Executive Order 13869-Transferring Responsibility for Background Investigations to the Department of Defense
Issued 2019-04-24 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On April 24, 2019, President Trump signed an order moving the government's background investigation work from the Office of Personnel Management to the Department of Defense. The order renamed the Defense Security Service as the Defense Counterintelligence and Security Agency and made it the primary federal entity for conducting background investigations across the government. This transfer was required by Congress through the National Defense Authorization Act for Fiscal Year 2018, which gave the Secretary of Defense authority to conduct security, suitability, and credentialing background investigations for Defense Department personnel and required a phased transition of these investigations from the National Background Investigations Bureau.
The order affects federal employees and contractors across government who require background checks for security clearances or employment suitability. During a transition period ending by September 30, 2019, the National Background Investigations Bureau and its personnel could continue performing background investigations for the newly established Defense Counterintelligence and Security Agency. The Defense Counterintelligence and Security Agency also continues to serve as the primary Defense Department component for the National Industrial Security Program and handles responsibilities for continuous vetting and insider threat programs.
This matters because it consolidates the government's background investigation function under the Defense Department rather than keeping it with the civilian Office of Personnel Management. The order cites goals of maintaining economies of scale in handling the federal government's background investigation workload, avoiding unnecessary risk, and facilitating needed reforms in this area.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13869 ("Executive Order 13869-Transferring Responsibility for Background Investigations to the Department of Defense") addresses military affairs or arms policy. The President's stated rationale: "Defense component for the National Industrial Security Program and shall execute responsibilities relating to continuous vetting, insider threat programs, and any other responsibilities assigned to it by the Secretary of Defense consistent with law." As Commander in Chief under Article II, Section 2, the President has substantial constitutional authority over military operations, arms transfers, and defense policy. The Arms Export Control Act and related statutes delegate additional authority for approving foreign military sales.
The President's authority here is among the strongest in foreign affairs — courts have traditionally given broad deference to executive decisions in military and national security matters. However, Congress retains oversight through appropriations, War Powers Resolution limits, and statutory frameworks for arms transfers that include notification requirements and congressional review periods.
Official Summary
Administration of Donald J. Trump, 2019 Executive Order 13869—Transferring Responsibility for Background Investigations to the Department of Defense April 24, 2019 By the power vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1 . Findings and Purpose . Section 925 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1564 note) provides that the Secretary of Defense has the authority to conduct security, suitability, and credentialing background investigations for Department of Defense personnel and requires the Secretary, in consultation with the Director of the Office of Personnel Management, to provide for a phased transition to the Department of Defense of the conduct of such investigations conducted by the National Background Investigations Bureau (NBIB). Implementing that legislative mandate while retaining the benefit of economies of scale in addressing the Federal Government's background investigations workload, avoiding unnecessary risk, promoting the ongoing alignment of efforts with respect to vetting Federal employees and contractors, and facilitating needed reforms in this critical area requires that the primary responsibility for conducting background investigations Go