LETTER TO MR. WILLIAM M. NICHOLS, GENERAL COUNSEL, OFFICE OF MANAGEMENT AND BUDGET

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000300020060-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 22, 2016
• Document Release Date: August 29, 2012
• Sequence Number: 60
• Publication Date: January 1, 2000
• Content Type: LETTER

Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
GENERAL COUNSEL. OF THE DEPARTMENT OF DEMWSE
Mr. William M. Nichols
General Counsel
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Nichols: I
In compliance with the provisions of Executive Order 11030, there is
transmitted herewith a proposed Executive order governing qualifications
for membership in the Armed Forces and security requirements for member-
ship and retention in the Armed Forces. It is requested that this
proposed Executive order be' submitted to the President for his approval
and signature.
The Privacy Act of 1974, Public Law 93-579 (December 31, 1974) requires
each agency that maintains a system of records to maintain in its
records only such information about an individual as is relevant and
necessary to accomplish a purpose of the agency required to be ac-
complished by statute or by Executive Order of the President (see.. 5
U.S.C. 552a(e)(1)). There is no statute or Executive Order authorizing
the military personnel security program that is currently in existence.
This program necessarily involves the keeping of records on individuals
about whom security investigations have been conducted. Accordingly,
the primary purpose of this proposed Executive order is to establish
authority for a military personnel security program, which is covered by
Part II of the proposed order.
A second purpose of ,the proposed Executive order, contained in Part I
thereof, is to authorize the Secretaries of the military departments to
have access to all records at the Federal, State and local level. which
may be relevant to making a determination as to whether the applicant
has the proper qualifications for membership in the Armed Forces.
Department of Justice Order No. 601-75 (28 CFR 20.1-20.38) provides that
a Federal agency may have access to juvenile and adult criminal records
of State, local and Federal agencies only if the Federal agency con-
cerned is authorized by statute or Executive Order either: (1) to
conduct investigations to determine employment suitability or eligibility
for security clearances; or (2) if that agency requires criminal history.
record information in order to implement an Executive Order that expressly
refers to criminal. conduct and contains requirements and/or exclusions
expressly based on such conduct. Section 102 of the proposed order is
designed to meet. the requirement of Department of Justice Order No. 601-
75 that a Federal agency must be authorized by statute or Executive
Order to have access to such records,including all criminal history
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
records rnaintainod by the Department of Justice. Section 202 of the
praj,aaed Executive order contains a similar provision authorizing the
Secretary of Defense to have access to sucli records for the purpose of
conducting security investigations upon military personnel.
Section;; 201. and 202 of the proposed Executive order establish a central.-
ized military personnell.secthrtty program under the jurisdiction of the
Secretary of Defense. Groups vhich have studied recently the problem of
security Investigations, including the Domestic Council. Committee on the
Right of Privacy (Project 1.0), the House Appropriations Committee, the
General. Accounting Office, and the Department of Defense Personnel
Security Working Group, have all developed findings supporting greater
centralization with respect to personnel security programs.
Section 203 ininposes strict limitations on the scope and type of inves-
tigations that may be conducted and on the type of investigative pro-
cedures-that may be used. Sections 204 and 205 prescribe procedures for
designating positions as sensitive and prescribe the investigative
requirements for such positions.
Section 206 of the proposed order establishes two separate security
standards for military personnel. One standard appl:i.es to suitability
for entrance and retention in the Armed Forces, and the other standard
applies to suitability for a security clearance or assignment to sensitive
duties. The first standard is more general, designed to determine
whether the individual is suitable for reasons of national security to
become a member of or be retained in the Armed Forces. The second is
more narrowly drama to apply only to those military members who need
access to classified information or who will,be assigned to sensitive
duties.
Section 207 of the proposed order establishes general criteria to be
used in making determinations as to whether an individual meets one of
the standards.
There is need to define more clearly the procedures used to deny or
revoke a military member's access to classified information, remove a
member from assignment to sensitive duties, or separate a member for
reasons of national security. Section 208 establishes a due process
procedure which must be followed whenever any such action is being taken
with regard to military personnel.
Sections 209 and 210 of the proposed order require the Secretary of
Defense to establish a system for program management, to conduct a
continuing review of the military personnnel security program, and to
suhinit to the National Security Council annually,a report, with recommendations
on the status of that program.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
Part: I L1 of th ,, proposed 0r 1 r 1)t: v icic, that Part I of the order shall
become effect :Lv(c immeediat~ l y and L l~ i rant 11 , which appl.a.c'5 to the
mm.i T.:fZary personnel secur.i:?Ly prof;v , 5,h,i._1"1 becoi,ic offective 1,130 days
after the (late of signature. 'lh:.~ 1:fitter provis-ion is necessary in order
to provide sul.ficirmt time to est^h1 i_s;h and imp:lemcut the cent:raiized
personnel security program.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
~rr+
PROPOSE! EXECUTIVE ORDER NO.
QUALIFICATIONS 1-01', MEMBERS111P IN
THE ARMED FORCE`,' AND SLCURJTF
REQUIREI?UEN'I'S FOR MEMBERS OF THE
ARMED FORCI:S
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 in positions of special trust and that the
selection of such persons shall be made on the basis of a comprehensive
review of their suitability and qualifications to hold such positions;
and
WHEREAS the American tradition that all persons should receive
fair, impartial, and equitable treatement at the hands of the Government
requires that all persons seeking the privilege of membership or privi--
l.eged to be a member of, the Armed Forces be adjudged by standards and
procedures that arc consistent, uniform and comport With the indi.vidual.'s
right of privacy:
By virtue of the authority vested In me by the Constitution of the
hotted States as President of the United States and Com:nainder In Chief
of the Armed Forces of the United States, dreming such action necessary
to the national security, it is hereby ordered as follows:
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
1'1lTT I -- GENERAL Q!!ALl1'ICAT1ONS FOR t11TiB1 I1'
IN THE ARM El) FORCES
Section .101(a). Aithor.itto 1're cri.beFitnrs~ Ounl(ficat.ions.
In accordance with sections 505, 508, and 510 of title 10, United States
Code, "the Secretary concerned," which in.l'nr.t I w,f this order slim! 1.
mean the Secretaries of the military departments and the Secretary of
Transportation with respect to the Coast Guard when Lt is not operatTrig
as a service in the Navy, shall prescribe physical, mc,ital, moral, and
educational qua] if icatl.ons' for the enlistment, reenlistment, appointment,
and induction (when authorized by law) of persons in the Regular and
Reserve components of 1.he Army, Navy, Air Force, Marine Corps, and the
Coast Guard.
(b) Persons Who Ida Nut Ae Enlisted.
In accordance with section 504 of title 10, United States Code, no
person who is insane, -intoxicated, or a deserter from an armed force or
who has been convicted of a felony may be enlisted in any armed force.
However, the Secretary concerned may authorize exceptions, in meritorious
cases, for the enlistment of deserters and persons convicted of felonies.
Section 102. Authority to Conduct Investigations and Have Access
to Records..
(a) The Secretary concerned or his designee is authorized to make
inquiries and to conduct investigations to determine the eligibility for
membership in the armed force or forces under his jurisdiction of
applicants for enlistment, reenlistment, appointment, or induction (when
authorized by law) therein, in order to insure that such applicants or
members meet the fitness qualifications prescribed in accordance with
section 101 of this order. During the course of the investigations
conducted under this section, the Secretary concerned or his designee
(including a member engaged in recruiting duties) is authorized to
obtain information from any source (unless prohibited by State law)
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
inc?.ludint?, Ii lot linitcd Ia ncfuII r, --
the prc,:.p ?;'I ive a ?nil,r
the pro cnl (:;) or l; I;II,!i: (:.) !:1 th I?I ,pedt ivc nteel,r r
school fe,?ot'd:>;
Federal, S< ILc , :md lor:tl ul fi ci al ~r: clrnineut ecotds ,
includfnt, arrest record;;, Court prucccciiii gs and iu hat ion
records rc t;nrd i up both aclct It c1- 1min;1 I and juvenile
offended::;
(b) cap I 0)11)11) records;
(0) 11edi.cal records
(7) personal references; and
(8) other references developed during the course of the
inquiry, or investigatlotl.
The criminal and juvenile offender information whi.ch the Secretary con-
cerned or his designee is authorized to obtain under this section
includes, but is not: limited to: (1) all criminal history record
information relating to arrests, detentions, indictments, informations,
or other formal criminal char];(-s; and any disposition arising therefrom,
including scut:encing and correctional.;;uper.aisi on and release; and (2)
all such records relating to the apprehension, adjudication, dispostion
and correctional supervision of it juvenile as delinquent or in need of
supervision (or the equivalent). The Secretary concerned is authorized
to receive any such records which are maintained in any Department of
Justice criminal history record information system, including the
Identification and Investigative files maintained by the Federal Bureau
of Investigation.
(b) Juvenile offender information made available to any armed
force under this section shall be destroyed once it decision is made that
an applicant is not accepted for service In the armed forces. When an
? c
applicant is accepted, such juvenile offender inforruttion shall. be made
a part of the personnel security investigation authorized under section
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
2UL of Lh,W)rcier, but mny not be mode a part. of L'"-lncmhvr'; personn,'i
fIle or any other file at nny t.imv.
PART 11, -- MILITARY PEIRSONNEL
Sl C1JR1'1'1' 1 ROGRAM
Section 201. 1'sstab].ishmen of Militorp 1'ersrnine]Security 1'ropram.
(a) The "Secretary concerned," which in Part 11 of this order
shall mean the Secretary of Defense and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, is responsib e ftor maintaining within his department an
effective, uniform and centralized military personnel security program
to insure that the acceptance and retention of members of the armed
forces and their assignment to sensitive duties, including those requiring
access to information classified in accordance with Executive Order
11.652 is clearly consistent with the national interest.
(b) The Secretary concerned shall enforce and maintain the highest
standards of loyalty within the armed forces, pursuant to applicable
statutes and the Uniform Code of Military Justice. No member shall be
given access to classified information or otherwise assigned to sensitive
duties unless such member has been determined to be trustworthy under
the procedures set forth in this order.
(c) The purpose of the procedures which follow are to preserve the
integri.ty of classified information and protect the national interest,
while providing the maximum possible safeguards to protect the interests
of the individuals affected thereby.
Section 202. Authority to Conduct Investigations and Have Access
to Relevant Records.
(a) The Secretary concerned, through the component or components
designated by him, shall require a personnel secuuity investigation to
be conducted with respect to every inductee (when induction is authorized
by law) and every applicant for an enlistment, warrant or commission in
the armed forces, and with respect to the assignment of any member or
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
1, r, r:h,.< I iveml,. r or the r,iiac,l forces to sensit ivr A~~ ic, includini.
Ihe::e 1orpilt:illy clc;heal', for ace5s Ln classid inform;itinn
(b) P.xce t an otherw]s1. 1,rovided by 1.:aw of Executive Order,
iIV csLi.gatiuns conducted under the authority of Part. II of this Order
sh;a1.1 be conducted Only for the purpose 'o? tlcteraninLog suItabdlity for
entrance and r:etenti.on ill Lhr armed fore_ec, under the standard prescribed
by section 206(a) of this Order, or to determine suicab i_]ity for a'ccss
to information ci;assified in ,accordance with Executive Order 11652 or
including those sources listed in section 1-02(a) of this Order and any
criminal history record information maintained by the Department of
Justice.
Section 203. Investigative-Limitations.
(a) investigations conducted under the provisions of either. Part I
or Part II of this order shall be designed insofar.as possible to
collect only as much information as is relevant and necessary to make
the required determination under section 10]. of this Order or under the
appropriate standard prescribed by section 206(a) or (b) of this Order,
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 a final. determination only information that is accurate
and as fully corroborated as possible. Inquiries which have no relevance
to the personnel fitness or security standards prescribed by this Order
should not be made.
components designated by the secretary concerned are authorized to
obtain information from any source (unless prohibited by State law),
assiy;nment to seusi.tive dude. under the standard prescribed by
section 206(b) of this Order. The scope of the two types of investi-
1
Cations shall be determined under criteria prescribed by the Secretary
concerned, based on the information needed in order to make a deter-
mination as to whether the person concerned meets the standard prescribed
by either section 206(a) or 206(b) of this Order.
(c) During the course of such investigations, the component or
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RRDP82M00591 R000300020060-2
(h) lh regard to investigationn conducted l1flor part ii of this
Order, questions regarding personal and domcsLii: affairs, national
origin, financial mutters, and the :rt.;ctu:: of physical health should not
he made unless the question is relevant to the disqualification criteria
of section 207 of this Order. The probing of a person's th,nughts or
beliefs, and questions about his conduct which have no personnel security
standard implications are unwarranted. Similarly, religious be.llels and
affiliations or beliefs and opinions regarding racial matters, pol[Lical
beliefs and affiliations of a nonsubversive nature, opinions regarding
the constitutionality of legislative policies, and affiliation with
labor unions or fraternal organizations are not propel.- subjects for such
inquiries, except where this information relates to the disqualification
criteria of section 207 of this order or if it constitutes a bona fiche
qualification for a particular assignment: under the standard prescribed
by section 206(b) of this order.
(c) In conducting investigations under the provisions of Part 11
of this order, an investigator--
(1) may not investigate any case or person except those
assigned within his lawful duties;
(2) may not interview sources of information where the
testimony is likely to he overheard by others;
(3) shall always present credentials and inform sources of
information as to the reasons for the investigation, the use that will
be made of the testimony, and the fact that all information provided,
including the source's identity, must be disclosed to the individual
being investigated upon that individual's request unless the source
requests confidentiality under 5 U.S.C. 552.-1;
(4) may not furnish information to the source, other than
necessary identity data, or ask questions in such a manner as to indicate
that the investigator is in possession of derpgatory information con-
cerning the subject of the investigation;
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
 i I
Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP82M00591 R000300020060-2
( lay not invil;t if;ntc nriy c+l^ in wlri l~ r inr sitl',at i
boor's of circum':f