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 Printing 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]
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