PROPOSED EXECUTIVE ORDER NO. , ' SUITABILITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT,' WITH AMENDMENTS THERETO PROPOSED BY THE DIRECTOR OF CENTRAL INTELLIGENCE*

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100030014-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 39
• Document Creation Date: December 12, 2016
• Document Release Date: June 11, 2002
• Sequence Number: 14
• Content Type: REGULATION

Approved For Release 2002/08/15: CIA-RDP87B01 0 0x30014-7
PROPOSED EXECUTIVE ORDER NO. , "SUITABILITY REQUIREMENTS
FOR GOVERNMENT EMPLOYMENT," WITH AMENDMENTS
THERETO PROPOSED BY THE DIRECTOR OF CENTRAL INTELLIGENCE
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 73-11);--the-Act
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 `Section ,AhprA PFdAa eO08.4 r-5OIA-F1 d1't 3 is 30ID?4--O 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:
person
Adjudication: The procedure by which a qualified,b~ weighs the known
loyalty
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 in a manner consistent with the national interest.
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, ihich 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
informations
Agency Head: The principal officer or administrator of a department,
agency or other major organization or component of the Executive Branch./
Allegiance: The devotion or emotional commitment of an individual to a
political entity
bi~~ii/A/h44ib/*//d
Civilian Employee: All appointive positions in the Executive Branch of the
Government of the United States, except positions in the uniformed services
(armed
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 ComplaikfPfR tFiojaR igna?e ?,A0021nqu15 C11tiDP8 -7
a ed0 as3 aR~ exult of allegation
or g /'r/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.
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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
Federal service
the Postal Rate Commission. 7./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/
but does not include contractors and their employees.
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.
to establish and verify identify and to deve-
Full Field Investigation: An investigation /c' an ndividual's/background/ lot'
information,
conducted in person by qualified investigators, and including interviews
with kno&gp For P*20gla/O /iZ kgI,6QFP?W494LROP@I84g4oq.&Iuding
 those of appropriate national agencies to cover a sufficient period of 3
the parse svg3feorin Relea*e Oto/assure
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
other records of Federal agencies including
index and y6 appropriate( perense Central Investigative, Central --
Intelligence and State Department indices
National Interest: All of the ~;gfI4 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-RDP87BO1034R000100030014-7
 Personnel File: The record required to be maintained by law or regulation
Approved For Release 2002/08/15 : CIA-RDP87BO1034ROO0100030014-7
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.
P
Position of Special Trust: A1''d'tldYiZ jositions within the Federal service which
entail duties of such a AkA46 ~ 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
or access
11905) indicating restricted handling within present and future intelligence
collection programs and their and products for which community systems of
compartmentation have been or will be formally established. The term does
42 U.S.C. 2014W.
not include Restricted Data as defined n il,TP,tybJJ./i/cf /I! /~~'$' j
d1 ~~i~/Eli~ 1ylI /oaf!/W j/I4t4 i pia 4J./ -
Significant Adverse Information: Such information, directly relating to the
factors to be considered in making a suitability determination set forth
in subsection 8(b) of this Order, which could reasonably be expected of
itself to adversely influence a determination as to suitability or prompt the
seeking of additional investigation or clarification.
Approved For Release 2002/08/15 : CIA-RDP87BO1034ROO0100030014-7
 Suitability: As used in this Order, suitability means the individual's fitness,
in terms r @9 +'e fie iQ@9 #~A 4Q$Z~39?CLROg4bRc4 ~s7sional skills
or qualifications, for the position 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 Coe-
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
The DCI shall be free, with respect to
set forth in Section 5 of this Order./ any position requiring access to or clearances for access to Sensitive Compartmented
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Information, sources and methods and classified intelligence information, to
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require a separate security determination, notwithstanding the fact that a
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suitability determination has been effected with respect to the designation of
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