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: 
AttachmentSize
PDF icon CIA-RDP78-04007A000600090011-5.pdf520.02 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 6810 COMP -~F UPI ---+4- TYPE PAGES REV GLAS$ q kG' GLass -tip... AtITH1 MA $.a VOW 4Vfl . r KIM 8591 g JpC A Uniform, C learanc ,,, to aes Who n+har Than Full-Time FederalP _Ay rin+11.M1].r mv.mn%jNDUM FCR TIM NATIONAL SECURITY COUNCIL D.t' a ram for Individuals Fro Commission pursuant o the National transmitted herewith for consideration by The enclosed repo by.the Attorney General and the Chairman Civil :service t Nor Action No. 137 -p' (6) is *NSC Declassification/,Release,Instr c$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 Approved For Release 2001/04/02: CIA-RDP78-04007A000600090MI.i.,-5 Approved For Release 2001/04/02 : CIA-RDP78-.04.0Q7A000600090011-5 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. Approved For Release 2001/04/02 : CIA-RDP78-04007A000600090011-5 Approved For Relee 2001/04/02 : CIA-RDP78-040Q,7O4000600090011-5 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- Approved For Release 2001/04/02 : CIA-RDP78-04007A000600090011-5 lows: Approved For Rele 2001/04/02 : CIA-RDP78-040{4000600090011-5 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 Approved For Release 2001/04/02 : CIA-RDP78-04007A0WMq~j_5 Approved For ReleawO 2001/04/02 : CIA-RDP78-040Qr7.#.000600090011-5 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 Approved For Release 2001/Q4L0Z : CIA-RDP78-04007A000600090011-5 CONFIDENTIAL Approved For Reledee 2001/04/02 : CIA-RDP78-0400000600090011-5 r,