SUITABILITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100030064-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 42
• Document Creation Date: December 12, 2016
• Document Release Date: June 11, 2002
• Sequence Number: 64
• Content Type: REGULATION

Approved For Release 2002/08/1.5 : CIA-RDP87B01034R000100030064-2
PROPOSED EXECUTIVE ORDER NO.
SUITABILITY REQUIREMENTS
FOR GOVERNMENT EMPLOYMENT
WHEREAS the national interests require that all persons privileged
to be employed in the Federal Government shall be reliable, of good con-
duct and character, and of undivided allegiance and unswerving loyalty
to the United States; and
WHEREAS the national security and welfare require that only persons
who have demonstrated integrity, trustworthiness and discretion of the
highest order shall be employed in positions of special trust and that
the selection of such employees shall be made on the basis of a comprehensive
review of their suitability and qualifications to hold such positions;
WHEREAS the American tradition that all persons should receive
fair, impartial, and equitable treatment at the hands of the Government
requires that all persons seeking the privilege of employment or privileged
to be employed in the Federal Government be adjudged by standards and
procedures that are consistent, uniform and comport with the individual's
right of privacy:
Now, THEREFORE, by virtue of the authority vested in'me by the
Constitution and statutes of the United States including section 1753 of the
Revised. Statutes of the United States (5 U.S.C. 1970 ed. 3301 and 3701);
the Civil Service Act of 1883 (5 U.S.C. 1970 ed. 1101 et seq.); section 9A
of the Act of August 2, 1939 (5 U.S.C. 1970 ed. 333 and 7311); the Act
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 of August 26, 1950 (5 U.S.C. 1970 ed. 7501 et seq.) and the National
Approved For Release- 2002/08/15 CIA-RDP87)01034R0001 OOO3Q064-2
Security Act of 1947.a(50 U.S.C.-4O0 et seq.; and as President of the
United States, and deeming such action necessary in the best interests
of the national security and welfare and in order to protect. the rights
of citizens seeking employment or employed by the United States, it
hereby ordered as follows:
TABLE OF CONTENTS
Section
Description
Pages
1
REVOCATION OF EXECUTIVE ORDER 10450
1
2
DEFINITIONS
1
3
GENERAL
(a) Purpose of the Order
(b) Establishment of the Federal Civilian
Personnel Suitability Investigation and
Adjudication Program
4 APPLICABILITY
5 SUITABILITY STANDARDS
6 POSITIONS OF SPECIAL TRUST
(a)
General
7
(b)
Criteria for Designating Positions of
Special Trust
8
(c)
Designation of Positions of Special
10
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 ? Sectio} pproved FoP OQ2/08/15' : CIA-RDP87BO1034R000100030064-2 Page
7 SUITABILITY INVESTIGATIONS
(a) General
(b) Limits On Investigative Matters
(c) Investigations Concerning General
Standard Positions
(d) Investigations Concerning Positions
of Special Trust
(e) Investigative Expansion or Referral
(f) Investigative Procedures
(g) Investigative Responsibility
(h) Investigative Support to Non-Executive
(i)
(j)
Branch Agencies
Use of Prior Investigations
Re-investigations
8 ADJUDICATION
(a) Objectives
(b) Reasons for Disqualification
(c) Considerations in Weighing Evidence
(d) Timely Adjudication
(e) Notice to the Individual
(a) Due Process Policy
(b) Applicants
(c) Incumbents
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 .Section Description Page
Approved For Release 2002/08115: CIA-RDP87B01034R000100030064-2 28
10 PROCEDURES CONCERNING POSITIONS WHICH INVOLVE
NATIONAL SECURITY.INTERESTS
(a) Suspension From Employment or Access,
to Classified Information,
(b). Removal from Employment or Revocation
of Security Clearance
(c). Reassignment to a Position Which Does
Not Involve National Security Interests
(d) Reserved Authority
REINSTATEMENT, RESTORATION TO DUTY AND
RE-EMPLOYMENT
REVIEW OF ADVERSE OR QUESTIONABLE INFORMATION
ARISING SUBSEQUENT TO FAVORABLE SUITABILITY
DETERMINATION
PROGRAM MANAGEMENT
(a)
General Policy Oversight
33
(b)
Responsibilities of the Departments and
Agencies
34
(c).
Standardized Qualifications and
Training of Program Personnel
34
(d)
Index of Investigations
34
(e)
Control, Release and Use of Investigative 3.5
Reports
(f) Standard Forms
37
(g) Clearing House for Program Management
Information
37
(h) Program Review
38
Approved For Relr~)Se Z00nual/1C~erCf jt$1.7 010348000100030064-2
38
 Section ppro evocatRoneao fe 002~08(1154~~IA-F e$uBQve3Orrde01 No 301045u of
.April 27, 1953, `as 'amended, is hereby revoked.
Section 2. Definitions. For the purpose of this Order, unless otherwise
indicated, the following terms shall have these meanings:
Adjudication: The procedure by which a qualified officer weighs the known
facts of an individual's conduct and character and considers all relevant
circumstances of that conduct, prior experience in similar cases, and the
general nature of the position sought or held, in order to evaluate the pro-
bability the individual will perform the duties of the position responsibly
and efficiently and to balance that degree of probability against the
acceptability of failure.
Adverse Determination: A decision at any level of the adjudication procedure
or in subsequent hearings based upon disqualification factors set forth in
Section 8 (b) of this Order which resolves a doubt against the individual
with the result that he or she is denied the right to take an examination
for employment, is denied appointment, is suspended from employment
either with or without pay, is separated from employment, is disqualified
for a Position of Special Trust, or is denied access to classified
information.
Agency Head: The principal officer or administrator of a department,
agency or other major organization or component of the Executive Branch -
established by statute or Executive Order.
Allegiance: The devotion or emotional commitment of an individual to a
political entity, as customarily found in a citizen or person intending to
become a citizen of such entity.
Civilian Employee: All appointive positions in the Executive Branch of the
Government of the United States, except positions in the uniformed services
(armed forces, commissioned corps of the Public Health Service and
Ap roved For Release 2002108/15: CI~ F P87B0 034E 000 (00030084-2
commis a corps 0 t e nv ronmenta rotect on Services Administration).
 CotuplajL f&p a BP 20&/(8}19~OIAiR 0 4F 1 &30994* allegation
or other reasonable suspicion.that,an employee has committed some violation
of law or regulation or otherwise by his or her conduct has raised a question
as to whether he or she continues to meet the standards of employment for
the particular position held. Such an inquiry may be conducted under the
authority of any applicable law or regulation or of this Order or both.
While a complaint investigation is not a routine inquiry, the investigative
procedures prescribed by this Order will. be observed to the extent compatible
with the integrity of the investigation, whenever its objectives include
determining the individual's suitability for continued employment.
Emergency Waiver: An emergency waiver is a suspension of the investigative
requirements of this Order that allows the head of a department or
agency to fill a Position of Special Trust in his department or agency
for up to 90 days without completion of the prescribed investigative
report.
Federal Service: Federal service means employment by any Executive
Branch agency including any Executive department, agency or independent
establishment of. the United States or any corporation wholly owned by
the United States, and including the United States Postal Service and
the Postal Rate Commission. It includes the terms Federal employment,
government employment and any and all other terms used to describe
employment status within the Executive Branch of the Federal government.
Foreign Affairs: The policies, duties and functions pertaining or giving
effect-to the relations between the United States and Foreign governments,
groups or individuals, and international organizations.
Full Field Investigation: An investigation of an individual's background,
conducted in person by qualified investigators, and including interviews
with knowledgeable erson and checks of a ro riate records including
Approve For Release 202/08/15: CIA-RDP87B01 034R000100030064-2
 those of appropriate national agencies to cover a suttrclent perzoa oz
the pe re er Bel; Y0.@ OS$MrCIA OB%B6gn3gPA06ofAffgg666*2necessary
and relevant to a determination of the individual's suitability for the
position sought or held. _
General Standard Positions: All positions in the Federal.. Service which
have not been-designated Positions of Special Trust.
Investigation: An inquiry conducted by an authorized investigative organiza-
tion for the purpose of determining an individual's suitability for employment
in the Federal service as provided for in this Order.
Investigative File: The official repository of all relevant investigative
material, reports or similar information.
Investigative Record: Any item, collection, or grouping of information
authorized for inclusion in a file, indices, list, register or computer system
which relates to an investigation which contains the name, or the identifying
number, symbol or other identifying particular assigned to the individual
upon whom the investigation was conducted and which describes the nature.
of the investigation, the date of the investigation and the investigatory
agency.
Loyalty: An individual's faithful and true allegiance to the U. S. and
its constitutional form of. government.
National Agency Check: A record check of the Federal Bureau of Investiga-
tion's fingerprint and investigative files, the CSC security-investigations
index and where appropriate, Defense Central Investigative, Central
Intelligence and State Department indices and other agencies, as appropriate.
National Interest: All of the lawful interests of the Federal government
viewed collectively. The interests of national security and national welfare
are,specific categories of the national interest.
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 Personnel_-File: The record required to be maintained by law or regulation
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
reflecting all significant information concerning any matter relating to
the employment of an individual in'the Executive Branch of the government.
The Official Personnel Folder is the official repository of records and reports
of personnel actions effected during an employee's Federal service and the
documents and papers required in connection with these actions.
Position of Special Trust: Certain positions within the Federal service which
entail duties of such a sensitive nature that the misconduct, malfeasance
or nonfeasance of an incumbent in any such position could reasonably be
expected to result in an unacceptably adverse impact upon the national
interest.
Security Determination: A determination, as required by Executive Order
11652, made by a lawfully designated authority of the Federal government,
on the basis of prescribed investigation and other relevant available
information, as to an individual's'trustworthiness for access to classified
information or material.
Sensitive Compartmented Information: All information and materials bearing
special controls of the Intelligence Community (as defined in Executive Order
11905) indicating restricted handling within present and future intelligence
collection programs and their end products for which community systems of
compartmentation:have been or will be,formally established. The term does
not include Restricted Data as defined in Section II,'Public Law 585,
Atomic Energy Act of 1954, as amended.
Si aificant Adverse Information: Such information,.directly relating to the
factors to be considered in making a suitability determination set forth
in subsection 8(b) of this Order, which could reasonably be expected of
itself to adversely..influence a determination as to suitability or prompt the
seeking of additional investigation or clarification.
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Suitability: As used in this Order, suitability means the individual's fitness,
Approved For Release 2002/08/15: CIA-RDP87BO1034R000100030 64-2
in terms character and integrity as distinguished from professional skills
or qualifications, for the positioq sought or held, taking into consideration
all relevant aspects of the position including its level of responsibility and
sensitivity from the point of view of the national interests.
Suitability Determination: A determination made by the Civil Service Com-
mission or the head of a department or agency of the Executive Branch or his
designee, on the basis of investigation prescribed by this Order and other
relevant available information, as to an individual's suitability for employment
in the Federal service with respect to the appropriate suitability standard
set forth in Section 5 of this Order. If the position requires access
to Top Secret classified information or involves other access or special
duties detailed in subsections 6(b)(ii) thru (vi) of this Order, the
suitability determination obviates the requirement for a separate
security determination with respect to the cleaiance_for access to such
classified information or the eligibility for assignment to such duties.
Suitability Factors: Such factors relevant to a determination as to an
individual's suitability for employment in the Federal Service, under the
standards required by Section 5(a) and (b), which are detailed in Subsections
8(b)(1) and (2) of this Order.
Suitability Standard: The minimum level of personal fitness and competence,
prescribed by this Order, which each civilian officer or employee must meet,
according to the nature of the position concerned, to be'determined suitable
for employment in the Federal service.
Section 3. General. ---
(a) Purpose of the Order - The purpose of this Order is to establish
uniform standards for determining the suitability of individuals for employ-
ment in the Federal Service and for determining the eligibility of individuals
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 for access to information classified in accordance with Executive Order
11652, tQA 4 - a- ~sb 3~0 8/1z5es?~a B8~~1~834~068~0 ants
and agencies in application of the standards, to limit the collection of
personal information required in determining suitability for Government
employment to that which is relevant and necessary to such determination
and which is consistent with the individual's basic right of privacy,
and to establish effective oversight to assure that implementation of
the policies set forth herein by the departments and agencies is consistent
with the interests of the nation and the constitutional and civil rights
of the individuals concerned.
(b) Establishment of the Federal Civilian Personnel Suitability
Investigation and Adjudication Program - There shall be established a
uniform Federal Civilian Personnel Suitability Investigation and Adjudica-
tion Program operating under the overall personnel policies and procedures
developed by the Civil Service Commission. Such programs in the Central
Intelligence Agency, National Security Agency, and the Federal Bureau of
Investigation, based on procedures or requirements established by statute
or other Executive Order, shall be excluded.from those Civil Service
Commission regulations and procedures and those provisions of this Order
which conflict with such statutes or Executive Orders.
Section 4. Applicability.
Pursuant to the authority of the Act of August 26, 1950,; the provisions
of that Act are hereby extended to all other departments and agencies of
the Federal Service to the extent that the heads of such departments
and agencies shall designate Positions of Special Trust in accord with
the criteria of Section 6(b)(1) of this Order. By virtue of the authority
of the Constitution and the other statutes cited in the preamble to this
Order, standards and criteria for other Positions of Special Trust and
for Fedexal.
r@ le3M% O'8/ibe bF P tC3WAO(MlO O 4 edures
 of this Order shall apply, as appropriate, to all civilian ppositioons in
the Exec. a ancn, 1wfhe. e0r~or crie' competitivve~or ex cep tea se'rvices..
The standards and criteria specified in this Order shall be used in
making the determination of trustworthiness required of certain civilian
personnel pursuant to Section 6A of Executive Order 11652. A determination
that an individual has met the applicable standard of Section 5 of this
Order shall be deemed to include a determination of trustworthiness for
access to the appropriate level of information classified in accordance
with Executive Order 11652.
Section 5. Suitability Standards.
The appointment or retention of each civilian officer or employee
in any department or agency is contingent upon his meeting one or both
of the following suitability standards according to the nature of the
position for which he is being considered or in which he is serving:
(a) The overall standard for Government employment is whether an
individual's appointment or retention in any position will promote the
efficiency of the service and whether, in any position requiring access
to classified information, such appointment.or retention is clearly can-
sistent with the national interest.
(b) The standard: for appointment or retention in Positions of
Special Trust is whether the individual's demonstrated integrity, trust-
worthiness and discretion are such that his appointment or retention in
such a position would be clearly consistent with the national interest.
Section 6. Positions of Special Trust.
{a) General - Certain positions within the Federal service entail
duties of such a sensitive nature that the misconduct, malfeasance or
nonfeasance of an incumbent in any such position could result in an
unacceptably adverse impact upon the national interest. These positions,
which shaA~ipbaer~ltff~+.R~li~a~ 2002 ~6 9~$~ ~d f k4 ~ o @Q~4 ons of
 bpeci.al Trust. It is vital to the national interest that great care be
exercise(Ap*oG7&d R-lReteb~ 2 2f/faffl&ziGhk RD388-MQ10 ftO~MQ( j? W.2 There
are two categories of Positions of Special Trust:
(1) National Security: Those activities involving access to
classified information or which are directly related to military security,
foreign affairs or intelligence including the protection of the government
against espionage, sabotage, subversion, assassination and terrorism and
any other illegal acts that adversely affect the national defense, such
as those activities which are directly concerned with the protection of
the Nation from internal subversion or foreign aggression.
(2) National Welfare: Those activities which are directly
related to domestic order and the economic and productive strength of
the Nation, including critical policy making and law enforcement positions,
access to sensitive information critical to the Nation's economic or
domestic interest, and access to property or installations that affect
public health, safety or economic well being.
(b) Criteria For Designating Positions of Special Trust - Only those
civilian positions in the Federal service which meet any of the following
criteria shall be designated a Position of Special Trust:
(1) National Security Positions which:
(i) Require access to Top Secret information;
(ii) Require access to Sensitive Compartmented Information;
(iii) Require access to classified information revealing
intelligence sources, methods and analytical, procedures;.
(iv) Require access to any classified information which
is controlled by special access procedures established
by the head of a department or agency;
(v) Involve personnel investigative duties;
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 (vi) Offer the opportunity, through misconduct or
Approved For Release.2002/08/15 CIA-RDP87BO1034R000100030064-2
:negligence, to interfere with or impair vital
functions of an agency critical to national security
interests; or which
(vii) Allow the incumbent to make or influence suitability
determinations concerning persons having the access
or performing any of the duties listed in (i)
through (vi) above.
Positions requiring access to information classified no higher than
r of " I
0t.....
t
fi1...-.t
oth
s ___
than those referred t_ __ ___
e
or Co
ia
er
bsec
(b) ( ) (
through (vii) above or (2) below, shall not be designated as Positions of
Special Trust solely on that basis in that the standard and criteria for
employment in such positions are as prescribed in subsections 5(a) and
8(b)(1); however only United States citizens shall be employed in positions
requiring access to information classified in accordance with Executive
Order 11652.
(2) National Welfare Positions which:
(i) Require access to material or information, the dis-
semination of which is highly restricted because of its
importance to the economic well-being of the Nation;
(ii). Entail responsibility for formulation or implementation
of major plans and policies including enforcement of
laws such that malfeasance or nonfeasance whether
willful or inadvertant results in significant damage
to the national interest that cannot be effectively
prevented or corrected;
(iii) Entail final authority for the recommending or approving
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
the collection, grant, exchange, loan, payment or
 other use of property or funds of high individual-or
Approved For 3Q&2 A; gfiADRJP0iP3#.
9M0@a064?onal
economic policy;
(iv) Entail responsibility for making selections, appoint-
ments or adverse determinations concerning persons
having the access or performing any of the duties
listed in (i) through (iii) above.
(c) Designation of Positions of Special Trust
(1) Authority to Designate: The designation of Positions of
Special Trust shall be made only by the heads of departments, agencies
or major organizational components established by statute or Executive
Order in accordance with the above criteria.
(2) Certification and Redesignation: The heads of organ-
izations referred to'in (1) of this subsection with respect to Positions
of Special Trust:
(i) shall certify in the records of the organization
concerned the validity of the position designation
at the time of designating each separate position;
and
(ii) shall maintain or cause to be maintained a central record
of such positions and annually certify the validity
of designation of such positions to the Civil Service
Commission and
(iii) shall approve any change in designation.
Section 7. Suitability Investigations.
(a) General - The appointment of each civilian officer or employee
in. any department or agency shall be made subject to .an investigation
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 conducted for the purpose of developing information relevant to determining
Approved For Release, 2002108/15 CIA-RDP87B01034R000100030064-2
whether such.appointment-is in.conformance with the applicable standard
specified in section 5 of this Order.
(b) Limits On Investigative Matters - Investigations shall be
designed in so far as is possible to collect only as_much information as
is relevant and necessary for a proper suitability determination, to
develop information that is timely and that avoids unnecessary inquiry
into sensitive or private areas of personal behavior, and to report for
use in final suitability determinations only information that is accurate
and as fully corroborated as possible. Inquires which have no relevance
to a suitability determination should not be lade. Questions regarding
personal and domestic affairs, national origin, financial matters, and
the status of physical health, fall in this category unless the question
is relevant to the disqualification criteria of section 8 of this Order.
The probing of a person's thoughts or beliefs and questions about his
conduct, which have no suitability implications, are unwarranted.
Further, religious beliefs and affiliations or beliefs and opinions
regarding racial matters, political beliefs and affiliations of a nonsubversive
nature, opinions regarding the constitutionality of legislative policies,
and affiliation with labor unions or fraternal organizations are not
proper subjects for such inquiries, except where this information
constitutes a bonafide qualification or fitness requirement for aspecific
employment, unlawful or unconstitutional activities, or relates to the
suitability disqualification factors of Section 8.
(c) Investigations Concerning General Standard Positions
Investigations conducted for the purpose of determining the
suitability of an individual for Federal Service in a General Standard
Position shall be based exclusively on the suitability standard set
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 forth in section 5(a), shall be limited to matters relevant to reaching
Approved For Release. 2002/08/15 CIA-RDP87BO1034R000100030064-2
a determination under that standard, and shall ascertain that no adverse
information exists which would preclude a favorable determination under
that standard; further, such investigation shall consist of a national
agency check, including a check of fingerprint files of the Federal
Bureau of Investigation and, where appropriate, written inquiries to
local law enforcement agencies, former employers and supervisors and
references. However, upon the request of the head of the department or
agency concerned, the Civil Service Commission may, in its discretion,
authorize such less investigation as may meet the requirements of the
national security or welfare with respect to per diem, intermittent,
temporary or seasonal employees, or aliens employed outside the United
States.'
(d) Investigations Concerning Positions of Special Trust
(1) Investigations conducted for the-purpose of determining the
suitability of an individual for Federal Service in a Position of Special Trust,
herein after referred to as a Full Field Investigation, shall be based
exclusively on the suitability standards set forth in sections 5(a) and
(b) of this Order, shall be limited to matters relevant to reaching a
determination under those standards, shall develop information positively
affirming that the individual's conduct and character are such as meet
the standards set forth in sections 5(a) and (b), and shall be completed-
prior. to appointment; provided that when appointment is made prior to
completion of the investigation the procedures prescribed in (2) of this
subsection are followed.
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Full field investigations for all Positions of Special Trust throughout
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
the Executive Branch; shall be personally conducted. investigations with
particular emphasis on the most regent five year period. These investigations
shall be uniform and shall include, as a minimum, the elements listed
below, unless special coverage has been requested by the head of the
department or agency, and approved by the Civil Service Commission.
Nothing in this Order shall be taken to limit the investigation if
significant adverse information is developed outside of the most recent
five year period.
(i) Basic Elements. The basic elements of a full field
investigation are:
o A national agency check as defined in section
2 plus Immigration and Naturalization Service
files (on naturalized citizens) and State
Department passport files (covering foreign
travel).
o Personal interviews with present and former
employers; supervisors; fellow workers; references,
when available; neighbors; school authorities;
and other knowledgeable associates.
o Checks,of police, credit (when practical and
justified), and other pertinent records as-
appropriate, such as FBI field offices, vital
statistics (to resolve discrepancies), military
service, and the like.
(ii) Personal Interviews. Personal interviews as
appropriate, for the proximate 5-year period,
should be scheduled with employers, supervisors,
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Approved For Release. 2862/0 fgsGI-kD -YI96+694ik$607b66i80g*eminent
details for.all-employments in that investigative
period. Particular care shall be taken-also to
verify the fact of unemployment. or self-employment
claimed by the subject of investigation during the
proximate 5-year period.
(iii) Checks with educational sources. Significant
education at a college level should be verified by
a check of the school records. Secondary education
should be investigated when the subject is young
and has had no subsequent schooling. Personal
interviews should be conducted with available
witnesses such as school authorities, professors,
and former students who were associated with the
subject during recent schooling,
(iv) Neighborhood investigation. Neighborhood investigation
normally should be conducted on civilian employees
and applicants to cover residence during the most
recent three years. Testimony of neighbors before
that period may be sought to verify periods of
unemployment or self-employment, or to resolve
questionable matters which have been raised from
other sources. .
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 An invest
conformance with the foregoing scope, shall be accepted as meeting the
investigative requirement for any Position of Special Trust, even though
a more extensive investigative scope has been authorized for such position
by the Civil Service Commission, if the individual concerned subsequent to
the completion of the investigation has been continuously employed in any
Position of Special Trust for 5 years or more - subject to the provisions
of subsection (j) below.
(2) In case of an emergency, a Position of Special Trust may
be filled for a limited period by a person with respect to whom the
required personal investigation has not been completed if the head of
the department or agency personally determines that the waiver of such
completion is necessary in the interest of national security or welfare
based on the following criteria:
(i) the position cannot remain unfilled without unac-
ceptably adverse impact upon the mission of the
organization.
(ii) the applicant/nominee has such unique talent that
no other person can fill the position.
(iii) the priority of the program (assigned personally by
head of agency or department) is so high that
awaiting completion of investigation will result in
program failure.
Such determination shall be made a part of the records of such department
or agency. If such position is filled on this basis, the investigation
must be requested not later than 3 days from entrance of, the employee
concerned on active duty and must*be completed within 90 days from the
date of waiver.
Approved For Release 2002/0,8/15 : CIA-RDP87BO1034R000100030064-2
 Approved For Release 2002108/15.1: CIA R6P87B 1e034R0 1 0J00b4-Ciion
(1) above, investigations of.applicants for Positions of Special Trust
may also include verification of special qualifications for the position
involved as may be determined by the head of the department or agency.
(e) Investigative Expansion or Referral -
(1) Expansion: Should there develop at any stage of in-
vestigation information indicating that the employment of any such
person may not be. clearly consistent with the applicable standard set
forth in section 5 the investigation shall be expanded to the extent
necessary to enable the Civil Service Commission or head of the department
or agency concerned to determine whether the individual-is suitable for
employment or retention in employment. Further, when significant adverse
or questionable information is developed during the course of an in-
vestigation, the subject of the investigation, insofar as national
security permits, shall be afforded an opportunity to affirm, refute or
otherwise explain such information, prior to closing the investigation.
(2) Referral: There shall be referred promptly to the Federal
Bureau of Investigation all investigations which develop information
that an individual's conduct or activities are such as may fall within
the investigative jurisdiction of the FBI.
(f) Investigative Procedures -.
(1) Sources of Investigative Information: Persons conducting
investigations authorized under this section shall collect information.
to the greatest extent practicable directly from the subject individual,
but are authorized to seek additional information from any other appro-
priate source, including but not limited to:
(i) the parent(s) or guardian(s) of.the person being
investigated;
Approved For Release 2002/08/15 CIA-RDP87BO1034R000100030064-2
 (ii) school records;
Approved For Release.2002108/15 : CIA-RDP87B01034R000100030064-2
(iii) federal, state, and local official government
records, including conviction and sentencing in-
formation, court proceedings and probation records
regarding criminal offenders;
(iv) employment records;
(v) medical records relevant to a determination under
section.8(b) (2) (iii) ; and
(vi) personal acquaintances.
The criminal offender information which the department or agency head
concerned or his designee is authorized to obtain under this section
includes, but is not limited to, all criminal history relating to arrests,
indictments, information, or other formal criminal charges, dispositions,
or a reason why no disposition is available, sentencing, and, correctional
supervision and release.
(2) Notice to the Individual: Prior to initiation of any
investigation, the subject of the investigation shall be given written
notice of:
(i) The authority under which the investigation will be
conducted;
(ii) The scope of the investigation including an
enumeration of the types of records and-files to be
checked and the type of individuals-to be contacted;
(iii) The'principal purpose or purposes of the investi-
gation;
(iv) The individuals or organizations that will have
access to the information;
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Approved( or RelleaseQiff0#V&SCIA-R $T la 6 6M*%b4'-$
adverse information;
(vi) A description `of the subject's inform'a.tion rights,
including access rights and rebuttal and appeal
rights;
(vii) A description of the protection that the infor-
mation will receive;
(viii) The effects on the individual, if any, of not
providing all or any part of the requested information.
(3) Information to be Released by the Individual - The individual
shall furnish'a signed personal history statment, fingerprints of a quality
acceptable to the Federal Bureau of Investigation and a signed release,
as necessary, authorizing custodians of police, credit,, education, employment
and medical and similar records, to provide relevant record information
to the investigative agency.
(4) Investigative Limitations With Respect to Privacy - In
conducting investigations under the provisions of this Order, investigators
shall:
W Not investigate any case or person except those
assigned within their lawful duties;
(ii) Not interview witnesses where the testimony is
likely to be overheard by others;
(iii) Always present credentials and inform witnesses of
the reasons for the investigation; the use that will
be made of the witnesses testimony; the eligibility
of the testimony for confidential treatment; the
effects on him, if any, of not providing all or any
part of requested information;
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 U v) 19
Approved For RelNeoats2fvlb if&/~F?~ 87lgb46?4 1'6b6S$N4'2 identity
data, or ask questions in srch a-manner as to indicate
that the investigator is in possession of derogatory
information concerning the subject of the investigation;
(v) Refrain from using, under any circumstances, covert
or surreptitious investigative methods, devices or
.techniques including mail covers; physical or
photographic surveillance; voice analyzers; in-
spection of trash; paid informants, wiretap or
eavesdropping devices;
(vi) Not investigate any case in which the investigator
knows of circumstances which might adversely affect
his fairness, impartiality or objectivity.
(vii) Refrain, under any circumstances, from conducting
physical searches of the subject or his property or
making uninvited visits to the subject's home.
(viii) Refrain from using a polygraph in any investi-
gation conducted under this Order except that an
executive agency which has a highly sensitive
intelligence or counterintelligence mission directly
affecting the national security may use the polygraph
for employment and screening personnel investigations
subject to the provisions of Appendix D of Chapter 736
of the Federal Personnel Manual. All other uses of a
polygraph to screen applicants for or appointees to---
competitive positions are forbidden regardless of
whether the polygraph examination is administered by
the agency concerned or was obtained by that agency
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 from another source such as an examination given
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064 2
previously by another Federal agency or by a.non-
Federal agency.
(g) Investigative Responsibility - The investigation of persons
entering or employed in the Federal Service, including experts and
consultants however employed, shall primarily be the responsibility of
the Civil Service Commisssion, except in cases in which the head of a
department or agency assumes that responsibility pursuant to law or by
agreement with the Civil Service Commission. A full report of investi-
gation or notification of satisfactory completion thereof shall be
furnished to the department or agency responsible for making the suit-
ability determination. r
(h) Investigative Support to Non-Executive Branch Federal Agencies -
Legislative, judicial and quasi-governmental agencies, including the
Government of the District of Columbia, that require investigations
similar to those prescribed in this order may use the investigative
facilities of the Civil Service Commission.
(i) Use of Prior Investigations - In order to avoid unnecessary
duplication of effort and expense, an agency making a suitability determina-
tion pursuant to this Order shall make the fullest use of reports of
prior investigation, to the extent that such prior investigation was
based on the standards, suitability factors and investigative coverage
requirements of this Order. If the prior investigation did not comply with
this Order, such additional investigation as may be necessary shall be
R
conducted.
W. Reinvestigation.
(1) Incumbents. Once a person's suitability for Federal Service
has been determined under the provisions of this order, he shall not be
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 reinvestigated for the same purpose unless information becomes available 21
which r v ?~ ]sadsl?f OO2 /i15 s,;~l !t {~p$~B6dfl8 1 0~3~~64~ie
applicable standard prescribed by section 5. However, the head of a
department or agency authorized to establish Positions of Special Trust
may with respect to such positions designate those which shall require
re-investigation of the incumbent 5 years after employment, and once each
succeeding 5 years, provided that such reinvestigation, in the absence of
potentially disqualifying suitability information, includes as a maximum
(1) requiring the incumbent to submit an updated statement of personal
history to the appropriate office responsible for requesting such investi-
gations, and (2) a review of the statement of personal history together
with the personnel file of the incumbent, locally available previous reports
of investigation concerning him, and any other locally available appro-
priate records. A determination shall then be made as to what further
action is then appropriate, for example, a check of local police and credit
records, a national agency check or an up-dated full.-field investigation.
(2) Former Employees. A former employee, who re--applies for employ-
ment, shall be investigated whenever available information raises a
question as to whether the individual continues to meet the standard
provided by section 5 or there has been a break in his employment by the
Federal government greater than 12 months.
Section 8. Adjudication.
(a) Objectives - The objectives of the adjudication procedure shall
be to determine whether, on the a basis of available information, the
individual's employment reasonably can be expected to promote the efficiency
of'the service and, in the case of a Positions of Special Trust and those.--
requiring access to information classified in accordance with Executive Order
11652, to be clearly consistent with the national interests. Theadjudica-
tion procedure is an effort to assess the probability of future conduct, whether
willing or eldelk~Drdalr/f r5 :t8roi ptel 1%W4 d' ' 3 J impair ease FA-RU
 the efficiency of the service or expose the national interests to hazard or
Approved For Release.2002/08/15 : CIA-RDP87B01034R000100030064-2
-jeopardy. It is an.evaluation of risk which seeks , to. balance the possibility
of prejudicial behavior against the consequences of failure in terms of
the interests of the agency's mission or of the national welfare or
security. Where the nature of the position is such that. the consequences
of failure are of little national import or are easily reparable, some
doubts about an individual's suitability may be resolved in his or her
favor. Where the consequences of failure pose a greater hazard to the
national interests,.however, such as with Positions of Special Trust, a
smaller degree of doubt may warrant disqualification.
(b) Reasons for Disqualification -
(1) General: All applicants for or incumbents of positions
in the Executive Branch must meet the standard of efficiency cited in
Section 5(a). Specifically, an individual shall be disqualified for
such employment if his or her conduct may reasonably be expected to
interfere with or prevent-his or her effective performance in the position
sought or held, or if such conduct may reasonably be expected to interfere
with or prevent effective performance by the employing agency of its
duties and responsibilities. Any of the following factors may be considered
a basis for disqualification:
(i) Delinquency or misconduct in prior employment;
(ii) Criminal, dishonest, infamous or notoriously disgraceful
conduct;
(iii) Intentional false statement or deception or fraud
in examination or appointment;
(iv) Habitual use of intoxicating beverages.to excess;
(v) Abuse of narcotics, drugs, or other controlled
substances;
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 (vi) Reasonable doubt as to the loyalty of the person
Approved For Release. 2002/08/1-5 : CIA-RDP87B01034R000100030064-2
involved to the Government of,the United States;
(vii) Any statutory disqualification which makes the
individual unfit for the service. These suitability
factors have been promulgated by the Civil, Service
Commission which is authorized to make changes in these
factors after consideration of the comments of the public.
and in coordination with the departments and agencies.
(2) Positions of Special Trust amd General Standard Positions
Requiring Access to Classified Information: An individual shall not be
appointed to or retained in a Position of Special Trust unless such
appointment or retention meets the standard cited in section 5(b). In
addition to the factors specified in section 8(b)(1) above, the fol-
lowing factors shall be considered in determining whether the individual's
employment meets the stricter standard for a Position of Special Trust and
those General Standard Positions requiring access to inforamtion classified
in accordance with Executive Order 11652.
(i) Any facts, circumstances, or conduct which furnish
reason to believe that the person concerned may be
subjected to coercion, influence, or pressure which
could cause-him to act contrary to the national
interest;
(ii) Any facts, circumstances or conduct which indicates
poor judgment, unreliability or untrustworthiness
suggesting that the person concerned might fail to
safeguard sensitive information, deliberately or
inadvertently;
(iii) Any illness, including any mental condition, of a
nature which in the opinion of competent medical
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 authority. may cause significant defect in the
Approved For Release. 2002/.08/15 : CIA-RDP87B01034R000100030064-2
judgment or reliability of the.person concerned,
with due regard to the transient or continuing
effect of the illness and the medical findings, in
such case;
(iv) Wanton or reckless disregard of public law, statutes,
(v)
Executive Orders
regulations;
willful disregard of security
Refusal or intentional failure to complete required
personal history statements or security forms, or
otherwise failing or refusing, in the course of an
investigation, interrogation, or hearing, to answer,
or to authorize others to answer, any pertinent
questions regarding the matters set forth in
subsection 8(b)(l) and (2) of this section; or
(vi) A background which cannot be verified sufficiently
to permit a positive demonstration of trustworthiness.
(c) Considerations in Weighing Evidence -
(1)
General Guidelines: '
While equity requires a degree of uniformity in the
adjudication of individual cases, assuring fair and
consistent evaluation of circumstances from one situation
to the next, each case must be assessed on its own merits,
taking into consideration all relevant facts, prior
experience of similar cases, the nature of the position-
involved, including its level of responsibility and
sensitivity, and the acceptability of risk. All 'information
of record, both favorable and unfavorable, must be considered,
and assessed in terms of completeness, relevance, seriousness,
Approveccgeg eajgd2Op?/11x5 $~ iF Q~a8J 01034R000100030064-2
 GJ
Any decision must be a common sense one based on a demonstrable
Approved For Release 2002108/15 CIA-RDP87B.01 Q34R000100030Q64-2
relationship between the facts or te case and e standards
(2) Factors to be Considered:
Although there are certain circumstances which, in them-
selves, are obviously disqualifying, such as the use of a
false identity or the various statutory restrictions on
employment, adjudication of most forms of conduct must
include consideration of all pertinent mitigating or
aggravating factors, including the following:
(i) the nature of the position involved, including
the level of responsibility and sensitivity;
(ii) the nature and seriousness of the conduct;
(iii) the circumstances surrounding the conduct;
(iv) the frequency and recency of the conduct;
(v) the age of the individual, if the activity was as
an adolescent;
(vi) contributing social or environmental conditions;
(vii) the voluntariness of the individual's parti-
cipation;
(viii) the absence or presence of rehabilitation or
effort toward rehabilitation.
(3) Additional Factors to be Considered with regard to
Position of Special Trust:
(i) Refusal by an applicant for or an incumbent of a
Position of Special Trust to furnish or to authorize
others to furnish information deemed necessary and
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Approved For Release $ 2 %%/?54.1'19M>' $134 M:8601300644ability
for'the particular position may warrant an inference
that the individual's employment cannot be found to
be clearly consistent with the national interests.
(ii) An individual employee who recognizes that he or
she has become involved in an incident or situation,
whether by virtue of some misconduct or indiscretion
on his or her part which could adversely affect
the national interests, and who promptly reports
the matter to appropriate authority, shall receive
a sympathetic response. To the extent consistent
with applicable law or regulation and other criteria
of this order, the individual's voluntariness and
candor in providing such information shall be considered
as a mitigating circumstance and, as appropriate, evidence
of a willingness to rehabilitate.
(4) Factors not to be Considered:
(1) Criminal history information which does not show final
disposition of a`charge.must be investigated further to
ascertain the disposition and reasons therefor. No.
adverse determination shall be made except on the basis
of information which is as complete as circumstances allow.
(ii) No adverse determination shall be made on the basis of
how an individual has exercised his First Amendment rights,
which include but are not limited to, religious and
political beliefs, freedom of speech and of the"press, and
freedom of assembly and petition. Such-factors are
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 27
deemed irrelevant in the absence of any indication of
Approved For Release.2002108/15 : dIA-RDP87B01034R000100030064-2
:violation of.law or unconstitutional activity, or income--
patibility with the standards of this Order, in which
case it is the illegal activity or incompatibility and
not the mere exercise of right which becomes relevant.
(d) Timely Adjudication - Adjudication should be completed in a
timely fashion and in no event more than 90 days after the receipt of the final
investigative report.
(e) Notice to. the Individual - The individual shall be informed of
the completion of any investigation conducted pursuant to this
Order and shall be informed of the final suitability determination.
Section 9. Due Process and Adverse Determination Procedures.
(a) Due Process Policy - No person may be denied eligibility for
appointment or appointment in the Federal service or finally removed.
from a position in the Federal service by the Civil Service Commission
or a department or agency for failure to meet the standards prescribed
by Section 5 of this Order unless he has been afforded such due process
as is provided for in this section.
(b) Applicants
(1) No person may be denied eligibility for appointment or
appointment in the Federal service, competitive or excepted service,*by
the Civil Service Commission or by the head of a department or agency
for failure to meet the standards prescribed by section 5, unless the
person has been given:
(i) a written statement of the reasons upon which such
denial is to be based in sufficient detail to afford
an opportunity to respond and offer comments or
other evidence relative to the issues;
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 (ii) a reasonable opportunity to make such response;
Approved Fiorj ekea 2 92/9/I5;tai - o8n7gglgatRgO?10m0na~6a-
which, if adverse, shall cite the specific reasons
upon which the determination is based; and
(iv) a written notification of the right to appeal the
adverse determination to the Federal Employee Appeal
Authority.
(c) Incumbents
No person may be finally removed from employment, competitive
or excepted service, by the Civil.Service Commission or by the head of a
department or agency for failure to meet the standards prescribed by
section 5 unless appropriate Civil Service removal procedures have been -
followed for those persons in the competitive service or the established
agency and appropriate Civil Service Commission removal procedures have
been followed for those persons in the excepted service, except that when
the head of the agency determines that the protection of national security
interests so require the provision of section 10 shall be applied.
Section 10. Procedures Concerning Positions Which Involve National Security
Interests. In furtherance of the objectives of the Act of August 26, 1950
(5 U.S.C. 7531, et seq.), whenever the continued employment of an individual
in the Federal service., or his access to classified information, is found to be
not consistent with national security interests, the head of the agency
shall take appropriate action in accordance with the following procedures.
(a) Suspension from employment or access to classified information.
The head of a department o,r agency shall, when deemed necessary to the national
security, suspend from employment any civilian officer or employee,
competitive or excepted service, or shall suspend the individual's access to
classified information, provided that, to the extent that such agency head
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 determi~rdtras~0~/$/1'~i$SI~DS'~613'P~~00316ified
of the reasons for the suspension and within 30 days after such notification
any such person shall have an opportunity to submit any comments or
other evidence relative to the issues. However, within 120 days, if the
determination is adverse, the head of the agency shall take further action
under one of the following procedures.
(b) Removal from employment or revocation of security clearance.
If the head of a department or agency, based on the circumstances of the
case, determines action should be initiated to finally remove an individual
from employment or to revoke the individual's clearance for access to
classified information, he shall afford the individual the following:
(i) a written statement of the reasons upon which such
removal or revocation of clearance for access to classified information
is to be based in such detail as national security permits and as would
afford him an opportunity to respond and offer comments or other evidence
relative to the issues;
(ii) a reasonable opportunity to make such response;
(iii) after he has made a response, the form or sufficiency
of which may be prescribed by regulations issued by the Civil Service
Commission or the head of the department or agency concerned, an oppor-
tunity to appear personally before the Commission or the head of the
department or agency concerned or appropriate designee for the purpose
of supporting his suitability for retention in the position concerned,_
or eligibility for clearance for access to classified information and to
present evidence in his behalf;
(iv) a reasonable time. to prepare for that appearance;
(v) an opportunity to be represented by counsel;
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 (vi) an opportunity to cross-examine persons either
Approved For Release. 2002/08/15 : CIA-RDP87B01034R000100030064-?
orally or through written interrogatories on matters relevant to his
suitability for retention in the position concerned or eligibility for
clearance;
(vii) a review of his case by the agency head or his
designee, before a determination adverse to the employee is made final;
and
(viii) a written notice of the final decision in his case
which, if adverse, shall specify whether the Commission or the head of
the department or agency found for or against him with respect to each
allegation in the statement of reasons.
The employee concerned shall be afforded an opportunity to cross-
examine persons who have made oral or written statements adverse to the
employee relating to the controverted issue except that any such statement
may be received and considered without affording such opportunity in the
circumstances described in either of the following instances:
(ix) the head of the department supplying the statement
certifies that the person who furnished the information is a confidential
informant who has been engaged in obtaining, intelligence information for
the Government and that disclosure of. this identity would be substantially
harmful to the national interest.
(x) the head of the department concerned or his special
designee for that particular purpose has preliminarily determined, after
considering information furnished by the investigative agency involved
as to the reliability of the person and the accuracy of the statement
concerned,: that the statement concerned appears to be reliable and
material, and the head of the department or such special designee has
determined that failure to receive and consider such statement would, in
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 view of the nature of the position involved, be substantially harmful to
Approved For Release.2002/08/15: CIA,RDP87BO1034R000100030064-2
the national security and that the person who furnished the information
cannot appear to testify (1) due to death, severe illness, or similar
cause,..in which case the identity of the person and the information to
be considered shall be made available to the applicant, or (2) due to
some other cause determined by the head of the department to be good and
sufficient.
Whenever procedures under paragraphs (ix) or (x) of this subsection
are used (1) the applicant shall be given a summary of the information
which shall be as comprehensive and detailed as the national security
permits, (2) appropriate consideration shall be accorded to the fact
that the applicant did not have an opportunity to cross-examine such
person or persons, and (3) a final determination adverse to the ap-
plicant shall be made only by the head of the department based upon his
personal review of the case.
(c) Reassignment to a position which does not involve national
security interests. Nothing in this order shall be deemed to limit or
affect the responsibility and authority of any head of a department or agency
when, in his absolute discretion, he deems-it necessary in the interest of
national security to reassign a person to a General Standard Position from
a Position of Special Trust (National Security) provided that the reassignment
is (1) to a position of the same grade, (2) comparable duties and*.(3') within
the commuting area of the position from which the person.is reassigned.or,.
as appropriate, within the area of the agency headquarters. Tn all such
reassignment cases the reassignee shall be given:
(1) a written statement of the adverse information upon which the
reassignment is to be based in such detail as national security permits and
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 in sufficient d aiL oaf
Approves i-or Retie se. /t ~/ I P~~i - 7 1 0 f comments
or other evidence relative to the issues;
(2) a reasonable opportdnity to make such a response;
(3) a letter of notification of the decision, if reassignment
is decided, which shall cite the specific reasons, to the extent national
security permits, upon which the decision is based.
(d) Reserved Authority Nothing in this order shall be deemed to
limit or affect the responsibility and powers of the head of a department
or agency to deny or revoke access to a specific category of information
classified in accordance with Executive Order 11652 if the security of the
nation so requires. Such authority may not be delegated and may be
exercised only when the head of a department or agency determines that
the procedures prescribed in section 9 or subsections (a)(b) or (c) of
this section cannot be invoked consistently with the national security
and such determination shall be conclusive.
Section 11. Reinstatement, Restoration to Duty and Re-employment.
Any person whose employment is suspended or terminated under the
.authority granted to heads of departments and agencies in accordance
with section 10 of this order shall not be reinstated or restored
to duty or re-employed in the same department or agency and shall not be
re-employed in any other agency or department, unless the head of the
department or. agency concerned finds that such reinstatement, restoration
or re-employment is consistent with the standards of section 5a and b;._
such findings shall be made a part of the records of such department or
agency. However, no person whose employment has been terminated under
such authority thereafter may be employed by any other department or
agency except after a determination by the Commission that such person
is eligible for such employement.
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Section-12. Review of Adverse or Questionable Information Arising.
Subsequ~rg~e~-.Iie~1gQa~(1t :I&;RQPa 7tYon034R000100030064-2
Whenever there is developed or received by any department or agency
information indicating that the retention of any civilian officer or
employee in the Federal Service may not be consistent with the standards
set forth in sections 5(a) and (b), such information shall be forwarded
to the head of the department or agency concerned or his designee who,
after such investigation as may be appropriate, shall review or cause to
be reviewed the adverse or questionable information. If after such
review, it is the determination of the head of the department or agency
that the retention of the persor, concerned may not be consistent with
the appropriate standard(s) set forth in section 5(a) or (b), he shall
initiate action under the provisions of section 9 or 10, as appropriate.
Section 13. Program Management.-
a. General Policy Oversight - Within the Executive Office of the
President, the National Security Council and the Office of Management
and Budget shall exercise oversight of the Civil Service Commission
operation of the Federal Personnel Suitability Investigation and Adjudication
Program and shall be responsible for providing policy guidance concerning
that program and shall effect the necessary oversight needed to assure
that implementation of the policies set forth herein by the departments
and agencies is consistent with the interests of the nation and the-
constitutional and civil rights of the individuals concerned. A program
directive shall be issued by the Civil Service Commission within 90 days
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 Responsibilities of the Departments and Aaencfes -
(1), Department and Agency Systems In furtherance of the
Federal Civilian Personnel Suitability Investigation and Adjudication
Program: the head of each department and agency established by statute or
Executive Order shall be responsible for maintaining a centrally managed
personnel suitability, adjudication and review system to insure that the
employment and retention of each civilian officer or employee, in the
competitive or excepted service, is consistent with the suitability
standards of this order.
(2) Implementing Regulations: The heads of the departments
and agencies shall, within 90 days of the effective data of the directive
cited in subsection (a) of this section, issue appropriate regulations
implementing the policies and procedures of this Order.
(c) Standardized Qualifications and Training of Program
Personnel: The Civil Service Commission, in coordination with other
appropriate agencies, shall prescribe minimum standards for the selection
and training of Federal personnel investigators, adjudicators and
supervisory personnel in these activities.
(d) Index of Investigations:
(i) In order to avoid unnecessary and duplicative investigation
there shall be established and maintained in the Civil
Service Commission an index covering all persons as to
whom personnel suitability investigations-have been
conducted under this order by the Commission or any
department:or agency of the Executive Branch. The index
shall contain the name of each person investigated,
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
 Approvedorqeease 1$~1/081/'~ I`-.RT~$$~4~2~Oa[v1$$$$$64-2
identification of the department or`agency which has
conducted an investigation concerning the person considered,
or has suspended or terminated the employment of such
person under the authority granted to the heads of departments
and agencies by or in accordance with this
order or said Act of August 26, 1950.
(ii) The heads of all departments and agencies shall furnish
to the Civil Service Commission information as prescribed
by the Commission appropriate for the maintenance of
this index.
(iii) Each department or agency shall maintain a record of the
action taken as a result of any investigation conducted by
or at the request of such department or agency in accordance
with this Order. -.
(e) Control, Release and Use of Investigative Reports:
(i) Control of Reports - Reports of investigation developed
for the purpose of this order shall, upon rendering of
}
the final determination, be filed at a place designated
by the Commission or the head of the department or
agency which conducted the investigation, as the case
may be, under conditions which will protect the privacy
of the persons concerned and the interests of the nation.
The reports and other investigative material and information
developed by investigation conducted under this order
shall remain the property of the agency which conducted
the investigation.
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 j4) Release. of Reports.- Access to and release of such
Approved _ _ 5 : CIA-RDP87B01034R000100030064-2
reports will be afforded under procedures prescribed by
the investigative agency concerned in accordance with
Executive Order 11652, the Freedom of Information
Act, the Privacy Act of 1974 and other applicable laws,
rules and regulations.
(iii) Use of Reports,- Except as otherwise authorized by
law or Executive Order such reports shall be used only
to (1) determine an individual's suitability for Federal
Service as provided for in this Order or (2) eligibility
for access to classified information; except that such
reports may be used to compile management and statistical
information necessary for the effective management of the
Federal Civilian Personnel Suitability Investigation and
Adjudication Program. Such reports,_or information from
them, shall not be used for the purpose of determining an
individual's eligibility for promotion, selection for
training or qualification for assignments not involving
Positions of Special Trust.
(iv) Disposal of Investigative Reports.: Investigation reports
prepared as. provided by this Order shall be destroyed
fifteen years after the last investigative activity unless
they contain significant adverse information in which case
they shall be retained twenty five years after the last
investigative activity.
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 ivj n LeUL.QU oZ xcepores reports snail oe main aznea with
Approve4ras.$APBgB~80igf~4d
...timely to accomplish the objectives of this order and
sufficiently corroborated to assure accuracy. Reports -
concerning incumbents will be audited each. time they are used,
to insure that the material contained in the reports is
necessarily accurate, relevant, timely and complete. In conformanc
with the Federal Records Act and other statutes and
orders governing record retention, agencies will adopt
and publish purge schedules for all reports compiled
under this order to promote the retention of'necessary
relevant and timely information. .
(f) Standard Forms: In order to avoid unnecessary proliferation
of forms, the Civil Service Commission, in coordination with other ap-
propriate agencies, shall develop and prescribe.standard forms which
shall,be used uniformly by all departments and. agencies in implementing
the Federal Civilian Personnel Suitability Investigation and Adjudication
Program to include personal history statements, privacy statements.,
release authorizations, investigative requests, investigative reports,
testimony vouchers, adjudicative work sheets, suitability determination
memoranda, suitability determination records, and notification statements
to the subjects of investigations.
(g) Clearing House for Program Management Information:
The Civil. Service Commission, operating under the guidance of the Executive
Office-of the President shall, establish a clearing house for information
vital to effective program management such as legislative initiatives
Approved For Release 2002/08/15 : CIA-RDP87B01034R000100030064-2
 anl,hearings,, court and administrative hearing decisions and similar
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2
matters.
(h) Program Review: In order to assure full and continuing compliance
with the provisions of this order, the Civil Service Commission, with
the cooperation of the agencies and departments, shall effect continuing
review of the manner in which the order is being implemented throughout
the Federal Government and shall submit to the Executive Office of the
President for review by the National Security Council and the Office of
Management and Budget an annual report with recommendations to correct
any deficiencies in the program which are inconsistent with the national.
interests or rights of the individual under the Constitution, the laws
of the United States, or this Order. In addition, the Civil Service
Commission shall develop and prescribe statistical reporting procedures
designed to facilitate analysis of the effectiveness of the investigative
and adjudicative processes of this Order. .
(i) Annual Certification: In.addition to the annual certification
required by section 6(c)(2)(ii) of this Order, each department and agency
shall make an annual report to the Civil Service Commission of the
waivers granted under section 7(d)(2) of this Order and such information
shall be included in the report cited in (h) above.
Approved For Release 2002/08/15 : CIA-RDP87BO1034R000100030064-2