32 C.F.R. Subpart E—Requesting Personnel Security Investigations
Title 32 - National Defense
Requests for personnel security investigations shall be limited to those required to accomplish the Defense mission. Such requests shall be submitted only by the authorities designated in §154.31. These authorities shall be held responsible for determining if persons under their jurisdiction require a personnel security investigation. Proper planning must be effected to ensure that investigative requests are submitted sufficiently in advance to allow completion of the investigation before the time it is needed to grant the required clearance or otherwise make the necessary personnel security determination. Requests for personnel security investigation shall be accepted only from the requesters designated below: (a) Military Departments. (1) Army. (i) Central Clearance Facility. (ii) All activity commanders. (iii) Chiefs of recruiting stations. (2) Navy (including Marine Corps). (i) Central Adjudicative Facility. (ii) Commanders and commanding officers of organizations listed on the Standard Navy Distribution List. (iii) Chiefs of recruiting stations. (3) Air Force. (i) Air Force Security Clearance Office. (ii) Assistant Chief of Staff for Intelligence. (iii) All activity commanders. (iv) Chiefs of recruiting stations. (b) Defense Agencies—Directors of Security and activity commanders. (c) Organization of the Joint Chiefs of Staff—Chief, Security Division. (d) Office of the Secretary of Defense—Director for Personnel and Security, Washington Headquarters Services. (e) Commanders of Unified and Specified Commands or their designees. (f) Such other requesters approved by the Deputy Under Secretary of Defense for Policy. Authorized requesters shall use the tables set forth in Appendix C to determine the type of investigation that shall be requested to meet the investigative requirement of the specific position or duty concerned. To insure efficient and effective completion of required investigations, all requests for personnel security investigations shall be prepared and forwarded in accordance with Appendix B and the investigative jurisdictional policies set forth in §154.9. To insure that personnel security investigations are conducted in an orderly and efficient manner, requests for priority for individual investigations or categories of investigations shall be kept to a minimum. DIS shall not assign priority to any personnel security investigation or categories of investigations without written approval of the Deputy Under Secretary of Defense for Policy. (a) To conduct the required investigation, it is necessary that the investigative agency be provided certain relevant data concerning the subject of the investigation. The Privacy Act of 1974 requires that, to the greatest extent practicable, personal information shall be obtained directly from the subject individual when the information may result in adverse determinations affecting an individual's rights, benefits, and privileges under Federal programs. (b) Accordingly, it is incumbent upon the subject of each personnel security investigation to provide the personal information required by this part. At a minimum, the individual shall complete the appropriate investigative forms, provide fingerprints of a quality acceptable to the FBI, and execute a signed release, as necessary, authorizing custodians of police, credit, education, employment, and medical and similar records, to provide relevant record information to the investigative agency. When the FBI returns a fingerprint card indicating that the quality of the fingerprints is not acceptable, an additional set of fingerprints will be obtained from the subject. In the event the FBI indicates that the additional fingerprints are also unacceptable, no further attempt to obtain more fingerprints need be made; this aspect of the investigation will then be processed on the basis of the name check of the FBI files. As an exception, a minimum of three attempts will be made for all Presidential Support cases, for SCI access nominations if the requester so indicates, and in those cases in which more than minor derogatory information exists. Each subject of a personnel security investigation conducted under the provisions of this part shall be furnished a Privacy Act Statement advising of the authority for obtaining the personal data, the principal purpose(s) for obtaining it, the routine uses, whether disclosure is mandatory or voluntary, the effect on the individual if it is not provided, and that subsequent use of the data may be employed as part of an aperiodic review process to evaluate continued eligibility for access to classified information. (c) Failure to respond within the time limit prescribed by the requesting organization with the required security forms or refusal to provide or permit access to the relevant information required by this part shall result in termination of the individual's security clearance or assignment to sensitive duties utilizing the procedures of §154.59 or further administrative processing of the investigative request.
Title 32: National Defense
PART 154—DEPARTMENT OF DEFENSE PERSONNEL SECURITY PROGRAM REGULATION
Subpart E—Requesting Personnel Security Investigations
§ 154.30 General.
§ 154.31 Authorized requesters.
§ 154.32 Criteria for requesting investigations.
§ 154.33 Request procedures.
§ 154.34 Priority requests.
§ 154.35 Personal data provided by the subject of the investigation.
