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This following FAQs are based on questions often asked by our customers. We have categorized them by subject. If a question or subject is not covered by this list, please feel free to use the points of contact provided in our "Contact Us" page.
Categories of Questions:
Investigative Practices and Procedures
Industrial Security Practices and Procedures
QUESTION: What is the Defense Security Service (DSS)?
ANSWER: DSS is an agency of the Department of Defense under the direction, authority and control of the Assistant Secretary of Defense (Command, Control, Communications and Intelligence).
QUESTION: What is the mission of DSS?
ANSWER: Our mission is to provide to the
Department of Defense and other Federal agencies an array of security products
and services which are designed to deter and detect espionage.
TOP
QUESTION: When was DSS established?
ANSWER: DSS was established on January
1, 1972, and became fully operational on October 2 of that same year. Formerly
known as the Defense Investigative Service (DIS), our name was changed
in November 1997 to more accurately reflect the agency’s broad mission.
TOP
QUESTION: Who is the head of DSS?
ANSWER: Mr. William A. Curtis became the Acting Director of DSS in July 2002.
TOP
QUESTION: How many people are employed by DSS?
ANSWER: DSS employs approximately 2600 employees throughout the United States, as well as three personnel in Europe.
QUESTION:How do I go about obtaining employment with DSS?
ANSWER: The Human Resource Service Center
(HRSC) in Alexandria, VA provides recruiting services for DSS. Please refer
to their website at http://persec.whs.mil/hrsc/index.html
since this will list all DSS vacancy announcements and the corresponding
qualification requirements.
INVESTIGATIVE PRACTICES AND PROCEDURES
Citizenship Requirements for Clearances
Request for Clearance/Investigation
GENERAL QUESTIONS
QUESTION: Since the Cold War is over, why is it necessary for DSS to conduct personnel security investigations (PSIs)?
ANSWER: Although the cold war has ended, the Department of Defense (DoD) must continue to ensure the trustworthiness and reliability of individuals who will have access to national security information. Unfortunately, foreign intelligence organizations, individuals, groups and even nations, continue their efforts to steal our most valuable technological information. For example, since January 2000, at least seven individuals have been convicted of committing espionage against the United States. In the face of this, we cannot allow the end of the Cold War and the dissolution of the Soviet Union to lull us into an unrealistic sense of security.
We must counter the threats that may stem from
the following:
- Foreign Intelligence Services
- Those who wish to overthrow or undermine the
government by unconstitutional or violent means; terrorist groups; and
- Individuals who
o May be susceptible to pressure or improper
influence;
o Have shown dishonesty or lack of integrity that
casts doubt upon their reliability;
o Have demonstrated behavior or are subject to
circumstances which may otherwise indicate unreliability.
Conducting security clearance investigations is a
key element in protecting the nation’s security.
QUESTION: What types of information does
DSS gather when it conducts an investigation?
ANSWER: A security clearance investigation
is an inquiry into an individual’s loyalty, character, trustworthiness
and reliability to ensure that he or she is eligible for access to national
security information. The investigation focuses on an individual’s character
and conduct, emphasizing such factors as honesty, trustworthiness, reliability,
financial responsibility, criminal activity, emotional stability, and other
similar and pertinent areas. All investigations consist of checks of national
records and credit checks; some investigations also include interviews
with individuals who know the candidate for the clearance as well as the
candidate himself/herself.
QUESTION: Who is affected?
ANSWER: Security clearances may be requested
on individuals in the following categories whose employment involves access
to sensitive government assets:
- Members of the military;
- Civilian employees working for the DoD or other
government agencies;
- Employees of government contractors
QUESTION: How secure is the information
provided to DSS?
ANSWER: The governing Federal statute concerning
the protection of personal information is the Privacy Act of 1974. A limited
number of DSS employees and its contract suppliers have access to personal
information in the performance of their legitimate, official duties. You
can be assured that these individuals are held to a very high standard
regarding the scrupulous protection of all information. Our standards of
professionalism are fully consistent with the protections provided under
the laws and statutes of the United States, including the Privacy Act of
1974.
QUESTION: How does the security clearance
process work?
ANSWER: All candidates for a security clearance
are asked to complete a security questionnaire, usually the Standard Form
86 (SF 86), which explains the purpose of the security clearance, sets
out the government’s personnel security policy, and asks for the personal
details required to conduct necessary checks.
QUESTION: Who conducts my security clearance
investigation?
ANSWER: The Defense Security Service (DSS)
is the agency that will conduct your clearance investigation for the Department
of Defense (DoD). Other investigative activities also conduct background
investigations for federal government and government contractor employees.
The DoD will accept these investigations as the basis for a security clearance
if they are current.
QUESTION: What about unfair discrimination?
ANSWER: All candidates for security clearances
are treated impartially and consistently, regardless of their gender, race,
marital status, age, ethnic origin, religious affiliation or sexual orientation.
QUESTION: Who decides whether a security
clearance will be granted?
ANSWER: An adjudicator, a person trained
in the process of reviewing and evaluating security clearance information,
reviews the results of your investigation and compares it to established
qualifying criteria for access to classified national security information.
QUESTION: What a long form! Is it really
necessary?
ANSWER: The security questionnaire can
look daunting, but you will find that most questions are fairly straightforward
and provide security officials with the necessary data relevant to all
aspects of your life. You should first read through the instructions and
questions to find out what is required, collect the necessary information,
and then allow plenty of time for completion. You must answer all questions.
Failure to do so may delay the decision about your clearance. If you do
not understand a question, please ask for guidance from whomever gave you
the form. If you realize after you have handed in the form that
you have inadvertently made a mistake or omitted something important, please
tell your Security Officer or the DSS Investigator when you are interviewed.
If you do not do so, the error or omission could be held against you during
the adjudicative process.
QUESTION: Who should I name as references
and what will they be asked?
ANSWER: You should name people who have
known you well over a significant period of your life. They will be asked
to describe you and your way of life, attitudes, abilities, etc. Essentially,
the DSS investigator will be trying to verify and complete the information
provided in your security forms.
QUESTION: Why do some clearance investigations
take longer than others?
ANSWER: Your request for a clearance investigation
may be delayed before it gets to DSS because of internal processing requirements
of the requester. Incomplete or inaccurate completion of your security
forms also delays an investigation. In other cases an investigation takes
more time due to special situations such as the need to cover multiple
geographic areas, especially overseas locations; difficulty in locating
records and people who know you; and, expanding the investigation to clear
up discrepancies or issues.
QUESTION: What can I do to keep
the clearance time as short as possible?
ANSWER: You can help DSS complete your
investigation as quickly as possible by doing the following:
QUESTION: Will I be told whether a clearance
has been granted?
ANSWER: Typically, a favorable investigation
and adjudication will result in certain procedures being taken by your
organization (for example, security briefings, access badges, etc.). If
you are not notified of these types of events, you should contact your
Security Officer.
QUESTION: Can I appeal a clearance denial?
ANSWER: Yes. If you are notified of an
intent to deny or revoke your security clearance, you have the right to
appeal this determination. Procedures regarding filing an appeal will be
provided to you at that time.
QUESTION: Who can I contact for more information
about the security clearance process?
ANSWER: If you have any questions concerning
the investigative process, the Defense Security Service or its mission,
or have any other concerns about your security clearance investigation,
you should call the DSS Customer Inquiry Service at 1-888-282-7682. You
may also contact your Security Officer, the local DSS office, or write
the Defense Security Service, Office of Public Affairs, 1340 Braddock Place,
Alexandria, VA 22314-1651.
QUESTION: I have found out that my clearance
investigation is being conducted by DEA contractors. I am a computer administrator
who might require clearances for other federal agencies within this next
year, due to the systems I work on. Will this Top Secret (TS) SCI clearance,
based on an investigation by DEA contractors, be recognized by any other
federal agencies, or is it just internal to DEA?
ANSWER: On 24 Mar 97, the President of
the United States approved Common Adjudicative Guidelines, Temporary Eligibility
Standards and Investigative Standards. The minimum investigative standards
approved in March 1997 were established for all U.S. Government civilian
and military personnel, consultants, contractors, employees of contractors,
licensees, certificate holders or grantees and their employees and other
individuals who require access to classified information, to include Sensitive
Compartmented Information (SCI) and Special Access Programs (SAPs), and
are to be used by the government departments and agencies as the investigative
basis for final clearance determinations.
Since these standards were designed to be the
basis for reciprocity in government-wide security practices, any government
agency should accept any investigation done according to those standards
as being adequate for granting a clearance (including SCI). Depending on
the age of the investigation and other special factors determined by various
special projects, however, other government agencies may want to obtain
updated information concerning the period since your last investigation
prior to granting access. A copy of the prior investigation and/or some
additional investigative work may also be required based on special project
needs.
QUESTION: I am an immigrant alien in the
United States and my work may require me to visit some defense contractor
sites. Is it possible for me to get a security clearance?
ANSWER: Only U.S. citizens are eligible
for a security clearance. However, if compelling reasons exist to grant
access to classified information to an immigrant alien or a foreign national,
such persons may be granted a "Limited Access Authorization" (LAA). LAAs
may be granted at only the Confidential and Secret level (higher levels
of access are prohibited) and are limited to individuals whose special
skills or technical expertise are essential to the fulfillment of a DOD
requirement which cannot reasonably be performed by a cleared or clearable
U.S. citizen.
If a LAA is granted, the classified information
to which the non-U.S. citizen may have access must be approved for release
to the person’s country or countries of citizenship. Access shall be limited
or related to a specific program or project, and the LAA shall be canceled
upon completion of the program or project for which it was approved, or
rejustified.
All potentially cleared individuals must be employed
in a job which requires access to classified information and must be nominated
for clearance by their employer. The employer must submit a request for
investigation, and the completed investigation must be reviewed by an adjudicative
body which has the power to grant or deny clearances. The employing agency
or company will then be sent a letter of clearance informing them that
the nominated employee has been cleared for access (to whatever level is
appropriate).
QUESTION: I am interested in finding out
if being married to a foreign national will automatically disqualify me
from receiving a security clearance in the future. I am not currently in
the process of obtaining a clearance, however I am interested in a career
path that will likely require one. I am also engaged to be married to a
woman who is a national of a foreign country. How will this effect my ability
to obtain a clearance in the future? Will it make a difference if she opts
to become a U.S. citizen?
ANSWER: The Defense Security Service conducts
background investigations on persons whose employment requires them to
be cleared as eligible to have access to Confidential, Secret, Top Secret
(TS) and/or Special Compartmented Information (SCI). DSS does not make
the decision whether a person meets the eligibility requirements and should
be given access. This decision is made by various adjudicative bodies,
depending on the applicant’s employer (i.e., DoD contractor, Army, Navy,
Air Force, etc.). Each adjudicative body follows uniform regulatory guidelines
in making clearance eligibility determinations, however, and these guidelines
do not necessarily disqualify an individual based on their having a foreign
national spouse. Each case is investigated and evaluated on its own merits.
If it is determined that the spouse would not constitute a security risk,
a clearance will be granted assuming no other disqualifying factors. It
should be noted, however, that anyone requiring SCI eligibility is also
subject to some additional requirements beyond those for Confidential,
Secret and TS.
QUESTION:
DSS had previously advised me that it would be unable to process an individual
for a security clearance, as she is not a U.S. citizen. The individual
is now applying to become a U.S. citizen. To my knowledge, even if the
individual applies for, and obtains, U.S. citizenship, she would still
not be eligible for a clearance and could only obtain an Limited Access
Authorization (LAA), if she qualified. Am I right?
ANSWER: No. Any United States citizen is
eligible to be processed for a security clearance. This includes naturalized
citizens.
QUESTION: What are the required forms when
nominating an employee for a Top Secret (TS) security clearance? Are fingerprint
cards still required?
ANSWER: For persons requiring a TS clearance,
several forms are required. An original and two copies of a DD Form 1879,
"DOD Request for Personnel Security Investigation," a Standard Form 86,
"Questionnaire for National Security Positions," and appropriate FD-258,
Fingerprint Cards, must be sent to the Defense Security Service, P.O. Box
454, Baltimore, MD 21203-0454. The type of investigation required (Single
Scope Background Investigation is required for Top Secret clearance), plus
the type of clearance needed, must be marked on the DD Form 1879.
All paperwork is submitted to DSS by the clearance
candidate’s headquarters, unit, or activity, but the investigation will
be returned only to the parent service for adjudication, regardless of
the source of the original request. Forms may be sent electronically, and
submission of paper forms does cause an automatic two week delay in processing.
After January 1999, DSS will no longer accept paper personnel security
application submissions. The software for electronic submission is available
by returning to the main menu and clicking on "EPSQ."
When utilizing electronic forms submission, FD-258
Fingerprint Cards must still be manually sent in, as no electronic transmission
method has been yet approved for fingerprints. The cards should be mailed
directly to Defense Security Service, P.O. Box 28989, Baltimore, MD 21240-8989.
DSS and the FBI are currently participating in a study for future electronic
transmission of fingerprint cards. When a method has been approved, further
direction will be provided.
Currently, fingerprints must be taken with black
printer’s ink. Ink is to be evenly distributed on the inking slab, fingers
are to be washed and thoroughly dried, and then rolled from nail to nail.
Impressions must be recorded in the correct order. Extensive instructions
are provided on the back of the form.
QUESTION: How does an individual apply
for a clearance? Does the individual need to be currently employed by a
defense contractor?
ANSWER: An individual cannot personally
apply for a clearance. The employer must submit the individual for a clearance.
Employers are prohibited from submitting a person for clearance unless
the employee is currently working for them and now requires access to classified
information, or the individual has been formally offered such employment,
accepted the offer, and will come aboard in the near future.
Individuals are granted clearance by DoD based
on their need to access classified information. However, they must undergo
a personnel security investigation before the clearance is granted. The
Defense Security Service conducts the investigation based on the information
provided by the applicant on a Standard Form 86 (SF86), "Questionnaire
for National Security Positions." The SF86 is provided to the applicant
by their employer. The type of investigation conducted depends upon the
level of clearance required. Higher clearances require more in-depth investigations.
DSS does not adjudicate (make a clearance determination on) the investigation.
It is the appropriate adjudication authorities who will take the investigation
done by DSS and, utilizing the adjudicative guidelines, make a decision
whether to grant or deny the individual’s clearance.
QUESTION: I had a Secret security clearance
issued around 1983 or 1984. I have not used it, nor have I been in the
employ of the original sponsor, since about 1987. I am normally employed
as contract labor. What must I do in order to become recertified? What
is the shortest period of time I can become recertified?
ANSWER: A clearance cannot be reinstated
if 24 months or more have elapsed since the end of the employment which
involved classified access. Also, an individual cannot request a security
clearance. The employer must make the request based on a requirement for
access to classified information.
QUESTION: I would like to reinstate/upgrade
an employee’s Top Secret (TS) clearance. He has been continuously employed
by my company since he was downgraded for administrative purposes 18 months
ago. He currently holds a Secret level clearance, and his date of investigation
was February 1994 (within the last 5 years). Does the employee have to
have a new investigation? What information is required?
ANSWER: Since the employee has remained
with the same employer since last holding the TS clearance, had the appropriate
background investigation for TS clearance within the last 5 years, and
has still been holding a clearance downgraded to Secret, the TS clearance
may be reinstated by submitting a DISCO Form 562. The NISPOM, 2-217, states:
"A PCL can be reinstated provided (a) No more than 24 months has lapsed
since the date of termination of the clearance; (b) there is no known adverse
information; (c) The most recent investigation must not exceed 5 years
(TS, Q) or 10 years (Secret, L); and (d) Must meet or exceed the scope
of the investigation required for the level of PCL that is to be reinstated
or granted. A PCL can be reinstated at the same or lower, level by submission
of a CSA-designated form to the CSA. The employee may not have access to
classified material until receipt of the Letter of Consent (LOC)."
QUESTION: I worked as an Air Force civilian
from 1985 to September of 1997. During this period, I held a Secret clearance.
Who would my current employer contact to verify my clearance? Also, is
it true that the clearance is considered reinstateable for up to one year
after being debriefed?
ANSWER: Your Air Force clearance can be
converted to an industrial clearance, provided that: the investigation
on which your Air Force clearance was based meets the standards prescribed
for the required industrial clearance; there is no indication of adverse
information; and no more than 24 months have elapsed since the date it
was terminated. Your employer can apply to have your clearance converted
by submitting a DISCO Form 562 along with your "Notification of Personnel
Action" (Standard Form 50), which terminated your employment with the Air
Force.
QUESTION: How can I find out if a National
Agency Check (NAC) request has been received?
ANSWER: Any Security Officer may obtain
status of investigation information telephonically. We have established
a toll free telephone line (888-282-7682) which is staffed between the
hours of 8:00am and 8:00pm, Eastern Time, Monday through Friday. Investigation
inquiries, as well as a wide variety of other inquiries concerning DSS,
can be made by contacting this number.
In order to ensure your authenticity to request
status of investigation information on a particular individual, when you
call and identify yourself as a Security Officer, you will be asked to
identify your organization and provide full name, Social Security Account
Number (SSAN), and date and place of birth of the clearance candidate.
Keep in mind that if the request was submitted
via a transmitted EPSQ, an automated receipt would also be generated
and sent back to you.
QUESTION: Is a SF86, blocks 1 through 8
and 13b required on a DoD clearance investigation for the spouse of the
person being investigated? If so, does that rule apply to Secret, Top Secret
(TS) and Periodic Reinvestigations (PRs) for Secret and Top Secret?
ANSWER: According to 5200.2-R, "Personnel
Security Program," Appendix B, a National Agency Check (NAC) will be conducted
on a clearance candidate’s spouse/cohabitant when submitting an application
for a Single Scope Background Investigation (SSBI) for TS clearance. A
NAC will also be conducted on immediate family members who are 18 years
of age or older and who are non-U.S. citizens. For TS PRs, a NAC will be
conducted on the candidate’s current spouse or cohabitant, if not previously
conducted. NACs will also be conducted on immediate family members of 18
years of age or more who are non-U.S. citizens, if not previously accomplished.
Therefore, a SF86, questions 1 through 8, must
be filled out on spouses, cohabitants or immediate family members that
meet the above criteria. There is no requirement to conduct a NAC on spouses,
cohabitants or immediate family members when the applicant is being submitted
for an initial Secret clearance or Secret PR.
QUESTION: I was forced to file for bankruptcy
(discharged in 1994), due to my child’s medical bills and my own employment
limitations. I am interested in a position with a company that will require
a clearance of Secret, possibly Top Secret (TS). Would my bankruptcy prevent
me from obtaining a clearance?
ANSWER: The Defense Security Service conducts
background investigations on individuals who are being considered for security
clearances. DSS does not make the decision whether a clearance will be
granted or denied. Instead, we provide the investigation to the adjudicative
body which will make the decision. Who actually handles your case is determined
by whether you work for the Army, Navy, Air Force, another government agency,
or are an employee of a industrial contractor who has a defense contract
requiring use of cleared employees.
Here is a general rundown of the clearance process:
An adjudicator, a person trained in the process of reviewing and evaluating
security clearance information, will review the results of your investigation
and compare it to established qualifying criteria for being given access
to classified national security information. This criteria instructs the
adjudicator to consider the whole person (i.e., both favorable and unfavorable
information) in making the clearance decision. The adjudicator considers
the following factors when evaluating an individual’s conduct:
1) The nature, extent and seriousness
of the conduct
2) The circumstances surrounding the conduct,
to include knowledgeable participation
3) The frequency and recency of the conduct
4) The individual’s age and maturity at the time
of the conduct
5) The voluntariness of participation
6) The presence or absence of rehabilitation and
other pertinent behavioral changes
7) The motivation for the conduct
8) The potential for pressure, coercion, exploitation,
or duress; and
9) The likelihood of continuation of the conduct Naturally, each case is judged on its own merits
and final determination remains the responsibility of the specific department
or agency. Any doubt as to whether access to classified information is
clearly consistent with national security will be resolved in favor of
the national security.
When dealing with financial considerations, guidelines
approved by the President of the United States in March 1997, state:
"The Concern. An individual who is financially
overextended is at risk of having to engage in illegal acts to generate
funds. Unexplained affluence is often linked to proceeds from financially
profitable criminal acts.
Conditions that could raise a security concern
and may be disqualifying include:
b. Deceptive or illegal financial practices, such
as embezzlement, employee theft, check fraud, income tax evasion, expense
account fraud, filing deceptive loan statements, and other intentional
breaches of trust
c. Inability or unwillingness to satisfy debts
d. Unexplained affluence
e. Financial problems that are linked to gambling,
drug abuse, alcoholism, or other issues of a security concern. Conditions that could mitigate (lessen the severity
of or moderate) security concerns include:
b. It was an isolated incident
c. The conditions that resulted in the behavior
were largely beyond the person’s control (e.g., loss of employment, a business
downturn, unexpected medical emergency, or a death, divorce, or separation)
d. The person received or is receiving counseling
for the problem and there are clear indications that the problem is being
resolved or is under control
e. The affluence resulted from a legal source
f. The individual initiated a good faith effort
to repay overdue creditors or otherwise resolve debts." Please be aware that answering all of the questions
on the SF86 accurately and truthfully is very important, because it is
taken as evidence of your reliability and honesty. Indeed, if your clearance
would not be denied otherwise, it could be denied if it is discovered that
you attempted to conceal information about yourself. It is also possible
that even if your clearance were granted, it could later be revoked if
dishonesty on the forms is later discovered. Although DSS is not involved
in the adjudication process, it is hoped that this general information
is of assistance.
QUESTION: During investigations on applicants
for security clearance, what is your response to individuals who are being
treated for depression? I have employees who tell me they are afraid to
see a mental health practitioner and/or take antidepressant drugs as they
are up for their Periodic Reinvestigations (PRs).
ANSWER: By Executive Order, a clearance
cannot be denied based solely on the fact that an individual has had mental
health treatment. When a person is investigated for a clearance, the security
form (SF86/EPSQ) does require them to list the treatment and sign an Authorization
for Release of Medical Information. The adjudicative process ensures that
each case is evaluated on its own merits.
QUESTION: My question pertains to filling
out the SF86 for a Top Secret (TS) clearance. In 1993, I was convicted
for Assault in the 2nd Degree, placed in a detention center for three months
and released early for good behavior. Since that time, I haven’t had as
much as a speeding ticket. I’ve done nothing but good things in the community
since that date. Will I be denied a TS clearance for my juvenile misconduct?
ANSWER: DSS conducts background investigations
on individuals who are being considered for a security clearance. DSS does
not make the decision whether a clearance will be granted or denied. Instead,
we provide the investigation to the adjudicative body which will make the
decision (Army, Navy, Airforce Central Adjudication Facilities, etc.).
Some general information about the clearance process that might help you
understand it better is provided below:
An adjudicator, a person trained in the process
of reviewing and evaluating security clearance information, will review
the results of your investigation and compare it to established qualifying
criteria for being given access to classified national security information.
This criteria instructs the adjudicator to consider the whole person (i.e.,
both favorable and unfavorable information) in making the clearance decision.
The adjudicator considers the following factors when evaluating an individual’s
conduct:
2) The circumstances surrounding the conduct,
to include knowledgeable participation
3) The frequency and recency of the conduct
4) The individual’s age and maturity at the time
of the conduct
5) The voluntariness of participation
6) The presence or absence of rehabilitation and
other pertinent behavioral changes
7) The motivation for the conduct
8) The potential for pressure, coercion, exploitation,
or duress; and
9) The likelihood of continuation of the conduct Naturally, each case is judged on its own merits
and final determination remains the responsibility of the specific department
or agency. Any doubt as to whether access to classified information is
clearly consistent with national security will be resolved in favor of
the national security.
You should be aware that answering all of the
questions on the SF86 accurately is very important, because it is taken
as evidence of your reliability and honesty. Indeed, if your clearance
would not otherwise be denied, it could still be denied if it is discovered
that you attempted to conceal information about yourself. It is also possible
that even if your clearance were granted, it could later be revoked if
dishonesty on the forms is later discovered.
QUESTION: When a cleared individual is
accused of having committed a felony, does this trigger a review of the
person’s security clearance?
ANSWER: There is a continuing evaluation
requirement for all personnel holding security clearances. DoD regulations
require the military services and DoD agencies to establish security programs
so that supervisory personnel know their responsibilities in matters pertaining
to the cleared individuals under their supervision. Such programs provide
practical guidance as to indicators that may signal matters of possible
concern which would call into question whether it is in the best interests
of the country for an individual to continue to hold a security clearance.
Each service and agency provides supervisors with specific instructions
regarding reporting procedures (for adverse information). Facility Security
Officers (FSOs) are also obligated under the NISPOM to report adverse information
on cleared employees. If considered necessary, on review of the reported
information, the appropriate authority can request an investigation to
determine whether that individual’s clearance should be removed. In cases
of grave concern, a clearance can even be suspended pending the results
of the investigation.
Whether a specific incident would be reported
promptly to clearance adjudicative personnel, and whether it would then
result in an investigation, and possibly a clearance revocation, would
depend on a number of factors. These would include: who is aware of the
incident, the seriousness of the incident, whether previous incidents were
a matter of concern in the past, and whether the incident relates to areas
considered to be of concern for persons holding a security clearance. Incidents
that are not immediately investigated may also be noted and explored later
when that individual undergoes a routinely scheduled Periodic Reinvestigation.
Information relating to the following issues may be considered significant
in relation to holding a clearance:
b) Foreign Influence
c) Foreign preference
d) Sexual Behavior
e) Personal Conduct
f) Financial Considerations
g) Alcohol Consumption
h) Drug Involvement
I) Emotional, Mental and Personality Disorders
j) Criminal Conduct
k) Security Violations
l) Outside Activities
m) Misuse of Information Technology Systems QUESTION: I am a technical recruiter. My
facility has a job opening for someone with a Sensitive Compartmented Information
(SCI) security clearance which involves an investigation by your organization.
I am trying to get some details on this clearance. I am running into military
personnel with various degrees of clearance and do not know if they are
qualified for the clearance stated above. What can you tell me?
ANSWER: The NISPOM does not say anything
about a contractor requiring a prospective employee to hold a specific
clearance before hiring them for a job. However, 2-204 of the NISPOM specifically
requires contractors to include the following statement in employment advertisements
for positions requiring access to classified information:
"Applicants selected will be subject to a government
security investigation and must meet eligibility requirements for access
to classified information." As long as a written commitment for employment
has been made by the contractor that prescribes a fixed date for employment
within the ensuing 180 days, and the candidate has accepted the employment
offer in writing, the security clearance investigation request may be submitted
by the contractor prior to the date of employment. This should allow the
candidate (if previously uncleared or with no transferable clearance) to
begin the clearance process in an expeditious manner and decrease or eliminate
any down time (time spent waiting to be cleared before being allowed to
work).
It should also be noted that the security officer
of a cleared contractor may contact DSS Customer Support (1-888-282-7682)
to verify clearance information an applicant has provided to them as a
potential employer.
QUESTION: What is the investigative process?
ANSWER: A PSI consists of one or more of the following inquiries:
These inquiries are performed by one or more investigators who work in the geographic area where the information is to be obtained. NACs, however, may be performed electronically from a central location.
QUESTION: Can you look at any record about me?
ANSWER: DSS can look at records that are relevant to the guidelines within the PSI program. When you fill out the required security forms and sign a general release statement, DSS will then have the authority to conduct your PSI.
Some records are public information and do not require a specific release. However, you will be asked to sign a specific release statement during the subject interview if DSS is required to check creditor or medical records on you.
QUESTION: Why me?
ANSWER: You should only be subject to a PSI if you will have access to classified information or be assigned to a sensitive position or a position of trust. If you believe that your job does not or will not involve this level of access, you should discuss the situation with your security officer or the investigator during your subject interview.
QUESTION: What safeguards are in place to ensure accuracy?
ANSWER: All personnel involved in the PSI or adjudication process must meet the highest standards of integrity and personal conduct. All information received during
the course of a PSI is scrupulously protected under the Privacy Act of 1974 and other applicable laws and statutes of the United States.
QUESTION: Do I have to be interviewed?
ANSWER: Subject interviews are an integral part of most PSIs conducted by DSS. Your participation is completely voluntary. However, without the interview, DSS will be unable to conduct a thorough investigation on your background and an adjudicator may not be able to determine your suitability to access classified information or be assigned to a sensitive position or position of trust. As a result, you may be denied a security clearance or an appointment to a sensitive position.
QUESTION: What will I be asked at the interview?
ANSWER: The objective of the subject interview is to obtain a complete picture of you as an individual so that an adjudicator can determine whether you will be able to cope with having access to classified or sensitive information without becoming a security risk. Therefore, the interview will be wide-ranging and cover most aspects of your life.
During the subject interview, expect to be questioned about your family background, past experiences, health, use of alcohol or drugs, financial affairs, foreign travel, and other pertinent matters. Remember, all these questions are asked for a purpose. The
investigator is experienced in conducting these interviews. It is unlikely that anything you say will cause him or her shock or surprise. Be as candid as possible. The investigator will try to put you at ease if you become upset or uncomfortable. It is in your best interest to answer the investigator's questions in order for an adjudicator to reach a valid decision on your suitability to access classified information or be appointed to a sensitive position or position of trust.
QUESTION: I'm tempted to keep quiet about something in my past and hope no one finds out.
ANSWER: If you conceal information on your security form or during your subject interview, an adjudicator may determine that you are unreliable and dishonest. In fact, your clearance could be denied for withholding information or for purposely lying, even though what you were seeking to conceal would not have resulted in an unfavorable clearance determination.
Even if you obtain a clearance or are assigned to a sensitive position or position of trust, the initial adjudicative decision could be overturned at a later date when it is revealed that you lied or concealed information during the PSI. Federal agencies generally fire or disqualify employees who have materially and deliberately falsified such information. In addition, if you knowingly and willfully make material false statements during a PSI, you may be subject to prosecution for violating Title 18, U.S. Code, section 1001.
Industrial Security Letter
(ISL) Concerns
Approved Classified Containers
QUESTION: I would like to know when a decision
will be made regarding the disposition of Form 312s contractors have in
their active and terminated files. As I recall, when the requirement to
send the 312s to DISCO after briefing an employee was made, contractors
were informed that there would soon be guidance as to the disposition of
existing 312s. Can you give me an update?
ANSWER: The original plan was to incrementally
ask contractors to send the Defense Industrial Clearance Office (DISCO)
the SF 312s which were contained in their active and terminated files.
However, it was later decided that implementation of this plan would be
too much of a burden on large contractors and DISCO . Consequently,
contractors are just being asked to send DISCO the SF 312s upon receipt
of the Letter of Consent and when the individual’s employment is terminated.
As more employees terminate, the inventory of 312s held by contractors will
go down gradually. However,contractors who so desire can send DISCO their
inventory of 312s at any time.
QUESTION: I found the NISPOM on-line.
While it has been helpful, my Facility Security Officer (FSO) has handed
me a portion of the NISPOM Supplement. This document seems more stringent
and gives greater guidance in what should be done for the Automated Information
Systems Security Plan (AISSP). Which document should I follow?
ANSWER: The answer depends on what contracts
you have or expect to have. The NISPOM provides security requirements,
procedures and options for Confidential, Secret, and Top Secret (TS) collateral
classified information, while the NISPOM Supplement provides enhanced security
requirements, procedures and options for Critical Restricted Data (RD),
Special Access Programs (SAPs) and Sensitive Compartmented Information
(SCI). If you don’t have contracts that require the supplement, only implement
the requirements of the NISPOM.
QUESTION: "For Official Use Only" (FOUO)
was mentioned in the Industrial Security Manual, but where is it located
in the NISPOM?
ANSWER: The NISPOM is driven by classified
information which falls under the cognizance of Executive Order 12958.
At the time the NISPOM was written, there was a conscious decision to leave
out references to FOUO. FOUO is a marking for unclassified information
and falls under the cognizance of the Freedom of Information Act. Guidance
on the use of FOUO information should be provided by the contracting government
agency that has cognizance over the material.
QUESTION: Concerning NISPOM 1-302, how
does DSS define "adverse information" these days?
ANSWER: The following definition may be
found on page C-1 (definitions) of the NISPOM:
"Adverse Information: Any information that adversely
reflects on the integrity or character of a cleared employee, that suggests
that his or her ability to safeguard classified information clearly may
not be in the interest of national security."
QUESTION: Are the August 1997 changes to
the NISPOM on your website incorporated into the manual on your website?
ANSWER: Good question! Yes. DSS attempts
to ensure that the changes we bring to your attention on the website are
also incorporated into the main publication maintained on the website.
QUESTION: The 97-1 Industrial Security
Letter (ISL) authorized Federal Express Service within the Continental
United States. Does that include Alaska and Hawaii?
ANSWER: Federal Express may be used for
Hawaii and Alaska provided there are no stops at foreign ports (water or
air) while in route. You will need to coordinate with Federal Express prior
to shipping. You should document this coordination for your records.
QUESTION: What are the procedures for obtaining
Letters of Consent (LOC) and getting the status of personnel clearance
actions from the internet? Is there something in writing I can go to find
these procedures, or was I just dreaming that we had this capability now?
ANSWER: No, it’s not a dream. Just go to
https://sclient.dss.mil/ (or
access through the EPSQ area of the DSS website). The site will
explain how to register.
QUESTION: One division of our company is
a professional staffing agency. A client company which performs classified
work for the federal government has approached us to try to find personnel
to work for them. They would like these temporary employees to have security
clearances. If we find personnel who have clearances and these people only
work within our customer’s cleared facility and never work on this site,
we do not believe we need to be a cleared facility. Do we have to be a
cleared facility for those temporary employees who would only do work at
our customer’s cleared facility? We would never do any classified work
ourselves or allow any classified work to be performed on our company premises.
ANSWER: The question above demands more
information be provided in order to receive a correct answer. Depending
on the answers to such questions as: Does your company have a facility
clearance? Has the classified contract been issued directly to the client
company, or to the home office of the client company? The following options
may exist:
a) If the classified contract is issued to the
client company and the client company already has a facility clearance,
they can hire the temporary employees as permanent and process them for
personnel clearances under their Contractor and Government Entity (CAGE)
Code.
b) If the client company does not have a facility
clearance, they will need to be processed for one in order to perform on
the classified contract. The activity issuing the classified contract must
sponsor the client company for a facility clearance to Defense Security
Service, Operations Center - Columbus.
c) If the client company is cleared or once they
have been processed for clearance, and they do not want to hire the temporary
employees as permanent, they would have to issue a subcontract to your
company. Your company would have to be processed for a facility clearance
in order to request and maintain personnel security clearances.
The bottom line is that someone within your organization
would have to have a facility clearance in order to support the classified
contract (i.e., a contract involving access to classified information)
and the associated personnel clearances. A company cannot maintain the
clearance of an individual if it is not cleared. This is particularly true
if the individual was hired off the street or from another company. Once
the person leaves the place of employment where that individual was originally
cleared, the clearance is terminated. If the clearance is required at their
next place of employment, the hiring company must request that the clearance
be transferred to their CAGE Code, provided the new company has a facility
clearance.
QUESTION: I am interested in obtaining
any information you may have on approved classified waste containers (similar
to Mosler’s badge repository safes, only on a larger scale with a slot
for personnel to deposit up to Top Secret (TS) for later destruction).
There may not be such a thing, as I have not had any luck on my own. If
there is such a container on the market, can you please provide information?
ANSWER: At this time, there is no such
GSA approved container on the market.
QUESTION: Do you have an electronic copy
of Executive Order 12356 and US Code 5, Section 522a? I am trying to collect
copies of all the Standards that are outlined on the SF 312 so we have
clean copies and all in one place. The above are the only ones I am missing.
ANSWER: Executive Orders may be accessed
at http://www.whitehouse.gov/search
and US Codes can be had at http://www.law.cornell.edu/uscode/
CLEARANCE RECIPROCITY
back
CITIZENSHIP REQUIREMENTS FOR
CLEARANCES
back
REQUEST FOR CLEARANCE/INVESTIGATION
back
CLEARANCE ELIGIBILITY (ISSUES/NON-ISSUES)
a. A history of not meeting financial
obligations
a. The behavior was not recent
1) The nature, extent and seriousness
of the conduct
a) Allegiance to the U.S.
back
INVESTIGATIVE PROCESS
INDUSTRIAL SECURITY PRACTICES
AND PROCEDURES
Form 312 Disposal
FORM 312 DISPOSAL
back
NISPOM CONCERNS
back
ISL CONCERNS
LETTERS OF CONSENT
FACILITY CLEARANCES
APPROVED CLASSIFIED WASTE CONTAINERS
OTHER GOVERNMENT PUBLICATIONS
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