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SECTION V. ADJUDICATIONS.

Paragraph Page Unfavorable investigative reports..

22 19 Action at the employing installation.

23 Action at Major Command Headquarters.

24
Action by the Command Echelon..

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Action by Assistant Chief of Staff, G-2, Department
of the Army -

26
Action by the Security Screening Board...

27 Delivery of letter of charges to the employee

28 23

29 24 VI. REVIEW AND READJUDICATIONS. Requirements for readjudication...

30 Additional investigation required..

31 24 Notifications to the Assistant Chief of Staff, G-2. 32 Favorable determinations -

33
VII. HEARINGS.
Employee's rights to hearings -

34
Preliminary arrangements for hearings.
The hearing----

36
Government witnesses.-

37 Release of information during a hearing

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The Hearing Board's findings -

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VIII. ACTION AFTER HEARING.
Review after hearing--

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Decision by the Secretary of the Army

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IX. PERSONNEL ACTIONS.

Suspensions..
Resignations -

43
Removals on security grounds.

44 Separations.

45 Restorations and retroactive pay

46 34 Change in status while a case is in process.

47 Future employment.-

48 APPENDIX I. United States Civil Service Regions. II. Sample letter inviting witnesses.

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SECTION I

GENERAL

1. Civilian Employee Security Program.-a. By Executive Order 10450, 27 April 1953, entitled Security Requirements for Government Employment (see AR 380–10), the President of the United States has ordered the establishment and maintenance of an effective program to insure that the employment of any civili officer or employee is clearly consistent with the interests of national security.

6. The Administrative Assistant to the Secretary of the Army has been designated by the Secretary of the Army as the official within the Army Establishment who will be responsible for the maintenance of an effective and efficient program under Executive Order 10450.

c. These regulations prescribe policies and procedures to govern the investigative requirements of Executive Order 10450, the processing of reports of investigation and the disposition of all cases of civilian employees of the Army Establishment whose employment would be inconsistent with the interests of national security. Nothing in these regulations is to be construed as limiting or abridging existing authority for the removal, reassignment, or transfer of civiilan employees under applicable Civil Service rules and regulations.

2. Policies and authority.-a. In compliance with Executive Order 10450 and because of the nature of the mission of the Army Establishment, it is essential that employment be denied or the services of any employee of the Army Establishment be terminated when, in the opinion of the Secretary, such employment would not be clearly consistent with the interests of national security. Such dismissal authority is vested in the Secretary of the Army by virtue of Section 1 of the Act of 26 August 1950 (P. L. 733, 81st Cong. ; 64 Stat. 476; 5 U.S.C. Supp. V; 22-1); AR 380–10 and sec. V. DA Bul. 18, 1950).

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0. Public Law 733, 81st Congress and Executive Order 10450 provide for the suspension and removal of any civilian employee when warranted in the interests of national security. Applicable appropriation acts prohibit payments to any employee who advocates, or is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence.

0. The policies and procedures contained in these regulations are promulgated in accordance with standard policies established by the Department of Defense and recommendations of the Department of Justice. The Secretary of Defense has stated the following policy:

The use of the suspension and removal procedures authorized by Public Law 733 will be Uimited to cases in which the interests of the national security are involved. These procedures will be used to supplement, not to substitute for. normal civil service removal procedures. Maximum use will be made of normal civil service removal procedures where national security is not a consideration and such procedures are adequate and appropriate.

(See 3, change No. 2, p. 115.)

3. Responsibilities.—* * * Security officers will provide assistance in determining whether a particular employee should be declared a security risk, and the desirability of processing a removal action under these regulations. Civilian personnel officers will be consulted in determining whether or not action should be taken under CPR Si, and regarding administrative details of the employ. ment, assignment, and removal of civilian employees. To carry out their responsibilities, civilian personnel officers should be advised whenever a case is forwarded for evaluation and adjudication under these regulations. In any such case if the employee is separated before final decision is made in the case, the civilian personnel officer will be responsible for forwarding notification of separation as specified in paragraph 47. Civilian personnel offices are deemed the most logical places to maintain control records of sensitive and nonsensitive position classifications.

4. Effective date.—These regulations will be followed in the processing of all cases after 27 May 1953, the effective date of Executive Order 10450.

(See 5, change No. 2, p. 116.) 6. Subversive organizations and activities.-In accordance with Executive Order 10450 the Attorney General has designated certain organizations as coming within the purview of the Order. A listing of those organizations will be found in SR 600–220_11. In addition to the foregoing, section 5 of Title I of the Inter nal Security Act of 1950 (64 Stat. 992; 50 U.S.C. Supp. V, 784 ; P.L. 831, 81st Cong.; DA Bul. 17, 1959) makes unlawful certain activities in and connections with organizations declared by the Subversive Activities Control Board to be Conimunist organizations. To date the Subversive Activities Control Board bas designated only the Communist Party, U.S.A. as such an organization. In order that all employees may be made aware of the names of all proscribed organizations, each installation and activity in the Army Establishment will post at several conspicuous locations a listing of the organizations cited by the Attorney General in accordance with Executive Order 10450 together with a statement of the criteria specified in paragraph 17. All new employees, and applicants for employment wherever practicable, will be required to read a listing of referenced organizations and the criteria prior to execution of oath of office or submission of application. As indicated in the criteria set forth in paragraph 17, membership in, affiliation with, contributions to, and association with members of proscribed organizations may be considered as reflecting adversely on Federal employees. Among other things the failure to disclose any of the aforementioned activities when applying for employment or in preparing any official questionnaires also may reflect adversely on the employee. In the above connection, where an employee's loyalty, integrity, or public reputation is in question, on the basis of reasonable evidence, the Secretary of the Army considers it the duty of the employee in question to disclose fully all pertinent facts. The Secretary of the Army does not consider it consistent with the interests of national security to employ or retain in employment any person who, in response to a proper question by proper authority, refuses to state whether he is or has been a member of the Communist Party or other subversive group or organization.

7. Definitions.-As the terms are used in these regulations the following definitions will apply:

a. The terms, Department of the Army, Army Establishment, and major command, are as defined in AR 320–5.

6. The term “national security” relates to the protection and preservation of the military, economic, and productive strength of the United States, including the security of the Government in domestic and foreign affairs, against or from espionage, sabotage, and subversion, and any and all other acts designed to weaken or destroy the United States.

C. A "sensitive position” is any position within the Army Establishment the occupant of which could bring about by virtue of the nature of the position a material adverse effect on the national security. Such positions include the following: (1) Any position, the duties or responsibilities of which require access to

TOP SECRET, SECRET, or CONFIDENTIAL information or material. (2) Any other position so designated by the Secretary of the Army or his

designee. d. The terms "sensitive position-critical" and "sensitive position—noncritical" as used in paragraph 9 are descriptive terms to establish the relationship between the investigative requirements for assignment to a position and the sensitivity of the position. For all other purposes the term "sensitive position" referred to under these regulations will be interpreted as defined in c above.

SECTION II

INVESTIGATIONS 8. General.—The purpose of this section is to prescribe the investigative requirements for civilian personnel seeking employment within the Army Establishment, the procedures for obtaining the investigations described herein, and the procedures for recording of security determinations required by Executive Order 10450. Detailed instructions concerning the mechanics of obtaining necessary forms for requesting investigations are contained in CPR 12.

9. Investigative requirements.—The appointment of each civilian officer or employee in the Army Establishment shall be subject to investigation. The scope of the investigation shall be determined in the first instance according to the degree of adverse effect the occupant of the position sought to be filled could bring about, by virtue of the nature of the position, on the national security, but in no event shall the investigation include less than a national agency check (including a check of the fingerprint files of the Federal Bureau of Investigation), and written inquiries to appropriate local law-enforcement agencies, former employers and supervisors, references, and schools attended by the person under investigation. Should there develop at any stage of the investigation information indicating that the employment of any person may not be clearly consistent with the interests of the national security, the investigation will be extended as necessary to enable the Secretary of the Army to determine whether or not retention of such person is clearly consistent with the interests of the national security.

a. For nonsensitive positions a national agency check and written inquiries are required for all appointees, except for appointments limited in tenure to 6 months or less and for non-United States citizen employees in oversea areas, where the commander concerned will establish an appropriate investigation to insure that the employment of the person concerned is consistent with the interests of the national security. When it is anticipated that extensions of temporary appointments will total more than 6 months, it will be necessary to obtain the required investigation as soon as possible. National agency checks and written inquiries for nonsensitive positions will be initiated at the time of inducton of the appointee. Entrance on duty need not be delayed pending completion of the required investigation.

6. For sensitive positions—critical, a background investigation, or its equivalent, with favorable results is required civilian employees, to include both those employed on or prior to 27 May 1953, and applicants subsequent to 27 May 1953 assigned to, or being considered for assignment to, those positions which involve responsibility for the development or approval of war plans, plans or particulars of future major or special operations of war, or critical and extremely important items of war, or policies and programs which affect the overall operations of the Army Establishment, the Department of Defense, or other military departments. In case of emergency, however, any such position may be filled by a person with respect to whom a background investigation has not been completed when such action is deemed necessary in the interests of the na

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tional security which finding will be made a matter of record in accordance with AR 604-5; but in such cases a national agency check with favorable results must first be completed. Positions within this category will include, but are not limited to

(1) Positions described above which afford access to TOP SECRET

information.

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(3) Positions as member of boards which pass upon security risks. c. For sensitive positions-noncritical, that is, sensitive positions not included in above, the investigative requirements will be in accordance with AR 6045; except that the minimum investigation authorized for retention in, or assignment to, these sensitive positions will be a national agency check and written inquiries with satisfactory results. Interim and emergency appointment to these positions is authorized in accordance with AR 601-5.

d. Employees who were occupying positions falling within the category of sensitive positions—critical, as specified in 0 above, on 27 May 1953 may continue to occupy such positions, if they meet the minimum investigative requirements stated above, until such time as a background investigation is completed. An appropriate certification of that fact is to be made a matter of record in each such employee's official personnel folder.

10. Delegations of authority.–. Authority to designate “sensitive positions critical" is delegated to the Under and Assistant Secretaries of the Army, and to those staff section heads and major commanders who are authorized to grant TOP SECRET security clearances in accordance with AR 604–5. This authority may not be further delegated. Authority to designate "sensitive positionscritical" at class II installations lies with the major commander concerned in accordance with SR 10–500-1.

0. Authority to designate "sensitive positions—noncritical" is delegated to those persons authorized to grant security clearances in accordance with AR 604 5.

11. Reinvestigations.—To assure that the minimum investigative requirements of Executive Order 10450 have been met on all personnel employed on or prior to 27 May 1953, it will be necessary for each installation to conduct a review of the personnel and investigative files on every employee. This review must be completed by 30 April 1954. The following rules will apply on reinvestigations or additional investigations which may be necessary to meet the minimum requirements of Executive Order 10450 and to justify the execution of certificates that employment is clearly consistent with the interests of the national security :

(See 11a, change No. 1, p. 112.)

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6. Sensitive positions.--A person who has been the subject of a prior investigation that meets the investigative requirements of these regulations for assignment to the position which he occupies or for which he is being considered need not be reinvestigated; provided : there has not been a break in government service of over 3 months, and there is no information available indicating that appointment or retention of the person concerned would not be clearly consistent with the interests of the national security. In the case of an employee presently assigned to a sensitive position-noncritical and who has been the subject of a Part VI check only under Executive Order 9835, and provided there has been not more than one break in government employment not to exceed 3 months since the last investigation, a national agency check will be initiated in accordance with SR 380_320-10.

The provisions of a and b above do not negate the requirements for recording the security determination in each case as provided for in paragraph 14.

12. Initiating investigations.-As indicated in paragraph 8, full details of procedures and forms to be used for initiating investigations are contained in CPR 12. In addition to those instructions the following instructions will apply:

a. A favorable security determination (clearance) by the commanding officer is required before an applicant is appointed to a sensitive position or before an employee is placed in a position requiring a higher degree of security clearance than that required in his present position.

0. In the case of an employee who is to be assigned to a sensitive positioncritical, after report is received on the national agency check, a background investigation will be initiated in accordance with SR 380-320-10 or such additional investigation accomplished as to meet the requirements of paragraphs 96 and 110.

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13. Action upon completion of investigation. Result of investigations conducted by the Civil Service Commission usually will be submitted for security evaluation direct to the person whose address is shown on Standard Form 85 (Security Investigation Data for Nonsensitive Position) or Standard Form 86 (Security Investigation Data for Sensitive Position). In those cases which contain derogatory information within the scope of the criteria stated in paragraph 17a, the reports will be forwarded through the Office of the Assistant Chief of Staff, G-2, Department of the Army. These reports normally be accompanied by Civil Service Commission Form 3746B or 3746C, together with CSC Form 352 for nonsensitive positions or the CSC Form INV 372 or 352A for sensitive positions.

a. In the case of a favorable investigation for appointment to a nonsensitive position the Form 3746B or C, as appropriate, will be completed and both copies returned to the Civil Service Commission indicating the results of the security determination. In addition, the security officer will take the action indicated in paragraph 14.

6. In the case of a favorable preappointment investigation for a sensitive position the duplicate copy of the Form INV 372 will be completed and returned to the Civil Service Commission indicating the results of the security determination covering the following items on the form : whether the applicant was appointed, whether the position is still sensitive and whether additional investigation is required, and, if so, the agency that will conduct the investigation. If the position to which the employee is to be assigned is non critical and the Civil Service Commission is to conduct the written inquiry portion of the investigation, the Form INV 372 will be completed by indicating under section B the date applicant was appointed. The remainder of the first sentence will be deleted and blocks 1 or 2 checked as appropriate. Under section B the following will be entered in the remark section : "Full Field Investigation not required in this case, please complete written inquiries.” If the position to which the employee is to be assigned is critical, or if for any other reason the remainder of the investigation is to be conducted by an investigative agency of the Army Establishment a background investigation will be requested under AR 381-130. In addition the security officer will take the action indicated in paragraph 14.

c. In any case where the initial investigation conducted by the Civil Service Commission reveals derogatory information requiring further investigation and action under these regulations, the Form 3746B or C or the Form INV 372, will remain with the case file and will be detached from the case file in the Office of the Assistant Chief of Staff, G-2, Department of the Army, and will be retained by that office until a final security determination is made, at which time the appropriate form will be returned to the Civil Service Commission indicating the results of the Secretary of the Army's final adjudication of the case. If a subsequent suspension action is taken, independent of the appointment inves tigation, a report of such action will be submitted to the Civil Service Commission on Standard Form 80 (Report of Action on Investigation by Employing Agency) by the employing installation. In any such case the Assistant Chief of Staff, G-2, Department of the Army, will submit a report to the Civil Service Commission on Standard Form 80 showing the results of the Secretary of the Army's final adjudication of the case.

14. Recording of security determinations.--Executive Order 10450 requires that in each case a positive determination must be made that the employment of the person concerned is clearly consistent with the interests of the national security. If it is determined that retention in employment is not clearly consistent with the interests of the national security, the commanding officer will initiate action under these regulations. In all other cases the security officer in the case of nonsensitive positions will submit to the civilian personnel officer for inclusion within the official personnel folder a statement that a national agency check and written inquiries or its equivalent has been completed with satisfactory results, or in the case of sensitive positions that the individual has been granted a security clearance for access to a given degree of classified information. For the Army Establishment this will be accomplished by the execution of a DA Form 873 (Certificate of Clearance and/or Security Determinations Under Executive Order 10450) for all persons certified or recertified in accordance with these regulations. Completion and distribution of DA Form 873 will be in accordance with AR 604–5. The requirement for a completed Form 873 is in addition to the Civil Service Commission requirement for the completion of the Civil Service Form 3746 or Standard Form 80.

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