Date: November 3, 2000

Sunset Review: November 3, 2004

SUBJECT: Delegation of Authority Concerning Personnel Security

1. DELEGATION. Pursuant to section 5 of Treasury Order (TO) 102-17, "Delegation of Authority Concerning the Personnel Security Program," this Directive redelegates to the Director, Office of Security and Critical Infrastructure Protection (OSCIP), the authority to exercise and perform all duties, rights, powers, and obligations delegated by that Order. This includes the authority to make all determinations and appointments and to issue any regulations required to implement the Department's personnel security program established in TO 102-17 (hereafter "personnel security program"), except:

a. any matter in which, by law, executive order, or regulation of outside agencies, the personal decision of the head of the agency or principal deputy is required; and

b. the Assistant Secretary for Management and Chief Financial Officer shall appoint members of any security appeals panel convened pursuant to section 5.2 of Executive Order (E.O.) 12968, "Access to Classified Information."

2. REDELEGATION.

a. The Director, OSCIP, shall redelegate to bureau heads, the Inspector General and the Treasury Inspector General for Tax Administration, the authority to perform the operating functions relating to personnel security, except as stated in paragraph 2.c. and Section 4. below, but including:

(1) the designation of position sensitivity; and

(2) making determinations of eligibility for access to classified information, and the consequent granting, suspending, denying, and revoking of access to classified information, in conformity with the provisions of E.O. 12968;

b. Any authority so delegated to a bureau head, the Inspector General or the Treasury Inspector General for Tax Administration may be further redelegated, with the concurrence of the Director, OSCIP, within bureau headquarters, the Office of Inspector General, or the Treasury Inspector General for Tax Administration.

c. The Assistant Director (Personnel Security), OSCIP, shall perform the operating functions relating to personnel security for the Departmental Offices.

3. RESPONSIBILITIES. The Director, OSCIP, serves as the principal adviser to the Assistant Secretary for Management and Chief Financial Officer with respect to the Department's personnel security program, and shall:

a. define the operating functions relating to personnel security and prescribe uniform policies and general procedures in Treasury Department Publication (TD P) 71-10, "Department of the Treasury Security Manual;"

b. serve as a member of, and chair, any security appeals panel convened pursuant to section 5.2 of E.O. 12968;

c. be responsible for overseeing and implementing the National Industrial Security Program within the Department pursuant to E.O. 12829, "National Industrial Security Program," concerning contractors, subcontractors, vendors, and suppliers requiring access to classified information or material;

d. conduct periodic evaluations of implementation and administration of the personnel security program throughout the Department;

e. represent the Department on all interagency committees and act as liaison with the Security Policy Board, Federal agencies, and the White House concerning personnel security matters; and

f. act as liaison with the Department of Energy on all matters pertaining to clearances for access to information designated "Restricted Data" or "Formerly Restricted Data" pursuant to the Atomic Energy Act of 1954, as amended.

4. RESERVED FUNCTIONS. The following functions are reserved to the Director, OSCIP and may not be redelegated outside of the OSCIP:

a. receiving all reports of investigations involving loyalty matters on Department of the Treasury employees and potential employees, and directing such matters to appropriate authorities for processing or resolution;

b. assuming jurisdiction for all cases within the Department involving a potential determination that an employee should be suspended, reassigned, or terminated on the grounds that such action is necessary in the interests of national security pursuant to E.O. 10450, "Security Requirements for Government Employment," and 5 U.S.C. 7532;

c. making disclosure determinations concerning loyalty information contained in personnel security files throughout the Department pursuant to 31 CFR Part 1, including requests for disclosure under the Freedom of Information Act or Privacy Act (5 U.S.C. 552 and 552a); and

d. designating position sensitivity and making determinations of eligibility for access to classified information, and the consequent granting, suspending, denying, and revoking of access to classified information, in conformity with the provisions of E.O. 12968, for the following positions:

(1) all presidential appointees in the Department requiring confirmation by the Senate, the Inspector General, and the Treasury Inspector General for Tax Administration to the extent of the Department's authority with respect to these officials;

(2) heads of bureaus and their first deputies; and

(3) bureau security officers and any official to whom the authority to grant security clearances has been delegated.

5. SPECIAL ASSISTANT TO THE SECRETARY (NATIONAL SECURITY). The responsibilities of the Special Assistant to the Secretary (National Security) are not affected by this Directive.

6. AUTHORITIES.

a. E.O. 10450, "Security Requirements for Government Employment," dated April 27, 1953, as amended.

b. E.O. 12968, "Access to Classified Information," dated August 2, 1995.

c. E.O. 12958, "Classified National Security Information," dated October 17, 1995, as amended.

d. E.O. 12829, "National Industrial Security Program," dated January 6, 1993, as amended.

e. 5 U.S.C. 7531-7533.

f. TO 102-17, "Delegation of Authority Concerning the Personnel Security Program," dated May 2, 1996.

7. REFERENCES.

a. TD P 71-10, "Department of the Treasury Security Manual."

b. The Atomic Energy Act of 1954 (42 U.S.C. 2011).

c. Presidential Decision Directive 29, "Security Policy Coordination," dated September 16, 1994.

8. CANCELLATION. TD 12-32, "Delegation of Authority Concerning Personnel Security," dated October 15, 1997, is superseded.

9. OFFICE OF PRIMARY INTEREST. Office of Security and Critical Infrastructure Protection, Office of the Assistant Secretary for Management and Chief Financial Officer.
 
 
 
 

/S/

Lisa Ross

Acting Assistant Secretary for Management

and Chief Financial Officer