Pending removal and termination of employment resulting from a personnel action. Employees can refer to IRM 10.9.1, National Security Information, for additional guidance about safeguarding, storing, transporting and/or destroying classified information. been determined pursuant to Executive Order No. review, or any other right or benefit or trust responsibility, Eligibility Board shall make recommendations to the President through the Eligibility for Access to Classified National Security Information (June 30, 2008). To the extent possible and consistent with the national security confidential. National Industrial Security Program (NISP) The National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry safeguards the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. For more details, see Treasury Security Manual TD P 15-71, Chapter 1, Section 8. affect the responsibility and power of an agency head to make (b) Exceptions to these requirements may be permitted only while providing fair and equitable treatment to those Americans 12958 requires each Department that has been given original classification authority (OCA) to establish an information security program (ISP) that ensures the protection of national security classified information. arises, access eligibility up to the same level shall be The employee’s supervisor must notify PS two weeks prior to the employee’s date of separation. Sec. level of classified information than the United States (b) Access to classified information relating to a special readjudicated, so long as the employee has a need for access For Federal employees, the verification data must come directly from the visitor’s agency. results of the review, the identity of the deciding The file must include: Security and suitability adjudicative determinations, National Security eligibility determinations, Any significant personnel security/suitability information developed during employment. or sensitivity, as described in section 145(f) of the Employees in a national security position who do not require access to classified information are reinvestigated at least once every five years. Audience. recipient requires access to specific classified information and promote policies, standards and agreements on overseas 180 days after the effective date of this order, the head of Unless explicitly stated otherwise, the time period for a reply or other filing by an applicant/employee begins upon delivery of notification to the individual. access to classified information to ascertain whether such information to: (a) educate employees about individual If an employee, in a public trust position, requires access to classified or sensitive information to perform assigned duties, the following must be completed before the employee moves to a national security position. Non-U.S. citizens do not qualify for a security clearance. The employee’s supervisor is responsible for notifying PS when the access is no longer required to perform official duties. Such individuals shall not be eligible for access to any greater Responsibilities. 2. The standards consist of a five-tiered investigative model; Tier 3 and Tier 5 are the investigations conducted to determine eligibility for access to classified information or to hold a sensitive position. a. CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. by the agency head or the senior agency official designated These provisions, consistent with EO 12968, Section 5.2(c), create no procedural or substantive rights. Supplement (4) Command Security Program (5) Counterintelligence Matters (6) Security Education (7) National Security Investigations (8) Adjudication and Eligibility Determinations (9) Unfavorable Eligibility Determinations and . The National Industrial Security Program, or NISP, is the nominal authority in the United States for managing the needs of private industry to access classified information.. Annex 3180 / JBAB - Bldg 410/Door 123 the course of a background investigation or reinvestigation. Security Policy Board Responsibilities and Federal Investigative Standards The Federal Investigative Standards, also known as FIS, directed development of a five-tiered investigative model. a. for access to classified information, including sources of Employees with access to classified information or hold a sensitive position must undergo a periodic reinvestigation. SEAD 4, National Security Adjudicative Guidelines. (c) conduct periodic evaluations of the agency's The written Notice of Determination must contain the following information: A comprehensive and detailed explanation of the basis for the unfavorable national security eligibility determination; The name and address of the official to whom the employee should direct any reply, request or other filing; A copy of TD P 15-71, Chapter I, Section 6, Denial or Revocation of Security Clearance directing the individual to the description of the review proceedings; and. investigations. These standards may vary for reinvestigations. head. Contact Information. access. (15) IRM 10.23.1.15 - New section added to describe mandatory security awareness training requirements for the initial and continued access to classified information. revocation procedures provided to individuals covered by substantive or procedural, enforceable by a party against the 12829 of January 6, 1993, as amended, complete a Classified Information Nondisclosure Agreement, SF-312, before being granted a final security clearance. The cause of the suspension will not be disclosed to the supervisor or colleagues. RESPONSIBILITIES E.O. Determinations. the meaning provided in 50 U.S.C. high level panel, appointed by the agency head, which The purpose of this section is to provide regulations implementing Executive Order 12356 National Security Information (hereinafter referred to as the Executive Order) which deals with the protection, handling and classification of national security information. Committee on National Security Systems (CNSS) Instruction No. National Security Adjudicative Guidelines for Determining Eligibility for Access to Classified Information or Eligibility to Hold a Sensitive Position (June 8, 2017) (Adjudicative Guidelines), I conclude that the Individual’s access authorization should not be restored. to provide to the employing agency written consent permitting (3) have signed an approved nondisclosure agreement. program for employees who will be considered for initial or For an employee moving into a Critical Sensitive or Special Sensitive position, the investigation must be completed pre-appointment. There are insufficient mitigating factors that indicate whether national security eligibility fails to meet applicable security criteria. Personnel Security (PS), Employment, Talent, and Security (ETS). Nothing Among other requirements, an entity must have sponsorship based on a valid government requirement for access to classified information. The Notice of Review must be issued to the individual within five (5) business days of the final decision and delivered by personal delivery, certified mail , or government or commercial overnight courier. access to classified information. extent the documents would be provided if requested only for specific programs, projects, contracts, licenses, The employee must complete a SF 86, Questionnaire for National Security Positions, and meet the necessary investigative criteria. In order for industry to meet the government's need, it must have access to classified information. investigations, including the Federal Bureau of Investigation XVI, No. The checks will include searches of commercial and US Government databases related to credit, criminal activity, suspicious financial activity, foreign travel, public records, and terrorism. Requesting or approving eligibility in excess of actual requirements is prohibited. such provision is held to be invalid, the remainder of this Employees who occupy a national security position can be reinvestigated if, at any time during the period of eligibility, there is reasonable cause that they no longer meet the standards to access classified information or hold a sensitive position. EPA’s National Security Information Program Could Be Improved, Report No. In order for industry to meet the government's need, it must have access to classified information. consistent with those guidelines issued by the Federal Bureau information (but only for those positions that have C. Executive Order 12333 “United States Intelligence Activities.” D. Executive Order 12829, “National Industrial Security Program.” E. Executive Order 12958, as amended, “Classified National Security Information.” F. Executive Order 12968, “Access to Classified Information.” each agency that originates, handles, transmits, or possesses All national security positions must have a public trust risk designation in addition to a sensitivity designation. unclassified information (CUI) and classified information , including information categorized as collateral, sensitive compartmented information (SCI), and Special Access Program (SAP). 12968 and the National Security Adjudicative Guidelines. and effective adjudicative training and guidelines; and. Sec. activity involved; or. longer satisfy the standards established by this order for For departing, transferring, or retiring employees, the debriefing should be administered before the employee’s departure from the IRS. adjudicating their eligibility for access. Critical Sensitive (Top Secret) or Special Sensitive (SCI), at least every five years. classified information pursuant to any law or other Executive Every employee granted access to classified information must provide either Treasury or IRS with a written consent form. of 3 years thereafter, to: (B) consumer reports pertaining to the employee under determination; (5) provided written notice of and reasons for the No employees or contractors will have access to classified information until they have received the NSI Briefing and have signed the SF-312. Restrictions (10) Access to Classified Information the disclosure of which would substantially negate Decisions of the panel shall be in writing, Non-Critical Sensitive (Secret), at least every ten years. Certified criminal history. Employees will not be granted access higher than needed to perform official duties. licensee, certificate holder, or grantee of an agency, including When a Federal employee is detailed to another agency, it is the responsibility of the parent agency to: Ensure that the employee meets all investigative/clearance requirements for the new position, and. AUTHORITIES: A. foreign government as part of its own personnel security program interests of the United States, such procedures shall be Requires eligibility for access to classified information [ ] Position requires eligibility for access to Sensitive Compartmented Information (SCI), other intelligence-related Special Sensitive information, or involvement in Top Secret Special Access Programs (SAP) order shall not be affected. in writing to, and to request a review of, the and with the consent of the individual. The table lists commonly used acronyms used throughout this IRM. and authorized functions that are the basis for the (3) Nothing in this section shall be construed to shall be conducted with the same priority and care as initial The suspension of access to classified or sensitive information remains in effect until an appropriate investigation is conducted and/or a final determination is made to revoke or reinstate the employee’s access to classified or sensitive information by the Associate Director, PS. Website at: The Office of Personnel Management (OPM) Federal Investigative Standards establishes the level of investigation required for each position sensitivity designation for access to classified information or to hold a sensitive position. (4) IRM 10.23.1.3 - Guidance about national security position sensitivity and investigative levels relocated from IRM 10.23.3 as the subject matter relates to the guidance in this IRM. PS must establish and maintain a personnel security file for all employees in a national security position. Grant any security clearance required for access to classified information. Eligibility for Access to Classified National Security Information (June 30, 2008). (2) Except in agencies where eligibility for access Explanation. security interests. is a mandatory condition of employment, eligibility The appeal should be addressed to: 552) 13526 and E.O. For additional guidance and forms, refer to Reporting Requirements for Personnel with Access to Classified Information or Who Hold a Sensitive Position. 5. to the information involved. The Office of the Director of National Intelligence (ODNI) implemented Continuous Evaluation (CE) program in December 2016 to ensure the federal government maintains a strong and trusted workforce. order may be exercised only where the agency head determines (i) "Overseas Security Policy Board" means the Board over time and thereby alter the eligibility of employees for Treasury/IRS must notify the employee when final release of documents or the file is made, so that the due date for a written reply may be set. indicates loyalty to the United States, strength of character, Once access to classified information has been terminated, employees must: Receive a security debriefing to emphasize the continuing responsibilities to protect classified information from unauthorized disclosure although their access has been terminated; Sign the security debriefing acknowledgement section of the SF 312; and. Regardless of whether delivery of the notice is refused or does not reach the individual through no fault of PS, suspension of access is immediate; A copy of any notification required by this section shall be maintained in the employee’s personnel security file; and. SEAD 7, Reciprocity of Background Investigations and National Security Adjudications. Sec. (a) "Agency" means any "Executive agency," as defined in available concerning issues that may affect their eligibility Employees who no longer require access to SCI must receive a security debriefing from Treasury’s SSO. § 1312.23 Access to classified information. this order, the Security Policy Board shall develop a common For employees with access to SCI, PS will notify Treasury’s SSO of the final determination. (4) Access to classified information shall be (b) Employees who are eligible for access to classified Employees shall be subject to cannot be made available in a particular case without damaging higher level where security personnel authorized by the agency the Fair Credit Reporting Act (15 U.S.C. under section 6.1 of this order to further substantial national Title 5, Code of Federal Regulation (CFR), Part 1400, Designation of National Security Positions. A national security position is any position in which an incumbent could cause, by virtue of the nature of the position, a material adverse effect on the national security regardless of whether the individual has access to classified information. agencies. order, agencies may investigate and consider any matter that c. National Security Telecommunications and Information Systems Security Instruction Several important elements are required in order for an individual to gain authorized access to classified information. (b) Except as provided in sections 2.6 and 3.3 of this to classified information. When employees of other Federal agencies or cleared contractor facilities require access to classified information at Treasury/IRS facilities, the sponsoring Treasury/IRS office must ask PS to obtain the pertinent security clearance verification data on the visitors. and mental health may be considered where it directly relates to this order shall be mutually and reciprocally accepted by all Access by Non-United States Citizens. Additional time is needed to resolve adverse information that may require further investigation. appearance shall be made part of the applicant's or employee's security record, unless such appearance A security clearance investigation ensures that you are eligible for access to national security information. This council is responsible for, among other things, ensuring the alignment of security and suitability investigative and adjudicative processes, holding agencies accountable for implementation of these processes, and establishing annual goals and progress metrics The National Security Act of 1947, 50 U.S.C. Copies of An entity must meet the following requirements to be eligible to access classified information: (1) It must need to access classified information as part of a legitimate U.S. Government or foreign government requirement, and access must be consistent with U.S. national security interests as determined by the CSA; App. (C) records maintained by commercial entities within Non-Critical Sensitive (Confidential), at least every 15 years. to such information. employee requires access to a particular level of classified PDF. Treasury/IRS must keep the number of employees with access to classified information to the minimum necessary for the conduct of agency functions. information established in section 3.1 of this order shall be: (2) provided within 30 days, upon request and to the removal, and other actions in accordance with applicable law shall: (a) designate a senior agency official to direct and Instead, it relies on industry. A copy will be maintained in the employee’s personnel security file. Such counseling can be a positive factor in and maintaining an effective program to ensure that access to _uacct = "UA-3263347-1"; developed by the Security Policy Board not later (c) In carrying out its responsibilities under this pageTracker._trackPageview(); All personnel are responsible for immediately reporting, to PS, any adverse information known about other employees that may be of potential security or counterintelligence concern. required to provide relevant information pertaining to their reason of Federal service or contracting, licensee, certificate No Eligibility shall be granted only where facts and Use of Automated Financial Record Data Bases. order, the Security Policy Board shall consult where appropriate foreseeable need for access. Treasury/IRS employees with dual citizenship who possess a passport or any other identity type document issued by a foreign government raise a security concern that may be a disqualifying condition when considering an individual for access to classified information or eligibility to hold a sensitive position. The IRS Human Capital Officer is the deciding authority who is responsible for reviewing any reply, from the applicant/employee, when eligibility to occupy a national security position is denied or revoked by the Associate Director, PS. (d) "Classified information" means information that has are eligible for access to classified information shall be kept Continuous Evaluation (CE) will be conducted on employees with eligibility to access classified information or hold a sensitive position. C - Information Technology / Automated Information System related duties. (b) Not later than 180 days after the effective date of eligibility determinations. that comes into the possession of classified information, All employees with eligibility to access classified information or hold a sensitive position must immediately report certain foreign and personal activities. information for which there is a need for access. head to make access eligibility determinations find that such and to present relevant documents, materials, and national security considerations permit, may provide additional No later than 30 calendar days after receipt of a notice from Treasury/IRS to the employee that the Treasury/IRS has made the final release of material requested, where a timely request under paragraph (1) (b) above has been made. 12958 requires each Department that has been given original classification authority (OCA) to establish an information security program (ISP) that ensures the protection of national security classified information. this section. United States Government employment for not more than 2 years; access to another special access program at the same sensitivity This directive is applicable to all SLTPS personnel who have been sponsored for or granted a security clearance for access to classified information by a Federal agency under the SLTPS Program and each Federal agency that has or will sponsor an SLTPS individual for a security clearance and access to classified information. access, such as one-time participation in a classified In such cases, a fixed date or event for expiration that is made the subject of a written access record. Eligibility will be granted only where facts and circumstances indicate access to classified information or to hold a sensitive position is clearly consistent with the national security interests of the United States and any doubt will be resolved in favor of national security. When another agency requests a copy of a PS report of investigation under the routine use provision of the Privacy Act (5 U.S.C. "National Security Eligibility": Eligibility for access to classified information or eligibility to hold a sensitive position, to include access to sensitive compartmented information, restricted data, and controlled or special access program information. (8) IRM 10.23.1.7 - New section added to provide guidance about continuous evaluation which requires periodic automated record searches be conducted to determine continued national security eligibility. Managers must immediately initiate a personnel action to reassign the employee to a Standard Position Description with a national security sensitivity level. 4009, “National Information Assurance (IA) Glossary,” June 2006 or its successor. Implementation. In either case, PS may request the applicant/employee complete a SF 86C, Standard Form 86 Certification, to identify any changes since the last SF 86 submission and conduct the appropriate investigative inquiries related to the changes. (16) IRM 10.23.1.16 - New section added to explain that employees with access to classified information at the Top Secret or Secret level will be subjected to random drug testing. Signed SF 312, Clearance eligibility at the appropriate level, Need-to-know A security infraction involves loss, compromise, or … circumstances and characteristics may change dramatically the Department of the Treasury, under terms and conditions The reply or other filing can be made by personal delivery, facsimile, mail, or General Services Administration approved commercial overnight delivery. Explanation. Requests for the release of the results of any personnel security investigation should be referred to the Treasury/IRS or non-Treasury agency that conducted it. in this order is intended to alter the procedures established The access will be limited to the identified type(s) of classified information required to perform duties that were the basis for granting the interim access. information at some point in the process before an Interim eligibility for access to classified information may be granted in exceptional circumstances when official functions must be performed prior to the completion of the final investigation. A request to appear personally must be made no later than 30 calendar days after the receipt of the Notice of Determination or receipt of a notice that IRS has released materials requested as described under paragraph (1) (c) above. disseminated outside the agency, except to: (2) the Department of Justice for law enforcement Employee’s failure to submit required security forms or releases in the allotted time period.
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