An Act to amend the Internal Security Act of 1950
PL 88-290 (H.R.950), enacted 03/26/1964

168 
PUBLIC LAW 88-289-MAR. 25, 1964 
[78 STAT. 
March 25, 1964 
[S. 1878] 
Alaska. 
Lands, filing of 
applications. 
48 u s e prec. 21 
note. 
Public Law 88-289 
AN ACT 
To amend the Act providing for the admission of the State of Alaska into 
the Union in ordei- to extend the time for the filing of applications for 
the selet'tion of certain lands by such State. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States 
of America 
in Congress assembled^ That the first 
sentence of subsection (h) of section 6 of the Act entitled "An Act to 
Approved March 25, 1964. 
March 26, 1964 
[H. R. 9 50] 
Internal Secu-
rity Act of 1950, 
amendment. 
64 Stat. 987. 
50 u s e 781 note. 
Public Law 88-290 
AN ACT 
To amend the Internal Security Act of 1950. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Internal 
Security Act of 1950 is amended by adding at the end thereof the 
following new title: 
"TITLE 
III—PERSONNEL 
SECURITY 
PROCEDURES 
IN 
NATIONAL 
SECURITY 
AGENCY 
"REGULATIONS FOR EMPLOYMENT SECURITY 
"SEC. 301. Subject to the provisions of this title, the Secretary of 
Defense (hereafter in this title referred to as the 'Secretary") shall 
prescribe such regulations relating to continuing security procedures 
as he considers necessary to assure— 
"(1) that no person shall be employed in, or detailed or assigned 
to, the National Security Agency (hereafter in this title referred 
to as the 'Agency'), or continue to be so employed, detailed, or 
assigned; and 
"(2) that no person so employed, detailed, or assigned shall 
have access to any classified information; 
unless such employment, detail, assignment, or access to classified 
information is clearly consistent with the national security. 
Conditional 
employment. 
FULL FIELD INVESTIGATION AND APPRAISAL 
" S E C 302. (a) No person shall be employed in, or detailed or assigned 
to, the Agency unless he has been the subject of a full field investiga-
tion in connection with such employment, detail, or assignment, and 
is cleared for access to classified information in accordance with the 
provisions of this title; excepting that conditional employment with-
out access to sensitive cryptologic information or material may be 
tendered any applicant, under such regulations as the Secretary may 
prescribe, pending the completion of such full field investigation: And 
provided further^ That such full field investigation at the discretion of 
the Secretary need not be required in the case of persons assigned or 
detailed to the Agency who have a current security clearance for access 
Qualifications. 
78 STAT. ] 
PUBLIC LAW 88-290-MAR. 26, 1964 
169 
to sensitive cryptologic information under equivalent standards of 
investigation and clearance. During any period of war declared by 
the Congress, or during any period when the Secretary determines 
that a national disaster exists, or in exceptional cases in which the 
Secretary (or his designee for such purpose) makes a determination 
in writing that his action is necessary or advisable in the national 
interest, he may authorize the employment of any person in, or the 
detail or assignment of any person to, the Agency, and may grant 
to any such person access to classified information, on a temporary 
basis, pending the completion of the full field investigation and the 
clearance for access to classified information required by this subsec-
tion, if the Secretary determines that such action is clearly consistent 
with the national security. 
"(b) To assist the Secretary and the Director of the Agency in ^^°^l^^i°^ 
carrying out their personnel security responsibilities, one or more 
boards of appraisal of three members each, to be appointed by the 
Director of the Agency, shall be established in the Agency. Such a 
board shall appraise the loyalty and suitability of persons for access 
to classified information, in those cases in which the Director of the 
Agency determines that there is a doubt whether their access to that 
information would be clearly consistent w^ith the national security, 
and shall submit a report and recommendation on each such a case. 
However, appraisal by such a board is not required before action may 
be taken under section 14 of the Act of June 27, 1944, chapter 287, as 
amended (5 U.S.C. 863), section 1 of the Act of August 26,1950, chap- 6/ltalr*723!^" 
ter 803, as amended (5 U.S.C. 22-1), or any other similar provision of 
64 stat. 476. 
law. Each member of such a board shall be specially qualified and 
o°=l^ffi'^!r?^^!^' 
trained for his duties as such a member, shall have been the subject of a 
full field investigation in connection with his appointment as such a 
member, and shall have been cleared by the Director for access to 
classified information at the time of his appointment as such a member. 
Xo person shall be cleared for access to classified information, con-
trary to the recommendations of any such board, unless the Secretary 
(or his designee for such purpose) shall make a determination in 
writing that such employment, detail, assignment, or access to clas-
sified information is in the national interest. 
"TERMINATION OF EMPLOYMENT 
"SEC. 303. (a) Notwithstanding section 14 of the Act of June 27,1944, 
chapter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 
26, 1950, chapter 803, as amended (5 U.S.C. 22-1), or any other pro-
vision of law, the Secretary may terminate the employment of any 
officer or employee of the Agency whenever he considers that action 
to be in the interest of the United States, and he determines that the 
procedures prescribed in other provisions of law that authorize the 
termination of the employment of that officer or employee cannot be 
invoked consistently with the national security. Such a determination 
is final. 
"(b) Termination of employment under this section shall not affect „^^„'^'t^°J^^2!.'^"'^ 
the right of the officer or employee involved to seek or accept employ-
ment with any other department or agency of the United States if he 
is declared eligible for such employment by the United States Civil 
Service Commission. 
"(c) Notwithstanding section 133(d) of title 10, United States Code, 
any authority vested in the Secretary of Defense by subsection (a) ai^horUy' 
may be delegated only to the Deputy Secretary of Defense or the 
Limitation. 
Director of the National Security Agency, or both. 
other agencies. 
76 Stat. 517. 
Delegation of 
170 
PUBLIC LAW 88-291-MAR. 26, 1964 
[78 STAT. 
(( 
DEFINITION OF CLASSIFIED INFORMATION 
"SEC. 304. For the purposes of this section, the term 'classified infor-
mation' means information which, for reasons of national security, is 
specifically designated by a United States Government agency for 
limited or restricted dissemination or distribution. 
60 Stat. 237. 
" N O N A P P L I C A B I L I T Y O F ADMINISTRATIVE PROCEDURE ACT 
"SEC. 305. The Administrative Procedure Act, as amended (5 U.S.C. 
1001 et seq.), shall not apply to the use or exercise of any authority 
granted by this title. 
73 Stat. 63; 
75 Stat. 789. 
64 Stat. 1098. 
AMENDMENTS 
"SEC. 306. (a) The first sentence of section 2 of the Act of May 29, 
1959 (50 U.S.C. 402 note), is amended by inserting ', without regard 
to the civil service laws,' immediately after 'and to appoint thereto'. 
"(b) Subsection (b) of section 2 of the Performance Rating Act of 
1950 (5 U.S.C. 2001 (b)) is amended— 
"(1) by striking out the period at the end of paragraph (13) 
and inserting in lieu thereof a semicolon; and 
"(2) by adding at the end thereof the following new paragraph: 
"'(14) The National Security Agency.'.'' 
Approved March 26, 1964. 
March 26, 19 64 
[S. 1299] 
Public Law 88-291 
AN ACT 
To defer certain operation and maintenance charges of the Eden Valley Irrigation 
and Drainage District. 
Eden Valley 
Irrigation and 
Drainage Dis-
trict, Wyoming. 
Availability of 
appropri at ions. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of the Interior is authorized and directed to defer, without interest, 
the collection of irrigation operation and maintenance charges due for 
the last one-half of calendar year 1964 as shown in the May 17, 1963, 
notices of 1964 water charges to the Eden Valley Irrigation and Drain-
age District: Provided^ That the Secretary and the district enter into 
a contract prior to June 1,1964, for the payment by the district of such 
deferred charges during the sixty-year repayment period provided 
by the repayment contract of June 8, 1950, with said district: Pro-
vided further^ That the Secretary of the Interior is authorized to 
defer all or any part of operation and maintenance charges due for the 
first one-half of calendar year 1965, as will be announced in a notice 
to be issued the district pursuant to article 8 of the repayment contract 
herein referred to, to the extent that he determines by June 1, 1964, 
that the water supply for 1964 is inadequate to meet project needs, 
such deferment without interest, to be contingent upon the Secretary 
and the district entering into a contract prior to December 1,1964, for 
the payment by the district of such deferred charges over the repay-
ment period provided by the repayment contract herein referred to. 
Appropriations heretofore or hereafter made for carrying on the func-
tions of the Bureau of Reclamation shall be available for operation 
and maintenance of the Eden project to the extent that funds for 
operation and maintenance are deferred hereunder and therefore are 
not advanced by the Eden Valley Irrigation and Drainage District. 
Approved March 26, 1964.