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Executive Order 12968

Issued by William J. Clinton on Wednesday 2 August 1995


Access to Classified Information

Federal Register, Volume 60 Issue 151 (Monday, August 7, 1995)

[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Presidential Documents]
[Pages 40245-40254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19654]




[[Page 40243]]

_______________________________________________________________________

Part IV





The President





_______________________________________________________________________



 Executive Order 12968--Access to Classified Information

Presidential Determination No. 95-32 of July 28, 1995

Presidential Determination No. 95-33 of July 31, 1995


                        Presidential Documents 



Federal Register / Vol. 60, No. 151 / Monday, August 7, 1995 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 40245]]

                Executive Order 12968 of August 2, 1995

                
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.
                    (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. 

[[Page 40246]]

                    (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.
                    (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 ac

[[Page 40247]]
                quired 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);
                    (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. 

[[Page 40248]]


                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

                    (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 (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: 

[[Page 40249]]


                    (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.

                    (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 con

[[Page 40250]]
                tracting, 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.
                    (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. 

[[Page 40251]]


                    (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.
                    (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.
 
[[Page 40252]]


                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.
                    (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 

[[Page 40253]]
                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.

                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. 

[[Page 40254]]

                    (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;
                    (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.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     August 2, 1995.

[FR Doc. 95-19654
Filed 8-4-95; 12:18 pm]
Billing code 3195-01-P

Citation: 60 FR 40245
Amended by: EO 13467, June 30, 2008;; ; See: Final rule of March 26, 1997 (62 FR 17683); Final rule of July 1, 1997 (62 FR 36984); EO 13284, January 23, 2003; EO 13311, July 29, 2003; EO 13462, February 29, 2008; EO 13516, October 28, 2009; EO 135
 

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