Clearance reciprocity, temporary access and non-citizens

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1. Reciprocity for existing clearances

Under the National Industrial Security Program Operating Manual (NISPOM), 32 CFR part 117, an employee who already holds eligibility is usually not investigated again. The cognizant security agency (CSA) decides whether a contractor employee was previously found eligible or investigated by an authorized investigative activity, under Security Executive Agent Directive 7 (32 CFR 117.10(h)). A current eligibility determination based on an investigation of sufficient scope for the required access level provides the basis for a new determination (32 CFR 117.10(h)(1)).

The prior investigation is used without further investigation or adjudication (32 CFR 117.10(h)(2)). The exception is where the CSA becomes aware of significant derogatory information that was not previously adjudicated.

2. Breaks in access

A contractor may administratively terminate an employee’s access solely because there is no current requirement for it (32 CFR 117.10(i)). If the employee has stayed in the contractor’s continuous employment and needs access again, the contractor may restore it without further investigation, based on CSA guidance. Three conditions apply. The employee must remain eligible, must have a current investigation of sufficient scope, and no new derogatory information must be known.

Adverse information about the employee must still be reported while the employee keeps eligibility, even when access has been administratively terminated. The duty to report does not pause with the access.

3. Breaks in employment

When an employee returns after a break in employment and needs access, the contractor may provide it based on CSA guidance (32 CFR 117.10(j)(1)). The employee must remain eligible and have a current investigation of sufficient scope for the access required. If the break in employment caused a loss of eligibility, the contractor may not provide access until the CSA makes a new determination (32 CFR 117.10(j)(2)).

4. Non-U.S. citizens and limited access authorizations

Contractors must make every effort to ensure that non-U.S. citizens are not employed in duties that may require access to classified information (32 CFR 117.10(k)(1)). Compelling reasons may still exist. The CSA may grant a limited access authorization (LAA) in rare circumstances where a non-U.S. citizen has unique or unusual skills or expertise urgently needed on a specific government contract involving specified classified information. A cleared or clearable U.S. citizen must not be readily available. The CSA provides the procedures, including approval by a senior official of the government contracting activity (GCA).

An LAA is not valid for access to TOP SECRET information, Restricted Data or Formerly Restricted Data (32 CFR 117.10(k)(2)). Nor is it valid for information not determined releasable to the person’s country by a designated disclosure authority, for communications security information, or for intelligence information. Information whose foreign disclosure is prohibited in whole or in part is also excluded. So is information given to the government in confidence by a third-party government, and classified information furnished by one.

North Atlantic Treaty Organization (NATO) information is also outside an LAA, with one exception (32 CFR 117.10(k)(2)(vi)). Nationals of a NATO member may be authorized access if the CSA obtains a NATO security clearance certificate from their country of citizenship. Their NATO access is then limited to performance on a specific NATO contract.

5. Temporary eligibility

Under Security Executive Agent Directive 8, the CSA may grant temporary eligibility, previously called interim eligibility, to applicants for TOP SECRET, SECRET and CONFIDENTIAL access (32 CFR 117.10(l)). It may only be granted if there is no evidence of adverse information that calls eligibility into question. If the full investigation is favorable, the CSA updates it to final. It may not exceed one year unless the CSA approves in the system of record. Non-U.S. citizens are not eligible for temporary access.

Temporary SECRET or CONFIDENTIAL eligibility is valid at the level granted, but Restricted Data, communications security and NATO information require a final SECRET determination (32 CFR 117.10(l)(1)). Temporary TOP SECRET eligibility is valid for TOP SECRET information (32 CFR 117.10(l)(2)). Combined with a final SECRET determination from a completed investigation, it is also valid for those three categories at the SECRET or CONFIDENTIAL level. Access to Sensitive Compartmented Information and special access programs on a temporary basis is decided by the granting authority (32 CFR 117.10(l)(3)).

If derogatory information develops, the CSA may withdraw temporary eligibility pending the processing needed for a final determination (32 CFR 117.10(l)(4)). Where the person must be cleared for the entity’s own eligibility, the contractor must remove them from access and from any key management position needing a clearance (32 CFR 117.10(l)(5)). Otherwise the temporary entity determination is also withdrawn. Withdrawal is not a denial, termination or revocation, and it may not be appealed (32 CFR 117.10(l)(6)).

6. Consultants

A consultant does not access classified information off the hiring contractor’s premises except during authorized classified visits (32 CFR 117.10(m)(1)). A contractor may assign a consultant outside the United States with duties requiring access only on conditions (32 CFR 117.10(m)(2)). The consultant agreement must identify the contract and the level of access, including any access to foreign government information abroad. It must also prohibit disclosure to any party other than the U.S. Government or the foreign government the consultant is meeting with that holds the necessary clearance and need-to-know.

The consultant and the contractor jointly execute the agreement setting out their security responsibilities, and the contractor keeps the signed original. The contractor decides, consulting the CSA as appropriate, which threat briefings the consultant receives before the assignment, and reports changes to the agreement to the CSA during assessments or on request. The hiring contractor is the consumer of the consultant’s services as the agreement sets out (32 CFR 117.10(m)(3)). For security administration, a consultant counts as an employee of the hiring contractor (32 CFR 117.10(m)(4)). Consultants to GCAs are outside the program and are processed by the GCA (32 CFR 117.10(m)(5)). The first steps in clearing an employee are covered in clearing contractor employees.

Key terms

Reciprocity	Reliance on an existing investigation and eligibility determination.
Break in access	An administrative end to access while employment continues.
LAA	A limited access authorization for a non-U.S. citizen.
Temporary eligibility	Eligibility granted before the full investigation, previously called interim.
Consultant agreement	The document setting security duties for a consultant.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Mixed workforces abroad raise these questions often. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.