AR 7-7 (U) APPEAL OF PERSONNEL SECURITY DECISIONS<SANITIZED>

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06490766
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 15
• Document Creation Date: December 28, 2022
• Document Release Date: July 3, 2017
• Case Number: F-2015-02633
• Publication Date: December 1, 2010

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(U) Disseminating or sharing any part of this document outside CIA must comply with
A
7-7 (
) APPEAL OF PERS
EL SECU
ECISI
(b)(3)
Regulation Summary
(U) This regulation prescribes the policy and respons bilities for providing reviews and
appeals to covered personnel who the CIA has determined are ineligible for access to
classified information, in accordance with the adjudicative guidelines promulgated pursuant to
Executive Order 12968, and for cases involving access to Sensitive Compartmented
Information, incorporated into ICD 704. Cases that involve the Agency's withdrawal of a
conditional offer of employment or termination of employment for reasons other than
ineligibility for access to classified information are not subject to appeal under this regulation,
unless otherwise prescribed.
(U) This revision was written by the Office of Security/Security Policy Staff,
(U) Autho les
(U) See below.
U. (U) Policy
16. (U) APPEAL OF PERSONNEL SECURITY DECISIONS
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(b)(3)
(b)(3)
(b)(3)
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a. (U) AUTHORITY. The National Security Act of 1947, as
amended; the CIA Act of 1949, as amended;
Executive Orders 12333, 13526, and 12968; ICD 704,
and other applicable law. The appeal provisions of this
regulation shall apply notwithstanding any contrary
provisions in ICPG 704.3.
b. (U) DEFINITIONS. For purposes of this regulation,
the following definitions apply:
(1) (U) COVERED PERSONNEL
(a) (U) The terms "covered personnel" and
"covered individual" refer to Agency applicants,
(to include applicants for the Summer Employee
Program), employees, and contractors, as
defined in this regulation.
(b) (UHAIU0) The Director of the Central
Intelligence Agency (D/CIA) has determined
that the following individuals will not be granted
any appeal:
(/) (UHAIU0)
(2) (UHAIU0)
(3) (UHAIU0) Individuals other than applicants,
employees, and contractors (as defined in b(2)
- b(4) of this regulation) who are screened for
approval for access to national security
information and for whom the Director, Office of
Security (D/OS) has determined an appeal
cannot be granted consistent with the national
security.
(2) (U) APPLICANTS. For the purposes of this
(b)(3)
(b)(3)
(b)(3)
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regulation, the terms "applicant" and "applicants"
include individuals who have received conditional
offers of employment to become Agency
employees.
(3)
(UHAIU0) EMPLOYEES. With the exception
employees,
the
(b)(3)
(b)(3)
foreign national
terms
for the purposes of this regulation,
"employee" and "employees" refer to
staff
personnel
and non-staff personnel
(b)(3)
(b)(3)
(4)
(UHAIU0)
CONTRACTORS. For the purposes of
this regulation, the terms "contractor" and
"contractors" include independent contractors
(including consultants) and employees of
contractors (also known as industrial contractors).
The term "contractor" also includes, for purposes
of this regulation, individuals from non-National
Intelligence Program (NIP) organizations for whom
the Agency has denied or revoked a request for
clearance and/or access(es).
c. (U) SECURITY AND SUITABILITY DETERMINATIONS
(1) (UHAIU0) GENERAL. Cases that involve the Agency's
denial or revocation of security clearances and/or
access approvals of covered personnel are subject to
appeal under the terms of this regulation. Cases that
involve the Agency's withdrawing a conditional offer of
employment or terminating employment for reasons
other than ineligibility for access to classified
information (for example, performance or surplus
reasons) are not subject to appeal under Executive
Order 12968, ICD 704, or this regulation. However,
an employee involved in a "mixed case" (see
paragraph h(2)(b) below) may appeal both security
and employment suitability issues in accordance with
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this regulation
(2) (UHAIU0) APPLICANTS AND EMPLOYEES. The
Director, Office of Security (D/OS) or designee will
determine whether an applicant's or employee's
conduct raises concerns regarding suitability for
employment, security eligibility, or both. However, in
cases
presenting only employment suitability issues,
as detailed
(b)(3)
(b)(3)
(b)(3)
may only
D/OS
(b)(3)
make recommendations regarding
the individual's
suitability for employment to the Chief, Human
Resources (C/HR), the cognizant Head
of Career
Service, or their respective designees
(b)(3)
(b)(3)
(3) (UHAIU0) CONTRACTORS. The Office of Security
(OS) is only concerned with a contractor's eligibility for
a security clearance, access approval, or security
approval as defined in
An industrial
contractor's suitability for employment is solely and
exclusively the responsibility of the contractor's
employer, not the Agency
(4) (UHAIU0) CONSULTATION. In cases involving the
possible denial or revocation of a security clearance
or access approval where it is unclear whether the
conduct involved raises solely security concerns or
includes concerns involving an employee's suitability
for employment, the OS will consult with the Office of
General Counsel (OGC).
(5) (U) ADVERSE SECURITY DECISIONS
(a) (UHAIU0) Denials of waivers of adjudicative or
investigative requirements as defined in
(b)(3)
(b)(3)
(b)(3)
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may not be appealed.
(b) (UHAIU0) With the exception of temporary
suspensions or administrative terminations of
access as defined in whenever the OS
determines that covered personnel are not eligible
for access to classified information, the
procedures set forth below shall apply unless the
Director of the Central Intelligence Agency (D/CIA)
or the Deputy Director of the Central Intelligence
Agency, (DD/CIA) determines that the appeal
procedures cannot be made available in a
particular case without damaging the national
security interest of the United States (U.S.)
d. (U) INITIAL SECURITY DECISIONS
(1) (UHAIU0) APPLICANTS AND CONTRACTORS. An
OS officer delegated authority by the D/OS will make a
decision to deny or revoke an applicant's or a
contractor's security clearance and/or access
approval(s).
(2) (UHAIU0) EMPLOYEES. The D/OS, usually after
receiving the recommendation from the Personnel
Evaluation Board (PEB), will make a decision to
revoke an employee's security clearance and/or
access approval(s). The D/OS will seek a
recommendation from the PEB in cases involving staff
personnel only. Detailed information concerning the
PEB is set forth
e. (U) STATEMENT OF REASONS; PROCEDURES
ASSOCIATED WITH REQUESTING REVIEW OF AN
INITIAL SECURITY DECISION
(1) (U) APPLICANTS AND CONTRACTORS
(a) (U) Consistent with national security and as
(b)(3)
(b)(3)
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otherwise provided by applicable law and this
regulation, the OS shall provide an applicant or
contractor with a comprehensive written statement
of reasons (SOR) setting forth the basis for the
initial security decision that the applicant or
contractor does not meet the standard(s) for
access to classified information.
(b) (U) The SOR shall inform the applicant or
contractor that he or she may:
(/) (UHAIU0) Within 45 days of receipt of the
SOR, reply in writing to and request a review of
the initial security decision;
(2) (U) At his or her own expense, use the
services of counsel or another individual to act
as a representative on the applicant's or
contractor's behalf;
(3) (UHAIU0) Request from the OS those
documents, records, and reports, including the
entire investigative file, upon which the initial
security decision was based. (The applicant or
contractor must make the request for
documents at the time of his or her request for
a review of the initial security decision. Within
30 days of receiving the request, the OS shall
provide the requested documentation in a
manner consistent with national security and to
the extent the documentation would be provided
if requested under the Freedom of Information
Act or the Privacy Act.); and
(4) (U) Request to appear, at his or her own
expense, personally before an Agency
representative identified to accept information
regarding the applicants or contractor's request
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for a review. (The applicant or contractor must
make the personal appearance prior to the
review.)
(a) (U) The appearance shall be solely to
present relevant documents, materials, and
information for consideration by the
designated review authority.
(b) (U) The Agency representative shall include
a written summary of the appearance in the
applicant's or contractor's security file for
consideration by the designated reviewing
authority.
(2) (U) EMPLOYEES
(a) (U) Consistent with national security and as
otherwise provided by applicable law and this
regulation, the OS shall provide an employee with
a comprehensive written SOR setting forth the
basis for the initial security decision that the
employee does not meet the standard(s) for
access to classified information.
(b) (UHAIU0) Within 10 days of receipt of the SOR,
employees may reply in writing and request a
review of the initial security decision. If an
employee's response would reveal classified
information, it must be prepared and stored at a
secure site acceptable to the OS. Employees may
also, within that 10 day period, request those
documents, records, and reports, including the
entire investigative file, upon which the initial
security decision was based. Within 30 days of
receiving the request, the OS shall provide the
documentation in a manner consistent with national
security and as permitted by the Freedom of
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Information Act and the Privacy Act. (For cases
where the SOR or the associated documentation
of the decision may be classified due to cover or
other considerations, access to the SOR or
documentation will be provided at a secure facility
designated by the OS as though making a
discretionary disclosure under the Privacy Act.)
(c) (U) The OS shall advise employees in the SOR
that they may, at their own expense, use the
services of counsel or another individual to act as
a representative on their behalf. If an employee
retains private counsel or a personal
representative, the employee must obtain an
Agency security clearance, access approval, or
security approval for their personal counsel or
personal representative prior to discussing any
classified information with said counsel or
representative.
(d) (U) Employees may request to appear personally
with counsel or their personal representative
before an Agency representative identified to
accept information regarding the employee's
request for a review. (The employee must make
the personal appearance within 10 days of receipt
of the SOR and prior to the review of the initial
security decision.)
(1) (U) The appearance shall be solely to present
relevant documents, materials, and information
for consideration by the designated review
authority.
(2) (U) The Agency representative shall include a
written summary of the appearance in the
employee's security file for consideration by the
designated reviewing authority. (b)(3)
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(3)
(U) The requirement that an individual stationed
outside of the Headquarters area pay travel
expenses associated with a personal
appearance will be waived for Agency
employees and detailees. These individuals will
be provided with transportation to Headquarters
and appropriate lodging and subsistence
expenses needed to make a personal
appearance. All other costs incurred by these
individuals, as part of the review of the initial
security decision, are not reimbursable.
f. (U) REVIEW OF INITIAL SECURITY DECISIONS
(1) (UHAIU0) REVIEW OF INITIAL SECURITY
DECISIONS. When a review of the initial revocation
or disapproval decision is requested by the applicant
or contractor, the D/OS shall designate an OS officer,
other than the officer that made the initial revocation
or disapproval decision, to review the initial security
decision. For employees, the D/OS will review the
initial security decision after the personal appearance
has occurred or, where an employee does not
request a personal appearance, after receipt of the
employee's request for review of the initial security
decision.
(2) (UHAIU0) NOTICE OF RESULTS OF REVIEW. The
OS shall provide covered personnel, who have
requested and received a review of an initial security
decision by one of the above designated reviewing
authorities, written notice of and the reasons for the
results of the review. In addition, the OS shall provide
covered personnel with the identity of the deciding
authority, consistent with cover and other applicable
security considerations.
(b)(3)
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g.
(U) APPEALS
(1) (UHAIU0) NOTICE OF APPEAL. In the written notice
of and reasons for the results of the review, the OS
shall advise covered personnel that they may appeal
the initial security decision (and the review) to an
appeals panel. Applicants and contractors must file
their appeal within 30 days of the receipt of the notice
and results of the review of the initial security decision.
Employees must file their appeal within 10 days of the
receipt of the notice and results of the review of the
initial security decision.
(2) (U) APPEALS PANELS
(a) (UHAIU0) Applicants. The appeals panel will
consist of Chief, Personnel Security Group (PSG),
who will serve as the chairperson, as designated
by the D/OS; Chief, Recruitment and Retention
Center (RRC), as designated by C/HR; and the
deputy head of the office that seeks to employ the
applicant.
(b) (UHAIU0) Contractors. The appeals panel will
consist of the D/OS (who will serve as the
chairperson), the Deputy Chief, Counterintelligence
Center (GIG) (as delegated by Chief, CIC), and the
head of the office that requested the use of the
contractor. For non-NIP cases, the appeals panel
will consist of the D/OS (who will serve as the
chairperson), the Deputy Chief, CIC (as delegated
by Chief, CIC) and Chief, RRC, as delegated by
C/H R.
(c) (UHAIU0) Employees. For employees from
outside the E Career Service (D/CIA area), the
appeals panel will consist of the Agency Associate
Deputy Director of the Central Intelligence Agency
(b)(3)
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(ADD/CIA) who will serve as the chairperson, the
Associate Deputy Director for Counterintelligence,
National Clandestine Service (ADD/NCS/CI), and
the Head of the employee's Career Service. For
employees within the E Career Service, the panel
will consist of the ADD/CIA (who will serve as the
chairperson), the ADD/NCS/CI, and the head of
the employee's office. An OS representative will
attend the panel sessions as a nonvoting member
and will advise the panel regarding security
considerations concerning the employee.
(d) (U) Alternates. Voting members of Agency
appeals panels may designate other senior
Agency officials (Senior Intelligence Service or
equivalent grade) to act as their alternates at an
appeals panel meeting in the event the voting
member will be unavailable to attend the panel
meeting.
(3) (U) CONVENING OF APPEALS PANELS. At the call
of the appropriate appeals panel's chairperson, the
panel will convene to review the appeal of a covered
individual.
(4) (UHAIU0) PARTICIPATION BY OTHERS IN APPEALS
PANELS. Any of the above-mentioned appeals panels
may request that representatives of the OGC, the
Office of Medical Services, the Office of Equal
Employment Opportunity, or any other appropriate
Agency office, attend appeals panels as nonvoting
members to provide expertise and advice. Covered
personnel and their representatives will not attend
meetings of the appeals panels.
(5) (U) DECISIONS OF APPEALS PANELS
(a) (U) The decision of an appeals panel shall be in
(b)(3)
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writing, and the Agency shall notify the covered
personnel in writing.
(b) (U) Except as provided in paragraph g(5)(c) below,
the decision of an appeals panel shall be final and
conclusive.
(c) (UHAIU0) Nothing in this regulation shall prohibit
the D/CIA, in his sole discretion, from overturning
an appeals panel's decision or from taking any
other action regarding an individual's security
clearance, access, or security approval as he
deems appropriate. Covered personnel, however,
may not appeal security decisions to the D/CIA.
h. (U) RELATIONSHIP BETWEEN SECURITY DECISIONS
AND EMPLOYMENT
(1) (U) APPLICANTS. When the appeals panel upholds
the security decision in a case involving an applicant,
the applicant will not be hired. The decision of any
appeals panel shall be recorded by OS in the
appropriate OS files and databases, to include the
applicants security file and electronic record.
(2) (U) EMPLOYEES
(a) (UHAIU0) Security Cases. When the appeals
panel upholds the security decision in a case
involving an employee, the ADD/CIA will terminate
the individual's Agency employment
The decision of any appeals
panel shall be recorded by OS in the appropriate
OS files and databases, to include the employee's
security file and electronic record.
(b) (UHAIU0) Mixed Cases. When an employee's
case involves issues regarding both security and
suitability for employment, the procedural
(b)(3)
(b)(3)
(b)(3)
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processing of the case will proceed as set forth in
this regulation [including paragraph h(2)(a)
immediately above]. The employee will be notified
of and may simultaneously address the issues
relating to both security and suitability for
employment, and these issues will be addressed
by the appeals panel. The appeal by an employee
of a mixed case will be handled under this
regulation rather than the appeal provisions of any
other regulation.
(3) (UHAIU0) CONTRACTORS. When the appeals panel
upholds the security decision in a case involving an
industrial contractor, the Agency will advise only the
individual of the outcome. Employment decisions
following the denial or revocation of an industrial
contractor's security clearance and/or access
approval(s) are solely and exclusively at the discretion
of the employer. When an appeals panel upholds the
security decision in a case involving an independent
contractor, the Agency will not retain the services of
the contractor. In both cases, the OS will record the
decision in the appropriate OS files and databases, to
include the individual's security file and electronic
record.
(4) (UHAIU0) DETAILEES. When the appeals panel
upholds the security decision in a case involving a
detailee, the detailee will be reassigned to his or her
parent organization, and the OS will record the
decision in the appropriate OS files and databases, to
include the individual's security file and electronic
record.
(5) (UHAIU0) INDIVIDUALS AT NON-NIP
ORGANIZATIONS. When the appeals panel upholds
the security decision in a case involving an individual
(b)(3)
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who is at a non-NIP organization and who is not
physically assigned or physically detailed to the
Agency, the Agency will advise the individual, and the
OS will record the decision in the appropriate OS files
and databases, to include the individual's security file
and electronic record.
I. (U) DELEGATION OF AUTHORITY AND LIMITATIONS
(1) (U) D/OS is the senior agency official designated
under section 6.1 of Executive Order 12968 to direct
and administer the Agency's personnel security
program.
(2) (U) D/OS is delegated all authority granted by
Executive Order 12968 to the D/CIA, as head of the
Agency, except for the following provisions that must
be exercised by the D/CIA or DD/CIA, acting on the
D/CIA's behalf:
(a) (U) Section 2.4(b). Making determinations
regarding the sensitivity level of special access
programs when considering access reciprocity;
(b) (U) Section 5.2(b). Personally acting as the final
appeal authority;
(c) (U) Section 5.2(d). Denying covered personnel a
particular appeal procedure under this regulation;
and
(d) (U) Section 5.2(e). Denying covered personnel an
appeal under this regulation.
(3) (U) This regulation applies only to individuals whose
affiliation with the Agency requires that they undergo
security processing to receive access to classified
information. Time deadlines set forth in this regulation,
other than those mandated by Executive Order 12968,
(b)(3)
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may be extended or waived by D/OS or designee.
(4) (U) Nothing in this regulation shall be deemed to limit
or affect the authority of Agency personnel to make
determinations with respect to an individual's suitability
or availability for employment, assignment, or affiliation
with the Agency.
(5) (U) This regulation does not create for or confer on
any person or entity any right to administrative or
judicial review of these procedures, their
implementation, or decisions or actions rendered there
under. It also does not create or confer any right,
benefit, or privilege, whether substantive or
procedural, for access to classified information or
facilities. Finally, this regulation does not create or
confer any substantive or procedural right, benefit, or
privilege enforceable by any party against the U.S.,
the Agency, or any other agency or instrumentality of
the executive branch, its officers or employees, or any
other person.
(6) (U) Nothing in this regulation shall be deemed to
preclude the D/CIA or the DD/CIA, under the authority
of the National Security Act of 1947, as amended,
from taking any actions regarding a covered
individual's security clearance or access, or
employment with the Agency. The D/CIA or the
DD/CIA may take any actions regarding an individual's
security clearance, access, security approval, or
employment with the Agency, without regard to any of
the provisions of this or any other Agency regulation
or D/CIA directive.
(b)(3)
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