EO 12968 PDF

Executive Order Revised Adjudicative Guidelines for Determining Eligibility for Access to Classified Information. ADJUDICATIVE GUIDELINES FOR . Presidential Document Type: Executive Order; E.O. Citation: E.O. of Aug 2, ; E.O. Notes: Amended by: EO , June 30, ;;. National Security Council, Intelligence Programs, and Edward Appel, “Executive Order – Access to Classified Information [4],” Clinton Digital Library.

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If you would like to not see this alert again, please click the “Do not show me this again” check box below. The unauthorized disclosure of information classified in the national interest can cause irreparable damage to the national security and loss of human life.

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 12986 me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: For the purposes of this order: Access to Classified Information.

A relevant financial records that are maintained by a financial institution as defined in 31 U. 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.

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 129668 nuclear weapons design information but only for ro positions that have been certified as being of a high degree of importance or sensitivity, as described in section f of the Atomic Energy Act ofas amended.

As part of all investigations and reinvestigations described in section 1. Employee Education and 129968. The head of each agency that grants access to classified information shall establish a program for employees with access to classified information to: 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.


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.

Requesting or approving eligibility in excess of actual requirements is prohibited. 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. Level of Access Approval. Eligibility for access to a higher level of classified information includes eligibility for access to information classified at a lower level.

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. Reciprocal Acceptance of Access Eligibility Determinations.

Access by Non-United States Citizens. If there are any doubts concerning granting access, additional lawful investigative procedures shall be fully pursued.

A determination of eligibility for access to such information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel or appropriate automated procedures.

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.

No inference concerning the standards in this section may be raised solely on the basis of the sexual orientation of the employee. 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.

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Basis for Eligibility Approval. 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.

These standards may vary for the various levels of access. When such eligibility is granted, the initial investigation shall be expedited. Access will be immediately terminated, along with any assignment requiring an access eligibility approval, if such approval is not granted. 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 12698 own personnel security program and with the consent of the individual.


Determinations of Need for Access. A determination under section 2. 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 19268 other authority, other than the investigating entity, as determined by the agency head.

In such case, the decision of the agency head shall be final.

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This section does not require additional proceedings, however, and creates no procedural or substantive rights. This certification shall be conclusive.

The power and responsibility to deny or terminate access to classified information pursuant to ep 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 112968 a manner that is consistent with national security.

This determination shall be conclusive. Heads of agencies that grant employees access to classified information shall: Copies of each report shall be provided to the Security Executive Agent.

Executive Order – Access to Classified Information [4] · Clinton Digital Library

Security Executive Agent Responsibilities and Implementation. In carrying out its responsibilities under section 1. 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 129968 applicable law and agency regulations. Classified Information Procedures Act.

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el Nothing in this order is intended to alter the procedures established under the Classified Information Procedures Act 18 U. 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. IC Legal Reference Book You have selected to open If you would like to not see this alert again, please click the “Do not show me this again” check box below.

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