Executive Order 13467

932

June 30 / Administration of George W. Bush, 2008

[Filed with the Office of the Federal Register,
10:01 a.m., July 2, 2008]
NOTE: This proclamation and its annexes were
published in the Federal Register on July 3.

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

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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

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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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Administration of George W. Bush, 2008 / June 30
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 ac-

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cess 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;

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(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;

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(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 pol-

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icy 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:

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(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.

Letter to Congressional Leaders on
Extending and Terminating
Generalized System of Preferences
Benefits
June 30, 2008
Dear Madam Speaker: (Dear Mr.
President:)
In accordance with section 502(f) of the
Trade Act of 1974, as amended (the ‘‘1974
Act’’), I am notifying the Congress of my intent to (a) designate the Republic of Serbia

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