Is social media a part of a background investigation?

As of 2016, federal agencies were authorized to and do now collect, use, and retain publicly available social media information for Personnel Security Background Investigations and Adjudications.  Subsequent to recent well-publicized events, DoD has been taking a more aggressive approach to monitoring social media posts by Service members, perhaps flagging "inappropriate" social media content similar to flags for financial trouble, criminal arrests or drug/alcohol problems.

What are the different types of polygraphs and for what purpose?

Within the context of security clearances, the purpose of a polygraph exam is to assist in determining whether or not an applicant can be trusted with sensitive information. Polygraph screening exams are governed by Security Executive Agent Directive 2 and Intelligence Community Policy Guidance 704.6. The exams are used to determine eligibility for special assignment or special access and are limited to two types of polygraph exams, and either one or both exams may be administered.  A Counterintelligence Polygraph is the most common type of polygraph exam. A Counterintelligence Polygraph asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of:  Espionage, Sabotage, Terrorist Activities, Deliberate damage of U.S. Government Information Systems Intentional compromise of U.S. Government Classified Information, Secret contact with a foreign national or representative, Unauthorized disclosure or  removal of classified information, etc.  A Lifestyle Polygraph asks the candidate questions concerning their personal life and conduct A Lifestyle Polygraph can also attempt to look for issues in a person’s private life for which they might be susceptible to blackmail or coercion. DoD Lifestyle Polygraph exam questions cover the following topics:  Involvement in a serious crime, Personal involvement with illegal drugs during the last seven years, Deliberate falsification of the security forms, etc.  A Full Scope Polygraph exam is a combination of both the Counterintelligence and Lifestyle polygraphs. Full Scope Polygraph exams are also known as Expanded Scope Polygraph exams.

What is a polygraph?

Polygraphs are instruments that measure physiological responses (respiration, pulse, blood pressure, and galvanic resistance) to stress. Among other purposes polygraphs are used to help determine an individual’s eligibility for a special assignment or access to specifically designated information protected within SAPs. They are not generally used for collateral security clearances, unless they are necessary to resolve serious credible derogatory information that cannot be resolved through conventional investigative means. Polygraph examinations are conducted as a supplement to, not as a substitute for, other forms of investigation that may be required under the circumstances. Polygraph exams are only administered by agencies with approved personnel security polygraph programs and these exams are only conducted by government trained and certified examiners.

What happens if my application is declined?

When a case contains significant unmitigated derogatory information, the adjudicator issues a “Letter of Intent” (LOI) to deny a clearance. The LOI is a preliminary, tentative decision and will contain a “ Statement of Reasons” (SOR) detailing the issues that are the basis of the decision. Some agencies issue a Letter of Denial with an SOR, but it is essentially the same as an LOI. The LOI contains instructions on how to request a copy of the investigative file on which the decision to issue the LOI was based.  Federal contractor personnel can submit a written rebuttal to the SOR and request a hearing. If the applicant doesn’t submit a rebuttal to the SOR, DoD CAF will deny the clearance. If the applicant rebuts the SOR without a hearing, DOHA sends the applicant a File of Relevant Material (FORM) that will be presented to an Administrative Judge (AJ) for a clearance decision based on the written record. The applicant can submit a written response to the FORM, which will also be presented to the AJ. If the applicant requests a hearing, the applicant (with or without an attorney or personal representative) may present witnesses and other evidence at the hearing. The applicant may also cross-examine witnesses and challenge evidence presented by the DOHA Department Counsel (an attorney representing DoD). The AJ makes a written decision and a copy is sent to the applicant. DOHA then grants or denies the clearance in accordance with the AJ’s decision. If the clearance is denied, the applicant is notified in writing and advised of their right to appeal the decision. It is possible that the DOHA Chief Department Counsel could grant the clearance after reviewing the applicant’s response to the SOR, thus obviating the need to present the case to an AJ.  DoD civilian employees and military personnel can submit a written rebuttal to the SOR, but they are not entitled to a hearing. If the applicant doesn’t rebut the SOR, DoD CAF will deny the clearance. If they submit a rebuttal to the SOR, the adjudicator will decide to grant or deny the clearance in light of information submitted in the rebuttal. If a decision is made to deny a clearance, the applicant is notified in writing of their right to appeal the decision, including a right to a “Personal Appearance” before a DOHA AJ.

What are the areas that get most applicants in trouble?

The areas identified in the Security Executive Agent Directives (SEADs 1 through 9) and the Adjudicative Guidelines that result in the most security clearance denials or revocations are those that involve potential foreign influence, drug/alcohol abuse, sexual behavior and financial considerations.

What should I disclose to the government?

You must answer all questions on the clearance application form truthfully and completely, but you do not have to volunteer unfavorable information that is not related to any of the questions on the form. Many clearance denials for financial problems, drugs, alcohol, and criminal conduct also involve intentional omission of relevant information and/or providing false information during the clearance process. Often the act of providing false information is more serious than the issues people try to hide. Passage of time is a major mitigating factor for all issues involving misconduct. Willfully providing false information on a clearance application or during a Subject Interview is a serious criminal offense and is very difficult to mitigate because of the recency of the offense. In other words, it is always a good practice to be upfront and honest on your SF86 and disclose all relevant information.

If my clearance is terminated, can it be reinstated?

Yes. If a person previously had a clearance and the investigation has not gone out-of-date, the clearance can be reinstated by the agency that originally granted the clearance or it can be accepted and reciprocally granted by a different agency, provided there hasn’t been a break-in-service of two years or more. This can be done without the individual submitting a new SF86; however, for clearances involving special access authorizations a new SF86 can be required if there has been a break-in-access of more than 60 days or if a polygraph examination is required. Under certain circumstances a clearance can be reinstated (recertified), if it is not more than 2 years out-of-date and a request for reinvestigation has been initiated.

When can security clearances be terminated or end?

A clearance is terminated when a person permanently leaves a position for which the clearance was granted. Cleared individuals who no longer require access to classified information, but who remain continuously employed by the same cleared contractor (or government agency) and do not anticipate future access can have their clearances administratively downgraded or withdrawn until such time that they require access again, provided their security clearance investigation has not gone out-of-date. Under such circumstances the clearance can be administratively restored.

How often are clearances reviewed and how long are they good for?

Generally, as long as cleared individuals remain employed by a cleared contractor or government agency and are reasonably expected to require access to classified information, their personnel security clearance will remain in effect, provided they comply with Periodic Reinvestigation requirements.  Currently reinvestigations are required at 5-year intervals for Top Secret clearances, 10-year intervals for Secret clearances, and 15-year intervals for Confidential clearances. As of 2021, DISA has successfully enrolled all DoD Service members, civilians and contractors with a security clearance - about 3.6M in a continuous vetting program, which will ultimately replace these periodic reinvestigations. The goal is that DoD personnel who do not have a security clearance will also be included in this continuous vetting under its trusted workforce, TW2.0 goal.

What authority does DOHA have?

Effective January 14, 2021, and to be implemented no later than September 30, 2022, DOHA will be the final adjudicating authority for all denied security clearances in the DoD. DOHA will no longer only provide advisory opinions to each of the Army, Navy and Air Force Personnel Security Advisory Boards (PSABs) for DoD civilians and Service members. Rather, the due process rights previously granted to only industrial employees (DoD contractors) will be granted to everyone in the DoD. DOHA will now be the final deciding authority on whether all DoD employees retain or have their clearances reinstated.