[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; 

                                more 

 
                                 13 

      	    (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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