2-200. General.
a. An employee may be processed for a personnel clearance (PCL) when the contractor determines that access is essential in the performance of tasks or services related to the fulfillment of a classified contract. A PCL is valid for access to classified information at the same, or lower, level of classification as the level of the clearance granted.
b. The CSA will provide written notice when an employee's PCL has been granted, denied, suspended, or revoked. The contractor shall immediately deny access to classified information to any employee when notified of a denial, revocation or suspension. The CSA will also provide written notice when processing action for PCL eligibility has been discontinued. Contractor personnel may be subject to a reinvestigation program as specified by the CSA.
c. Within a multiple facility organization (MFO), PCLs will be issued to a company's home office facility (HOF) unless an alternative arrangement is approved by the CSA. Cleared employee transfers within an MFO, and classified access afforded thereto, shall be managed by the contractor.
d. The contractor shall limit requests for PCLs to the minimal number of employees necessary for operational efficiency, consistent with contractual obligations and other requirements of this Manual. Requests for PCLs shall not be made to establish "pools" of cleared employees.
e. The contractor shall not submit a request for a PCL to one agency if the employee applicant is cleared or is in process for a PCL by another agency. In such cases, to permit clearance verification, the contractor should provide the new agency with the full name, date and place of birth, current address, social security number, clearing agency, and type of clearance.
2-201. Investigative Requirements.
Investigations conducted by a Federal Agency shall not be duplicated by another Federal Agency when those investigations are current within 5 years and meet the scope and standards for the level of PCL required. The types of investigations required are as follows:
a. Single Scope Background Investigation (SSBI). An SSBI is required for TOP SECRET, Q, and SCI. Application shall be made on an SF Form 86 for DOE and NRC contractors. All others shall submit a DD Form 398.
b. National Agency Check and Credit Check (NACC). An NACC is required for a SECRET, L, and CONFIDENTIAL PCL. Application shall be made on an SF Form 86 for DOE and NRC contractors. All others shall submit a DD Form 398-2.
c. Polygraph. Agencies with policies sanctioning the use of the polygraph for PCL purposes may require polygraph examinations when necessary. If issues of concern surface during any phase of security processing, coverage will be expanded to resolve those issues.
2-202. Common Adjudicative Standards.
Security clearance and SCI access determinations shall be based upon uniform common adjudicative standards.
2-203. Reciprocity.
Federal agencies that grant security clearances (TOP SECRET, SECRET, CONFIDENTIAL, Q or L) to their employees or their contractor employees are responsible for determining whether such employees have been previously cleared or investigated by the Federal Government. Any previously granted PCL that is based upon a current investigation of a scope that meets or exceeds that necessary for the clearance required, shall provide the basis for issuance of a new clearance without further investigation or adjudication unless significant derogatory information that was not previously adjudicated becomes known to the granting agency.
2-204. Pre-employment Clearance Action.
Contractors shall not initiate any pre-employment clearance action unless the recruitment is for a specific position that will require access to classified information. Contractors shall include the following statement in such employment advertisements: "Applicants selected will be subject to a government security investigation and must meet eligibility requirements for access to classified information." The completed PCL application may be submitted to the CSA by the contractor prior to the date of employment, provided a written commitment for employment has been made by the contractor that prescribes a fixed date for employment within the ensuing 180 days, and the candidate has accepted the employment offer in writing.
2-205. Contractor-Granted Clearances.
Contractors are no longer permitted to grant clearances. Contractor-granted Confidential clearances in effect under previous policy are not valid for access to: Restricted Data; Formerly Restricted Data; COMSEC information; Sensitive Compartmented Information; NATO information (except RESTRICTED); Critical or Controlled Nuclear Weapon Security positions; and classified foreign government information.
2-206. Verification of U.S. Citizenship.
The contractor shall require each applicant for a PCL who claims U.S. citizenship to produce evidence of citizenship. A PCL will not be granted until the contractor has certified the applicant's U.S. citizenship.
2-207. Acceptable Proof of Citizenship.
a. For individuals born in the United States, a birth certificate is the primary and preferred means of citizenship verification. Acceptable certificates must show that the birth record was filed shortly after birth and it must be certified with the registrar's signature. It must bear the raised, impressed, or multicolored 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 is one created when a record was filed more than one year after the date of birth. Such a certificate is acceptable if it shows that the report of birth was supported by acceptable secondary evidence of birth. Secondary evidence may include: baptismal or circumcision certificates, hospital birth records, or affidavits of persons having personal knowledge about the facts of birth. Other documentary evidence can be early census, school, or family bible records, newspaper files, or insurance papers. All documents submitted as evidence of birth in the U.S. shall be original or certified documents.
b. If the individual claims citizenship by naturalization, a certificate of naturalization is acceptable proof of citizenship.
c. If citizenship was acquired by birth abroad to a U.S. citizen parent or parents, the following are acceptable evidence:
(1) A Certificate of Citizenship issued by the Immigration and Naturalization Service (INS); or
(2) A Report of Birth Abroad of a Citizen of the United States of America (Form FS-240); or
(3) A Certificate of Birth (Form FS-545 or DS-1350).
d. A passport, current or expired, is acceptable proof of citizenship.
e. A Record of Military Processing-Armed Forces of the United States (DD Form 1966) is acceptable proof of citizenship, provided it reflects U.S. citizenship. 2-208. Letter of Notification of Personnel Clearance (LOC). An LOC will be issued by the CSA to notify the contractor that its employee has been granted a PCL. Unless terminated, suspended or revoked by the Government, the LOC remains effective as long as the employee is continuously employed by the contractor.
(want more? see NISPOM reference for more info)
01-30-2005
