Reporting Requirements for Security Clearance Holders

The Security Executive Agent Directive 3 Reporting Requirements for Personnel with Access to Classified Information or Who Hold a Sensitive Position (“SEAD-3”) which was first effective on the 12th of June 2017 establishes reporting requirements for all covered individuals who have access to classified information or hold a sensitive position. However, Nothing in the SEAD-3 should be construed to limit the authority of any agency heads to impose additional reporting requirements in accordance with their respective authorities under law or regulation.

The SEAD-3 applies to any executive branch agency or Covered Individual. A “Covered Individual” is defined in the SEAD-3 as:

a. A person who performs work for or on behalf of the executive branch who has been granted access to classified information or holds a sensitive position; but does not include the President or (except to the extent otherwise directed by the President) employees of the President under 3 U.S.C. 105 or 107, the Vice President, or (except to the extent otherwise directed by the Vice President) employees of the Vice President under 3 U.S.C. 106 or annual legislative branch appropriations acts.

b. A person who performs work for or on behalf of a state, local, tribal, or private sector entity, as defined in EO 13549, who has been granted access to classified information, but does not include duly elected or appointed governors of a state or territory, or an official who has succeeded to that office under applicable law.

c. A person working in or for the legislative or judicial branches who has been granted access to classified information 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.

d. Covered individuals are not limited to government employees and include all persons, not excluded under paragraphs (a), (b), or (c) of this definition, who have access to classified information or who hold sensitive positions, including, but not limited to, contractors, subcontractors, licensees, certificate holders, grantees, experts, consultants, and government. employees.

Daniel has represented numerous contractors, employees, and others in security clearance hearings under 10 C.F.R. 710. Call 865-235-1787 to schedule a consultation today. Timelines to request a hearing, respond to a LOI (Letter of Interrogatory), respond to a SSC (Summary of Security Concerns) or SOR (Statement of Reasons), or even fill out a QNSP (Questionnaire for National Security Position/ SF-86/ eQIP) are very important and should be taken with the upmost seriousness. Don’t delay, call 865-235-1787.