of the material involved.

Formal authorization for access to such material shall be in accordance with the effective edition of NWP 16."

1512. INVESTIGATIONS AND CLEARANCES FOR ACCESS TO RESTRICTED DATA

1. "Q" clearances are not required for individuals in the Naval Establishment requiring access to RESTRICTED DATA, provided the individuals have been cleared for access to classified information at least equal to the classification category of the REStricted data involved. 2. A "Q" clearance issued by the Atomic Energy Commission shall not be considered per se as an authoritative basis for automatically granting a personnel security clearance. However, after the request for investigation is submitted in accordance with article 1513, the investigation data upon which the "Q" clearance was based will be utilized in the processing of the current investigation.

3. The Atomic Energy Commission (AEC) grants two types of personnel security clearances, "L" and "Q" for access to classified information including RESTRICTED DATA to its employees and to its contractors' and consultants' employees. An L clearance is granted on the basis of a completed satisfactory National Agency Check; a "Q" clearance is granted on the basis of a completed satisfactory full field (background) investigation. Personnel granted "L' clearances are authorized access by the AEC to classified information at the Confidential level including Restricted Data; those granted "Q" clearances are considered eligible by the AEC for information through the Top Secret level including Restricted Data, although actual dissemination is governed by a strict need-to-know policy. Further, Atomic Energy Commission personnel and their contractors' and consultants' employees visiting installations of the Department of Defense or of DOD contractors are required by AEC regulations to have specific certification of their eligibility and need for the desired level of classified information. (In the case of AEC contractors' and consultants' employees, this certification will be made by the Manager of Operations administering the contract.) Accordingly, AEC-granted clear

ances will be given the following recognition for visit purposes:

a. A currently effective "L" clearance, in the case of employees of the Atomic Energy Commission and of its contractors and consultants, may be accepted as the basis for granting access to Confidential information including Restricted Data.

b. A currently effective "Q" clearance may be accepted as the basis for granting access to classified information through the Secret level including Restricted Data.

c. A currently effective "Q" clearance may be accepted as the basis for granting access to classified information through the Top Secret level including Restricted Data, provided the Atomic Energy Commission has authorized the individual concemed to have access to Top Secret and so indicates.

d. It should be noted that the Atomic Energy Commission also issues an "LX" and "QX" clearance. These clearances are issued to contractor employees who are working on an "access permit." The access permits are issued under separate laws and have no connection with the Department of Defense. The "LX" and "QX" cleared people are not permitted by AEC regulations to release classified information to the Department of Defense nor are the "LX" or "QX" cleared people recognized by the Department of Defense as being eligible to receive Department of Defense classified information.

1513. REQUESTS FOR PERSONNEL INVESTIGATIONS

1. Investigations of military personnel and civilians employed by the Naval Establishment shall be made by Naval Intelligence, upon request. Activities within a naval district or river command shall submit requests for investigations to the naval district or river command intelligence office. All other activities shall submit requests to the Chief of Naval Operations (Director of Naval Intelligence). Requests for such investigations shall be initiated by submission of a properly executed Request for Investigation for Personnel Security Clearance," OPNAV Form

5520-1. Parts 3 and 4 of the completed form shall be placed in the subject's personnel jacket to prevent duplication of investigative work in the event of transfer of the individual.

a. Background Investigation. OPNAV Form 5520-1 shall be accompanied by the following properly executed forms:

(1) Four (4) signed copies of the Statement of Personal History (DD Form 398). (2) Agency Check Request (OPNAV Form 5510-397).

(3) Fingerprint Card (OPNAV Form 5510-2).

b. National Agency Checks. OPNAV Form 5520-1 shall be accompanied by the following properly executed forms:

(1) One (1) signed Statement of Personal History (DD Form 398).

(2) Agency Check Request (OPNAV Form 5510-397).

(3) Fingerprint Card (OPNAV Form 5510-2).

c. ONI and BuPers/USMC Checks. When the necessity arises to obtain these elements of a National Agency Check for the purpose of issuing an interim clearance for military personnel under Article 1506.2.b.(1), the request will be made under one of the following conditions:

(1) Requirement in less than 60 days. When it is apparent that access must be granted before the full National Agency Check can be completed (it normally takes 60 days to complete an NAC), the request for investigation (OPNAV Form 5520-1) and the forms required by subparagraph b. above will be forwarded by a covering communication to the naval district or river command intelligence office or the Director of Naval Intelligence as appropriate stating the date by which these checks are required.

(2) Immediate requirement. When the issuance of interim clearance under Article 1506.2.b.(1) is of such urgency that the procedure outlined in subparagraph c.(1) above will not suffice, a request for the ONI and BuPers/USMC checks may be

made by rapid means to the naval district or river command intelligence office or the Director of Naval Intelligence as appropriate. On receipt of the results of the ONI and BuPers/USMC checks by the requesting activity, the Request for Investigation (OPNAV Form 5520-1) and the forms required by subparagraph b. above will then be forwarded to the naval district or river command intelligence office or the Director of Naval Intelligence as appropriate by a covering communication making ref. erence to the communication by which the ONI and BuPers/USMC checks were received.

2. Incomplete or improperly executed forms will not be processed and will be returned to the orig. inator for resubmission. In this connection it is desired to point out that fingerprints should be taken by qualified personnel.

3. Time required to complete a Background Investigation can in many cases be considerably shortened if all or the majority of listed personal references are located within one geographic area. When references are scattered around from coast-to-coast it takes longer to complete an investigation because several District Intelligence Offices must be assigned investigative leads. In the interest of shortening the time required to complete Background Investigations, it is suggested that the originator of the Investigation Request ask the applicant at the time he executes his Statement of Personal History if he could supply references from one area. When this is possible it should speed up the completion of the investigation.

pense of multiple investigations, it is highly desirable that commanding officers accept from each other and from responsible authorities within the Executive Branch of the Government the following:

a. The results of previous investigations.
b. Existing clearances granted by competent
authority on standards equivalent to those
required in this chapter. In this connection
all personnel security clearances granted
under the authority of any agency of the Ex-
ecutive Branch of the Government, except as
expressly forbidden in article 1508.4, are
considered to meet the standards in this
chapter (see also article 1512.3). This para-
graph is particularly applicable to visitors,
whose clearance remains in force while on
temporary additional duty, i.e., so long as
they are not permanently detached from their
clearing command.

c. Previous clearances granted by competent authority within the Executive Branch of the Government are considered to meet the standards in this chapter. Acceptance of such previous clearances, as in the case of a person currently reporting for duty to a command, does not mean that a new Certificate of Clearance need not be issued; it does mean that its issuance normally should be based mainly on the presence in the individual's personnel or service record of a Certificate of Clearance which, except for the fact of his permanent detachment from his last duty station or place of employment, would still be valid. In this connection see article 1506.4. The ultimate authority for granting clearance, accepting clearances on a reciprocal basis and authorizing access to classified information rests with the commanding officer who is responsible for the security of the information or material within his command. The commanding officer may request an individual's investigative record from the Office of Naval Intelligence or the appropriate District Intelligence Office before granting clearances or authorizing access to classified information if he feels that a review of the material is desirable.

2.

1515 DENIAL OR TERMINATION OF CLEARANCE 1. Denial or termination of clearances of per

(4) To the naval district or river command intelligence officer in the case of naval activities located within a naval district or river command.

In addition to the foregoing, wherever a clearance is terminated, an appropriate notation (cancellation) shall be made on the Certificate of Clearance (OPNAV Form 5521-429) indicating thereon the authority for the termination. (It should be noted that the above requirements are in addition to those of article 0619, which are to be complied with in every case.)

2. Clearances should be cancelled when there remains no present need for clearance and no need in the foreseeable future is anticipated. In such cases an appropriate notation should be placed on the Certificate of Clearance to the effect that the cancellation was due only to the fact that the individual's duties do not require clearance.

1516. COMBAT OPERATIONS

Under combat conditions or other military exigencies, competent authority may waive such provisions of this chapter as the circumstances may warrant.

c. Executive Order 10450, 27 Apr 1953, SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT, as amended, 5 USC 631 note, OPNAVINST 5510.1B (Department of the Navy SECURITY MANUAL FOR CLASSIFIED INFORMATION) App. C.

d. Memorandum of the Attorney General dated 29 April 1953.

•, Sections 13, act of 9 Aug. 1955, Public Law 330, 84th Congress (5 USC 118p- 118r).★

f. Sec. 6, act of 24 Aug. 1912, as amended by the act of 10 June 1948, Public Law 623, 80th Congress (5 USC 652).

g. Sec, 12, act of 2 Aug. 1946, Public Law 600, 79th Congress (5 USC 22a).

*h. Memorandum of the Attorney General dated 4 March 1955 and the President's approval of same date. ★

Establishing office of the executive secretary

of the security hearing board of

the activity ....

Establishing the security hearing board

of the activity

Establishing the Navy Department Security

Review Board

Responsibilities.

Release of information

......

Designation and rights of counsel,

2-1. PURPOSE.

This Instruction prescribes the standard, criteria, and administrative procedures governing the disposition of all security cases involving civilian employees of the Naval Establishment, and applicants for employment by the Naval Estab

lishment. It also provides security requirements for all types of personnel actions.

2-2. AUTHORITY.

This Instruction is issued under authority of: a. Act of 26 August 1950 (Public Law 733, 81st Congress, 5 USC 22-1) regarding removals and suspension in the interest of national security.

b. Executive Order 10450 of 27 April 1953, as amended, SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT.

2-3. DEFINITIONS.

a. Applicant.

2-6

2-7

2-8

2-9

2-10

2-11

A person who has applied for a position in the competitive a excepted service but has not entered on duty. b. Appointee.

A person who has been appointed to a position in the competitive or excepted service and has not completed twelve months of current continuous Federal employment.

c. Complete file.

All reports of investigation or other inquiry, all charges and interrogatories, all transcripts of interviews, all transcripts of hearings and exhibits, all rationales analyzing the evidence or setting forth conclusions findings recommendations, determinations, decisions, or other actions in cases, all affidavits, supporting documents, correspondence or memoranda in connection with the investigation, determination, decision and closing of any case or cases, and the Official Personnel Folder of the employee concerned. ★ d. Incumbent employee.

An employee who has completed twelve months of current continuous Federal employment in the competitive or excepted service.

⚫. National security.

As used herein, the term "national security" relates to the protection and preservation of the military,