DRAFT EXECUTIVE ORDER SUITABILITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00498A000200110039-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 14, 2016
• Document Release Date: November 18, 2002
• Sequence Number: 39
• Publication Date: September 17, 1976
• Content Type: MF

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17 September 1976
OLC: 76-2630
MEMORANDUM FOR: E. Henry Knoche
THROUGH:
FROM:
SUBJECT:
Deputy Director of Central Intelligence
Jack Blake
Deputy Director for Administration
George L. Cary
Legislative Counsel
Draft Executive Order "Suitability Requirements
for Government Employment"
1. The attached materials have been prepared in response to a
request from the General Counsel at OMB for the DCI's comments on a
draft Executive Order.
2. The proposed Order, "Suitability Requirements for Government
Employment", would relax the standards under which employees and
applicants are investigated, and would restrict the types and degree of
information into which the investigators could delve. The procedures
and standards in this proposed Order are not acceptable as.far as protecting
foreign intelligence information is concerned, This points out a fundamental
problem with the draft Order --- it does not: make clear that the DCI has the
responsibility for protecting intelligence information, including the
authority to establish standards for access thereto. Furthermore, and
also of serious concern, are provisions of the draft Order that would grant
Federal employees and applicants certain clue process rights regarding
notification, adverse actions, and adjudication procedures; these provisions
arguably weaken the Director's termination authority under Section 102(c)
of the National Security Act of 1947.
3. The attached letter and changes to the draft Executive Order
establish our strong opposition. This material, prepared in conjunction
with and concurred in by the Intelligence Community Staff, the Office of
Security, the Office of Personnel and Office of General Counsel, substantially
revises the draft Order in order to bring it in line with the Director's
responsibilities and authorities. I am advised by the Office of Security
that even if all the changes are made, we could not escape having to give,
rejected applicants more information than under present procedures.
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4. Neither the Agency nor the Intelligence Community Staff was
consulted in the drafting of this Order, and, as far as can be determined,
the NSC has not yet been brought into the picture. The Order apparently
is being pushed strongly by OMB, the Privacy Committee of the Domestic
Council, and DOD (which favors the lowered standards, among other things,
for the manpower and monetary savings involved). Our signals indicate
OMB wants very much to have the Order ready before Election Day. We
apparently will have to fight OMB in attempting to quash the Order or to
alter it adequately. Time is of the essence in getting this package to OMB;
the General Counsel's Office at OMB was somewhat .hesitant to extending
their :1.5 September deadline by a few days.
5. It is the recommendation of those who have worked on this
complicated Order that you or the Director contact Brent Scowcroft, either
by telephone or by forwarding a copy of this package to him, as soon as
possible to apprise him of the serious problems we have with this draft
Order, in an effort to enlist his support in making sure that our concerns
will be represented adequately in this matter. The attached letter to OMB
Director James T. Lynn is to be signed by the Director.
Tev ge . Car
Legislative Counsel
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STATINTL
STATINTL
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 CENTRAL INTELLIGENCE AGENCY'
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Honorable James T. Lynn, .Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. I yrt_n :
This is i.n response to the letter of 6 August 1976, from
your General Counsel, requesting xx-.ry comments on the proposed
Executive Order entitled "Suitability Requirements for Government
Employment. " A careful review of the draft Order has led me to
conclude that its standards and procedures do not afford adequate
protection to the Government's sensitive foreign intelligence
information or activities.
In light of my statutory and executive responsibilities to
protect intelligence sources and method. and analytical procedures,
it is of deep concern to me that only those persons of the highest
degree of loyalty and trustworthiness are granted access to foreign
intelligence data requiring protection. rJ1e minimum. personnel
security standards and procedures governing access to Sensitive
Compartmented Information are contained in Director of Central
Intelligence Directive No. 1/14, which was issued pursuant to
(Executive Order 11905, Section 102 of the National Security Act of 1947,
and National Security Council Directives. DCID No. 1/14 applies to all
Government personnel and private individuals requiring access
to such information.
Although the summary and analysis submitted with the
proposed Executive Order refers to certain exemptions for the
the Central Intelligence Agency and the National Security Agency
where the Order may be in conflict with the authorities noted above,
the Order itself does not reflect the responsibility of the
Director of Central In tellig;ence for establishing and :monitoring
access to and protection of foreign intelligence information.
Since it is imperative that any Executive Branch action along
the lines of the proposed Order :must not conflict with such other
statutes and Orders as relate to foreign intelligence information,
I axn enclosing a copy of the Order with changes necessary to
bring it in. line with existing standards and procedures for pro-
viding access to sensitive foreign intelligence information, as
well as an explanation of the major changes.
:~ t m
rrl~..1g"2F>
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As can be seen from a reading of the proposed amendments,
my concerns center around two general propositions.. Ixthe first
place, the proposed Executive Order -would establish standards
for access to foreign intelligence information which I find unacceptable
in light of my statutory and executive authorities. The implementation
of the standards and procedures in this Order would lead to situations
in which I could not accept certification of clearances on individuals
granted under the relaxed standards of the proposed Order-. Secondly,
I am concerned that the provisions of this proposed Order that relate
to purported rights of employees or applicants conflict with. my
termination authority under Section 102(c) of the National Security
Act of 1947, as amended. This authority vested in the Director of
Central Intelligence reflects the necessity that he retain. flexibility
and discretion in protecting sensitive intelligence information and
those positions involving access thereto-
It is my strong belief that further consideration should be
afforded to the timeliness and scope of the proposed F'.xecutive
Order, and that, the concerns registered in this letter and explained
more fully in The enclosures be included in such deliberations.
It is recognized that our changes involve significant alterations to
the proposed Executive Order. This, however, reflects the :fact
that representatives of the Central Intelligence Agency and the
Intelligence Community Staff were not consulted in drafting
deliberations.
Sincerely,
George Bush
Director
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 Executive Registry
::Ap ,roved Fori4kT1/1~t:ClAFPI7~HAOt~19QQ~900 9f.~ v c;
WASHINGTON. U.C. 20503
Honorable George Bush
Director
Central Intelligence Agency
Washington, D. C. 20505
Dear Mr. Bush;
August 6, 1976
Herewith, in accordance with the provisions of Executive
Order No. 11030, as amended, is a proposed Executive
order entitled "Suitability Requirements for Government
Employment."
This proposed order, along with the enclosed summary
and analysis, was submitted by the Domestic Council
Committee on the Right of Privacy.
The draft order rests on two premises. First, for the
vast majority of Federal positions, the Executive Branch
does not need, and therefore should not collect, extensive
background and other kinds of personal information. It
indicates that the government's interest in what the
order calls "general standard positions" is to assure
that it hires-and retains competent employees. In these
positions the chance that employees will deliberately
or inadvertently pose a significant danger to a national
interest are so marginal that privacy and cost concerns
demand that the government collect only enough personal...
information to make appropriate personnel and competency
judgments. The proposed order establishes strict limits
on investigative scope and methods and includes important.
new rights of privacy, notice and due process.
In its second premise, the proposed order reflects the,
belief that a select number of Federal positions involve
activities that are extraordinarily sensitive and critical
to the Nation's welfare. For these positions the public
runs a significant risk that incumbents can deliberately
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or inadvertently do substantial damage to critical national
interests. In what the order calls "positions of special
trust" the government not only has an interest in its
employees' competence, but also in a complete range of
personal attributes, including emotional and intellectual
stability, trustworthiness and unswerving allegiance
to the Nation. This proposed order strengthens Executive
Branch capability to collect and use detailed personal
information to make employment, retention and promotion
decisions about individuals who fill these critical positions.
The proposed Executive order is intended to improve the
ability of the Civil Service Commission in collaboration
with OMB and the National Security Council to oversee
operation of the system and hold participants accountable
for abuses. The order establishes procedures to discourage
investigations that are untimely, duplicative or mere
formalities. In combination with changes in substantive
standards, the system management provisions in this order
should work to reduce the number of full field investi-
gations, and ensure agency compliance with security,
privacy and due process safeguards.
On behalf_ of the Director of the Office of- Management.
and Budget, I would appreciate receiving your comments
concerning this proposed Executive order. Comments or
inquiries may be submitted by telephone to Mr. Ronald
A. Kienlen (395--5600, IDS 103-5600). T will assume that
you have no objection to the issuance of this proposed
order if your comments have not been received by Wednesday,
September 15, 1976.
Sincerely,
William M. Nichols
General Counsel
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