A Uniform Clearance Program for Individuals Other Than Full-Time Federal Employees Who Require Access to U.S. Classified Information
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP78-04007A000600090011-5
Release Decision:
RIFPUB
Original Classification:
S
Document Page Count:
8
Document Creation Date:
December 9, 2016
Document Release Date:
May 11, 2000
Sequence Number:
11
Case Number:
Publication Date:
March 23, 1956
Content Type:
MF
File:
Attachment | Size |
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CIA-RDP78-04007A000600090011-5.pdf | 520.02 KB |
Body:
Approved For Relwse 2001/04/02 : CIA-Rp.RZ.040QA000600090011-5
NATIONAL Sr- %A
WASH I NGTON
Require Access to u. ~. Mya~~~+w-_. _m
tion
REFEREiES:!' A. NSC 5
Fle"I 37/;
(6 )
C e, NSC Action ryo. 133 -.~
t on the subject, prepared
r
Security Council.
t is being referred to the
The enclosed repor
NaC Planning Board for comment and recommendation prior
uncil
C
.
o
to its consideration by the
qa EVr DATE ?~, ~'.D - BY . 1 r1
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JpC A Uniform, C learanc ,,, to aes Who
n+har Than Full-Time FederalP _Ay rin+11.M1].r
mv.mn%jNDUM FCR TIM NATIONAL SECURITY COUNCIL
D.t' a
ram for Individuals
Fro
Commission pursuant o the National
transmitted herewith for consideration by
The enclosed repo
by.the Attorney General and the Chairman Civil :service
t Nor Action No. 137 -p' (6) is
*NSC Declassification/,Release,Instr c$ionsAY,o ile*
JAM ~ . L nJRF.
Executive Secretary
cc: The Secretary of the Treasury
G 'M no I
The attorney
The Secretary of Labor
The Special Assistant to the President for
Disarmament
The Director Bureau of the Budget
The Chairman, Civil Service Commis: &.on
The Chairman, Atomic Energy Commission
The',\ Chairman, Joint Chiefs of Staff
Th Director of Central Intelligence ce
Approq gl# 2fl~If~nP7$=~0~0600090011-5
C onf er enc
m,na hairman Interdepa 'tmer t 1. Committee on,
EXECUTIVE OFFICE OF THF, PR ;S ENT
1Tv COUNCIL
Approved For Relawe 2001/04/02 : CIA-RDP78-040,9P'A000600090011-5
Honorable James 3.'Lay, Jr.
Executive Secretary,
National 3"ecurity Council
executive Office Building
Washington 25, D.C .
Ire
W.'~.3HINGTON, D C .
t an
My dear Mr. Lay:
., L ~ IC,F, G T~LJ ATTG? 41 1 f GVEW AL
.1 Uniform.Clearance Program for Individuals
Other Than Full-Time Federal mployees Who
Require Access to U. 3. Classified Informa
There is forwarded herewith the report called
for by National Security Council Action 'o. 1317-.t-(6).
2 w COfiAd. ID klT rAL
Sincerely,
/s/ Hi RB :.RT BROVFNELL, JR.
Attorney General
/s/ PHILIP YOUNG
Chairman
Civil 3.rvice, Commission
CONFIDENTIAL
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CUTID NTIAh
not involving access to 1assified inforrrmation, whereas
got result in the denic,t1 at' a clearance under Executive
Order 10450 for occupancy of certain sensitive positions
the agency would not grant clearance for access to Classi-
fied information, in the face of the name derogatory infor-
za t i. on'p
It is not believed that the possible situations
mentioned in the foregoing paragraph,- ho over, preclude
the application of Recommendation No. 2 of the Brucker
Report to full-time Federal employees who require access
decision would then be made at high rnaria er.tai level and
to classified information. In any such case; to final
this would. tend to insure that there would. nct ')e conflietinr:,
decisions within the same a enc;?, o is the a4,end;y head
in clearing the individual for occupancy of a sensitive
position and the other )y the security officer in denying
the same individual access to cla3sificd information which
might be required, for the performance of duties 'in the sens-
itive position for which rhr, has been cleared.
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CONFIDENTIAL
Evidently, the Brucker Report, in this recommenda-
tion., 'did not' intend to require high managerial participation
in routine clearance for access where no derogatory informa-
tion is .present, but only where possible denial, revocation
.or suspension of clearance is involved. Recommendation 2 of
the Attorney Gerioral to the. President in his letter of I-larch 4,
1955 on Executive Order 10450 contemplated that,, in the case
of suspension of employees under Executive Order 101 150, the
final decision should not be de-legated below the level of
Assistant Secretary. In the case of clearance for positions
involving .ccess to classified information, we do ' not perceive
that any substantial difference exists between the decision
for this purpose and a. decision on the question of access tq
classified information. In other words, we believe that the
criteria provided by that Executive Order may be applied to
clearance for access t6 the classified information required
for the discharge of duties in that position,
No amendment of Executive Order 10450 is required
for this purpose, but Presidential approval would have the
effect of a directive to agency heads to revise their clear-
ance procedures in conformity thereto. The Civil Service
Commission can accomplish implementation by circuJ ar letter.
We therefore recommend that Recommendation No. 2 of
the second Brucker Report be adopted for full-time Federal em-
ploy es who require access to classified information as fol-
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lows:
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CONF'IDEWrIAL
;,'The depths of doln.;ation of ai.i.Voority over
day-to-day decisions rclatin, to clearance of
civilian officers and e Iployees of the Executive
Branch of the Federal Government for access to
classified information should be. reviewed.by.
a;ency heads in order to insure that such de-
cisions are, not made without full participation
at high .nana erial level."
RECOMMF;NDA"S'IGN NO. . (Rruc'.(er Report)
"Whenever an agency of the Federal Government
makes a security evaluation of
(a) A contractor employee requiring access
to, classified information, or
(b) A part-time employee of the Federal
Government requiring access to classi-
fied infor.?,iation
which conflicts with a compa ,able security evaluations
of any other a.;;ency., the agencies involved in the
:nultiplE, or successive Security clearance should-
:-,meet together at > high level of representation
within a period of fifteen days, should consult
with each other, and should without delay resolve
.-
the conflicti.nL; evaluation or reach a C0,11.011
stas?rdin,g as to the reason for the conflict. The re-
sults of this corisu~ tation should be approved in
writing by the heads of each of the agencies in-
volved, and recorded in the files of each such
01
trucker Recoi-,x,nendation N.L. 3 requires resod ution of
conflicting'; evaluations or a co~nr-,ion understanding as to t he
reason for the conflict, approved in writing by the ar-ency
heads involved, wherever there has been a conflicting evaluxa-
tion with respect to clearance for access to classified infor-
mation.
Recommendation r~ in the Attorney General's letter to
the President dated March 4, 1955, requires consultation
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CONFIDENTIAL
between agency heads whenever, under Executive Order 7.01450,
it is proposed. to make an adverse security evaluation with
respect to a person previously cleared in another agency.
It therefore appears that there is a substantial
agreement 'between procedures under Executive Order 1.0450 and
those approved in the Brucker Report with respect to access
clearance. Since it has been recommended above that, with
respect to full-time, Federal employees requiring access to
classified information, the cri teria :of Executive Order 1,10450
should be applied, there appears to be no reason for refusing
to apply the procedure recommended by the Brucker Report; in
Recommendation No. 3 to full-time Federal employees who re
quire access to classified information.' Presidential approval
of the following recommendation will constitute a directive to
agency heads to conform their procedures accordingly, as in
the case of Recommendation No. 2, above, Accordingly, it is
recommended that Recoiwnendation No. 3 of the Brucker Report be
adopted for full-time Federal employees requiring access to
classified information as follows;,
"Whenever an agency of the Federal Government
makes a security evaluation of any civilian officer
or employee of the Executive Branch of the Federal
Government requiring access to classified informa-
tion which conflicts with a comparable security evalua-
tion of any other agency, the agencies involved in.
the multiple-or successive security clearance should
meet together at a hi.L,h level of representation within
a period of fifteen days, should consult with each
other, and should without delay resolve the conflict-
in,;`,evaluation or reach a coil mon understanding as to
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CONFIDENTIAL
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