Transferring Responsibility for Background Investigations to the Department of Defense

This executive order transfers responsibility for federal background investigations from the Office of Personnel Management's National Background Investigations Bureau (NBIB) to the Department of Defense's newly renamed Defense Counterintelligence and Security Agency (DCSA). It establishes a phased transition with multiple deadlines through September 30, 2019, and excludes DCSA employees from collective bargaining protections under federal labor law due to national security considerations.

Federal Register Open PDF 84 FR 18125

Impact dates

Oct 21, 2019
Subsequent status reports to President every 180 days until transfer complete
Sep 30, 2019
NBIB transition period ends; complete transfer of all designated administrative and operational functions; revoke NBIB delegations
Jul 24, 2019
Council Principals review of vetting policies and report to President
Jun 24, 2019
DCSA serves as primary entity for background investigations for classified access/sensitive positions
Jun 24, 2019
DCSA serves as primary entity for non-DoD government suitability/fitness/credentialing investigations (following OPM delegation)
Jun 24, 2019
Written agreement between Secretary of Defense and OPM Director on support functions transfer
Jun 24, 2019
First status report to President on transfer progress
Jun 24, 2019
OPM must provide complete inventory of NBIB personnel, resources, and assets to DoD
Jun 24, 2019
OPM must execute written agreement with Secretary of Defense

Key directives

Rename DSS to DCSA
DCSA becomes primary federal entity for background investigations by June 24, 2019
Execute written agreement between Secretary of Defense and OPM Director by June 24, 2019
Establish Personnel Vetting Transformation Office
Transfer NBIB functions to DCSA commencing no later than June 24, 2019
NBIB may continue conducting investigations for DCSA until September 30, 2019
OPM must complete transfer of all designated functions and revoke NBIB delegations by September 30, 2019
Exclude DCSA from collective bargaining under chapter 71 of title 5
Submit status reports to President every 180 days until transfer complete
Review vetting policies and submit report to President by July 24, 2019
Develop funding plan for transition activities
Mediate disagreements between DoD and OPM

Who is ordered

Timeline

Immediate

DCSA renamed from DSS
DCSA designated primary entity for background investigations

Near term (90d)

Written agreement between DoD and OPM due June 24, 2019
Transfer commencement by June 24, 2019
First status report to President due June 24, 2019
OPM delegation of non-DoD functions to DCSA by June 24, 2019
OPM inventory of NBIB resources to DoD by June 24, 2019
Council Principals review of vetting policies due July 24, 2019

Long term

NBIB transition period ends September 30, 2019
Complete transfer of all administrative and operational functions by September 30, 2019
180-day status reports continue until transfer complete
Personnel Vetting Transformation Office established
IT system modernization for personnel vetting ongoing

Risks & tensions

Tight 61-day timeline for complex interagency transfer creates implementation risk
OPM delegation of non-DoD functions to DCSA requires explicit action that may face bureaucratic resistance
Collective bargaining exclusion for DCSA employees may generate labor disputes or litigation
IT system modernization requirements are vague on specific standards and timelines
Funding plan development requires OMB concurrence, creating potential for delays if disagreements arise between DoD and OPM
Risk management approach per OMB Circular A-123 is mandated but details are unspecified
'As soon as practicable' for regulatory updates is vague and may delay full implementation