sead 4 reporting requirements

(a) Under Secretary of Defense for Intelligence & Security (USD(I&S)). OSD Federal Register Liaison Officer, Department of Defense. Authorizing officials will: (i) Assess and authorize contractors to process classified information on information systems. Reminders include, but are not limited to the following, which can be provided to: Contractors in the NISP also have a responsibility for recognizing and avoiding personal behaviors and activities that may impact their continued eligibility for access to classified information. (6) Escorts. When a foreign interest does not effectively own or control an entity (i.e., the entity is under U.S. control), but the foreign interest is entitled to representation on the entity's governing board, an SCA may be adequate. Tier 3 or Tier5 Background Investigation, *The need for SCI clearance is very rare, and to meet this requirement theemployee would need to use this security clearance on a monthly (or more often) basis, **Tier 3 investigations more often thannot do not require a security clearance (i.e. (3) Appropriately mark reports containing classified information in accordance with 117.14. DPSAC Main Office Location for Enrollment & Badge Issuance Services:Building 31, Room 1B03, This is the main office for full enrollment, badge issuance and customer service assistance.. By agreement of the governments, the term of the authorization may be for the duration of the arrangement, subject to annual review, and validation. For example, if you held a security clearance at the Department of Homeland Security (DHS) prior to coming to NIH the security clearance will not transfer to NIH. Required Reporting for Clearance Holders In addition, depending upon the CSA with security cognizance, an entity's legal headquarters may need to implement additional information collections, such as: As part of FCL processing, an entity must complete a Standard Form (SF) 328, Certificate Pertaining to Foreign Interest, OMB Control number 0704-0579, (available at https://www.gsa.gov/forms-library/certificate-pertaining-foreign-interests,, for a CSA to review and make a determination whether the entity is under foreign ownership, control or influence (FOCI) to a degree that renders it ineligible for an FCL. (2) A contractor may only assign a consultant outside the United States with responsibilities requiring access to classified information when: (i) The consultant agreement between the contractor and consultant includes: (A) Identification of the contract, license, or agreement that requires access to classified information, the level of classified information that is required, and access to FGI by the consultant while assigned outside the United States. (i) The contractor is required to meet all requirements outlined in this section, as applicable, for the secure communications plan. (iii) Destroy working papers when no longer needed. National intelligence is under the jurisdiction and control of the DNI, who establishes security policy for the protection of national intelligence and intelligence sources, methods, and activities. (B) The U.S. and recipient government DGRs will be identified in the TP as well as any requirement for an escort. Cybersecurity means prevention of damage to, protection of, and restoration of computers, electronic communications systems, electronic communications services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation. This rule is not subject to the requirements of E.O. (a) General. Foreign national means any person who is not a citizen or national of the United States. This final rule provides for the proper protection of classified information disclosed or released by U.S. agencies in all phases of the contracting, license or grant processes. The proposal must include: (A) Sufficient justification for the granting of an exception and the full name and address of the police department that will monitor the system and provide the required response. DoD is the Executive Agent of the NISP and has the largest NISP contractor population of the five CSAs. documents in the last year, 23 (ii) The ITPSO will complete training pursuant to 117.12. (E) How to submit a challenge if they believe TFNI information (e.g., a guide topic) or matter containing TFNI is not properly classified. The methodology captures the most significant portion of industry's costs, which is labor. You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov. Declassification means a date or event which coincides with the lapse of the information's national security sensitivity, as determined by the OCA. Select a category to start accessing resources. Participating entities will cooperate with DHS security officials to ensure the entity is in compliance with requirements in this rule. An unwillingness to comply with rules, regulations, or security requirements, Unexplained affluence or excessive indebtedness, 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 information or other information prohibited by law from disclosure, Any activity that raises doubts as to whether the individual's continued national security eligibility is clearly consistent with national security interests, Misuse of U.S. Government property or information systems. 601) requirements since a contractor cleared legal entity may, in entering into contracts requiring access to classified information, negotiate for security costs determined to be properly chargeable by a GCA. Upon termination of access to CNWDI, the employee will be given an oral debriefing. Security Executive Agent Directive (SEAD) 3, Reporting Requirements for Personnel with Access to Classified Information or Who hold a Sensitive Position Security Executive Agent Directive (SEAD) 4, National Security Adjudicative Guidelines (C) Certification of the proposed visitor's PCL and any special access authorizations required for the visit. (g) Reports to ISOO. (v) Specific reasons for reaching the conclusion that loss, compromise, or suspected compromise occurred or did not occur. (A) The procedures should be as simple and practical as possible and adaptable to any type of emergency that may reasonably arise. All documentation must be the original or certified copies of the original documents. The ISSM will oversee development, implementation, and evaluation of the contractor's classified information system program. daily Federal Register on FederalRegister.gov will remain an unofficial Federal agencies maintain hotlines to provide an unconstrained avenue for USG and contractor employees to report, without fear of reprisal, known or suspected instances Start Printed Page 83323of security irregularities and infractions concerning contracts, programs, or projects. Defense Counterintelligence and Security Agency > Mission L. 108-458) created the position of the Director of National Intelligence (DNI) and recognized the ODNI as a CSA. Security Executive Agent Directive (SEAD) 3, Reporting Requirements for Personnel with Access to Classified Information or Who hold a Sensitive Position Security Executive Agent Directive (SEAD) 4, National Security Adjudicative Guidelines A report will be submitted to the CSA by the end of business on the next business day. Before having access to NATO classified information, the contractor will give employees a NATO security briefing that covers the requirements of this section and the consequences of negligent handling of NATO classified information. New Documents If an entity has an appropriate, final entity eligibility determination, a CSA will not duplicate the entity eligibility determination processes performed by another CSA. SEAD 3 requires these elements to be reported prior to participation in such activities or otherwise as soon as possible following the start of their involvement. (3) In the case of material which was inadvertently released as UNCLASSIFIED, the contractor will mark and protect the notice as classified at the CONFIDENTIAL level, unless it contains additional information warranting a higher classification. Facility means a plant, laboratory, office, college, university, or commercial structure with associated warehouses, storage areas, utilities, and components, that, when related by function and location, form an operating entity. Position Designation Tool; Four Step Process to Complete the PDT; Visit Authorization Request (VAR) Visit Authorization Request (VAR) Incoming & Outgoing VAR Guidelines; e-QIP User Guides Contractors should be aware that DOE Order 470.4B provides additional information and requirements for processing NID requests for access to RD. The law is limited to a person that is a subsidiary located in the United States, (A) for which the ultimate parent entity and any intermediate parent entities of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and, (B) that is subject to the FOCI requirements of the NISP.. It found the need for. These hotlines do not supplant the contractor's responsibility to facilitate reporting and timely investigations of security issues concerning its operations or personnel. The CSA may grant such individuals a LAA in those rare circumstances where a non-U.S. citizen possesses unique or unusual skills or expertise that is urgently needed to support a specific USG contract involving access to specified classified information, and a cleared or clearable U.S. citizen is not readily available. In accordance with university requirements for a safe return to in-person university operations, all faculty, staff, and postdoctoral and postgraduate trainees will be required to be fully vaccinated against COVID-19 by August 1. When a Government Contracting Activity (GCA), an element of an agency that has authority regarding acquisition or grant functions, awards a contract that has been determined to require access to classified information, the contract is considered to be a classified contract. The GCA checks with its applicable CSA to determine if the awarded legal entity already has an entity eligibility determination (also referred to as a facility security clearance (FCL)). (4) Control of foreign visitors to U.S. contractors.(i) Contractor. (5) Use of freight forwarders. (5) Source, nature, and extent of FOCI, including whether foreign interests hold a majority or minority position in the entity, taking into consideration the immediate, intermediate, and ultimate parent entities. 591 0 obj <> endobj While this type of information is available in the Federal Procurement Data System (FPDS), entity eligibility determinations (often referred to as facility clearances) are not available in FPDS. (i) Defense articles (other than technical data) will be individually labeled with the appropriate identification; or, where such labeling is impracticable (e.g., propellants, chemicals), will be accompanied by documentation (such as contracts or invoices) clearly associating the defense articles with the appropriate markings. (i) The contractor must determine that access to classified information is essential in the performance of tasks or services related to the fulfillment of a classified contract. (i) Contractors that store classified material will establish a system of security checks at the close of each working day to verify that all classified material and security repositories have been appropriately secured. The contractor will limit disclosure of classified information to that specific information authorized in connection with an approved visit request and an export authorization, as required. Approval of the authorizing agency will be obtained for all announcements of the meeting. If the inspecting officials are not of the same country as the dispatching contractor, the CSA will notify the designated security authority in the country whose officials inspected the consignment. If a freight forwarder will be involved in processing the shipment, the GCA will provide a copy of the TP to the freight forwarder. Visit requests are necessary to make administrative arrangements and disclosure decisions and obtain security assurances. (2) After the CSA approves the TP, the CSA will forward it to the recipient foreign government security authorities for final coordination and approval. In accordance with Federal Standard 809, no IDS sensors (magnetic contacts or vibration detectors) will be installed on GSA-approved security containers. (ii) May delegate certain responsibilities to a cleared contractor for the security arrangements and other actions necessary for the meeting under the general supervision of the USG agency. (2) If the identity of the foreign government must be concealed, the front of the document will be marked THIS DOCUMENT CONTAINS FOREIGN GOVERNMENT INFORMATION; paragraphs will be marked FGI, together with the classification level (e.g., (FGI-C)); and the Derived From line will indicate FGI in addition to any U.S. source. Classified sessions will be held only at a USG installation or a cleared contractor facility where adequate physical security and procedural controls have been approved. An employee being assigned outside the United States will be briefed on the security requirements of his or her assignment, including the handling, disclosure, and storage of classified information overseas. Non-Federal information system is defined in 32 CFR part 2002. The dispatching contractor will notify its DGR of any delay, unless officially notified otherwise of a change in the courier's itinerary.Start Printed Page 83352. by the Securities and Exchange Commission If the contractor's preliminary inquiry confirms that a loss, compromise, or suspected compromise of any classified information occurred, the contractor will promptly submit an initial report of the incident unless otherwise notified by the CSA. Contractors will refer information for classification or downgrade to the GCA based on the guidance provided in a contract security classification specification, or equivalent, or upon formal notification. Total cleared contractor facilities enrolled in the DoD National Industrial Security System (NISS) as of May 14, 2020: Randomly Selected facilities from the current cleared contractor population: The proportion of cleared contractor facilities in the simple random sample enrolled in the SBA Database: Equates to 8,036 facilities as small business entities. L. 115-232), the applicable CSA must determine whether allowing an entity access to proscribed information under an SSA is consistent with national security interests of the U.S. with concurrence from controlling agencies, as applicable. The reporting of the foreign travel component of SEAD 3 must begi n no later than August 24, 2022. The NDA designated by the CSA (e.g., SF 312), is an agreement between the USG and an individual who is determined eligible for access to classified information. Throughout, labor rates are adjusted upward by 100% to account for overhead and benefits. (1) Downgrading. The documents posted on this site are XML renditions of published Federal (1) A declination notice does not preclude the classified visit, provided the contractor has, or obtains, an export authorization for the information involved and, has been notified that the requesting foreign government has provided the required security assurance of the proposed visitor to the USG agency in the original classified visit request. Questions regarding HSPD-12, access control, personnel security and other security procedure related issues should be directed to the Operations and Security Branch. (3) Visits by USG representatives. When the entity eligibility determination cannot be granted in sufficient time to qualify the prospective subcontractor for participation in the current procurement action, the CSA will continue the entity eligibility determination processing action to qualify the prospective subcontractor for future contract consideration provided: (i) The delay in processing the entity eligibility determination was not caused by a lack of cooperation on the part of the prospective subcontractor. (xii) All information relating to political contributions, fees, or commissions furnished or obtained, offered, solicited, or agreed upon, as outlined in the ITAR parts 126.16(m) or 126.17(m). If matter containing RD or FRD is portion-marked, each portion containing RD or FRD must be marked with the level and category of the information in the portion (e.g., SRD, CFRD, S//RD, C//FRD). FIPS 201 was developed to satisfy HSPD-12 requirements for a common identification standard for all Federal employees and contractors. 2406 and 2511, is responsible for the protection of this information. The contractor will place the address of the receiving government's DGR on the outer envelope or wrapping along with the return address of the dispatching contractor. It is estimated that it will take a half an hour for a SECRET cleared employee to report foreign travel in 2021 and in each of the following years up to year 20 to report foreign travel and receive any pre-travel or post-travel briefings. The employee's and witness' signatures must bear the same date. (C) Retain a copy of each approved request for release for a period of one inspection cycle for review by the CSA. It also determines eligibility for access to classified information for contractors performing on classified contracts with DoD and with those USG agencies which have an industrial security agreement with DoD. Security clearances are not granted to Foreign Nationals or Contractors (in most cases) at NIH/Department of Health and Human Services (DHHS). (H) Access requirements for matter marked as containing RD or FRD. (iii) Means of transportation and the route to be used. The applicable NISP CSA, based on a valid requirement for access to classified information (. (A) Classified U.S. and foreign government material at a U.S. contractor location is to remain under U.S. contractor custody and control and is subject to self-inspection and CSA security reviews. Authorized repairs for GSA-approved security containers and vaults must be in accordance with Federal Standard 809. Requests for determinations of eligibility for access to classified information will not be used to establish a cache of cleared employees. History of the Israeli Air Force (b) Factors. (5) Contractors should be aware that the CSA will document the requirements of each limited entity eligibility determination it makes, including the scope of, and any limitations on, access to classified information. The security arrangements must provide: (i) Announcements. Immediately upon receipt of a security violation report involving classified information, the contractor will initiate a preliminary Start Printed Page 83325inquiry to ascertain all of the circumstances surrounding the presumed loss, compromise, or suspected compromise, including validation of the classification of the information. (A) All classified information and material furnished or generated under the contract will be protected to ensure that: (1) The recipient will not release the information or material to any third party without disclosure authorization and export authorization, as appropriate. Federal Register issue. (xv) The internal transaction number for the electronic export information filing in the automated export system. (2) The recipient will afford the information and material a degree of protection equivalent to that afforded it by the releasing government. Upgrades requiring network or system adjustment will be coordinated with the GCA to mitigate or account for impact on the execution of the contract. (c) Procedures. (See also Consignor.). The CSA may apply combinations of the measures in paragraphs (d)(2)(i) through (d)(2)(iv) in this section or other similar measures that effectively mitigate or negate the risks involved with foreign ownership. Documents prepared for foreign governments that contain U.S. classified information and FGI will be marked as prescribed by the foreign government. Following the September 2013 Navy Yard shooting, the President directed the Office of Management and Budget (OMB) to lead a review of suitability and security clearance procedures for Federal employees and contractors (see https://www.archives.gov/files/isoo/oversight-groups/nisp/2014-suitability-and-processes-report.pdf). (i) NPLO and NATO industrial advisory group (NIAG) recurring visits. Table 1 to Paragraph (g)(2) NATO Security Classification Levels, (3) ATOMAL Classification Markings. The Nuclear Regulatory Commission Acquisition Regulation part 2052.204-70 includes the security requirements levied on the contractor (available at https://www.acquisition.gov/nrcar/nrcar-part-2052-solicitation-provisions-and-contract-clauses#P41_1774). The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Entity is a generic and comprehensive term which may include sole proprietorships, partnerships, corporations, limited liability companies, societies, associations, institutions, contractors, licensees, grantees, certificate holders, and other organizations usually established and operating to carry out a commercial, industrial, educational, or other legitimate business, enterprise, or undertaking, or parts of these organizations. In this case, installation of these systems must use NRTL-approved equipment and be accomplished by an NRTL-approved entity meeting the applicable testing standard for the category of service. The reporting of the foreign travel component of SEAD 3 must begi n no later than August 24, 2022. Addresses complaints and suggestions from contractors, as detailed in the NISP Policy Advisory Committee bylaws. 0 All information system authorized users will receive training on the security risks associated with their user activities and responsibilities under the NISP. Documents provided in connection with an invitation to bid also will be returned immediately if the bid is not accepted or submitted. In the small business analysis, there were a total of 18,242 cleared employees in the 658 small entities sampled and 63,598 cleared employees in the remaining 356 non-small businesses. CDC means a subset of contractors cleared under the NISP who have classified contracts with the DoD. Contractor personnel are encouraged to report information through established contractor channels. Contractors must comply, when levied by the FAR security requirements clause or equivalent clauses in contracts involving access to classified information, with uniform procedures for the proper safeguarding of classified information to reduce the risk of unauthorized disclosure of classified information. a person working in or for the legislative or judicial branches who has been granted access to classified information or holds a sensitive position and the investigation or determination was conducted by the executive branch, but does not include members of Congress, Justices of the Supreme Court, or Federal judges appointed by the President. (a) General. (2) Derivative classification is the classification of information based on guidance from an OCA, which may be either a properly marked source document or a current security classification guide provided by a GCA in accordance with E.O. The contractor will: (A) Establish procedures to ensure that foreign visitors are not afforded access to classified information except as authorized by an export license, approved visit request, or other exemption to the licensing requirements. Selection of each facility is independent of all other facilities selected (N * .10 >n). 5, Code of Federal Regulations, Part 731 (suitability), Executive Order (E.O.) NAESOC - Defense Counterintelligence and Security Agency Note: AOs need to complete the form below to request remote assistance with PIN Resets and Certificate Renewals. (4) Rendering other necessary assistance. (k) Dissemination of improperly marked information. Branch office means an office of an entity which is located somewhere other than the entity's main office location. 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