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EO_12968 Access to Classified Information

EO_12968 Access to Classified Information

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05/20/2014

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   f  e   d  e  r  a   l  r  e  g   i  s  t  e  r
40243
MondayAugust 7, 1995
Part IV
The President
Executive Order 12968—Access toClassified InformationPresidential Determination No. 95–32 ofJuly 28, 1995Presidential Determination No. 95–33 ofJuly 31, 1995
 
Presidential Documents
40245
Federal Register
Vol. 60, No. 151Monday, August 7, 1995
Title 3—
The President
Executive Order 12968 of August 2, 1995
Access to Classified Information
 The national interest requires that certain information be maintained inconfidence through a system of classification in order to protect our citizens,our democratic institutions, and our participation within the communityof nations. The unauthorized disclosure of information classified in thenational interest can cause irreparable damage to the national security andloss of human life.Security policies designed to protect classified information must ensureconsistent, cost effective, and efficient protection of our Nation’s classifiedinformation, while providing fair and equitable treatment to those Americansupon whom we rely to guard our national security. This order establishes a uniform Federal personnel security program foremployees who will be considered for initial or continued access to classifiedinformation.NOW, THEREFORE, by the authority vested in me as President by theConstitution and the laws of the United States of America, it is herebyordered as follows:
PART 1—DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION, FI-NANCIAL DISCLOSURE, AND OTHER ITEMSSection 1.1.
Definitions.
For the purposes of this order: (a) Agency’’ meansany ‘‘Executive agency,’’ as defined in 5 U.S.C. 105, the ‘‘military depart-ments,’’ as defined in 5 U.S.C. 102, and any other entity within the executivebranch that comes into the possession of classified information, includingthe Defense Intelligence Agency, National Security Agency, and the NationalReconnaissance Office.(b) ‘Applicant’’ means a person other than an employee who has receivedan authorized conditional offer of employment for a position that requiresaccess to classified information.(c) ‘Authorized investigative agency’’ means an agency authorized bylaw or regulation to conduct a counterintelligence investigation or investiga-tion of persons who are proposed for access to classified information toascertain whether such persons satisfy the criteria for obtaining and retainingaccess to such information.(d) ‘‘Classified information’’ means information that has been determinedpursuant to Executive Order No. 12958, or any successor order, ExecutiveOrder 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 Presi-dent, employed by, detailed or assigned to, an agency, including membersof the Armed Forces; an expert or consultant to an agency; an industrialor commercial contractor, licensee, certificate holder, or grantee of an agency,including all subcontractors; a personal services contractor; or any othercategory of person who acts for or on behalf of an agency as determinedby the appropriate agency head.(f) ‘‘Foreign power’’ and ‘‘agent of a foreign power’’ have the meaningprovided in 50 U.S.C. 1801.

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