Law Summary
Institution of an Interim Security Clearance
- Heads of offices with classified access must implement approved security clearance procedures.
- Comprehensive background investigations required before issuing Interim Security Clearance.
- Only heads or designated representatives can issue the clearance.
- Certification required certifying personnel clearance and access level before issuing clearance.
- Departments must maintain a Security Investigation Index recording investigation details and clearances.
- Designation of a Security Officer responsible for implementing and maintaining security clearance system.
- Personnel granted interim or security clearance must not disclose classified information improperly.
Institution of Security Clearance
- Names of personnel with Interim Security Clearance for Secret-level materials and above submitted to National Security Adviser (NSA) via National Intelligence Coordinating Agency (NICA).
- NICA to conduct further background investigations as needed, with assistance from other agencies.
- NICA recommends issuance or non-issuance of Security Clearance on a "need-to-know" basis to NSA.
- NSA approves decision and validity period of Security Clearance, communicated to concerned agencies.
- Security Clearance remains valid until expiration or earlier revocation.
Appeal Process
- Parties aggrieved by NSA decisions may appeal to the Office of the President in accordance with law.
Scope and Application
- Order applies to all government personnel with access to or handling classified documents or granted such authority.
Implementing Guidelines
- NICA, in coordination with Intelligence Community and departments, to formulate Implementing Rules and Regulations.
- Rules subject to approval by the National Intelligence Board (NIB).
- NICA to acquire capability to fulfill its mandate.
Administrative Liability and Penalties
- Unauthorized disclosure or misuse of classified information is a grave offense.
- Punishable under civil service rules and regulations.
- Administrative cases do not preclude criminal or civil charges for same violations.
Repeal and Effectivity
- Issuances inconsistent with this Order are repealed, amended, or modified.
- Order takes effect 15 days after publication in two newspapers of general circulation.