ExecutiveOrdersEO
EO 13764Executive OrderObama · D Quiet signal

Executive Order 13764

Amending the Civil Service Rules, Executive Order 13488, and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters

This executive order restructures the federal government's security clearance, suitability, and credentialing systems by amending prior executive orders and Civil Service Rules. It establishes the National Background Investigations Bureau (NBIB) as the primary investigative service provider, creates a Performance Accountability Council to drive enterprise-wide reform, and designates specific executive agents (OPM for suitability/credentialing, DNI for security) to standardize vetting processes across agencies with emphasis on reciprocity, continuous vetting, and information technology modernization.

Federal Register Open PDF 82 FR 8115

Impact dates

  1. Council establishment of subordinate entities and mechanisms

  2. DOD design, development, deployment, and operation of NBIB IT systems

Key directives

  • Establish NBIB as primary executive branch service provider for background investigations
  • Designate OPM Director as Suitability and Credentialing Executive Agent
  • Designate DNI as Security Executive Agent
  • Establish Performance Accountability Council chaired by OMB Deputy Director for Management
  • Require continuous vetting for all covered individuals under standards set by Executive Agents
  • Mandate reciprocity of background investigations and adjudications across agencies
  • Direct DOD to design, develop, deploy, operate, secure, and modernize NBIB IT systems
  • Amend Civil Service Rules to establish OPM responsibility for suitability and fitness standards
  • Require FBI fingerprint-based search and other biometric/database searches for vetting
  • Institutionalize continuous performance improvement for vetting policies

Who is ordered

Timeline

Immediate

  • NBIB designated as primary executive branch investigative service provider
  • Performance Accountability Council established
  • Suitability and Credentialing Executive Agent and Security Executive Agent roles formalized
  • Civil Service Rules II, V, and VI amended

Near term (90d)

  • DOD to design, develop, deploy, and operate NBIB IT systems
  • Council to establish subordinate entities and mechanisms
  • Executive Agents to issue guidance on aligned vetting policies

Long term

  • Continuous vetting implementation for all covered individuals
  • Enterprise-wide IT modernization and interoperability
  • Annual progress metrics and reports on vetting enterprise
  • Ongoing reciprocity standardization across agencies

Risks & tensions

  • NBIB was later transferred to DOD (2019), suggesting this governance structure proved unstable
  • Vague 'to the greatest extent practicable' and 'to the extent practicable' language throughout creates enforcement uncertainty
  • Tension between OPM and DOD over IT system control and investigative oversight
  • Reciprocity mandate contains exceptions for agency-specific needs that may undermine standardization
  • Privacy and civil liberties protections stated but operational safeguards unspecified beyond dedicated NBIB official
  • Credentialing Executive Agent must obtain concurrence of other Council Principals, potentially creating deadlock
Executive Order 13764: Amending the Civil Service Rules, Executive Order 13488, and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters · Executive Orders