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Sec. 5.7. Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this order or its implementing directives may have occurred, the Director shall make a report to the head of the agency or to the senior agency official so that corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information properly classified under this order or predecessor orders;
(2) classify or continue the classification of information in violation of this order or any implementing directive;
(3) create or continue a special access program contrary to the requirements of this order; or
(4) contravene any other provision of this order or its implementing directives.
(c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation.
(d) The agency head, senior agency official, or other supervisory official shall, at a minimum, promptly remove the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when a violation or infraction under paragraph (b), above, occurs; and
(2) notify the Director of the Information Security Oversight Office when a violation under paragraph (b)(1), (2) or (3), above, occurs.
http://www.fas.org/sgp/clinton/eo12958.htmlYou are correct in that this has nothing to do with the Fitzgerald investigation. It does, however, have everything to do with the White House not adhering to it's own Executive Orders. Congressman Waxman has written a letter with regard to this:
March 16, 2007
The Honorable Joshua Bolten
Assistant to the President and Chief of Staff
The White House
1600 Pennsylvania Ave. NW
Washington, DC 20500
Dear Mr. Bolten:
Today, the House Committee on Oversight and Government Reform held a hearing to examine the disclosure by senior White House officials of the identity of covert CIA agent Valerie Plame Wilson. The hearing raised many new questions about the how the White House responded to an extraordinarily serious breach of national security. It also raised new concerns about whether the security practices being followed by the White House are sufficient to protect our nation's most sensitive secrets.
James Knodell, Director of the Office of Security at the White House, testified at the hearing about White House procedures for safeguarding classified information. During his testimony, Mr. Knodell made some remarkable statements about how his office handled the disclosure of Ms. Wilson's covert status. Specifically, Mr. Knodell testified:
The Office of Security for the White House never conducted any investigation of the disclosure of Ms. Wilson's identity;
Under the applicable executive order and regulations, your senior political advisor, Karl Rove, and other senior White House officials were required to report what they knew about the disclosure of Ms. Wilson's identity, but they did not make any such report to the White House Office of Security; and
There has been no suspension of security clearances or any other administrative sanction for Mr. Rove and other White House officials involved in the disclosure.
According to Mr. Knodell, the explanation for the lack of action by the White House Security Office was a White House decision not to conduct a security investigation while a criminal investigation was pending. Mr. Knodell could not explain, however, why the White House did not initiate an investigation after the security breach. It took months before a criminal investigation was initiated, yet according to Mr. Knodell, there was no White House investigation initiated during this period.
Mr. Knodell also testified that it would be inappropriate to allow an individual who was a security risk to retain his or her security clearance while a criminal investigation is pending. As members of the Committee pointed out, a criminal investigation can last years, and it would jeopardize national security not to investigate the officials implicated in the leak and suspend their security clearances if there were reason to suspect their involvement. Mr. Knodell did not dispute this point.
The testimony of Mr. Knodell appears to describe White House decisions that were inconsistent with the directives of Executive Order 12958, which you signed in March 2003. Under this executive order, the White House is required to "take appropriate and prompt corrective action" whenever there is a release of classified information. Yet Mr. Knodell could describe no such actions after the disclosure of Ms. Wilson's identity.
Taken as a whole, the testimony at today's hearing described breach after breach of national security requirements at the White House. The first breach was the disclosure of Ms. Wilson's identity. Other breaches included the failure of Mr. Rove and other officials to report their disclosures as required by law, the failure of the White House to initiate the prompt investigation required by the executive order, and the failure of the White House to suspend the security clearances of the implicated officials.
To assist the Committee in its investigation into these issues, I request that you provide the Committee with a complete account of the steps that the White House took following the disclosure of Ms. Wilson's identity (1) to investigate how the leak occurred; (2) to review the security clearances of the White House officials implicated in the leak; (3) to impose administrative or disciplinary sanctions on the officials involved in the leak; and (4) to review and revise existing White House security procedures to prevent future breaches of national security.
I look forward to your response and hope you will cooperate with the Committee's inquiry.
Sincerely,
Henry A. Waxman
Chairman
cc:
Tom Davis
Ranking Minority Member
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