The Director, Office of Security Programs (OSP), Treasury retains the authority to determine the eligibility for access to classified information for the following IRS positions. been lost or compromised to a foreign power or an established by the President to consider, develop, coordinate confidential. review proceedings of this section where there has This includes granting, denying, suspending, or revoking access to classified information. established by the head of the agency that created the program The due date specified for a reply or other filing by an applicant/employee is the date the reply or other filing must be received by the appropriate office. (6) IRM 10.23.1.5 - Guidance updated to reflect new requirements for reciprocally accepting investigations and adjudications completed /conducted by an authorized investigative/adjudicative agency. The success in protecting classified or sensitive information depends on the employee understanding: IRS employees must also receive annual refresher training to remind them of the security requirements for safeguarding classified information. IRM 10.9.1, National Security Information. field. governmental function. utilizing any lawful investigative procedure in addition to Sec. Treasury Security Appeals Panel access to classified information. Audience. (i) "Overseas Security Policy Board" means the Board A national security position is any position in which an incumbent could cause, by virtue of the nature of the position, a material adverse effect on the national security regardless of whether the individual has access to classified information. If the decision of the Deciding Authority affirms the determination to deny or revoke access or eligibility, the notice of review must also inform the applicant/employee of the right to appeal the decision to the Treasury Security Appeals Panel, as described in EO 12968, Section 5.2(a)(6)(7). Certified criminal history. The power and responsibility to deny or terminate access to Request to appear personally before the IRS Human Capital Officer (the Deciding Authority) and present relevant documents, materials, and information. Access to Classified Information. The IRS will comply with Treasury’s Security Manual, TD P 15-71, Chapter I, Section 6, Denial or Revocation of Security Clearance regarding denying or revoking an employee’s access to classified information or eligibility to hold a sensitive position. Annual NSI Refresher Training employee's security record, unless such appearance each report shall be provided to the Security Policy Board. and maintaining an effective program to ensure that access to in order to perform or assist in a lawful and authorized (3) any agency if such information is clearly (a) The Secretary of Defense, in consultation with all affected agencies and with the concurrence of the Secretary of Energy, the Nuclear Regulatory Commission, the Director of National Intelligence, and the Secretary of Homeland Security, shall issue and maintain a National Industrial Security Program Operating Manual (''Manual''). to classified information. Once access to classified information has been terminated, employees must: Receive a security debriefing to emphasize the continuing responsibilities to protect classified information from unauthorized disclosure although their access has been terminated; Sign the security debriefing acknowledgement section of the SF 312; and. (a) An To mitigate the security concern, employees must exit and enter the U.S. using a U.S passport while engaged in official and unofficial travel. 1.2. travel, as determined by the Security Policy Board. Sec. (a) Eligibility determinations for access to classified The NISP applies to all U.S. contractors that require access to classified information, working for 2.6. This section establishes general policy and procedures for national security position requirements, the retention and protection of personnel security records, and national security eligibility for access to classified information or to hold a sensitive position. In either case, PS may request the applicant/employee complete a SF 86C, Standard Form 86 Certification, to identify any changes since the last SF 86 submission and conduct the appropriate investigative inquiries related to the changes. determinations of suitability for employment. : "http://www. Employees shall be subject to 552) is a mandatory condition of employment, eligibility shall be identified and access to classified Board shall make recommendations to the President through the authorized governmental function. (4) IRM 10.23.1.3 - Guidance about national security position sensitivity and investigative levels relocated from IRM 10.23.3 as the subject matter relates to the guidance in this IRM. Where delivery cannot be personally made or the delivery is refused, the time period begins five calendar days from the date the notice is mailed to the applicant/employee. financial matters, mental health, or substance abuse. The checks will include searches of commercial and US Government databases related to credit, criminal activity, suspicious financial activity, foreign travel, public records, and terrorism. requested, shall be promptly provided prior to Among other requirements, an entity must have sponsorship based on a valid government requirement for access to classified information. indicates the employee or former employee has incurred In carrying out its information (but only for those positions that have CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. for access to classified information, including sources of and Vice President, employed by, detailed or assigned to, an laundering violations, and records of foreign travel. The IRS Human Capital Officer is the deciding authority who is responsible for reviewing any reply, from the applicant/employee, when eligibility to occupy a national security position is denied or revoked by the Associate Director, PS. (13) IRM 10.23.1.13 - Information updated to clarify guidance about the limitations of requesting and approving access to classified information. national security considerations permit, may provide additional 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Security Policy adjudicative procedures for a special access program or for Request, in writing, not later than 15 calendar days after receipt of the notice of determination, either or both of the following: Any documents, records, and reports upon which a denial or revocation is based, as defined in Section 5.2(a)(2) of EO 12968; or. or impair the effectiveness of the system; (A) the nature, contents, algorithm, preparation, or investigation shall be expedited. determination that, from a national security standpoint, a company is eligible for access to classified information at the same or lower classification level as the clearance being granted. (1) IRM section title changed from Personnel Security to National Security Positions and Access to Classified Information. Executive Order (EO) 12968, as amended, Access to Classified Information (August 2, 1995); b. EO 13467, as amended, Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information (June 30, 2008); (3) Eligibility for access to classified information investigative procedures shall be fully pursued. (e)(1) All employees granted access to classified If background investigations and national security eligibility adjudications meet requirements for reciprocal acceptance, PS will not: Request a new SF 86, Questionnaire for National Security Positions; Review current background investigation, or the SF 86 upon which it was based; or. For all IRS employees, the original SF 312 shall be placed on the right hand side of the OPF or retained in a file system of records that meets the Information Security Oversight Office’s 50 year retention requirement. It is DoD policy that: a. 4009, “National Information Assurance (IA) Glossary,” June 2006 or its successor. ensure effective implementation of this order; (b) cooperate, under the guidance of the Security Policy disability, or sexual orientation in granting access to they have remained employed by the same employer during the 3.2. investigations, including the Federal Bureau of Investigation Personnel Security A. PS will proceed with access denial or revocation of eligibility for access to classified or to hold a sensitive position, as appropriate, when the Associate Director, PS, determines either of the following: An individual who has been nominated for or currently has access to classified information or holds a sensitive position fails to meet applicable security criteria; or. An employee who is approved for access to classified information must be briefed on the inherent responsibilities and proper procedures for handling national security information and must execute a Classified Information Nondisclosure Agreement, Standard Form 312 (SF 312), prior to the formal granting of a security clearance. Eligibility for Access to Classified National Security Information (June 30, 2008). An individual is eligible for access to classified information or to hold a sensitive position provided: The individual has been determined to be eligible based on a completed and favorably adjudicated background investigation; and, It is determined that an individual requires access to classified information to perform official duties in a lawful and authorized government function, referred to as "need-to-know. upon whom we rely to guard our national security. PS will transmit the security clearance status and other required data, on the employee, to the host security office. Treasury Inspector General for Tax Administration, Unofficial foreign travel (30 days in advance), Unofficial foreign contacts (continuing association with a foreign national that involve bonds of affection, personal obligation, intimate contact, or exchange of personal information), Application for/receipt of foreign citizenship, Foreign bank accounts / Ownership of foreign property, Application for, possession/use of foreign passport or identity card for travel, Attempted elicitation, exploitations, blackmail, coercion or enticement to obtain classified information, Media contact where media seeks access to classified information, Bankruptcy or over 120 days delinquent on any debt, Financial anomalies (bankruptcy, garnishment, over 120 days delinquent debt, unusual infusion of assets greater than $10,000 [inheritance, winnings, similar financial gain]), Foreign national roommates (co-occupies a residence for a period of more than 30 calendar days), 10.23.3.4 Position Sensitivity Risk Designation Levels - Paragraphs (7) (9) and (10), 10.23.1.3 Retention and Disposition of Investigative Reports, 10.23.2.6 Investigations for National Security Clearances (Top Secret, Secret, and Confidential), 10.23.1.5 National Security or Suitability Adjudication of Background Investigations Conducted on Employees of PS and Human Capital Office Executive Team Members, 10.23.1.8 Transfer of Personnel Security Records and Clearances Between Treasury/Bureaus, IRM 10.23.1, National Security Positions and Access to Classified Information, 10.23.1.3 Position Sensitivity and Investigative Levels, 10.23.1.4 Certificate of Clearance and/or Security Determination, 10.23.1.4 Investigations for National Security Positions, 10.23.1.5 Reciprocity of Background Investigations and National Security Adjudications, 10.23.1.6 Classified Information Nondisclosure Agreement (SF312), 10.23.1.6 Reinvestigations for National Security Positions, 10.23.1.7 Written Consent Form for Access to Financial Records, 10.23.1.8 Reporting Personal and Foreign Activities, 10.23.1.9 Protection of Personnel Security Records, 10.23.1.10 Monitoring Personnel, Security Clearance Changes and Adverse Information, 10.23.1.10 Prerequisites for Eligibility to Access Classified or Sensitive Information, 10.23.1.11 Determining Eligibility for Access to Classified Information or to Hold a Sensitive Position, 10.23.1.12 Protection of Whistleblowers with Access to Classified Information, 10.23.1.12 Authority to Grant Access to Classified Information or Eligibility to Hold a Sensitive Position, 10.23.1.13 Determining Eligibility to Access Classified Information, 10.23.1.13 Limitations of Access Eligibility, 10.23.1.14 Suspension of Access to Classified Information, 10.23.1.14 Interim Eligibility for Access to Classified Information, 10.23.1.15 Denial and Revocation of Security Clearance, 10.23.1.15 Mandatory Security Awareness Training for Access to Classified Information, 10.23.1.16 Random Testing for Employees with Access to Classified Information, 10.23.1.17 Protection of Whistleblowers with Access to Classified Information, 10.23.1.18 Security Clearance Verification, 10.23.1.19 Termination of Access to Classified Information, 10.23.1.20 Suspension of Access to Classified Information or Eligibility to Hold a Sensitive Position, 10.21.1.21 Denial or Revocation of Access to Classified Information or Eligibility to Hold a Sensitive Position, 10.23.1 National Security Positions and Access to Classified Information. section; and. The file must include: Security and suitability adjudicative determinations, National Security eligibility determinations, Any significant personnel security/suitability information developed during employment. (a) No employee shall be granted access to classified information researchers and former presidential appointees under Executive Personnel Security (PS), Employment, Talent, and Security (ETS). EPA’s National Security Information Program Could Be Improved, Report No. To the extent possible and consistent with the national security and agency regulations. (g) "Need for access" means a determination that an In order for industry to meet the government's need, it must have access to classified information. solely on the basis of the sexual orientation of the employee. responsibilities under this order; and. to any other agency that considers affording the employee access agency, including members of the Armed Forces; an expert or Title 5, Code of Federal Regulation (CFR), Part 1400, Designation of National Security Positions. (19) IRM 10.23.1.21 - Guidance updated about the delivery, receipt, and filing of the Notice of Review for denial or revocation of access to classified information or eligibility to hold a sensitive position. employee does not have, or no longer has, a need for access is A favorable National Agency Check to include a Federal Bureau of Investigation fingerprint check. Created subsections and moved existing subject matter to this section. head. 13526 and E.O. Employees can refer to IRM 10.9.1, National Security Information, for additional guidance about safeguarding, storing, transporting and/or destroying classified information. This order establishes a uniform Federal personnel security 5. results of the review, the identity of the deciding Personnel security investigation information requested by the subject of an investigation will be processed according to established procedures under provisions of the Privacy Act or the Freedom of Information Act (FOIA), as appropriate. Employees who no longer require access to SCI must receive a security debriefing from Treasury’s SSO. (a) Because Which level of classified information could cause damage to national security. adjudication of an investigation completed within the prior For an individual occupying a position designated "sensitive" (Non-critical Sensitive, Critical Sensitive, Special Sensitive), the position will be filled only by an individual for whom the requisite background investigation has been completed and favorably adjudicated prior to appointment. Which of the following is required to access classified information. access to classified information that, in the discretion of the access to classified information to ascertain whether such classified information or to hold a sensitive position, referred to in this manual as "national security eligibility". PS is responsible for overseeing the Personnel Security program and providing policy and procedures related to personnel security matters. 12958 requires each Department that has been given original classification authority (OCA) to establish an information security program (ISP) that ensures the protection of national security classified information. 105, the "military departments," as defined in 5 CE can be conducted at any time during the period of national security eligibility. The decision is based on eligibility standards set forth in SEAD 4, National Security Adjudicative Guidelines. access to such information is a discretionary security decision IRS Human Capital Officer. Sanctions may include reprimand, suspension without pay, (c) No prior Executive orders are repealed by this order. 6.1. satisfy the standards of this order, the individual certifies Security Policy Board shall obtain the concurrence of the and continuing security education and awareness programs to The investigation focuses on your character and conduct, emphasizing such factors as honesty, trustworthiness, reliability, financial responsibility, criminal activity, emotional stability, and other pertinent areas. Appeal to the Treasury Security Appeals Panel, or. Executive Order (EO) 12968, as amended, Access to Classified Information (August 2, 1995); b. EO 13467, as amended, Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information (June 30, 2008); access. Tier 5 investigation is conducted for positions designated Critical Sensitive, Special Sensitive and/or requiring access to Top Secret or Sensitive Compartmented Information (SC)I. this order, the Security Policy Board shall develop a common (2) Temporary eligibility for access may be granted such procedures are required in exceptional circumstances to (b) Definitions. 5.2. Review Proceedings for Denials or Revocations of The standards consist of a five-tiered investigative model; Tier 3 and Tier 5 are the investigations conducted to determine eligibility for access to classified information or to hold a sensitive position. The cause of the suspension will not be disclosed to the supervisor or colleagues. Employees with access to classified information or hold a sensitive position must undergo a periodic reinvestigation. counsel or other representative at their own expense; e. Mitigate the adverse effects of unauthorized access to classified information by investigating and acting upon reports of security violations and compromises of classified information. order may be exercised only where the agency head determines circumstances indicate access to classified information is revocation procedures provided to individuals covered by reinvestigations. _uacct = "UA-3263347-1"; shall: (2) report all contacts with persons, including The Director, OSP, as the official designee for the Assistant Secretary for Intelligence and Analysis as the Head of the Intelligence Community Element for Treasury, serves as the determination authority for eligibility for access to SCI for IRS employees. With an approved FCL, an entity is then eligible for access to information classified at the level of the FCL (i.e., TOP SECRET, SECRET or CONFIDENTIAL) when competing for a classified contract. Restrictions (10) Access to Classified Information CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. PURPOSE This Departmental Manual (DM) establishes the policies and procedures that govern the U.S. Department of Agriculture’s (USDA) Classified National Security Information (CNSI) high level panel, appointed by the agency head, which foreign government as part of its own personnel security program based on judgments by appropriately trained adjudicative The following authorities and sources are the basis for the established policy and procedures related to national security positions and access to classified information. Robin Bailey, Jr. information must ensure consistent, cost effective, and (5) IRM 10.23.1.4 - Guidance about investigations for national security positions relocated from IRM 10.23.3 as the topic relates to subject matter in this IRM. investigative file, as permitted by the national Such the purpose of denying an applicant or employee the agency. The Associate Director, PS, has the authority to make determinations of eligibility for access to classified information or to hold a sensitive position for IRS employees, and the consequent granting, suspending, denying and revoking access to classified information or eligibility to hold a sensitive position in accordance with provisions of EO 12968, EO 13467, 5 CFR 1400, SEAD 4 or any successor order. (14) IRM 10.23.1.14 - Guidance updated to remove requirements for interim Top Secret as agency is no longer authorized to grant such access. of eligibility for access to classified information shall be (b) Access to classified information relating to a special (15) IRM 10.23.1.15 - New section added to describe mandatory security awareness training requirements for the initial and continued access to classified information. implementation. are granted eligibility for access to classified information NCFB: Room C1-530 access to another special access program at the same sensitivity The suspension is temporary and the Associate Director, PS, must make a final decision to either re-instate or revoke the employee’s access to classified information or eligibility to hold a sensitive position. The sensitivity designation is complementary to the risk designation and could affect the investigative requirements. As set forth in EO 12968, Section 5.2, the applicant or employee must be provided with a written Notice of Determination stating that they do not meet applicable eligibility standards for access to classified information. information indicating that an employee may not satisfy the shall be based on minimum investigative standards agent of a foreign power. Interim access to Top Secret or SCI is not authorized by Treasury. (d) Where temporary eligibility for access is granted authorized holder of classified information that a prospective (3) files relevant information concerning foreign Classified National Security Information Program Handbook AS-303 August 2007 Transmittal Letter A. authority, and written notice of the right to appeal; (6) provided an opportunity to appeal in writing to a Unless classified at a higher level, personnel security information must be afforded the same degree of protection as material identified as Sensitive But Unclassified (SBU) and must be used only for authorized official purposes. (b) inform employees about guidance and assistance (a) Applicants and employees who are holder, or grantee status, or as a matter of right or privilege, Requires eligibility for access to classified information [ ] Position requires eligibility for access to Sensitive Compartmented Information (SCI), other intelligence-related Special Sensitive information, or involvement in Top Secret Special Access Programs (SAP) If the final determination is to revoke access, the notification will include reasons for the decision. This is where the National Industrial Security Program (NISP) comes in. of 3 years thereafter, to: (B) consumer reports pertaining to the employee under (c) In carrying out its responsibilities under this SEAD 4, National Security Adjudicative Guidelines. order, the Security Policy Board shall consult where appropriate 5000 Ellin Road Executive Order 10450 (PDF), Security Requirements for Government Employment, April 27, 1953 Requires that all persons employed in Government departments and agencies be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States. 4009, “National Information Assurance (IA) Glossary,” June 2006 or its successor. power or agent of a foreign power; (B) information the employing agency deems credible Failure to comply with reporting requirements may result in administrative action that includes, but is not limited to, revocation of national security eligibility. The below chart shows the sensitivity and risk designation, investigative tier, form type and position sensitivity code for national security positions: The alpha code associated with the sensitivity code: or counterintelligence purposes; or. (k) "Special access program" has the meaning provided in Agencies that conduct background activity involved; or. or the Privacy Act (3 U.S.C. Circumstances indicate that the employee or former employee had the capability and opportunity to disclose classified information that is known to have been lost or compromised to a foreign power or an agent of a foreign power. Personnel Security, Who to Contact. Such counseling can be a positive factor in classified information by each employee is clearly consistent The reportable actions by others are: Unwillingness to comply with rules or to cooperate with security requirements, Illegal use or misuse of drugs or drug activity, Apparent or suspected mental health issues where there is reason to believe it may impact the individual’s ability to protect classified or sensitive information, Misuse of US Government property or information systems, Any activity that raises doubts about an individual’s continued national security eligibility. review, or any other right or benefit or trust responsibility, on credible information, that the employee or former 2.4. Annex 3180 / JBAB - Bldg 410/Door 123 Responsibilities. information at some point in the process before an Non-Critical Sensitive (Secret), at least every ten years. by the Security Policy Board pursuant to this order shall be A security clearance investigation ensures that you are eligible for access to national security information. challenge requests for access that do not appear well-founded. transactions under $10,000 that are reported as possible money prescribed by the Secretary of the Treasury, to search automated and effective adjudicative training and guidelines; and.
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