SCI DENIALS WORKING GROUP-COMMENTS CONCERNING TASKING FOR SCI APPEALS PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000100050067-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 16, 2016
• Document Release Date: August 11, 2005
• Sequence Number: 67
• Publication Date: September 19, 1978
• Content Type: MF

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1%w 14~
MEMORANDUM FOR:
FROM:
SUBJECT:
19 September 1978
DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
Office of General Counsel
Security committee Staff
SCI Denials Working Group - Comments
Concerning Tasking for SCI Appeals
Procedures
1. Reference our recent conversation concerning
subject, at which time I expressed the desire of this
office to convene the working group at an early date to
begin complying with the tasking to prepare SCI appeals
procedures.
2. Attached is a copy of a recent draft concerning
this matter prepared by Mr. Maynard Anderson, Deputy
Director for Security Policy for Admiral Murphy. It is
believed that this draft is a good starting point for our
first meeting. Incidentally, Mr. Maynard Anderson will
attend such meetings as his schedule permits.
3. A copy of the attached draft is also being sent
to CIA Member, SCI Denials Working
Group. It is suggested that both of you review same in
the near future inasmuch as a meeting will be called of
the group in the next few days.
4. Your cooperation in this matter is sincerely
appreciated.
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Subj: Procedures for Determining SCI Access Eligibility or Ineligibility
and for Appealing Determinations of Ineligibility
Encl: (1) Instructions for Appealing a Determination of SCI Access
Ineligibility
(2) Sample Format of an Appeal of a Determination of SCI Access
Ineligibility
1. Purpose. To state policy with respect to the administrative
procedures for determining SCI (Sensitive Compartmented Information) access
eligibility or ineligibility and for appealing determinations of SCI access
ineligibility.
2. Policy. It is the policy of that each determination of
SCI access eligibility or ineligibility shall be made in accordance with the
Personnel Security Approval Criteria set forth in reference (a) and
through a uniform application of administrative procedures, so that each
individual who is the subject of an SCI access eligibility determination
shall receive full administrative due process in the consideration of his
or her case. In furtherance of this policy, no determination of SCI access
ineligibility shall be implemented which has not first been reviewed and
affirmed, and no determination of ineligibility shall be considered as
until the individual affected by such action has been:
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a. notified of the ineligible determination;
b. given a statement of the reason(s) for the ineligible determination; and
c. given a reasonable opportunity to appeal the ineligible determination
in accordance with paragraph 7 of this Instruction.
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a. SCI. Refers to "Sensitiv'e'. Compartmented Information" which includes
all information and material bearing special community controls indicating
restricted handling within the present and future community intelligence
collection programs and their end products for which community systems of
compartmentation have been or will be formally established.
b. Personnel Security Approval Criteria. Those standards,
as set forth in reference (a).
c. SCI Access Eligibili _. An administrative determination based upon
all available information that an individual (1) meets all minimum investi-
gative requirements; (2) is eligible for a Top Secret security clearance;
(3) has an actual or potential need for access to SCI; and (4) meets the
Personnel Security Approval Criteria.
d. SCI Access Ineligibility. An administrative determination based upon
all available information that an individual does not meet Personnel
Security Approval Criteria either because of clearly derogatory information,
or because the minimum investigative requirements have not, or cannot, be met.
e. Individual. A military or civilian person who is either employed by,
assigned to, detailed to, or seeking employment with, or assignment or detail
to, the Agency.
4. SCI Access Eligibility//Ineligibility Determination Authority.
a. Determination of SCI access eligibility or ineligibility shall be
made by the adjudicating officials, , hereinafter called
Determination Officials.
b. Determinations of SCI access ineligibility shall be reviewed by the
Reviewing officials of Personnel and
Security, hereinafter called Determination Review Officials.
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The Determination Offic al shall make or cause to be maw all
inations of SCI access eligibility or"ineligib`i}city. Each determi-
sha l l be heised upon findings that:
(1) All minimum investigative scope and coverage requirements have
not been satisfactorily met; and
(2) The tarts in each case are consistent with the application of
Personnel Security Approval Criteria, Executive Orders, and any
instructions, directives, or regulations which may apply to such
iinations.
The Determination Official shall cause all SCI access eligibility
iinations to be administratively processed without further review.
. Determinations of SCI access ineligibility shall be forwarded by
2termination Official to the Determination Review Official for further
duration.
unctions of the Determination Review Official.
The Determination Review Official shall review all ineligible
-minations and shall take the most appropriate course of action as
-ibed below:
(1) Affirm the determination of ineligibility;
(2) Reverse the determination of ineligibility;
(3) Modify the determination of ineligibility;
(4) Remand the case to the Determination Official for further
stigation, additional information, or re-adjudication; or
(5) Forward the case to higher authority
additional review.
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b. A determination of ineligibility that is affirmed by the
Determination Review Official shall be considered as final unless the
individual 11 l c'rtpd by the inel igible determination elects to appeal in
accordance with paragraph 7 of this Instruction.
c: The Determination Review Official shall inform the Director for
Security who shall notify or cause to be notified each individual whose
determination of SCI access ineligibility has been affirmed. Each notifica
tion shall:
(1) fie in writing and be transmitted to the individual via his or
her Coriunanding Officer;
(2) Contain a statement of the reason(s) for the ineligible
determination in as detailed and comprehensive terms as possible, consistent
with the Privacy Act of 1974 and national security; and
(3) Inform the individual of the procedure for appealing a
determination of 'ineligibility, either by reference to this Instruction or
by forwarding of a copy of Enclosure (1) to this Instruction, as may be
appropriate.
7. AppealProcedure for a Determination of SCI Access Ineligibility. The
privilege of appealing a determination of SCI access ineligibility is granted
by the Agency head solely for the purpose of affording to each individual
determined to be ineligible for SCI access the opportunity to be heard.
An appeal must, however, have merit or valid reasons to support it, and any
appeal which is frivolous or merely disputes the ineligible determination
without offering any substantive basis for a reconsideration will be denied.
To be considered, an appeal must comply with the following requirements:
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 a ftfff p e fi ? ntR l, si o2~ ~ ~22 : ~A~F~Qgdfi c 11 R000,j%ff S 7tt appeal
shall notify his or her Commanding,Officer in writing, and not later than
fifteen calendar days after the individual has received a written notifica-
tion by letter from the Agency of the ineligible determination. The Command-
ing Officer shall notify the Agency Head by message of receipt of the Notice
of Intent to Appeal. Civilian applicants for employment shall notify the
Agency Head directly.
b. Time of Appeal. An appeal must be dated and received by the
ineligible individual's Commanding Officer (or the Agency Head in cases of
civilian applicants for employment) not later than thirty calendar days after
the individual's receipt of the letter notification described above.
c. Form of Appeal. Only written documentation will be considered in the
evaluation of an appeal by the Agency. Appeals shall be prepared in letter
format in accordance with the Correspondence Manual and forwarded
via the Commanding Officer to the Agency Head. Appeals by civilian applt-.
cants for employment shall be prepared in standard business letter format.
d. Contents of Appeal. An appeal shall clearly state the reason(s) why
the individual believes the ineligible determination should be reconsidered,
and shall demonstrate that the purpose in appealing is based upon merit
(is not frivolous). The appeal must contain any facts, knowledge, new
information, or clarification or explanation of prior information, where
relevant, that might have a bearing on the determination of ineligibility.
Enclosure (2) contains a sample letter of appeal.
C. Endorsement of Appeal. Except for civilian applicants for employment,
Appeals shall be endorsed by the individual's Commanding Officer, who shall
include in the endorsement any comments deemed pertinent to the case and a
recommendation for disposition of the appeal}.
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f. Extensions of Time. Under normal conditions, strict compliance
with all time limits shall be observed. However, in the event of circum-
stances beyond the control of the appealing individual, reasonable extensions
of time may be granted. A request for an extension of time shall be made
in writing to the Agency and forwarded via the individual?s Commanding
Officer who shall endorse the request with a recommendation that the
extension be granted or denied.
g. Review of Apjeals. Appeals shall be reviewed by the Agency Access
Appeal Board in accordance with the provisions of paragraph 9 of this
Instruction.
8. Establishment of Board. The Access Appeal Board is hereby
established and shall assist the Agency Head by reconsidering all SCI
access determinations of ineligibility which have been affirmed by the
Determination Review Official and appealed in a timely and proper manner by
the individual who has been declared ineligible. Under normal circumstances,
the Access Appeal Board shall serve as the final determination authority
with respect to SCI access ineligibility.
b. C osition of the Board. The Access Appeal Board is
hereby established and shall assist the Agency Head by reconsidering all
SCI access determinations of ineligibility which have been affirmed by
the Determination Review Official and appealed in a timely and proper manner
by the individual who has been declared ineligible. Under normal circum-
stances, the Access Appeal Board shall serve as the final
determination authority with respect to SCI access
ineligibility.
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b. Composition of the Board. The Agency Access Appeal Board shall
consist of the incumbents of the following billets:
The Executive Secretary is authorized, subject to the concurrence of the
Senior Member, to appoint any other individual within the Agency as a
temporary member for the purpose of assisting in the review of a specific
appeal when such appointment is deemed to be in the best interests of both
the Agency and the appellant.
9. Functions and Jurisdiction of the Access Appeal Board.
The, Access Appeal Board shall consider all appeals of determinations
of SCI access ineligibility which are received in a timely manner and in
appropriate form. The Access Appeal Board shall:
a. Review all of the facts, available information, and actions taken
which relate to the case under appeal, and give particular emphasis to any
new information provided by the individual as a basis for appeal; and
b. Affirm, reverse, or modify the previous ineligible determination in
accordance with the following provisions:
(1) Not less than three Members of the Board shall review an
individual appeal, and a majority decision shall constitute the determination
of the Board.
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(2) The determination rendered by the Board shall be considered as
a final dnterminat,ion of SCI access eligibility or ineliciibilit.y within the
Agency, unless t.h++ ';(minor Mprnher of the Board concludes that a care merits
review I)y higher tjut.hority, in which event the Case shrill he referred to the
Agency Head for consideration and determination.
10. Ultimate Determination Authors of the Agency Head. Nothing in this
Instruction shall be deemed to constitute any abrogation of the final and
ultimate authority of the Agency Head to render determinations of SCI access
eligibility or ineligibility with respect to Agency members at any stage
in the proceedings of an initial determination or appeal of SCI access
ineligibility. However, a determination of ineligibility by the Agency
prior to the exercise of an appeal by an individual shall not deprive that
individual of the privilege of appeal.
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 I OPRMW0 PPA OWOW2&'*-'f glMORF91~ COPY9OTATL~ G I B I L I T Y
1. You are entitled to appeal the determination of your ineligibility for
access to SCI f SF n, i t. i ve Compartmented Information) if one or more of the
fol low i nq Lord 11 -,)n,; ex i s f:
(a) You believe the determination was made on the basis of incomplete
or inaccurate information; or
(b) You believe there were extenuating or unusual circumstances which
the Determination Review Official did not know about when the ineligible
determination was made; or
(c) You believe the information upon which the ineligible determination
was ba,,ed, while true, does not adequately support or justify the ineligible
conclusion reached.
2. No appeal will be considered which merely disputes an ineligible
determination without a good reason, or is filed solely to try and delay the
implementation of a determination of ineligibility.
3. You must prepare two documents in order to make an appeal:
(a) Notice of Intent to Appeal. You must inform the Agency that
you intend to appeal. This notice must be in writing and must be received by
your Commanding Officer within fifteen calendar days after the date you
receive your Notice of Determination of SCI Access Ineligibility. Civilian
employment applicants should mail the Notice of Intent to the Commander,
within fifteen days after the date of receipt of the Notice of Determination of
SCI Ac,.ess Ineligibility.
(h) The Appeal. Your appeal must be dated and
received by your
Commandinq Officer (or mailed to the Agency Head in Lhe case of civilian
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employment applicants) within thirty days after you receive your Notice of
' Z>
Determination of SCI Access Ineligibility. Appeals from Navy and USMC mili-
tary personnel and civilian employees of the Navy must be written and
preparrd in accordance with the Navy Correspondence Manual. The appeal should
tell-wky you believe the determination of.SCI access ineligibility should be
reconsidered, and must contain any facts or knowledge you have which might
have a bearing of that determination. You may, if necessary or desired,
enclose any documentation which you think might be helpful to the
Access Appeal Board, such as statements from other persons or any records
which might not have been available when the initial determination was made.
(See attached sample format of an appeal.)
4. Extensions of Time. Under normal conditions, strict compliance with
all time limits will be observed. However, if circumstances beyond your
control should prevent you from meeting a time requirement, a reasonable
extension of time may be granted. Military personnel must forward a request
for extension of time to their Commanding Officer who will endorse the
request. with a recommendation that the extension be granted or denied. All
requests for an extension of time must be in writing.
5. Questions About Your A eal. If you have any questions which have not
been answered in these Instructions, you may write to the Agency Head,
(address
or telephone (numbers `).
10 If .
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SAMPLE FORMAT OF AN APPEAL OF A DETERMINATION OF SCI ACCESS INELIGIBILITY
26 May 1978
From:
To:
Via:
Subj: Appeal of Determination of SCI Access Ineligibility
Ref:
1. I was notified by reference (a) that I was determined to be ineligible
for ac(.ess to SCI. By reference (b) I informed the Agency of my intent to
appeal this determination.
2. The reason given me for the determination of my ineligibility was that
my sister is married to a non-citizen of the United States and is living in
a foreign country where she might be subjected to some form of duress that
could possibly be used to try and influence my actions. This fact was
considered to cause me not to meet the requirements of paragraph 3b(2) of
reference (c).
3. It is true that my sister had moved to, and was living in, a foreign
country at the time I completed my update Statement of Personal History.
She wa', also still living in that country when my update Special Background
Investigation was conducted. However, she and her husband returned to the
United States on 22 March 1978, and are currently residing at 9876 Main
Street, Anytown, Anystate. Neither my sister nor her husband plan to return
to his country. This information can be verified by my sister or by
contacting my parents. My sister is now, and has always been, a U.S. citizen.
4. Based upon the above information, I believe there is no longer any reason
why I -.hould not be eligible for access to SCI.
5. A f'avorahle reconsideration of reference (a) is hereby requested.
J . DOE
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Now
18 September 1978
MEMORANDUM FOR: Deputy Director of Security
FROM:
Executive Secretary. 4 OM
SUBJECT: Community Alert About CIA's Security
Inspection Program
1. Per your instructions, all members or alternates
of the Security Committee were informed of the upcoming
initiation of the CIA Security Inspection Program, informed
of the considerations incorporated into procedures for
visitor, both liaison officers and intermittent callers,
and assured that means were available to retain the
integrity of their agency's classified material should
an NFIB member enter and exit with it. I also identified
myself as a point of contact in the event of difficulty.
No member anticipated problems with compliance and all
expressed complete support.
2. Specifically, the following people were contacted:
NSA
ecurity Officer in lieu of
who were not
available. appreciated the call
and informed that NSA officers would have no
problems.
Cce g1r . ,.j .,
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STATE
Mr. Karl Ackerman, State Security appreciated
the call and said that he would take necessary
action to advise potential visitors to CIA
what to expect and how to respond. He antici-
pated no problems.
Mr. Donald Stiger, INR State was also contacted.
He informed that he was aware of the planned
action and had prepared,this day, a memorandum
for INR Officers informing them of procedures.
He saw no difficulties.
TREASURY
Denny Southern said he was not aware of the pro-
posed CIA action, thought it was a good idea and
said Treasury officials would have no problems
in complying.
Mr. Frank Ryan said that Mr. Kreger had informed
him following last Tuesday's NFIB meeting of the
planned exit bag check. He took the details of
how officials may exit with classified material,
thanked me and then asked if we were going to
check ladies purses. I asked him if the Bureau
liaison agents were now carrying purses. He
laughed and hung-up.
DOE
Mr. Martin Dowd, acting for SECOM Member Mr.
Lyon had not heard of our proposed action. He
took the information on procedures and said he
anticipated no problems from DOE visitors to CIA.
JUSTICE
I briefed Mr. Rubino. He desired considerable
detail least some of the Justice Department
attorneys demonstrate impatience in their
comings and goings. I tried to provide Jerry
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with enough information so that he could draft
a memo for visiting attorneys. I also informed
Jerry that our Office of General Counsel and
Office of Legislative Counsel were aware of
needs of visitors to be assisted should they
have to exit the building with classified
material and that our officers would take
care of needs.
COMMERCE DEPT.
I talked to Mr. David Laux in lieu of Mr. Randolph
(on leave). Dave was not aware of the planned
check and expressed appreciation for the call.
He said that as an Agency employee with three
or four people in his office at Department of
Commerce with comparatively frequent occasion
to visit the Agency, delivering and picking-up
classified material, he would be willing to
serve as a Document Control Officer. I thanked
him for his offer and said I'd pass it on.
Mr. Laux said he would inform personnel in
Commerce as appropriate. No problems expected.
D IA
Last
Friday I had a call from
on
this
issue and explained it to
him.
He asked
for
some kind of memo from us
and
I told him
that
something might be coming
out
but that
the
action would probably take place before
anything in writing was available. I gave
him the details of the plan for handling
visitors. He expressed appreciation.
AIR FORCE
Maj. Henry Koch for Russell Newman. No problems.
NAVY
Mr. R. Welch. No problems.
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DOD - Policy
Mr. Maynard Anderson had heard. about the proposal.
He took the details and said he anticipated no
problems from his office.
3. Attached for your signature is a memorandum to the
Director in the event you believe a report of completed
action is desirable.
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MEMORANDUM FOR.: Director of Central Intelligence
FROM: Robert Wr Gambino
SUBJECT: Security Inspection Program
1. Per your instructions, I have provided details of
our new Security Inspection Program to security elements
of the NFIB,Agencies through their-membership on the
Security Committee. This included information on pro-
cedures and considerations incorporated as to how to
allow visitors to retain the integrity of their agency's
classified material should an NFIB member enter and exit
a CIA facility with such material in his possession.
2. All contacted officers expressed appreciation
for the information. They also offered assurances of
complete support for this program.
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