REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR SECURITY CLEARANCE FOR ACCESS TO CLASSIFIED SECURITY INFORMATION IN THE EXECUTIVE DEPARTMENTS AND AGENCIES OF THE UNITED STATES GOVERNMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86T00268R000100050008-0
• Release Decision: RIFPUB
• Original Classification: R
• Document Page Count: 14
• Document Creation Date: December 27, 2016
• Document Release Date: March 19, 2013
• Sequence Number: 8
• Publication Date: July 12, 1951
• Content Type: MEMO

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WASHINGTON
EXECUTIVE OFFICE OF THE PRESIDEN
NATIONAL SECURITY COUNCIL
July -121 1951
MEMORANDUM FOR THE NATIONAL SECURITY COUNCIL
SUBJECT: Regulations Establishing Minimum Standards for
Security Clearance for Acc-e's-r"to C sli'-i-ed-
Security Information in the Executive Departments
and Agencies of the'United States Government
REFERENCES: A. Memos for NSC from Executive Secretary same
subject dated June 20 and July 6, 1951
B. NSC Action No. 506
C. Memos for NSC from Executive Secretary subject,
"Minimum Standards for the Handling and Trans-
mission of Classified Information", dated June
19, July 6 and July 11, 1951
The President has this date approved the draft
--executive order on the subject as adopted by the National Security
Council, the Secretary of the Treasury, the Attorney General, the
Secretary of Commerce, the Director of Defense Mobilization the
Chairman, Atomic Energy Commission and the Chairman, Civil Service
Commission, at the 96th Council, meeting (NSC Action No. 506).
The approved executive order is accordingly trans.
mitted herewith for Council information and, at the direction of
the President, is being transmitted to the Directors Bureau of
the Budget for issuance at the time of or subsequent to the
issuance of the proposed executive order on "Minimum Standards
for the Handling and Transmission of Classified Security Information"
(Reference C).
JAMES S. LAY, Jr.'
Executive Secretary
" "`*+ J v; ui1L-' Treasury
The Attorney General
The Secretary of Commerce
The Director of Defense Mobilization
The Director. Bureau of the Budget
The Chairman, CivilcService Commission
Attached draft dozmgraded
from Restricted to
Unclassified as per memo
from ES NSC dtd 9 Nov 51,
subject to conditions
set forth therein.
2
Jul
951
iemo
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EXECUTIVE ORDER
PRESCRIBING REGULATIONS ESTABLISHING
MINEVIV11 ST.: NDARDS FOR SECURITY CLEAR-
ANCE FOR ACCESS TO CLASSIFIED SECURITY
INFORMATION IN THE EXECUTIVE DEPART-
MENTS AND AGENCIES OF THE UNITED STATES
GOVEMEN T
IG UNCLASSIFIED
July 11, 1951
WHEREAS on the day of 1951, there was
promulgated Executive Order prescribing regulations establishing
Minimum Standards for the classification, transmission and handling of
classified security information, within the Executive Branch of the Federal
Government, for the purpose of safeguarding official information the
unauthorized disclosure of which would or could harm, tend to impair
or otherwise threaten the national security; and
WHEREAS it is necessary, in order adequately to protect and
safeguard such official information, that there be established in
addition to the above mentioned regulations a system whereby classified
fl security information in the possession of the Departments and Agencies of
the Executive Branch of the Government shall be made available or dis-
seminated to individuals employed by, hired on a'contractual basis by,
or serving in advisory capacity to any executive department or agency,
whether on a permanent, temporary or part-time basis and whether or not
they are compensated for their services rendered, only in accordance
with a uniform minimum policy designed to maintain the security of such
information by restricting and limiting its dissemination to such of
those individuals as have been granted security clearances pursuant to
such policy; and
1FHEREAS it is desirable and proper that the Minimum Standards
for procedures, designed to protect the national security by restricting
the dissemination of such information to individuals who have been
granted such security clearances, should be uniformly applicable to
all Departments and Agencies of the Executive Branch of the Government
and should be known to and understood by those who deal with or seek
employment with the Federal. Government:
NOW1THEREFORE, by virtue of the authority vested in me by
the Constitution and statutes, and as President of the United States,
I hereby prescribe the following regulations establishing Minimum
Standards within the Federal Government for security clearances for
access to official classified security information, for the purpose of
safeguarding against disclosure to unauthorized persons of such infor-
mation upon which the security of the nation rests or depends.
~:-~ UNCLASSIFIED
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These regulations shall be applicable throughout the Execu-
tive Branch of the Government to the extent not inconsistent with laur.
Nothing in these regulations shall be construed to replace, change, or
otherwise be applicable Ftrith respect to (a) any material or information
protected against disclosure by any statute or (b) any restrictions
upon the dissemination of material or information to any persons which
are imposed by any statute. Nothing in these regulations shall be
construed to authorize the dissemination, release, receipt, handling
or transmission of classified security information contrary to the
provisions of any laiv, Executive Order or Presidential Directive which
restricts the same.
These regulations shall take effect ninety days after publica-
tion in the Federal Register and I call upon all citizens of the United
States to join with the Federal Government in a concerted and continuing
effort to prevent disclosure, to those who are inimical to the interests
of the United States, of information which is in any way concerned with
the security of our nation.
Security regulations governing the protection of classified
security information provide that no person is entitled solely by
virtue of his office or position to knowledge or possession of classi-
fied material, and that such material will be entrusted only to those
individuals whose official governmental duties require such knowledge
or possession.
The purposes of these Minimum Standards therefore are
(1) to establish the policy and general procedure relating to personnel
security investigations and the clearance of personnel within the
Executive Departments and Agencies of the United States who, by reason
of their assignment or employment, require access to classified security
information; (2) to define and establish ifinimum Standards of investiga-
tion and criteria upon which clearances may be granted; and (3) to effect
general uniformity in the field of personnel security investigations and
clearances throughout the said Executive Departments and Agencies, so that
the interchange of information vrithin the Government pertaining to completed
personnel security investigations and granted clearances may be facilitated,
PART II - GENERAL CRITERIA
As a general policy no person will be granted a security clearance
if information is developed which raises a doubt regarding his trustworthiness.
RETRTe.
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PART III - TYPES OF INVESTIGATIONS
1. 1&hen the investigation of any individual is required upon
which a clearance may be granted, the type of investigation to be con-
ducted will depend on the degree of classified security information to
which he will require access. Upon determination of the degree of
classification, the minimum standards of investigation as set forth
herein will be followed.
2. Personnel security investigations will be of two types:
a. National Agency Check
b. Background Investigations.
3. These minimum investigative standards may be raised in any
particular case or category of cases, if deemed necessary by the depart-
ment or agency concerned.
PART IV - NATIONAL AGENCY CHECK
1. A National Agency Check consists of a check, by the depart
ment or agency concerned, or by the Civil Service Commission, with the
following agencies:
a. Federal bureau of Invests ation FBI . The
name check. A properly completed non-criminal
type fingerprint card must be submitted to the FBI
by the department or agency concerned (see Part VIII,
Paragraph la).
b. Assistant Chief ofSta, G-2, Department of the
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A G- Office of Naval Intell enc Dear Department
!he o he Navy ?oil . or Office Special InvesT -
01` he Air Force
L., USAF De artment
h'of Intelligence Division
WIN Coast , as appropriate, will be checke
w en e vi ual is or has been a member of the
armed forces or a civilian employee of the coast
Guard or the Department of Defense or its prede-
cessors, the Departments of Vfar and Navy and/or the
National Military Establishment.
Civil Service Commission C50). Investigative and
FIRM
1. er Index Files wi.1 Te checked in all cases
where the individual i or has been an employee of
the United States Government.
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d. Immigration and Naturalization Service. I&NS),
or other appropriate recor s, wi 11 be checked in
all cases where the individual is an alien or a
naturalized citizen.
e. House Committee on un-American Activities (HCUA),
wa be checked when consi ere pertinent to the
purpose of the inquiry,
f. Other Agencies, will be checked when considered
pertinent to he purpose of the inquiry.
2. In the event that derogatory or questionable information con-
cerning an individual is disclosed by a National Agency Check, the inquiry
will be extended as necessary to obtain such additional information as
may be required as a basis upon which to grant or deny clearance.
PART V - BACKGROUND INVESTIGATION
1. A background investigation is one in which inquiry is made
as outlined in part VI into pertinent facts having a bearing on the loyalty
and fitness of the individual. Itwwjrill normally cover the period of his
life from January 1, 1937 to the date of the investigation or from the
date of his eighteenth birthday, whichever is the shorter period unless;
a. Derogatory information is developed in the course
of the investigation, in which event the investi-
gation will be extended to any period of the
individual's life necessary to prove or disprove
the allegations; or,
b. Additional investigation is specifically required
by competent authority.
2. In the event, however, that credible derogatory information
is developed which raises any question of loyalty to the Government of
the United States or which indicates subversive activity, the case will
immediately be referred to the Federal Bureau of Investigation, except
as may be otherwise agreed between the Federal Bureau of Investigation
and the department or agency concerned.
PART VI - COMPONENT PARTS OF BACKGROUND
INVESTIGATION
1.
National Agency Check.
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2.
Birth Records. The individual's date and pla ce of birth
" "
wilt
ver`37jed through school, employment or other
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records. Only if a discrepancy appears need vital
statistics, and any other records necessary to establish
correct date and place of birth be checked.
3. Education. Attendance and activities at last school or
college will be verified, except service schools of the
Armed Forces. In addition to checking school records,
persons in a position to know of the individual's
activities while in attendance should be interviewed,
if available.
4. Employment. The employment records of present and former
employers since January 1, 1937, or since the eighteenth
birthday of the individual, whichever involves the
shorter period, will be checked. Former employers and
co-workers should be interviewed, if available, to
ascertain the loyalty, character and reputation of the
individual.
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5. References* References should be interviewed. Inter-
.v ews sto d also be had with persons (not relatives or
former employers) who have knowledge of the individual's
background and activities, but who are not given as
references by the individual.
6. Neighborhood Investigations. 10Jhere deemed necessary or
expedient in proving o disproving derogatory information,
neighborhood investigations shall be made.
7. Criminal Record. The records of Police Departments and
other law en orcement agencies in the vicinities where
the individual has resided or been employed for substantial
periods of time should be checked if information developed
from a National Agency Check is not considered adequate.
The records of local FBI offices should not be checked
unless special circumstances warrant the advisability
of so doing.
8. Military Service. The personnel file covering any period
o service o Me individual in the armed forces will be
checked where available.
9. Citizenship. Status. In all cases the citizenship status
of the incT' iVmill be established*
a. United States Citizens, (See Paragraph 2 of this Part.)
b. Aliens. The records of the immigration and Naturali-
zation Service, Washington, D. C., or other appropriate
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RESTRItLTM
records, will be checked to verify date and place of
birth, legal entry into the United States, and to
ascertain whether the individual has indicated an
intention to become a citizen of the United States.
Os Naturalized.Citizens. The naturalization and date and
pace o birth wI e verified through appropriate
records,
10. Foreign Travel. If the individual has traveled outside the
13.
United States si J 1
nceanuary, 1937, except in United States
military service, the Department of State records should
be checked to determine reasons for such travel. In the
investigation of individuals, other than in government
employment, currently domiciled abroad or who were
domiciled abroad since July 1, 19LL6, records of the
Central Intelligence agency (CIA) should also be checked.
Credit Reoord. Whenever necessary, credit agencies and/or
cre i references should be contacted in those places
where the individual has resided for substantial periods
of time since January 1, 1937 or since the eighteenth
birthday, whichever is the shorter period,
Foreign Connections. In -the course of th r
t
U a.nves
igati.on,
the extent and purpose of contacts and associations with
foreign nationals or organizations should be ascertained.
Organizations. During the course of the investigation,
as se f'ortei "above and by examination of Personel History
Statements and other records examined, efforts should be
made to determine if the individual had:
"Membership in, affiliation with or sympa--
thetic association with any foreign or domestic
organization, association, movement, group or
combination of persons, designated by the Attorney
General as totalitarian, fascist, communist, or
subversive, or as having adopted a policy of
advocating or approving the commission of acts of
force or violence to deny other persons their rights
under the Constitution of the United States, or as
seeking to alter the form of government of the
United States by unconstitutional means." (cecu-
tive order 9835, Part V).
In the event credible information is developed indicaten
such membership or affiliation, the investigation should be g
immediately referred to the Federal Bureau of Investigation
as contemr.lated in Part V, 2, supra, except as otherwise
ESli ICT~
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PART VII - CLEARANCES
1. Citizens of the United States employed by, hired on a con-
tractual basis by, or serving in an advisory capacity to any executive
department or agency, whether on a permanent, temporary or part-time
basis and whether or not they are compensated for their services rendered,
may be declared eligible for access to classified security information by
being granted a final or interim clearance under the standards set forth
below for each category of information. When an interim clearance is
granted the agency granting the same must insure that the additional in-
vestigative procedure necessary to satisfy the final clearance requirements
is in progress or must immediately initiate such additional procedurea
as TOP SECRET SECURITY INi.~OIMUTION
(1) Final clearance
(a) Background investigation or,
(b) National Agency Check, plus
1. Continuous honorable active duty as a
member of the Armed Forces or as a
civilian in the Government service or a
combination of both, for a minimum of
ten consecutive years (without more
than one break not to exceed 90 days)
immediately preceding the date of the
current investigation, and provided
there is no information available
indicating disloyalty or casting doubt
on the character, integrity, or dis-
cretion of the individual, plus
2. Check of the agency-s security files or
other appropriate records to determine
that no significant derogatory infor-
mation concerning him is contained
therein, or
(c) When the individual occupies a specific
office in the Government to which he has
been appointed by the President.
(2) Interim Clearance
(a) National Agency Check or
(b) Continuous honorable active duty as a
member of the Armed Forces or as a civilian
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in the Government service or a combination
of both, for a minimum of five consecutive
years (without more than one break not to
exceed 90 days) immediately preceding the
date of the current investigation, and
provided there is no information available
indicating disloyalty or casting doubt on
the character, integrity, or discretion of
the individual.
be SECRET SECURITY INFOITIATION
(1) Final. Clearance
(a) Military - A National Agency Check.
(b) Civilian - A National Agency Check or a
recor check and inquiry conducted by the
Civil Service Commission as provided in
Paragraph 3, Part I of }Executive Order 9835?
(See Part VIII, Paragraph la, infra.)
(2) Interim Clearance
(a)
(b)
.1ilitary:
1. Check of 201 File or Bureau of Naval
Personnel File, and if one exists, the
Intelligence Field File or Special File
oz ONI Case History File; and there is
no information contained in these files
reflecting on the loyalty, character,
integrity, or discretion of the individual.
Civilian:
1. Civil Service Commission Preappointment
Loyalty Check; (This is a check of major
loyalty files by the civil Service Com-
mission, conducted prior to an applicant
appointment to a position designated by
the head of the enploying agency as
sensitive) or Records Check conducted by
the FBI under Part VI of Executive order
9835, relating to incumbents.
c. CONFIDENTIAL SECURITY IN ORI,'iATION
(1) Final Clearance
R4~CTED
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(a) Eilit ry and Civilian EiTployees:
1. Formal clearance will not be required for
access to "Confidential'i security infor-
mation or material provided the individual
concerned is a member of the Armed Services
or, if a regular civilian employee, has
been cleared through the investigation
conducted by the Civil Service Commission
under Part I of Executive order 9835 or
the FBI under Part VI of Executive order
9835 relating to incumbents, and there is
no information available indicating dis-
loyalty or casting any doubt on the
character, integrity, or discretion of
the individual.
(b)
Consultants and persons hired on a contractual
basis by or servin in an advisory capacity to
any executive department or a ency, -whethe r on
aernanent, teinporar r ors art-time basis and
whether or not they are co m ensated for_ their
services rendered:
1. Formal clearance will be required based
upon a National Agency Check, with
satisfactory results.
(2) Interim Clearance
(a) For this purpose no Background Investigation
or National Agency Check will be mandatory
prior to access to "Confidential', security
information or material except as hereinafter
provided and in specific cases there it is
deemed desirable by the res_ponsible authority
in the interest of secuxity to have either a
Background Investigation or a National Agency
Check. ('or Aliens, see Part VII, Paragraph
2, infra.)
d. f STRICTED SECURITY IN::OIL__ ;TON
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(1)
No formal clearance is required by these minimum
standards for duties ~dhich require access to
"-nestrietedj" security information. The appropriate
officer or responsible authority may authorize
access to "Restricted" security information.
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e. ACCESS PENDING CLEARANCE REQUIREMENTS
(1) When it is required that a United State citizen
have immediate access to "Top Secret" or t+Secret?
security information in order for him to carry
out an assigned task and the delay caused by
awaiting interim clearance would be harmful to
the national interest, the responsible
authority concerned may authorize access, only
for the purpose of carrying out the assigned
task, based on the records immediately available,
but must immediately institute the procedures
necessary to satisfy the clearance requirements.
A record of such Authorizations will be made.
n
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2. Aliens employed by, hired on a contractual basis by, or
serving in an advisory capacity to any executive department or agency,
whether on a permanent, temporary or part-time basis and whether or not
they are compensated for their services rendered, who require access to
security information classified "Confidential" or higher may be declared
eligible for access to such information only by being granted a final
clearance as a result of a background investigationo
a. Interim Clearance
(1) Aliens may be granted interim clearance for access to
"Confidential"" security information on the basis of
a favorable National Agency Check pending completion
of the background investigation.
b. Access Pending Clearance Requirements
(1) When it is required that an alien have immediate
access to "Confidential" security information in
order for him to carry out an assigned task, and
the delay caused by awaiting interim clearance
would be harmful to the national interest, the
responsible authority concerned may authorize access,
only for.the purpose of carrying out the assigned
task, based on the records immediately available,
but must immediately institute the procedures
necessary to satisfy the clearance requirements. A
record of such authorizations will be made.
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PART VIII - CIVIL SERVICE C(M&.IISSION
1. Investigations.
a. The Record Check and Voucher Inquiry Investigation
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b.
conducted by the Civil Service Commission, which includes
a National Agency Check as provided in Part I of Executive
Order 9835, should be accepted for investigative or
clearance purposes within executive departments and
agencies as the equivalent of a National Agency Check.
It will not be necessary in any case for the investigative
organizations of any of the executive departments or
agencies to duplicate any part of a National Agency'Check
as herein defined conducted under either Parts I or VI
of Executive order 9835, in order that a clearance may
be granted, provided that the individual has been con-
tinually in the employ of the government since the com-
pletion of such investigation.
In those cases where a background investigation is required
under the provisions of these minimum standards, the
National Agency Check component of the background investi-
gation should not be duplicated by the investigative
organization concerned if it is determined that the Civil
Service Commission is conducting its investigation as
required by Part I of Executive order 9835.
2. Notice to Civil Service Commission and reply thereto,
a. In order to comply with Section 2, Part III of Executive
Order 9835, the investigative organizations vwhich con-
duct personnel security investigations will prepare and
submit, in duplicate, a "Notice of Personnel.Investigation"
(Standard Form 79) to the Investigations Division, United
States Civil Service Commission, :,'ashington 25, D.C., on
the same day the investigation is initiated. This require-
ment will apply only to background investigations insti-
tuted., and not to aN tional Agency Checks,
be The Civil Service Commission will search the Standard
Form 79 against its investigative files and report to the
agency on one copy any pertinent information resulting
from the search, including the location of any report of
previous investigation. The other copy will be filed
in the master index file. The information reported by
the Commission will be used to prevent duplication in
investigative coverage as provided for in Part XI, infra.
PART IX - RECORD OF INVESTIGATION AND CLEARANCE
Final and interim clearances granted must be made a matter of
record and made a permanent part of the security files, so as to avoid
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duplication of investigations and clearances. Denial of clearance must be
made a matter of record in a similar fashion, including a statement of the
reasons for such denial. The record should reflect the date of investigation;
the type of investigation conducted; the agency which conducted the investiga-
tion; the location of the investigative file; the date clearance was granted
or denied; the signature of the authorized person granting or denying the
clearance; and the following specific entry: "(interim) (final) clearance
granted for access to (classified categories) security information required
in the performance of officially assigned duties."
PART X - DELEGATION OF AUTHORITY
The head of the executive department or agency concerned is
authorized to clear personnel for access to classified security information.
Such authority may be delegated within these departments and agencies, but
the heads thereof shall be responsible in all cases within their respective
jurisdictions and shall not by virtue of said delegation be relieved of
their responsibility under this Part.
PART XI - RECIPROCAL ACCEPTANCE OF PREVIOUS
INVESTIGATIONS AND CLEARANCES
1. It is highly desirable that responsible authorities within
the executive departments and agencies accept from each other on a mutual
and reciprocal basis the results of previous investigations, and previous
clearances which have been granted by appropriate authority. Such
reciprocation will avoid the repetitious filing of Personal History
Statements, and the time and expense of multiple investigations and
multiple clearances. However, this applies only where a prior investiga-
tion by an investigative agency of the Government meets the standards
prescribed herein, If the prior investigation does not meet such standards,
supplemental or additional investigation should be conducted.
2. The prior clearance of, or denial of access to, an individual
by an appropriate authority of one department or agency will not, however,
be binding on another department or agency. The ultimate authority to grant
or deny clearance in any case will rest with the head of the department or
agency who is responsible for the security of the information to which the
individual in question may be granted access.
PART XII - PRIOR CLEARANCES
At the discretion of the head of an agency, the applicability of
these minimum standards will not affect clearances granted prior to the date
of publication of these regulations.
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PART XIII - ACCESS TO ATOMIC ENERGY ACT
"RESTRICTED DATA"
Clearance of personnel within the government for access to
"Restricted Data" as defined by the Atomic Energy Act of 1946 will be
governed by the provisions of that Act and by the regulations of, or
agreements with, the Atomic Energy Commission.
PART XIV - CANCELLATION OF INVESTIGATIONS
Some personnel security investigative cases pending may be no
longer necessary, for such reasons as the decease of the individual,
separation from the service, or a change in employment; or for some other
non-security reason. In those instances, in order to save time, effort,
and expense, each requesting agency will promptly notify the appropriate
investigative agency to cancel all investigations which for any reason
are no longer required.
Nothing herein contained will affect any authority and procedures
C prescribed by Executive order 9835 dated March 21, 1947, or by any law
of the United States.
PART XVI - INTERPRETATION OF RLGULATIOi\.TS BY
THE ATTORNEY GENERAL
The Attorney General, upon request of the head of a department
or agency or his duly designated representative, shall personally or
through authorized representatives of the Department of Justice render
an interpretation of these regulations in connection with any problems
arising out of their administration.
, 1951
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