DOE O 472.1B, Personnel Security Activities
Functional areas: Personnel Security, Safeguards, Security, and Emergency Management, Work Processes
Establishes requirements to ensure that individuals are processed for, granted, and retain a DOE access authorization only when required.
DOE N 251.47, dated 08/14/02, extends this directive until 05/14/03. Cancels DOE 472.1A and DOE 472.1 Chg 1.
Supersedes:
DOE O 472.1 Chg 1, Personnel Security Program on Mar 24, 1997
DOE O 472.1, Personnel Security Program on Mar 24, 1997
DOE O 472.1A, Personnel Security Activities on Mar 24, 1997
Superseded By:
DOE O 472.1C, Personnel Security Activities on Mar 25, 2003
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 472.1CPersonnel Security Activities (Mar 25, 2003)
Supersedes
Earlier documents this one replaced.
- DOE O 472.1 Chg 1Personnel Security Program (Mar 24, 1997)
- DOE O 472.1Personnel Security Program (Mar 24, 1997)
- DOE O 472.1APersonnel Security Activities (Mar 24, 1997)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DOE O 472.1B
U.S. Department of Energy ORDER
Washington, D.C.
Approved: 03-24-97
Sunset Review: 03-24-99
Expires: 03-24-01
SUBJECT: PERSONNEL SECURITY ACTIVITIES
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Safeguards and Security
1. OBJECTIVES. In accordance with Federal statutes, Executive Orders, and Department of
Energy (DOE) regulations, establish requirements to:
a. ensure that individuals are processed for, granted, and retain a DOE access authorization
only when their official duties require such access;
b. allow access to DOE classified matter and special nuclear materials (hereafter referred to as
"SNM") only when it has been determined that such access will not endanger the common
defense and security and is clearly consistent with the national interest;
c. maintain the numbers and types of access authorizations at the minimum levels necessary to
ensure the operational efficiency of DOE classified and SNM programs and operations;
d. conduct personnel security activities in a manner that ensures the:
(1) timely and efficient processing of initial access authorization requests and
reinvestigations;
(2) consistent, objective, and fair interpretation and application of criteria and procedures
in every access authorization action;
(3) timely review and adjudication of investigative reports and other information related
to an individual's access authorization eligibility; and
(4) maintenance of accurate, complete, and timely access authorization file and record
information, the availability of such information to authorized users, and the
protection of such information against unauthorized disclosure;
e. periodically evaluate individuals retaining access authorizations to confirm their continued
need-for-access and access authorization eligibility;
f. ensure that DOE employees, contractors, and others involved in personnel security activities
effectively and efficiently execute their personnel security related responsibilities and
authorities;
g. prevent the use of personnel security activities for reprisal, discrimination, or any other
unauthorized purpose; and
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h. promote proactive participation in personnel security activities at the international, national,
and inter-agency levels to ensure the adequate expression and consideration of DOE mission
and program interests.
2. CANCELLATIONS. DOE O 472.1A, PERSONNEL SECURITY ACTIVITIES, of 9-05-96,
and DOE O 472.1 Chg 3, of 9-11-96 are canceled. Chapters I-IX of DOE 5631.2C,
PERSONNEL SECURITY PROGRAM, of 9-15-92, remain in effect. Cancellation of an Order
does not, by itself, modify or otherwise affect any contractual obligation to comply with such an
Order. Canceled Orders that are incorporated by the reference in a contract shall remain in effect
until the contract is modified to delete the reference to the requirements in the canceled Orders.
3. APPLICABILITY.
a. DOE Elements. This Order applies to:
(1) DOE Access Permittees, through the process of issuing Access Permits under Title
10, Code of Federal Regulations, Parts 725 and 1016; and
(2) other individuals who require DOE access authorizations in order to be afforded
access to DOE classified matter and/or SNM.
Section 2
b. Contractors. This Order applies to DOE contractors, and subcontractors at any tier, whose
employees, consultants, and agents require access to DOE classified matter and/or SNM to
perform work for DOE. Covered contracts shall contain a security clause or other provision
that ensures compliance with the requirements of this Order. Attachment 1, the "Contractor
Requirements Document," establishes requirements for contractors to the extent set forth in
a contract. Contractors shall be directed to continue to comply with the requirements of the
Order canceled by this Order until their contracts are modified to delete the references to
canceled Order requirements.
4. REQUIREMENTS. Definitions of commonly-used terms are provided in the Safeguards and
Security Glossary of Terms, and selected definitions are also set forth in sections 710.5 (Subpart
A) and 710.54 (Subpart B) of Title 10, Code of Federal Regulations, Part 710, hereafter referred
to as "10 CFR 710".
a. Personnel Security Assurance Program (PSAP).
(1) An individual shall not be processed under 10 CFR 710, Subpart B, to determine
suitability for Federal, contractor, or other employment.
(2) An individual shall not occupy a PSAP-designated position (hereafter referred to as a
"PSAP position") until approval has been granted by a PSAP Approving Official.
(3) A PSAP Implementation Plan shall be prepared for each site or facility with PSAP
positions.
b. Personnel Security Program.
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(1) No individual shall be permitted access to classified matter and/or SNM under DOE
control until that individual has been determined to be eligible for such access in
accordance with the procedures in this Order, Chapters I-IX of DOE 5631.2C, 10
CFR 710, or other DOE Orders or Manuals, e.g., DOE O 470.1, SAFEGUARDS
AND SECURITY PROGRAM, Chapter VIII, dated 9-28-95. (See Attachment 2,
"Access to Classified Matter Allowed by Type of DOE Access Authorization and
Initial Investigation Requirements," and Attachment 3, "Access to SNM Allowed by
Type of DOE Access Authorization.")
(2) For DOE employees and contractors, access authorizations shall be requested only for
individuals selected to occupy positions that require the incumbent to have access to
classified matter and/or SNM in order to perform official work for DOE.
(3) DOE shall accept and process requests for, and grant or reinstate, only Q and L
access authorizations.
(4) Except as authorized by this Order and Chapters I-IX of DOE 5631.2C, only United
States citizens are eligible for access authorizations.
(5) A request for access authorization shall be processed only when the need-for-access is
clearly justified, and of the type (Q or L) required, to avoid the unnecessary
expenditure of DOE funds and other resources and the unwarranted invasion of an
individual's privacy.
(6) Individuals under DOE cognizance must possess a DOE Q access authorization prior
to being afforded access to any category of classified matter designated as "Top
Secret," "CRYPTO," "COMSEC," or "Sensitive Compartmented Information."
(7) The dissemination of personnel security information and Personnel Security File data
shall be controlled in accordance with the Privacy Act of 1974, as amended, and DOE
directives.
(8) Access authorizations shall not be processed (i.e., requested, granted, continued,
reinstated, transferred, or extended) to:
(a) allow the dissemination of classified matter on other than a need-for-access
basis;
Section 3
(b) preclude the use of access controls or physical barriers to distinguish perimeters
among security areas or between security and open areas;
(c) alleviate responsibilities for escorting uncleared individuals within a security
area;
(d) establish a pool of cleared employees;
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(e) accommodate an individual's personal convenience, expedience, gain, or
advantage, or anticipation of unspecified future classified work; or
(f) determine suitability for Federal, contractor, or other employment. (NOTE:
For Federal employees, the investigative reports provided to DOE for
determining access authorization eligibility may also be used to determine
employment suitability; however, an access authorization may not be requested
specifically for the purpose of obtaining investigative reports for an employment
suitability determination.)
(9) Initial access authorization requests, reinvestigations, or other requests for an access
authorization action shall not be processed:
(a) unless all of the required forms have been legibly completed, signed (when
appropriate), and provided by the applicant, access authorization holder, and/or
sponsor;
(b) if the preprinted content of the forms has been altered; or
(c) if insufficient, incorrect, or conflicting information is provided.
(10) As a condition of access authorization approval, individuals shall execute a consent
form for investigative agencies to obtain, on behalf of DOE and during the access
authorization period and for 3 years thereafter, their commercially available financial
records, consumer credit reports, and travel records.
(11) An individual shall not be granted access authorization for certain types of classified
matter stipulated in Chapters I-IX of DOE 5631.2C, nor be allowed to occupy a
position designated as requiring such access authorization, unless the individual:
(a) files with the Secretary or designee a financial disclosure report, including
information with respect to the individual's spouse and dependent children, as
part of all background investigations and reinvestigations;
(b) is subject to annual financial disclosure requirements, if selected by the
Secretary or designee; and
(c) files relevant information concerning foreign travel, as determined by the
Security Policy Board under Executive Order 12968.
(12) Except as authorized by the Director of Security Affairs, an individual's access
authorization eligibility shall be based on the review of investigative reports provided
to DOE by the Office of Personnel Management (OPM), the Federal Bureau of
Investigation (FBI), or another Federal agency authorized to conduct background
investigations.
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(13) DOE shall take all reasonable measures to obtain existing investigative reports that
may fulfill DOE standards and specifications for the scope and extent of
investigations, as established by the Secretary, for use in determining an individual's
access authorization eligibility.
(14) DOE shall, whenever possible, grant access authorizations based upon the interagency
reciprocity procedures in Chapters I-IX of DOE 5631.2C.
(15) DOE shall not submit a request for investigation to the OPM or the FBI if the
individual (being processed by DOE) is currently being investigated by these or
another agency for access authorization or security clearance purposes, unless the
type of investigation, when completed, will not be sufficient for DOE's needs.
Section 4
(16) The use of interim access authorizations shall be kept to the absolute minimum and
considered only when properly requested in accordance with procedures in this Order
and Chapters I-IX of DOE 5631.2C.
(17) Determinations for access to Restricted Data pursuant to section 145b, Atomic
Energy Act of 1954, as amended, shall be used only for: the President and Vice-
President; Federal justices, judges, and magistrates; members of Congress; and State
governors and lieutenant governors.
(18) A Foreign Ownership, Control, or Influence (FOCI) determination shall be rendered
for a covered contractor by DOE before DOE acts to grant, reinstate, continue,
extend, or transfer an access authorization for the contractor's personnel.
(19) When information contained in investigative reports, or the receipt of other reliable
information, raises a question concerning an individual's access authorization
eligibility, additional actions may be authorized for collecting relevant information
pertaining to the eligibility determination. If the question is favorably resolved, the
access authorization shall be granted, continued, or reinstated. If the question cannot
be favorably resolved, the individual's access authorization shall be determined under
10 CFR 710, Subpart A.
(20) Only DOE employees who are so authorized in writing shall determine an individual's
access authorization eligibility or render other formal determinations that affect an
individual's access authorization status. (NOTE: This requirement does not preclude
a contractor from having an employee execute a "Security Termination Statement" or
restricting an employee's access to classified matter or SNM prior to notifying the
cognizant DOE office.)
(21) DOE employees authorized to render access authorization eligibility determinations
shall receive training in decision-making prior to actually rendering such
determinations.
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(22) All individuals processed for access authorizations shall be treated equally, regardless
of their employment status, to preclude the appearance, inference, or practice of
partiality or favoritism.
(23) Any DOE officer or employee who uses personnel security activities to coerce,
restrain, threaten, intimidate, or retaliate against individuals for exercising their rights
under any statute, regulation, or DOE directive shall be subject to appropriate
disciplinary action.
(24) Except as authorized by the Director of Security Affairs, individuals with access
authorizations shall be periodically reinvestigated as stipulated in Chapters I-IX of
DOE 5631.2C.
(25) DOE security officials are authorized to request updated security forms in order to
process a periodic reinvestigation, or at any time when there is probable cause that the
individual may have been engaged in an activity, or subject to circumstances, that
affect continued access authorization eligibility.
(26) Except for Access Permittees who reimburse the DOE for investigation costs at rates
established by the DOE's Chief Financial Officer, DOE assumes security investigation
costs associated with processing individuals for initial access authorizations and
reinvestigations. The DOE's Chief Financial Officer reserves the right to designate
specific DOE programs or activities responsible for the reimbursement of such costs.
(27) Within 2 working days of receipt of notification that an individual no longer requires
access to classified matter and/or SNM, DOE will terminate the individual's access
authorization.
Section 5
(28) DOE shall maintain, as stipulated in Chapters I-IX of DOE 5631.2C, a Personnel
Security File, in either paper or electronic form, for each individual processed for
access authorization.
(29) DOE shall maintain a personnel security automated information system for recording
all access authorization transactions.
(30) In all matters related to personnel security activities, DOE retains absolute authority.
The procedures in this Order, Chapters I-IX of DOE 5631.2C, and 10 CFR 710 are
not subject to collective bargaining between Federal and contractor management and
labor.
c. Deviations. Requests for deviations from the requirements in this Order and Chapters I-IX
of DOE 5631.2C shall be processed in accordance with Paragraph 4f(3) of DOE O 470.1,
SAFEGUARDS AND SECURITY PROGRAM. Requests for deviations from the
requirements and procedures of 10 CFR 710 shall not be approved.
5. RESPONSIBILITIES AND AUTHORITIES.
a. Heads of Headquarters Elements.
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(1) Ensure that the PSAP is implemented for all applicable operations and/or activities for
which they have programmatic responsibility.
(2) Recommend Headquarters positions for inclusion under PSAP when those positions
are not identified as PSAP positions under 10 CFR 710.55(a) and (b).
(3) Submit interim access authorization requests to the Director of Security Affairs,
through the Director of Safeguards and Security, in accordance with Chapters I-IX of
DOE 5631.2C.
(4) Determine the access authorization requirement, if any, for each position under their
cognizance occupied by a DOE employee, applicant for employment, consultant, or
other agency assignee and, when appropriate, ensure that access authorization
requirements are stated in position descriptions, vacancy announcements, consultative
agreements, and agreements with other agencies that provide for assignees to DOE.
(5) Ensure that all requests for staff access authorizations are coordinated with their
Servicing Personnel Office.
(6) Approve and transmit directly to the Director of Safeguards and Security for
processing, with written justification, access authorization requests (including requests
for access authorization reinstatement, extension, or transfer) for the following
individuals under their cognizance:
(a) employees of other agencies assigned or detailed to DOE, including members of
the Armed Forces and/or civilian employees of the Department of Defense
(DoD) and the National Aeronautics and Space Administration (NASA);
(b) employees, consultants, or agents of DOE contractors and subcontractors;
(c) foreign nationals (see Chapters I-IX of DOE 5631.2C); and
(d) any other individual who will perform work for, be trained by, or represent
DOE under any formal agreement, understanding, contract, or treaty.
(7) Provide written verification of the continuing need for access authorizations by
individuals under their cognizance when periodically requested to do so by the
Director of Safeguards and Security.
(8) Provide written notification to the Director of Safeguards and Security of the
following conditions affecting access authorizations for individuals under their
cognizance:
(a) within 2 working days for termination of an individual's access authorization;
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(b) within 8 working hours upon becoming aware that an individual has been
hospitalized or is otherwise being treated for a mental illness or such other
condition as may cause a significant defect in the individual's judgment or
reliability; and
Section 6
(c) within 2 working days of becoming aware of derogatory information of
personnel security interest concerning the individual. Such information must be
reliable and relevant in terms of the clearance criteria exemplified in 10 CFR
710.8 (a copy of which may be obtained from the Director of Safeguards and
Security).
(9) Ensure that individuals under their cognizance granted, or in process for, access
authorizations are aware of the reporting requirements in paragraphs 5p and 5q
below.
(10) Designate a staff representative(s) responsible for administering the coordinating
functions required by, and the review of procurement falling within the scope of, this
Order and Chapters I-IX of DOE 5631.2C. Unless a designation is made,
procurement originators shall be responsible for coordinating the requirements of this
Order and Chapters I-IX of DOE 5631.2C, with the Director of Safeguards and
Security.
b. Director of Nonproliferation and National Security, through the Director of Security Affairs
and the Director of Safeguards and Security, acts as the Senior Agency Official responsible
for the direction and administration of the DOE Personnel Security Program. (Delegation
Order 0204-154, of 1-23-96.)
(1) Director of Security Affairs.
(a) Acts for the Secretary to authorize access to DOE classified matter and/or
SNM prior to, or in lieu of, the completion of the required investigation in
accordance with section 145b of the Atomic Energy Act of 1954, as amended,
when such action is determined to be clearly consistent with the national
interest. (Delegation Order 0204-154.)
(b) Acts as the Secretary's special designee to determine whether statements or
evidence may be received by a Hearing Officer in accordance with 10 CFR
710.26(l)(2) and 710.26(o)(1) and (2).
(c) Renders final determinations to grant or deny, or reinstate or revoke, DOE
access authorizations under 10 CFR 710.28(e) and (f) and performs other
specific responsibilities under 10 CFR 710.
(d) Promulgates and establishes safeguards and security requirements, procedures,
standards, and guidance for the PSAP and Personnel Security Program.
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(e) Authorizes Field Elements to implement, operate, and maintain Personnel
Security Program activities as prescribed in this Order and Chapters I-IX of
DOE 5631.2C.
(f) Implements Headquarters Personnel Security Program activities.
(g) Provides to the Chief Financial Officer annual estimates of the funds required to
reimburse other agencies for investigations requested by DOE for access
authorization and employment suitability determinations, and for the conduct of
program-related activities.
(h) Authorizes Field Elements annually to submit requests for investigations, on a
scheduled basis, directly to the OPM and the FBI within a specifically allocated
total dollar amount and/or a specifically allocated total number of investigations
by type.
(i) Approves any adjustments to Field Element annual investigations allocations.
(j) Coordinates with the OPM and the FBI on matters related to reimbursable costs
for investigations and approves such reimbursements from DOE funds.
(2) Director of Safeguards and Security.
(a) Develops rules and directives for the PSAP and Personnel Security Program.
(b) Performs all responsibilities specified in, and provides recommendations (as
appropriate) to the Secretary or Director of Security Affairs on the disposition
of cases processed under, 10 CFR 710.
Section 7
(c) Approves requests to initiate access authorization processing of foreign
nationals.
(d) Reviews, evaluates, and recommends to the Director of Security Affairs
approval of requests to authorize access to DOE classified matter and/or SNM
prior to, or in lieu of, completion of required investigations.
(e) Enters into Memoranda of Agreement or Understanding to allow and control
access to DOE Personnel Security and Administrative Review Files, and/or
personnel security data bases by representatives of DOE elements or other
Federal agencies.
(f) Establishes and manages a centralized automated information system to record
all DOE access authorization transactions.
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(g) Authorizes access authorization certifications, verifications, or other related
data in response to official requests or inquiries by other Federal agencies and
by foreign governments with which agreements exist for DOE to provide such
information.
(h) Approves the review of Headquarters-maintained Personnel Security Files by
accredited representatives of Federal investigative agencies and such other
routine users as specified under Privacy Act and DOE regulations and maintains
official records of such reviews.
(i) Conducts interagency liaison with the OPM and the FBI on all personnel
security activities and notifies these agencies of the cancellation of requests for
investigation in Headquarters cases.
(j) Represents DOE in interagency efforts related to personnel security activities.
(k) Initiates investigation of spouses or cohabitants of individuals who marry or
cohabitate after being processed for access authorizations.
(l) Initiates investigations and grants DOE access authorizations for access to
Restricted Data for DoD and NASA personnel assigned for duty with DOE or a
DOE contractor, or with other Federal agencies.
(m) Initiates investigations and grants DOE access authorizations to other Federal
agency personnel when required.
(n) Accepts properly executed security clearance certifications for DoD and NASA
personnel assigned for duty with DOE and who require access to DOE
classified matter and/or SNM.
(o) Updates periodically the list of DOE "positions of a high degree of importance
or sensitivity." (See Attachment 4.)
(p) Ensures that specialized training is provided for DOE Personnel Security
Specialists, program support personnel, and other DOE employees involved in
the access authorization eligibility determination process.
(q) Conducts periodic program reviews, as directed or requested, of DOE
personnel security activities to ensure uniform, fair, and objective
implementation and application of the requirements in this Order, Chapters I-IX
of DOE 5631.2C, and 10 CFR 710.
(r) Serves as the sole contact with investigative agencies in determining whether
sufficient personal history information can be obtained to determine an
individual's access authorization eligibility.
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(s) Retains duplicate Personnel Security Files at Headquarters on selected Field
Element officials as indicated in Chapters I-IX of DOE 5631.2C, and for all
foreign nationals with a DOE access authorization.
(t) Develops and/or approves all forms used in implementing personnel security
activities.
(u) Reviews PSAP Implementation Plans and subsequent changes for consistency
with requirements.
(v) Develops and provides training curricula and materials for implementing PSAP.
(w) Provides research and analysis in PSAP-related activities.
Section 8
(x) Provides Office of Inspector General staff with access to Personnel Security
Files and data during any investigation into reprisal complaints alleging abuses
of the personnel security requirements or procedures, and notifies the Inspector
General of any reprisal complaint alleging improper conduct involving any
Office of Nonproliferation and National Security official.
(y) Executes the following personnel security management functions for DOE
Headquarters, Energy Technology Centers, Power Marketing Administrations,
and the Strategic Petroleum Reserve Project Office:
1 implements and administers PSAP and Personnel Security Program
activities consistent with this Order, Chapters I-IX of DOE 5631.2C, and
10 CFR 710; and
2 performs responsibilities in this Order assigned to Managers (except
those that reflect a reporting, processing, or referral requirement to the
Director of Safeguards and Security).
c. General Counsel.
(1) Performs responsibilities in 10 CFR 710, Subpart A, for Headquarters administrative
review cases.
(2) Reviews administrative review cases for legal sufficiency prior to a final determination
by the Director of Security Affairs when the Hearing Officer and the Director of
Hearings and Appeals are of one opinion, and the Director of Security Affairs is of the
opposite opinion.
d. Chief Counsels of Field Elements perform responsibilities in 10 CFR 710, Subpart A.
e. Director of Hearings and Appeals performs responsibilities in 10 CFR 710, Subpart A.
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f. Director, Naval Nuclear Propulsion Program implements and oversees all requirements in
this Order and Chapters I-IX of DOE 5631.2C for activities under the Director's
cognizance.
g. Inspector General investigates reprisal complaints alleging abuses of the personnel security
requirements or procedures.
h. Headquarters Servicing Personnel Offices.
(1) Process and transmit to the Director of Safeguards and Security all access
authorization requests received from Headquarters Elements for DOE employees and
applicants for employment.
(2) Resolve employment suitability issues for Headquarters DOE employees and
applicants for employment prior to an initial or continuing access authorization
eligibility determination by the Director of Safeguards and Security.
i. Managers of the Albuquerque, Chicago, Idaho, Nevada, Oakland, Oak Ridge, Richland, and
Savannah River Operations Offices, the Rocky Flats Field Office, and the Pittsburgh and
Schenectady Naval Reactors Offices for PSAP.
(1) Identify individuals whose official duties fall within the definition of a "PSAP position"
at a DOE site/facility under their cognizance.
(2) Ensure that a PSAP Implementation Plan is prepared for each site/facility with PSAP
positions and provide the plan to the Director of Safeguards and Security for review
and comment.
(3) Review and approve PSAP Implementation Plans and ensure that a PSAP is
implemented at the site/facility within 30 working days of its Plan approval.
(4) Approve PSAP Implementation Plan changes and notify the Director of Safeguards
and Security of such changes.
(5) Recommend to the Director of Safeguards and Security additional positions for
designation as PSAP positions as they are identified and justified.
(6) Process requests for individuals to occupy PSAP positions and perform other
responsibilities consistent with 10 CFR 710, Subpart B.
Section 9
j. Managers of the Albuquerque, Chicago, Idaho, Nevada, Oakland, Oak Ridge, Richland, and
Savannah River Operations Offices, the Rocky Flats Field Office, and the Pittsburgh and
Schenectady Naval Reactors Offices for the Personnel Security Program.
(1) Ensure implementation, administration, and operation of program activities for all
covered contractors, subcontractors, Access Permittees, and staff under their
cognizance consistent with this Order, Chapters I-IX of DOE 5631.2C, and 10 CFR
710.
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(2) Ensure training complies with the requirements in Chapters I-IX of DOE 5631.2C.
(3) Shall, prior to submitting a request for investigation to an investigative agency for an
individual under their cognizance:
(a) determine the position access authorization requirements and the type of
investigation to be conducted;
(b) ensure that the access authorization justification and security forms are
adequate and complete;
(c) verify that the request from a Management and Operating Contractor, or other
specified contractor, is accompanied by the preemployment or pre-processing
checks required by 48 CFR 970.2201(b)(1)(ii) and that, except for foreign
nationals, each contractor request is accompanied by verification of the
individual's United States citizenship: (See Attachment 1, paragraph 3b.)
(d) establish a Personnel Security File for the individual and enter appropriate data
into the DOE personnel security data management system;
(e) determine whether current investigative reports exist that can be obtained and
used by DOE as a basis for determining the individual's access authorization
eligibility;
(f) determine whether the individual is being concurrently processed for an access
authorization or security clearance by another agency; and
(g) verify that funds are available to reimburse the appropriate investigative agency.
(4) Initiate requests directly with the OPM and the FBI for: initial investigations;
reinvestigations; supplemental, additional, or upgrade investigations; and cancellations
of investigations in progress.
(5) Implement procedures requiring DOE supervisors and DOE contractors under their
cognizance to provide verbal notification within 2 working days and written
confirmation within the next 10 working days to a designated DOE personnel security
official of the following conditions affecting an applicant's or employee's access
authorization status (i.e., notification should not be provided if the individual does not
hold, or is not in process for, a DOE access authorization):
(a) when aware of an individual's hospitalization or other treatment for a mental
illness or other condition that may cause a significant defect in the individual's
judgment or reliability;
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(b) when aware of information of personnel security interest. Such information
must be characterized as reliable and relevant and create a question as to an
individual's access authorization eligibility as exemplified in 10 CFR 710.8 (see
the reverse of DOE F 5631.18, "DOE Security Acknowledgment"); and
(c) when an individual's access authorization should be terminated.
(6) Request the Director of Safeguards and Security to approve initiation of an
investigation of a foreign national under their cognizance proposed for employment in
a position that will require the incumbent to possess a DOE access authorization.
Section 10
(7) Refer to the Director of Safeguards and Security DOE access authorization requests
for: other Federal agency employees, consultants, and contractors; members of
Congress and congressional staffers; and State governors and lieutenant governors.
(8) Provide to the Director of Safeguards and Security for processing "Data Report on
Spouse" forms completed by individuals under their cognizance who marry or
cohabitate after having been granted, or while being processed for, DOE access
authorizations.
(9) For access to Secret and/or Confidential National Security Information and/or
Formerly Restricted Data involved in DOE contracts and subcontracts, accept written
assurances that the facility personnel engaged in DOE work possess a final security
clearance from another Federal agency at the appropriate level for access to National
Security Information.
(10) For the purpose of granting access to Confidential Restricted Data involved in DOE
contracts and subcontracts, accept written assurances that facility personnel engaged
in DOE work possess a final security clearance from another Federal agency at the
appropriate level for access to National Security Information, in accordance with the
stipulations in Chapters I-IX of DOE 5631.2C.
(11) Render a favorable Foreign Ownership, Control, or Influence determination for
covered contractors prior to taking a final access authorization action.
(12) Transmit requests for interim access authorization to the Director of Safeguards and
Security.
(13) Delegate authorities and responsibilities in writing to all DOE employees conducting
program activities covered by this Order, Chapters I-IX of DOE 5631.2C, or 10 CFR
710 and maintain a current record of the following: (NOTE: Delegations may be
made in a DOE employee's official position description.)
(a) DOE employees authorized to grant, continue, extend, reinstate, transfer,
upgrade, downgrade, and/or terminate access authorizations;
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(b) DOE and DOE contractor employees authorized to review Personnel Security
Files; and
(c) DOE and DOE contractor employees authorized to access data contained in the
DOE personnel security data management system.
(14) Grant, continue, extend, reinstate, transfer, upgrade, downgrade, and terminate access
authorizations for individuals under their cognizance in all cases except those
processed under 10 CFR 710 procedures.
(15) Render determinations, in accordance with 10 CFR 710 procedures, to:
(a) suspend processing an access authorization application or terminate an
individual's access authorization;
(b) suspend an individual's access authorization; and
(c) grant, reinstate, deny, or revoke an access authorization when the individual
does not, or fails to, request a hearing before a DOE Hearing Officer or when
the individual's administrative review case is remanded to the Manager by the
Hearing Officer for a determination.
(16) Inform individuals in writing whose access authorization eligibility has been favorably
resolved following a personnel security interview or other action, when individuals
request such written notification.
(17) Effect appropriate actions and notifications when the access authorization of an
individual under their cognizance is suspended, granted, revoked, reinstated, denied,
or terminated under 10 CFR 710 procedures.
Section 11
(18) Accept investigations and reports on the character, associations, and loyalty of
individuals made by OPM, FBI, or another Federal agency that conducts personnel
security investigations, provided that such investigations meet the scope and extent of
DOE standards and were completed within the most recent 10 years and updated, as a
minimum, with at least a National Agency Check in the most recent 5 years. (Refer to
Chapters I-IX of DOE 5631.2C for acceptable variations of this requirement.)
(19) Ensure, to the extent practicable, that personal history information on employment
forms completed by DOE employees and applicants for employment is consistent with
information reflected on existing or new personnel security forms. The comparability
review shall be completed prior to forwarding personnel security forms to an
investigative agency or effecting other personnel security actions.
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(20) Maintain and protect Personnel Security Files containing copies of investigative
reports and other pertinent and relevant data on individuals who are processed for
access authorizations.
(21) Approve and maintain records of the review of Personnel Security Files by authorized
other agency personnel and other routine users under DOE implementing regulations
for the Privacy Act.
(22) Ensure that all access authorization transactions effected for individuals under their
cognizance are accurately recorded in the DOE personnel security data management
system.
(23) Ensure that investigative reports on DOE employees and applicants for employment
under their cognizance are reviewed and adjudicated by the appropriate Servicing
Personnel Office for employment suitability issues prior to access authorization
eligibility determinations.
(24) Arrange with other office Managers to provide operational and/or administrative
support services or assistance when the location of an individual or facility justifies
such an arrangement as a practical matter of convenience, economy, or benefit to
DOE.
(25) Request Director of Safeguards and Security approval for the use of locally-generated
forms in the conduct of personnel security activities.
(26) Ensure that all individuals under their cognizance performing personnel security
activities are aware of the prohibition against reprisal or discrimination toward any
individual who has made a protected disclosure or engaged in protected activities.
k. PSAP Approving Officials.
(1) Participate in the DOE personnel security review process to determine the eligibility
of an applicant or incumbent to occupy a PSAP position.
(2) Approve placement/continuation in PSAP positions of applicants and incumbents and
advise appropriate management.
(3) Ensure implementation of PSAP education and training.
(4) Immediately notify, for the purpose of limiting access, the appropriate management
official of a personnel security action that results in the suspension of access
authorization of an individual in a PSAP position.
l. Managers of DOE Organizations and Contractors Having PSAP Positions.
(1) Prepare a PSAP Implementation Plan and manage PSAP activities consistent with 10
CFR 710, Subpart B, which includes the identification of PSAP positions at
sites/facilities under their cognizance.
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(2) Conduct a drug testing program for PSAP position applicants and incumbents in
accordance with 10 CFR 707.
Section 12
(3) Ensure that supervisory reviews and medical assessments are conducted and
recommendations offered for PSAP position applicants and incumbents during the
conduct of initial and annual reviews, and at any other time, as appropriate.
(4) Immediately notify the PSAP Approving Official of information that represents a
security concern regarding a PSAP employee.
m. Site Occupational Medical Directors.
(1) Conduct initial and annual medical examinations of PSAP position applicants and
employees as provided for in DOE medical standards for management.
(2) Review and take appropriate action regarding referrals for unusual conduct of PSAP
position employees.
(3) Recommend to the appropriate management official and PSAP Approving Official the
temporary reassignment to non-PSAP duties of a PSAP employee when the Site
Occupational Medical Director becomes aware of a condition or circumstance that
may affect the employee's judgment or reliability. (See 10 CFR 710.8.)
(4) Advise the appropriate management official and PSAP Approving Official of any
security concern regarding a PSAP employee.
(5) Evaluate and recommend the return to work of a PSAP employee who has been on
sick leave for 5 or more consecutive workdays.
n. Supervisors and Selecting Officials of Individuals in PSAP Positions.
(1) Conduct supervisory reviews of PSAP position applicants and incumbents in
accordance with 10 CFR 710.57.
(2) Ensure that individuals seeking or occupying PSAP positions are informed of their
program responsibilities and have executed the appropriate PSAP releases,
acknowledgments, and waivers to facilitate the collection and dissemination of
information and the performance of drug testing and medical examinations.
(3) Immediately notify the appropriate management official of a security concern relating
to a PSAP employee.
(4) Refer PSAP employees exhibiting unusual conduct to the Site Occupational Medical
Director for review and appropriate action.
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(5) Approve the return to work of a PSAP employee who has been on sick leave for 5 or
more consecutive workdays upon receipt of a written recommendation to return to
work from the Site Occupational Medical Director.
o. DOE Contractors and Subcontractors and Access Permittees.
(1) DOE Contractors and Subcontractors shall follow requirements in Attachment 1,
"Contractor Requirements Document."
(2) DOE Access Permittees for the Personnel Security Program shall implement and
administer effective and efficient program procedures to ensure compliance with the
requirements of 10 CFR 725 and 1016 and the objectives and requirements of this
Order.
p. Individuals Assigned to PSAP Positions.
(1) Execute PSAP releases, acknowledgments, and waivers to facilitate the collection and
dissemination of information and the performance of drug testing and medical
examinations.
(2) Notify the Site Occupational Medical Director immediately of a physical or mental
condition requiring medication or treatment.
(3) Report in person, prior to returning to work, to the Site Occupational Medical
Director following sick leave of 5 or more consecutive workdays.
(4) Comply with the requirements listed in paragraph 5q below.
q. Individuals Applying for or Granted DOE Access Authorizations.
Section 13
(1) Provide full, frank, and truthful answers to relevant and material questions and, when
requested, furnish or authorize others to furnish information that DOE deems
pertinent to the access authorization eligibility process. This obligation applies when
completing security forms, during the course of an initial investigation and
reinvestigation, and at any stage of access authorization processing including, but not
limited to, letters of interrogatory, personnel security interviews, DOE-sponsored
mental evaluations, and other authorized DOE investigative activities. An individual
may elect not to cooperate; however, such refusal may prevent DOE from granting or
continuing access authorization. In this event, any access authorization in effect may
be terminated or, for applicants, further processing may be suspended (refer to 10
CFR 710.6[a]).
(2) Directly notify the cognizant DOE personnel security office of the following:
(NOTE: Verbal notification is required within 2 working days followed by written
confirmation within the next 3 working days.)
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(a) all arrests, criminal charges (including charges that are dismissed), or detentions
by Federal, State, or other law enforcement authorities for violations of law,
other than traffic violations for which only a fine of $250 or less was imposed,
within or outside of the United States;
(b) personal or business-related filing for bankruptcy;
(c) garnishment of wages;
(d) legal action effected for name change;
(e) change in citizenship; and
(f) employment by, representation of, or other business-related association with a
foreign or foreign-owned interest or foreign national.
(3) Notify the cognizant DOE personnel security office or the facility security officer, as
appropriate, immediately after any approach or contact by any individual seeking
unauthorized access to classified matter or SNM. If such an approach or contact is
made while on foreign travel, notify a Department of State official at the local United
States Embassy or Consulate with a request that the Department of State report the
incident to the Director of Safeguards and Security at DOE Headquarters. These
requirements are in addition to any similar reporting requirements implemented under
DOE 5670.3, COUNTERINTELLIGENCE PROGRAM.
(4) Provide to the cognizant DOE personnel security office a completed DOE F 5631.34,
"Data Report on Spouse," in accordance with Chapters I-IX of DOE 5631.2C.
6. CONTACT. Contact the Personnel Security Policy Program Manager at (301) 903-6637 for
assistance.
BY ORDER OF THE SECRETARY OF ENERGY
ARCHER L. DURHAM
Assistant Secretary for
Human Resources and Administration
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DOE O 472.1B Attachment 1
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CONTRACTOR REQUIREMENTS DOCUMENT
PERSONNEL SECURITY ACTIVITIES
This document, which is equivalent to the Personnel Clearances Section of the National Industrial
Security Program Operating Manual, prescribes requirements, restrictions, and other procedures
necessary for Department of Energy (DOE) contractors to:
a. prevent the unauthorized disclosure of classified matter;
b. protect special nuclear materials (SNM); and
c. control the authorized disclosure of classified matter released by DOE and other Federal
agencies.
The Atomic Energy Act of 1954, as amended, provides the statutory basis for DOE's Personnel
Security and Personnel Security Assurance Programs, which encompass sets of activities for
determining an individual's eligibility for access to Restricted Data and SNM.
Section 14
Executive Orders 10865, 12829, 12958, and 12968 establish DOE authority to determine an
individual's eligibility for access to other classified matter and to promulgate requirements for
contractors to protect classified matter.
1. GENERAL REQUIREMENTS.
a. Requests for access authorization shall not be submitted until the contractor has been
awarded a DOE contract and has submitted to DOE the required paperwork for a Foreign
Ownership, Control or Influence (FOCI) determination.
b. Access authorization requests may be submitted to DOE pending completion of the FOCI
determination; however, a favorable FOCI determination must be rendered by DOE before
an access authorization will be granted, reinstated, continued, extended, or transferred for
the contractor's applicant for employment (hereafter referred to as "applicant") or employee.
c. An access authorization request shall be submitted to DOE only after the contractor's
determination that the access authorization is essential for the individual to perform tasks or
services stipulated in contract provisions (i.e., for an applicant or employee selected to
occupy a position that requires the incumbent to access classified matter and/or SNM in
order to perform work for DOE).
d. An access authorization shall not be requested or continued to:
(1) allow the dissemination of classified matter on other than a need-for-access basis;
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(2) preclude the use of access controls or physical barriers to distinguish perimeters
among security areas or between security areas and open areas;
(3) determine an individual's suitability for employment;
(4) alleviate responsibilities for escorting uncleared individuals within a security area;
(5) establish a pool of cleared employees; or
(6) accommodate an individual's personal convenience, expedience, gain, or advantage, or
anticipation of unspecified classified work.
e. An access authorization shall be requested (or recertified as continuing to be needed) only
when required, and only for the type (Q or L, see paragraph 2 below) required, to avoid the
unnecessary expenditure of DOE resources and the unwarranted invasion of an individual's
privacy.
f. Individual access to classified matter or SNM shall not be permitted until notification has
been received from DOE that access authorization has been granted, reinstated, extended, or
transferred. Verbal notification from a DOE official may be accepted, to be followed by
written confirmation of the action.
g. Except as authorized by DOE in paragraph 6 below, access authorizations shall be requested
only for individuals who are United States citizens.
h. Only authorized DOE employees can render a formal access authorization determination
(such as eligibility and termination); however, contractors are authorized to effect actions
that affect an individual's access, such as restricting access to classified matter or SNM when
access eligibility terminates or obtaining a "Security Termination Statement" prior to the
individual's departure.
i. Logistical assistance shall be provided to DOE and investigative agencies as reflected in
paragraph 4 below for the conduct of initial investigations and periodic reinvestigations, and
for reinvestigations that are conducted when DOE determines that an employee may have
been engaged in an activity or subject to circumstances that affect continued access
authorization eligibility.
Section 15
j. The provisions of DOE O 472.1B, PERSONNEL SECURITY ACTIVITIES, dated 03-24-
97, Chapters I-IX of DOE 5631.2C, PERSONNEL SECURITY PROGRAM, dated 2-17-
94, and Title 10, Code of Federal Regulations, Part 710 (10 CFR 710) are not subject to
collective bargaining between contractor management and labor (i.e., DOE retains authority
in all matters related to DOE personnel security activities).
k. An individual's active access authorization status shall not be used as a determining factor
for hiring, entering into a consultant agreement, or awarding a subcontract.
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l. DOE personnel security requirements and procedures shall not be used by contractor
management or other employees to coerce, restrain, threaten, intimidate, or retaliate against
individuals for exercising their rights under any statute, regulation, or DOE directive.
m. Unless otherwise stipulated, the contractor shall not be required to reimburse DOE for DOE
costs associated with processing the contractor's applicants or employees for investigations
or other access authorization related actions.
n. Access authorizations shall be requested and maintained at the minimum number necessary
to ensure operational efficiency, and shall be terminated as required in paragraph 7 below.
2. ACCESS AUTHORIZATION DETERMINATION REQUIREMENTS. When the duties of
a position will require the incumbent to access DOE classified matter and/or SNM, the contractor
shall process the selectee for either a DOE Q or L access authorization if the selectee does not
already possess the appropriate type of DOE access authorization. The type of access
authorization to be requested will depend on the category (Restricted Data, Formerly Restricted
Data, or National Security Information) and level (Top Secret, Secret, or Confidential) of
classified matter and/or category of SNM (I, II, III, or IV) to which the incumbent will require
access.
a. For Access to Classified Matter.
(1) Q Access Authorization shall be requested when the duties of the position require
access to any of the following: (NOTE: A Q access authorization also allows the
individual access to the categories/levels of classified matter listed in paragraph 2a[2]
below.)
(a) Top Secret or Secret Restricted Data;
(b) Top Secret Formerly Restricted Data;
(c) Top Secret National Security Information; or
(d) Any category or level of classified matter designated as "COMSEC,"
"CRYPTO," or "Sensitive Compartmented Information."
(2) L Access Authorization shall be requested when the duties of the position require
access to any of the following:
(a) Confidential Restricted Data;
(b) Secret or Confidential Formerly Restricted Data; or
(c) Secret or Confidential National Security Information.
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b. For Access to SNM. Reference DOE M 5632.1C-1, MANUAL FOR PROTECTION AND
CONTROL OF SAFEGUARDS AND SECURITY INTERESTS, Table II-1. (NOTE: An
access authorization granted for SNM also allows the individual access to the appropriate
categories/levels of classified matter on a need-to-know basis.)
(1) Category I. Q access authorization. (NOTE: Hands-on access to or transportation
of Category I quantities may require additional measures, such as Personnel Security
Assurance Program or Personnel Assurance Program [reference DOE O 452.2,
SAFETY OF NUCLEAR EXPLOSIVE OPERATIONS] participation and/or
enhanced nuclear material surveillance procedures to further reduce the probability of
an insider act.)
Section 16
(2) Category II with Credible Rollup to Category I. Q access authorization.
(3) Categories II and III. An L access authorization unless special circumstances
determined by a site vulnerability assessment, and documented in the Site Safeguards
and Security Plan, require a Q access authorization.
(4) Category IV. None unless special circumstances determined by a site vulnerability
assessment, and documented in the Site Safeguards and Security Plan, require an
access authorization to minimize risk.
3. PRE-EMPLOYMENT AND PRE-PROCESSING REQUIREMENTS.
a. The following statement shall be included in advertisements for positions that require the
selectees to be processed for an access authorization: "Applicants selected will be subject to
a Federal background investigation and must meet eligibility requirements for access to
classified matter." The statement may be modified, as appropriate, to reflect access to
SNM and/or that additional reviews and/or testing procedures are required for selectees to
Personnel Security Assurance Program or Personnel Assurance Program positions.
b. The contractor shall require applicants and employees selected for a position requiring an
access authorization to provide evidence of United States citizenship and shall verify such
evidence to DOE when requesting that the individual be processed for an access
authorization. (See paragraphs 3c[2] and 4a below.) (NOTE: The contractor is not
required to obtain and verify to DOE evidence of United States citizenship if the individual
was previously granted access authorization and was a United States citizen when the access
authorization was granted.) Acceptable evidence of United States citizenship consists of the
following:
(1) For an individual born in the United States, a birth certificate is the primary and
preferred means of citizenship verification. Acceptable certificates must show that the
birth record was filed shortly after birth and it must be certified with the registrar's
signature. It must bear the raised, impressed, or multi-colored seal of the registrar's
office. The only exception is if a state or other jurisdiction does not issue such seals
as a matter of policy. Uncertified copies of birth certificates are not acceptable. A
delayed birth certificate (one created when a record was filed more than 1 year after
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the date of birth) is acceptable if it shows that the report of birth was supported by
acceptable secondary evidence of birth. Secondary evidence may include baptismal or
circumcision certificates, hospital birth records, or affidavits of persons having
personal knowledge about the facts of the birth. Other documentary evidence can be
early census, school or family records, newspaper files, or insurance papers. All
documents submitted as evidence shall be original or certified.
(2) For an individual claiming citizenship by naturalization, a certificate of naturalization
that reflects the individual's name is required.
(3) For an individual claiming citizenship acquired by birth abroad to a United States
citizen, one of the following (reflecting the individual's name) is required:
(a) a Certificate of Citizenship issued by the Immigration and Naturalization
Service;
(b) a Report of Birth Abroad of a Citizen of the United States of America (Form
FS-240); or
(c) a Certificate of Birth (Form FS-545 or DS-1350).
(4) A United States passport, current or expired.
Section 17
(5) A Record of Military Processing - Armed Forces of the United States (DD Form
1966), provided it reflects that the individual is a United States citizen.
c. The requirements in this subparagraph apply to DOE Management and Operating
Contractors and other DOE contractors who operate DOE-owned facilities and must
comply with 48 CFR 970.2201[b][1][ii].
(1) When an access authorization will be required for an applicant or employee, the
contractor shall conduct the following checks, as appropriate, to establish the
individual's job qualifications and suitability before submitting the access authorization
request to DOE:
(a) a credit check;
(b) verification of high school degree/diploma or degree/diploma granted by an
institution of higher learning within the past 5 years;
(c) contacts with listed references;
(d) contacts with listed employers for the past 3 years (excluding employment of
less than 60 days duration, part-time employments, and craft/union
employments);
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(e) local law enforcement checks when such checks are not prohibited by state or
local law, statute, or regulation, and when the individual has resided in the
jurisdiction where the contractor is located.
(2) The results of the checks conducted in the paragraph above shall be verified to DOE
with the individual's security forms, verification of United States citizenship as
required in paragraph 4a below, and a statement that all information concerning the
individual has been favorably reviewed in accordance with the contractor's personnel
policies. The following information shall be provided to DOE for each check
conducted by the contractor:
(a) the date the check was conducted;
(b) the identity of the individual, office, or entity that provided the information; and
(c) a synopsis of the information provided to the contractor.
(3) An applicant hired specifically for a position that will require an access authorization
shall not be placed in that position prior to the access authorization being granted by
DOE unless an exception has been obtained from the Head of the Contracting Activity
or designee.
(4) The contractor shall not conduct the checks or provide verifications to DOE
stipulated in subparagraphs 3c(1) and 3c(2) above for:
(a) individuals who hold a DOE access authorization or a security clearance
granted by another Federal agency;
(b) Federal employees (including members of the Armed Forces) detailed or
assigned to the contractor; or
(c) an employee previously granted an access authorization or a security clearance
at the contractor's request that was subsequently terminated because it was no
longer needed, if the individual has been continuously employed by the
contractor since that time.
d. The contractor shall not concurrently process an applicant or employee for an access
authorization and a security clearance with another Federal agency. If an applicant or
employee is selected to occupy a position that will require both a DOE Q access
authorization and another agency Top Secret security clearance, the request for a Q access
authorization shall first be submitted to DOE. After DOE has granted a Q access
authorization, the contractor should then request the other agency Top Secret security
clearance for the individual, noting the date DOE granted a Q access authorization and the
individual's DOE Personnel Security File number. When the other agency receives the
contractor's request, the individual's security forms, and DOE access authorization
information, coordination will be effected with the DOE to obtain information necessary for
granting the Top Secret security clearance. The same procedure shall be followed for an
individual who will require both a DOE L access authorization and another agency Secret
Section 18
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security clearance. For dissimilar types of access (e.g., Q and Secret, or L and Top Secret),
concurrent DOE and other agency requests may be processed. Further implementation
guidance concerning this requirement may be obtained from the cognizant DOE office.
4. PROCESSING ACCESS AUTHORIZATION REQUESTS TO DOE.
a. Access authorization requests shall be forwarded through established channels to the
cognizant DOE office. Requests shall include the following documentation: (NOTE:
Additional documentation may be required by the cognizant DOE office.)
(1) A cover letter or form (if one is provided by the cognizant DOE office) that requests
Q or L access authorization and provides justification for access authorization
processing. The justification shall describe in detail (without revealing classified
information) the duties of the position and the category(ies)/level(s) of classified
matter and/or category of SNM to be accessed. The contractor shall also identify any
other Federal agency access authorization or security clearance that has been granted
to the individual at the contractor's request.
NOTE: General statements such as "Access authorization is required to perform
contractual duties," or "Access authorization is required in support of Contract
Number ," are unacceptable, as are statements that corporate policy requires
all applicants or employees to be processed for access authorizations. The following
represents an acceptable justification: "Mr./Ms. is a Computer Systems
Engineer with ABC, Inc., and involved in systems analysis in support of XE-50. The
duties of the position will require access to plans and operations concerning the
Tritium Recovery Facility for the MHGTR, which are classified as Secret Restricted
Data. Contract No ."
(2) Verification of the individual's evidence of United States citizenship.
(3) Required security forms, usually a Standard Form 86, fingerprint cards, and a DOE
Security Acknowledgment. (NOTE: Security forms and instructions shall be
provided by the cognizant DOE office. When the duties of the position will involve
access to Special Access Programs, information classified as "Top Secret," or
classified matter designated as "Sensitive Compartmented Information," "CRYPTO,"
or "Weapon Data," the individual may be required to file Financial Disclosure
Reports, copies of which shall be provided by the cognizant DOE office.)
(4) For DOE Management and Operating Contractors and other DOE contractors as
required, verification that pre-processing checks have been conducted as indicated in
paragraph 3c(2) above.
(5) The DOE Contract or Subcontract Number under which access authorization is being
requested.
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b. Individuals shall be advised that his/her completed security forms will be reviewed by
designated contractor employees for completeness prior to submission to DOE. The
contractor may elect to maintain, or not maintain, copies of the individual's security forms in
paper or electronic format. If the contractor elects to maintain copies of the individual's
security forms, the individual shall be informed of the contractor's policy to maintain copies
of the security forms, the contractor's procedures for protecting the information from
unauthorized disclosure, and the procedures by which the individual may obtain access to, or
copies of, his/her security forms that are maintained by the contractor. The contractor shall
recommend to the individual that he/she maintain copies of the completed security forms for
his/her personal records. (NOTE: The cognizant DOE office shall establish local
procedures governing contractor access to the completed Part 2 of the Standard Form 86.)
Section 19
c. Written procedures shall be established for the protection of access authorization
information, to include the procedures for:
(1) designating the employees responsible, and trained in the procedures, for reviewing
the individual's completed security forms prior to their submission to DOE; and
(2) informing all employees with access to completed security forms, pre-employment or
pre-processing check information, and other access authorization related information
of their responsibility to protect the information from unauthorized disclosure.
d. Deficient access authorization requests may be returned to the contractor by the cognizant
DOE office with an indication of the deficiency(ies). The contractor shall ensure that the
deficiency(ies) is (are) corrected and shall return the request to the cognizant DOE office for
processing. The contractor shall ensure that the individual being processed for an access
authorization is not provided access to classified matter or SNM until the cognizant DOE
office notifies the contractor that an access authorization has been granted, reinstated,
extended, or transferred. Verbal notification of the access authorization action from the
cognizant DOE office will be confirmed by a DOE written notification.
e. Contractor management shall assist in the timely processing of access authorization actions
by:
(1) cooperating with investigative agency and DOE requests for access to the individual's
contractor employment or personnel information (such requests shall be accompanied
by an appropriate release signed by the individual);
(2) ensuring the availability of the individual for the conduct of personal interviews by
investigative agency or DOE personnel security staff; and
(3) ensuring that other employees are made available to provide background information
during the conduct of initial investigations and reinvestigations.
f. Each DOE prime contractor shall be responsible for reviewing, approving, and submitting to
DOE access authorization requests for their subcontractor, consultant, or agent applicants
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or employees. Such requests shall be kept to a minimum in accordance with DOE requirements.
5. INTERIM ACCESS AUTHORIZATION REQUEST.
a. The contractor may request that an individual who is being processed for a Q access
authorization also be processed for an interim access authorization (IAA) based on the
following justification: (NOTE: Specific information substantiating the following must be
provided.)
(1) serious delay of or interference in a DOE program may be experienced unless the
named individual is granted an access authorization prior to the completion of full
access authorization procedures; and,
(2) the services of a qualified person with an active Q access authorization cannot be
obtained.
b. The IAA request shall accompany the required documentation in paragraph 4a above.
c. Individuals processed for an IAA may be asked to voluntarily participate in the DOE
Accelerated Access Authorization Program, which involves psychological, drug, and
counterintelligence polygraph testing at the Accelerated Access Authorization Program
Center, Albuquerque, New Mexico. Transportation and per diem costs for such processing
are the contractor's responsibility. Additional information concerning the Accelerated
Access Authorization Program is available from the cognizant DOE office.
Section 20
d. The contractor may provide the individual access to classified matter upon receipt of written
notification from the cognizant DOE office that the IAA has been approved. The DOE shall
also notify the contractor if the IAA is not approved. Non-approval of an IAA is not a
denial of access authorization and is not appealable. DOE full access authorization
procedures will continue in either case.
e. If an individual's IAA approval is withdrawn by DOE, the contractor shall, upon receipt of
verbal notification from the cognizant DOE office, ensure that the individual is precluded
from access to classified matter. DOE shall confirm the verbal notification in writing.
Withdrawal of an individual's IAA approval by DOE is not a denial or revocation of an
access authorization and is not appealable. Withdrawal of an individual's IAA approval does
not halt the processing of the Q access authorization request.
f. If the DOE grants a final Q access authorization, the individual's IAA approval will be
withdrawn and the contractor so notified in writing.
g. The contractor shall not request an IAA for individuals requiring L access authorizations or
for foreign nationals.
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6. ACCESS AUTHORIZATION REQUEST FOR A FOREIGN NATIONAL.
a. A request for an access authorization for a foreign national shall be processed in accordance
with the guidance provided by the cognizant DOE office.
b. The request shall be made only when the contractor can provide clear evidence that the
individual has talents or skills essential to the DOE's mission and not possessed to a
comparable degree by an available United States citizen.
c. The request shall not be processed by DOE if sufficient information cannot be obtained by
an investigation to determine the individual's access authorization eligibility.
d. A foreign national granted access authorization shall not be provided access to the following
types of classified matter:
(1) "Top Secret," "CRYPTO," or "COMSEC" information.
(2) Intelligence information.
(3) Information that has not been determined releasable by a United States Government
Designated Disclosure Authority to the country of which the individual is a citizen.
(4) NATO Information; however, a foreign national of a NATO member nation may be
authorized access to NATO Information provided that:
(a) a NATO Security Clearance Certificate is obtained by DOE from the
individual's home country; and
(b) NATO Information access is limited to performance on a specific NATO
contract.
(5) Information for which foreign disclosure has been prohibited in whole or in part.
(6) Information provided to the United States Government in confidence by a third party
government and classified information furnished by a third party government.
7. REPORTING AND OTHER REQUIREMENTS.
a. Contractor Reporting Requirements. Verbal notification within 2 working days followed by
written confirmation within the next 10 working days shall be provided through established
channels to the cognizant DOE office of the following conditions affecting an applicant's or
employee's access authorization status:
(1) when an applicant declines the offer of employment or fails to report for duty;
(2) for any reason iterated in paragraph 7c below;
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(3) when aware of an individual's hospitalization or other treatment for a mental illness or
other condition that may cause a significant defect in the individual's judgment or
reliability;
Section 21
(4) when made aware of information of personnel security interest. Such information
must be characterized as reliable and relevant and create a question as to an
individual's access authorization eligibility as exemplified in 10 CFR 710.8 (see the
reverse of DOE F 5631.18);
(5) when a foreign national under the contractor's cognizance becomes a United States
citizen through naturalization or effects any other change in his/her citizenship status;
or
(6) when the contractor restricts or withdraws an employee's access to classified matter
or SNM without DOE direction.
b. Individual Reporting Requirements. Contractors shall inform individuals under their
cognizance applying for or granted access authorizations that they are personally responsible
for the following: (NOTE: Requirements for the individual to report circumstances of
security interest directly to the cognizant DOE office do not preclude the contractor from
requiring the individual to also report these circumstances to the contractor's personnel
security office or facility security officer.)
(1) Providing full, frank, and truthful answers to relevant and material questions, and
when requested, furnishing or authorizing others to furnish information that DOE
deems pertinent to the access authorization eligibility process. This applies when
completing security forms, during the course of an initial investigation and
reinvestigations, and at any stage of access authorization processing including but not
limited to letters of interrogatory, personnel security interviews, DOE-sponsored
mental evaluations, and other authorized DOE investigative activities. An individual
may elect not to cooperate; however, such refusal may prevent DOE from granting or
continuing access authorization. In this event, any access authorization then in effect
may be terminated or further processing may be suspended.
(2) Directly notifying the cognizant DOE office of the following: (NOTE: Verbal
notification is required within 2 working days followed by written notification within
the next 3 working days.)
(a) all arrests, criminal charges (including charges that are dismissed), or detentions
by Federal, State, or other law enforcement authorities for violations of the law,
other than traffic violations for which only a fine of $250 or less was imposed,
within or outside of the United States;
(b) personal or business-related filing for bankruptcy;
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(c) garnishment of wages;
(d) legal action effected for name change;
(e) change in citizenship; and
(f) employment by, representation of, or other business-related association with a
foreign or foreign-owned interest, or foreign national.
(3) Notifying the cognizant DOE office or the facility security officer, as appropriate,
immediately after any approach or contact by any individual seeking unauthorized
access to classified matter or SNM. If such an approach or contact is made while on
foreign travel, individuals should notify a Department of State official at the local
United States Embassy or Consulate with a request that the Department of State
report the incident to the Director of Safeguards and Security at DOE Headquarters.
This requirement is in addition to any similar reporting requirements implemented
under DOE 5670.3, COUNTERINTELLIGENCE PROGRAM.
Section 22
(4) Providing a completed DOE F 5631.34, "Data Report on Spouse," directly to the
cognizant DOE office within 45 calendar days of marriage to, or cohabitation with, an
individual who does not currently hold access authorization. These forms shall be
provided by the cognizant DOE office.
c. Access Authorization Termination Requests. The contractor shall request the cognizant
DOE office(s) to terminate an employee's access authorization and shall provide a DOE F
5631.29, "Security Termination Statement," completed by the employee whenever any of
the following occur: (NOTE: The purpose of the DOE F 5631.29 is to ensure that the
individual is aware of his/her continuing responsibilities to protect classified matter after
termination of an access authorization. The cognizant DOE office shall be requested to
terminate an employee's access authorization even though a completed DOE F 5631.29
cannot be immediately provided.)
(1) employment by the contractor is terminated;
(2) access authorization is no longer required;
(3) the individual is on a leave of absence or on extended leave and will not require access
for 90 consecutive calendar days. Upon request, this interval may be adjusted at the
discretion of the cognizant DOE office;
(4) access to classified matter or SNM is no longer required due to transfer to a position
not requiring such access (NOTE: The cognizant DOE office may approve a
contractor request for an individual to retain an access authorization when the
contractor verifies that the individual shall be reemployed or reassigned by the
contractor within the next 3 months in a position that will require an access
authorization. The contractor shall inform the cognizant DOE office of the
individual's employment status at the end of the 3 month interval.); or
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(5) the individual leaves for foreign travel, employment, assignment, education, or
residence of more than 3 months duration not involving official United States
Government business. (NOTE: This requirement applies even if the individual
remains employed by the contractor.)
d. Access Authorization Reinstatement Requests. The contractor shall request the cognizant
DOE office to reinstate access authorization for an applicant or employee when the
contractor is aware that the individual previously was granted an access authorization. The
cognizant DOE office shall advise the contractor whether the individual must complete a
new set of security forms or update information that the individual previously provided.
e. Access Authorization Upgrade Requests. The contractor shall request the cognizant DOE
office to upgrade an employee's access authorization from L to Q in accordance with the
new access requirements associated with the duties of the position (reference paragraph 2
above). The request shall be accompanied by appropriate security forms and a revised
access authorization justification statement, as directed by the cognizant DOE office.
f. Access Authorization Downgrade Requests. The contractor shall request the cognizant
DOE office to downgrade an employee's access authorization from Q to L in accordance
with the new access requirements associated with the duties of the position (reference
paragraph 2 above). The request shall be accompanied by a revised access authorization
justification statement.
Section 23
g. Access Authorization Extension Requests. Extension of an access authorization is the
process that allows an individual to hold concurrent access authorizations: under the
cognizance of two or more DOE offices; under two or more employers; or for one employer
under two or more contracts. A Q access authorization can be extended as either a Q or L
access authorization, but an L access authorization can only be extended as an L access
authorization. The contractor shall request an access authorization extension under the
following circumstances:
(1) for an applicant who has an access authorization granted by DOE at the request of
another employer and who must retain that access authorization in connection with
his/her other employment (NOTE: This is a common situation for consultants. A
contractor may request an extension for more than one DOE contract.); or
(2) for an employee when the individual will be assigned to perform classified work under
more than one DOE contract and must retain the original access authorization in
connection with his/her continued work under the first DOE contract.
The contractor's request for access authorization extension shall be accompanied by a
written access authorization justification statement and shall reference the individual's full
name, and Social Security Account Number, and, if known, DOE Personnel Security File
number and type/date of access authorization. The cognizant DOE office shall advise the
contractor if additional security forms are required to effect the extension. The contractor
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shall ensure that the individual is precluded from access to classified matter or SNM
associated with the second contract until notified by the cognizant DOE office that the
extension request has been approved. Under the extension process, an employee's access
authorization can be terminated under one contract while being maintained in an active
status under another contract(s). The contractor shall notify all cognizant DOE offices
when the employee no longer requires access authorization under any of the contractor's
DOE contracts (reference paragraph 7c above).
h. Access Authorization Transfer Requests. Transfer of an access authorization is the process
that allows an individual's access authorization to be simultaneously terminated under one
contract and granted under another contract. A transfer can be effected only for like access
authorizations (i.e., Q to Q, or L to L). The contractor shall request an access authorization
transfer under the following circumstances:
(1) for an applicant when the individual has an access authorization granted by DOE at
the request of his/her current employer that will be terminated when the individual
leaves that employment; (NOTE: This action involves a change of employers for the
individual.) or
(2) for an employee when the individual will be assigned to perform classified work under
a different contract than the one for which he/she was originally granted an access
authorization, and will no longer require access to classified matter associated with
the original contract. (NOTE: This action involves a change of contracts for the
individual under one employer.)
Section 24
The contractor's request for access authorization transfer shall be accompanied by a written
access authorization justification statement and shall reference the individual's full name,
Social Security Account Number, and, if known, DOE Personnel Security File number and
type/date of access authorization. The cognizant DOE office shall advise the contractor if
additional security forms are required to effect the transfer action. The contractor shall
ensure that the individual is precluded from access to classified matter or SNM until notified
by the cognizant DOE office that the transfer request has been approved. When applicable,
the cognizant DOE office processing the transfer request is responsible for ensuring that the
DOE office that originally granted the individual's access authorization is notified to
terminate the individual's access authorization associated with his/her previous employment.
i. Access Authorization Suspension, Revocation, and Denial.
(1) The cognizant DOE office is responsible for notifying the contractor in writing when
an employee's access authorization is suspended. Upon receipt of such notification,
the contractor shall ensure that the employee is precluded from access to classified
matter and/or categories of SNM requiring an access authorization. If so directed, the
contractor shall retrieve from the employee any identification reflecting active access
authorization. The cognizant DOE office is responsible for notifying other DOE
offices or Federal agencies where the employee has been approved/certified for access
to classified matter. When the security issue(s) concerning the employee's access
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authorization status has been resolved, the contractor shall be notified in writing by
the cognizant DOE office of whether the employee's access authorization has been
reinstated or revoked.
(2) The cognizant DOE office shall notify the contractor in writing when an applicant or
employee has been denied access authorization. Upon receipt of such notification, the
contractor shall ensure that the individual is precluded from access to classified matter
and/or categories of SNM requiring an access authorization.
(3) Suspension, denial, or revocation of an individual's access authorization does not
preclude the contractor from assigning or transferring the individual to duties that do
not require an access authorization.
j. Records Maintenance.
(1) Current records shall be maintained which reflect by contract number all employees
granted access authorizations. The listing shall include the employee's name, DOE file
number, and the date the contractor was notified by DOE that the employee's access
authorization was granted, reinstated, extended, or transferred.
(2) Copies of correspondence to and from the cognizant DOE office(s) that reflect access
authorization matters for each applicant and employee shall be maintained, including:
the request for access authorization, notification that access authorization action was
effected, and access authorization termination actions. Such copies shall be
maintained while the individual holds an access authorization at the contractor's
request and for a period of 2 years after the date the contractor requests DOE to
terminate the individual's access authorization, at which time they may be destroyed.
Section 25
(3) All records and information pertaining to applicant and employee access authorization
matters, including copies of security forms and information collected from the conduct
of pre-employment or pre-processing checks, shall be protected against unauthorized
disclosure in accordance with the Privacy Act of 1974 (Title 5, United States Code,
552a) and/or DOE directives. Information collected by the contractor for access
authorization processing shall not be used by the contractor for any purpose other
than that for which it is intended and shall not be provided to non-contractor
employees or any other entity or organization without prior approval from the
cognizant DOE office.
k. Recertifications and Reinvestigations.
(1) The contractor shall comply with periodic DOE requests to recertify its employees'
access authorization status. Usually, the cognizant DOE office will furnish the
contractor with a listing of its applicants and employees who hold or are being
processed for access authorizations, and request that the contractor annotate the
listing with any corrections or adjustments and return the listing in a timely
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manner. Recertification, or an examination of access authorization records, also may
be requested during the conduct of a DOE security survey. Specific recertification
guidance shall be provided by the cognizant DOE office.
(2) The contractor shall assist DOE in the conduct of periodic reinvestigations in
accordance with guidance provided by the cognizant DOE office (reference paragraph
4e above).
8. PERSONNEL SECURITY ASSURANCE PROGRAM REQUIREMENTS. The contractor
shall prepare a Personnel Security Assurance Program (PSAP) Implementation Plan when its site,
facility, or an operation is identified as having PSAP Positions, and shall implement the provisions
of the PSAP Implementation Plan within 30 working days of its approval. The PSAP
Implementation Plan, prepared in accordance with 10 CFR 710 and DOE directive requirements,
shall reflect the PSAP requirements to which the contractor has agreed.
9. DOE AND NUCLEAR REGULATORY COMMISSION (NRC) ACCESS
AUTHORIZATIONS. Both the DOE and the NRC grant Q and L access authorizations. The
term "access authorization(s)" in this document refers only to DOE access authorizations.
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ACCESS TO CLASSIFIED MATTER
ALLOWED BY TYPE OF DOE ACCESS AUTHORIZATION
AND INITIAL INVESTIGATION REQUIREMENTS
TYPES OF CLASSIFIED MATTER AND CLASSIFICATION LEVELS
Type of DOE Access
Authorization
Restricted
Data
Formerly
Restricted Data
National Security
Information
Q* allows access to
these levels of
classified matter
Top Secret
Secret
Confidential
Top Secret
Secret
Confidential
Top Secret
Secret
Confidential
L** allows access to
these levels of
classified matter
----------
Confidential
Secret
Confidential
Secret
Confidential
*For an initial DOE Q access authorization, an Office of Personnel Management (OPM)
Single-Scope Background Investigation or Federal Bureau of Investigation (FBI) Background
Investigation (for "Positions of a High Degree of Importance or Sensitivity") is required.
Completed investigations by other agencies can be obtained and used by DOE for determining
an individual's Q access authorization eligibility if the scope and extent of the investigation
meets DOE specifications.
Section 26
**For an initial DOE L access authorization, an OPM Limited Background Investigation is
required for DOE employees and applicants for employment; and at least an OPM National
Agency Check with Credit is required for all other individuals. A more extensive investigation
can be used as a basis for determining an individual's L access authorization eligibility.
The type of investigation scheduled with the OPM may be upgraded at the discretion of DOE
personnel security officials when information provided by the individual on the security forms, or from
other sources, reflects the need to obtain more detailed information than is normally provided as the
result of a Limited Background Investigation or National Agency Check with Credit.
DOE will not normally request a concurrent investigation for an individual who is already being
investigated by an agency for personnel security purposes unless the resultant reports of investigation
will not be sufficient in scope and extent to use as a basis for determining the individual's eligibility for
a DOE access authorization.
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ACCESS TO SPECIAL NUCLEAR MATERIALS
ALLOWED BY TYPE OF DOE ACCESS AUTHORIZATION
SPECIAL
NUCLEAR
MATERIALS
CATEGORY
TYPE OF DOE
ACCESS
AUTHORIZATION
REQUIRED
REMARKS
I Q Hands-on access or transportation of Category
I quantities may require additional measures
such as Personnel Security Assurance Program
or Personnel Assurance Program participation
and/or enhanced material surveillance
procedures to further reduce the probability of
inside acts.
II with credible
rollup to I
Q
II and III L Unless special circumstances determined by site
vulnerability assessment require a Q access
authorization to minimize risk. Document in
Site Safeguards and Security Plan.
IV None Unless special circumstances determined by site
vulnerability assessment require an access
authorization to mitigate risk. Document is
Site Safeguards and Security Plan.
Reference: Page II-3, DOE M 5632.1C-1, of 7-15-94
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POSITIONS OF A HIGH DEGREE OF IMPORTANCE OR SENSITIVITY
When an individual is selected to occupy one of the Federal positions listed below, his/her security
forms shall be submitted to the Federal Bureau of Investigation (FBI)for the conduct of a background
investigation. The resultant reports of investigation shall be reviewed by DOE to determine
employment suitability and eligibility for access authorization.
In instances where an individual will occupy a position in the DOE requiring confirmation by the
United States Senate, an FBI background investigation will be scheduled by The White House staff
prior to the individual's name being sent to the United States Senate for confirmation hearings. After
an individual has been confirmed by the United States Senate, DOE will obtain a copy of the FBI
reports of investigation. This listing shall be periodically updated and reissued as circumstances
warrant.
A. DOE HEADQUARTERS
HEADQUARTERS
POSITION ROUTING SYMBOL
Secretary of Energy S
Deputy Secretary of Energy DS
Under Secretary of Energy US
Assistant Secretary for Congressional, Public, and Intergovernmental
Affairs
CP-1
Assistant Secretary for Defense Programs DP-1
Deputy Assistant Secretary for Military Application and Stockpile
Management
DP-20
Assistant Secretary for Environment, Safety and Health EH-1
Assistant Secretary for Environmental Management EM-1
Section 27
General Counsel GC-1
Assistant Secretary for Human Resources and Administration HR-1
Inspector General IG-1
Director of Nuclear Energy, Science, and Technology NE-1
Director of Nonproliferation and National Security NN-1
Director of Energy Intelligence NN-30
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Page 2 03-24-97
Director of Security Affairs NN-50
Assistant Secretary for Policy and International Affairs PO-1
B. DOE FIELD ELEMENTS
1. Manager, Albuquerque Operations Office
a Assistant Manager, Office of National Defense Programs
b. Director, Amarillo Area Office
c. Director, Kansas City Area Office
d. Director, Kirtland Area Office
e. Area Manager, Los Alamos Area Office
2. Manager, Chicago Operations Office
3. Manager, Idaho Operations Office
4. Manager, Nevada Operations Office
5. Manager, Oakland Operations Office
6. a. Manager, Oak Ridge Operations Office
b. Assistant Manager for Defense Programs
7. Manager, Ohio Field Office
8. Manager, Pittsburgh Naval Reactors Office
9. Manager, Richland Operations Office
10. Manager, Rocky Flats Field Office
11. Manager, Savannah River Operations Office
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REFERENCES
1. Title 5, United States Code, 552a, "Privacy Act of 1974," as amended, which establishes the legal
requirements for collecting and retaining information on individuals.
2. Title 21, United States Code, 802, "Controlled Substances Act of 1970," which defines illegal
drugs.
3. Title 42, United States Code, 2011, et seq., "Atomic Energy Act of 1954, as amended," which
provides statutory authority for establishing and implementing a Department of Energy (DOE)
security program for controlling access to Restricted Data and special nuclear materials.
4. Title 5, Code of Federal Regulations, Part 732, "Personnel Security," which implements
Executive Order 10450 throughout the Federal agencies.
5. Title 5, Code of Federal Regulations, Part 736, "Personnel Investigations," which deals primarily
with the conduct of investigations by the Office of Personnel Management.
6. Title 10, Code of Federal Regulations, Part 707, "Workplace Substance Abuse Programs at DOE
Sites," which establishes procedures for drug testing in DOE.
7. Title 10, Code of Federal Regulations, Part 710, "Criteria and Procedures for Determining
Eligibility for Access to Classified Matter or Special Nuclear Material," which establishes
procedures for determining an individual's eligibility for a DOE access authorization (Subpart A)
or for occupying a DOE Personnel Security Assurance Program designated position (Subpart B).
8. Title 10, Code of Federal Regulations, Part 725, "Permits for Access to Restricted Data," which
establishes procedures and standards for the issuance of Access Permits.
9. Title 10, Code of Federal Regulations, Part 1008, "Records Maintained on Individuals (Privacy
Act)," which establishes the procedures to implement the provisions of the Privacy Act of 1974
within DOE.
10. Title 10, Code of Federal Regulations, Part 1016, "Safeguarding of Restricted Data," which
establishes requirements for protecting Secret and Confidential Restricted Data received or
developed under an access permit.
11. Title 48, Code of Federal Regulations, 970.2201, "Basic Labor Policies," which establishes
employment standards for management and operating contractors, including preemployment
check requirements.
Section 28
12. Title 53, Code of Federal Regulations, 11970, "Department of Health and Human Services:
Mandatory Guidelines for Federal Workplace Drug Testing Programs," which contains
requirements for conducting drug testing.
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13. Executive Order 10450, "Security Requirements for Government Employees," of 4-27-53, as
amended, which establishes the requirements for determining that all Federal employees are loyal,
reliable, trustworthy, and of good conduct and character.
14. Executive Order 10865, "Safeguarding Classified Information Within Industry," of 2-20-60, as
amended, which establishes the basis for the industrial security program for civilian personnel.
15. Executive Order 12564, "Drug-Free Federal Workplace," of 9-15-86, which establishes the
requirement to conduct drug testing of Federal employees in sensitive positions.
16. Executive Order 12829, "National Industrial Security Program," of 1-6-93, which establishes a
program to protect Federal classified information released to its contractors, licensees, and
grantees.
17. Executive Order 12958, "Classified National Security Information," of 4-17-95, which prescribes
a uniform system for classifying, protecting, and declassifying national security information.
18. Executive Order 12968, "Access to Classified Information," of 8-2-95, which establishes a
uniform Federal personnel security program for employees who will be considered for initial or
continuing access to classified information.
19. National Security Directive 63, "Single Scope Background Investigations," of 10-21-92, which
establishes the scope and extent of the investigation used as a basis in the Federal Government to
determine an individual's eligibility for a Top Secret security clearance and/or eligibility for access
to Sensitive Compartmented Information.
20. Director of Central Intelligence Directive (DCID) No. 1/14, "Personnel Security Standards and
Procedures Governing Eligibility for Access to Sensitive Compartmented Information (SCI)," of
1-22-92.
21. Department of Defense "National Industrial Security Program Operating Manual (DoD 5220.22-
M)," of January 1995, and the "National Industrial Security Program Operating Manual
Supplement" (DoD 5220-22-M-Sup 1), of February 1995, which establish minimum security
requirements for the protection of classified matter by Government contractors and which replace
the Department of Defense "Industrial Security Manual for Safeguarding Classified Information,"
of January 1991.
22. Department of Energy Delegation Order No. 0204-154, of 1-23-96, which authorizes the
Director of Security Affairs to make determinations of eligibility (in accordance with section
4.2[a] of Executive Order 12958), prescribe such regulations or Orders as deemed necessary to
protect Restricted Data, and make determinations pursuant to section 145b of the Atomic Energy
Act of 1954, as amended.
23. DOE G 1700.1, FREEDOM OF INFORMATION PROGRAM, of 11-19-79, which recommends
procedures for processing requests made to DOE under the Freedom of Information Act.
24. DOE G 1800.1A, PRIVACY ACT, of 8-31-84, which establishes DOE implementation
guidelines for the Privacy Act of 1974.
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25. DOE O 470.1, SAFEGUARDS AND SECURITY PROGRAM, of 9-28-95, which establishes
the requirements and responsibilities for the DOE Safeguards and Security Program.
Section 29
26. DOE M 5632.1C-1, MANUAL FOR PROTECTION AND CONTROL OF SAFEGUARDS
AND SECURITY INTERESTS, of 7-15-94, which establishes the requirements for the
protection and control of DOE safeguards and security interests, including DOE access
authorization requirements for access to Categories I, II, III, and IV of SNM.
27. DOE Integrated Security System "User System Reference Manual," of November 1994, which
establishes for system users the system requirements, operations, and data input procedures for
the Central Personnel Clearance Index and other system components.
28. Office of Safeguards and Security "Adjudicative Guidelines for Determining Eligibility for Access
to Classified Matter and/or Special Nuclear Material," of April 1994, which establishes guidelines
for DOE personnel security officials in evaluating information of security concern in personnel
security cases.
29. Office of Safeguards and Security "Implementation Guidance for Title 10, Code of Federal
Regulations, Part 710, Subpart A (10 CFR 710)," of September 1994, which provides
supplemental instructions and guidance for DOE personnel security officials in the processing of
personnel security cases under DOE administrative review procedures.
30. Office of Safeguards and Security "Glossary of Terms," of 12-18-95, which contains Safeguards
and Security Program, National Industry Security Program, and related terms and definitions.
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