DOE O 472.2A, Personnel Security
Functional areas: Personnel Security, Security
The Order establishes requirements for DOE to operate a successful, efficient, and cost effective personnel security program to provide accurate, timely and equitable determinations of an individual's eligibility for access to classified information and/or Special Nuclear Material (SNM). Supersedes DOE O 472.2 Chg 2 (PgChg), dated 7/9/2014.
Supersedes:
DOE O 472.2 Chg 2 (PgChg), Personnel Security on Jun 10, 2022
Superseded By:
DOE O 472.2A Chg.1 (LtdChg), Personnel Security on Oct 28, 2024
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 472.2A Chg.1 (LtdChg)Personnel Security (Oct 28, 2024)
Supersedes
Earlier documents this one replaced.
- DOE O 472.2 Chg 2 (PgChg)Personnel Security (Jun 10, 2022)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
AVAILABLE ONLINE AT: INITIATED BY:
www.directives.doe.gov Office of Environment, Health, Safety and Security
U.S. Department of Energy ORDER
Washington, DC
Approved: 6-10-2022
SUBJECT: PERSONNEL SECURITY
1. PURPOSE. To establish requirements for the Department of Energy (DOE) to operate a
successful, efficient, and cost-effective personnel security program to provide accurate,
timely and equitable determinations of an individual's eligibility for access to classified
information and/or Special Nuclear Material (SNM).
a. This DOE Order sets forth requirements for personnel security program
management and work practices that support accomplishment of DOE missions in
a secure environment by individuals in whom both the Department and the
American people place their complete trust and confidence.
b. In all matters related to its internal personnel security activities, DOE retains
absolute authority. The procedures in this Order, the requirements of Title 10,
Code of Federal Regulations, part 710 (10 CFR 710), and the terms of Executive
Order 12968, including investigative and adjudicative standards issued pursuant
to its authority, are not subject to collective bargaining.
2. CANCELS/SUPERSEDES. This Order cancels or supersedes the following:
a. DOE O 472.2 Chg 2 (PgChg), Personnel Security, dated 7-9-14
b. Secretarial Action Memorandum, Implementation of Security Executive Agent
Directive 3, Reporting Requirements for Personnel With Access to Classified
Information or Who Hold a Sensitive Position, dated 9-10-17
c. Secretarial Memorandum, Implementation of Security Executive Agent Directive
8, Temporary Eligibility, dated 6-14-21
d. Deputy Secretarial Memorandum, Approval of Reform Recommendation on
Implementing SEAD 3, Reporting Requirements for Personnel with Access to
Classified Information or Who Hold a Sensitive Position, dated 1-25-2019
e. Deputy Secretarial Memorandum, Implementation of Security Executive Agent
Directive 7, Reciprocity of Background Investigations and National Security
Adjudications, dated 6-10-19
f. Deputy Secretarial Memorandum, Review of Processes and Standards for
Security Clearance Application Processing, dated 9-12-2018
g. Deputy Secretarial Memorandum, Revision of DOE Policy Regarding Application
of the Bond Amendment, dated 4-23-21
DOE O 472.2A
http://www.directives.doe.gov/
2 DOE O 472.2A
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h. Associate Under Secretary for Environment, Health, Safety and Security
Memorandum, Complex-wide Cessation of Personnel Security Interviews, dated
10-2-2018
i. Associate Under Secretary for Environment, Health, Safety and Security
Memorandum, Counterintelligence Risk Assessment Procedures, dated
11-20-2018
j. Associate Under Secretary for Environment, Health, Safety and Security
Memorandum, Guidance on Processing Security Clearance Applications for
Federal and Contractor Personnel, dated 10-24-2018
k. Associate Under Secretary for Environment, Health, Safety and Security
Memorandum, Security Executive Agent Directive 3, Unofficial Foreign Travel,
dated 6-27-2019
Cancellation of a directive does not, by itself, modify or otherwise affect any contractual
or regulatory obligation to comply with the directive. Contractor Requirements
Documents (CRDs) that have been incorporated into a contract remain in effect
throughout the term of the contract unless and until the contract or regulatory
commitment is modified to either eliminate requirements that are no longer applicable or
substitute a new set of requirements.
Section 2
3. APPLICABILITY.
a. Departmental Applicability. This Order applies to all Departmental elements,
offices and sites engaged at any level in the processing of national security
determination and security clearances, as set forth in this Order.
(1) The Administrator of the National Nuclear Security Administration
(NNSA) must assure that NNSA employees comply with their
responsibilities under this directive. Nothing in this directive will be
construed to interfere with the NNSA Administrator’s authority under
section 3212(d) of Public Law (P.L.) 106-65 to establish Administration-
specific policies, unless disapproved by the Secretary.
(2) The Administrator of the Bonneville Power Administration (BPA) will
ensure that BPA employees and contractors comply with their respective
responsibilities under this Order and its CRD, consistent with BPA’s
procurement, self-financing and statutory authorities.
b. DOE Contractors. Except for the equivalency in paragraph 3.c., the CRD
(Attachment 1) sets forth requirements of this Order that apply to contracts that
include the CRD. All site/facility management contracts involving classified
information or SNM must include this CRD and DOE Acquisition Regulation
(DEAR) clause 952.204-2, Security Requirements.
DOE O 472.2A 3
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c. Equivalencies/Exemptions for DOE O 472.2A.
(1) Exemption or Equivalency Requests. Requests for an Exemption or
Equivalency to this Order must be in accordance with DOE O 251.1,
Departmental Directives Program, current version, and must be sent in
memorandum form to the Director, Office of Security for advice.
(a) The memorandum must briefly justify the reason(s) for the
exemption or equivalency.
(b) The memorandum must reference the offices, or localities, and
requirements for which the exemption or equivalency is sought.
(2) Equivalency. In accordance with the responsibilities and authorities
assigned by Executive Order 12344, codified at Title 50 United States
Code (U.S.C.) sections 2406 and 2511, and to ensure consistency
throughout the joint Navy/DOE Naval Nuclear Propulsion Program
(NNPP), the Deputy Administrator for Naval Reactors will implement and
oversee requirements and practices contained in this Order for activities
related to personnel security under the NNPP.
4. REQUIREMENTS.
a. General.
(1) A security clearance is an administrative determination that an individual
is eligible for access to classified information and/or access to particular
types or categories of classified information or SNM.
(2) Unless otherwise specifically noted, the provisions of this Order apply
only to DOE (to include NNSA) Federal, contractor and subcontractor
employees, applicants for employment, political appointees, Other
Government Agency (OGA) personnel, and consultants.
(3) No individual will be provided access to classified information or SNM
unless that individual possesses a need-to-know, has been granted the
appropriate security clearance and has signed a SF-312, Classified
Nondisclosure Agreement, or other nondisclosure agreement approved by
the Director of National Intelligence. Access to, knowledge of, or
possession of classified information or SNM will not be afforded to any
individual solely by virtue of the individual's office, position, or security
clearance. Adjudicative personnel are prohibited from making security
clearance determinations until they have completed the National Training
Center's (NTC) Adjudication Fundamentals Course or other nationally
approved training and/or have received adequate initial on-the-job training
as determined by the Cognizant Personnel Security Office (CPSO). See
Attachment 6 for additional information.
Section 3
4 DOE O 472.2A
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(4) With the few exceptions noted in this Order and provided for in Executive
Order (EO) 12968, section 3.3; EO 13526, Classified National Security
Information, section 4.4; and Security Executive Agent Directive (SEAD)
8, Temporary Eligibility, or successor directive, individuals must not be
afforded access to classified information or SNM until they have been
granted a security clearance.
(5) Security clearances must not be processed merely to achieve the
following:
(a) Avoid the use of access controls or physical barriers to distinguish
perimeters among security areas or between security and open
areas or to alleviate responsibilities for escorting individuals
without security clearances within a controlled area. Federal Site
Managers may require such individuals under their cognizance to
have a security clearance if, in their judgment, operational
necessities or cost considerations require it and inadvertent access
to classified information by these individuals cannot otherwise be
reasonably prevented.
(b) Alleviate individual or management responsibilities for properly
protecting classified information or SNM or for controlling
dissemination of classified information or SNM on a need-to-know
basis.
(c) Establish a pool of employees with pre-existing security
clearances.
(d) Accommodate an individual's personal convenience, expedience,
gain, or advantage.
(e) Anticipate unspecified classified work.
(f) Determine suitability for Federal employment or fitness for
contractor employment. Background investigations requested for
national security eligibility will be shared with Human Capital
(HC), or the appropriate suitability adjudications office for
suitability or employment purposes.
(6) Only individuals who are United States (U.S). citizens who are at least 18
years of age are processed for or granted a security clearance.
(7) Except for circumstances described elsewhere in this Order, an
individual's security clearance is based on the review of investigative
reports provided to DOE by an authorized investigative service provider
(ISP).
DOE O 472.2A 5
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(8) All individuals processed for security clearances must be treated equally,
in accordance with the requirements set forth in this Order, to preclude the
appearance, inference or practice of partiality or favoritism. Anyone who
uses personnel security activities to coerce, restrain, threaten, intimidate,
or retaliate against individuals for exercising their rights under the
Constitution or under any statute, regulation or DOE directive are subject
to appropriate disciplinary action.
(9) Contractor applicants and employees must be processed for security
clearances in the same manner as Federal applicants and employees except
for such additional requirements or considerations which are imposed by
DOE O 470.4, Safeguards and Security Program, current version, and by
32 CFR 117, National Industrial Security Program Operating Manual
(NISPOM). For additional information, see Attachment 1.
b. Continuous Vetting. The CPSOs must implement Trusted Workforce
requirements consistent with the guidance in EO 13467, as amended, and the
Directors of National Intelligence (DNI) and the Office of Personnel Management
(OPM) Memorandum Transforming Federal Personnel Vetting: Continuous
Vetting and Other Measures to Expedite Reform and Transition to Trusted
Workforce 2.0, dated 01-15-2021, and the Federal Personnel Vetting Core
Doctrine. The DNI serves as the Security Executive Agent and the Director of
OPM serves as the Suitability and Credentialing Executive Agent. Requirements
for suitability determinations can be found in DOE O 3731.1, Suitability, Position
Sensitivity, Designations, and Related Personnel Matters, current version.
Requirements for credentialing determinations can be found in DOE O 206.2,
Identity, Credential, and Access Management, current version.
Section 4
c. Security Clearance and Access Authorization Types. Security clearances and
access authorizations denote an individual's eligibility for access to a particular
type of classified information or material, such as National Security Information
(NSI), Restricted Data (RD), Formerly Restricted Data (FRD), Transclassified
Foreign Nuclear Information (TFNI), or SNM. This section describes those
security clearances and access authorizations that are processed by DOE. Other
access determinations made by DOE are described in Attachment 2.
(1) Security Clearances.
(a) Top Secret. A Top Secret (TS) security clearance is required for
access to NSI, as defined by Executive Order 13526, classified at
the Top Secret level, FRD and TFNI (as defined by the Atomic
Energy Act of 1954, as amended [AEA]) at the Top Secret level. A
Top Secret security clearance also permits access to NSI, FRD, and
TFNI classified at the Secret and Confidential levels.
(b) Secret. A Secret (S) security clearance is required for access to NSI
and FRD classified at the Secret level. A Secret security clearance
6 DOE O 472.2A
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also permits access to NSI, FRD, and TFNI classified at the
Confidential level.
(c) Confidential. A Confidential (C) security clearance is required for
access to NSI, FRD, and TFNI classified at the Confidential level.
(d) The granting of a TS or S security clearance does not give the
recipient approval for a Q or L access authorization as defined in
4.c.(2) below. An appropriate need-to-know determination for the
recipient is also required.
(2) Access Authorizations.
(a) Q. A Q access authorization is required for and allows access to:
1 RD (as defined by the AEA), FRD and TFNI.
2 SNM, as defined by the AEA, designated as Category I and
other categories with credible roll-up to Category I.
3 Information and material described below for L access
authorizations.
4 Information listed under TS, S, and C security clearance, in
4.c.(1) above.
(b) L. An L access authorization is required for and allows access to:
1 RD classified at the C level and/or SNM designated as
Categories II and III, unless special circumstances
determined by a site vulnerability assessment and
documented in associated site security plans mandate
otherwise.
2 Information listed under S and C security clearance, in
4.c.(1)(b)-(c) above.
(c) Background investigative requirements for all security clearances
are mandated by national standards.
d. Central Personnel Clearance Index (CPCI). All applicable DOE personnel
security clearance actions (e.g., grants/upgrades/downgrades) will be recorded in
CPCI, the DOE system of record. Unless otherwise indicated, all security
clearance applicable actions will be automatically imported from the Clearance
Action Tracking System (CATS) (see paragraph e. below) into CPCI within 48
hours of receiving the information. Additional information and specific
requirements for use of CPCI are set forth in the WebCPCI User's Guide that is
available to all individuals authorized access to the system.
DOE O 472.2A 7
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e. Clearance Action Tracking System. DOE personnel security staff must use CATS,
the case management tracking system of record for recording all security
clearance adjudicative activities. The CATS populates clearance decisions in
CPCI upon completion of adjudicative activities.
Section 5
f. Reciprocity. Reciprocity is the acknowledgement and acceptance of an existing
background investigation conducted by an authorized investigative agency; the
acceptance of a national security eligibility adjudication determination by an
authorized adjudicative agency; and the acceptance of an active national security
eligibility determination granted by an executive branch agency. This includes
those individuals who are enrolled in a continuous evaluation (CE) program and
have a deferred periodic reinvestigation. To apply the guidance in SEAD 7,
Reciprocity of Background Investigation and National Security Adjudications, or
successor directive for individuals requiring a security clearance at DOE who are
determined to be currently eligible for access to classified information at another
Federal agency, CPSOs must follow the requirements in Appendix E.
g. Reapprovals. Individuals who no longer possess a security clearance must have a
security clearance reapproved when a valid justification for access to classified
information or SNM has been received by the CPSO and the previously held
security clearance was held less than 24 months ago and was removed for
administrative, non-prejudicial reasons.
(1) The individual certifies on a Standard Form 86 (SF-86), Questionnaire for
National Security Positions, and the CPSO verifies there is no change to
derogatory information the individual provided at the time of their last
background investigation.
(2) The CPSO reviews the completed SF-86 and determines it to be free of
any issues of security concern.
(3) The CPSO receives the negative results of a drug test dated no more than
90 days from the date of the request for reapproval.
(4) The CPSO checks the national level personnel security databases (i.e., the
Clearance Verification System, etc.) and no issues of a security concern
are revealed.
(5) The CPSO is not aware of information about the individual which casts
doubt on their eligibility to hold a security clearance.
(6) The required supporting background investigation is less than seven years
from the date completed by the ISP, regardless of the level of the currently
required security clearance. If the information received is favorable, the
requested security clearance must be reapproved after the reinvestigation
has been initiated if required. When the background investigation is more
than seven years old, all information and items required for processing a
8 DOE O 472.2A
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security clearance request (see paragraph 4.m. of this Order and
Attachment 2, paragraphs 1 and 2) must be obtained by the CPSO.
(7) If at any time during this process the CPSO comes into possession of
derogatory information, such information must be resolved favorably by
means set forth at section 4.o.(10) before the CPSO may proceed further in
considering whether to reapprove access.
(8) Individuals who fall outside the parameters of this section because of the
age of their last background investigation or break in service greater than
24 months (e.g., retired DOE Federal or contractor employees) must be
processed in accordance with the procedures set forth elsewhere in this
Order for issuing security clearances to applicants. However, where the
exigencies of a particular case will not permit the timely completion of
normal processing procedures and where delay in granting the requested
security clearance will result in adverse mission impact, the CPSO may
process the individual for temporary access as outlined in SEAD 8.
Section 6
h. Other Government Agency Clearances. OGA employees who require access to
RD for official government purposes must obtain access through the options
outlined in Appendix D. For the purposes of the OGA clearances, the parent
agency maintains authority and jurisdiction for the requirements of the baseline
clearance (TS/S), to include reinvestigation, CE/continuous vetting adjudication,
and reporting requirements.
i. Access by Persons Outside the Executive Branch.
(1) Attorneys and other individuals taking part in legal or administrative
review proceedings under the jurisdiction of DOE who will require access
to classified information must be processed for a One-Time Access to
classified information as required by SEAD 8. Certification is required by
the Office of the General Counsel (GC), the appropriate CPSO's Chief
Counsel's Office, or the Office of Inspector General (OIG)’s Office of
Counsel if applicable, that access to specified classified information is
needed on the part of the individual to adequately represent his or her
client.
(2) Members of the U.S. House of Representatives and the U.S. Senate,
members of the U.S. Supreme Court and the Federal Judiciary are eligible
for access to all levels and categories of classified information and SNM,
without the need for a background investigation, from the date they
assume their office until the date they leave their office. Specific instances
of access to classified information and SNM will be subject to
need-to-know considerations. To facilitate complex-wide access by these
individuals, they will be recorded in CPCI and CATS as possessing QB or
LB access authorizations. Such CPCI and CATS entries will be created
when the first need for actual access arises and will be coordinated
DOE O 472.2A 9
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between the Office of Headquarters Personnel Security Operations (for the
processing and management of QB and LB access authorizations
throughout the complex) and the appropriate CPSO. Such access
authorizations will not be included in any database other than CPCI and
CATS.
(3) State governors (including the Mayor of the District of Columbia and the
Governors of Puerto Rico, Guam, American Samoa, the U.S. Virgin
Islands, and the Northern Mariana Islands) will be afforded access to
classified information and SNM in the same manner as those listed in (2)
above, except that:
(a) They must execute the same nondisclosure agreement applicable to
all DOE Federal and contractor employees, and
(b) The Department must not be in possession of information
suggesting that such access is not in the best interests of national
security. If the Department is in possession of such information,
the Director, Office of Departmental Personnel Security (Director)
will be consulted prior to the issuance of a QB or LB access
authorization.
(4) If required, employees or contractors of the legislative or judicial branches
of the Federal Government, or of the governments of any state or territory
or leadership officials of any Federally recognized tribal entity, to include
staff members and assistants to any of the individuals listed in paragraphs
(2) and (3) above, must be processed for the appropriate access
authorization in accordance with the procedures set forth in this Order.
Section 7
j. Access by Former Presidential Appointees. In accordance with EO 13526,
Classified National Security Information, Section 4.4, Access by Historical
Researchers and Certain Former Government Personnel, the need-to-know
requirement for access to classified information may be waived for individuals
who have previously occupied senior policy-making positions to which they were
appointed or designated by the President or Vice President, or who have served as
President or Vice President. A waiver of the need-to-know requirement may be
approved for those positions as defined in the OPM’s Presidential Transition
Guide to Federal Human Resources Management Matters, dated December 2020,
or successor guide, that are designated as Presidential Appointees Requiring
Senate Confirmation (PAS). Positions designated as PAS positions may retain
their access authorization with the DOE, when approval for continued access has
been granted by the Under Secretary for Nuclear Security or the Director, Office
of Environment, Health, Safety and Security (EHSS), or their successors, in
accordance with Appendix F.
10 DOE O 472.2A
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k. Limited Access Authorizations for Non-U.S. Citizens.
(1) Only U.S. citizens are eligible for security clearances. Every effort will be
made to ensure that only U.S. citizens are employed in duties that require
access to classified information. However, compelling reasons may exist
to grant limited access to classified information to a non-U.S. citizen. Such
individuals may be granted a Limited Access Authorization (LAA) in
those rare circumstances where the non-U.S. citizens possess unique or
unusual skills or expertise that are urgently needed to support a specific
Departmental mission involving access to classified information and a
qualified U.S. citizen eligible for such access is not available. Non-U.S.
citizens are not eligible for access to any greater level of classified
information or material than the U.S. Government (USG) has determined
may be releasable to the country of which the individual is currently a
citizen. The Director must consult with GC for this assessment. Such
limited access may be approved only if a background investigation of the
level required by EO 12968, or successor national standards, for a TS
security clearance is conducted.
(2) A request to process a non-U.S. citizen for an LAA must be approved by
the Program Secretarial Officer with jurisdiction over the office in which
the individual will be employed. Specific requirements, processes and
prohibitions related to the issuance of LAAs are set forth in Attachment 3.
l. Temporary Eligibility. When urgent operational or contractual exigencies or
exceptional circumstances exist, CPSOs may grant temporary security clearance
eligibility in accordance with Attachment 4. All temporary accesses must be
recorded in the National-level databases except for One-Time access, which must
only be recorded locally in CATS. The CPSO must follow the requirements in
Attachment 4 when granting the following temporary accesses:
(1) Temporary access to classified information;
(2) Temporary access to a higher level of classified information; and
(3) One-time access to classified information.
m. Processing Security Clearances.
(1) CPSOs must have written procedures for submission and acceptance of
security clearance requests. Requests for security clearances must be
justified and submitted to the appropriate CPSO in accordance with
established local procedures.
Section 8
(2) Security clearances will only be processed after the CPSO has received an
appropriate written or electronic request. Security clearance cases must
include completion of a SF-86, utilizing the appropriate ISP investigations
processing system. Submissions must be reviewed by the CPSO to ensure
DOE O 472.2A 11
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complete reporting of information for required time frames, answers to all
applicable questions, and explanations of answers where required. In
addition to a completed Electronic Questionnaire for Investigation
Processing (e-QIP) submission, other documents must accompany the
request for a security clearance. Refer to Attachment 2 for a complete list
of required documents.
(3) A Federal employee must approve e-QIP submissions to the ISP.
(4) When processing security clearances, Personally Identifiable Information
(PII) must be protected and handled in accordance with DOE O 206.1,
Department of Energy Privacy Program, current version, and the Privacy
Act of 1974, as amended.
n. Cancellation of Investigative Requests. A CPSO must immediately request the
ISP discontinue an ongoing investigation if the CPSO receives information
indicating the individual no longer requires a security clearance. If a security
clearance request is no longer required for access to classified information at one
CPSO because the individual is transferring to a location under the cognizance of
another CPSO and the individual requires a security clearance at the gaining
CPSO, the losing CPSO must not discontinue the investigation. The CPSOs must
work together to ensure that the completed investigative report goes to the gaining
CPSO.
o. Processing Investigative Results and Issuing Security Clearance Determinations.
(1) When an investigative report is received, the CPSO must review it to
ensure that the required national Federal Investigative Standards have
been met as appropriate for the level of security clearance being
considered. The CPSO must return any investigative reports that do not
meet national standards to the investigative agency for corrective action if
necessary.
(2) Investigative reports must be processed so that they will be adjudicated in
a timely manner as defined by national level mandates.
(3) Only DOE Federal employees who have been designated in writing as
having been properly trained may render formal determinations that affect
an individual's security clearance status.
(4) A program of quality oversight, training and testing has been established
for this purpose. Refer to Attachment 6 for more information on this
program. Employees may begin assisting in determinations once their
training regimen has begun.
(5) Any secondary actions where governmental resources are expended must
be approved by a Federal employee.
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(6) Rendering final security clearance determinations is an inherently
governmental function. Contractor support staff may not make a final
determination on any adjudicative clearance action which results in
granting a clearance or continuing of a security clearance. Security
clearance downgrades are exempt from this requirement.
(7) All individuals' initial and continued eligibility for security clearances will
be adjudicated using SEAD 4 or successor guidelines.
(8) Where the CPSO has no information related to any of the areas of concern
identified in SEAD 4 or successor guidelines, either from the report of
investigation or from other sources, a favorable determination must be
made.
Section 9
(9) Where the CPSO has information related to any areas of concern
identified in SEAD 4 or successor guidelines, either from the report of
investigation or from other sources, such information will be regarded as
derogatory and create a question as to the individual's security clearance
eligibility.
(10) If questions as to the individual's security clearance eligibility can be
favorably resolved in accordance with the processes and considerations set
forth in SEAD 4 or successor guidelines, the appropriate security
clearance must be granted or continued.
(11) In all cases, each issue of adjudicative significance, to include applicable
disqualifying and mitigating factors, will be documented in the Personnel
Security File (PSF) or electronic Personnel Security File (ePSF).
(12) When an additional investigation is required to expand, resolve, or
corroborate information prior to making a determination, the CPSO may
submit a request for such investigation to the appropriate investigative
agency, or elect to pursue other options including, but not limited to the
following:
(a) Send a letter of interrogatory (LOI) to the individual. LOIs must
include a deadline for the individual to provide the response and
must inform the individual that requested documentation must be
provided as appropriate.
(b) Conduct a personnel security consultation when there is a valid
justification for such action. Approval to conduct a personnel
security consultation requires CPSO management concurrence and
the cognizant Chief Security Officer approval. Only individuals
appropriately trained in DOE personnel security consultation
techniques and cognizant of all the questions or items of
information to be explored are authorized to conduct consultations.
DOE F 5631.5, The Conduct of Personnel Security Interviews
DOE O 472.2A 13
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under DOE Security Regulation, or successor form, and DOE F
5631.7, Privacy Act Statement for Personnel Security Interviews
and Related Release Forms, or successor form, must be properly
executed for all personnel security consultations. Personnel
security consultations must be recorded, summarized on a CES and
retained in the PSF/ePSF. Transcripts may be prepared as
necessary and if so, must be retained in the PSF/ePSF. The
information from a personnel security consultation may be used to
support additional adjudication actions (mental health evaluation,
due process under administrative review, etc.).
(c) Authorize a DOE-sponsored mental health evaluation (requires the
individual to complete DOE F 472.2, Consent to Undergo a
Mental Evaluation to be Conducted by a Psychiatrist or Licensed
Clinical Psychologist, or any successor form).
(d) Request the assistance of other CPSOs in different geographical
locations to conduct a personnel security consultation or to obtain
additional information. Assisting CPSOs must manage such
requests in as timely a manner as possible.
(e) Consult with the cognizant counterintelligence office where
questions as to the individual's loyalty, allegiance, foreign
connections, or unexplained affluence arise. Dual citizen
applicants should be identified as such, although being a dual
citizen alone is not a counterintelligence indicator. Utilize
coordinating procedures and suitable counterintelligence risk
assessment standards/principles for security clearance adjudicative
decisions. A thorough counterintelligence assessment, along with
other available information, is a tool to assist with determining
eligibility for access to classified information, specifically,
evaluation of information with a foreign nexus.
Section 10
(f) Obtain a personal financial statement.
(g) Obtain a credit report.
(13) If, in the opinion of the CPSO, the additional investigative and/or
follow-up activities have favorably resolved the pertinent questions as to
the individual's security clearance eligibility the security clearance must be
granted or continued.
(14) When the additional actions fail to favorably resolve the pertinent
questions, the CPSO will initiate the Administrative Review procedures
set forth at 10 CFR 710.
14 DOE O 472.2A
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p. Continuous Evaluation. CPSOs must follow the guidance in SEAD 6, Continuous
Evaluation (CE), and its implementing guidance to identify derogatory
information in assessing the continued eligibility of a covered individual at any
time during the period of eligibility:
(1) Automated records checks must be conducted to identify derogatory
information to assist in assessing the continued eligibility of a covered
individual at any time during the period of eligibility. The automated
records checks must include checks of commercial databases, USG
databases, and other information lawfully available to security officials at
any time during the period of eligibility.
(2) DOE’s implementation of CE must be conducted only on covered
individuals to protect the privacy, civil liberties, and PII of covered
individuals and any other individual whose information is inadvertently
collected as part of the CE process.
(3) Absent a national security concern, criminal reporting requirement, or
other legal requirement, information pertaining to individuals other than
the covered individual will not be retained unless that information is
relevant to a security determination of the covered individual.
(4) Information gathered by CE will go to the sponsoring CPSO for analysis
of adjudicative relevance and a determination if the information meets
thresholds for further investigation and/or adjudication.
(5) CPSOs must utilize authorized ISPs, making reasonably exhaustive efforts
to verify that any information collected that is discrepant or potentially
disqualifying pertains to the covered individual. CPSOs must use standard
personnel security processes to resolve information of a security concern
received on a covered individual. Any potentially disqualifying issue(s)
will be adjudicated using SEAD 4 or successor guidelines.
(6) CPSOs must not make an unfavorable personnel security action solely on
uncorroborated or unverified discrepant information collected pursuant to
SEAD 6. When an adjudicative determination is made to deny or suspend
national security eligibility, the covered individual must be afforded
Administrative Review in accordance with 10 CFR 710.
(7) CPSOs must update applicable national personnel security databases
unless authorized by the Security Executive Agent (SecEA)to withhold
information from the databases for national security purposes, to inform
on a covered individual's national security eligibility for reciprocity
purposes.
(8) CPSOs must make sure covered individuals are aware of CE as an element
of the personnel security program and their continuing security and
DOE O 472.2A 15
6-10-2022
counterintelligence reporting obligations. CE must be included in initial
and annual security awareness training.
(9) CPSOs must act upon and share relevant information of a security,
counterintelligence, or law enforcement concern with appropriate security,
counterintelligence, insider threat, or law enforcement officials.
Section 11
(10) CPSOs must share relevant information that results in an adverse
determination of the covered individual's continued national security
eligibility with security officials of other agencies that have a direct
interest in the covered individual, (i.e., joint duty, detail or otherwise
working for the other agency); or the other agency has granted access or
additional access to the individual.
(11) CPSOs must not conduct CE on individuals who no longer meet the
definition of a covered individual (e.g., termination of employment, or no
longer affiliated with DOE).
(12) A targeted investigation may be requested from the ISP at any time if the
CPSO learns of information related to any areas of concern set forth in the
SEAD 4 or successor guidelines. Such information may be resolved by the
CPSO internally through a LOI, a personnel security consultation, a
mental health evaluation, or other actions. Alternatively, an investigation
for cause through the ISP may be conducted. The precise scope of such an
investigation will depend upon the issues involved.
q. Reinvestigations.
(1) CPSOs must continue to collect a newly completed SF-86 every five years
until the Department has implemented Trusted Workforce 2.0 and as
required by national standards.
(2) Consistent with the guidance in EO 13467, as amended, CPSOs must
conduct reinvestigations on an as-needed basis once periodic deferrals of
reinvestigations are implemented in the Department as indicated in 4.b.
above.
r. Intra-Agency Security Clearance Actions.
(1) A security clearance issued by any CPSO is a Departmental security
clearance and will be recognized universally throughout DOE. Individuals
in possession of a current DOE security clearance and with a need-to-
know are eligible for access to classified information and SNM at the
appropriate level throughout DOE. Access to classified information and
SNM at all DOE sites must be predicated upon a valid need-to-know and
positive confirmation (as indicated in CATS or CPCI) of the appropriate
security clearance.
16 DOE O 472.2A
6-10-2022
(2) Shared access occurs where one CPSO receives a valid request for a
security clearance for an individual already in possession of an equal or
higher security clearance issued by another CPSO. In such a case, the new
CPSO will annotate CATS to indicate the shared personnel security
interest in the individual. Thereafter, should either office come into
possession of information of a security concern regarding the individual or
need to take adverse action regarding the individual's security clearance,
the information concerning shared access which has been recorded in
CATS and CPCI will be used to ensure that all CPSOs with an interest in
the individual are notified.
(a) Where shared access occurs, responsibility for maintenance of the
PSF/ePSF and for all other related matters will reside with the
CPSO that granted the security clearance.
(b) Except as outlined in (c) below, if the security clearance is
administratively withdrawn by that CPSO for any reason and
continued need for the security clearance persists with one or more
CPSOs exercising shared access, these responsibilities will shift to:
1 The CPSO holding the highest level of shared access or
2 The CPSO with the oldest interest, when all remaining
CPSOs hold the same level of shared access.
(c) If a security clearance is administratively terminated under 10 CFR
710.6 or 10 CFR 710.32, the CPSO must immediately notify any
CPSO with shared access that the clearance was terminated. Any
shared access will terminate with the administrative termination.
Section 12
1 If an appeal is filed less than one year from the initial
administrative termination in accordance with 10 CFR
710.32(a), the CPSO initiating the termination is
responsible for the clearance adjudication. If there is a valid
offer of employment and a clearance is required, the CPSO
that initiated the termination is responsible for adjudication.
Individuals may not be processed for a clearance at another
CPSO unless a minimum of one year has elapsed from the
administrative termination.
2 If the Director finds that the individual may be processed
for a security clearance after appeal, the CPSO initiating
the administrative termination must be notified of the
decision. The CPSO must take necessary actions to
determine the eligibility of the individual, as outlined
elsewhere in this Order. Notification of the appeal will be
sent to all CPSOs with shared access.
DOE O 472.2A 17
6-10-2022
3 If the CPSO grants the security clearance, the CPSOs
which held shared access must be notified. Gaining CPSOs
where appropriate, may then process for shared access.
(d) The CPSO responsible for maintaining the PSF/ePSF is also
responsible for processing the case for Administrative Review,
under 10 CFR 710.
(e) If a CPSO with shared access requires a higher level of security
clearance, possession of the PSF/ePSF will be transferred to the
office where the higher level is required. The losing CPSO will
annotate the shared access as outlined in (2) above. The gaining
CPSO must request the appropriate investigation and process an
upgrade as outlined elsewhere in this Order.
(3) In the event an individual in possession of a security clearance transfers
from the cognizance of one CPSO to another, one of the following
procedures must be followed:
(a) If the individual requires access at the same security clearance
level in the new position, their PSF/ePSF will be forwarded to the
gaining CPSO.
(b) If the individual will no longer require access at the losing CPSO,
the losing CPSO must execute a DOE F 5631.29, Security
Termination Statement.
(c) The gaining CPSO is responsible for completing all new and
pending actions after the transfer takes effect.
(4) In all cases, the gaining and losing CPSOs must communicate with each
other and work together to ensure that the requirements of this section are
met.
s. Administrative Withdrawal of Security Clearances.
(1) In all instances, security clearances must be administratively withdrawn
when there is termination of employment, a change of official duties, or
any other change in circumstance such that the individual no longer
requires access to classified information or SNM.
(2) Within three (3) working days of one of the conditions in paragraph 4.s.(1)
above being met, the sponsoring office must provide the CPSO a
completed DOE F 5631.29, Security Termination Statement, or written
notice. In cases in which it is not possible to obtain the individual's
signature, an unsigned DOE F 5631.29 may be accepted, along with a
concise written explanation of the circumstances surrounding the
18 DOE O 472.2A
6-10-2022
administrative withdrawal and the reasons why a signature could not be
obtained.
(3) Within three (3) working days of receipt of a DOE F 5631.29 or written
notice of one of the conditions in paragraph 4.s.(1) above being met, the
CPSO must administratively withdraw the individual's security clearance
and note the date the clearance was withdrawn in the individual's
PSF/ePSF in CATS and CPCI. The CPSO must also notify any other
CPSOs with shared access interests. Possession of the DOE F 5631.29 by
the CPSO is not needed to affect an administrative withdrawal action.
Section 13
(4) In all cases, administrative withdrawals are non-prejudicial, and do not
entitle the individual to any of the Administrative Review procedures of
10 CFR 710. When a security clearance is administratively withdrawn and
where there is unresolved derogatory information and/or adverse security
clearance action (s) are pending against the individual, this fact must be
recorded in CATS and CPCI.
t. Suspensions of Security Clearances/Administrative Review. The processes and
procedures governing the suspension of active security clearances and the
processing of security clearance denial and revocation actions are set forth in
10 CFR 710.
u. Actions by the Secretary. Nothing in this Order will be construed to limit the
Secretary's authorities and responsibilities under EO 12968, EO 10865, DOE
implementing regulations at 10 CFR 710, or the AEA to grant, continue, deny, or
terminate a security clearance in the interest of national security.
v. Personnel Security Files.
(1) PSFs/ePSFs contain information that is identified as PII and controlled
under the Privacy Act of 1974, as amended. Within DOE, PII must be
identified and protected as Controlled Unclassified Information (CUI) or
successor classification marking as required by DOE Order 471.7,
Controlled Unclassified Information, or successor Order (to include
requirements for marking, transmission, storing and destruction).
(2) PSFs/ePSFs may contain information that requires a classification review
in accordance with DOE O 475.2, Identifying Classified Information,
current version. Documents that contain classified information must be
protected as required by DOE O 471.6, Information Security, current
version, to include requirements for marking, transmission, storing, and
destruction.
(3) A compromise in the information involving a PSF/ePSF must be reported
in accordance with DOE O 206.1, current version. A compromise of
information which may be classified must be reported in accordance with
DOE O 470.4, Safeguards and Security Program, current version.
DOE O 472.2A 19
6-10-2022
(4) PSFs/ePSFs must not be released to representatives of DOE contractors
(except those contractor employees engaged in support of the DOE
personnel security program, or as otherwise permitted in this Order).
Detailed information concerning the organization of DOE PSFs/ePSFs and
restrictions on their dissemination appear in Appendix B.
(5) PSFs/ePSFs are identified as a system of records under DOE control and
are subject to 10 CFR 1008, Records Maintained on Individuals (Privacy
Act), regarding their release. 10 CFR 1008 establishes the procedures for
individuals who request to review or obtain a copy of the contents of their
PSFs/ePSFs. Specific instructions for submitting a Privacy Act request are
at 10 CFR 1008.6, Procedures for Privacy Act Requests. Further
information on how to submit a request for access can be obtained by
contacting the cognizant Privacy Officer. Under no circumstances will
individuals be given access to investigative reports from their PSF/ePSF
without prior written approval of the originating agency. Absent such
approval, individuals requesting access to these reports must be referred to
the originating agency.
Section 14
(6) PSFs/ePSFs and the associated information in CATS, CPCI or any other
DOE database must be retained in accordance with National Archives and
Records Administration (NARA)/DOE Records Schedule. Reports of
investigation provided by other agencies will be retained as part of the
PSF/ePSF in accordance with these guidelines unless the originating
agency provides a shorter retention schedule. In that event, the originating
agency's schedule will supersede DOE retention policy and such reports
must be purged from PSFs/ePSFs, CATS and CPCI accordingly.
(7) PSFs/ePSFs that no longer need to be retained pursuant to this Order must
be destroyed in accordance with NARA/DOE Record Schedules.
Destruction of files containing classified or CUI must be accomplished in
accordance with the current version of DOE O 471.6 or DOE O 471.7,
respectively.
w. Reporting Requirements.
(1) All individuals applying for or in possession of a DOE security clearance
must truthfully provide all information requested for personnel security
purposes. All individuals have a specific obligation to report personnel
security-related matters as they occur, whether related to themselves or to
other individuals applying for or in possession of a DOE security
clearance.
(2) All cleared individuals (including individuals with a suspended clearance)
and applicants must follow the guidance in SEAD 3, Reporting
Requirements for Personnel with Access to Classified Information or Who
Hold a Sensitive Position, and DOE O 475.1, Counterintelligence
20 DOE O 472.2A
6-10-2022
Program, current version. Cleared individuals incur a special and
continuing security obligation to be aware of the risks associated with
foreign intelligence operations and/or possible terrorist activities directed
against them in the U.S. and abroad. Cleared individuals also have a
responsibility to recognize and avoid personal behaviors and activities that
may adversely impact their continued national security eligibility.
(3) Cleared individuals and applicants must report to their CPSO any planned
or actual involvement in any of the activities in accordance with the
timelines indicated in Attachment 5, using the appropriate reporting form
prior to participation in such activities or otherwise as soon as possible
following the start of their involvement.
(4) Failure to comply with reporting requirements may result in administrative
action that includes, but is not limited to, revocation of the individual's
security clearance.
(5) Reportable Information (see Attachment 5) must be reported verbally or in
writing directly to the CPSO immediately upon the individual becoming
aware of the situation or incident. If the information is verbally reported
by the individual, a written confirmation must be submitted to the CPSO
within three (3) working days after the situation or incident.
(6) Federal management officials must notify the CPSO of conditions
affecting the status of an applicant's or employee's security clearance (e.g.,
death, employment termination (regardless of reasons), change in need for
access to classified information or SNM) within three (3) working days,
followed by written confirmation within the next ten (10) working days of
the occurrence.
(7) CPSOs are responsible for ensuring that security clearance applicants and
holders under their cognizance are aware of their reporting responsibilities
(e.g., signed DOE Form 5631.18, Security Acknowledgment).
Section 15
(8) Individuals with active security clearances will be briefed initially and
annually regarding their personnel security responsibilities as required by
DOE O 470.4, Safeguards and Security Program, current version.
x. Suitability Determinations for Federal Employees and Referrals to Servicing
Personnel Offices.
(1) Derogatory or discrepant information developed as part of the personnel
security process may be relevant to an individual's suitability for Federal
employment. Therefore, each CPSO must establish procedures for the
referral of such information to the servicing personnel offices for the DOE
employees under their cognizance. The servicing personnel office must
take appropriate action regarding the individual's employment status.
DOE O 472.2A 21
6-10-2022
(2) In situations where adverse employment suitability information arises
concerning an employee of another Federal agency, the information will
be provided to the DOE processing personnel office for referral to the
other Federal agency.
y. Pre-Appointment Waivers.
(1) Candidates who have accepted offers of employment to a position
designated as sensitive under 5 CFR Part 1400, Designation of National
Security Positions, may have the pre-appointment investigative
requirement waived, allowing the hiring manager and/or program office to
bring the candidate onboard prior to the completion of a favorably
adjudicated background investigation. This waiver must be requested in
writing and include a justification which reflects that the position involves
duties that fulfill an immediate need to the Department's national security
mission and a delay in filling that position would adversely affect the
Department's ability to carry out its national security mission.
(2) The CPSO will review the SF-86 once it has been submitted to the ISP
with a request for expedited service, as well as the minimum initial checks
in accordance with SEAD 8. If no security concerns are identified, the
CPSO will forward the results of these checks, along with the SF-86, to
the Office of the Chief Human Capital Officer (HC) for a decision.
(3) Once the CPSO certifies that no security concern exists and the
pre-appointment wavier is approved by the HC, hiring managers and/or
program offices will implement controls to restrict access to classified
information and prevent the individual from performing the duties that
make the position sensitive until a favorable full-field background
investigation and adjudication is completed and the security clearance is
granted.
5. RESPONSIBILITIES.
a. Program Secretarial Officers. Approve requests to process non-U.S. citizens for
LAAs and One-Time access in accordance with SEAD 8. These responsibilities
may be delegated to the CPSOs.
b. Federal Heads of Departmental Elements.
(1) Ensure that the requirements associated with determining the level of
security clearance required and the means to request a security clearance
are communicated and implemented by the appropriate offices,
individuals, and contracting/procurement officials under their cognizance.
(2) Determine whether and when temporary access is warranted for an
individual under their cognizance.
22 DOE O 472.2A
6-10-2022
(3) Direct contracting/procurement officials under their cognizance to
incorporate this Order's CRD into affected contracts.
c. Federal Site Managers.
(1) Ensure that the requirements of this Order are communicated to and
implemented by the appropriate offices, individuals, and
contracting/procurement officials under their cognizance.
Section 16
(2) Determine whether and when to request security clearances for employees
under their cognizance who, though they do not require access to
classified information or SNM, are situated such that inadvertent exposure
to such information or material cannot otherwise be reasonably prevented.
(3) Determine whether and when to approve requests for temporary access to
a higher level of classified information or SNM.
(4) Communicate to all cleared DOE personnel under their cognizance their
personal responsibilities regarding holding a DOE security clearance.
Such individuals are thereafter responsible for adhering to these
responsibilities.
d. Contracting and Procurement Officials. Ensure that the CRD (Attachment 1) of
this Order is incorporated into affected contracts via the Laws, Regulations, and
DOE Directives clause of the contracts. Incorporation must occur as soon as
possible, but in no event more than 180 days following the issuance of the CRD.
e. Director, Office of Departmental Personnel Security. Provides necessary
oversight, guidance, direction, clarification, and assistance for the requirements of
this Order to be implemented correctly and consistently by:
(1) Representing DOE at government-wide meetings to address and resolve
personnel security policy issues, investigation scope and timeliness
matters, and adjudicative procedures.
(2) Chairing the DOE Personnel Security Quality Panel (PSQP). The primary
goal of the PSQP is to enhance policies and procedures pertaining to the
Department's Personnel Security Program. The panel is responsible for:
(a) Identifying and discussing challenges and process improvements;
(b) Sharing best practices;
(c) Providing status of pending initiatives;
(d) Coordinating contemplated changes to policies and procedures;
and
DOE O 472.2A 23
6-10-2022
(e) Coordinating presentations from subject matter experts.
(3) Granting Bond Amendment Waivers.
(4) Managing the Personnel Security Assistance Visit Program (PSAVP). The
PSAVP provides the Office of Departmental Personnel Security a flexible
means for meeting with the programs one-on-one (annually or as needed)
to address concerns, provide recommendations for improvement, and gain
a continued understanding of how implementation of national level and
Departmental initiatives are affecting operations. The assistance visits are
informal collaborative meetings and are not a replacement for or affiliated
with:
(a) Formal inspections of the DOE Personnel Security Program
conducted by the Office of Enterprise Assessments, or
(b) Audits, inspections, or investigations conducted by the Office of
Inspector General.
f. Cognizant Personnel Security Offices. Implement the requirements in accordance
with direction provided in this Order and by the Office of Departmental Personnel
Security.
g. Office of the General Counsel Offices of Chief Counsel.
(1) Provide notification to the CPSO when access to classified information is
required by outside attorneys in proceedings involving the Department.
(2) Consult in determining what level of classified information is releasable
by the USG to specified foreign countries in support of LAAs.
(3) Provide legal sufficiency reviews as requested by the CPSOs and the
Director.
h. Office of Enterprise Assessments and Office of Inspector General. Assess the
personnel security processes within the Department to ensure their compliance
with national and Departmental policy.
Section 17
i. Office of Intelligence and Counterintelligence. Conduct counterintelligence
assessments and assist with the personnel security process as needed in
accordance with paragraph 4.o.(12)(e).
6. INVOKED STANDARDS. This Order does not invoke any DOE technical standards or
industry standards as required methods. Any technical standard or industry standard that
is mentioned in or referenced by this Order is not invoked by this Order. Note: DOE O
251.1D, Appendix J provides a definition for “invoked technical standard.”
7. REFERENCES. See Attachment 7.
24 DOE O 472.2A
6-10-2022
8. DEFINITIONS. See Attachment 8.
9. CONTACT. Questions concerning this Order should be addressed to the Office of
Environment, Health, Safety and Security, Office of Departmental Personnel Security, at
202-586-3249.
BY ORDER OF THE SECRETARY OF ENERGY:
DAVID M. TURK
Deputy Secretary
DOE O 472.2A i
6-10-2022
TABLE OF CONTENTS
1. PURPOSE .............................................................................................................................. 1
2. CANCELS/SUPERSEDES.................................................................................................... 1
3. APPLICABILITY. ................................................................................................................. 2
4. REQUIREMENTS. ................................................................................................................ 3
5. RESPONSIBILITIES .......................................................................................................... 21
6. INVOKED STANDARDS .................................................................................................. 23
7. REFERENCES. See Attachment 7. ..................................................................................... 23
8. DEFINITIONS. See Attachment 8. ..................................................................................... 24
9. CONTACT ........................................................................................................................... 24
APPENDIX A: POSITIONS REQUIRING BACKGROUND INVESTIGATION BY THE
FEDERAL BUREAU OF INVESTIGATION ........................................................................ A-1
APPENDIX B: PERSONNEL SECURITY FILES .................................................................... B-1
APPENDIX C: ADJUDICATIVE CONSIDERATIONS RELATED TO STATUTORY
REQUIREMENTS AND DEPARTMENTAL REQUIREMENTS ........................................ C-1
APPENDIX D: OTHER GOVERNMENT AGENCY CLEARANCES.................................... D-1
APPENDIX E: RECIPROCITY OF BACKGROUND INVESTIGATIONS ............................ E-1
APPENDIX F: ACCESS BY FORMER POLITICAL APPOINTEES ....................................... F-1
ATTACHMENT 1: CONTRACTOR REQUIREMENTS DOCUMENT DOE O 472.2A,
PERSONNEL SECURITY ......................................................................................................... 1-1
ATTACHMENT 2: SECURITY CLEARANCE REQUESTS/JUSTIFICATIONS AND
ACCESS AUTHORIZATIONS ............................................................................................... 2-1
ATTACHMENT 3: LIMITED ACCESS FOR NON-U.S. CITIZENS ....................................... 3-1
ATTACHMENT 4: TEMPORARY ELIGIBILITY .................................................................... 4-1
ATTACHMENT 5: REPORTING REQUIREMENTS............................................................... 5-1
Section 18
ATTACHMENT 6: PERSONNEL SECURITY QUALITY AND TRAINING ......................... 6-1
ATTACHMENT 7: REFERENCES ............................................................................................ 7-1
ATTACHMENT 8: DEFINITIONS ............................................................................................ 8-1
DOE O 472.2A Appendix A – Federal Employees Only
6-10-2022 Page A-1 (and A-2)
APPENDIX A:
POSITIONS REQUIRING BACKGROUND INVESTIGATION
BY THE FEDERAL BUREAU OF INVESTIGATION
Per section 145e. of the Atomic Energy Act (AEA), individuals occupying or under
consideration for positions requiring access to information in a Special Access Program (SAP)
must have their required background investigation (and reinvestigations) conducted by the
Federal Bureau of Investigation (FBI). Background investigations (and reinvestigations) for
individuals requiring access to Sensitive Compartmented Information (SCI) are not included in
this population and will be submitted, per the processes set forth in this Order, to the Defense
Counterintelligence and Security Agency (DCSA).
Additionally, per section 145f. of the AEA, the DOE has the authority to identify other positions
which, either by virtue of the program in which they reside or other reasons, are of a high degree
of importance or sensitivity that, upon certification, also require investigation (and
reinvestigation) by the FBI. Under this authority, positions requiring confirmation by the United
States Senate will be subject to background investigations and reinvestigations by the FBI.
DOE O 472.2A Appendix B – Federal Employees Only
6-10-2022 Page B-1
APPENDIX B:
PERSONNEL SECURITY FILES
1. Safeguarding.
a. Personnel Security Files (PSFs) and electronic Personnel Security Files (ePSFs)
contain many different types of information that require protection, ranging from
Controlled Unclassified Information (CUI) [to include Personally Identifiable
Information (PII)] to classified information (see section 4.v. of this Order). The
Privacy Act of 1974, as amended sets forth strict safeguarding requirements for
Federal records relating to individuals, to include training, rules of conduct and
other requirements for individuals whose duties involve maintaining such records.
It also establishes penalties for violations of these requirements. Because of the
privileged and sensitive nature of the information contained in PSF/ePSFs, these
files must only be released within DOE to individuals (including contractor
support staff) who have been the subject of a favorably adjudicated, current
background investigation of the level required for a Top Secret security clearance,
have a valid need to know, and who are authorized to:
(1) Adjudicate or otherwise process security clearances;
(2) Determine suitability or fitness for Federal employment;
(3) Certify individuals in the Human Reliability Program (HRP);
(4) Conduct official investigations into violations of criminal or civil law;
(5) Conduct counterintelligence and/or counterterrorism investigations and
assessments;
(6) Evaluate individuals in support of the Department's Insider Threat
Program;
(7) Ensure compliance with DOE requirements;
(8) Conduct medical and/or mental health evaluations in support of personnel
security or HRP determinations; or
(9) Determine eligibility and access to a Department’s SAP.
Section 19
b. Disclosure to individuals within DOE under circumstances not covered by this
appendix must be made in consultation with, and with the approval of local
counsel [or, for Headquarters, General Counsel (GC). Other types of disclosures
may be permitted consistent with the Privacy Act and in consultation with local
counsel (or, for Headquarters, the GC).
c. Reports of investigations of individuals who have been processed for security
clearances may be shown to representatives of other Federal agencies conducting
Appendix B – Federal Employees Only DOE O 472.2A
Page B-2 6-10-2022
background investigations for personnel security or suitability purposes or to the
DOE-affiliated individuals identified above. Such individuals must show (or in
the case of the Office of the Inspector General, state) that they have an official
purpose for reviewing the investigation. With the exception noted below in
paragraph 1.d., such individuals must not be given copies of an investigation
conducted by another Federal agency, except that copies of these investigations
must be given to representatives of the OIG, upon request. If copies are needed,
they will be advised that the reports may be requested directly from the agency
that conducted the investigation. Such individuals may be provided copies of
DOE-generated documents from the PSF/ePSF.
d. Representatives from the Office of Intelligence and Counterintelligence (IN) may
be provided copies of investigative reports as necessary for the performance of
official duties.
e. Representatives from Program Offices who are responsible for determining
eligibility and access to DOE SAPs may be provided copies of investigative
reports, as necessary.
f. Pursuant to the Privacy Act of 1974, as amended, DOE-generated information
may be released upon written request to a Federal, state, or local law enforcement
agency in support of a criminal or civil investigation. Such a request must specify
the portion of the PSF/ePSF that is desired, and the justification for seeking such
information.
g. DOE-generated information may also be permitted to other government agencies
to support suitability/security clearance purposes. Such permissions must be made
in consultation with, and with the approval of all offices which provided source
information for such document generation.
h. A record of each disclosure in accordance with 1.c.-g. above, must be recorded in
the PSF/ePSF, to include:
(1) The name and position title of the individual to whom the disclosure is
made;
(2) The individual's agency affiliation and address;
(3) The date of the disclosure;
(4) The nature and purpose of the disclosure; and
(5) The name and position of the person releasing the information.
i. In all instances, before releasing classified information from a PSF/ePSF to any
party, the DOE representative responsible for releasing the information must
verify that the intended recipient possesses the appropriate level of security
clearance and has an official need-to-know.
DOE O 472.2A Appendix B – Federal Employees Only
6-10-2022 Page B-3
j. Safe Files are PSFs designated as protected under a higher form of security from
disclosure to those individuals identified in paragraphs 1.a.-f. above. These files
include members of DOE senior leadership, members of Congress, Senators,
current and former Presidents and Vice Presidents, and those individuals whose
primary role within the Department of Energy is to make security clearance
determinations. Individuals who have regular and/or routine access to personnel
security files must obtain authorization from the Director of the Cognizant
Personnel Security Office (CPSO) or designee prior to accessing safe files.
Section 20
k. Maintenance, storage, and control of PSF/ePSF (both active and terminated files)
is the responsibility of CPSOs and may not be delegated or otherwise assigned to
local or contractor security offices.
2. Contents and Arrangement of Data in Personnel Security Files.
a. A PSF must be maintained in paper or electronic form for everyone processed for
a security clearance. The CPSO initially processing an individual for a security
clearance must assign a unique PSF case number to each file. The unique PSF
case number assigned by the original CPSO will always be used to identify that
individual's file, regardless of the current location of the PSF.
b. The PSF of any individual who is being or has been processed for a security
clearance, whether active or terminated, must contain the original or a copy of any
document related to a personnel security action, which may include the most
recent investigative report prepared by a Federal investigative agency, and any
documents, correspondence, or forms involving the initial and any subsequent
security clearance action(s).
c. Paper PSFs must be arranged so that administrative material is on the left side and
adjudicative and investigative material is on the right side. Material on each side
of the folder must be arranged chronologically with the oldest on the bottom
progressing to the newest on the top.
(1) Administrative materials include, but are not limited to, memoranda and
other correspondence relating to administration of the case, including:
requests for security clearances; prescreening forms; notes to the file
(except notes containing investigative or adjudicative data); requests to
other offices for consultations; security advisory letters; suspension
correspondence, notification letters, and responses; correspondence
relating to special security clearances and access authorizations; security
badge and briefing forms; and similar data. A DOE F 5631.16, File
Summary Sheet, must be placed on top of the left side of the PSF.
(2) Adjudicative and investigative materials include, but are not limited to,
investigative reports used to support security clearance determinations,
including: the questionnaire completed by the individual, fingerprint cards,
release forms, security acknowledgment; reports of investigation from any
Appendix B – Federal Employees Only DOE O 472.2A
Page B-4 6-10-2022
Federal agency or local law enforcement activity, the Office of Inspector
General, or contractor security personnel; reciprocity and related material;
documentation regarding security infractions; letters, memoranda, or notes
to the file containing investigative data; summaries of investigations;
incident reports, reports of treatment for a mental illness, drug abuse, or
alcohol abuse; consultation summaries; letters of interrogatory to the
individual and responses to those interrogatories from the individual;
correspondence and reports relating to psychiatric and/or psychological
evaluations; case evaluations; and any other material relating to the
adjudication of the individual's eligibility for a security clearance.
d. The PSF/ePSF must not be used as a storage location for other documents,
including, but not limited to the Classified Information Nondisclosure Agreement
(SF-312). Specific storage requirements for the SF-312 are available in
DOE O 470.4, Safeguards and Security Program, current version.
(1) Information that must be included in all PSFs/ePSFs:
Section 21
(a) File Summary Sheet (DOE F 5631.16) or equivalent record
approved by the Office of Departmental Personnel Security
(b) Clearance Access Request
(c) Security Acknowledgement (DOE F 5631.18)
(d) Drug Test Results, where applicable
(e) Case Evaluation Sheet, where applicable
(f) Security Termination Statement (DOE F 5631.29), where
applicable
(2) Information that may be included in PSFs/ePSF as necessary and
applicable:
(a) SF-86, Questionnaire for National Security Positions, or successor
form
(b) Copy of Birth Certificate
(c) Education Documentation
(d) Credit Reports
(e) DCSA/FBI Investigative Results
(f) Fingerprint cards
(g) Other Government Agency Reports
DOE O 472.2A Appendix B – Federal Employees Only
6-10-2022 Page B-5
(h) Special Access Documentation (e.g., SAP, SCI, HRP)
(i) Clearance Verification Forms (Reciprocity)
(j) Letters of Interrogatory and Responses
(k) SEAD 3 Reporting Form
(l) Foreign Travel Requests
(m) Controlled correspondence receipts (e.g., PS form 3811, Domestic
Return Receipt)
(n) Request for Personnel Security Consultation
(o) Results of Personnel Security Consultation
(p) The Conduct of Personnel Security Interview Under DOE Security
Regulations (DOE F 5631.5) or successor form
(q) Privacy Act Statement for Personnel Security Interviews and
Related Release Forms (DOE F 5631.7), or successor form
(r) Waiver (Consent to Undergo a Mental Evaluation to be Conducted
by a Psychiatrist or Licensed Clinical Psychologist) (DOE F
472.2)
(s) Psychiatric, psychological, or other mental health evaluations or
reports
(t) Medical Documents
(u) Notification of Clearance Determination
(v) Clearance Extension Documentation
(w) Polygraph Examination Report
(x) Name/marital status change
(y) Data Report on Spouse/Cohabitant (DOE F 5631.34)
(z) Security Incident/Infraction /Issue Report Documentation
(aa) Foreign Travel Request
(bb) Counterintelligence Correspondence
(cc) Privacy Act Release
Appendix B – Federal Employees Only DOE O 472.2A
Page B-6 6-10-2022
(dd) Correspondence Request for Reinvestigation
(ee) Statement of Charges/Summary of Security Concerns
(ff) Administrative Review Documentation and Appeal Documentation
(gg) File Transfer Record (DOE F 5631.25)
(hh) CI Assessments conducted in accordance with section 4.o.(12)(e)
of this Order, and related materials
(ii) Notes to File
(jj) Other miscellaneous documents that directly relate to the
adjudicative process.
DOE O 472.2A Appendix C – Federal Employees Only
6-10-2022 Page C-1
APPENDIX C:
ADJUDICATIVE CONSIDERATIONS RELATED TO STATUTORY
REQUIREMENTS AND DEPARTMENTAL REQUIREMENTS
1. Section 1072 of the National Defense Authorization Act for Fiscal Year 2008, 50 U.S.C.
§ 3343, commonly referred to as the Bond Amendment, identifies additional factors to be
considered when granting or renewing a security clearance for any person covered by that
statute. In any case in which the Bond Amendment applies, as detailed below, all
correspondence (notification letters, referral letters, etc.) must expressly indicate this fact.
2. Illegal Use of Controlled Substances. For purposes of applying the Bond Amendment
prohibition on granting or renewing a security clearance to an unlawful user of a
controlled substance or an addict, the following definitions apply:
Section 22
a. An unlawful user of a controlled substance is any person who uses a controlled
substance and has lost the power of self-control with reference to the use of the
controlled substance or who is a current user of the controlled substance in a
manner other than as prescribed by a licensed physician. Such use is not limited to
the use of drugs on a particular day, or within a matter of days or weeks before,
but rather that the unlawful use occurred recently enough to indicate the
individual is actively engaged in such conduct.
b. An addict of a controlled substance is as defined in 21 U.S.C. § 802(1), which is
any individual who habitually uses any narcotic drug so as to endanger the public
morals, health, safety, or welfare; or is so far addicted to the use of narcotic drugs
as to have lost the power of self-control with reference to his or her addiction.
c. Cleared incumbents and applicants who are determined to be an unlawful user or
addict are subject to the Bond Amendment, and the Department will process those
individuals for Administrative Review (AR) and may suspend, deny or revoke
eligibility for access to classified information in accordance with 10 CFR Part 710
and this Order, as applicable.
3. Disqualifiers.
a. The Bond Amendment disqualifies individuals from holding a Q or L access
authorization (and Sensitive Compartmented Information (SCI) and Special
Access Program (SAP) access) who have been:
(1) convicted in any U.S. court of a crime, sentenced to imprisonment for that
crime and, as a result incarcerated for not less than one (1) year;
(2) discharged or dismissed from any of the Military Departments under
dishonorable conditions; or
(3) determined to be mentally incompetent by an adjudicating authority, based
on an evaluation by a duly qualified mental health professional employed
Appendix C – Federal Employees Only DOE O 472.2A
Page C-2 6-10-2022
by, or acceptable to and approved by, the U.S. Government (USG) and in
accordance with established procedures and standards.
b. In cases falling under subparagraphs 3.a.(1)-(3), the individual's access
authorization will be adjudicated in accordance with Security Executive Agent
Directive (SEAD) 4 and with the procedures set forth in this Order. If a denial or
revocation is warranted, the Bond Amendment will be noted as a factor as
indicated in paragraph 1. above and the clearance will be processed for AR under
10 CFR Part 710.
c. If the application of SEAD 4 (or successor guidelines) and the procedures set
forth in this Order indicate a favorable adjudication of the Bond issue is
warranted, the CPSO may use this as the basis to request a meritorious waiver of
the applicable Bond Amendment disqualifiers(s). If a waiver is sought, the CPSO
will forward the case file to the Director with a recommendation that a Bond
Amendment waiver be granted.
d. If the Director concurs, the file will be returned to the CPSO with direction that
the waiver has been granted and that the CPSO may proceed with making its
adjudicative determination. The Director will retain a list of all such waivers for
periodic reporting purposes.
e. If the Director does not concur, the Director will notify the CPSO to process the
Bond issue for AR under 10 CFR Part 710.
DOE O 472.2A Appendix D – Federal Employees Only
6-10-2022 Page D-1
APPENDIX D:
OTHER GOVERNMENT AGENCY CLEARANCES
1. Classified Visits. The Classified Visits process must be utilized for any other government
agency (OGA) personnel requiring access to Restricted Data (RD) at a DOE site.
Section 23
DOE may approve access to RD for a classified visit to DOE sites when an OGA
individual has the appropriate clearance, access authorization, and a need-to-know. When
utilizing the classified visit process, Cognizant Personnel Security Offices (CPSOs) are
not required to grant OGA individuals a Q or L access authorization. Refer to DOE O
470.4, Safeguards and Security Program, current version, for guidance on processing
OGA individuals for classified visits.
2. Reciprocity. OGA employees requiring access to RD for the purposes of a joint duty,
detail, task force or similar type assignment at DOE, or where the OGA individual needs
to access RD at their agency location, require an access authorization granted via
reciprocity. The OGA is responsible for initiating and processing the investigation, and
adjudication of the OGA individual's security clearance to the appropriate level to obtain
an L or Q access authorization. If the OGA has granted the appropriate clearance, the
CPSO may process the OGA individual based on clearance eligibility and the access will
be identified in DOE databases as OGA access.
a. Approvals for access must be based on the following:
(1) Sponsorship by a DOE program office. All requests for an OGA
individual to obtain access to RD must contain a DOE program office
sponsor.
(2) Verification that the background investigation used for the OGA
individual’s eligibility meets the requirements for the level of clearance
required at DOE.
(3) Verification of favorable adjudication of a background investigation at the
appropriate level and/or enrollment in Continuous Evaluation (CE) or
Continuous Vetting (CV).
b. DOE program office sponsors must ensure that the OGA individuals understand
their requirement to report security concerns (as required by SEAD 3) to their
home agency and to the DOE CPSO.
c. CPSOs must ensure that any reported security concerns are forwarded to the
individual's home agency for action. If information of a security concern exists,
CPSOs may terminate an OGA individual’s DOE access without recourse by the
agency or the agency’s employee. The employee will not be afforded due process
in relation to the DOE access.
Appendix D – Federal Employees Only DOE O 472.2A
Page D-2 6-10-2022
d. A CPSO may return a request for OGA individual’s access when:
(1) The background investigation conducted does not meet the requirements
for the level of clearance requested; or
(2) The investigation was not favorably adjudicated for a security clearance in
accordance with applicable national standards; or
(3) The CPSO has information which would indicate that the individual poses
an unacceptable risk to national security or DOE assets; or
(4) A DOE program office is not willing to sponsor the clearance.
e. If a request for OGA access is denied, the decision is considered final and not
subject to any due process with DOE. Furthermore, the access request will not be
processed by any other means in accordance with this Order without the
submission of a new complete request.
3. One-Time Access.
a. DOE may approve one-time access to classified information for OGA individuals
who are U.S. citizens, and whose expertise offers specialized and important
benefit and value to the USG or to individuals limited to the period needed to
accomplish the national security requirement whose access is needed to
accomplish the national security mission. One-time access must not exceed one
year. If access is required for more than one year, the individual must be
processed for a security clearance by their home organization. One-time access
will not be active for multiple national security requirements unless specifically
authorized by the Program Secretarial Officer. The CPSO may consider granting
additional access after the request for investigation is submitted to the
Investigative Service Provider.
Section 24
b. The need for one-time access must originate with the DOE sponsoring
organization and be approved by the CPSO. All requests for one-time access must
be provided to the CPSO and include a detailed justification with all the following
criteria identified:
(1) The unique qualifications of the individual and/or the unique
circumstances that require divulging access to classified information;
(2) The expected benefit to the USG and national security;
(3) The expected nature, extent, and level of access to classified information;
and
(4) Dates for which access is required.
DOE O 472.2A Appendix D – Federal Employees Only
6-10-2022 Page D-3 (and D-4)
c. Personally Identifiable Information (PII), as required by SEAD 8, Temporary
Eligibility, or any successor document, must be obtained from the individual and
corroborated as required in the Federal Investigative Standards (FIS) prior to
granting an access authorization.
(1) For Top Secret and Q Access, information relating to an individuals’
foreign contacts must also be obtained.
(2) All applicable records checks must be conducted and favorably
adjudicated prior to approving access.
(3) Records documenting the approval of one-time access and the dates for
which one-time access was granted must be maintained within DOE
systems only and are not to be reported into national databases to include,
but not limited to, the Central Verification System (CVS), Defense
Information System for Security (DISS), Scattered Castles, etc.
(4) Individuals approved for one-time access must receive a comprehensive
security briefing and be required to sign an approved non-disclosure
agreement (i.e., SF-312 or successor) prior to receiving classified
information. Individuals must be debriefed immediately when access is no
longer required.
(5) One-time access may be terminated at any time with no appeal. CPSOs
may accept one-time access approvals from other agencies based on their
own risk assessment.
(6) One-time access must not serve as the basis for subsequent final security
clearance and must not be authorized for convenience or to fill positions
that would otherwise require a security clearance.
4. Revalidation. DOE sponsoring offices must revalidate the OGA personnel access
authorizations every 12 months or request the CPSO remove an access authorization
when the requirement no longer exists. CPSOs may remove access authorizations where
a sponsoring office has failed to revalidate OGA personnel access authorizations.
DOE O 472.2A Appendix E – Federal Employees Only
6-10-2022 Page E-1
APPENDIX E:
RECIPROCITY OF BACKGROUND INVESTIGATIONS
1. When determining reciprocity, CPSOs must use national personnel security databases
and/or repositories to determine if any prior or current background investigations or
national security eligibility adjudications exist on a covered individual.
2. CPSOs must accept background investigations completed by an authorized investigative
service provider (ISP) that meet all or part of the investigative requirements for a national
security background investigation, except as identified in paragraphs 2.a. and b. below.
When a prior background investigation meets part of the investigative requirements, the
CPSO must review the investigative record and conduct the necessary investigative
checks through an authorized ISP to bring the investigation up to the current standard for
the type of security clearance required.
Section 25
a. CPSOs may request the covered individual to identify any changes since the last
Standard Form 86, Questionnaire for National Security Positions (SF-86), or
successor form. CPSOs may conduct an appropriate personnel security inquiry
pertaining to any changes.
b. CPSOs must accept national security eligibility adjudications for clearances at the
same or higher level conducted by an authorized adjudicative agency, except as
identified in the paragraphs below:
(1) New information of national security adjudicative relevance has been
reported, developed, or made known to agency officials since the last
investigation that indicates the individual no longer satisfies eligibility
requirements.
(2) The most recent national security eligibility adjudication was recorded
with an exception, as defined in SEAD 4, National Security Adjudicative
Guidelines, or successor guidelines. CPSOs may accept national security
eligibility adjudications recorded with an exception based on their own
risk assessment.
(3) A Bond Amendment disqualifier applies as identified in SEAD 4 and the
covered individual requires access to Sensitive Compartmented
Information, Special Access Programs, or Restricted Data.
(4) The covered individual's national security eligibility was granted on a
temporary (interim), limited, or one-time basis.
(5) The covered individual's national security eligibility is currently denied,
revoked, or suspended. Absent the presence of mitigating factors or other
reasons, covered individuals found to be ineligible for access to classified
information or to hold a sensitive position must remain ineligible for
national security duty for a minimum of one year from the date of a denial
or revocation.
Appendix E – Federal Employees Only DOE O 472.2A
Page E-2 6-10-2022
3. Where exceptions exist in paragraph 2.b. above, reciprocity is not applicable until the
following conditions are met:
a. If the most recent background investigation is less than seven years old, the CPSO
must obtain the most recent SF-86 and background investigation. The SF-86 must
be free of any derogatory information. If the SF-86 is free of derogatory
information, the CPSO must adjudicate the background investigation and grant
reciprocity.
b. If the most recent background investigation is more than seven years old,
reciprocity is not applicable unless the individual is enrolled in an approved
continuous evaluation program and their periodic reinvestigation was deferred
because of that enrollment. The CPSO must obtain a new background
investigation and adjudicate the clearance request based on the new investigation
until the Department has implemented periodic reinvestigation deferrals. When
accepting reciprocity, the CPSOs must ensure immediate enrollment of the
individual into CE.
c. If a Bond Amendment disqualifier applies as identified in SEAD 4 or successor
guidelines, the CPSO must adjudicate and obtain a waiver if appropriate, before
granting reciprocity. Such requests must be processed in accordance with
Appendix C.
4. CPSOs must initiate additional security processing if any of the following circumstances
apply:
a. When a background investigation has not been adjudicated or does not meet the
standard for the type of security clearance requested, the agency must review the
investigative record and conduct the necessary investigative checks through an
authorized ISP to bring the investigation up to date and to the standard for the
type of security clearance requested. The CPSO must not duplicate investigative
elements that, in their determination, are unlikely to change.
Section 26
b. If the CPSO requests updated security information from the individual since the
last SF-86 submission and the individual indicates there has been a change in the
information provided for the last background investigation, the CPSO must
review the investigative record and conduct the necessary investigative checks for
the changed information.
5. Reciprocity determinations for national security background investigations and
adjudications must be made within five (5) working days of receipt by the CPSO for
security processing. Processing for employment, suitability, or fitness requirements is
considered outside the scope of national security reciprocity determinations and will not
be counted or reported as part of the security processing.
6. When additional investigative checks are authorized, the additional processing time for
completion and adjudication of the investigative checks must not be counted or reported
as part of the security processing to make a reciprocity determination.
DOE O 472.2A Appendix E – Federal Employees Only
6-10-2022 Page E-3 (and E-4)
7. When review of the investigative record is authorized by this Order, the time required to
obtain the investigative record will not be counted or reported as part of the security
processing to make a reciprocity determination.
DOE O 472.2A Appendix F – Federal Employees Only
6-10-2022 Page F-1
APPENDIX F:
ACCESS BY FORMER POLITICAL APPOINTEES
1. “Access” as used in this Appendix is defined as being only to the information that the
political appointee originated, reviewed, signed, or received while serving as an
appointee.
2. The Program Office sponsoring the former political appointee for continued access is
responsible to ensure that unauthorized disclosure does not occur.
3. Approval by the Under Secretary for Nuclear Security (NA-1) or the Director, Office of
Environment, Health, Safety, and Security (EHSS-1) must be in memorandum format and
include a detailed justification explaining why:
a. A continuation of access would be in the interest of national security;
b. How continued access would further the DOE mission and specifically by what
means disapproval would cause a disruption or delay in operations; and
c. The services of another cleared individual with the same expertise and knowledge
are not available.
4. The process for obtaining authorization for continued access will proceed as follows:
a. The Program Office submits a justification memorandum to NA-1/EHSS-1 as
outlined above requesting continued access for the individual.
b. NA-1/EHSS-1 returns its approval or disapproval to the requesting Program
Office.
c. The Program Office submits an approval action via eClearance Access Request
(eCAR) to the Office of Personnel and Facility Clearances and Classification
(NA-74) or the Office of Headquarters Personnel Security Operations (EHSS-43)
for processing.
5. Any positions outside of Presidential Appointees Requiring Senate Confirmation (PAS)
designation for which continued access is requested under EO 13526 will require
coordination through the Office of the General Counsel (GC) prior to submission to
EHSS-43 or NA-74. In these cases, GC will review requests for applicability under this
Order, and if relevant, requests will be forwarded to NA-1/EHSS-1 for approval.
6. The process for obtaining authorization for positions outside of PAS designation will
proceed as follows:
a. The Program Office submits a justification memorandum to NA-1/EHSS-1 as
outlined above requesting continued access for the individual.
Section 27
Appendix F – Federal Employees Only DOE O 472.2A
Page F-2 6-10-2022
b. NA-1/EHSS-1 routes the request to GC for interpretation and review of
applicability under EO 13526, and GC provides their response to NA-1/EHSS-1.
c. NA-1/EHSS-1 provides their approval or disapproval to the requesting Program
Office.
d. If approved, the Program Office submits the approval action via eCAR to NA-74
or EHSS-43 for processing.
7. When access is granted under this Appendix, the individual will be notified in writing by
NA-74 or EHSS-43 of the approval and the limitations of their access. For purposes of
access management, the clearance eligibility information will be documented in DOE
clearance tracking systems only, and will not be transferable to any other agency via
national databases. Specifically, this access is not used for reciprocity purposes.
Authorization must not exceed a period of one year from the date of approval.
8. For political appointee positions that are not covered or approved under EO 13526,
appointees may maintain their access with DOE via DOE O 321.1, Employment of
Experts and Consultants, current version, or with other executive branch agencies via
SEAD 7, Reciprocity of Background Investigations and National Security Adjudications,
or successor directive.
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-1
ATTACHMENT 1:
CONTRACTOR REQUIREMENTS DOCUMENT
DOE O 472.2A, PERSONNEL SECURITY
This Contractor Requirements Document (CRD) prescribes requirements and procedures
necessary for U.S. Department of Energy (DOE), including the National Nuclear Security
Administration (NNSA, hereafter referred to uniformly as DOE, unless otherwise specified),
contractors to efficiently and effectively process their employees for DOE security clearances.
These requirements incorporate and supplement requirements found in Title 32 Code of Federal
Regulations (CFR) Part 117, National Industrial Security Operating Manual (NISPOM), and the
CRD attached to DOE Order (O) 470.4, Safeguards and Security Program, current version.
The contractor is responsible for complying with the requirements of this CRD. The contractor is
responsible for flowing down the requirements of this CRD to subcontractors at any tier to the
extent necessary to ensure the contractor's compliance with this CRD. Unless otherwise
specified, all references in this CRD to contractors apply to both prime contractors and
subcontractors.
A violation of the provisions of this CRD relating to the safeguarding or security of Restricted
Data (RD), Special Nuclear Material (SNM) or other classified information or matter, may result
in a civil penalty pursuant to section 234B of the Atomic Energy Act of 1954 (AEA), as amended
(42 U.S.C. 2282b). The procedures for the assessment of civil penalties are in Title 10 CFR Part
824, Procedural Rules for the Assessment of Civil Penalties for Classified Information Security
Violations (10 CFR Part 824).
In addition to the requirements set forth in this CRD, contractors are responsible for complying
with all Attachments (2-8) to this Order referenced in and made a part of this CRD, and which
provide program requirements and/or information applicable to contracts in which this CRD is
included.
Section 28
As stated in the DOE Acquisition Regulation (DEAR) found at 48 CFR Part 970.5204-2, titled
Laws, Regulations, and DOE Directives, regardless of the performer of the work, site/facility
contractors with the CRD incorporated into their contracts are responsible for compliance with
the CRD. Affected site/facility management contractors are responsible for inserting the
requirements of the CRD into subcontracts at any tier to the extent necessary to ensure
compliance with the CRD.
In performing actions under this Order, the contractor may encounter personally identifiable
information (PII). Loss or compromise of PII must be reported in accordance with the provisions
of the CRD attached to DOE O 206.1, Department of Energy Privacy Program, current version,
as applicable.
The AEA and Executive Order 12968 provide the basis for DOE's personnel security program,
which encompasses sets of activities for determining an individual's eligibility for access to
classified information or SNM.
Attachment 1 – CRD, Contractors Only DOE O 472.2A
Page 1-2 6-10-2022
1. General Requirements for Security Clearances.
a. Security clearance requests for Key Management Personnel (KMP) and other
contractor employees where there is a pending Facility Clearance (FCL) request
must be managed in accordance with DOE O 470.4, Safeguards and Security
Program, current version, and the NISPOM.
b. Security clearances must only be requested and maintained at the minimum
number necessary to ensure operational efficiency.
c. The contractor must submit a security clearance request to DOE only after
determining the security clearance is essential for the individual to perform tasks
or services stipulated in the contract.
d. The contractor must not request a security clearance to:
(1) Avoid the use of access controls or physical barriers to distinguish
perimeters among security areas or between security and open areas, or to
alleviate responsibilities for escorting individuals without security
clearances within a controlled area. Federal Site Managers must require
such contract employees to have security clearances if, in their judgment,
operational necessities or cost considerations require it and inadvertent
access to classified information or SNM by these individuals cannot
otherwise be reasonably prevented.
(2) Alleviate individual or management responsibilities for properly
protecting classified information or SNM or controlling dissemination of
classified information or SNM on a need-to-know basis.
(3) Determine an individual's fitness for employment with the contractor.
(4) Establish a pool of contractor employees with pre-existing security
clearances.
(5) Accommodate an individual's personal convenience, expedience, gain or
advantage.
(6) Anticipate unspecified classified work.
e. A security clearance must be requested only when required to avoid the
unnecessary expenditure of DOE resources and the unwarranted invasion of an
individual's privacy.
f. Individual access to classified information or SNM must not be permitted until
notification has been received from DOE that a security clearance has been
granted. Verbal notification from the CPSO may be accepted, to be followed by
written confirmation of the action.
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-3
g. Security clearances must be requested only for individuals who are United States
(U.S.) citizens and are at least 18 years of age.
Section 29
h. Only authorized DOE Federal employees can render a formal security clearance
determination; however, contractors are authorized to take actions that affect an
individual's access, such as restricting access to classified information or SNM
when a security clearance is terminated or administratively withdrawn, or
obtaining a DOE F 5631.29, Security Termination Statement, prior to the
individual's departure.
i. Contractor personnel must provide logistical assistance (see paragraph 4.e. below)
to DOE and Federal investigative agencies for conducting initial investigations,
reinvestigations (if applicable), and additional investigations when authorized by
DOE.
j. DOE retains authority in all matters related to DOE personnel security activities.
Personnel security activities are not subject to collective bargaining between
contractor management and labor.
k. The contractor must not use an individual's security clearance status as a
determining factor for hiring, entering into a consultant agreement, or awarding a
subcontract.
l. Contractor management officials or other employees must not use DOE personnel
security requirements to coerce, restrain, threaten, intimidate, or retaliate against
individuals for exercising their rights under the Constitution or under any statute,
regulation, or DOE directive.
m. Unless otherwise stipulated, the contractor will not be required to reimburse DOE
for costs associated with processing the contractor's applicants or employees for
investigative or other types of actions related to security clearances.
2. Security Clearance and Access Authorization Types.
a. Security clearances and access authorizations denote an individual's eligibility for
access to a particular type of classified information or material, such as National
Security Information (NSI), RD, SNM or Sensitive Compartmented Information
(SCI). Unless otherwise specified, access authorizations and security clearances
are commonly referred to as security clearances throughout this CRD.
b. This section describes those security clearances and access authorizations for
which DOE cognizant personnel security offices (CPSO) are responsible. Other
access authorizations issued by DOE appear in Attachment 2.
c. Security Clearances.
(1) Top Secret. A Top Secret (TS) security clearance is required for access to
NSI, as defined by EO 13526, classified at the TS level and Formerly
Attachment 1 – CRD, Contractors Only DOE O 472.2A
Page 1-4 6-10-2022
Restricted Data (FRD), as defined by the AEA at the TS level. A TS
security clearance also permits access to NSI and FRD classified at the
Secret and Confidential levels.
(2) Secret. A Secret (S) security clearance is required for access to NSI and
FRD classified at the S level. A Secret security clearance also permits
access to NSI and FRD classified at the Confidential (C) level.
(3) Confidential. A Confidential (C) security clearance is required for access
to NSI and FRD classified at the C level.
Granting a TS or S security clearance does not give the recipient approval for a Q
or L access authorization without the appropriate need-to-know by the recipient.
d. Access Authorizations.
(1) Q. A Q access authorization is required for access to:
(a) RD, as defined by the AEA, classified at the TS or S level;
(b) SNM, as defined by the AEA, designated as Category I and other
categories with credible roll-up to Category I;
(c) A Q access authorization permits access to information and
material described below for L access authorizations;
Section 30
(d) A Q access authorization also allows access to information listed
under TS, S, and C security clearances above.
(2) L. An L access authorization is required for access to:
(a) RD classified at the C level and/or SNM designated as Categories
II and III, unless special circumstances determined by a site
vulnerability assessment and documented in associated site
security plans mandate otherwise;
(b) An L also allows access to information listed under S and C
security clearances above.
3. Pre-Employment and Pre-Processing Requirements.
a. The contractor must require applicants and employees selected for positions
requiring security clearances to provide evidence of U.S. citizenship and must
verify such evidence when requesting that the individuals be processed for
security clearances. Acceptable evidence of U.S. citizenship consists of the
following:
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-5
b. For an individual born in the U.S., a current or expired U.S. passport or passport
card or a birth certificate are the primary and preferred means of citizenship
verification. Acceptable birth certificates must show that the record was filed
shortly after birth and must be certified with the registrar's signature. The birth
certificate 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 one year after 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 certificates, hospital birth records or affidavits of
individuals 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 must be original
or certified.
c. For an individual claiming citizenship by naturalization, a Certificate of
Naturalization (Form N-550 or N-570) showing the individual's name is required.
d. For an individual claiming citizenship acquired by birth abroad to a U.S. citizen,
one of the following (showing the individual's name) is required:
(1) Certificate of Citizenship (Form N-560 or N-561),
(2) Consular Report of Birth Abroad of a Citizen of the U.S. of America (State
Department Form FS 240)
(3) N-600, Application for Certificate of Citizenship
(4) Certificate of Birth (Form FS 545 or DS 1350),
(5) A current or expired U.S. passport, or passport card
e. The contractor must not concurrently submit an applicant or employee for a DOE
security clearance and a security clearance with another Federal agency. If a
security clearance is required to perform work on classified contracts at DOE and
one or more other agencies, the contractor will submit the request for the highest
security clearance necessary, and rely upon reciprocity for lower clearances.
f. The contractor must furnish information pursuant to 48 CFR 952.204- 2(h)(2)(vi)
[the DEAR Clause], if required by the CPSO.
4. Processing DOE Security Clearance Requests.
a. Security clearance requests must be forwarded through established channels to the
CPSO using the DOE F 473.3, U.S. Department of Energy Clearance Access
Request (DOE F 473.3), or eClearance Access Request. Requests must include a
cover letter or form that requests the security clearance and provides the
Section 31
Attachment 1 – CRD, Contractors Only DOE O 472.2A
Page 1-6 6-10-2022
justification for processing (additional documentation may be required by the
CPSO).
The justification must describe in detail (without revealing classified information)
the duties of the position and the levels and types of classified information or
SNM to be accessed. The contractor must also indicate whether the individual
holds or has held a security clearance issued by DOE or any other Federal agency.
General statements such as "A security clearance is required to perform
contractual duties" are unacceptable, as are statements that policy requires all
applicants or employees to be processed for security clearances. The following
represents an example of an acceptable justification:
(1) "Mr./Ms._________ is a computer system engineer with ABC, Inc.
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."
(2) Verification of the individual's evidence of U.S. citizenship, as detailed in
paragraph 3.a. above.
(3) The DOE contract or subcontract number under which the security
clearance is being requested.
(4) Information regarding contractor reviews, pursuant to 48 CFR
952.204- 2(h)(2)(vi) [the DEAR Clause], if required by the CPSO, and
(5) Additional documentation set forth in Attachment 2.
b. The contractor must also:
(1) Designate certain employees to review completed security forms and all
related material for adequacy and completeness before they are submitted
to DOE.
(2) Advise employees and applicants for employment in writing that their
forms will be reviewed only by those designated employees and that such
information will not be used for any other purpose within the company.
(3) Elect whether to 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 must be informed of the
contractor's policy concerning 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, the security forms maintained by the contractor. The
contractor should recommend to the individual that they maintain copies
of their completed security forms for personal records.
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-7
c. Establish written procedures for the protection of security clearance request
information, including procedures for the following:
(1) Designating responsible employees who are trained in the procedures for
reviewing completed security forms before their submission to DOE.
(2) Informing all employees with access to completed security forms,
pre-employment or pre-processing check information and other security
clearance-related information of their responsibility to protect the
information from unauthorized disclosure.
(3) Ensuring individuals can complete and submit all forms or other data
collections required during the security clearance process in private.
Assistance in completion of any forms will be provided by a contractor
employee who has been specifically designated by the contractor to review
such forms.
Section 32
d. Deficient security clearance requests will be returned to the contractor by the
CPSO with a clear indication of the nature of the deficiency(ies). The contractor
must ensure that deficient requests are corrected and returned to the CPSO in a
timely manner.
e. The contractor must assist in the timely processing of security clearance actions
by:
(1) Ensuring the availability of the contractor applicants and employees for
the conduct of personal interviews by the investigative service provider or
consultations by DOE personnel security staff, and
(2) Ensuring that other employees are made available, as needed, to provide
information during the conduct of all personnel security background
investigations.
f. The contractor is responsible for reviewing, approving, and submitting security
clearance requests for its subcontractor, consultant, or agent applicants or
employees. Such requests must be kept to a minimum in accordance with DOE
requirements.
5. Temporary Eligibility.
a. When urgent operational or contractual exigencies or exceptional circumstances
exist, CPSOs may grant temporary security clearance eligibility in accordance
with Attachment 4.
b. Temporary Access to Classified Information (Interim Security Clearances). Only
under exceptional circumstances when such action is clearly consistent with
Departmental and national interests will a contractor applicant or employee,
pending completion of the appropriate investigation, be permitted to have
Attachment 1 – CRD, Contractors Only DOE O 472.2A
Page 1-8 6-10-2022
temporary access to classified information. Interims are temporary measures
pending completion of an expedited investigation, which must be in process.
Non-U.S. citizens are not eligible for interim access to classified information or
SNM. Contractors may submit a request that a particular applicant or employee be
considered for interim access when providing justification for the security
clearance request [see paragraph 4.a.(1) above] but determinations regarding
whether any individual is afforded such access is solely the purview of Federal
CPSO staff. See Attachment 4 for additional information regarding interims.
c. Temporary Access to a Higher Level of Classified (Temporary Security
Clearances Upgrade).
(1) Circumstances may arise where an urgent operational or contractual
exigency exists requiring a cleared DOE contractor employee to have
non-recurring (not to exceed 180 days) access to classified information or
SNM at a higher level than is authorized by their existing security
clearance. When access is expected to exceed 180 calendar days, the
sponsor will request a Temporary Access to Classified information in
accordance with paragraph 5.a. above.
(2) In such situations, and only for compelling reasons in furtherance of the
DOE mission, the contractor must certify the need in writing and submit it
to the appropriate Federal Site Manager. If the Federal Site Manager is
satisfied that exigent circumstances exist, the Federal Site Manager must
certify the need for the security clearance in writing and submit it to the
appropriate CPSO. The CPSO may consider the request and grant or deny
the security clearance in accordance with procedures set forth in
Attachment 4.
d. One-Time Access to Classified Information.
Section 33
(1) During exceptional circumstances, DOE contractor employees may be
approved for one-time access to classified information when it is
determined to be in the national security interest. One-time access will be
limited to DOE contractor employees whose expertise offers specialized
and important benefit and value to the United States Government (USG),
or to individuals to whom access to classified information needs to be
provided in the interest of national security.
(2) One-time access must be limited to the period needed to accomplish the
national security requirement and must not exceed one year. Where access
is expected to be more than one year, the contractor employee is required
to be sponsored for a security clearance.
(3) One-time access will only be granted to U.S. citizens with a willingness
and ability to abide by regulations governing the use, handling, and
protection of classified information. A request by a contractor to process
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-9
one-time access to classified information must be approved by the most
senior DOE-cleared management official of the company holding the
affected contract and the DOE Program Secretarial Officer with
jurisdiction over the office where the contractor employee will be
employed. Specific requirements and processes related to the issuance
one-time access to classified information is set forth in Attachment 4.
6. Limited Access Authorization (Non-U.S. Citizen).
a. Only U.S. citizens are eligible for a security clearance. Contractors must make
every effort to ensure that only U.S. citizen employees are assigned to perform
duties that may require access to classified information. However, compelling
reasons may exist to grant access to classified information to a non-U.S. citizen
contractor employee. Where a non-U.S. citizen possesses unique or unusual skills
or expertise that is urgently needed to support a specific Departmental mission
involving access to classified information, and a qualified U.S. citizen eligible for
such access is not available, contractors may submit non-U.S. citizens for a
Limited Access Authorization (LAA). LAAs provide limited access to certain
types of classified information by non-U.S. citizens, and are subject to strict
controls and conditions. Such submissions must include detailed information
concerning the steps the contractor took to secure the services of a U.S. citizen.
b. LAAs must not permit access to any greater level of classified information than
the USG has determined may be releasable to the country of which an individual
is currently a citizen. DOE's Headquarters General Counsel must make this
assessment. LAAs must only be approved if a background investigation at the
level required by EO 12968, or successor national-level standards, is conducted.
c. A request by a contractor to process a non-U.S. citizen for an LAA must be
approved by the most senior DOE-cleared management official of the company
holding the affected contract and the DOE Program Secretarial Officer with
jurisdiction over the office where the contractor employee will be employed.
Specific requirements and processes related to the issuance of LAAs are set forth
in Attachment 3.
7. Reporting Requirements.
a. All cleared contractor employees (including individuals with a suspended
clearance) and applicants must follow the guidance in Attachment 5. Cleared
contractor employees incur a special and continuing security obligation to be
aware of the risks associated with foreign intelligence operations and/or possible
terrorist activities directed against them in the U.S. and abroad.
Section 34
b. Cleared contractor employees also have a responsibility to recognize and avoid
personal behaviors and activities that may adversely impact their continued
national security eligibility. Cleared contractor employees must report any
Attachment 1 – CRD, Contractors Only DOE O 472.2A
Page 1-10 6-10-2022
planned or actual involvement in any of the activities as indicated in Attachment
5, or otherwise as soon as possible following the start of their involvement.
c. Failure to comply with reporting requirements may result in administrative action
that includes, but is not limited to, revocation of the cleared contractor employee's
security clearance.
d. Reportable Information (see Attachment 5) must be reported verbally or in
writing directly to the CPSO immediately upon the individual becoming aware of
the situation or incident. If the information is verbally reported, a written
confirmation must be submitted within three (3) working days after the situation
or incident.
e. Contractors must notify the CPSO of any of the following conditions affecting the
status of a contractor applicant's or employee's security clearance. All
notifications under this paragraph must be made within three (3) working days
followed by written confirmation within the next ten (10) working days.
(1) When made aware of any other information of a personnel security
interest, as delineated in Attachment 5, concerning a contractor applicant
or employee;
(2) When the contractor restricts or withdraws a contractor employee's access
to classified information or SNM without DOE direction;
(3) When a cleared employee is terminated under unfavorable circumstances,
regardless of the reason for the termination;
(4) When made aware of the death of a contractor applicant or employee; or
(5) When a cleared contractor employee is transferred to another location
(minimally, this will apply when a contractor employee's security
clearance moves to the jurisdiction of another CPSO).
f. The contractor must inform contractor applicants and employees who are
applying for or in possession of a security clearance that they have a specific
obligation to truthfully provide all information requested for personnel security
purposes to DOE. Contractors and clearance holders must:
(1) Provide full, frank, and truthful answers to relevant and material
questions.
(2) Furnish, or authorize others to furnish if necessary, information that DOE
deems necessary to the security clearance eligibility process, when
requested.
(3) Report any situations or incidents as they occur that may have the
tendency to impact the individual's eligibility for a security clearance
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-11
verbally and in writing and directly to DOE immediately upon the
individual becoming aware of the situation or incident and in no event
later than three (3) working days after the event (see Attachment 5).
(4) Notify CPSO whenever they learn of the presence of any such situations
or incidents that may have the tendency to impact an individual's
eligibility for a security clearance regarding anyone they know to possess
a DOE security clearance or to be in the process of obtaining a DOE
security clearance immediately upon the individual becoming aware of the
situation or incident and in no event later than three (3) working days after
the event.
Section 35
(5) The foregoing responsibilities apply when completing security forms,
during all personnel security investigations and at any stage of the security
clearance process including, but not limited to letters of interrogatory,
personnel security consultations, DOE-sponsored mental health
evaluations and other authorized investigative activities.
(6) All DOE contractor employee security clearance holders and applicants
who are approached by any individual seeking unauthorized access to
classified information or SNM, or who experience any other potentially
counterintelligence-related incidents, must report such information in
accordance with DOE O 475.1, Counterintelligence Program, current
version.
g. Failure or refusal to cooperate with any of these activities may prevent DOE from
granting or continuing a security clearance. In this event, any current security
clearance may be administratively withdrawn or, for contractor applicants, further
processing of a security clearance request may be terminated.
h. Contractor employees with active security clearances will be initially briefed and
annually briefed regarding their personnel security responsibilities in accordance
with the CRD attached to DOE O 470.4, Safeguards and Security Program,
current version.
8. Administrative Withdrawal of Security Clearances.
a. The contractor must request the CPSO administratively withdraw a contractor
employee's security clearance when an individual terminates employment or when
official duties no longer require access to classified information or SNM. The
contractor must provide the CPSO a DOE F 5631.29, Security Termination
Statement, completed by the contractor employee, within three (3) working days
upon termination of employment or when official duties no longer require access
to classified information or SNM.
b. The purpose of DOE F 5631.29 is to ensure that the individual is aware of the
continuing responsibility to protect classified information and SNM after
withdrawal of a security clearance. In cases where it is not possible to obtain the
Attachment 1 – CRD, Contractors Only DOE O 472.2A
Page 1-12 6-10-2022
individual's signature, the completed but unsigned DOE F 5631.29 must still be
submitted. In addition, the contractor must provide an explanation to the CPSO of
the circumstances surrounding the withdrawal and why the employee's signature
could not be obtained.
9. Security Clearance Pending Reemployment/Reassignment. The CPSO may approve a
contractor request for an individual who is terminating employment with the contractor
per paragraph 8.a. of this CRD to retain a security clearance when the contractor verifies
that the individual will be reemployed or reassigned by the contractor within the next 90
calendar days to a position that will require a security clearance.
10. Security Clearance Reapproval Requests. The contractor must request the CPSO consider
reapproving a security clearance for a contractor applicant or employee when the
contractor is aware that the individual previously held a security clearance. The CPSO
will advise the contractor whether the individual must complete a new set of security
forms, update information previously provided, or be subject to additional investigation
per the provisions of paragraph 4. of this CRD.
11. Security Clearance Upgrade Requests. The contractor must request that the CPSO
upgrade a contractor employee's security clearance in accordance with any new, higher
access requirements associated with the duties of the position. The request must be
accompanied by appropriate personnel security forms and a revised security clearance
justification statement, as directed by the CPSO.
Section 36
12. Security Clearance Downgrade Requests. The contractor must request that the CPSO
downgrade a contractor employee's security clearance in accordance with any new, lower
access requirements associated with the duties of the position. The request must be
accompanied by a revised security clearance justification statement.
13. Security Clearance Suspension, Revocation, and Denial.
a. Upon receiving notification from the CPSO of an employee's security clearance
suspension or denial of final security clearance, even after previous approval of an
interim, the contractor must ensure that the employee is precluded from access to
classified information and/or SNM.
b. Suspension, denial, or revocation of an individual's security clearance does not
prevent the contractor from assigning or transferring the individual to duties that
do not require a security clearance.
14. Training. All cleared contractor employees and any contractor employees involved in
personnel security activities must be fully qualified as necessary relative to their duties
and responsibilities, in accordance with national and Departmental requirements and
Attachment 6.
DOE O 472.2A Attachment 1 – CRD, Contractors Only
6-10-2022 Page 1-13 (and I-14)
15. Records Maintenance.
a. The contractor must maintain current records that reflect, by contract numbers, all
contractor employees granted security clearances. The records must include the
contractor employee's name, PSF case number, and the date the security clearance
was granted.
b. Copies of correspondence to and from DOE that reflect security clearance matters
for each contractor applicant and employee must be maintained including: the
request for a security clearance, notification that security clearance action was
affected, and security clearance termination and administrative withdrawal action.
Such copies must be maintained while the individual holds a security clearance at
the contractor's request and for a period of two (2) years after the date the
individual's security clearance is terminated, at which time they may be destroyed.
c. All records and information pertaining to contractor applicant and employee
security clearance matters, including copies of personnel security forms and
information collected from the conduct of pre-employment or pre-processing
checks, must be protected against unauthorized disclosure in accordance with the
Privacy Act of 1974 (5 U.S.C 552a). Information collected by the contractor for
security clearance processing must not be used by the contractor for any purpose
other than that for which it is intended and must not be provided to non-contractor
employees or any other entity or organization without prior approval from the
CPSO.
16. Recertifications and Reinvestigations.
a. The contractor must submit a completed SF-86 on an as-needed basis once
periodic deferrals of reinvestigations are implemented in the Department every
five years until the Department has implemented Trusted Workforce 2.0 and as
required by national standards.
b. The contractor must comply with periodic DOE requests to recertify its
employees' security clearance status.
c. The contractor must comply with a request for recertification or for an
examination of security clearance or other records that may be requested during
the conduct of a DOE security survey or special survey.
d. The contractor must ensure that cleared contractor employees cooperate fully with
DOE requirements concerning reinvestigations when applicable.
Section 37
17. Actions by the Secretary. Nothing in this CRD will be construed to limit the Secretary's
authorities and responsibilities under EO 12968 (section 1.2(b), et al), EO 10865
(section 9), or the AEA to grant, continue, deny, or terminate a security clearance in the
interest of national security, or to modify or withhold certain AR procedures set forth at
10 CFR 710.
DOE O 472.2A Attachment 2 – Federal Employees and Contractors
6-10-2022 Page 2-1
ATTACHMENT 2:
SECURITY CLEARANCE REQUESTS/JUSTIFICATIONS
AND ACCESS AUTHORIZATIONS
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to contracts in which the associated CRD (Attachment 1) is included.]
1. In addition to the information set forth elsewhere in the body of this Order and in the
CRD, all justifications for security clearances (for both initial and reinvestigation actions)
must contain the following:
a. Full name of the individual.
b. Individual's Social Security Number.
c. Date and place of birth.
d. Individual's status (Federal employee/contractor employee).
e. Contractor name (if contractor applicant/employee).
f. Primary program code (e.g., EM - Environmental Management; FE - Fossil
Energy and Carbon Management; IG - Inspector General; NE - Nuclear Energy;
OE - Office of Enforcement; NNSA - Nuclear Security/Administrator for
National Nuclear Security Administration; SC - Office of Science).
g. Facility code (if contractor employee).
h. Level of security clearance required, i.e., TS, S, C, Q or L.
i. A detailed description (without revealing classified information) as to why the
individual requires access. The description must include a full explanation of the
information to be accessed, how often the access is needed, and for what
programs/projects the information is needed.
j. Full name, title, and telephone number of the requester.
k. Signature of the requester.
2. All initial security clearance requests (to include first-time clearance requests and
reapprovals) must include the justification, as set forth in 1. above, except in cases where
reciprocity applies, as indicated by an '*':
a. Negative results of a drug test dated no more than 90 calendar days prior to the
individual's SF-86 signature or, for cases being considered under reciprocity, no
more than 90 calendar days prior to the date of the security clearance request (not
required for employees of state or local governments).
Attachment 2 – Federal Employees and Contractors DOE O 472.2A
Page 2-2 6-10-2022
b. An SF-87, Fingerprint Chart (for Federal employees); an FD 258, Applicant
Fingerprint Chart (for all others); or fingerprints taken electronically via an
approved capture method (e.g., at a GSA-provided Homeland Security
Presidential Directive-12 enrollment center), when available. Note: Fingerprints
are not required if a previous investigation included a classifiable fingerprint
search by the Federal Bureau of Investigations.
c. DOE F 5631.18, Security Acknowledgement.
3. In addition to TS, S, and C security clearances and L and Q access authorizations, all of
which are granted by CPSOs, the DOE issues several other types of access
authorizations. These other access authorizations are issued by the DOE office indicated:
a. Sensitive Compartmented Information (SCI). SCI access must be approved by the
DOE Senior Intelligence Officer or their designated representative within the
Office of Intelligence and Counterintelligence.
Section 38
b. Cryptographic Information (CRYPTO). CRYPTO access is approved by the
Office of Technical Security.
c. Communications Security (COMSEC). COMSEC access is approved by the
Office of Technical Security.
d. Nuclear Weapon Data. Requirements and procedures for access to nuclear
weapon data (categorized as SIGMA information) is determined and promulgated
by the National Nuclear Security Administration (NNSA) using DOE and NNSA
directives. For additional information, consult DOE O 452.8, Control of Nuclear
Weapon Data, current version; DOE O 452.7, Protection of Use Control
Vulnerabilities and Designs, current version; and DOE O 457.1, Nuclear
Counterterrorism, current version.
e. Special Access Program (SAP). A SAP is a program created for a specific
segment of classified information that imposes safeguards and access
requirements that exceed those normally required for information at the same
classification level and/or category. Access to any SAP must be granted in
accordance with procedures established within DOE O 471.5, Special Access
Programs, current version.
f. North Atlantic Treaty Organization Information (NATO). NATO access requires
NNSA approval from the Office of Security Operations and Performance
Assurance.
DOE O 472.2A Attachment 3 – Federal Employees and Contractors
6-10-2022 Page 3-1
ATTACHMENT 3:
LIMITED ACCESS FOR NON-U.S. CITIZENS
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to contracts in which the associated CRD (Attachment 1) is included.]
Limited Access Authorizations (LAA) for Non-U.S. Citizens.
1. This section deals solely with non-U.S. citizens who have not been investigated or issued
a security clearance by any foreign government. Non-U.S. citizens who have been
investigated and granted the equivalent of a security clearance by a foreign government
may be granted access to classified information at DOE via the passing of a security
assurance by the foreign government to DOE in accordance with DOE Order 470.4,
Safeguards and Security Program, current version.
2. Where there are compelling reasons in furtherance of a DOE mission, non-U.S. citizens
who possess a special expertise may be granted limited access to classified information
only for specific programs, projects, or contracts for which there is need for access. Such
individuals will not be eligible for access to any greater level of classified information
than the U.S. Government (USG) has determined may be releasable to the country of
which the individual is currently a citizen. The Director must consult with the DOE
Office of the General Counsel to make this assessment. Such limited access may be
approved only if an investigation of the level required by Executive Order 12968, Access
to Classified Information, or successor national standards, for a Top Secret (TS) security
clearance can be conducted.
3. A non-U.S. citizen granted an LAA is not eligible for access to SNM or to any of the
following types of classified information:
a. TS, Cryptographic (CRYPTO), Restricted Data, Formerly Restricted Data or
Special Access Program information.
b. Information that has not been determined by a USG Designated Disclosure
Authority to be releasable to the country of which the individual is a citizen.
c. Communication Security (COMSEC) information.
d. Sensitive Compartmented Information (SCI) or Intelligence information.
Section 39
e. North Atlantic Treaty Organization (NATO) Information. However, a national of
a NATO member nation may be authorized access to NATO information
provided that a NATO Security Clearance Certificate is obtained by DOE from
the individual's home country and such access is limited to performance on a
specific NATO contract.
(1) Information for which foreign disclosure has been prohibited in whole or
in part (identified as Not Releasable to Foreign National (NOFORN)).
Attachment 3 – Federal Employees and Contractors DOE O 472.2A
Page 3-2 6-10-2022
(2) Classified information provided to the USG by a third party government
and information furnished in confidence to the USG by a third party
government.
4. The Program Secretarial Officer with jurisdiction over the information to be released to
the non-U.S. citizen must submit a detailed request and justification for the desired LAA
to the appropriate Cognizant Personnel Security Office (CPSO).
5. Upon receipt of the request, the CPSO will conduct a consultation with the non-U.S.
citizen. The consultation does not require approval as those consultations in 4.o.(12) of
the requirements section. The CPSO must determine:
a. The nature and extent of the individual's contacts and continuing associations with
individuals outside the U.S. (to include family members);
b. The degree to which the individual exercises his or her foreign citizenship;
c. Whether the individual or any of the individual's associates (to include family
members) are or have been affiliated with any foreign government, foreign
government-controlled organization or state-owned enterprise; and
d. After completion of the consultation, the CPSO may, through the local DOE
counterintelligence office, request a preliminary counterintelligence-focused risk
assessment. If the results of this risk assessment indicate that it would not be
feasible to continue with the LAA process, the CPSO will notify the requesting
Program Secretarial Officer.
6. If the results of the risk assessment support continued processing, the CPSO will forward
the results of the consultation and risk assessment, along with all other relevant
information, to the Director.
7. After reviewing all available information, the Director in coordination with appropriate
headquarters authorities, will:
a. Determine to continue processing the LAA request, in which case the Director
will notify the CPSO to commence processing the individual for a background
investigation, or
b. Determine that the individual will not be processed for an LAA. In this case, the
Director will notify the CPSO and the applicable Program Secretarial Officer.
8. In the case of a determination as in 7.(a), above, the CPSO will process the individual for
a background investigation in accordance with investigative and adjudicative procedures
set forth in this Order.
9. When the CPSO has reached an adjudicative determination, the CPSO may coordinate a
formal comprehensive counterintelligence-focused risk assessment with the local DOE
counterintelligence office.
DOE O 472.2A Attachment 3 – Federal Employees and Contractors
6-10-2022 Page 3-3 (and 3-4)
10. The CPSO will then forward the results of the adjudication and the risk assessment to the
Director for concurrence.
11. The Director will approve/concur and instruct the CPSO to grant the LAA or will
disapprove/non-concur and notify the CPSO and the applicable Program Secretarial
Officer. The Director's determinations in these cases are final.
Section 40
12. The CPSO must review all LAAs annually to ensure that they are still needed. The
Program Secretarial Officer who initially requested the LAA must annually re-justify
each request. Annual re-concurrence of the Director is not needed, provided the CPSO
has no reason to believe the individual may no longer meet the requirements of the LAA.
The Department retains authority to conduct routine reinvestigations as needed for
individuals granted LAAs.
13. The CPSO must immediately withdraw an LAA upon receiving confirmation that the
individual is no longer affiliated with DOE or otherwise no longer requires the access for
which the LAA was granted, or at the direction of the Director.
14. The CPSO must immediately revoke an LAA should the CPSO come into possession of
information that indicates the individual no longer satisfies the eligibility requirements
for an LAA. Such revocations are not subject to the AR procedures set forth in 10 CFR
710.
DOE O 472.2A Attachment 4 – Federal Employees and Contractors
6-10-2022 Page 4-1
ATTACHMENT 4:
TEMPORARY ELIGIBILITY
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to contracts in which the associated CRD (Attachment 1) is included.]
1. When urgent operational or contractual exigencies or exceptional circumstances exist,
CPSOs may grant temporary security clearance eligibility in accordance with Security
Executive Agent Directive 8 and this attachment.
2. Temporary Access to Classified Information (Interim Security Clearances).
a. The need for temporary access to classified information must originate with the
supervisory/management and be approved in writing by the Federal head of the
applicable Departmental element in which the individual will be assigned (Note:
individuals may not request temporary access on their own behalf).
b. All such requests must be provided to the CPSO and must include a detailed
justification which explains why:
(1) A serious delay of, or interference in, an operation or project essential to a
DOE program will occur unless the individual is granted access to
classified information or SNM before completion of the normal security
clearance process, and
(2) The services of a qualified person who is currently cleared to access the
necessary classified information or SNM cannot be obtained.
c. Temporary access to classified information may only be requested in conjunction
with, or following, the submission of an associated security clearance request, as
set forth in this Order, including Attachment 2.
d. The CPSO will review the individual's personnel security forms and PSF/ePSF (if
one exists) to determine whether the case contains any information of a security
concern. If so, the CPSO must notify the requester that the request for temporary
access to classified information has been denied, and that the case must proceed
according to normal processing procedures.
e. Requests for temporary access to classified information in cases for which there is
no information of a security concern will be approved by the CPSO and processed
accordingly provided that:
(1) The appropriate investigation has been submitted and expedited to the
Investigative Service Provider (ISP).
Attachment 4 – Federal Employees and Contractors DOE O 472.2A
Page 4-2 6-10-2022
(2) Approvals for Temporary Access to Confidential, Secret, and L require:
(a) Favorable review of a completed SF-86 by the authorized
adjudicative agency;
Section 41
(b) Citizenship verification; and
(c) Completion and favorable review of a Federal Bureau of
Investigation (FBI) fingerprint check.
(3) Approvals for Temporary Access to Top Secret and Q require:
(a) Favorable review of a completed SF-86 by the authorized
adjudicative agency;
(b) Citizenship verification; and
(c) Completion and favorable review of the following:
1 FBI fingerprint check;
2 FBI name check; and
3 National Crime Information Center (NCIC) check.
f. Supporting rationale for all temporary access to classified information will be
recorded in the individual's PSF/ePSF. All temporary access to classified
information will be noted as such wherever security clearances are recorded, both
internally within DOE and in all DOE submissions to national security clearance
databases.
g. All individuals who are issued temporary access to classified information must be
notified in writing that their continued security clearance is conditional upon
favorable completion of the pending investigation, and may be canceled at any
point where information of a security concern arises. Cancellations cannot be
appealed and adjudication of the individual's eligibility for a security clearance
will continue upon receipt of the completed investigation.
h. If DOE cancels an individual's temporary access to classified information, the
individual's employer must ensure that the individual is precluded from access to
classified information and/or SNM.
i. Access to other programs or types of information (SAP, COMSEC, CRYPTO,
SCI, NATO, or SIGMA) based upon temporary access to classified information
will be granted or denied at the sole discretion of the office with authority for
such access.
DOE O 472.2A Attachment 4 – Federal Employees and Contractors
6-10-2022 Page 4-3
3. Temporary Access to a Higher Level of Classified Information.
a. CPSOs may approve temporary access to a higher level of classified information
and/or SNM for a covered individual granted access to a lower level when
determined necessary to meet operational or contractual exigencies not expected
to be of a recurring nature pursuant to EO 12968, as amended. Access approvals
will remain valid until the exigency has abated or the access is terminated. In any
case, access must not exceed 180 days. When access is expected to exceed 180
calendar days, the sponsor will request Temporary Access to Classified
information in accordance with paragraph 1., above.
b. Temporary access to a higher level of classified information must be necessary to
meet operational or contractual exigencies not expected to be of a recurring
nature.
(1) Such higher level of access will be limited to specific, identifiable
information and information access records must be maintained. The
nature of this information must be referenced on the request for access.
(2) Acceptable temporary access to higher level of classified information is: L
to Q or TS; S to Q or TS; and any C to L or S.
c. Requests for temporary access must include a justification and must be forwarded
by the appropriate official (i.e., contractor, Federal site manager) with the request
to the appropriate CPSO. This submission must set forth the expected duration of
the higher level of access, identify the information to which the individual will be
afforded access, and describe the exigent circumstances prompting the request.
Section 42
d. If the CPSO is satisfied that exigent circumstances exist, that routine processing
of the individual for the higher level of access to classified information would
adversely impact mission needs, is not in possession of information indicating that
access at the higher level of access to classified information would jeopardize
Departmental interests or the national security, and that the request is not an
attempt to circumvent normal security clearance processing requirements, the
CPSO must grant the higher level of access. Otherwise, the request must be
denied and returned to the requester with an explanation as to the reason(s) for the
denial.
e. Recipients of temporary access to a higher level of information must possess a
current security clearance and the access required will be limited to classified
information or SNM one level higher than the recipient's current security
clearance.
f. Temporary access to higher level of classified information must be recorded in the
recipient's PSF/ePSF and in the CPCI, but will not be included in submissions to
inter-agency databases. Such security clearances are not subject to reciprocity.
Attachment 4 – Federal Employees and Contractors DOE O 472.2A
Page 4-4 6-10-2022
g. Access at the higher level will be facilitated under the general supervision of a
fully-cleared individual. The individual charged with providing such supervision
will be responsible for the general custody of the information provided.
h. Such higher level access must be canceled and associated access terminated
promptly when no longer required, at the conclusion of the authorized period of
access, upon notification from the granting authority, or after 180 calendar days
from when access was granted, whichever comes first.
i. If, during the period of temporary higher level access, information of a security
concern arises which indicates that suspension or revocation of the individual's
permanent security clearance may be warranted, the temporary higher level access
will be canceled and action will be taken under 10 CFR 710 regarding the
permanent clearance. No due process or other procedural rights exist regarding
temporary access to a higher level of classified information.
j. Temporary access to a higher level of classified information to other programs or
types of information (SAP, COMSEC, CRYPTO, SCI, NATO, or SIGMA) based
upon temporary access to a higher level classified information will be granted or
denied at the sole discretion of the office with authority for such access.
4. One-Time Access to Classified Information.
a. During exceptional circumstances, CPSOs may approve one-time access to
classified information when it is determined to be in the national security interest.
One-time access must be limited to individuals whose expertise offers specialized
and important benefit and value to the United States Government (USG), or to
individuals to whom access to classified information needs to be provided in the
interest of national security.
b. One-time access must be limited to the period needed to accomplish the national
security requirement and must not exceed one year. Where access is expected to
last more than one year, the individual is required to be sponsored by a program
office for a security clearance.
c. One-time access must only be granted to U.S. citizens with a willingness and
ability to abide by regulations governing the use, handling, and protection of
classified information.
Section 43
d. A statement of compelling need must accompany a one-time access request, and
must include the following elements:
(1) The unique qualifications of the individual(s) and/or the unique
circumstances that require access to classified information;
(2) The expected benefit to the USG and national security;
DOE O 472.2A Attachment 4 – Federal Employees and Contractors
6-10-2022 Page 4-5
(3) The expected nature, extent, and level of access to classified information;
and dates for which access is required.
e. CPSOs must record, document, and maintain one-time access to classified
information and the dates for which one-time access was granted locally in the
Clearance Action Tracking System only.
f. One-time access will not be active for multiple national security requirements
unless specifically authorized by the Program Secretarial Officer.
g. Investigative checks and required information identified below must be obtained,
corroborated, and favorably adjudicated prior to granting one-time access. CPSOs
must also obtain all required SF-86 consent forms:
(1) Confidential, Secret, and L Access. The following information, including
PII, will be obtained from the individual and corroborated as required in
the Federal Investigative Standards (FIS) prior to access authorization:
(a) Full name;
(b) Date and place of birth;
(c) Social security number;
(d) Other names used;
(e) Citizenship to include dual/multiple citizenship;
(f) Current address;
(g) Current employment;
(h) Police record; and
(i) Prior investigations and clearance.
(2) The following records checks will be conducted and favorably adjudicated
prior to approving access:
(a) Intelligence Community (IC) Scattered Castles (or successor);
(b) Defense Information System for Security (DISS) or Central
Verification System (CVS) (or successor); and
(c) NCIC check.
(3) Top Secret and Q Access. The following information, including PII, must
be obtained from the individual and corroborated as required in the FIS
prior to access authorization:
Attachment 4 – Federal Employees and Contractors DOE O 472.2A
Page 4-6 6-10-2022
(a) Full name;
(b) Date and place of birth;
(c) Social security number;
(d) Other names used;
(e) Citizenship to include dual/multiple citizenship;
(f) Current address;
(g) Current employment;
(h) Foreign contacts, relatives, and travel;
(i) Police record; and
(j) Prior investigations and clearance.
(4) The following records checks must be conducted and favorably
adjudicated prior to approving access:
(a) IC Scattered Castles (or successor);
(b) DISS or CVS (or successor);
(c) FBI name check;
(d) NCIC check; and
(e) Intelligence Indices.
h. One-time access will be restricted to specific, identifiable classified information,
and will be limited only to information needed to fulfill the national security
requirement.
i. Individuals approved for one-time access will not be permitted access to classified
information technology systems, except under very limited conditions as
approved by the Program Secretarial Officer. Such conditions require restricted
access and continuous oversight and monitoring.
j. One-time access to SAP information requires the approval of the establishing
authority or the designated program manager. Establishing authorities may
implement policies and procedures for one-time access to their SAPs.
k. Programs must ensure classified information with dissemination control markings
that require originator consent for further dissemination (e.g., Dissemination and
Extraction of Information Controlled by Originator [ORCON]) be approved by
Section 44
DOE O 472.2A Attachment 4 – Federal Employees and Contractors
6-10-2022 Page 4-7 (and 4-8)
the originator to be shared with individuals who have a one-time access approval.
Other control markings that restrict access to certain individuals (e.g.,
Caution-Proprietary Information Involved [PROPIN], ORCON-USGOV, etc.)
must be adhered to.
l. Individuals approved for one-time access will receive a security briefing and be
required to sign an approved nondisclosure agreement prior to receiving classified
information.
m. Individuals will be debriefed immediately when access is no longer required.
n. One-time access approvals are valid only within the agency granting such access
and may be terminated at any time without appeal. CPSOs may accept one-time
access approvals from other agencies based on their own assessment of risk on
known information about the individual.
o. One-time access approvals are not to serve as the basis for a subsequent final
security clearance; nor are they authorized for convenience or to fill positions that
would otherwise require a security clearance.
p. One-time access may not be used in lieu of granting temporary access to
classified information (interim security clearance).
DOE O 472.2A Attachment 5 – Federal Employees and Contractors
6-10-2022 Page 5-1
ATTACHMENT 5:
REPORTING REQUIREMENTS
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to contracts in which the associated CRD (Attachment 1) is included.]
The reporting requirements set forth in this Attachment in accordance with 4.w. of the
requirements section of the Order, and paragraph 7. of the CRD apply to all applicants for a
security clearance and covered individuals who hold a security clearance or access authorization,
and/or who occupy a national security position, as set forth in 5 CFR 1400 (collectively referred
to herein as "covered individuals"). Specific details required when reporting this information,
beyond those listed below, will be communicated to covered individuals by the responsible
office. Covered individuals will submit reportable information using the appropriate DOE
Security Executive Agent Directive (SEAD) 3 reporting form or system form to be developed.
Upon recognition that a covered individual’s information may include potential
counterintelligence indicators [as identified by the Office of Intelligence and
Counterintelligence (IN)], Cognizant Personnel Security Offices (CPSO) will refer the
information to the local counterintelligence office. In addition to SEAD 3 reporting
requirements, SCI access holders are also subject to the reporting requirements set forth in
Intelligence Community Standard 703-02, Reporting Requirements for Individuals with Access
to Sensitive Compartmented Information, and DOE O 475.1, Counterintelligence Program,
current version.
1. Unofficial Foreign Travel.
a. Covered individuals must report all unofficial (i.e., personal) foreign travel plans
to the appropriate CPSO before the start of travel. If reporting does not occur
before planned travel, the covered individuals must report travel to the CPSO as
soon as possible after the travel occurs, and no longer than five working days.
Reports of planned unofficial foreign travel must include, at a minimum, the
following information as available and applicable:
(1) Full itinerary;
(2) Dates of travel;
(3) Mode(s) of transport, including identity of carriers;
(4) Passport number;
Section 45
(5) Emergency point of contact;
(6) Names and association of foreign national traveling companions, and
(7) Planned interactions with foreign governments, companies or citizens
during travel and reasons for contact (routine travel/tourism-related
contacts excepted).
Attachment 5 – Federal Employees and Contractors DOE O 472.2A
Page 5-2 6-10-2022
b. When the need for emergency unofficial foreign travel precludes full compliance
with the above requirements, the covered individual must, at a minimum, verbally
notify their supervisor/management chain concerning the nature of the
emergency. Full reporting must be accomplished within five (5) working days of
return.
c. Covered individuals traveling to a sensitive country must receive an appropriate
defensive counterintelligence briefing from the local counterintelligence office
prior to travel. Covered individuals must also receive post-travel debriefings from
IN for all unofficial foreign travel if applicable in accordance with paragraph 1.e.,
below. Deviations from sensitive country travel itineraries must be reported
immediately upon return, but in no event greater than five (5) working days upon
returning to work.
d. Unplanned border crossings to Canada or Mexico must be reported within five (5)
working days of the occurrence.
e. Upon return from any unofficial foreign travel, the covered individual must report
the following information to their CPSO/Counterintelligence:
(1) Unplanned interactions with foreign governments, companies or citizens,
and the reasons for the interaction(s) (not including routine
travel/tourism-related contacts);
(2) Unusual or suspicious occurrences during travel, including those of a
possible security or counterintelligence significance; and
(3) Any foreign legal or customs incidents.
2. Contacts with Foreign Intelligence. Covered individuals must report all unofficial
contacts with any known or suspected foreign intelligence entity to counterintelligence.
Reporting must occur immediately upon the covered individual's becoming aware of the
contact, and in no event later than three (3) working days [upon returning to work].
Counterintelligence will ensure the information is passed to the appropriate CPSO. If this
occurs while outside the U.S., reporting must occur immediately upon return to the
covered individual’s normal duty station, and in no event later than three (3) working
days upon returning to work.
3. Elicitation. Attempted elicitation (to include by media sources), exploitation, blackmail,
coercion, or enticement to obtain classified matter or other information or material
specifically prohibited by law from disclosure, regardless of means, must be reported by
covered individuals to counterintelligence immediately, and in no event later than three
(3) working days upon returning to work. Reporting is required regardless of whether the
attempt results in a disclosure. Counterintelligence will ensure the information is passed
to the appropriate CPSO. If this occurs while outside the U.S., reporting must occur
immediately upon return to the cover individual's normal duty station, and in no event
later than three (3) working days.
DOE O 472.2A Attachment 5 – Federal Employees and Contractors
6-10-2022 Page 5-3
4. Continuing Association with Foreign Nationals. Covered individuals must report to the
appropriate CPSO any unofficial continuing association with known foreign nationals
that involves bonds of affection, personal obligation, or intimate contact (Note:
cohabitation with any foreign national for more than 30 days, regardless of the nature of
the relationship, must be reported under this requirement).
Section 46
a. This requirement is based on the nature of the relationship, regardless of how or
where the contact was made or how the relationship is maintained (i.e., in person,
telephonic, mail, internet, etc.).
b. After initial reporting, updates must be provided when there is a significant
change (e.g., enduring relationship that involves substantial sharing of personal
information and/or the formation of emotional bonds; transitioning from cyber,
postal, telephonic, etc. contact to face-to-face contact, establishing an intimate
and/or monogamous relationship, and marriage proposals) in the nature of the
contact.
c. "Continuing" contact is any contact which recurs, or which might reasonably be
expected to recur, but does not include casual contact not based upon affection,
obligation, or intimacy.
d. Covered individuals must report under this section immediately after it becomes
apparent that contact is continuing, and in no event later than three (3) working
days.
5. Foreign Activities. The following foreign activities must be reported by covered
individuals to the appropriate CPSO immediately, but in no event later than three (3)
working days:
a. Direct involvement in a foreign business;
b. Opening of a foreign bank account;
c. Purchase of a foreign property (whether located in a foreign country or not);
d. Application for or receipt of foreign citizenship;
e. Application for, possession, or use of a foreign passport or identity card for travel;
f. Voting in a foreign election;
g. Adoption of a non-U.S. citizen child.
6. Other Reportable Information. The following occurrences/actions must be reported to the
appropriate CPSO immediately, but in no event later than three (3) working days after
occurrence. This report must be in writing.
Attachment 5 – Federal Employees and Contractors DOE O 472.2A
Page 5-4 6-10-2022
a. Arrests, criminal charges (including charges that are dismissed), citations, tickets,
summons, or detentions by Federal, state, or other law enforcement authorities for
violations of law within or outside the U.S. Traffic violations for which a fine of
less than $300 was imposed need not be reported, unless the violation was
alcohol- or drug-related.
b. Financial anomalies including, but not limited to:
(1) Bankruptcy;
(2) Wage garnishment;
(3) Delinquency more than 120 days on any debt;
(4) Unusual infusions of assets more than $10,000 or greater, such as
inheritance, winnings, or similar financial gain.
c. Action to legally change one's name;
d. Change in citizenship;
e. The use of any Federally illegal drug (to include the abuse or misuse of any legal
drug), and any drug- or alcohol-related treatment;
f. An immediate family member assuming residence in a sensitive country, and
g. Hospitalization for mental health reasons.
7. Marriage/Cohabitant(s). All cleared individuals (including individuals with a suspended
clearance) and applicants must provide a completed DOE F 5631.34, Data Report on
Spouse/Cohabitant directly to the CPSO within forty-five (45) calendar days of marriage
or cohabitation. Note: A cohabitant is a person with whom the covered individual resides
and shares bonds of affection, obligation, or other commitment, as opposed to a person
with whom the covered individual resides for reasons of convenience (e.g., a roommate).
A cohabitant does not include individuals such as a husband, wife, and children.
8. Reportable Actions by Others. Covered individuals must alert the appropriate CPSO to
the following reportable activities/actions on the part of other covered individuals:
Section 47
a. An unwillingness to comply with rules and/or regulations, or to cooperate with
security requirements;
b. Unexplained affluence or excessive indebtedness;
c. Alcohol abuse;
d. Illegal use or misuse of drugs or drug activity;
DOE O 472.2A Attachment 5 – Federal Employees and Contractors
6-10-2022 Page 5-5 (and 5-6)
e. Apparent or suspected mental health issues where there is reason to believe it may
impact the covered individual's ability to protect classified matter or other
materials specifically prohibited by law from disclosure;
f. Criminal conduct;
g. Any activity that raises doubts as to whether another covered individual's
continued national security eligibility for access to classified matter or to hold a
national security position is clearly consistent with the interests of national
security; or
h. Misuse of U.S. government property or information systems.
DOE O 472.2A Attachment 6 – Federal Employees and Contractors
6-10-2022 Page 6-1
ATTACHMENT 6:
PERSONNEL SECURITY QUALITY AND TRAINING
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to the contractors is supporting the CPSO contracts in which the associated (CRD
(Attachment 1) is included.]
1. General. Quality and training are both essential to the success of the DOE personnel
security program. This Attachment outlines the measures and processes in place to ensure
that individuals involved in the personnel security process are trained and qualified to
perform their assigned tasks and that personnel security products and services meet or
exceed customers' expectations.
2. Quality.
a. Quality measures will be in place to determine:
(1) The accuracy and consistency of investigations and adjudicative decisions;
(2) Compliance with reciprocity of investigations and adjudicative decisions;
(3) Whether the Cognizant Personnel Security Office (CPSO) has sufficient
resources to fulfill its function in accordance with this Order;
(4) The timeliness of personnel security actions; and
(5) Whether individuals are afforded due process during the security clearance
determination process.
b. CPSOs are responsible for ensuring the quality of the personnel security
operations under their purview. Such reviews should include a random sampling
of cases and should be accomplished within the framework of DOE O 414.1,
Quality Assurance, current version.
c. CPSOs are to ensure that adjudicators report quality of background investigations
in accordance with Quality Assessment Standards via the Office of the Director of
National Intelligence Quality Assessment Reporting Tool.
3. Training. Employees must receive personnel security training in accordance with their
duties and levels of responsibility to acquire and maintain job proficiency. Training
requirements and certification standards will be jointly developed by the Office of
Departmental Personnel Security and the National Training Center (NTC). The NTC will
maintain the training records.
a. Supervisors are responsible for ensuring that subordinate employees performing
personnel security duties are trained in accordance with the requirements of this
Order as developed by NTC.
Attachment 6 – Federal Employees and Contractors DOE O 472.2A
Page 6-2 6-10-2022
b. The NTC is responsible for the development and implementation of training
courses and certification processes for the Personnel Security Program in
accordance with national and Departmental policy.
Section 48
c. The NTC must ensure that the training modules sufficiently enable trainees to
acquire the necessary knowledge and skills to perform their duties effectively.
d. Training is required for all adjudicators, adjudicative support staff and other key
officials. Adjudicative personnel are prohibited from making security clearance
determinations until they have completed the NTC’s Adjudication Fundamentals
Course or other nationally approved training and/or have received adequate initial
on the job training, as determined by the CPSO.
e. Adjudicator Training (specifics regarding sequential course titles and order will
be determined by current NTC course guidelines).
(1) Initial Training. All newly appointed personnel security specialists
performing adjudicative duties have one year to complete the NTC
Adjudication Fundamentals Course.
(2) Adjudicative Support Training. Employees who are involved in the initial
screening of cases, but do not conduct consultations or perform second or
third tier reviews (e.g., security assistants, screeners) need a basic
understanding of the DOE personnel security process to perform their
duties effectively. All personnel performing adjudicative support functions
have one year from their date of appointment to adjudicative duties to
complete NTC's Adjudication Fundamentals Course.
(3) Adjudicators from other Federal Agencies. Adjudicators who are
appropriately trained in accordance with the National Security Adjudicator
Training Program will not have to complete NTC's Adjudication
Fundamentals Course, as determined by the CPSO. The determination of
the CPSO will be annotated with the NTC and a copy sent to the Office of
Departmental Personnel Security.
f. Key Officials. Other employees involved in the personnel security process who
have no or limited personnel security program experience require a basic
understanding of the policies and procedures related to their responsibilities.
These key personnel are defined as managers, deputy managers, hearing officers
and hearing counsel involved with administrative review hearings conducted
under 10 CFR 710, as well as DOE-sponsored consultant psychologists/
psychiatrists and appeal panel members, but may also include human resource
managers, Human Reliability Program certifying officials and other managers
who are less directly involved in the personnel security process. The
NTC-developed and computer-based Personnel Security Awareness Briefing (or
successor course/training tool) meets this briefing requirement.
DOE O 472.2A Attachment 7 – Federal Employees and Contractors
6-10-2022 Page 7-1
ATTACHMENT 7: REFERENCES
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to contracts in which the associated CRD (Attachment 1) is included.]
1. 2008 National Defense Authorization Act (NDAA).
2. Atomic Energy Act of 1954, as amended.
3. Privacy Act of 1974, as amended.
4. Federal Personnel Vetting Core Doctrine
5. National Nuclear Security Administration Act, as amended.
6. 5 U.S.C. Section 552, Freedom of Information Act, as amended.
7. 15 U.S.C. Section 1681, Fair Credit Reporting Act, 01-03-12.
8. 21 U.S.C. 801 et. Seq Controlled Substances Act, 10-27-70.
9. 50 U.S.C. Section 2406, Deputy Administrator for Naval Reactors, 10-5-99.
10. 50 U.S.C. Section 2511, Naval Nuclear Propulsion Program, 02-01-82.
11. 5 CFR 1400, Designation of National Security Positions, 6-6-15.
Section 49
12. 10 CFR 707, Workplace Substance Abuse Programs at DOE Sites, as amended.
13. 10 CFR 709, Counterintelligence Evaluation Program, 09-29-06.
14. 10 CFR 710, Procedures for Determining Eligibility for Access to Classified Matter and
Special Nuclear Material, as amended.
15. 10 CFR 824, Procedural Rules for the Assessment of Civil Penalties for Classified
Information Violations, as amended.
16. 10 CFR 1008, Records Maintained on Individuals (Privacy Act), as amended.
17. 32 CFR 117, National Industrial Security Program Operating Manual, as amended.
18. Executive Order (E.O.) 10865, Safeguarding Classified Information within Industry,
02-20-60.
19. EO 12344, Naval Nuclear Propulsion Program, 02-01-82.
20. EO 12968, Access to Classified Information, as amended.
Attachment 7 – Federal Employees and Contractors DOE O 472.2A
Page 7-2 6-10-2022
21. EO 13467, Reforming Processes Related to Suitability for Government Employment,
Fitness for Contractor Employees, and Eligibility for Access to Classified National
Security Information, as amended.
22. EO 13526, Classified National Security Information, 12-29-09.
23. EO 13549, Classified National Security Information Program for State, Local, Tribal and
Private Sector Entities, 08-18-10.
24. EO 13764, Amending the Civil Service Rules, Executive Order 13488, and Executive
Order 13467 To Modernize the Executive Branch-Wide Governance Structure and
Processes for Security Clearances, Suitability and Fitness for Employment, and
Credentialing, and Related Matters, 1-17-17.
25. Security Executive Agent Directive (SEAD) 3, Reporting Requirements for Personnel
with Access to Classified Information or Who Hold a Sensitive Position, 06-12-17.
26. SEAD 4, National Security Adjudicative Guidelines, 6-08-17.
27. SEAD 6, Continuous Evaluation, 01-12-18.
28. SEAD 7, Reciprocity of Background Investigations and National Security Adjudications,
11-09-18.
29. SEAD 8, Temporary Eligibility, 05-18-20.
30. Federal Investigative Standards, 12-14-12
31. Department of Energy (DOE) Acquisition Regulation (DEAR) 48 CFR 952.204-2,
Security Requirements, as amended.
32. DOE O 206.1, Department of Energy Privacy Program, current version.
33. DOE O 206.2, Identity, Credential, and Access Management, current version.
34. DOE O 243.1, Records Management Program, current version.
35. DOE O 343.1, Federal Substance Abuse Testing Program, current version.
36. DOE O 414.1, Quality Assurance, current version.
37. DOE O 452.7, Protection of Use Control Vulnerabilities and Designs, current version.
38. DOE O 452.8, Control of Nuclear Weapon Data, current version.
39. DOE O 457.1, Nuclear Counterterrorism, current version.
40. DOE O 470.4, Safeguards and Security Program, current version.
DOE O 472.2A Attachment 7 – Federal Employees and Contractors
6-10-2022 Page 7-3 (and 7-4)
41. DOE O 470.5, Insider Threat Program, current version.
42. DOE O 470.6, Technical Security Program, current version.
43. DOE O 471.6, Information Security, current version.
44. DOE O 471.7, Controlled Unclassified Information, current version.
45. DOE O 475.1, Counterintelligence Program, current version.
46. DOE O 475.2, Identifying Classified Information, current version.
47. DOE Administrative Records Schedule 18, Security, Emergency Planning & Safety
Records, 3-1-2020.
48. DOE System of Records 43, Personnel Security Clearance Files, 01-09-09.
DOE O 472.2A Attachment 8 – Federal Employees and Contractors
6-10-2022 Page 8-1
Section 50
ATTACHMENT 8: DEFINITIONS
[This attachment provides information and/or requirements associated with DOE O 472.2A and
is applicable to contracts in which the associated CRD (Attachment 1) is included.]
1. Access Authorizations. An administrative determination under the Atomic Energy Act of
1954, Executive Order 12968, or 10 CFR part 710 that an individual is eligible for access
to classified matter or is eligible for access to, or control over, special nuclear material.
2. Active National Security Eligibility. An individual who is currently cleared by another
federal agency with the completion of an adjudicated background investigation and
subsequently has access to classified information.
3. Agency. Any "Executive agency" as defined in Section 105 of Title 5, United States
Code (U.S.C.), including the "military department," as defined in Section 102 of Title 5,
U.S.C., and any other entity within the Executive Branch that comes into possession of
classified information or has positions designated as sensitive.
4. Authorized Adjudicative Agency. An agency authorized by law, executive order, or
designation by the Security Executive Agent (SecEA) to determine eligibility for access
to classified information in accordance with Executive Order (EO)12968, as amended, or
eligibility to hold a sensitive position.
5. Authorized Investigative Agency. An agency authorized by law, EO, or designation by
the SecEA to conduct a background investigation of individuals who are proposed for
access to classified information or eligibility to hold a sensitive position or to ascertain
whether such individuals continue to satisfy the criteria for retaining access to such
information or eligibility to hold such positions.
6. Classified National Security Information or Classified Information. Information that has
been determined pursuant to EO 13526 or any predecessor or successor order, or the
Atomic Energy Act of 1954, as amended, to require protection against unauthorized
disclosure.
7. Cognizant Personnel Security Office (CPSO). A DOE personnel security office that is
authorized to submit investigative requests to investigative service providers and to
adjudicate security clearances.
8. Consultation (formerly, Personnel Security Interview). A follow-up with the individual to
obtain relevant information to resolve an issue(s) related to granting or continuing their
eligibility for a security clearance.
9. Continuous Evaluation. Reviewing the background of an individual who has been
determined to be eligible for access to classified information (including additional or new
checks of commercial databases, Government databases, and other information lawfully
available to security officials) at any time during the period of eligibility to determine
whether that individual continues to meet the requirements for eligibility for access to
classified information.
Attachment 8 – Federal Employees and Contractors DOE O 472.2A
Page 8-2 6-10-2022
10. Contractor. An expert or consultant (not appointed under section 3109 of title 5, U.S.C.)
to an agency; an industrial or commercial contractor, licensee, certificate holder, or
grantee of any agency, including all subcontractors; a personal services contractor; or any
other category of person who performs work for or on behalf of an agency (but not a
Federal employee).
Section 51
11. Controlled Substance. A drug or other substance, or their immediate precursors, included
in schedule I, II, III, IV, or V of part B of 21 USC 802. This does not include distilled
spirits, wine, malt beverages, or tobacco, as defined or used in subtitle E of the Internal
Revenue Code of 1986.
12. Covered Individual.
a. A person who performs work for or on behalf of the executive branch who has
been granted access to classified information or holds a sensitive position; but
does not include the President or (except to the extent otherwise directed by the
President) employees of the President under 3 U.S.C. 105 or 107, the Vice
President, or (except to the extent otherwise directed by the Vice President)
employees of the Vice President under 3 U.S.C. 106 or annual legislative branch
appropriations acts.
b. A person who performs work for or on behalf of a state, local, tribal, or private
sector entity, as defined in EO 13549, who has been granted access to classified
information, but does not include duly elected or appointed governors of a state or
territory, or an official who has succeeded to that office under applicable law.
c. A person working in or for the legislative or judicial branches who has been
granted access to classified information and the investigation or determination
was conducted by the executive branch, but does not include members of
Congress, Justices of the Supreme Court, or Federal judges appointed by the
President.
d. Covered individuals are not limited to government employees and include all
persons, not excluded under paragraphs (a), (b), or (c) of this definition, who have
access to classified information or who hold sensitive positions, including, but not
limited to, contractors, subcontractors, licensees, certificate holders, grantees,
experts, consultants, and government employees.
13. Departmental Element. A first-tier organization at Headquarters and in the field. First-tier
at Headquarters encompasses heads of the major Headquarters line programs, e.g.,
Program Secretarial Officers. First-level field element refers to first-level organizations
located outside the Washington Metropolitan area and encompasses Operations Offices,
Site Offices, Field Offices, and Regional Offices.
14. Director. Director, Office of Departmental Personnel Security.
15. Drug Test. An examination of biologic material to detect the presence of specific drugs
and determine prior drug usage, carried out in accordance with procedures, protocols and
DOE O 472.2A Attachment 8 – Federal Employees and Contractors
6-10-2022 Page 8-3
standards established at Title 10, Code of Federal Regulations, Part 707, Workplace
Substance Abuse Programs at DOE Sites, or DOE O 343.1, Federal Substance Abuse
Testing Program, current version, and other applicable DOE policies.
16. Dual Citizen. An individual who is a citizen of more than one country.
17. Federal Head of Departmental Element. The senior Federal official with cognizance over
a Departmental Element, as identified in the most current edition of the Department's
Executive Secretariat Style Guide.
18. Federal Site Manager. The senior Federal management official at any DOE facility.
19. Foreign Intelligence Entity. Known or suspected foreign state or non-state organizations
or persons that conduct intelligence activities to acquire U.S. information, block or impair
U.S. intelligence collection, influence U.S. policy, or disrupt U.S. systems and programs.
The term includes foreign intelligence and security services and international terrorists.
Section 52
20. Foreign National. Any person who is not a U.S. citizen.
21. Investigative Service Provider (ISP). A federal agency authorized to conduct
investigations utilizing federal staff and/or contractor personnel.
22. Key Management Personnel. An entity's senior management official (SMO), facility
security officer (FSO), Insider Threat Program Senior Official (ITPSO), and all other
entity officials who either hold majority interest or stock in, or have direct or indirect
authority to influence or decide issues affecting the management or operations of, the
entity or classified contract performance.
23. Media. Any person, organization, or entity, other than Federal, state, local, tribal, and
territorial governments who are:
a. Primarily engaged in the collection, production, or dissemination of information
in any form, which includes print, broadcast, film, and Internet to the public; or
b. Otherwise engaged in the collection, production, or dissemination of information
to the public in any form related to topics of national security, which includes
print, broadcast, film, and Internet.
24. National Security. Those activities directly concerned with the foreign relations of the
U.S. or protection of the nation from internal subversion, foreign aggression, or terrorism.
25. National Security Eligibility. Eligibility (after background investigation was completed
and adjudicated) for access to classified information or eligibility to hold a sensitive
position, to include access to sensitive compartmented information, restricted data, and
controlled or special access program information.
26. Need-to-Know. A determination made by a possessor of classified information or SNM
that a prospective recipient, in the interest of national security, has a requirement for
Attachment 8 – Federal Employees and Contractors DOE O 472.2A
Page 8-4 6-10-2022
access to, knowledge of, or possession of the classified information or SNM to perform
tasks or services essential to the fulfillment of an official U.S. Government program.
27. Non-U.S. Citizen. A person without U.S. citizenship or nationality (may include a
stateless person). This term is synonymous with “alien” as defined in section 101(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
28. Program Secretarial Officer. The Federal head of a major DOE Headquarters line
program, as identified in the most current edition of the Department's Executive
Secretariat Style Guide.
29. Reasonably Exhaustive Efforts. The appropriate level of effort to resolve issues or
corroborate discrepant information. This may include multiple attempts or techniques to
satisfy the issue, attempts to corroborate the activity through references from the
background investigation, and/or attempts to obtain and pursue additional leads through
other aspects of the investigation.
30. Security Clearance. An administrative determination that an individual is eligible for
access to classified matter and/or SNM. DOE grants Q and L clearances to individuals
who require access to RD information at a classification level equal to or less than their
security clearance level. DOE also grants Top Secret, Secret, or Confidential clearances
to individuals approved for access to National Security Information or Formerly
Restricted Data at classification levels equal to or less than their security clearance level.
Section 53
31. Sensitive Position. Any position within or in support of an agency in which the occupant
could bring about, by virtue of the nature of the position, a material adverse effect on
national security regardless of whether the occupant has access to classified information
and regardless of whether the occupant is an employee, military service member, or
contractor.
32. Unauthorized Disclosure. A communication or physical transfer of classified information
to include Special Nuclear Material to an unauthorized recipient.
1. PURPOSE.
2. CANCELS/SUPERSEDES.
a. DOE O 472.2 Chg 2 (PgChg), Personnel Security, dated 7-9-14
b. Secretarial Action Memorandum, Implementation of Security Executive Agent Directive 3, Reporting Requirements for Personnel With Access to Classified Information or Who Hold a Sensitive Position, dated 9-10-17
c. Secretarial Memorandum, Implementation of Security Executive Agent Directive 8, Temporary Eligibility, dated 6-14-21
d. Deputy Secretarial Memorandum, Approval of Reform Recommendation on Implementing SEAD 3, Reporting Requirements for Personnel with Access to Classified Information or Who Hold a Sensitive Position, dated 1-25-2019
e. Deputy Secretarial Memorandum, Implementation of Security Executive Agent Directive 7, Reciprocity of Background Investigations and National Security Adjudications, dated 6-10-19
f. Deputy Secretarial Memorandum, Review of Processes and Standards for Security Clearance Application Processing, dated 9-12-2018
g. Deputy Secretarial Memorandum, Revision of DOE Policy Regarding Application of the Bond Amendment, dated 4-23-21
h. Associate Under Secretary for Environment, Health, Safety and Security Memorandum, Complex-wide Cessation of Personnel Security Interviews, dated 10-2-2018
i. Associate Under Secretary for Environment, Health, Safety and Security Memorandum, Counterintelligence Risk Assessment Procedures, dated 11-20-2018
j. Associate Under Secretary for Environment, Health, Safety and Security Memorandum, Guidance on Processing Security Clearance Applications for Federal and Contractor Personnel, dated 10-24-2018
k. Associate Under Secretary for Environment, Health, Safety and Security Memorandum, Security Executive Agent Directive 3, Unofficial Foreign Travel, dated 6-27-2019
3. APPLICABILITY.
a. Departmental Applicability.
c. Equivalencies/Exemptions for DOE O 472.2A.
b. DOE Contractors.
Section 54
4. REQUIREMENTS.
a. General.
b. Continuous Vetting.
c. Security Clearance and Access Authorization Types.
d. Central Personnel Clearance Index (CPCI).
e. Clearance Action Tracking System.
f. Reciprocity.
g. Reapprovals.
h. Other Government Agency Clearances.
i. Access by Persons Outside the Executive Branch.
j. Access by Former Presidential Appointees.
k. Limited Access Authorizations for Non-U.S. Citizens.
l. Temporary Eligibility.
m. Processing Security Clearances.
n. Cancellation of Investigative Requests.
o. Processing Investigative Results and Issuing Security Clearance Determinations.
p. Continuous Evaluation.
q. Reinvestigations.
r. Intra-Agency Security Clearance Actions.
s. Administrative Withdrawal of Security Clearances.
t. Suspensions of Security Clearances/Administrative Review.
u. Actions by the Secretary.
v. Personnel Security Files.
w. Reporting Requirements.
x. Suitability Determinations for Federal Employees and Referrals to Servicing Personnel Offices.
y. Pre-Appointment Waivers.
(a) Top Secret. A Top Secret (TS) security clearance is required for access to NSI, as defined by Executive Order 13526, classified at the Top Secret level, FRD and TFNI (as defined by the Atomic Energy Act of 1954, as amended [AEA]) at the Top Secret...
(b) Secret. A Secret (S) security clearance is required for access to NSI and FRD classified at the Secret level. A Secret security clearance also permits access to NSI, FRD, and TFNI classified at the Confidential level.
(c) Confidential. A Confidential (C) security clearance is required for access to NSI, FRD, and TFNI classified at the Confidential level.
(d) The granting of a TS or S security clearance does not give the recipient approval for a Q or L access authorization as defined in 4.c.(2) below. An appropriate need-to-know determination for the recipient is also required.
(a) Q. A Q access authorization is required for and allows access to:
1 RD (as defined by the AEA), FRD and TFNI.
2 SNM, as defined by the AEA, designated as Category I and other categories with credible roll-up to Category I.
3 Information and material described below for L access authorizations.
4 Information listed under TS, S, and C security clearance, in 4.c.(1) above.
(b) L. An L access authorization is required for and allows access to:
1 RD classified at the C level and/or SNM designated as Categories II and III, unless special circumstances determined by a site vulnerability assessment and documented in associated site security plans mandate otherwise.
2 Information listed under S and C security clearance, in 4.c.(1)(b)-(c) above.
Section 55
(c) Background investigative requirements for all security clearances are mandated by national standards.
(a) They must execute the same nondisclosure agreement applicable to all DOE Federal and contractor employees, and
(b) The Department must not be in possession of information suggesting that such access is not in the best interests of national security. If the Department is in possession of such information, the Director, Office of Departmental Personnel Security ...
(a) Send a letter of interrogatory (LOI) to the individual. LOIs must include a deadline for the individual to provide the response and must inform the individual that requested documentation must be provided as appropriate.
(b) Conduct a personnel security consultation when there is a valid justification for such action. Approval to conduct a personnel security consultation requires CPSO management concurrence and the cognizant Chief Security Officer approval. Only indiv...
(c) Authorize a DOE-sponsored mental health evaluation (requires the individual to complete DOE F 472.2, Consent to Undergo a Mental Evaluation to be Conducted by a Psychiatrist or Licensed Clinical Psychologist, or any successor form).
(d) Request the assistance of other CPSOs in different geographical locations to conduct a personnel security consultation or to obtain additional information. Assisting CPSOs must manage such requests in as timely a manner as possible.
(e) Consult with the cognizant counterintelligence office where questions as to the individual's loyalty, allegiance, foreign connections, or unexplained affluence arise. Dual citizen applicants should be identified as such, although being a dual citi...
(f) Obtain a personal financial statement.
(g) Obtain a credit report.
(a) Where shared access occurs, responsibility for maintenance of the PSF/ePSF and for all other related matters will reside with the CPSO that granted the security clearance.
(b) Except as outlined in (c) below, if the security clearance is administratively withdrawn by that CPSO for any reason and continued need for the security clearance persists with one or more CPSOs exercising shared access, these responsibilities wil...
1 The CPSO holding the highest level of shared access or
2 The CPSO with the oldest interest, when all remaining CPSOs hold the same level of shared access.
(c) If a security clearance is administratively terminated under 10 CFR 710.6 or 10 CFR 710.32, the CPSO must immediately notify any CPSO with shared access that the clearance was terminated. Any shared access will terminate with the administrative te...
1 If an appeal is filed less than one year from the initial administrative termination in accordance with 10 CFR 710.32(a), the CPSO initiating the termination is responsible for the clearance adjudication. If there is a valid offer of employment and ...
2 If the Director finds that the individual may be processed for a security clearance after appeal, the CPSO initiating the administrative termination must be notified of the decision. The CPSO must take necessary actions to determine the eligibility ...
3 If the CPSO grants the security clearance, the CPSOs which held shared access must be notified. Gaining CPSOs where appropriate, may then process for shared access.
Section 56
(d) The CPSO responsible for maintaining the PSF/ePSF is also responsible for processing the case for Administrative Review, under 10 CFR 710.
(e) If a CPSO with shared access requires a higher level of security clearance, possession of the PSF/ePSF will be transferred to the office where the higher level is required. The losing CPSO will annotate the shared access as outlined in (2) above. ...
(a) If the individual requires access at the same security clearance level in the new position, their PSF/ePSF will be forwarded to the gaining CPSO.
(b) If the individual will no longer require access at the losing CPSO, the losing CPSO must execute a DOE F 5631.29, Security Termination Statement.
(c) The gaining CPSO is responsible for completing all new and pending actions after the transfer takes effect.
x. Suitability Determinations for Federal Employees and Referrals to Servicing Personnel Offices.
5. RESPONSIBILITIES.
a. Program Secretarial Officers.
b. Federal Heads of Departmental Elements.
c. Federal Site Managers.
d. Contracting and Procurement Officials.
e. Director, Office of Departmental Personnel Security.
f. Cognizant Personnel Security Offices.
g. Office of the General Counsel Offices of Chief Counsel.
h. Office of Enterprise Assessments and Office of Inspector General.
i. Office of Intelligence and Counterintelligence.
6. INVOKED STANDARDS
7. REFERENCES
8. DEFINITIONS.=
9. CONTACT.
Table of Contents
APPENDIX A: POSITIONS REQUIRING BACKGROUND INVESTIGATION BY THE Federal bureau of investigation
APPENDIX B: PERSONNEL SECURITY FILES
1. Safeguarding.
2. Contents and Arrangement of Data in Personnel Security Files.
APPENDIX C: ADJUDICATIVE CONSIDERATIONS RELATED TO STATUTORY REQUIREMENTS AND DEPARTMENTAL REQUIREMENTS
1. Section 1072
2. Illegal Use of Controlled Substances.
3. Disqualifiers.
APPENDIX D: OTHER GOVERNMENT AGENCY CLEARANCES
1. Classified Visitsrequiring access to Restricted Data (RD) at a DOE site.
2. Reciprocity
3. One-Time Access.
4. Revalidation.
APPENDIX E: RECIPROCITY OF BACKGROUND INVESTIGATIONS
APPENDIX F: ACCESS BY FORMER POLITICAL APPOINTEES
ATTACHMENT 1: CONTRACTOR REQUIREMENTS DOCUMENT DOE O 472.2A, PERSONNEL SECURITY
1. General Requirements for Security Clearances.
2. Security Clearance and Access Authorization Types.
3. Pre-Employment and Pre-Processing Requirements.
4. Processing DOE Security Clearance Requests.
5. Temporary Eligibility.
6. Limited Access Authorization (Non-U.S. Citizen).
7. Reporting Requirements.
8. Administrative Withdrawal of Security Clearances.
9. Security Clearance Pending
10. Security Clearance Reapproval Requests.
11. Security Clearance Upgrade Requests
12. Security Clearance Downgrade Requests
13. Security Clearance Suspension, Revocation, and Denial.
14. Training.
15. Records Maintenance.
16. Recertifications and Reinvestigations.
17. Actions by the Secretary. Nothing in this CRD will be construed to limit the Secretary's authorities and responsibilities under EO 12968 (section 1.2(b), et al), EO 10865 (section 9), or the AEA to grant, continue, deny, or terminate a security cl...
ATTACHMENT 2: SECURITY CLEARANCE REQUESTS/Justifications AND ACCESS AUTHORIZATIONS
ATTACHMENT 3: LIMITED ACCESS FOR NON-U.S. CITIZENS
ATTACHMENT 4: Temporary eligibIlity
ATTACHMENT 5: REPORTING REQUIREMENTS
ATTACHMENT 6: PERSONNEL SECURITY QUALITY AND TRAINING
ATTACHMENT 7: REFERENCES
ATTACHMENT 8: DEFINITIONS