George W. Bush
The White House,
June 27, 2005.
[Filed with the Office of the Federal Register, 8:45 a.m., June 29,
2005]
Note: This Executive order was released by the Office of the Press
Secretary on June 28, and it was published in the Federal Register on
June 30.