Security Personnel Security Program - Army Publishing Directorate

Army Regulation 380?67

Security

Personnel Security Program

Headquarters Department of the Army Washington, DC 24 January 2014

UNCLASSIFIED

SUMMARY of CHANGE

AR 380?67 Personnel Security Program This rapid action revision, dated 24 January 2014-o Revises criteria for application of security standards (para 2-4q). o Incorporates the provisions to provide procedural benefits to afford

individuals an opportunity to appeal a final adjudicative decisions to a higher level authority (para 8-6d). o Adds performance measures (para 11-5). o Rescinds appendix on reporting of nonderogatory cases (app E). o Deletes appendix on guidelines for conducting prenomination personal interviews (app G). o Deletes appendix on the list of designated countries (app H). o Updates the National Adjudicative Guidelines (app I). o Adds internal control evaluation (app M).

Headquarters Department of the Army Washington, DC 24 January 2014

*Army Regulation 380?67

Effective 24 February 2014

Security

Personnel Security Program

History. This publication is a rapid action revision. The portions affected by this rapid action revision are listed in the summary of change.

Summary. This regulation implements the DOD and Department of the Army Personnel Security Program and takes precedence over all other departmental issuances affecting these programs. It contains the policies and procedures for access to classified information and assignment in a sensitive position. It also prescribes the investigative scope and adjudicative standards and criteria that are necessary prerequisites for such access or employment. It includes due process procedures for appealing adverse administrative actions rendered in accordance with the provisions of this regulation. This regulation contains all of DOD 5200.2?R and

includes all recommendations of the Commission to Review DOD Security Policies and Practices (Stilwell Commission) approved for implementation. Army implementing instructions in this regulation are set in boldface type.

Applicability. This regulation applies to the active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. Also, it applies only to Army contractor personnel who require access to sensitive compartmented information in the performance of their duties.

Proponent and exception authority. The proponent of this regulation is the Deputy Chief of Staff, G?2. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters

to the policy proponent. Refer to AR 25?30 for specific guidance.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11?2 and identifies key internal controls that must be evaluated (see appendix M).

Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from the Deputy Chief of Staff, G?2, 1000 Army Pentagon, Washington, DC 20310?1000.

Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Deputy Chief of Staff, G?2, 1000 Army Pentagon, Washington, DC 20310?1000.

Distribution. This regulation is available in electronic media only and is intended for command levels A, B, C, D, and E for the active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

Contents (Listed by paragraph and page number)

Chapter 1 General Provisions, page 1 Purpose ? 1?1, page 1 References ? 1?2, page 1 Explanation of abbreviations and terms ? 1?3, page 1 Responsibilities ? 1?4, page 1 Objectives ? 1?5, page 1

*This regulation supersedes AR 380?67, dated 9 September 1988.

AR 380?67 ? 24 January 2014

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UNCLASSIFIED

Contents--Continued

Chapter 2 Policies, page 1

Section I Standards for Access to Classified Information or Assignment to Sensitive Duties, page 1 General ? 2?1, page 1 Clearance and sensitive position standard ? 2?2, page 2 Military service standard ? 2?3, page 2

Section II Criteria for Application of Security Standards, page 2 Criteria for application of security standards ? 2?4, page 2

Section III Types and Scope of Personnel Security Investigations, page 3 General ? 2?5, page 3 National agency check/entrance national agency check ? 2?6, page 3 National agency check and written inquiries ? 2?7, page 3 DOD national agency check and written inquiries ? 2?8, page 3 Background investigation ? 2?9, page 3 Special background investigation ? 2?10, page 3 Special investigative inquiry ? 2?11, page 4 Periodic reinvestigation ? 2?12, page 4 Personal interview ? 2?13, page 4 Expanded investigation ? 2?14, page 5

Section IV Authorized Personnel Security Investigative Agencies, page 5 General ? 2?15, page 5 Subversive affiliations ? 2?16, page 5 Suitability information ? 2?17, page 5 Hostage situations ? 2?18, page 6 Overseas personnel security investigations ? 2?19, page 6

Section V Limitations and Restrictions, page 6 Authorized requesters and personnel security determination authorities ? 2?20, page 6 Limit investigations and access ? 2?21, page 6 Collection of investigative data ? 2?22, page 6 Privacy Act notification ? 2?23, page 6 Restrictions on investigators ? 2?24, page 7 Polygraph restrictions ? 2?25, page 7

Chapter 3 Personnel Security Investigative Requirements, page 7

Section I Sensitive Positions, page 7 Designation of sensitive positions ? 3?1, page 7 Criteria for security designation of positions ? 3?2, page 7 Authority to designate sensitive positions ? 3?3, page 8 Limitation of sensitive positions ? 3?4, page 8 Billet control system for TOP SECRET ? 3?5, page 8

Section II Civilian Employment, page 8

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AR 380?67 ? 24 January 2014

Contents--Continued

General ? 3?6, page 8 Nonsensitive positions ? 3?7, page 8 Exceptions to investigative requirements ? 3?8, page 8 Noncritical-sensitive positions ? 3?9, page 9 Critical-sensitive positions ? 3?10, page 9 Exceptions ? 3?11, page 9 Mobilization of DOD civilian retirees ? 3?12, page 9

Section III Military Appointment, Enlistment, and Induction, page 10 General ? 3?13, page 10 Entrance investigation ? 3?14, page 10 Reserve Components and National Guard ? 3?15, page 10 Exceptions for certain commissioned officers of Reserve Components ? 3?16, page 10 Mobilization of military retirees ? 3?17, page 10 Mobilization exercises ? 3?18, page 10

Section IV Security Clearance, page 10 General ? 3?19, page 10 Investigative requirements for clearance ? 3?20, page 11 Naturalized U.S. citizens ? 3?21, page 12 Access to classified information by non-U.S. citizens ? 3?22, page 12 Access by persons outside the executive branch ? 3?23, page 13 Restrictions on issuance of personnel security clearances ? 3?24, page 13 Administrative downgrading ? 3?25, page 14 Dual citizenship ? 3?26, page 14 One-time access ? 3?27, page 14 Access by retired flag/general officers ? 3?28, page 15

Section V Special Access Programs, page 15 General ? 3?29, page 15 Sensitive compartmented information ? 3?30, page 15 Retired general officer sensitive compartmented information access determinations ? 3?31, page 18 Single Integrated Operation Plan?Extra Sensitive Information ? 3?32, page 18 Presidential support activities ? 3?33, page 18 Nuclear weapon personnel reliability program ? 3?34, page 19 Chemical Personnel Reliability Program ? 3?35, page 20 Automation security ? 3?36, page 20 Access to North Atlantic Treaty Organization classified information ? 3?37, page 20 Other special access programs ? 3?38, page 20

Section VI Certain Positions Not Necessarily Requiring Access to Classified Information, page 20 General ? 3?39, page 20 Access to restricted areas, sensitive information, or equipment not involving access to classified information ? 3?40,

page 21 Nonappropriated fund employees ? 3?41, page 21 Customs inspectors ? 3?42, page 21 Red Cross/united service organizations personnel ? 3?43, page 21 Officials authorized to issue security clearances ? 3?44, page 21 Officials authorized to grant access to sensitive compartmented information ? 3?45, page 22 Personnel security clearance adjudication officials ? 3?46, page 22 Persons requiring DOD building passes ? 3?47, page 22

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Contents--Continued

Foreign national employees overseas not requiring access to classified information ? 3?48, page 22 Special agents and investigative support personnel ? 3?49, page 22 Persons requiring access to chemical agents ? 3?50, page 22 Education and orientation personnel ? 3?51, page 22 Contract guards ? 3?52, page 22 Transportation of arms, ammunition and explosives ? 3?53, page 22 Personnel occupying information systems positions designated automated data processing?I, ?II, and ?III ? 3?54,

page 22 Others ? 3?55, page 23

Section VII Reinvestigation, page 23 General ? 3?56, page 23 Allegations related to disqualification ? 3?57, page 23 Access to sensitive compartmented information ? 3?58, page 23 Critical-sensitive positions ? 3?59, page 23 Critical military duties ? 3?60, page 23 Presidential support duties ? 3?61, page 24 North Atlantic Treaty Organization staff ? 3?62, page 24 Extraordinarily sensitive duties ? 3?63, page 24 Foreign nationals employed by DOD organizations overseas ? 3?64, page 24 Persons accessing very sensitive information classified SECRET ? 3?65, page 24 Access to TOP SECRET information ? 3?66, page 24 Personnel occupying computer positions designated automated data processing?I ? 3?67, page 24 Critical nuclear duty positions ? 3?68, page 24

Section VIII Authority to Waive Investigative Requirements, page 25 Authorized officials ? 3?69, page 25 Combat operations, DA-directed mobilization ? 3?70, page 25

Chapter 4 Reciprocal Acceptance of Prior Investigations and Personnel Security Determinations, page 25 General ? 4?1, page 25 Prior investigations conducted by DOD investigative organizations ? 4?2, page 25 Prior personnel security determinations made by DOD authorities ? 4?3, page 25 Investigations conducted and clearances granted by other agencies of the Federal Government ? 4?4, page 26

Chapter 5 Requesting Personnel Security Investigations, page 26 General ? 5?1, page 26 Authorized requesters ? 5?2, page 26 Criteria for requesting investigations ? 5?3, page 27 Request procedures ? 5?4, page 27 Priority requests ? 5?5, page 27 Personal data provided by the subject of the investigation ? 5?6, page 27 Requests for additional information or clarification ? 5?7, page 27 Grounds for denial ? 5?8, page 28 Requesting National Agency Check and written inquiries from the Office of Personnel Management ? 5?9, page 28

Chapter 6 Adjudication, page 29 General ? 6?1, page 29 Central adjudication ? 6?2, page 29 Evaluation of personnel security information ? 6?3, page 30

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AR 380?67 ? 24 January 2014

Contents--Continued

Adjudicative record ? 6?4, page 30 Reporting results of security or suitability determinations for civilian employees ? 6?5, page 30

Chapter 7 Issuing Clearance and Granting Access, page 30 General ? 7?1, page 30 Issuing clearance ? 7?2, page 30 Granting access ? 7?3, page 31 Administrative withdrawal ? 7?4, page 32

Chapter 8 Unfavorable Administrative Actions, page 32

Section I Requirements, page 32 General ? 8?1, page 32 Referral for action ? 8?2, page 32 Suspension ? 8?3, page 33 Final unfavorable administrative actions ? 8?4, page 34

Section II Procedures, page 34 General ? 8?5, page 34 Unfavorable administrative action procedures ? 8?6, page 34 Requests for reconsideration ? 8?7, page 35 Involuntary separation of military members and DA civilian personnel ? 8?8, page 36 Exceptions to policy ? 8?9, page 36

Section III Reinstatement of Civilian Employees, page 36 General ? 8?10, page 36 Reinstatement benefits ? 8?11, page 36

Chapter 9 Continuing Security Responsibilities, page 37

Section I Evaluating Continued Security Eligibility, page 37 General ? 9?1, page 37 Management responsibility ? 9?2, page 37 Supervisory responsibility ? 9?3, page 37 Individual responsibility ? 9?4, page 38 Coworker responsibility ? 9?5, page 38

Section II Security Education, page 38 General ? 9?6, page 38 Initial briefing ? 9?7, page 38 Refresher briefing ? 9?8, page 39 Foreign travel briefing ? 9?9, page 39 Termination briefing ? 9?10, page 39

Chapter 10 Safeguarding Personnel Security Investigative Records, page 40 General ? 10?1, page 40 Responsibilities ? 10?2, page 40

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Contents--Continued

Access restrictions ? 10?3, page 40 Safeguarding procedures ? 10?4, page 40 Records disposition ? 10?5, page 41 Foreign source information ? 10?6, page 41

Chapter 11 Program Management, page 41 General ? 11?1, page 41 Responsibilities ? 11?2, page 41 Reporting requirements ? 11?3, page 42 Inspections ? 11?4, page 43 Performance measures ? 11?5, page 43

Appendixes A. References, page 44 B. Investigative Scope, page 48 C. Request Procedures, page 54 D. Tables for requesting investigations, page 56 E. Reporting of Nonderogatory Cases, page 59 F. Personnel Security Determination Authorities, page 59 G. Guidelines for Conducting Prenomination Personal Interviews, page 61 H. List of Designated Countries, page 61 I. Adjudicative Guidelines for Determining Eligibility for Access to Collateral Classified Information and Sensitive

Compartmented Information and Controlled Access Program Information, page 61 J. Overseas Investigations, page 69 K. ADP Position Categories and Criteria for Designating Positions, page 72 L. Defense Security Briefing Provided U.S. Government Employees Traveling to Communist-Controlled Countries,

page 73 M. Internal Control Evaluation, page 76

Glossary

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