DOE M 472.1-1, Personnel Security Manual
Functional areas: Personnel Security, Safeguards, Security, and Emergency Management, Work Processes
This Manual provides detailed requirements and procedures to supplement DOE O 472.1B, Personnel Security Activities, which establishes the overall objectives, requirements, and responsibilities for implementation and operation of the Personnel Security Program and the Personnel Security Assurance Program in the Department of Energy (DOE). This Manual addresses only the Personnel Security
Program.
Superseded By:
DOE M 472.1-1A, Personnel Security Program Manual on Nov 16, 2000
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE M 472.1-1APersonnel Security Program Manual (Nov 16, 2000)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DOE M 472.1-1, PERSONNEL SECURITY MANUAL, dated 5-22-98, had 2
typographical errors and has been replaced on the Directives Site-Explorer.
Destroy all copies printed from Explorer prior to 6-1-98 and use the
attached version.
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DOE M 472.1-1
Approved: 5-22-98
Sunset Review: 5-22-00
Expires: 5-22-02
PERSONNEL SECURITY
PROGRAM
MANUAL
U.S. DEPARTMENT OF ENERGY
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Safeguards
And Security
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Information
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DOE M 472.1-1 i (and ii)
5-22-98
PERSONNEL SECURITY PROGRAM MANUAL
1. PURPOSE. This Manual provides detailed requirements and procedures to supplement
DOE O 472.1B, PERSONNEL SECURITY ACTIVITIES, which establishes the overall
objectives, requirements, and responsibilities for implementation and operation of the
Personnel Security Program and the Personnel Security Assurance Program in the
Department of Energy (DOE). This Manual addresses only the Personnel Security
Program. It is intended for use by DOE employees responsible for personnel security
activities.
The Contractor Requirements Document (Attachment 1 to DOE O 472.1B) establishes
Personnel Security Program requirements for DOE contractors and stipulates that specific
requirements or guidance may also be issued by the cognizant DOE office; that is, the
local DOE Operations, Field, or Naval Reactors Office. The Contractor Requirements
Document is the DOE equivalent of those portions of the National Industrial Security
Program Operating Manual, DOD 5220.22M (January 1995) that address personnel
clearances.
2. DEVIATIONS. Requests for deviations from requirements in this Manual shall be
processed in accordance with DOE O 470.1, SAFEGUARDS AND SECURITY
PROGRAM. Deviations from the requirements and procedures in Title 10,
Code of Federal Regulations, Part 710 (10 CFR 710) shall not be approved. Waivers of
preappointment investigations shall be processed in accordance with Title 5, Code of
Federal Regulations, Parts 732 and 736.
3. CONTACT. Questions should be addressed to the DOE Personnel Security Program
Manager, (301) 903-6637, or the DOE senior personnel security official at the cognizant
DOE office.
4. CANCELLATION. Chapters I-IX of DOE 5631.2C, PERSONNEL SECURITY
PROGRAM, 9-15-92, are canceled. (The rest of DOE 5631.2C was previously canceled.)
Cancellation of an Order does not, by itself, modify or otherwise affect any contractual
obligation to comply with such an Order. Canceled Orders incorporated by reference in
a contract shall remain in effect until the contract is modified.
BY ORDER OF THE SECRETARY OF ENERGY:
ARCHER L. DURHAM
Assistant Secretary for
Human Resources and Administration
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DOE M 472.1-1 iii
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CONTENTS
CHAPTER I, ACCESS AUTHORIZATION REQUESTS
1. Access Authorization Need Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
2. Access Authorization Type Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
Section 2
a. Q and L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
b. QX and LX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
c. QB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
3. Other Federal Department or Agency Employees and Legislative and Judicial Branch
Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
4. Approval for Special Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
5. Required Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-3
CHAPTER II, NATIONAL AGENCY CHECK AND BACKGROUND
INVESTIGATION REQUESTS AND PROCESS
1. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
2. Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
a. Federal Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
b. Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
3. Reciprocity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
4. Additional Requirements for Contractor Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
5. Investigative Requirements for Access Authorizations . . . . . . . . . . . . . . . . . . . . . . . . . II-3
a. Q Designated a “Position of a High Degree of Importance or Sensitivity” . . . . II-3
b. Q, QL, or QX Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
c. QB Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
d. L and LX Access Authorizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
6. Prescreening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
7. Personnel Security File Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-5
8. Processing Forms Used to Request Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-5
9. Other Federal Agency Requests for DOE Access Authorizations . . . . . . . . . . . . . . . . . II-6
a. DOD and NASA Personnel Assigned to the Department . . . . . . . . . . . . . . . . . II-6
b. DOD and NASA Personnel Assigned to other Agencies . . . . . . . . . . . . . . . . . . II-6
10. DOE and DOE Contractor Personnel Assigned to DOD or NASA . . . . . . . . . . . . . . . . II-7
11. Additional Requirements for Cases Involving Foreign Residence or Naturalized U.S.
Citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
12. Transmittal of Completed Investigative Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
13. Cancellation of Requests for Access Authorization or Investigation . . . . . . . . . . . . . . II-7
14. Types of Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
Section 3
a. Single Scope Background Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
b. Single Scope Background Investigation-Periodic Reinvestigation . . . . . . . . . . II-8
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CONTENTS (continued)
c. National Agency Check with Law and Credit . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
d. Access National Agency Check and Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
e. Upgrading an Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
f. Background Investigations by Other Federal Agencies . . . . . . . . . . . . . . . . . . . II-9
15. Incomplete Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-9
16. Investigation Requests for Individuals Transferred to Positions
of a High Degree of Importance or Sensitivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-9
17. Access Authorization Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-10
18. Reinitiation of Cases Administratively Terminated under 10 CFR 710.6 . . . . . . . . . . II-10
19. DOE Custody of Personnel Security Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-10
20. Individuals Seeking Access or Amendment to Their Personnel Security File . . . . . . II-11
21. Notification of Access Authorization Determination . . . . . . . . . . . . . . . . . . . . . . . . . II-11
22. Contents and Arrangement of Data in Personnel Security Files . . . . . . . . . . . . . . . . . II-12
ATTACHMENT II-1, ADDITIONAL INFORMATION FOR CASES
INVOLVING FOREIGN RESIDENCE OR CITIZENSHIP . . . . . . . . . . . . . . . . . . . II-13
CHAPTER III, INVESTIGATIVE RESULTS PROCESS AND ACCESS AUTHORIZATION
DETERMINATIONS
1. Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
a. Background Investigations (Initial Investigations or Reinvestigations) . . . . . III-1
b. National Agency Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
2. Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
3. Referral of Case for Review and Advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-2
4. Actions Authorized by Office of Safeguards and Security . . . . . . . . . . . . . . . . . . . . . III-2
5. Personnel Security Interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-3
6. Letters of Interrogatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-3
7. Additional Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-3
8. Drug Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-3
9. Cases Involving Mental Illness or Mental Condition . . . . . . . . . . . . . . . . . . . . . . . . . III-3
10. Time Elements in Processing Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-4
11. Employer Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-5
12. Suitability Determinations for Federal Employees and Referrals to
Servicing Personnel Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-7
Section 4
a. DOE Employees and applicants for DOE Employment . . . . . . . . . . . . . . . . . III-7
b. Other Federal Agency Employees and Consultants . . . . . . . . . . . . . . . . . . . . . III-7
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CONTENTS (continued)
CHAPTER IV, INTERIM ACCESS AUTHORIZATIONS AND WAIVERS OF
PREAPPOINTMENT BACKGROUND INVESTIGATIONS
1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
2. Interim Access Authorization to Classified Matter or SNM . . . . . . . . . . . . . . . . . . . . IV-1
3. Waivers of Preappointment Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-2
4. Standards and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-2
CHAPTER V, DATA ON SPOUSES AND COHABITANTS
1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
2. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
a. Cleared Individuals Who Marry or Cohabitate . . . . . . . . . . . . . . . . . . . . . . . . V-1
b. Name Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
CHAPTER VI, ACCESS AUTHORIZATIONS FOR FOREIGN NATIONALS, DUAL
CITIZENS, AND NATURALIZED U.S. CITIZENS
1. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
2. Foreign Nationals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-2
a. DOE Field Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-2
b. Director of Safeguards and Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-3
3. Dual Citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-4
a. Renunciation of the Citizenship in the Other Country . . . . . . . . . . . . . . . . . . . VI-4
b. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-4
4. Naturalized U.S. Citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-4
CHAPTER VII, EXTENSIONS, TRANSFERS, TERMINATIONS, AND REINSTATEMENTS
OF ACCESS AUTHORIZATIONS
1. Extensions and Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
2. Terminations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-2
a. Causes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-3
b. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-3
c. Transfers of Personnel Security Files of Terminated Cases . . . . . . . . . . . . . VII-4
3. Reinstatements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-4
4. Transmittal of Personnel Security Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-5
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CONTENTS (continued)
CHAPTER VIII, REINVESTIGATION PROGRAM
Section 5
1. Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
2. Reevaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
3. Individual Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
4. Reinvestigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
a. Review of Continued Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
b. Type of Reinvestigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
c. Scheduling Reinvestigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
d. Evaluation Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
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DOE M 472.1-1 I-1
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CHAPTER I
ACCESS AUTHORIZATION REQUESTS
1. ACCESS AUTHORIZATION NEED DETERMINATION. A request for an access
authorization shall be submitted only after a determination has been made that the duties
of the position require access to classified matter and/or special nuclear materials (SNM).
Access authorizations shall not be requested to alleviate individual or management
responsibilities for properly protecting classified information or controlling dissemination
of such classified information on a need-to-know basis. DOE has a single access
authorization program for DOE contractor and subcontractor employees, consultants, and
access permittees. The Contractor Requirements Document for DOE O 472.1B sets forth
Personnel Security Program requirements for DOE contractors.
2. ACCESS AUTHORIZATION TYPE DETERMINATION. The type of access
authorization requested is determined after a review of the type and level of classified
matter and/or SNM for which the individual requires access to perform the official duties
of his/her assigned position. For additional information regarding access to SNM, refer to
DOE O 472.1B, Attachment 3. An authorization granted for access to SNM also allows
access to the appropriate categories/levels of classified matter on a need-to-know basis.
To meet the requirements of the National Industrial Security Program Operating Manual
(NISPOM), a contractor Facility Security Officer and key management personnel must
possess access authorizations equivalent with the level of the facility clearance (for
information on facility clearances see DOE O 470.1, Chapter V.). There are five types of
access authorization: Q, L, QX, LX, and QB. Determination of the type of access
authorization shall be certified in writing by the requester to the Director of Safeguards
and Security, NN-51 (for Headquarters cases), or to the appropriate Field Element
Manager.
a. Q and L The types of access authorizations (Q and L) and the levels of
classified matter and categories of SNM for which each type
allows access are described in Attachments 2 and 3 of DOE O
472.1B.
b. QX and LX Access authorization types QX and LX are granted to individuals
employed by a DOE access permittee. QX is for access to Secret
and/or Confidential Restricted Data and LX is for access to
Confidential Restricted Data. Information regarding the DOE
access permit program is found in Title 10, Code of Federal
Regulations Part 725.
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Section 6
c. QB A QB access authorization is granted by the Director of Security
Affairs to certain Executive, Legislative, and Judicial Branch
officials and elected state officials, in accordance with Section
145b of the Atomic Energy Act of 1954, as amended. A QB access
authorization allows the individual the same access as a Q access
authorization.
3. OTHER FEDERAL DEPARTMENT OR AGENCY EMPLOYEES AND
LEGISLATIVE AND JUDICIAL BRANCH EMPLOYEES. Until the Department has
determined that such access will not endanger the common defense and security, DOE
shall withhold access to classified matter or SNM under DOE responsibility from
employees of other Federal departments or agencies and Legislative and Judicial Branch
employees. Unless the Secretary or the Secretary’s designee authorizes such action as
clearly consistent with the national security, this determination shall be based on an
investigation and report by the Office of Personnel Management (OPM), the Federal
Bureau of Investigation (FBI), or other Government agency that conducts personnel
security investigations. Access to Restricted Data shall not be allowed unless a security
clearance has been granted to the individual based on the investigation and report.
4. APPROVAL FOR SPECIAL PROGRAMS. Within DOE, several categories of
classified information require, in addition to an access authorization, programmatic
approval before access to the information is authorized. These categories include:
• Sensitive Compartmented Information (SCI), which must be approved by the
DOE Senior Intelligence Officer, or his or her designated representative within the
Office of Energy Intelligence;
• Weapon Data, which requires approval from the Office of Defense Programs;
• NATO information, which must be approved by the Office of Environment,
Safety and Health; and
• CRYPTO and COMSEC, which must be approved by the Office of Human
Resources and Administration.
For further information regarding these programs, the relevant office should be contacted.
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5. REQUIRED DOCUMENTATION. Each request for an access authorization shall
include the following information:
a. the type of access authorization required for the position,
b. justification for the type of access authorization requested, and
c. the correct and completed forms as described in this Manual, Chapter II,
Paragraph 2, unless the individual will be processed under the reciprocity process
described in this Manual, Chapter II, Paragraph 3, or the reinstatement process
described in Chapter VII, Section 3.
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CHAPTER II
NATIONAL AGENCY CHECK AND BACKGROUND INVESTIGATION
REQUESTS AND PROCESS
1. SCOPE. This chapter covers the procedures for initiating and processing requests for
National Agency Checks required for L access authorizations and background
investigations required for Q access authorizations.
2. FORMS. The following forms are required to process a request for an access
authorization.
a. Federal Employees.
(1) Standard Form 86 (SF-86), Questionnaire for National Security Positions.
(2) Standard Form 87 (SF-87), Fingerprint Card.
(3) Either Standard Form 171 (SF-171), Application for Federal Employment;
Optional Form 612 (OF-612), Optional Application for Federal
Employment; or a resume. If the individual submits an OF-612 or a
resume, an Optional Form 306 (OF-306), Declaration for Federal
Employment, must also be submitted.
Section 7
(4) DOE F 5631.18, Security Acknowledgment.
b. Others. All other individuals, including contractors, subcontractors, consultants,
and access permittees, shall submit an SF-86, FD-258 (Fingerprint Card), and
DOE F 5631.18 to obtain an access authorization.
3. RECIPROCITY. As a basis for granting an access authorization, DOE will accept signed
verification that the applicant currently has a security clearance and/or SCI access
approval granted by another Federal agency, provided the investigative basis for the
previous security clearance/SCI access approval meets the scope of the investigation
required for the DOE access authorization. In addition, if the access authorization to be
granted is a Q, the investigation must have been completed or updated within the past 5
years. If the access authorization to be granted is an L, the investigation must have been
completed or updated within the past 10 years. The scope for a Q access authorization is
either a Single Scope Background Investigation (SSBI), or for cases initially processed
prior to February 1992, a background investigation. The scope for an L access
authorization is, for cases initially processed prior to October 1997, a National Agency
Check with Credit. For cases initially processed after October 1997, the scope is a
National Agency Check ( NACLC) with Law and Credit for non-federal employees and
an Access National Agency Check and Inquiries (ANACI) for federal employees.
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Until March 1997, the Federal Government did not have a defined investigative scope for
reinvestigations, so each Federal agency established its own scope for periodic
reinvestigations. Therefore, if the previous security clearance/SCI access approval is
based on a reinvestigation, the local Personnel Security Program manager must exercise
judgment and latitude to determine if the reinvestigation used by the other Federal agency
is acceptable.
a. The following steps shall be taken to grant a reciprocal access authorization.
(1) Obtain verification of the date and basis of the security clearance/SCI
access approval and the individual’s date and place of birth and citizenship
from the Federal agency that granted the security clearance and/or SCI
approval. The verification may be in writing or may be transmitted
electronically.
(2) Obtain either a newly completed SF-86 or a copy of the most recently
completed security questionnaire (SF-86, DD 398, or equivalent). A copy
of a previously completed questionnaire may be submitted by the
individual or the Federal agency that granted the security clearance and/or
SCI approval. If the form does not come directly from the Federal agency
where the individual holds security clearance, the individual must update,
re-sign, and redate it.
(3) Have the individual read and sign DOE F 5631.18, Security
Acknowledgment.
(4) Grant an access authorization unless the individual is not a U.S. citizen, is
a dual citizen, or DOE has an unresolved security concern. Any issues
occurring after completion of the last investigation are considered
unresolved unless the original agency has provided specific information
indicating that such issues were favorably resolved. If security issues
develop that require further adjudication, the appropriate action(s) should
be initiated. This may involve delaying the DOE access authorization
action until receipt of the copy of the previous investigation. If it is clear
that the issues of security concern were addressed and resolved by the
original agency, those issues should not be adjudicated further.
Section 8
b. After a DOE access authorization is granted, a copy of the investigation(s) the
original agency used as the basis for granting the security clearance and/or SCI
access approval shall be obtained. Upon receipt, if action is needed to resolve
issues that were not resolved by the original agency, such action shall be initiated.
If the documentation regarding the previously conducted NACC, NACLC, or
ANACI does not contain the actual results of the searches conducted, a new
NACLC or ANACI may be requested.
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4. ADDITIONAL REQUIREMENTS FOR CONTRACTOR REQUESTS.
a. The DOE contract or subcontract number under which the access authorization is
requested must be indicated.
b. Certification of the individual’s U.S. citizenship must be provided (see DOE O
472.1B, Attachment 1, Paragraph 3b, for details).
c. Requests for employees of management and operating contractors and other
contractors managing DOE-owned facilities must be accompanied by
preemployment checks required by
48 CFR 970.2201(b)(1)(ii).
d. A contractor may submit access authorization requests to DOE for processing
while a Foreign Ownership, Control, or Influence (FOCI) determination is
pending (see DOE O 470.1, Chapter VI, “FOCI Program”). However, a favorable
FOCI determination must be rendered by DOE and the facility code must be
registered on the Safeguards and Security Information Management System
(SSIMS) before an access authorization can be granted, reinstated, continued,
extended, or transferred for any of the contractor’s employees or applicants for
employment.
5. INVESTIGATIVE REQUIREMENTS FOR ACCESS AUTHORIZATIONS. The
following types of investigation are required for the type of access authorization shown.
a. Q Designated a “Position of a High Degree of Importance or Sensitivity.” An
SSBI conducted by the FBI. A listing of these positions is contained in
Attachment 4 to DOE O 472.1B.
b. Q, QL, and QX. An SSBI conducted by OPM. When a QL is requested, the
National Agency Check with Credit portion is usually returned in advance of the
background investigation, and an L access authorization can be granted if
appropriate, pending completion and review of the SSBI. These types of access
authorization may also be based upon a background investigation by a Federal
agency other than the FBI or OPM, provided the existing investigation meets the
scope and extent of the required investigation, and the investigation was
conducted, or updated by reinvestigation, within the past 5 years.
c. QB. No investigation required. The QB access authorization is granted by the
Director of Security Affairs, pursuant to Section 145b of the Atomic Energy Act
of 1954, as amended, when such action has been determined to be clearly
consistent with the national interest. This authority cannot be redelegated. A QB
access authorization precludes the need for a background investigation and shall
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not be requested when an interim access authorization is appropriate or when an
investigative report exists that may be used as a basis for an access authorization.
d. L and LX. For Federal employees, an Access National Agency Check and
Inquiries (ANACI); for all other individuals, a National Agency Check with Law
and Credit (NACLC).
6. PRESCREENING. Each personnel security case shall be prescreened by the processing
DOE personnel security office to ensure the following.
Section 9
a. All information, including proper forms for a full and timely investigation, is
made available to the investigative agency. (Alterations to the printed content of
the required forms shall not be accepted and should be returned to the individual.)
b. Omissions or discrepancies on the SF-86 or other forms have been corrected.
c. The individual has provided the required explanation to any “YES” answer to
Items 19 through 30 on the SF-86.
d. The individual has provided a social security number and place of birth for each
individual listed after Question 14 of the SF-86 who is coded “19”, as being, “an
adult living with you.”
e. The proper justification for the need for access authorization has been provided by
the sponsoring entity.
f. Requests for employees of management and operating contractors and other
contractors managing DOE-owned facilities are accompanied by the
preemployment checks required by 48 CFR 970.2201(b)(1)(ii), and all contractor
requests are accompanied by a certification of the individual’s U.S. citizenship.
(See DOE O 0472.1B, Attachment 1, Contractor Requirements Document.)
g. An individual previously granted a DOE access authorization that can be
reinstated, transferred, or extended is identified.
h. Current investigative reports that DOE can obtain and use as a basis for
determining the individual’s access authorization eligibility are identified.
i. An individual concurrently being processed for access authorization or security
clearance by another Federal agency is identified.
j. A foreign national or dual citizen requiring Secretarial Officer approval prior to
processing for investigation is identified. (See Chapter VI.)
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k. An individual for whom the SF-86 discloses derogatory information, necessitating
a higher level of investigation than would normally be required, is identified.
l. An individual for whom citizenship issues are raised which will require additional
action prior to submission for investigation is identified.
7. PERSONNEL SECURITY FILE (PSF) NUMBERS. The appropriate security office
shall consecutively assign PSF numbers as individuals are initially processed for any type
of DOE access authorization. The PSF number shall be used to identify that individual’s
file, regardless of the location of that PSF.
8. PROCESSING FORMS USED TO REQUEST INVESTIGATIONS.
a. The SF-86 shall be used for all investigation requests submitted to OPM or the
FBI. A copy of the completed SF-86 shall be retained by the DOE security office
submitting the request. No more than 120 days may elapse between the date of
execution of the certification on Page 9 of the form and the date the form is
received by the investigative agency. Forms that are more than 120 days old, or
that would exceed 120 days by the time the form can be transmitted and received
by the investigative agency, must be returned to the individual for updating and
re-signing unless an appropriately executed FIPC 391, Certification of Amended
Investigated Form, is completed. FIPC stands for Federal Investigations
Processing Center.
b. The SF-87, Fingerprint Card, shall be used to process investigations of Federal
employees. In all other cases, the FD-258, Fingerprint Card, shall be used. The
DOE PSF number should be inserted in the “Number” space on the FD-258 and
below the “Title and Address” section of the SF-87. The type of access
authorization requested can be stamped on the block titled “Reason Fingerprinted”
or the block titled “Title and Address.” “U.S. Department of Energy, Washington,
D.C.” shall be typed in the space titled “ORI” if not already printed there.
Section 10
(1) It is essential that personnel assigned to take fingerprints be adequately
trained to recognize unclassifiable prints. If there is an obvious reason
why a print will be unclassifiable (for example, a scar or missing finger)
this should be noted on the fingerprint card in the box labeled “scars,
marks, or tattoos.” Fingerprint cards that cannot be classified by the FBI
cause undue delay in the access authorization determination process.
Particular care should be taken whenever retakes are necessary.
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(2) The unclassifiable or illegible fingerprint card submitted for a fingerprint
retake should be attached to the newly obtained card with a cover letter
indicating the type of investigation and access authorization requested for
the individual. Retakes submitted to OPM must include the OPM serial
number indicated on the previously rejected fingerprint card.
(3) Fingerprint retakes for individuals being investigated by OPM should be
submitted to the following address:
U.S. Office of Personnel Management
F.I.P.C.
P.O. Box 618
1137 Branchton Rd.
Boyers, PA 16018-0618
(4) Fingerprint retakes for individuals being investigated by the FBI should be
submitted to the following address:
Federal Bureau of Investigation
U.S. Department of Justice
Washington, D.C. 20535
(5) The access authorization determination may be rendered after the
fingerprint retakes are submitted. Normally, only one set of fingerprint
retakes will be submitted for classification.
c. DOE F 5631.16, File Summary Sheet, shall be prepared to record all official
access authorization actions and placed in the individual’s PSF.
9. OTHER FEDERAL AGENCY REQUESTS FOR DOE ACCESS AUTHORIZATIONS.
All requests for DOE access authorization for Federal employees and contractors shall be
processed through the Director of Safeguards and Security. DOD and NASA personnel
may have access to Restricted Data under the certification procedures outlined in Chapter
VIII of DOE O 470.1, SAFEGUARDS AND SECURITY PROGRAM, except in cases
indicated below.
a. DOD and NASA Personnel Assigned to the Department. These individuals shall
require DOE access authorization and in their assigned capacities shall be
afforded access to Restricted Data on the same basis as DOE employees. When
the situation warrants, they may be assigned to work on the basis of appropriate
certification of security clearance from their agency, providing the processing for
DOE access authorization has been initiated. Restricted Data received by such
personnel during their assignment with DOE must be handled in accordance with
DOE security requirements.
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b. DOD and NASA Personnel Assigned to Other Federal Agencies. When these
individuals require DOE access authorizations, the requests must be initiated by
the agency to which they are assigned.
10. DOE AND DOE CONTRACTOR PERSONNEL ASSIGNED TO DOD OR NASA.
Any DOE or DOE contractor employee acting as a consultant or member of a DOD or
NASA advisory board who, in that capacity, possesses appropriate DOD or NASA
security clearance shall, for the purposes of this Manual, be considered a temporary DOD
or NASA employee. In this capacity, the individual may communicate Restricted Data to
DOD or NASA personnel and their contractors in accordance with the DOD or NASA
security requirements. If the DOE employee or contractor does not require an access
authorization for DOE work but does require a security clearance for assignment to the
other agency, the other agency shall request the appropriate investigation, adjudicate the
reported information, and grant the appropriate clearance.
Section 11
11. ADDITIONAL REQUIREMENTS FOR CASES INVOLVING FOREIGN RESIDENCE
OR NATURALIZED U.S. CITIZENS.
a. Additional investigative information is required from individuals who became
naturalized U.S. citizens subsequent to their 18th birthday, and individuals who
resided in a foreign country during the period of time covered by the investigation.
The applicant shall provide the supplemental information outlined in Attachment
II-1. This information shall be submitted to the investigative agency with the
completed SF-86 to assist in developing adequate coverage to complete the
investigation. Chapter VI also contains detailed information regarding access
authorizations for foreign nationals and dual citizens.
b. If, upon review of the SF-86, the DOE security office finds it unlikely that an
adequate investigation is possible, all material pertaining to the case shall be
forwarded to the Office of Safeguards and Security for coordination with the
appropriate investigative agencies. The Office of Safeguards and Security shall
then advise the requesting DOE security office on whether sufficient information
can be obtained to determine the individual’s eligibility for access authorization.
12. TRANSMITTAL OF COMPLETED INVESTIGATIVE REPORTS. OPM forwards
reports of investigations directly to the requesting security office. Completed FBI
investigations are sent to the Office of Safeguards and Security, which shall then transmit
them to the appropriate Field Element. Each DOE Field Element shall enter both the
date the reports were completed and the date the reports were received into the Central
Personnel Clearance Index (CPCI) within 2 working days of the receipt of the reports.
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13. CANCELLATION OF REQUESTS FOR ACCESS AUTHORIZATION OR
INVESTIGATION. DOE shall request the investigating agency to discontinue its
investigation immediately upon receipt of notification that the individual no longer
requires an access authorization. DOE is charged the full cost of an FBI investigation if
any field work has been conducted; however, for OPM investigations, DOE is charged
only for work completed as of the date that OPM is requested to discontinue its
investigation. The CPCI shall be updated to reflect cancellation of the investigation
within 2 working days of receipt of notification. If the access authorization is to be
terminated by a field element because the individual is transferring to another field
element and will still require access authorization, the terminating office should not
cancel the investigation. Upon receipt of the investigation it should be sent to the
appropriate DOE personnel security office for adjudication.
14. TYPES OF INVESTIGATIONS. The following investigations are those most frequently
conducted for DOE.
a. Single Scope Background Investigation. The SSBI is a full-field background
investigation covering the most recent 10 years of the individual’s life. A
National Agency Check with Credit, an interview with the individual, and a
National Agency Check on the individual’s spouse or cohabitant are also
conducted.
b. Single Scope Background Investigation-Periodic Reinvestigation. The SSBI-PR
is a background investigation covering the most recent 5 years of the individual’s
life. The individual’s name is checked with appropriate Federal agencies and a
credit search is conducted. This investigation is used for reinvestigations of
individuals holding Q access authorization.
Section 12
c. National Agency Check with Law and Credit. The NACLC is a name check of
the individual at appropriate Federal and local law enforcement agencies, a credit
search, and a classification of the individual’s fingerprints with the FBI. NACLCs
are used for the initial investigation of contractor employees who require L access
authorization and for reinvestigations of all individuals holding L access
authorization.
d. Access National Agency Check and Inquiries. The ANACI is a name check of the
individual at appropriate Federal and local law enforcement agencies, a
classification of the individual’s fingerprints with the FBI, a credit search, and
written inquiries regarding the individual’s employers, education, residences, and
references. ANACI is used for the initial investigation of Federal employees
requiring L access authorization.
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e. Upgrading an Investigation. The type of investigation requested may be upgraded
to a more extensive investigation if the case appears to involve significant
derogatory issues. OPM can also conduct other investigations of varying scopes
to meet the particular needs of a given case for additional cost on a case-by-case
basis; for example, a Special Update Investigation to cover the most recent 18
months of the individual’s activities.
f. Background Investigations by Other Federal Agencies. Reports of investigation
by other Federal agencies (e.g., the Defense Investigative Service or Department
of State) should be accepted in lieu of a new investigation provided that:
(1) the investigation meets the scope and extent of the required investigation;
and
(2) the investigation was completed, or updated by reinvestigation, within the
most recent 5 years.
15. INCOMPLETE INVESTIGATIONS. In certain situations, OPM will close out a case
prior to completion of the investigation. The outstanding portion of the investigation will
be clearly identified by OPM. The local DOE security office may, when the situation so
requires, grant an access authorization provided that as a minimum:
a. a review of the SF-86 and the incomplete investigation is favorable;
b. the incomplete information is documented in the case file; and
c. a further review of the case is to be made when the missing information is
received from OPM.
16. INVESTIGATION REQUESTS FOR INDIVIDUALS TRANSFERRED TO
POSITIONS OF A HIGH DEGREE OF IMPORTANCE OR SENSITIVITY.
a. The Atomic Energy Act of 1954, as amended, requires that the FBI conduct
background investigations on individuals who occupy positions certified by DOE
to be of a high degree of importance or sensitivity. (See Chapter I.) When a
currently cleared individual is selected for such a position, the manager may
authorize the transfer to the new position provided:
(1) the existing personnel security file is reviewed by a personnel security
specialist before the transfer takes place and this review has not revealed
any unresolved derogatory information, and
(2) the most recently conducted investigation is not more than 5 years old.
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b. In such cases, the individual shall be processed for an FBI reinvestigation when
the existing investigation becomes 5 years old.
c. The manager may also authorize the transfer to a new position prior to the receipt
of a completed FBI investigation provided a review of the existing personnel
security file has been conducted and there is no security objection to such action.
Section 13
17. ACCESS AUTHORIZATION DOCUMENTATION. When access authorization has
been granted, the Field Element shall make the appropriate entry to the CPCI within 2
working days. The field element shall also update the File Summary Sheet in the
individual’s PSF and shall notify the requesting office.
18. REINITIATION OF CASES ADMINISTRATIVELY TERMINATED UNDER
10 CFR 710.6. If an individual fails to comply with a request for information,
his/her case may be terminated under the procedures described in 10 CFR 710.6.
If the individual later complies with the request, the process may be reopened and
activities resumed at the same point at which the process was terminated. Before
the investigation can be reopened, the individual’s employer must recertify the
continued need for the individual to have an access authorization.
19. DOE CUSTODY OF PERSONNEL SECURITY FILES.
a. Because of the privileged nature of the information contained in investigative
reports and PSFs, they shall be made available within DOE only to individuals
who have been the subject of a favorably adjudicated background investigation
and are authorized to process or adjudicate an access authorization, determine
suitability for Federal employment, investigate a criminal violation, or ensure
compliance with DOE requirements. Appropriate handling, transmission, and
storage methods shall be used to comply with this requirement. Reports of
investigation or information contained in the PSFs shall not be made available to
contractor representatives.
b. Reports of investigation of individuals who have been processed for access
authorization may be shown to representatives of other Federal agencies or other
entities identified as routine users in the DOE System of Records-43, Personnel
Security Files. Such representatives must show that they have an official interest
in the investigation. Representatives shall not be given copies of an investigation
conducted by another Federal agency, but shall be advised that the reports may be
requested directly from the FBI, OPM, or other Federal investigative agency that
originated the report. Authorized representatives may review the contents of the
PSF, and may be provided copies of information from the PSF (other than the
investigative reports).
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c. Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a(b)(7), information may be
released “to another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a civil or criminal
law enforcement activity if the activity is authorized by law, and if the head of the
agency or instrumentality has made a written request to the agency which
maintains the records specifying the particular portion desired and the law
enforcement activity for which the record is sought.”
d. In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, a record of each
disclosure of a PSF to another agency’s representative or individual as described
in Paragraph 19b, or c above shall be noted in the file as follows:
(1) name of the person to whom the disclosure is made;
(2) agency represented and address;
(3) date;
(4) nature and purpose of the disclosure; and,
(5) name of the DOE employee releasing the information.
e. Disclosure of information in the background investigation to other DOE
employees who need the information to perform official duties is permitted by the
Privacy Act of 1974, 5 U.S.C. 552a(b)(1). A psychiatrist conducting an
evaluation at the request of DOE may be permitted access to the information
contained in the background investigation.
Section 14
f. Prior to the release of a PSF containing classified information, the DOE employee
responsible for releasing the file shall be assured that the reviewer possesses the
appropriate level of access authorization or security clearance and has an official
need-to-know.
20. INDIVIDUALS SEEKING ACCESS OR AMENDMENT TO THEIR PERSONNEL
SECURITY FILE. PSFs are a system of records under DOE control and are subject to
10 CFR Part 1008, Records Maintained on Individuals (Privacy Act), regarding their
release. That regulation describes the procedures for individuals who wish to review,
obtain a copy of, or amend the contents of their PSF. Specific instructions for submitting
a Privacy Act request are contained in 10 CFR 1008.6, Requests for Access or
Amendment. Further information on how to submit a request for access can be obtained
by contacting the local Privacy Act Officer.
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21. NOTIFICATION OF ACCESS AUTHORIZATION DETERMINATION. DOE’s final
determination regarding the eligibility for an access authorization shall be provided in
writing or electronically to the employer or prospective employer who initiated the
request. This information may also be furnished to representatives of DOE contractors or
to Federal agencies having an official interest in the individual. Notification of final
determination shall not be given in writing to the individual except when the
determination is made as a result of the completion of the DOE administrative review
process as specified in 10 CFR 710, or when the individual is also the designated official
in the agency, firm, or organization to whom written notifications are normally
forwarded.
22. CONTENTS AND ARRANGEMENT OF DATA IN PERSONNEL SECURITY FILES.
a. The PSF of any individual who is being or has been processed for an access
authorization, whether active or terminated, shall contain the original or a copy of
any document related to an investigation, including an investigative report
prepared by a Federal investigative agency, or any documents, correspondence, or
forms involving the individual subsequent to the initial access authorization
action. The PSF shall be arranged so that administrative material is fastened to
the left side and adjudicative material is fastened to the right side. Material on
each side of the folder shall be arranged chronologically from bottom to top.
b. Administrative materials are memoranda and other correspondence relating to
administration of the case, including requests for access authorizations;
prescreening forms; notes to the file (except notes containing investigative or
adjudicative data); requests to other offices for interviews; security advisory
letters; suspension correspondence, notification letters, and responses thereto;
correspondence relating to special access authorizations; security badge and
briefing forms; Personnel Security Assurance Program-related documents; and
similar data. A File Summary Sheet (DOE F 5631.16 or equivalent) shall be
placed on top of all other material on the left side of the personnel security file.
Section 15
c. Adjudicative materials are all investigative material relating to the access
authorization determination, including the questionnaire completed by the
individual, fingerprint cards, release forms, and Security Acknowledgment;
reports of investigation from any Federal agency or local law enforcement
activity, the Office of the Inspector General, or contractor security personnel;
documentation regarding security infractions; letters, memoranda, or notes to file
containing investigative data; summaries of investigation; incident reports, reports
of hospitalization or treatment for mental illness, substance abuse, or alcohol
abuse; interview transcripts or summaries; letters of interrogatory to the individual
and responses thereto; correspondence and reports relating to psychiatric and/or
psychological evaluations; case evaluations; and any other material relating to the
adjudication of the individual’s eligibility for access authorization.
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ATTACHMENT II-1
Additional Information for Cases Involving Foreign Residence or
Citizenship
Use Additional Paper as Necessary
1. VERIFICATION OF RESIDENCE/EMPLOYMENT IN FOREIGN COUNTRIES: List
individuals currently living in the U.S. who can verify your residence/employment in a foreign
country.
Full Name
Address
Nature of Relationship
2. ADDRESSES: List any nonrelatives with whom you have resided while living in a foreign
country.
Full Name
Address
Occupation
3. RELATIVES: List all relatives (not already provided on your SF-86) residing in any foreign
country.
Full Name
Address
Occupation
Foreign Government Employee G YES G NO
If yes, describe job duties.
4. CORRESPONDENCE: List individuals (other than relatives covered in item 3 above)
residing in any foreign country with whom you correspond.
Full Name
Address
Occupation
Nature and Frequency of Contact
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5. ORGANIZATIONS: List membership in ALL foreign organizations including the location
and dates of membership and offices held. Describe nature and purpose of the organization and
explain your reason for joining.
6. FOREIGN INTERESTS: If any of the following conditions apply, list the relevant
country(ies) and provide the specific information required.
Do you have voting privileges in any country other than the U.S.? G YES G NO
If yes, list country (ies)
If yes, do you exercise your voting privileges? G YES G NO
Do you have any documents that can be used as proof of citizenship in a foreign country (i.e.,
birth certificate, passport, drivers license, medical card, etc.)? G YES G NO
If yes, describe.
Do you receive any financial support from any other country (income, health benefits, etc.)?
If yes, describe. G YES G NO
Do you pay income and/or property taxes in any foreign country? G YES G NO
If yes, describe.
Signature
Full name (printed)
Date
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CHAPTER III
INVESTIGATIVE RESULTS PROCESS AND
ACCESS AUTHORIZATION DETERMINATIONS
1. SCREENING. Upon receipt of an investigative report, the individual assigned shall
screen it to ensure that the required DOE scope of investigation for the particular type of
access authorization has been met.
a. Background Investigations (Initial Investigations or Reinvestigations).
(1) The report shall be reviewed by the screener to ensure that thorough
information is provided on the individual’s residence, employment,
education, and military service, and checks of references, credit, and law
enforcement have been completed.
Section 16
(2) All derogatory and mitigating information as well as any missing elements
of investigative coverage should be documented with the date and
signature of the reviewer. Under certain circumstances (Chapter II,
Paragraph 15), it is appropriate to proceed with adjudication even if
information is missing. The individual’s employer as listed on the SF-86,
should be checked against the employer as reported in the investigation to
assure that they are identical.
(3) Those cases in which the investigation is complete and no derogatory
information has been reported should be appropriately documented. If the
individual assigned to the function has been delegated authority in writing
to grant an access authorization, the granting shall be so noted in the file.
At least 5 percent of such cases shall be reviewed by a senior personnel
security analyst to ensure that the investigation is in fact complete and that
no derogatory information is present. Such verification of review shall be
documented by the date and signature of the reviewer on the File Summary
Sheet (DOE F 5631.16) or equivalent.
b. National Agency Checks. Individuals screening these investigations shall
determine whether all items have been covered. Derogatory and mitigating
information should be listed and documented with the date and signature of the
reviewer. The procedures listed under Paragraph 1a(3) above should be followed.
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2. ANALYSIS.
a. Favorable and unfavorable investigative information shall be analyzed in relation
to the “Criteria and Procedures for Determining Eligibility for Access to
Classified Matter or SNM, Subpart A” (10 CFR 710, hereafter referred to as
“criteria”) and to determine whether the reported information raises substantial
doubt concerning such eligibility. Frequently, the reported derogatory information
alone would raise such a concern, but may be resolved when considered with
other reported mitigating information.
b. Additional actions, such as those described in Paragraphs 5 through 8 below, are
frequently required to adjudicate a case. If one of these actions is necessary, the
recommendation for such action (including a personnel security interview, letter
of interrogatory, or additional investigation) must be approved by a senior
personnel security specialist other than the analyst making the recommendation.
c. If an investigation is complete, Field Element Manager, or an individual who has
been delegated written adjudication authority, may grant or continue an access
authorization based on the existing record if:
(1) the file is clear of derogatory information;
(2) the post-investigative record fully mitigates any derogatory information; or
(3) an interview and/or other supplementary fact-finding effort has resolved
all security concerns documented in the record.
d. If the Field Element Manager has determined that reported information falls
within one or more of the categories in the criteria and the case cannot be resolved
locally, the manager shall suspend any access authorization currently in effect and
transmit to the Director of Safeguards and Security a duplicate of the personnel
security file, a summary statement, and a request for authority to initiate
administrative review processing under 10 CFR 710. The individual’s employer,
any other Field Element having an access authorization interest in the individual,
and any other Federal agency for which the individual holds an access
authorization, security clearance, or access approval, or to which DOE has
certified the individual’s access authorization, shall be notified immediately of the
suspension action. The CPCI shall also be updated and the individual’s badging
office notified.
Section 17
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3. REFERRAL OF CASE FOR REVIEW AND ADVICE. Field Element Managers may
refer any case to the Director of Safeguards and Security for review and advice. Any case
referred should reflect the manager’s opinions and recommendations for further action.
4. ACTIONS AUTHORIZED BY THE OFFICE OF SAFEGUARDS AND SECURITY.
The Director of Safeguards and Security shall review all cases referred under 10 CFR
710.10 and may:
a. direct specific additional actions to be taken in the case, such as an interview,
additional investigation, or psychiatric evaluation;
b. authorize the granting or restoration of an access authorization; or,
c. authorize an administrative review (10 CFR 710.20, et seq.).
5. PERSONNEL SECURITY INTERVIEWS. Conducting personnel security interviews
(PSIs) is a critical function of a personnel security official. PSIs shall be conducted only
by personnel security specialists appropriately trained and cognizant of all the questions
or items of information to be explored. DOE F 5631.5, The Conduct of Personnel
Security Interviews Under DOE Security Regulation, and DOE F 5631.7, Privacy Act
Statement for Personnel Security Interviews and Release Forms Related Thereto, must be
properly executed for all PSIs. All PSIs shall be tape recorded. The PSI shall then be
transcribed or summarized. If a transcript is not prepared, the recorded PSI must be
retained and protected in the same manner as the personnel security file.
6. LETTERS OF INTERROGATORY. An alternative to a PSI is the letter of interrogatory,
which may be sent to an individual if the information required is not of a serious nature,
which may include minor drug use that ended more than 5 years ago, or if the geographic
location of the individual would make it extremely difficult to arrange a PSI. Letters of
interrogatory shall include a deadline for the individual to provide the response. The
individual’s response shall be evaluated to determine whether the security concern that
prompted the letter has been resolved. If the individual’s response does not resolve the
security concern, a PSI shall be scheduled to further explore the concern.
7. ADDITIONAL INVESTIGATION. When an additional investigation is required to
expand, resolve, or corroborate information, the Field Element shall submit a request for
such investigation to either the OPM or the FBI, as appropriate.
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8. DRUG CERTIFICATIONS. If information indicates that the individual has illegally used
or trafficked in a controlled substance as defined in the Controlled Substances Act of
1970 (21 U.S.C. 812), that information, including the extent and duration of such drug
involvement and the individual’s future intentions for such involvement, must be
evaluated. The individual may be given an opportunity to certify in writing on a
DOE F 5631.9, Drug Certification, that he/she will no longer engage in such activity. If,
after being granted an access authorization (or having an access authorization continued),
the individual who signed a Drug Certification violates its terms, an immediate evaluation
of the circumstances of that violation shall be conducted.
9. CASES INVOLVING MENTAL ILLNESS OR MENTAL CONDITION. To assist in
determining whether reported information about a mental illness or condition falls within
the criteria, the following procedures shall be implemented:
Section 18
a. When a DOE or contractor employee or a consultant who has an access
authorization is hospitalized or otherwise treated for a mental illness or mental
condition, the DOE supervisor or a responsible DOE contractor official shall
report this information to the cognizant Field Element Manager, or for
Headquarters cases, to the Director of Safeguards and Security. Upon
determination by the employer that the individual is able to perform his/her
regular duties, the individual’s access authorization may be continued unless the
Field Element Manager or the Director of Safeguards and Security finds
convincing evidence that there is a significant defect in the individual’s judgment
or reliability as described in 10 CFR 710.8(h).
b. To aid in determining the individual’s judgment or reliability, the manager or the
Director of Safeguards and Security may accept previously rendered competent
medical advice or records that are in the possession of DOE or a DOE contractor.
The Field Element Manager or Director of Safeguards and Security may also have
a board-certified psychiatrist or a licensed clinical psychologist designated by
DOE conduct a mental evaluation. Any referral to a DOE-designated psychiatrist
or psychologist must be approved by the cognizant Personnel Security Program
manager. In such a case, the individual shall be requested to submit to an
examination and to execute a consent form, DOE F 5631.10, Waiver, for the
examination.
(1) The examining psychiatrist or psychologist shall submit to the field
element manager or the Director of Safeguards and Security a written
report containing his/her professional opinion on whether the individual
suffers from a mental illness or condition that causes or may cause a
significant defect in judgment or reliability.
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(2) If the individual refuses to submit to an examination, his/her access
authorization may be terminated in accordance with 10 CFR 710.6.
c. If a psychiatric or psychological examination is conducted as described in
Paragraph 9b above, the DOE-designated examiner shall be notified that he/she
may be called upon to testify before a hearing officer. Only psychiatrists or
psychologists consenting to testify should be designated for examining purposes.
10. TIME ELEMENTS IN PROCESSING CASES. The following schedules should be
observed in processing cases. (All time frames are in work days, unless otherwise
indicated.)
a. Initial screening and either granting or reaffirming after a reinvestigation of an
access authorization shall be accomplished within 7 days of the receipt of a
completed investigation that has been evaluated and found not to contain
derogatory information.
b. Within 30 days of the receipt of a completed investigation that has been evaluated
as containing derogatory information, one of the following actions shall take
place.
(1) Access authorization shall be granted or reaffirmed.
(2) Additional investigation shall be requested.
(3) A Personnel Security Interview with the individual shall be scheduled.
(4) A letter of interrogatory shall be sent to the individual.
(5) The case shall be referred to the Director of Safeguards and Security with
a request for authority to institute administrative review processing under
10 CFR 710.
(6) Cases involving a DOE employee shall be referred to the servicing
personnel office as described in item 12 below.
Section 19
c. After a Field Element Manager or the Directors Headquarters Operations Division
requests approval to proceed with administrative review processing, the following
time frames should be used in the various processing steps.
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(1) The Office of Safeguards and Security shall render a determination on the
request for the initiation of administrative review processing within 30
days of receipt of the request.
(2) Within 30 calendar days of receiving administrative review authorization
from the Office of Safeguards and Security, the Field Element Manager (or
for Headquarters cases, the Personnel Security Program Manager) shall
prepare and deliver a notification letter to the individual. Notification
letters for Headquarters cases shall be signed by the Director of Safeguards
and Security. This notification letter constitutes the “Notice to the
Individual” described in 10 CFR 710.21.
(3) The individual shall respond to the notification letter within 20 calendar
days of receipt of the notification letter.
(4) Should the individual fail to respond to the notification letter within 20
calendar days, he/she shall be contacted again within 3 days to determine
whether he/she intends to request a hearing. Unsuccessful attempts to
locate an individual who has failed to respond should be documented.
(5) If the individual does not request a hearing, the case shall be forwarded to
the Field Element Manager, or for Headquarters cases, the Director of
Safeguards and Security within 7 days of notice from the individual that a
hearing is not requested, or within 7 days of the unsuccessful attempt to
recontact the individual. In such cases, the manager or, for Headquarters
cases, the Director of Safeguards and Security, shall be provided with the
individual’s PSF, and shall issue a final determination within 30 days of
receipt of the case.
(6) If the individual requests a hearing, the Field Element Manager shall
assign an attorney to serve as DOE counsel and transmit the request to the
Director, Office of Hearings and Appeals, within 15 days of receipt of the
individual’s request for a hearing. For Headquarters cases, the Director of
Safeguards and Security shall request the Office of General Counsel to
assign an attorney to serve as DOE counsel, and transmit the individual’s
request for a hearing to the Director, Office of Hearings and Appeals.
(7) Hearings shall commence within 90 calendar days of receipt by DOE of
the individual’s request for a hearing.
(8) The court reporter shall return the transcript of the hearing to the
appropriate Field Element Manager or, for Headquarters cases the Director
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of Safeguards and Security, within 30 days of the completion of the
hearing or closing of the record.
(9) The Field Element Manager or, for Headquarters cases the Director of
Safeguards and Security, shall transmit the completed hearing transcript to
the hearing officer within 5 days of receipt from the court reporter.
(10) The hearing officer shall issue an opinion within 30 calendar days of
receiving the hearing transcript or closing of the record, whichever is later.
(11) Either the individual or the Office of Security Affairs may submit to the
Director, Office of Hearings and Appeals, a request for review of the
hearing officer’s opinion within 30 calendar days of receipt of the opinion.
Section 20
(12) Within 15 calendar days after filing a request for review, the party seeking
the review (either the individual or the Office of Security Affairs) must file
a statement identifying the issues on which it wishes the Director, Office
of Hearings and Appeals, to focus. The other party has 20 calendar days
(starting from the date of receipt of the statement identifying the issues for
review) in which to file a response with the Director, Office of Hearings
and Appeals.
(13) The Director, Office of Hearings and Appeals, shall issue an opinion
within 45 days of the closing of the record. Refer to 10 CFR 710.28 for
further details on this process.
(14) Personnel Security Policy, Office of Safeguards and Security, shall prepare
a consolidation package within 30 calendar days of receipt of the
completed record from the Office of Hearings and Appeals.
(15) The Director, Policy, Standards and Analysis Division, Office of
Safeguards and Security, shall make a determination on the recommended
action within 5 days of receipt of the case from Personnel Security Policy.
(16) The Director, Office of Safeguards and Security, shall make a
determination on the recommended action within 5 days of receipt of the
case from the Director, Policy, Standards and Analysis Division.
(17) The Director, Office of Security Affairs, shall make a final determination
within 30 days of receipt of the case.
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(18) The Director, Office of Safeguards and Security, or the Field Element
Manager shall notify the individual of the final determination within 10
days of the final determination.
11. EMPLOYER INQUIRIES. Once an individual is notified of his/her opportunity to
request a hearing before a hearing officer, the individual’s employer may, upon inquiry,
be informed of the status of the case but not of the information requiring initiation of
administrative review processing.
12. SUITABILITY DETERMINATIONS FOR FEDERAL EMPLOYEES AND
REFERRALS TO SERVICING PERSONNEL OFFICES.
a. DOE Employees and Applicants for DOE Employment. Derogatory or discrepant
information that is developed as part of the Personnel Security Program may be
relevant to a DOE employee’s or an applicant for DOE employment’s suitability
for Federal employment or may require disciplinary action by the servicing
personnel office. Each local Personnel Security office should establish procedures
with the servicing personnel office(s) for the DOE employees under their
jurisdiction for the referral of such information so that the servicing personnel
office can take appropriate action regarding the individual’s employment status.
Ordinarily, any adverse action proceedings of the servicing personnel office must
be completed prior to initiation of administrative review processing of the
individual’s eligibility for access authorization. However, a referral to the
servicing personnel office does not preclude a manager from suspending the
individual’s access authorization.
b. Other Federal Agency Employees and Consultants. In cases where employment
suitability information is developed on an employee or consultant of another
federal agency, the report of investigation will first be reviewed by the hiring
agency or official. A non-DOE Federal official must notify DOE Headquarters
Personnel Security within 30 days if action will be taken against the individual.
Unless DOE security officials consider it necessary for security reasons to proceed
with the access authorization determination prior to a determination of
employment eligibility, the employment decision shall be rendered first.
Section 21
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CHAPTER IV
INTERIM ACCESS AUTHORIZATIONS AND WAIVERS OF PREAPPOINTMENT
BACKGROUND INVESTIGATIONS
1. GENERAL. Only under exceptional circumstances and when such action is clearly
consistent with the national interest will an individual, prior to completion of the
appropriate investigation, be permitted to have access to classified matter or SNM or be
allowed to occupy a position designated by the cognizant personnel office as Critical
Sensitive. In all such cases, Interim Access Authorizations (IAA) to either Restricted
Data, National Security Information, SNM, or waivers of preappointment investigations
shall be considered temporary measures pending completion of the investigation, which
must be in process. An IAA to Restricted Data, National Security Information, and SNM,
shall be approved by the Director, Office of Security Affairs. A waiver of
preappointment investigation shall be approved only by the Secretary. Requests for IAA
shall be made only when the individual is required to have Q access authorization.
Individuals who require L access authorization shall not be processed for IAAs.
2. INTERIM ACCESS AUTHORIZATION TO CLASSIFIED MATTER OR SNM.
a. A written request for an IAA will be submitted to the Director, Office of
Safeguards and Security, and must be supported by a certification that:
(1) serious delay of or interference in an operation or project essential to a
DOE program will occur unless the named individual is granted access to
Restricted Data, National Security Information or SNM prior to
completion of the access authorization procedures; and
(2) the services of a qualified person who is currently cleared to access the
necessary information cannot be obtained.
b. If an investigation has not been requested prior to the request for IAA, the
investigation request accompanied by the forms required for a Q access
authorization must be submitted concurrently with the request for an IAA.
c. Upon receipt of the request for an IAA and the appropriate DOE security forms,
the Office of Safeguards and Security shall review the security forms and conduct
other agency indices checks as appropriate.
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d. Individuals who require an IAA may be offered the opportunity to voluntarily
participate in the DOE Accelerated Access Authorization Program (AAAP),
which involves completion of a National Agency Check with Credit,
psychological assessment, drug testing, and counterintelligence scope
psychophysiological detection of deception testing at the Accelerated Access
Authorization Program Test Center, Albuquerque, New Mexico. Transportation
and per diem costs for such processing shall be the responsibility of the
individual’s program office or employer. Additional information concerning the
Accelerated Access Authorization Program is available from the cognizant DOE
personnel security office. AAAP information brochures may be requested from
the AAAP Test Center by calling (505) 243-3744.
e. Individuals holding IAAs are not eligible for access to Sensitive Compartmented
Information and may not be eligible for access to certain categories of classified
information that require specific programmatic approval, such as COMSEC,
NATO, Weapon Data, or Special Access Programs, until they have been granted a
final Q access authorization.
Section 22
f. IAAs are valid until the completion of the investigation and adjudication process
and may be canceled by the Director of Security Affairs at any time based on
unfavorable information. Such withdrawal of an IAA is not appealable during this
stage of the processing. If such is the case, adjudication of the individual’s
eligibility for access authorization shall continue upon receipt of the completed
investigation.
g. If DOE withdraws an individual’s IAA, the cognizant DOE office shall notify the
individual’s employer in writing. The individual’s employer shall then ensure that
the individual is precluded from access to classified matter and SNM.
h. IAAs shall not be processed for individuals who are dual citizens or are not
United States citizens.
i. When DOE grants final Q access authorization, the IAA shall be terminated. The
CPCI should be updated to reflect this action within 2 working days of the final Q
grant.
3. WAIVERS OF PREAPPOINTMENT INVESTIGATION. DOE shall process requests
for waivers of preappointment investigations in accordance with the procedures
established by OPM in 5 CFR 732 and 736. The preappointment investigation
requirement may not be waived for appointment to positions designated Special-
Sensitive. DOE shall not process waivers for non-sensitive positions. Guidelines for
determining position sensitivity are contained in 5 CFR 732. The preappointment
investigation requirement for persons entering Critical-Sensitive positions may be waived
only for a limited period and only if the Secretary finds that such action is necessary and
in the national interest, and that such finding is made a part of DOE records.
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4. STANDARDS AND PROCEDURES.
a. The Office of Safeguards and Security shall ensure that the following checks have
been completed and reviewed with favorable results:
(1) review of an SF-86 signed by the individual
(2) a credit search
(3) check of the security files at any current or former place of Federal
employment
(4) the results of the individual’s name being checked at the following
locations:
(a) CPCI
(b) FBI criminal history and investigative records
(c) OPM Security/Suitability Index (SII)
(d) Defense Clearance and Investigations Index (DCII)
(e) Central Intelligence Agency Security and Operations Offices
(f) National Criminal Information Center (NCIC)
b. Appropriate expedited service for the access authorization investigation shall be
requested from OPM or the FBI.
c. Any derogatory information developed as part of these checks will be documented
by the Office of Safeguards and Security and will be provided to the official
determining eligibility for the IAA or the waiver of the preappointment
investigation.
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CHAPTER V
DATA ON SPOUSES AND COHABITANTS
1. GENERAL. To implement Section 145a of the Atomic Energy Act of 1954, as amended,
and Executive Orders 12968 and 10450, which require an investigation and report on an
individual’s character, associations, and loyalty, DOE needs information on spouses and
cohabitants of individuals seeking or holding access authorization. A cohabitant is a
person with whom the individual who requires access authorization lives, other than a
legal spouse, child, or other relative (in-laws, mother, father, brother, sister, etc.) and with
whom the individual has a spouse-like relationship or similar bond of affection. In
carrying out investigations of applicants and reinvestigations on incumbents, inquiries
and record checks are made on spouses and cohabitants named on the SF-86. Therefore,
individuals who marry or cohabitate after being granted an access authorization must
complete a DOE F 5631.34, Data Report on Spouse/Cohabitant, if their spouse/cohabitant
has never held a DOE access authorization.
Section 23
2. PROCEDURES.
a. Cleared Individuals Who Marry or Cohabitate.
(1) Within 45 days of marriage or cohabitation with an individual who has
never held a DOE access authorization, an individual who has been
granted access authorization shall submit two copies of DOE F 5631.34 to
the appropriate Field Element Manager.
(2) The OPM shall conduct a National Agency Check (without fingerprints)
on the spouse or cohabitant.
b. Name Changes. Whenever a DOE-cleared individual has a name change, the
individual must notify the appropriate DOE security office so that the appropriate
name change can be made on the CPCI.
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CHAPTER VI
ACCESS AUTHORIZATIONS FOR FOREIGN NATIONALS AND DUAL CITIZENS
AND NATURALIZED U.S. CITIZENS
1. REQUIREMENTS. Where there are compelling reasons in the furtherance of the DOE
mission, immigrant aliens and foreign nationals with a special expertise that is not
possesed to a comparable degree by an available U.S. citizen may be granted access
authorization only for specific programs, projects, contracts, licenses, certificates, or
grants for which the individual needs access to classified matter and/or SNM. Such
individuals shall not be eligible for access to any greater level of classified information
than the U.S. Government has determined may be releasable to the country of which the
individual is currently a citizen, and such limited access may be approved only if the prior
10 years of the individual’s life can be appropriately investigated. Additional lawful
investigative procedures shall be fully pursued to allay any doubts concerning the
granting of access. A request to process a foreign national for an access authorization
must be approved by the Headquarters Element with jurisdiction over the program where
the individual will be employed, the Office of General Counsel, and the Office of
Safeguards and Security prior to submission for investigation. A foreign national granted
an access authorization shall not receive access to the following types of classified matter.
a. Top Secret, CRYPTO or COMSEC information.
b. Intelligence information.
c. Information that has not been determined to be releasable by a U.S. Government
Designated Disclosure Authority to the country of which the individual is a
citizen.
d. NATO Information although a foreign national of a NATO member nation may be
authorized access to NATO Information provided that:
(1) a NATO Security Clearance Certificate is obtained by DOE from the
individual's home country and
(2) NATO Information access is limited to performance on a specific NATO
contract.
e. Information for which foreign disclosure has been prohibited in whole or in part.
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f. Information provided to the U.S. Government in confidence by a third party
government and classified information furnished by a third party government.
2. FOREIGN NATIONALS.
a. Field Elements shall accomplish the following.
(1) Receive and consider requests for access authorizations for foreign
nationals originated by DOE Elements and contractors under their
jurisdiction. Requests may be disapproved by the local Director of
Security if the requirements of Paragraph 1 above have not been met.
(2) Interview all foreign nationals seeking access authorizations to develop the
detailed information described in Attachment II-1. The interview should
address steps taken by the individual to become a U.S. citizen; previous
civilian or military service with a foreign government; family or other
relatives abroad; family, legal, and financial ties abroad; and employment
of relatives by a foreign government.
Section 24
(3) Evaluate the risk arising from foreign national status, considering the
following factors:
(a) the nationality of the foreign national;
(b) whether a sufficient security investigation can be conducted;
(c) length of stay in the United States;
(d) family, legal, and financial ties abroad; and
(e) whether and in what manner the foreign national has shown the
intent to become a U.S. citizen.
(4) Transmit the request to the Director of Safeguards and Security, if it is
determined that an adequate investigation can be conducted and the
evaluation of risks described in (3) above is favorable. Include the
following information and documents with the request:
(a) a duplicate PSF, including the paperwork completed by the
individual and a transcript of the interview that has been conducted
with the individual;
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(b) a statement concerning the program for which the foreign national
has been recruited and specific access to classified information
and/or SNM to be afforded; and
(c) a statement that a favorable risk evaluation has been completed
based upon the factors described in (3) above.
b. Director of Safeguards and Security shall accomplish the following.
(1) Coordinate the following reviews/determinations.
(a) Heads of Headquarters Elements with programmatic authority for
the relevant project shall review the request for a foreign national’s
access authorization and determine whether the individual in
question possesses special expertise necessary to a DOE program.
(b) The Office of General Counsel shall review each request for a
foreign national’s access authorization to determine compliance
with requirements of the Atomic Energy Act of 1954, as amended,
regarding the release of Restricted Data to the government
involved (and thereby the citizens of that government).
(2) Evaluate the security risk arising from foreign national status, taking into
consideration those factors in Paragraph 2a(3) above, and determine
whether the potential contribution of the individual outweighs the security
risk arising from foreign national status.
(3) Notify the concerned Field Element that the case has been approved for
processing and may now be submitted for investigation in cases where
favorable determinations have been made as a result of the reviews
described in 2b(1) and (2) above.
c. An SSBI is required for all types of access authorization for foreign nationals. If
the individual has resided in or has relatives living in a country where the
language is written in a non-Latin alphabet (e.g., Hebrew, Arabic, Chinese,
Japanese, Russian), the individual may be required to translate the information on
overseas addresses and relatives into the Latin alphabet.
d. The determination to grant an access authorization for a foreign national shall be
made by the Field Element Manager and, in Headquarters, by the Director of
Safeguards and Security, without power of redelegation.
e. An access authorization for a foreign national may only be extended, reinstated, or
accepted for transfer with the concurrence of the Headquarters Element having
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functional interest in the work to be done and after the Office of General Counsel
has completed a new review as described in paragraph b(1)(b) above and in
accordance with procedures in Chapter VII.
Section 25
f. The Office of Safeguards and Security shall maintain duplicate PSFs on all
foreign nationals holding access authorizations. The field element shall provide
copies of any additions to the PSFs on these individuals. If the individual's
citizenship status changes substantially, this information shall be reported to the
Office of Safeguards and Security.
3. DUAL CITIZENS. Individuals who possess a dual citizenship (i.e., who are
simultaneously a citizen of the United States and another country) and who have
exercised citizenship rights in the foreign country, or have represented themselves as
citizens of the foreign country, or who have intentions to do so in the future, must meet
the requirements for foreign nationals in Paragraphs 1 and 2 above. There are two
alternatives to being processed as foreign nationals, as described below.
a. Renunciation of the Citizenship in the Other Country. If the individual is willing
to renounce his/her citizenship in the other country, he/she must provide a
notarized statement attesting to the fact that the non-U.S. citizenship has been
formally renounced, and if documentation is available, evidence that the
renunciation has been formally accepted by an official representative of the other
country’s government. Copies of any documents completed by the individual to
formally renounce his/her non-U.S. citizenship should accompany the notarized
statement. An individual's statement of renunciation shall be considered invalid if
the individual continues to exercise his/her citizenship rights in a foreign country.
b. Waiver. The cognizant Field Element Manager, or the Director of Safeguards and
Security for Headquarters cases, may waive the requirement to renounce the
alternate citizenship if it is determined that it would be detrimental to the
individual or to DOE security objectives, or that the risk associated with the
individual maintaining the non-U.S. citizenship status has been adequately
mitigated. A copy of the security evaluation documenting this waiver shall be
maintained in the individual's personnel security file.
4. NATURALIZED U.S. CITIZENS. A counterintelligence briefing should be given
to the individual in conjunction with the granting of DOE access authorization.
The responsibility for conducting these briefings will be assigned by the Field
Element Manager who will also determine their content.
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CHAPTER VII
EXTENSIONS, TRANSFERS, TERMINATIONS, AND REINSTATEMENTS
OF ACCESS AUTHORIZATION
1. EXTENSIONS AND TRANSFERS.
a. Extension of an access authorization is the process that allows an individual to
hold concurrent active access authorizations under the cognizance of two or more
DOE offices, two or more employers, or for one employer under two or more
contract numbers. A Q access authorization can be extended as either a Q or L
access authorization, but an L access authorization can be extended only as an L
access authorization. An access authorization may not be extended to a DOE
Element where the individual is not employed or does not perform contractual
duties. QX and LX access authorizations can not be extended because these
access authorizations are granted for the limited access specified in an access
permit.
b. Transfer of an access authorization requires a DOE Element to accept the active
access authorization granted by another DOE Element simultaneously with the
termination of that access authorization by the latter.
Section 26
c. A request for extension or transfer of an access authorization shall contain the full
name of the individual and his/her date of birth, social security number, and DOE
file number (if known) to establish positive identification.
d. The DOE Element having custody of the individual’s PSF shall inform the DOE
Element extending the access authorization or accepting it for transfer of the
following:
(1) the individual’s date of birth;
(2) the individual’s access authorization status;
(3) the type of investigation upon which the access authorization was based;
(4) if reinvestigated, the date and action taken; and
(5) whether the personnel security file contains unresolved derogatory
information.
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e. After positive identification has been established and based on the information
received, the individual’s access authorization shall be extended or accepted for
transfer within 2 working days of receipt of all necessary information, unless the
PSF contains unresolved derogatory information. An office having knowledge of
unresolved derogatory information must notify all other offices having an access
authorization interest in the individual of the details of the derogatory information.
f. In case of transfer, the PSF shall be reviewed upon receipt and a note shall be
made to document the review before it is filed.
g. When supplemental investigation is deemed appropriate, requests for such an
investigation shall be submitted directly to the appropriate investigative agency.
h. If an access authorization is extended or transferred to a position certified as being
“of a high degree of importance or sensitivity” and the previous investigation was
not conducted by the FBI, the request for the new investigation, accompanied by a
new SF-86, shall be forwarded to the FBI.
i. When derogatory information develops after an access authorization has been
granted or extended, the office in possession of the new information shall notify
all offices having an access authorization interest in the individual.
j. In extension cases, the DOE Element that granted the original access authorization
(or oldest active access authorization if the original has been terminated) shall be
indicated on the CPCI as being the PSF location and shall be responsible for the
Reinvestigation Program requirements in Chapter VIII of this Manual. The only
exception is when the subsequent access authorization extension or action results
in a higher type of access authorization. In such cases, the DOE Element granting
the higher type of access authorization shall be indicated as the PSF location and
shall implement the Reinvestigation Program requirements.
k. The DOE Element extending the access authorization and the DOE Element
accepting the transfer of an access authorization shall update the CPCI
accordingly.
l. IAAs shall not be extended or transferred. An individual with an IAA shall not be
certified for a classified visit outside the DOE complex.
m. If the DOE Element that originated the access authorization terminates the access
authorization, the PSF shall be sent to the office to which the access authorization
had been extended as described in Paragraph 2c below.
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2. TERMINATIONS. Termination is the discontinuance of an individual’s authorization to
have access to classified matter or SNM. (For the purposes of this paragraph,
terminations do not include suspensions or revocations.)
Section 27
a. Causes.
(1) An access authorization is no longer required due to termination of
employment or change of official duties so that the position no longer
requires access to classified matter or SNM. Continuation may be
authorized upon certification by the employer that the individual shall be
reemployed or reassigned to a position that requires an access
authorization within 3 months, and that DOE shall be kept informed of the
individual’s status. If an individual is cleared for more than one contract,
each access authorization requires a separate termination action.
(2) The access authorization is terminated if the holder is on leave of absence
or extended leave and will not require access for at least 90 days. (This
includes leave for foreign travel, employment, or education not involving
official U.S. Government business.) This 90-day period may be adjusted at
the discretion of the Field Element Manager or the Director of Safeguards
and Security.
b. Procedures.
(1) When an individual no longer requires an access authorization, the
cognizant DOE security office shall be notified electronically or verbally
within 2 working days to be followed by a completed DOE F 5631.29,
Security Termination Statement. Every practical effort should be made to
obtain a DOE F 5631.29 from the individual, since the form explains to
the individual their continuing security responsibilities after they no longer
hold DOE access authorization. When the DOE F 5631.29 cannot be
provided, the reasons shall be explained in a written notice which also
must include the reason for the termination.
(2) Within 2 working days of receipt of a DOE F 5631.29 or written notice,
the cognizant DOE security office shall note in the individual’s PSF the
date of termination of the access authorization actually occurred and shall
make the appropriate entry to the CPCI.
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(3) When an access authorization is to be terminated as required in Paragraph
2a(2) above due to foreign travel not involving official U.S. government
business, the individual shall, if possible, be advised that the access
authorization is being terminated and the reason therefor, and shall be
informed that it may be reinstated when he/she resumes work requiring it.
The reinstatement procedure may require new security forms and/or an
updated investigation as noted below in Paragraph 3.
c. Transfer of Personnel Security Files of Terminated Cases. When the PSF of an
individual whose access authorization has been terminated at one field element is
transferred to another field element where the individual continues to require
access authorization for retention, the transferring element shall enter the new file
location on the CPCI.
3. REINSTATEMENTS.
a. A new or updated and or recertified SF-86 shall be obtained if more than 6
months have elapsed since termination of the access authorization and more than
1 year has elapsed since the date of the previous form, or when any significant
changes are known to have occurred since that date. When an SF-86 is not
received, a request for reinstatement should contain the date of birth of the
individual to establish positive identification. A new DOE F 5631.18 shall be
obtained in all cases.
b. The individual’s PSF shall be reviewed to ensure that the individual being
reinstated is the same person whose file is being reviewed.
c. Supplemental investigation shall be requested prior to reinstatement when any of
the following conditions exist:
Section 28
(1) the most recent investigation is more than 5 years old;
(2) the access authorization has been terminated for more than 24 months
(unless the individual has been continuously employed by the same
employer where they held the access authorization, in which case, the
access authorization can be terminated for up to 5 years);.
(3) new derogatory information has been found and has not been resolved
following the initial granting of the access authorization; or
(4) the reason for the termination concerned eligibility for an access
authorization.
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d. If conditions described in paragraphs 3.c.(3) or (4) exist and there is
sufficient available information to proceed directly to administrative
review processing, it is not necessary to schedule supplemental
investigations.
e. Supplemental investigation shall be completed and adjudicated prior to
reinstatement in any case when more than 10 years have elapsed since the
previous investigation.
f. In requesting supplemental investigation, a completed SF-86 shall be forwarded to
the appropriate investigative agency. If DOE has documentation that a
fingerprint card has been previously classified by the FBI, it is not necessary to
submit a new fingerprint card.
g. Where the reinstatement involves assignment of an individual to a “position of a
high degree of importance or sensitivity” and the previous investigation was not
conducted by the FBI, a new SF-86 shall be forwarded to the FBI for
investigation. Field Elements may authorize the reinstatement of an access
authorization prior to receipt of the new investigation by the FBI, provided the
circumstances listed in Subparagraph (d) above do not apply.
4. TRANSMITTAL OF PERSONNEL SECURITY FILES. Unclassified personnel security
files being transferred by mail shall be sent via First Class mail or by other means
approved for the transmittal of classified information. PSFs that are classified shall be
sent by authorized means. (See DOE M 471.2-1, MANUAL FOR CLASSIFIED
MATTER PROTECTION AND CONTROL.) This applies to active or inactive PSFs
and the mailing of one or more investigative reports to the investigative agencies or DOE
Elements. A memorandum or other transmittal form shall be used to ensure that a record
of the location of personnel security files and reports is maintained. PSF’s shall be
transmitted in double envelopes, the inner envelope marked “Security Mail—To Be
Opened By Addressee Only,” in addition to any classification markings required. Files
containing classified information must be mailed only to the approved classified mailing
address. Additional information concerning the transmission of classified information
including other approved methods is contained in DOE M 471.2-1.
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CHAPTER VIII
REINVESTIGATION PROGRAM
1. DESCRIPTION. The Reinvestigation Program is designed to ensure that individuals
with access authorizations are periodically reevaluated to determine their continued need
for such access authorizations and reinvestigated to determine their continued eligibility.
A reevaluation and reinvestigation will be completed every 5 years for individuals
holding Q access authorizations and every 10 years for individuals holding L access
authorizations. This chapter applies to all individuals with active access authorizations.
Section 29
2. REEVALUATION. In conjunction with reinvestigation, the individual’s sponsor shall
review the individual’s need to hold an access authorization at the existing level. The
sponsor must certify to DOE that the individual requires continuation of the access
authorization and indicate the level of classified information or category(ies) of SNM to
which the individual requires access in order to perform the official duties of the position.
If access authorization has been approved under Section 145b of the Atomic Energy Act
of 1954, as amended, the Director of Safeguards and Security, or designee, shall ensure
annually that the individual continues to require access to classified material in order to
perform the official duties of the position. Completion of security forms and the
scheduling of a reinvestigation will normally not be required for such individuals unless
the need to do so is approved by the Director of Security Affairs.
3. INDIVIDUAL COMPLIANCE. If an individual is recertified, he/she shall be provided
the required security forms by the cognizant DOE or contractor security office. The
individual shall be notified in writing that failure to provide updated security forms to the
cognizant DOE security office within 30 calendar days of the formal notification of the
requirement for reinvestigation may result in administrative termination of his/her access
authorization. Individuals who fail to submit completed security forms within the 30-day
period will be recontacted by the cognizant DOE security office to verify that they did
receive the security forms and are aware of the administrative action that will be taken if
they fail to return the forms. The personnel security representative making this contact
shall document the personnel security file with the date and time of contact.
The individual’s sponsor shall be notified in writing when an individual’s access
authorization is administratively terminated. The decision to effect an administrative
termination under these circumstances shall be made by the cognizant chief of personnel
security. Individuals whose access authorizations are administratively terminated shall
receive a DOE Security Termination Statement to complete and return to the cognizant
DOE security office. However, the signed DOE Security Termination Statement is not
needed to effect the administrative termination action.
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4. REINVESTIGATION.
a. Review of Continued Eligibility. A review of the individual’s eligibility for
continuation of the access authorization shall be based upon reevaluation of:
(1) the individual’s updated security forms;
(2) the individual’s PSF;
(3) the completed investigation as described below; and,
(4) any additional data resulting from required further investigative or
administrative effort (e.g., personnel security interview, psychiatric
evaluation, letter of interrogatory, and/or specialized indices checks).
b. Type of Reinvestigation. The type of reinvestigation to be conducted is
determined by the type of access authorization held by the individual and the
recertification by the individual’s sponsor of the individual’s continued need for
access. If an individual’s SF-86 or personnel security file reflects new and/or
unresolved derogatory information, the type of reinvestigation may be upgraded.
Reinvestigation requirements are listed below.
Section 30
(1) Q Access Authorization. At each 5-year interval following completion of
the previous investigation or reinvestigation, OPM will conduct an SSBI-
PR. The investigation may be expanded or upgraded to resolve issues.
Fingerprint cards are required only if there has not been a previously valid
technical check by the FBI.
(2) L Access Authorization. At each 10-year interval following completion of
the previous investigation or reinvestigation, a NACLC will be conducted.
The investigation may be expanded or upgraded to resolve issues.
Fingerprint cards are required only if there has not been a previous valid
technical check by the FBI.
c. Scheduling Reinvestigations. The manager of the DOE Element shall establish a
schedule for submitting requests for reinvestigations for cases under his/her
jurisdiction. The PSF location, as designated on the CPCI, will indicate the field
element jurisdiction responsible for processing the reinvestigation.
Reinvestigations shall be submitted to the investigative agency as evenly
throughout the year as possible. In addition, a reinvestigation shall be scheduled
whenever there is substantiated probable cause to believe that the individual has
engaged in activity or has been subject to circumstances that cause a security
concern within the meaning of 10 CFR 710 or as a follow-up to previously
adjudicated derogatory issues.
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d. Evaluation Procedures. The results of the reinvestigation shall be reviewed and
adjudicated following the procedures described in Chapter III for initial
investigations. When reinvestigation reports contain derogatory information and
the individual has an active access authorization, the case shall receive priority
processing in order to resolve the derogatory information as quickly as possible or
to determine whether the individual’s case warrants processing under
administrative review procedures. The results of the evaluation shall be entered
into the CPCI. If an access authorization has been extended, the office reviewing
the reinvestigation reports shall notify the cognizant field element of any
unresolved derogatory information, including suspension of the access
authorization.
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Cover
Table of Contents
Chapter I
Chapter II
Attachment 1
Chapter III
Chapter IV
Chapter V
Chapter VI
Chapter VII
Chapter VIII