Security clearance

“ No government official shall be entitled to access to provided CMI solely by virtue of rank, appointment, or a Personnel Security Clearance.
2. Access to provided CMI shall be granted only to those government officials whose official duties require such access and who have been granted a Personnel Security Clearance subject to the national laws and regulations in force of the Receiving Party. ”

“ REQUIREMENTS.—A person appointed to the staff of the Commission— (A) shall be a private citizen of integrity and impartiality; and (B) may not be an employee of the Federal Government. (3) SECURITY CLEARANCES.—A candidate for a position on the staff of the Commission shall qualify for the necessary security clearance prior to appointment. ”

“ Expedited Security Clearance.— The Director of National Intelligence shall ensure that the process for the investigation and adjudication of an application by an Inspector General or any appropriate staff of an Inspector General for a security clearance necessary for the conduct of the review under subsection (b) (1) is carried out as expeditiously as possible. ”

“ Counsel must hold a valid, current United States security clearance at the Secret level or higher or its equivalent, as determined by appropriate DoD intelligence personnel.
b. Counsel who possess a valid security clearance shall provide, in writing, the date of their background investigation, the date such clearance was granted, the level of the clearance, and the agency that granted the clearance. ”

“ Justices, judges and cleared court personnel shall not disclose classified information to anyone who does not have a security clearance and who does not require the information in the discharge of an official function. However, nothing contained in these procedures shall preclude a judge from discharging his official duties, including giving appropriate instructions to the jury. Any problem of security involving court personnel or persons acting for the court shall be referred to the court for appropriate action. ”

“ All of these programs and procedures were established by directives issued by the Secretary of Defense or the Secretaries of the Army, Navy, and Air Force. None was the creature of statute or of an Executive Order issued by the President. [24]
Respondents maintain that congressional authorization to the President to fashion a program which denies security clearance to persons on the basis of confidential information which the individuals have no opportunity to confront and test is unnecessary because the President has inherent authority to maintain military secrets inviolate. ”

“ Before we are asked to judge whether, in the context of security clearance cases, a person may be deprived of the right to follow his chosen profession without full hearings where accusers may be confronted, it must be made clear that the President or Congress, within their respective constitutional powers, specifically has decided that the imposed procedures are necessary and warranted and has authorized their use. ”

“ Among other requirements, in order for a person to obtain a security clearance allowing that person access to classified United States Government information, that person is required to and must agree to properly protect classified information by not disclosing such information to persons not entitled to receive it, by not unlawfully removing classified information from authorized storage facilities, and by not storing classified information in unauthorized locations. If a person is not eligible to receive classified information, classified information may not be disclosed to that person. ”

“ Finally, our decision last year in Greene v. McElroy lends little support to the respondents' position. The governmental action there reviewed was certainly of a judicial nature. The various Security Clearance Boards involved in Greene were not conducting an investigation; they were determining whether Greene could have a security clearance-a license in a real sense, and one that had a significant impact upon his employment. By contrast, the Civil Rights Commission does not make any binding orders or issue 'clearances' or licenses having legal effect. ”

“ The Munitions Board also established a Central Index Security Clearance File to serve as a clearing house for all indvid ual and facility clearances and denials, (and) developed a standard security requirements check list * * *.
Uniform standards for security investigations of facility and contractors' personnel are being developed * * *. ”

“ Its functions were to grant or deny clearance for employment on aeronautical or classified contract work when such consent was required, and to suspend individuals, whose continued employment was considered inimical to the security interests of the United States, from employment on classified work.' Report of the Commission on Government Security, 1957, S.Doc. No. 64, 85th Cong., 1st Sess. 239. It established its own procedures which were approved by the Secretaries of the Army, Navy, and Air Force. ”

“ Berg extended a wallet. Lancaster scanned the cards and handed them back.
"Okay, so you're in Security," he said. "I still can't tell you anything, not without proper clearance."
Berg chuckled amiably. "Good. I'm glad to see you're discreet. Too many labmen don't understand the necessity of secrecy, even between different branches of the same organization." ”

“ Comptroller General Campbell and the Moss subcommittee, [Pg 161] among others, have raised the question as to whether this withholding of information is inconsistent with the Constitutional requirements that the Chief Executive “take care that the laws be faithfully executed.”
There is no problem of national security involved. The Air Force and Navy have informed Congress and the GAO that no national security is involved, since the GAO auditors have the same clearance to examine classified material as do the officials in the departments. ”

“ Classification management means the life-cycle management of classified national security information from original classification to declassification. (d) Cleared commercial carrier means a carrier that is authorized by law, regulatory body, or regulation, to transport Secret and Confidential material and has been granted a Secret facility clearance in accordance with the National Industrial Security Program. (e) Control means the authority of the agency that originates information, or its successor in function, to regulate access to the information. ”

“ The needs of State and local personnel to have access to relevant homeland security information to combat terrorism must be reconciled with the need to preserve the protected status of such information and to protect the sources and methods used to acquire such information. (6) Granting security clearances to certain State and local personnel is one way to facilitate the sharing of information regarding specific terrorist threats among Federal, State, and local levels of government. ”

“ Persons performing classified briefings must know the job responsibility of the persons to whom they show classified materials. No one should be given access to classified material as a routine matter before a background check is conducted. Agencies should ensure that security clearances are terminated when employees leave the positions necessitating clearances. ”

“ Although these statutes make it apparent that Congress recognizes the existence of military secrets, they hardly constitute an authorization to create an elaborate clearance program which embodies procedures traditionally believed to be inadequate to protect affected persons. ”

“ We were dealing with the asbestos legislation on the floor at the time, and I needed to go over to the floor.
I'm interested in the telephone companies that assist the government engaging in electronic surveillance face potential criminal and civil penalties if they disclose consumer information unlawfully.
So they are protected from such liability if they receive a written certification from the attorney general or his designee saying that, and I quote, "No warrant or court order is required by law, that all statutory requirements have been met and that the specific assistance is required." ”

“ Senator, whatever the limits of the president's authority given under the authorization of the use of military force and his inherent authority as commander in chief in a time of war, it clearly includes the electronic surveillance of the enemy. ”

“ Every credible threat on the life of a government official leads to an investigation and a series of security measures, such as the summoning of Secret Service Officers or Deputy United States Marshals for protective details. ”

“ Is it true that if the secretary of war omits, for any reason, to take security from a public officer, in the precise form which a statute prescribes, that the United States shall lose the benefit of that security, if given voluntarily, and for a lawful and proper purpose: a purpose that really effectuates the law ”

“ As a final reason for exemption from a warrant requirement, the Government believes that disclosure to a magistrate of all or even a significant portion of the information involved in domestic security surveillances
would create serious potential dangers to the national security and to the lives of informants and agents. . . . Secrecy is the essential ingredient in intelligence gathering ”

“ The DoD privilege team is charged with representing and protecting U.S. Government interests related to security and threat information. The DoD privilege team functions in congruence with the Court Security Officer under this order to assure that those equities are protected while assuring attorney-client privilege is not violated. ”

“ Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined not more than $1,000, or imprisoned for not more than one year, or both. ”

“ Now, the question for this hearing goes into the illegality of the government's domestic spying on ordinary Americans without a warrant.
LEAHY: The question facing us is not whether the government should have all the tools it needs to protect the American people. Of course, they should. Every single member of Congress agrees they should have the tools necessary to protect the American people. ”

“ Pursuant to that power, the Secretary has issued an Industrial Security Manual which requires contractors to protect all classified information by maintaining a system of security controls and to report any loss, compromise, or suspected compromise of that information to the Department of Defense. ”

“ I would direct you and the other members of the committee to Chairman Roberts' response to Mr. Dean in terms of making it clear that what's going on here is much more akin to the directive by President Roosevelt to Attorney General Jackson in terms of authorizing his administration to initiate warrantless surveillance of the enemy. ”

“ While there are defenses against 'outside' surveillance, these are so costly and complex and demand such constant vigilance that their use is feasible only where official or private matters of the highest security are to be protected. ”