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U.S. Department of Energy NOTICE
Washington, D.C. DOE N 470.3
Approved: 7-20-06
Expires: 7-20-07
SUBJECT: RECIPROCAL RECOGNITION OF EXISTING PERSONNEL SECURITY
CLEARANCES
1. OBJECTIVES. This Notice provides directions for
implementing actions required by Office of Management and Budget
(OMB) memorandum Reciprocal Recognition of Existing Personnel
Security Clearances (12-12-05). The memorandum, addressed to
deputies of Executive departments, directs immediate actions to
be taken to further the goal of significantly improving the
process for granting access authorizations (security clearances).
2. CANCELLATIONS. None.
3. APPLICABILITY.
a. Departmental Elements. Except for exclusions in paragraph
3c, this Notice applies to all Departmental elements with
personnel security offices that grant access authorizations for
Federal and contractor personnel and automatically applies to DOE
elements created after it is issued. (See the listing of DOE
elements in Attachment 1 or online at www.directives.doe.gov)
(1) The Administrator of the National Nuclear Security
Administration (NNSA) will assure that NNSA employees comply with
their respective responsibilities under this Notice.
(2) In accordance with the responsibilities and authorities
assigned by Executive Order 12344 and to ensure consistency
throughout the joint Navy and DOE organization of the Naval
Nuclear Propulsion Program, the Director of the Naval Nuclear
Propulsion Program will implement and oversee all requirements
and practices pertaining to this DOE Notice for activities under
the Director’s cognizance.
b. DOE Contractors. Does not apply.
c. Exclusions. None.
4. REQUIREMENTS.
The following apply only to processing a DOE access
authorization for an individual who has a current security
clearance granted by another Federal agency and is an
applicant for a position with DOE as a Federal or contractor
employee.
Processing of access authorizations for individuals who no
longer have active security clearances or who are employees
of other Federal agencies requiring a DOE access
authorization in addition to their existing collateral
clearances must be completed in accordance with the
procedures defined in DOE M 470.4-5, Personnel Security,
dated 8-26-05.
a. Verification of Existing Clearance.
(1) Upon determining that an individual for whom access
authorization is requested may have a security clearance, the
personnel security office that will make the access authorization
determination (the processing personnel security office) will
verify the existing clearance in the Office of Personnel
Management (OPM) Clearance Verification System (CVS).
(2) When the CVS shows no information on the individual, the
personnel security office will submit to the appropriate Agency a
facsimile of the Interagency Clearance Verification Request form.
The form and fax numbers for Agency contacts are available online
at https://opmis.xsp.org.
b. Permitted Exceptions to Reciprocity. Certain conditions
preclude granting an access authorization through the reciprocity
process.
(1) The Checklist of Permitted Exceptions to Reciprocity
(Attachment 2) details conditions under which a reciprocal access
authorization may not be granted.
(2) The checklist must be used in all cases in which an access
authorization based on reciprocity is processed.
(3) If the answer to any question on the checklist is “yes,”
processing of the access authorization request under reciprocity
procedures will be discontinued and the request will be handled
in accordance with the provisions of DOE M 470.4-5.
c. Granting a Reciprocal Access Authorization.
(1) If an individual’s existing security clearance is confirmed
and no permitted exceptions to the use of reciprocity are
present, the appropriate access authorization will be granted.
(2) The processing personnel security office will not request
that the individual complete a new security questionnaire or wait
to receive existing background investigations or security
questionnaires for the individual prior to granting the access
authorization.
(3) The office will request a copy of the individual’s most
recent background investigation immediately from the Agency that
conducted the investigation. A copy of the investigation is used
to document the personnel security file (PSF) and serves as a
basis for other activities that use the PSF, such as
counterintelligence file review and the Human Reliability
Program.
d. PSF Review.
(1) A personnel security specialist will screen the background
investigation upon receipt. Unless the issues listed below are
present, no adjudicative procedures are required.
(2) If any issues that would have precluded granting a
reciprocal access authorization (i.e., items 1 through 4 on the
Checklist of Permitted Exceptions) are noted, action to resolve
the issues will be initiated immediately in accordance with Title
10 Code of Federal Regulations, 710.9.
(3) For citizenship issues (i.e., foreign national or dual
citizenship), the procedures in Chapter VI of DOE M 470.4-5 will
be applied immediately. Issues related to citizenship must be
identified to ensure that DOE is in full compliance with
international agreements, treaties, and legal restrictions
pertaining to disclosure of information to citizens of foreign
countries.
5. RESPONSIBILITIES.
a. Offices Processing an Individual for Employment should
notify the processing personnel security office if they have
reason to believe that the individual may hold an active security
clearance granted by another Agency and wish to have that
clearance considered for reciprocity approval.
b. Processing Personnel Security Offices.
(1) Verify security clearance data on an individual with an
active security clearance at another Agency.
(2) Process access authorization requests for such individuals
in accordance with the provisions of this Notice.
6. CONTACT. Questions concerning this Notice should be
addressed to the Office of Security and Safety Performance
Assurance at 301-903-4804.
BY ORDER OF THE SECRETARY OF ENERGY:
CLAY SELL
Deputy Secretary
DEPARTMENTAL ELEMENTS TO WHICH DOE N 470.3 IS APPLICABLE
Office of the Secretary
Departmental Representative to the Defense Nuclear Facilities
Safety Board
National Nuclear Security Administration
Office of the Chief Financial Officer
Office of the Chief Information Officer
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Economic Impact and Diversity
Office of Electricity Delivery and Energy Reliability
Office of Energy Efficiency and Renewable Energy
Office of Energy Information Administration
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Human Capital Management
Office of Inspector General
Office of Intelligence and Counterintelligence
Office of Legacy Management
Office of Management
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security and Safety Performance Assurance
Secretary of Energy Advisory Board
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
CHECKLIST OF PERMITTED EXCEPTIONS TO RECIPROCITY
(to be used whenever you make an eligibility determination for
access to classified information for an individual who has a
current access eligibility based upon the requisite investigation
(i.e., ANACI, NACLC, SSBI, or SSBI-PR.)
For the purpose of determining eligibility for access to
classified information, to include highly sensitive programs
(i.e. SCI, SAPs, and Q), as the gaining activity/program for an
individual who has current access eligibility with another
Federal agency or program:
· you cannot request the individual to complete a new security
questionnaire;
· you cannot review existing background investigations for the
individual;
· you cannot review existing security questionnaires for the
individual;
· you cannot initiate any new investigative checks;
unless one or more of the questions below can be answered in the
affirmative.
Y N N/
e o A
s
1. Is the existing clearance granted on an interim or
temporary basis?
2. Is the investigation upon which the existing
clearance is based more than seven years old for TOP
SECRET, ten years old for SECRET, and fifteen years
old for CONFIDENTIAL?
3. Is your activity (i.e. the gaining activity) aware
(i.e. already in possession) of substantial
information indicating that the standards of E.O.
12968 may not be satisfied?
If the individual is being considered for access to a highly
sensitive program (i.e. SCI, SAP or Q) at your activity:
4. Is the existing access eligibility determination
based upon a waiver or deviation , or is access
otherwise subject to conditions?
5. If applicable, does the individual not satisfy a
polygraph requirement imposed by the new program, as
approved by the agency head or deputy?
6. If applicable, does the individual not satisfy a
requirement imposed by the new program that does not
allow any non-U.S. immediate family, as approved by
the agency head or deputy?*
7. If applicable and approved by OMB, other than for
questions 5 and 6 above, does the individual not
satisfy an investigative and/or adjudicative
criterion that is additional to the standards set
forth in E. O. 12968*
Items 1 and 2 and 4 through 6 above can be verified by querying
OPM’s Clearance Verification System (CVS), the Department of
Defense’s Joint Personnel Adjudication System (JPAS), or the
Intelligence Community’s Scattered Castles database. If you do
not have on-line access to the appropriate database, or if the
record is otherwise incomplete, you can fax an “Inter-Agency
Clearance Verification Request” to the appropriate agency. The
request form and appropriate fax numbers can be found at:
https://opmis.xsp.org
_________________
*Under such circumstances, the completion of an entirely new
security questionnaire is not authorized. Rather, only
additional – not duplicative – investigative or adjudicative
procedures will be completed.