This article is created to provide folks an overview with the security clearance course of action, from starting to end, that will leave the reader using a clear understanding of what to anticipate need to he or she determine to seek a security clearance. This article only offers with defense contractor employees and collateral security clearances, (i.e., security clearances in the Confidential, Secret and Top Secret levels.)
Who's eligible to apply for a clearance?
An individual cannot apply to get a clearance on his or her personal. She or he should be "sponsored" for the clearance by their defense contractor employer. They are able to only be "sponsored" in the event the function they are going to perform needs access to classified info.
Only U.S. citizens, native born and naturalized, might be granted a clearance. In pretty uncommon situations, a non-U.S. citizen can be issued a Restricted Access Authorization for access to classified details. For the average individual not possessing some exceptional capabilities, this exception will not be available.
The Procedure
If your employer decides you'll need access to classified details to carry out your job, they submit a request for an investigation by means of JPAS, an automated system that keeps track of all individuals possessing or seeking a security clearance. Your employer will also ask you to finish a security questionnaire (SF-86). This form is now electronic so in most situations you may need to total an internet version referred to as an e-QIP. As soon as you comprehensive the e-QIP and it's sent for the Defense Industrial Security Clearance Office (DISCO), the data you provided on the e-QIP is aspect of one's permanent record. In plain language, you will be stuck with your answers for the queries around the e-QIP. It truly is for this reason you should study each question quite meticulously and provide truthful answers.
The e-QIP and request for investigation ends up at the Workplace of Personnel Management (OPM), a government agency which conducts a lot of the background investigations for DoD contractor personnel searching for a security clearance. Depending on the level of security clearance that you are searching for, as well as other variables, the investigation could involve an OPM investigator interviewing you.
When the investigation is comprehensive, OPM sends your investigative file to DISCO. Within the vast majority of situations, DISCO grants the clearance request, and notifies your employer of its choice. If DISCO is unable to make the affirmative locating that it truly is clearly constant using the national interest to grant you a clearance, they refer your case to the Defense Office of Hearings and Appeals (DOHA). When at DOHA, your file is further reviewed. DOHA might send you interrogatories (i.e., written concerns) looking for further details. In some cases, DOHA will grant your security clearance request with no additional action. Having said that, if DOHA decides it too can't make the affirmative obtaining that granting your security clearance request is clearly constant with all the national interest, they'll situation you a Statement of Causes (SOR) detailing their issues.
As a way to continue the processing of one's security clearance request, and have your case assigned to a DOHA Administrative Judge to make the final selection, you will need to file a notarized answer for the SOR within the time limit set by DOHA. The answer have to admit or deny every single allegation inside the SOR. Also, as part of your answer, you happen to be necessary to inform DOHA no matter whether you want your case decided on a written record, or soon after a Hearing prior to the DOHA Administrative Judge. When you choose to go using the first choice, the Administrative Judge will choose your case determined by written submissions by you plus the DoD lawyer, referred to as a Department Counsel (DC). With this alternative, you never get to meet the DOHA judge face-to-face to plead your case. For those who request a Hearing, the Administrative Judge will send you a Notice of Hearing, informing you from the date, time and location on the Hearing, at the least 15 days prior to the Hearing date. At the Hearing, the DC will present the Government's proof supporting the allegations within the SOR, and you will possess the chance to testify, supply written proof that supports your case, elicit testimony from witnesses you decide on to bring towards the hearing, cross examine any Government witnesses, and ultimately, to offer a closing argument exactly where you attempt to persuade the Administrative Judge that you just need to be granted a security clearance. Take into account that the DC is allowed to cross examine you and any of your witnesses.
It ought to be noted that within the vast majority of situations, the final selection to grant or deny a security clearance is usually a discretionary one, that will be based on the special information of the unique case and the DoD adjudicative suggestions. Having said that, there's one exception. Below existing law, in the event you are deemed by the adjudicator or the Administrative Judge to become "an unlawful user of a controlled substance or... an addict," you will be automatically barred from getting a DoD security clearance. (This bar will not be limited to users of illegal drugs; it also applies to users of legal, prescription drugs if such use is abusive.) This signifies the adjudicator and Administrative Judge have no discretion to grant you a security clearance; your request has to be denied. As a practical matter, for those who instantly stop this activity when initial applying for the security clearance, the chances are superior that by the time the final choice is created within your case, you may no longer be topic to this automatic bar.
After the Administrative Judge difficulties their decision, either you or the DC can appeal the choice to the DOHA Appeal Board. The Appeal Board cannot accept any new evidence; it only evaluations the evidence that was presented in the DOHA Hearing. It can be for that reason vital that each of the proof you desire to become considered by DOHA be provided just before or in the hearing. The Appeal Board critiques the Administrative Judge's choice for legal error only. The end result of this really is that it can be pretty difficult to get the Appeal Board to overturn an Administrative Judge's choice to not grant a security clearance request.
In the event the Administrative Judge decides you must not be granted a security clearance and also you don't appeal the selection, it's essential to wait one year in the date in the Administrative Judge's choice to reapply for a Security Clearance Questionnaire. If your employer initiates the approach for you, DOHA will send you a letter asking you, in essence, what has changed because the Administrative Judge's selection that would lead DOHA to conclude a various outcome may be reached this time. For those who can convince DOHA to reopen the case, the method starts all more than again.
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