[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

[[Page 1077]]

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.

[[Page 1078]]

    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,

[[Page 1079]]

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.