Reading Room Document
Authority of Federal Agencies to Investigate and Screen Non-Federal Employees Before Granting Them Access to Unclassified Information in Federal Computer Systems
This document discusses the authority of executive branch agencies to implement policies for screening non-Federal employees before granting them access to unclassified information in Federal computer systems. It concludes that Federal agencies have the authority to implement these policies by screening contractor employees in any reasonable manner, but such implementation must be consistent with due process of law. The document also presents the legal and constitutional limits to the exercise of this authority, citing specific court cases and statutes. The questions presented for review include the authority of executive branch agencies to implement the Transmittal Memorandum, the responsibility of the head of each executive agency to assure an adequate level of security for all agency computer data, and the application of due process principles in cases involving the exclusion of contractor employees.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit