AFR 40-23

(The following modifications of previously submitted Air Force documents and additional personnel security regulations were received by the subcommittee under cover of a letter from Mr. Robert L. Applegate, Directorate of Security Programs, Department of Defense, dated April 19, 1963:)

(1) Air Force Letter No. 40-4 dated April 12, 1957.

(2) AFR 40-12 dated October 16, 1953, with changes through March 8, 1960.

(3) AFR 40-102 dated July 2, 1962.

(4) AFR 40-202 dated February 1, 1963.

(5) AFR 40-203 dated January 28, 1963, with changes through March 28, 1963.

(6) AFR 40-204 dated March 7, 1963.
(7) AFR 40-205 dated June 18, 1962.
(8) AFR 40-206 dated February 7, 1963.
(9) AFR 40-207 dated January 31, 1963.

(10) AFR 205-6 dated June 11, 1962, with changes through October 15, 1962.

1. This letter provides interim instructions for the Civilian Personnel Security Program pending issuance of a revised AFR 40-12.

2. In a recent decision, the Supreme Court of the United States held that the suspension and removal procedures authorized by the Act of 26 August 1950 (P. L. 733, 81st Congress) may be used only in cases involving employees who occupy "sensitive positions" (Cole v. Young, 351 U.S. 536 (1956)). The Court said that "sensitive positions" are only those which are affected with the "national security." It also said that “national security" means "those activities of the Government that are directly concerned with the protection of the Nation from internal subversion or foreign aggression, and not those which contribute to the strength of the Nation only through their impact on the general welfare. " The principal effects of this decision are:

a. The Air Force may not utilize the Act of 26 August 1950, to suspend or remove an employee who occupies a nonsensitive position.

b. Before an employee is suspended or removed pursuant to the Act of 26 August 1950, a determination must be made that the employee's regularly assigned or official position is a "sensitive position. "

c. It is essential that commanders comply with paragraph 9c and d, AFR 40-12. Each position must be reviewed to determine whether it is a sensitive position, and a record must be made of each determination before a ease is considered under AFR 40-12.

d. Employees who occupy sensitive positions at the time the commander receives an investigative file should not be changed to nonsensitive positions by formal personnel action as an interim security measure pending final determination in each case.

3. The following paragraphs clarify or change AFR 40-12, 16 October 1953, as changed by AFR 40-12A, 22 June 1954:

a. Paragraph 3c, entitled "National Security," is deleted.

Paragraph 9b(3)(d) is deleted, and the following subparagraphs are added to paragraph 9b(3) "(d) Require that an individual work within the office, shop, laboratory, or other similar location where classified work is in progress.

"(e) Require that an individual have frequent access to restricted areas as defined in AFR 205-5.

**(f) Require that an individual work in or on other sensitive locations such as fuel storage areas, fuel hydrant areas, navigational aids sites, fire departments, crash rescue departments, water works, heavy equipment pools, power stations, electric transformer sites, weather stations, telephone exchanges, antenna sites, and storage areas where important materiel is either processed or stored, and the duties would afford an individual an opposLunity to commit acts of espionage or sabotage.

The provisions of paragraph 9c and d are supplemented as follows:

(1) Designations of sensitive positions required by paragraph 9c, AFR 40-12, will be made in writing and will be signed by the official responsible for making the designation. This written statement will contain the following information:

(a) A statement of the basis for designating the position as sensitive, including a reference to the subparagraph or subparagraphs of paragraph 9b, AFR 40-12, which apply, and

(b) The highest category of classified information if any, to which the incumbent of the position has access.

As changes in sensitivity occur, a new statement will be made and signed. All previous designations will be retained. These written designations will be maintained in a central file for the installation, in an office specified by the commander. This will provide the commander with a central file containing a written record of each position under his command which has been designated sensitive.

(2) In order that appropriate action may be taken to obtain investigations as required for sen-
sitive positions, a copy of the written designation of sensitivity referred to in (1) above
will be forwarded to the individual maintaining the OF 4b, Employee Record Card, "*
to make data available for inclusion on the SF 52, "Request for Personnel Action," in
accordance with chapter 4, AFM 40-2. An entry will be made on the SF 7, "Service
Record Card," for each employee indicating whether the position occupied is sensitive or
nonsensitive, and if sensitive, the subparagraph number of AFR 40-12 under which desig-
nated. This will provide information as to sensitivity of positions occupied by individual
employees during their Air Force employment. As changes in sensitivity of positions are
effected in accordance with (1) above, appropriate notifications will be given to the
officials maintaining OF 4b and SF 7.

(3) A sensitive position will be redesignated as nonsensitive only when it is found that the
duties and responsibilities of the position no longer fall within the provisions of paragraph
9b. In the event that a change in the sensitivity of a position occurs after a SF 52 has
been submitted to the civilian personnel officer to fill a position, the operating office
will submit a revised SF 52 indicating the change in designation. A position will not be
temporarily redesignated nonsensitive in order to fill it prior to completion of the required
investigation.

d. Paragraph 16 of AFR 40-12 is modified and clarified as follows:

(1) If the regularly assigned or official position of the employee whose case is under consideration is a "nonsensitive" position, suspension or removal action under AFR 40-12 will not be initiated or recommended. However, the entire investigative file, and the information described in paragraph 16g, AFR 40-12, will be forwarded to Headquarters USAF in accordance with paragraph 16g.

(2) In any case involving an employee whose regularly assigned or official position is a sensitive one, the commander should not change the employee's position by formal personnel action (that is, through reassignment, promotion or change to lower grade) to a nonsensitive position as an interim security measure under paragraph 16d. A SF 50 will not be prepared and the position description of the employee's regularly assigned or official position should not be rewritten to delete sensitive duties. The provision of paragraph 16d which would authorize employees to be placed on annual leave involuntarily as an interim security measure is deleted.

95-901 O-63 (App. vol. 1)–26

(3) In any case involving either a sensitive or nonsensitive position in which the reported information comes solely within the meaning of Paragraphs 8a(1)(a) through (d), the commander will initiate separation action under AFM 40-1 on suitability grounds, if he determines separation action is warranted. If action to separate an employee under the provisions of AFM 40-1 is based upon information contained in a report of investigation furnished by the OSL, permission from that agency must be secured before any information in the report may be disclosed to the employee involved.

e. In addition to the material described in paragraph 16g, the commander will include in the file which he forwards to Headquarters USAF:

(1) A statement as to whether the position involved has been designated as a sensitive position, and a copy of the written designation of sensitivity required by paragraph 3c(1) of this letter.

(2) If the commander is of the opinion that the continued employment of the employee may not be clearly consistent with the interests of national security, a statement setting forth the basis for that opinion including a specific reference to the subparagraphs of paragraph 8a(1)(e) through 8a(15) of AFR 40-12 which apply.

(3) In the case of an employee whose regularly assigned or official position is a sensitive position, a statement by the commander whether in his opinion the employee meets the suitability requirements under AFM 40-1. If the commander believes that the employee does not meet suitability requirements, he will indicate whether there is sufficient information available to remove the employee under chapter AF S1, AFM 40-1.

(4) In the case of an employee whose regularly assigned or official position is a nonsensitive position, a statement as to whether action has been taken or is proposed under chapter AF S1, AFM 40-1.

4. Commanders will notify their major air command headquarters by 27 May 1957 that the action outlined in paragraphs 3c(1) and (2) of this letter has been taken and will report the number of sensitive positions reflected in the file. Major air commands will advise the Executive Secretary, Civilian Personnel Security Program, Headquarters USAF, Washington 25, D. C., by 11 June 1957 that commandwide compliance with paragraphs 3c(1) and (2) has been effected, and will report the total number of positions designated as sensitive at each installation within the command. Reports Control Symbol AF-Q87(OT) is assigned this Report of Review of Sensitive Positions.

5. This letter will be rescinded automatically upon receipt of revised AFR 40-12.