The Electronic Questionnaires for Investigations Processing (e-QIP) system is a web-based automated system that facilitates the processing of standard forms such as the SF-86. The e-QIP system allows the user to electronically enter, update, and transmit their personal data over a secure internet connection to a requesting agency.

When a person applies for a security clearance, typically they will fill out an e-QIP and provide information about their:

1. Family relationships, neighbors, roommates, and friends

2. Foreign contacts and affiliations

3. Work history

4. Military history

5. Criminal history

6. Drug and alcohol use

7. Mental health conditions

8. Prior residences

9. Travel history

10. Citizenships

11. Financial history

A designation that allows an individual to access to classified national security information.

No. Applicants must have a sponsor initiate the application process.

The agency, department or military branch that initiates the security clearance process on your behalf.

There are three levels of security clearance: confidential, secret and top secret.

Public trust and low risk/non-sensitive determinations are not security clearances. Public trust determinations are requested for applicants whose positions will require access to information at the high-risk or moderate-risk levels, based upon duties and responsibilities of the position. A public trust background investigation will include many aspects of a full security clearance investigation. Low-risk/non-sensitive determinations are requested for applicants whose positions have low-risk levels, based upon duties and responsibilities of the position.

Employees with security clearances are able to access classified national security information up to and including the levels of clearance that they hold, as long as, the employee has a “need to know” the information and signs a non-disclosure agreement

Federal agencies typically recognize other agencies investigations as grounds for granting security clearances in the future. These situations are governed by SEAD 7: Reciprocity of Background Investigations and National Security Adjudications. Significant changes in an employee or applicant’s life may cause an additional investigation or adjudicative requirements to be met.

An individual is normally subject to reinvestigation approximately every 5 years for a Secret or Top Secret clearance.

A security clearances is typically denied or revoked due to reservations concerning:

1. Allegiance to the United States

2. Foreign Influence

3. Foreign Preference

4. Sexual Behavior

5. Personal Conduct

6. Financial considerations

7. Alcohol consumption

8. Drug involvement

9. Psychological conditions

10. Criminal conduct

11. Handling protected information

12. Outside activities

13. Use of information technology systems

If your security clearance is denied or revoked, you will be issued a “Statement of Reasons” or a “Letter of Intent to Deny/Revoke Security Clearance.”

Statement of Reasons (“SOR”) and Letters of Intent to Deny / Revoke Security Clearances are the formal notification to the applicant or security clearance holder that their clearance is being denied or revoked because it is not consistent with the interests of national security. In other words, these letters are the initial denial of the clearance.

In most circumstances it is highly recommended that an individual request a security clearance hearing and hire an experienced security clearance attorney.

A security clearance hearing actually starts well before the hearing itself. In response to the Statement of Reasons (“SOR”) the individual (called the Applicant) has to admit or deny the allegations under the Security Clearance Guidelines that form the basis for the DOD CAF’s denial of the clearance. Any admissions or responses are deemed party opponent admissions and will be used at the security clearance hearing. So, if you admit, for example, that you used marijuana on several occasions in the response to the SOR, you cannot argue at the hearing that you did not use marijuana. While an individual must be truthful in responding to the SOR it is important that any defenses or mitigation be thoroughly reviewed before admitting or denying the allegations in the SOR.

There is also pre-hearing discovery. The Department Counsel is required to turn over all documents and witness information prior to the hearing. The Applicant has to do the same. The Applicant is solely responsible for gathering evidence and producing witnesses that are favorable to his or her case.

Many security clearance hearings are held now by a video teleconferencing platform. At the hearing, the Department Counsel will make an opening statement, present documentary evidence against the Applicant, and may call witnesses. The Applicant also gets to make an opening statement, present documentary evidence, and call witnesses. All witnesses are subject to examination by Department Counsel, the Applicant, and the Judge. After all evidence has been presented, the Department Counsel and the Applicant can make closing arguments. The Applicant and Department Counsel can make legal objections throughout the hearing to argument, exhibits, or testimony.

If the Applicant has a security clearance lawyer, the lawyer makes all opening and closing statements and objections and presents the Applicant’s case to the security clearance judge.

DOHA is the administrative body that holds hearings and issues decisions on security clearances for government contractors. A government contractor’s security clearance is reviewed by DOHA only if it is denied or revoked.

CAF is the administrative body that determines whether government employees and military members are eligible for security clearances.

DISS is the Defense Information System for Security. It replaced JPAS, the Joint Personnel Adjudications Systems, as the primary database regarding security clearances. DISS can be accessed by local security managers to determine a clearance holders’ status. DISS is also the mechanism by which security clearance managers submit incident reports and other information to DOD CAF for adjudication.