Security Clearance and Sensitive Position Eligibility Procedures

Summary

The Department of Energy (DOE) publishes a final rule to amend its regulations, which set forth the policies and procedures for resolving questions concerning eligibility for DOE access authorizations. The final rule expands the scope of the rule to include individuals applying for or in positions requiring eligibility to hold a sensitive position; updates and adds clarity, including by deleting obsolete references throughout the rule for consistency with national policies and DOE practices; and updates references to DOE officials and offices.

Compliance Requirements

1. #1

   The procedures outlined in this part apply to determinations of eligibility for access authorization or eligibility to hold a sensitive position for: (1) Employees (including consultants) of, and applicants for employment with, contractors and agents of the DOE; (2) Access permittees of the DOE and their employees (including consultants) and applicants for employment; (3) Employees (including consultants) of, and applicants for employment with, the DOE; and (4) Other persons designated by the Secretary of Energy.; To the extent the procedures in this part apply to determinations of eligibility for access to classified information or special nuclear material, they shall also apply to determinations of eligibility to hold a sensitive position, except as specifically noted.; The Secretary has established procedures that will afford those individuals described in § 710.2 the opportunity for administrative review of questions concerning their eligibility for access authorization or eligibility to hold a sensitive position.; None of the procedures established for determining eligibility for access authorization or eligibility to hold a sensitive position shall be used for an improper purpose, including any attempt to coerce, restrain, threaten, intimidate, or retaliate against individuals for exercising their rights under any statute, regulation or DOE directive.; Continuous vetting means reviewing the background of an individual described in § 710.2(a)(1) through (4) at any time to determine whether that individual continues to meet applicable requirements for access authorization or a sensitive position.; Sensitive position means any position within or in support of a Federal department or agency, the occupant of which 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.; The Manager must provide a copy of SEAD 4 or successor directive as part of the notification letter to ensure that an individual going through administrative review under this part will receive a copy of the applicable adjudicative standards.; The 30 days provided to the individual for requesting review of the Manager's initial decision is subject to any extensions granted by the Director under paragraph (c)(3).; Conferences may be conducted by telephone, video teleconference, or other means as directed by the Administrative Judge.

Market Impacts

• Expansion of scope to include individuals in sensitive positions regardless of classified information access requirement creates new compliance barriers for contractors and service providers working with DOE; Mandatory implementation of continuous vetting requirements replacing periodic reinvestigations, requiring ongoing monitoring rather than periodic checks; New market opportunity created by the shift from periodic reinvestigations to continuous vetting under Trusted Workforce 2.0 initiative; Expanded coverage to include contractor employees for appeal rights under SEAD 9, increasing compliance requirements for all contractors working with DOE

Validated Company Impacts