[Weekly Compilation of Presidential Documents Volume 44, Number 26 (Monday, July 7, 2008)]
[Pages 932-936]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13467--Reforming Processes Related to Suitability for
Government Employment, Fitness for Contractor Employees, and Eligibility
for Access to Classified National Security Information
June 30, 2008
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to ensure an
efficient, practical, reciprocal, and aligned system for investigating
and determining suitability for Government employment, contractor
employee fitness, and eligibility for access to classified information,
while taking appropriate account of title III of Public Law 108-458, it
is hereby ordered as follows:
PART 1-POLICY, APPLICABILITY, AND DEFINITIONS
Section 1.1. Policy. Executive branch policies and procedures
relating to suitability, contractor employee fitness, eligibility to
hold a sensitive position, access to federally controlled facilities and
information systems, and eligibility for access to classified
information shall be aligned using consistent standards to the extent
possible, provide for reciprocal recognition, and shall ensure cost-
effective, timely,and efficient protection of the national interest,
while providing fair treatment to those upon whom the Federal Government
relies to conduct our Nation's business and protect national security.
Sec. 1.2. Applicability. (a) This order applies to all covered
individuals as defined in section 1.3(g), except that:
(i) the provisions regarding eligibility for physical access to
federally controlled facilities and logical access to
federally controlled information systems do not apply to
individuals exempted in accordance with guidance pursuant to
the Federal Information Security Management Act (title III
of Public Law 107-347) and Homeland Security Presidential
Directive 12; and
(ii) the qualification standards for enlistment, appointment,
and induction into the Armed Forces pursuant to title 10,
United States Code, are unaffected by this order.
(b) This order also applies to investigations and determinations of
eligibility for access to classified information for employees of
agencies working in or for the legislative or judicial branches when
those investigations or determinations are conducted by the executive
branch.
Sec. 1.3. Definitions. For the purpose of this order:
(a) ``Adjudication'' means the evaluation of pertinent data in a
background investigation, as well as any other available information
that is relevant and reliable, to determine whether a covered individual
is:
(i) suitable for Government employment;
(ii) eligible for logical and physical access;
(iii) eligible for access to classified information;
(iv) eligible to hold a sensitive position; or
(v) fit to perform work for or on behalf of the Government as a
contractor employee.
(b) ``Agency'' means any ``Executive agency'' as defined in section
105 of title 5, United States Code, including the ``military
departments,'' as defined in section 102 of title 5, United States Code,
and any other entity within the executive branch that comes into
possession of classified information or has designated positions as
sensitive, except such an entity headed by an officer who is not a
covered individual.
(c) ``Classified information'' means information that has been
determined pursuant to Executive Order 12958 of April 17, 1995, as
amended, or a successor or predecessor order, or the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.) to require protection against
unauthorized disclosure.
(d) ``Continuous evaluation'' means reviewing the background of an
individual who has been determined to be eligible for access to
classified information (including additional
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or new checks of commercial databases, Government databases, and other
information lawfully available to security officials) at any time during
the period of eligibility to determine whether that individual continues
to meet the requirements for eligibility for access to classified
information.
(e) ``Contractor'' means an expert or consultant (not appointed
under section 3109 of title 5, United States Code) to an agency; an
industrial or commercial contractor, licensee, certificate holder, or
grantee of any agency, including all subcontractors; a personal services
contractor; or any other category of person who performs work for or on
behalf of an agency (but not a Federal employee).
(f) ``Contractor employee fitness'' means fitness based on character
and conduct for work for or on behalf of the Government as a contractor
employee.
(g) ``Covered individual'' means a person who performs work for or
on behalf of the executive branch, or who seeks to perform work for or
on behalf of the executive branch, but does not include:
(i) the President or (except to the extent otherwise directed
by the President) employees of the President under section
105 or 107 of title 3, United States Code; or
(ii) the Vice President or (except to the extent otherwise
directed by the Vice President) employees of the Vice
President under section 106 of title 3 or annual legislative
branch appropriations acts.
(h) ``End-to-end automation'' means an executive branch-wide
federated system that uses automation to manage and monitor cases and
maintain relevant documentation of the application (but not an
employment application), investigation, adjudication, and continuous
evaluation processes.
(i) ``Federally controlled facilities'' and ``federally controlled
information systems'' have the meanings prescribed in guidance pursuant
to the Federal Information Security Management Act (title III of Public
Law 107-347) and Homeland Security Presidential Directive 12.
(j) ``Logical and physical access'' means access other than
occasional or intermittent access to federally controlled facilities or
information systems.
(k) ``Sensitive position'' means any position so designated under
Executive Order 10450 of April 27, 1953, as amended.
(l) ``Suitability'' has the meaning and coverage provided in 5 CFR
Part 731.
PART 2-ALIGNMENT, RECIPROCITY, AND GOVERNANCE
Sec. 2.1. Aligned System. (a) Investigations and adjudications of
covered individuals who require a determination of suitability,
eligibility for logical and physical access, eligibility to hold a
sensitive position, eligibility for access to classified information,
and, as appropriate, contractor employee fitness, shall be aligned using
consistent standards to the extent possible. Each successively higher
level of investigation and adjudication shall build upon, but not
duplicate, the ones below it.
(b) The aligned system shall employ updated and consistent standards
and methods, enable innovations with enterprise information technology
capabilities and end-to-end automation to the extent practicable, and
ensure that relevant information maintained by agencies can be accessed
and shared rapidly across the executive branch, while protecting
national security, protecting privacy-related information, ensuring
resulting decisions are in the national interest, and providing the
Federal Government with an effective workforce.
(c) Except as otherwise authorized by law, background investigations
and adjudications shall be mutually and reciprocally accepted by all
agencies. An agency may not establish additional investigative or
adjudicative requirements (other than requirements for the conduct of a
polygraph examination consistent with law, directive, or regulation)
that exceed the requirements for suitability, contractor employee
fitness, eligibility for logical or physical access, eligibility to hold
a sensitive position, or eligibility for access to classified
information without the approval of the Suitability Executive Agent or
Security Executive Agent, as appropriate, and provided that approval to
establish additional requirements shall be limited to circumstances
where additional requirements are necessary
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to address significant needs unique to the agency involved or to protect
national security.
Sec. 2.2. Establishment and Functions of Performance Accountability
Council. (a) There is hereby established a Suitability and Security
Clearance Performance Accountability Council (Council).
(b) The Deputy Director for Management, Office of Management and
Budget, shall serve as Chair of the Council and shall have authority,
direction, and control over the Council's functions. Membership on the
Council shall include the Suitability Executive Agent and the Security
Executive Agent. The Chair shall select a Vice Chair to act in the
Chair's absence. The Chair shall have authority to designate officials
from additional agencies who shall serve as members of the Council.
Council membership shall be limited to Federal Government employees and
shall include suitability and security professionals.
(c) The Council shall be accountable to the President to achieve,
consistent with this order, the goals of reform, and is responsible for
driving implementation of the reform effort, ensuring accountability by
agencies, ensuring the Suitability Executive Agent and the Security
Executive Agent align their respective processes, and sustaining reform
momentum.
(d) The Council shall:
(i) ensure alignment of suitability, security, and, as
appropriate, contractor employee fitness investigative and
adjudicative processes;
(ii) hold agencies accountable for the implementation of
suitability, security, and, as appropriate, contractor
employee fitness processes and procedures;
(iii) establish requirements for enterprise information
technology;
(iv) establish annual goals and progress metrics and prepare
annual reports on results;
(v) ensure and oversee the development of tools and techniques
for enhancing background investigations and the making of
eligibility determinations;
(vi) arbitrate disparities in procedures between the Suitability
Executive Agent and the Security Executive Agent;
(vii) ensure sharing of best practices; and
(viii) advise the Suitability Executive Agent and the Security
Executive Agent on policies affecting the alignment of
investigations and adjudications.
(e) The Chair may, to ensure the effective implementation of the
policy set forth in section 1.1 of this order and to the extent
consistent with law, assign, in whole or in part, to the head of any
agency (solely or jointly) any function within the Council's
responsibility relating to alignment and improvement of investigations
and determinations of suitability, contractor employee fitness,
eligibility for logical and physical access, eligibility for access to
classified information, or eligibility to hold a sensitive position.
Sec. 2.3. Establishment, Designation, and Functions of Executive
Agents. (a) There is hereby established a Suitability Executive Agent
and a Security Executive Agent.
(b) The Director of the Office of Personnel Management shall serve
as the Suitability Executive Agent. As the Suitability Executive Agent,
the Director of the Office of Personnel Management will continue to be
responsible for developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, and timely
completion of investigations and adjudications relating to
determinations of suitability and eligibility for logical and physical
access.
(c) The Director of National Intelligence shall serve as the
Security Executive Agent. The Security Executive Agent:
(i) shall direct the oversight of investigations and
determinations of eligibility for access to classified
information or eligibility to hold a sensitive position made
by any agency;
(ii) shall be responsible for developing uniform and consistent
policies and procedures to ensure the effective, efficient,
and timely completion of investigations and adjudications
relating to determinations of eligibility for access to
classified information or eligibility to hold a sensitive
position;
[[Page 935]]
(iii) may 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 information or eligibility to hold a
sensitive position;
(iv) shall serve as the final authority to designate an agency
or agencies to conduct investigations of persons who are
proposed for access to classified information to ascertain
whether such persons satisfy the criteria for obtaining and
retaining access to classified information or eligibility to
hold a sensitive position;
(v) shall serve as the final authority to designate an agency
or agencies to determine eligibility for access to
classified information in accordance with Executive Order
12968 of August 2, 1995;
(vi) shall ensure reciprocal recognition of eligibility for
access to classified information among the agencies,
including acting as the final authority to arbitrate and
resolve disputes among the agencies involving the
reciprocity of investigations and determinations of
eligibility for access to classified information or
eligibility to hold a sensitive position; and
(vii) may assign, in whole or in part, to the head of any agency
(solely or jointly) any of the functions detailed in (i)
through (vi), above, with the agency's exercise of such
assigned functions to be subject to the Security Executive
Agent's oversight and with such terms and conditions
(including approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate.
(d) Nothing in this order shall be construed in a manner that would
limit the authorities of the Director of the Office of Personnel
Management or the Director of National Intelligence under law.
Sec. 2.4. Additional Functions. (a) The duties assigned to the
Security Policy Board by Executive Order 12968 of August 2, 1995, to
consider, coordinate, and recommend policy directives for executive
branch security policies, procedures, and practices are reassigned to
the Security Executive Agent.
(b) Heads of agencies shall:
(i) carry out any function assigned to the agency head by the
Chair, and shall assist the Chair, the Council, the
Suitability Executive Agent, and the Security Executive
Agent in carrying out any function under sections 2.2 and
2.3 of this order;
(ii) implement any policy or procedure developed pursuant to
this order;
(iii) to the extent permitted by law, make available to the
Performance Accountability Council, the Suitability
Executive Agent, or the Security Executive Agent such
information as may be requested to implement this order;
(iv) ensure that all actions taken under this order take account
of the counterintelligence interests of the United States,
as appropriate; and
(v) ensure that actions taken under this order are consistent
with the President's constitutional authority to:
(A) conduct the foreign affairs of the United States;
(B) 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;
(C) recommend for congressional consideration such measures as
the President may judge necessary or expedient; and
(D) supervise the unitary executive branch.
PART 3-MISCELLANEOUS
Sec. 3. General Provisions. (a) Executive Order 13381 of June 27,
2005, as amended, is revoked. Nothing in this order shall:
(i) supersede, impede, or otherwise affect:
(A) Executive Order 10450 of April 27, 1953, as amended;
(B) Executive Order 10577 of November 23, 1954, as amended;
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(C) Executive Order 12333 of December 4, 1981, as amended;
(D) Executive Order 12829 of January 6, 1993, as amended; or
(E) Executive Order 12958 of April 17, 1995, as amended; nor
(ii) diminish or otherwise affect the denial and revocation
procedures provided to individuals covered by Executive
Order 10865 of February 20, 1960, as amended.
(b) Executive Order 12968 of August 2, 1995 is amended:
(i) by inserting:
``Sec. 3.5. Continuous Evaluation. An individual who has been
determined to be eligible for or who currently has access to classified
information shall be subject to continuous evaluation under standards
(including, but not limited to, the frequency of such evaluation) as
determined by the Director of National Intelligence.''; and
(ii) by striking ``the Security Policy Board shall make
recommendations to the President through the Assistant to
the President for National Security Affairs'' in section
6.3(a) and inserting in lieu thereof ``the Director of
National Intelligence shall serve as the final authority'';
(iii) by striking ``Security Policy Board'' and inserting in lieu
thereof ``Security Executive Agent'' in each instance;
(iv) by striking ``the Board'' in section 1.1(j) and inserting
in lieu thereof ``the Security Executive Agent''; and
(v) by inserting ``or appropriate automated procedures'' in
section 3.1(b) after ``by appropriately trained adjudicative
personnel''.
(c) Nothing in this order shall supersede, impede, or otherwise
affect the remainder of Executive Order 12968 of August 2, 1995, as
amended.
(d) Executive Order 12171 of November 19, 1979, as amended, is
further amended by striking ``The Center for Federal Investigative
Services'' in section 1-216 and inserting in lieu thereof ``The Federal
Investigative Services Division.''
(e) Nothing in this order shall be construed to impair or otherwise
affect the:
(i) authority granted by law to a department or agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative
proposals.
(f) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(g) Existing delegations of authority made pursuant to Executive
Order 13381 of June 27, 2005, as amended, to any agency relating to
granting eligibility for access to classified information and conducting
investigations shall 13 remain in effect, subject to the exercise of
authorities pursuant to this order to revise or revoke such delegation.
(h) If any provision of this order or the application of such
provision is held to be invalid, the remainder of this order shall not
be affected.
(i) This order is intended only 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 any party against the United States, its agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
June 30, 2008.
[Filed with the Office of the Federal Register, 11:00 a.m., July 1,
2008]
Note: This Executive order was published in the Federal Register on July
2.