Now does this Executive Order make any sense to anyone?
We had Monica Lewinsky calling the President with her sex games, while
the Mossad was tapping his line through her line.
We had Linda Tripp who superseded her authority in taping telephone
calls and meanwhile hooking up with Mark Fuhrman and this
Goldberg....such loyal Americans.
But there is a pending book, behind every tree.....and what price
loyalty?
We had the CIA Director taking home top secret files; we had Los Alamos
burning down in attempt I believe to destroy evidence and the fires in
the west - not to hard to figure this one.
And then, Linda Tripp has plastic surgery, all ready to go on the TV
circuit - and boom - Clinton is forgotten and she goes back into retreat
- what was that woman paid to do on the job....and what happened to
Vince Foster for she was the last to see him alive? Atares =
unrequited love?
Watch the news media now - except for Fox, all seemed to want Gore in -
and see them start to grovel now - and selling out what little
principles they had to begin with - ever play Hardball with Chris
Mathews? He no longer smiles as he did. He is old hat for the crowd
now hangs out at Fox......goodbye Dan Rather, Jennings, MSNBC,
CNN.....times are getting touch.
[Executive Orders]
White House Press Release
Access To Classified Information
The White House
Office of the Press Secretary
___________________________________________________________
For Immediate Release August 4, 1995
Executive Order
#12968
- - - - - - -
Access To Classified Information
The national interest requires that certain information
be maintained in confidence through a system of classification in order
to protect our citizens, our democratic institutions, and our
participation within the community of nations. The unauthorized
disclosure of information classified in the national interest can cause
irreparable damage to the national security and loss of human life.
Security policies designed to protect classified
information must ensure consistent, cost effective, and
efficient protection of our Nation's classified information, while
providing fair and equitable treatment to those Americans upon whom we
rely to guard our national security.
This order establishes a uniform Federal personnel security program
for employees who will be considered for initial or continued access to
classified information.
Now, Therefore, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is hereby
ordered as follows:
Part 1 Definitions, Access To Classified Information, Financial
Disclosure, And Other Items
Section 1.1. Definitions. For the purposes of this order: (a)
"Agency" means any "Executive agency," as defined in 5 U.S.C. 105, the
"military departments," as defined in 5
U.S.C. 102, and any other entity within the executive branch that comes
into the possession of classified information, including the Defense
Intelligence Agency, National Security Agency, and the National
Reconnaissance Office.
(b) "Applicant" means a person other than an employee who has
received an authorized conditional offer of employment for a position
that requires access to classified information.
(c) "Authorized investigative agency" means an agency
authorized by law or regulation to conduct a counterintelligence
investigation or investigation of persons who are proposed for access to
classified information to ascertain whether such persons satisfy the
criteria for obtaining and retaining access to such information.
(d) "Classified information" means information that has
been determined pursuant to Executive Order No. 12958, or any successor
order, Executive Order No. 12951, or any successor order, or the Atomic
Energy Act of 1954 (42 U.S.C. 2011), to require protection against
unauthorized disclosure.
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(e) "Employee" means a person, other than the President
and Vice President, employed by, detailed or assigned to, an agency,
including members of the Armed Forces; an expert or consultant to an
agency; an industrial or commercial contractor, licensee, certificate
holder, or grantee of an agency, including all subcontractors; a
personal services contractor; or any other category of person who acts
for or on behalf of an agency as determined by the appropriate agency
head.
(f) "Foreign power" and "agent of a foreign power" have
the meaning provided in 50 U.S.C. 1801.
(g) "Need for access" means a determination that an
employee requires access to a particular level of classified
information in order to perform or assist in a lawful and authorized
governmental function.
(h) "Need-to-know" means a determination made by an
authorized holder of classified information that a prospective
recipient requires access to specific classified information in order to
perform or assist in a lawful and authorized governmental function.
(i) "Overseas Security Policy Board" means the Board
established by the President to consider, develop, coordinate and
promote policies, standards and agreements on overseas security
operations, programs and projects that affect all United States
Government agencies under the authority of a Chief of Mission.
(j) "Security Policy Board" means the Board established
by the President to consider, coordinate, and recommend policy
directives for U.S. security policies, procedures, and practices.
(k) "Special access program" has the meaning provided in
section 4.1 of Executive Order No. 12958, or any successor
order.
Sec. 1.2. Access to Classified Information. (a) No
employee shall be granted access to classified information
unless that employee has been determined to be eligible in
accordance with this order and to possess a need-to-know.
(b) Agency heads shall be responsible for establishing
and maintaining an effective program to ensure that access to
classified information by each employee is clearly consistent with the
interests of the national security.
(c) Employees shall not be granted access to classified
information unless they:
(1) have been determined to be eligible for access
under section 3.1 of this order by agency heads or
designated officials based upon a favorable
adjudication of an appropriate investigation of
the employee's background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
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(d) All employees shall be subject to investigation by an
appropriate government authority prior to being granted access to
classified information and at any time during the period of access to
ascertain whether they continue to meet the requirements for access.
(e)(1) All employees granted access to classified
information shall be required as a condition of such access
to provide to the employing agency written consent permitting access by
an authorized investigative agency, for such time as access to
classified information is maintained and for a period of 3 years
thereafter, to:
(A) relevant financial records that are maintained
by a financial institution as defined in 31 U.S.C.
5312(a) or by a holding company as defined in
section 1101(6) of the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3401);
(B) consumer reports pertaining to the employee under
the Fair Credit Reporting Act (15 U.S.C. 1681a); and
(C) records maintained by commercial entities within
the United States pertaining to any travel by the
employee outside the United States.
(2) Information may be requested pursuant to employee
consent under this section where:
(A) there are reasonable grounds to believe, based
on credible information, that the employee or former
employee is, or may be, disclosing classified
information in an unauthorized manner to a foreign
power or agent of a foreign power;
(B) information the employing agency deems credible
indicates the employee or former employee has incurred
excessive indebtedness or has acquired a level of
affluence that cannot be explained by other
information; or
(C) circumstances indicate the employee or former
employee had the capability and opportunity to
disclose classified information that is known to have
been lost or compromised to a foreign power or an
agent of a foreign power.
(3) Nothing in this section shall be construed to
affect the authority of an investigating agency to
obtain information pursuant to the Right to Financial
Privacy Act, the Fair Credit Reporting Act or any
other applicable law.
Sec. 1.3. Financial Disclosure. (a) Not later than
180 days after the effective date of this order, the head of each
agency that originates, handles, transmits, or possesses classified
information shall designate each employee, by position or category where
possible, who has a regular need for access to classified information
that, in the discretion of the agency head, would reveal:
(1) the identity of covert agents as defined in the
Intelligence Identities Protection Act of 1982
(50 U.S.C. 421);
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(2) technical or specialized national intelligence
collection and processing systems that, if disclosed
in an unauthorized manner, would substantially negate
or impair the effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or
use of any code, cipher, or cryptographic system or;
(B) the design, construction, functioning,
maintenance, or repair of any cryptographic equipment;
but not including information concerning the use of
cryptographic equipment and services;
(4) particularly sensitive special access programs,
the disclosure of which would substantially negate
or impair the effectiveness of the information or
activity involved; or
(5) especially sensitive nuclear weapons design
information (but only for those positions that have
been certified as being of a high degree of importance
or sensitivity, as described in section 145(f) of the
Atomic Energy Act of 1954, as amended).
(b) An employee may not be granted access, or hold a
position designated as requiring access, to information
described in subsection (a) unless, as a condition of access to such
information, the employee:
(1) files with the head of the agency a financial
disclosure report, including information with respect
to the spouse and dependent children of the employee,
as part of all background investigations or
reinvestigations;
(2) is subject to annual financial disclosure
requirements, if selected by the agency head; and
(3) files relevant information concerning foreign
travel, as determined by the Security Policy Board.
(c) Not later than 180 days after the effective
date of this order, the Security Policy Board shall develop
procedures for the implementation of this section, including a standard
financial disclosure form for use by employees under subsection (b) of
this section, and agency heads shall identify certain employees, by
position or category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases. As part
of all investigations and reinvestigations
described in section 1.2(d) of this order, agencies may request the
Department of the Treasury, under terms and conditions prescribed by the
Secretary of the Treasury, to search automated data bases consisting of
reports of currency transactions by financial institutions,
international transportation of currency or monetary instruments,
foreign bank and financial accounts, transactions under $10,000 that are
reported as possible money
laundering violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance. The head of each
agency that grants access to classified information shall establish a
program for employees with access to classified information to: (a)
educate employees about individual responsibilities under this order;
and
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(b) inform employees about guidance and assistance
available concerning issues that may affect their eligibility for
access to classified information, including sources of assistance for
employees who have questions or concerns about financial matters, mental
health, or substance abuse.
Part 2 Access Eligibility Policy And Procedure
Sec. 2.1. Eligibility Determinations. (a) Determinations of
eligibility for access to classified information shall be based on
criteria established under this order. Such determinations are separate
from suitability determinations with respect to the hiring or retention
of persons for employment by the government or any other personnel
actions.
(b) The number of employees that each agency determines
are eligible for access to classified information shall be kept to the
minimum required for the conduct of agency functions.
(1) Eligibility for access to classified information
shall not be requested or granted solely to permit
entry to, or ease of movement within, controlled areas
when the employee has no need for access and access to
classified information may reasonably be prevented.
Where circumstances indicate employees may be
inadvertently exposed to classified information in
the course of their duties, agencies are authorized
to grant or deny, in their discretion, facility access
approvals to such employees based on an appropriate
level of investigation as determined by each agency.
(2) Except in agencies where eligibility for access
is a mandatory condition of employment, eligibility
for access to classified information shall only be
requested or granted based on a demonstrated,
foreseeable need for access. Requesting or approving
eligibility in excess of actual requirements is
prohibited.
(3) Eligibility for access to classified information
may be granted where there is a temporary need for
access, such as one-time participation in a classified
project, provided the investigative standards
established under this order have been satisfied.
In such cases, a fixed date or event for expiration
shall be identified and access to classified
information shall be limited to information related
to the particular project or assignment.
(4) Access to classified information shall be
terminated when an employee no longer has a need for
access.
Sec. 2.2. Level of Access Approval. (a) The level at
which an access approval is granted for an employee shall be limited,
and relate directly, to the level of classified
information for which there is a need for access. Eligibility for
access to a higher level of classified information includes eligibility
for access to information classified at a lower level.
(b) Access to classified information relating to a special access
program shall be granted in accordance with procedures established by
the head of the agency that created the program or, for programs
pertaining to intelligence activities
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(including special activities but not including military
operational, strategic, and tactical programs) or intelligence
sources and methods, by the Director of Central Intelligence.
To the extent possible and consistent with the national security
interests of the United States, such procedures shall be consistent with
the standards and procedures established by and under this order.
Sec. 2.3 Temporary Access to Higher Levels. (a) An
employee who has been determined to be eligible for access to
classified information based on favorable adjudication of a completed
investigation may be granted temporary access to a higher level where
security personnel authorized by the agency head to make access
eligibility determinations find that such access:
(1) is necessary to meet operational or contractual
exigencies not expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information
that is made the subject of a written access record.
(b) Where the access granted under subsection (a) of this section
involves another agency's classified information, that agency must
concur before access to its information is granted.
Sec. 2.4. Reciprocal Acceptance of Access Eligibility
Determinations. (a) Except when an agency has substantial
information indicating that an employee may not satisfy the
standards in section 3.1 of this order, background
investi-gations and eligibility determinations conducted under this
order shall be mutually and reciprocally accepted by all agencies.
(b) Except where there is substantial information
indicating that the employee may not satisfy the standards
in section 3.1 of this order, an employee with existing access to a
special access program shall not be denied eligibility for access to
another special access program at the same sensitivity level as
determined personally by the agency head or deputy agency head, or have
an existing access eligibility readjudicated, so long as the employee
has a need for access to the information involved.
(c) This section shall not preclude agency heads from
establishing additional, but not duplicative, investigative or
adjudicative procedures for a special access program or for candidates
for detail or assignment to their agencies, where such procedures are
required in exceptional circumstances to protect the national security.
(d) Where temporary eligibility for access is granted
under sections 2.3 or 3.3 of this order or where the
determination of eligibility for access is conditional, the
fact of such temporary or conditional access shall be conveyed to any
other agency that considers affording the employee access to its
information.
Sec. 2.5. Specific Access Requirement. (a) Employees
who have been determined to be eligible for access to classified
information shall be given access to classified information only where
there is a need-to-know that information.
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(b) It is the responsibility of employees who are
authorized holders of classified information to verify that a
prospective recipient's eligibility for access has been granted by an
authorized agency official and to ensure that a need-to-know exists
prior to allowing such access, and to
challenge requests for access that do not appear well-founded.
Sec. 2.6. Access by Non-United States Citizens.
(a) Where there are compelling reasons in furtherance of an agency
mission, immigrant alien and foreign national employees who possess a
special expertise may, in the discretion of the agency, be granted
limited access to classified information only for specific programs,
projects, contracts, licenses, certificates, or grants for which there
is a need for access. Such individuals shall not be eligible for access
to any greater level of classified information than the United States
Govern-ment has determined may be releasable to the country of which the
subject is currently a citizen, and such limited access may be approved
only if the prior 10 years of the subject's life can be appropriately
investigated. If there are any doubts concerning granting access,
additional lawful investigative procedures shall be fully pursued.
(b) Exceptions to these requirements may be permitted only by the
agency head or the senior agency official designated under section 6.1
of this order to further substantial national security interests.
Part 3 Access Eligibility Standards
Sec. 3.1. Standards. (a) No employee shall be deemed to be
eligible for access to classified information merely by reason of
Federal service or contracting, licensee, certificate holder, or grantee
status, or as a matter of right or privilege, or as a result of any
particular title, rank, position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this
order, eligibility for access to classified information shall be
granted only to employees who are United States citizens for whom an
appropriate investigation has been completed and whose personal and
professional history affirmatively indicates loyalty to the United
States, strength of character, trustworthiness, honesty, reliability,
discretion, and sound judgment, as well as freedom from conflicting
allegiances and potential for coercion, and willingness and ability to
abide by regulations governing the use, handling, and protection of
classified information. A determination of eligibility for
access to such information is a discretionary security decision based
on judgments by appropriately trained adjudicative personnel.
Eligibility shall be granted only where facts and circumstances indicate
access to classified information is clearly consistent with the national
security interests of the United States, and any doubt shall be resolved
in favor of the national security.
(c) The United States Government does not discriminate
on the basis of race, color, religion, sex, national origin,
disability, or sexual orientation in granting access to classified
information.
(d) In determining eligibility for access under this
order, agencies may investigate and consider any matter that relates to
the determination of whether access is clearly consistent with the
interests of national security. No inference concerning the standards
in this section may be raised solely on the basis of the sexual
orientation of the employee.
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(e) No negative inference concerning the standards in this section
may be raised solely on the basis of mental health counseling. Such
counseling can be a positive factor in eligibility determinations.
However, mental health counseling, where relevant to the adjudication of
access to classified information, may justify further inquiry to
determine whether the standards of subsection (b) of this section are
satisfied, and mental health may be considered where it directly relates
to those standards.
(f) Not later than 180 days after the effective date of
this order, the Security Policy Board shall develop a common set of
adjudicative guidelines for determining eligibility for access to
classified information, including access to special access programs.
Sec. 3.2. Basis for Eligibility Approval.
(a) Eligibility determinations for access to classified
information shall be based on information concerning the
applicant or employee that is acquired through the investigation
conducted pursuant to this order or otherwise available to security
officials and shall be made part of the applicant's or employee's
security record. Applicants or employees shall be required to provide
relevant information pertaining to their background and character for
use in investigating and adjudicating their eligibility for access.
(b) Not later than 180 days after the effective date of
this order, the Security Policy Board shall develop a common set of
investigative standards for background investigations for access to
classified information. These standards may vary for the various levels
of access.
(c) Nothing in this order shall prohibit an agency from
utilizing any lawful investigative procedure in addition to
the investigative requirements set forth in this order and its
implementing regulations to resolve issues that may arise during the
course of a background investigation or reinvestigation.
Sec. 3.3. Special Circumstances. (a) In exceptional
circumstances where official functions must be performed prior to the
completion of the investigative and adjudication process, temporary
eligibility for access to classified information may be granted to an
employee while the initial investigation is underway. When such
eligibility is granted, the initial investigation shall be expedited.
(1) Temporary eligibility for access under this
section shall include a justification, and the
employee must be notified in writing that further
access is expressly conditioned on the favorable
completion of the investigation and issuance of
an access eligibility approval. Access will be
immediately terminated, along with any assignment
requiring an access eligibility approval, if such
approval is not granted.
(2) Temporary eligibility for access may be granted
only by security personnel authorized by the agency
head to make access eligibility determinations and
shall be based on minimum investigative standards
developed by the Security Policy Board not later
than 180 days after the effective date of this order.
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(3) Temporary eligibility for access may be granted
only to particular, identified categories of
classified information necessary to perform the lawful
and authorized functions that are the basis for the
granting of temporary access.
(b) Nothing in subsection (a) shall be construed as
altering the authority of an agency head to waive requirements for
granting access to classified information pursuant to statutory
authority.
(c) Where access has been terminated under
section 2.1(b)(4) of this order and a new need for access
arises, access eligibility up to the same level shall be
reapproved without further investigation as to employees who were
determined to be eligible based on a favorable adjudication of an
investigation completed within the prior 5 years, provided they have
remained employed by the same employer during the period in question,
the employee certifies in writing that there has been no change in the
relevant information provided by the employee for the last background
investigation, and there is no information that would tend to indicate
the employee may no longer satisfy the standards established by this
order for access to classified information.
(d) Access eligibility shall be reapproved for individuals who were
determined to be eligible based on a favorable adjudication of an
investigation completed within the prior 5 years and who have been
retired or otherwise separated from United States Government employment
for not more than 2 years; provided there is no indication the
individual may no longer satisfy the standards of this order, the
individual certifies in writing that there has been no change in the
relevant information provided by the individual for the last background
investigation, and an appropriate record check reveals no unfavorable
information.
Sec. 3.4. Reinvestigation Requirements. (a) Because
circumstances and characteristics may change dramatically
over time and thereby alter the eligibility of employees for continued
access to classified information, reinvestigations shall be conducted
with the same priority and care as initial investigations.
(b) Employees who are eligible for access to classified
information shall be the subject of periodic reinvestigations and may
also be reinvestigated if, at any time, there is reason to believe that
they may no longer meet the standards for access established in this
order.
(c) Not later than 180 days after the effective date of
this order, the Security Policy Board shall develop a common set of
reinvestigative standards, including the frequency of reinvestigations.
Part 4 Investigations For Foreign Governments
Sec. 4. Authority. Agencies that conduct background
investigations, including the Federal Bureau of Investigation and the
Department of State, are authorized to conduct personnel security
investigations in the United States when requested by a foreign
government as part of its own personnel security program and with the
consent of the individual.
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Part 5 Review Of Access Determinations
Sec. 5.1. Determinations of Need for Access. A
determination under section 2.1(b)(4) of this order that an
employee does not have, or no longer has, a need for access is a
discretionary determination and shall be conclusive.
Sec. 5.2. Review Proceedings for Denials or Revocations of
Eligibility for Access. (a) Applicants and employees who are
determined to not meet the standards for access to classified
information established in section 3.1 of this order shall be:
(1) provided as comprehensive and detailed a written
explanation of the basis for that conclusion as the
national security interests of the United States and
other applicable law permit;
(2) provided within 30 days, upon request and to the
extent the documents would be provided if requested
under the Freedom of Information Act (5 U.S.C. 552)
or the Privacy Act (3 U.S.C. 552a), as applicable, any
documents, records, and reports upon which a denial
or revocation is based;
(3) informed of their right to be represented by
counsel or other representative at their own expense;
to request any documents, records, and reports as
described in section 5.2(a)(2) upon which a denial or
revocation is based; and to request the entire
investigative file, as permitted by the national
security and other applicable law, which, if
requested, shall be promptly provided prior to
the time set for a written reply;
(4) provided a reasonable opportunity to reply
in writing to, and to request a review of, the
determination;
(5) provided written notice of and reasons for the
results of the review, the identity of the deciding
authority, and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing to a
high level panel, appointed by the agency head, which
shall be comprised of at least three members, two of
whom shall be selected from outside the security
field. Decisions of the panel shall be in writing,
and final except as provided in subsection (b) of this
section; and
(7) provided an opportunity to appear personally
and to present relevant documents, materials, and
information at some point in the process before an
adjudicative or other authority, other than the
investigating entity, as determined by the agency
head. A written summary or recording of such
appearance shall be made part of the applicant's or
employee's security record, unless such appearance
occurs in the presence of the appeals panel described
in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency
head from personally exercising the appeal authority in
subsection (a)(6) of this section based upon recommendations from an
appeals panel. In such case, the decision of the agency head shall be
final.
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(c) Agency heads shall promulgate regulations to implement this
section and, at their sole discretion and as resources and national
security considerations permit, may provide additional review
proceedings beyond those required by subsection (a) of this section.
This section does not require additional proceedings, however, and
creates no procedural or substantive rights.
(d) When the head of an agency or principal deputy
personally certifies that a procedure set forth in this section cannot
be made available in a particular case without damaging the national
security interests of the United States by revealing classified
information, the particular procedure shall not be made available. This
certification shall be conclusive.
(e) This section shall not be deemed to limit or affect
the responsibility and power of an agency head pursuant to any law or
other Executive order to deny or terminate access to classified
information in the interests of national security. The power and
responsibility to deny or terminate access to classified information
pursuant to any law or other Executive order may be exercised only where
the agency head determines that the procedures prescribed in subsection
(a) of this section cannot be invoked in a manner that is consistent
with national security. This determination shall be conclusive.
(f)(1) This section shall not be deemed to limit or
affect the responsibility and power of an agency head to make
determinations of suitability for employment.
(2) Nothing in this section shall require that
an agency provide the procedures prescribed in
subsection (a) of this section to an applicant where
a conditional offer of employment is withdrawn for
reasons of suitability or any other reason other than
denial of eligibility for access to classified
information.
(3) A suitability determination shall not be used for
the purpose of denying an applicant or employee the
review proceedings of this section where there has
been a denial or revocation of eligibility for access
to classified information.
Part 6 Implementation
Sec. 6.1. Agency Implementing Responsibilities. Heads of agencies
that grant employees access to classified information shall: (a)
designate a senior agency official to direct and administer the agency's
personnel security program established by this order. All such programs
shall include active oversight and continuing security education and
awareness programs to ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security Policy
Board, with other agencies to achieve practical, consistent, and
effective adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agency's
implementation and administration of this order, including
the implementation of section 1.3(a) of this order. Copies of each
report shall be provided to the Security Policy Board.
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Sec. 6.2. Employee Responsibilities. (a) Employees who
are granted eligibility for access to classified information shall:
(1) protect classified information in their custody
from unauthorized disclosure;
(2) report all contacts with persons, including
foreign nationals, who seek in any way to obtain
unauthorized access to classified information;
(3) report all violations of security regulations
to the appropriate security officials; and
(4) comply with all other security requirements set
forth in this order and its implementing regulations.
(b) Employees are encouraged and expected to report any
information that raises doubts as to whether another employee's
continued eligibility for access to classified information is clearly
consistent with the national security.
Sec. 6.3. Security Policy Board Responsibilities and
Implementation. (a) With respect to actions taken by the
Security Policy Board pursuant to sections 1.3(c), 3.1(f),
3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Security Policy Board
shall make recommendations to the President through the Assistant to the
President for National Security Affairs for implementation.
(b) Any guidelines, standards, or procedures developed
by the Security Policy Board pursuant to this order shall be consistent
with those guidelines issued by the Federal Bureau of Investigation in
March 1994 on Background Investigations Policy/Guidelines Regarding
Sexual Orientation.
(c) In carrying out its responsibilities under this
order, the Security Policy Board shall consult where appropriate with
the Overseas Security Policy Board. In carrying out its
responsibilities under section 1.3(c) of this order, the Security Policy
Board shall obtain the concurrence of the Director of the Office of
Management and Budget.
Sec. 6.4. Sanctions. Employees shall be subject to
appropriate sanctions if they knowingly and willfully grant
eligibility for, or allow access to, classified information
in violation of this order or its implementing regulations.
Sanctions may include reprimand, suspension without pay,
removal, and other actions in accordance with applicable law and agency
regulations.
Part 7 General Provisions
Sec. 7.1. Classified Information Procedures Act. Nothing in this
order is intended to alter the procedures established under the
Classified Information Procedures Act (18 U.S.C. App. 1).
Sec. 7.2. General. (a) Information obtained by an agency under
sections 1.2(e) or 1.3 of this order may not be disseminated outside the
agency, except to:
(1) the agency employing the employee who is the
subject of the records or information;
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(2) the Department of Justice for law enforcement
or counterintelligence purposes; or
(3) any agency if such information is clearly
relevant to the authorized responsibilities of such
agency.
(b) The Attorney General, at the request of the head of
an agency, shall render an interpretation of this order with respect to
any question arising in the course of its
administration.
(c) No prior Executive orders are repealed by this order. To the
extent that this order is inconsistent with any provision of any prior
Executive order, this order shall control, except that this order shall
not diminish or otherwise affect the requirements of Executive Order No.
10450, the denial and revocation procedures provided to individuals
covered by Executive Order No. 10865, as amended, or access by
historical researchers and former presidential appointees under
Executive Order No. 12958 or any successor order.
(d) 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.
(e) This Executive order is intended only to improve the
internal management of the executive branch and is not intended to, and
does not, create any right to administrative or judicial review, or any
other right or benefit or trust responsibility, substantive or
procedural, enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other
person.
(f) This order is effective immediately.
William J. Clinton
The White House,
August 2, 1995.
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Saba
http://www.fas.org/irp/offdocs/eo/index.html
