Jul 15, 2008

Approval of Resolution to Exclude Access to Classified Information for a Regent

Meetings of The Regents of the University of California and its committees are scheduled for Tuesday, Wednesday and Thursday, July 15-17, 2008 at the University Center, Santa Barbara Campus. The meeting agendas and schedule are available here. Of particular interest to blog readers is the meeting of the Committee on Oversight of the Department of Energy Laboratories (agenda here and reprinted below).

Live audio Internet broadcasts of the open sessions are available during the open session meetings. Please use this link to connect to the audio streaming during the meeting: http://california.granicus.com/ViewPublisher.php?view_id=2

Does anyone know or care to guess why it is a UC function to revoke access to classified information?

*Date and Time Change*

Date: July 17, 2008
Time: 9:30 a.m.
Location: University Center, Santa Barbara Campus

Agenda – Open Session

Roll Call

Reading of Notice and Statement of Service Thereof

Action Approval of Minutes of Meeting of May 18, 2008

O1 Information Update on the Department of Energy Laboratories

O2 Information Update on Board of Governors Activities for Los Alamos National Security,
LLC and Lawrence Livermore National Security, LLC

O3 Action Approval of Resolution to Exclude Access to Classified
Information for a Regent

Committee Membership: Regents Pattiz, Varner, Marcus, Gould, Hotchkis, Shewmake, Schwarzenegger, Blum and Yudof; Advisory member Brown


Anonymous said...

Execution of exclusion resolutions for uncleared key management personnel of entities that hold a USG facility clearance is standard practice, required by National Industrial Security Policy and DOE Orders. As KMPs come and go, these resolutions will be executed to keep current, so that KMPs who do hold access authorizations (clearances) will be reminded of their responsibilities to protect classified information from uncleared personnel.

Anonymous said...

I would venture a guess on two fronts. First, to avoid the embarrassment of LANS / LLNS telling a regent "you don't have a need to know", let the regents set a rule that they aren't allowed to ask in the first place.

Second - this provides the Sgt. Shultz alibi when it hits the fan "I know nothing".

Darwin BondGraham said...

Yes, this is standard procedure for the board of Regents. The DOE Lab Oversight Comm. of the Regents plus the President and Chair of Regents (the "atomic trust" of UC as I.I. Rabi once called them) all automatically need to procure security clearances per the University's agreement with DoD (using the National Industrial Security Program Operating Manual that most other big weapons contractors use).

The resolutions they pass reaffirm this and also make particular exclusions as needed. Last year they excluded student Regent Ben Allen because of his dual citizenship with the UK. I'm not sure what this year's resolution involved, but it was probably similar. Minutes can be downloaded from www.universityofcalifornia.edu when the secretary posts them, probably in another few weeks?

Below I've pasted the 2007 vote on this very same resolution.



Office of the President



For Meeting of July 19, 2007



The President recommends that The Regents adopt the following resolution pertaining to the
University’s respective Department of Defense and Department of Energy Facility Security
Clearances, as follows:

WHEREAS, current Department of Defense and Department of Energy Regulations
contain a provision making it mandatory that the Chairman of the Board, Chief
Executive Officer, and those other officers and officials who are to have access to
classified information meet the personnel clearance requirements established for a
contractor's facility clearance; and

WHEREAS, said Regulations permit the exclusion from the personnel clearance
requirements of certain members of the Board of Regents, provided that this action is
recorded in the University Regents’ Board Minutes;

NOW, THEREFORE, BE IT DECLARED that the Chairman of the Board, at least an
official quorum of the Board of Regents, and the Chief Executive Officer at the
present time do possess, or will be processed for, the required security clearance; and

BE IT RESOLVED that in the future, when any individual enters upon any duties as
Chairman of the Board, as a replacement for one of the cleared quorum of the Board,
or as the Chief Executive Officer, such individual shall immediately make application
for the required security clearance; and

BE IT RESOLVED FURTHER that the following member of the Board of Regents
shall not require, shall not have, and shall be effectively excluded from access to all
classified information in the possession of the Corporation and does not occupy a
position that would enable him to affect adversely Corporate policies or practices in
the performance of classified contracts for the Department of Defense, U.S.
July 19, 2007

Department of Energy or contracts with other Federal User Agencies of the National
Industrial Security Program:

Benjamin Allen Regent


The University has security agreements with the U.S. Department of Defense (DOD) and the
U.S. Department of Energy (DOE) in connection with research performed by the University
involving classified national security information. Classified research undertaken by the
University is not performed on campus, but is carried out off-campus, often at military
installations. The University currently also has management and oversight responsibility for
weapons research and design work at the Lawrence Livermore National Laboratory through
September 30, 2007, after which the contract will change to the new contractor, Lawrence
Livermore National Security, LLC.

The University's security agreement with DOD incorporates the National Industrial Security
Program Operating Manual (NISPOM). The NISPOM which applies to the DOD, DOE and
other Federal User Agencies, provides that the Chief Executive Officer, the Chairman of the
Board of Regents, and at least a quorum of the Board of Regents have security clearances and
that all other Regents have clearances unless specifically excluded from access to classified
information in the possession of the University. The exclusion provision of the security
agreement further requires that the University, by formal action of the Board of Regents,
invoke such exclusion procedures designating the names of all Regents not in process for or
who are ineligible for DOD/DOE clearances, and that this action be made a matter of record
in the minutes of the Board.

Regent Allen is a dual citizen with the United Kingdom, and thus is not currently eligible for
security clearance. Consequently, he must be excluded from all matters or deliberations that
would affect corporate policies or practices followed in the performance of classified work
under contracts for the DOD, the DOE or other Federal User Agencies under the NISPOM.
Although he must be excluded from possession of classified matter and from other
deliberations, as specified above, Regent Allen, along with other uncleared guests, will be
allowed to visit the national security laboratories in accordance with procedures for uncleared
visitors. Therefore, in accordance with NISPOM procedures the proposed new resolution is
recommended for adoption by the Board of Regents for Regents not in process and/or not
eligible for a security clearance.

The proposed action is consistent with past resolutions.