ExecutiveOrdersEO
EO 13381Executive OrderG.W. Bush · R

Executive Order 13381

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

This executive order directs the OMB Director to centralize and standardize security clearance processes across federal agencies, with authority to assign, supervise, and issue guidelines for determining eligibility to access classified national security information, including SCI and special access programs. The order includes a built-in expiration mechanism and requires a progress report to the President.

Federal Register Open PDF 70 FR 37953

Impact dates

  1. Order expires unless extended by President

  2. Director submits report to President on implementation

Key directives

  • OMB Director may assign security clearance processes to any agency head with supervisory control
  • OMB shall carry out unassigned processes
  • OMB may issue guidelines for uniformity after consulting State, Defense, DOJ, Energy, DHS, DNI, and OPM
  • OMB may issue SCI/Intelligence SAP guidelines with DNI concurrence
  • OMB may issue non-intelligence SAP guidelines with responsible agency head concurrence
  • Agency heads must implement OMB guidelines and provide requested information
  • All actions must protect counterintelligence interests and DNI's sources/methods responsibilities
  • Report to President on implementation due by April 1, 2006
  • Order expires July 1, 2006 unless extended

Who is ordered

Timeline

Immediate

  • OMB Director gains authority to assign/reassign clearance determination processes across agencies
  • Existing delegations remain in effect pending OMB revision

Near term (90d)

  • OMB may issue guidelines for uniformity and centralization (no fixed deadline)
  • Agency heads must implement assigned processes and assist OMB

Long term

  • Report to President due by April 1, 2006
  • Order expires July 1, 2006 unless extended by President

Risks & tensions

  • Temporary nature (expires July 2006 unless extended) creates implementation uncertainty—may limit agency investment in restructuring
  • Centralization authority concentrated in OMB Director without mandatory consultation for standard assignments (only required for guidelines)
  • DNI concurrence required for SCI/intelligence SAPs but not for standard classified access—potential turf tensions with intelligence community
  • Preservation of existing delegations 'subject to' OMB revision creates dual-authority period with unclear hierarchy
  • Section 5(e) disclaimer bars judicial enforcement—limits accountability for delays or failures in clearance processing
  • Vague 'appropriate account of title III of Public Law 108-458' reference without specifying requirements
Executive Order 13381: Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information · Executive Orders