What is Defense Office of Hearing and Appeals?

The Defense Office of Hearings and Appeals is the largest component of the Defense Legal Services Agency. DOHA is comprised primarily of attorneys (Department Counsel), Administrative Judges, and administrative support personnel. It provides hearings and issues decisions in personnel security clearance cases for contractor personnel doing classified work for all DoD components and 28 other Federal Agencies and Departments and it conducts personal appearance hearings and issues decisions in security clearance cases for DoD civilian employees and military personnel. It also settles claims for uniformed service pay and allowances, and claims of transportation carriers for amounts deducted from them for loss or damage, as well as conducts hearings on a myriad of other issues. DOHA Administrative Judges also preside over “Personal Appearances” (similar to hearings) of clearance applicants appealing clearance denials or revocations by other divisions of DOD CAF.

Who are CAF and DCSA?

The CAF is the Consolidated Adjudication Facility which was recently subsumed by the Defense Counterintelligence Security Agency (DSCA).  DCSA is the primary agency responsible for adjudicating personnel security clearances.

Do I have to take a polygraph to be granted a clearance?

In order to be considered for Sensitive Compartmented Information (SCI) eligibility, an applicant must first be nominated for an SCI billet, complete a Single Scope Background Investigation (SSBI), and be approved by the government agency that controls the information. Since SCI encompasses several categories of compartmentalized information, Central Adjudication Facilities (CAFs) grant eligibility for access to SCI, and once this eligibility has been established, a person can be granted a special access authorization for a specific category of information within SCI. SCI access eligibility is divided into 3 sensitivity levels and each has a different investigative requirement:  SSBI w/o polygraph (poly); SSBI w/ CI Scope poly; and, SSBI full scope poly.

What is SAP (Special Access Program)?

A Special Access Program is a program established for a specific class of classified information that imposes safeguarding and access requirements exceeding those normally required for information at the same classification level.   SAPs are established only when the program is required by statute, or upon the finding of exceptional vulnerability of, or threat to, specific information, and if the normal criteria for determining access to information classified at the same level are insufficient.  SAPs use the standard levels of classified information: Confidential, Secret and Top Secret. SAPs also require an assigned nickname and/or codeword and identification of any special handling procedures. In simplest terms, a SAP is a classified program with enhanced safeguarding and access requirements.

How do I become eligible for a clearance?

A clearance cannot be granted merely because an individual wants to have one.  An individual must first be employed or offered employment by the government or other organization in a position that requires a clearance. 

What are the security clearance levels?

There are three basic levels of security classifications in the United States: confidential, secret, and top secret. These classification levels indicate the sensitivity of the information an individual is authorized to access.  A confidential clearance is the lowest level of security clearance, and is held by persons in positions requiring access to personnel files, trade secrets, or the like.  A secret classification and clearance is required for positions that require access to sensitive information related to national security, e.g., plans for military operations or intelligence-gathering activities.  A top-secret classification is the highest level of security clearance and is required for positions for access to information that is of utmost importance to national security, e.g., nuclear weapon design, intelligence activities, or national security decision making.  Additional access controls and limitations are increasingly common to further restrict access to compartmentalized information (CI) or access to information in Special Access Programs (SAPs)."

What is a security clearance?

The U.S. government grants individuals a security clearance when it determines the individual is eligible for access to classified national security information.  Classified information is information that has been designated by the government as requiring protection from unauthorized disclosure because its release could harm national security.  There are three basic levels:  Confidential, Secret, and Top Secret.  There are also various gradations where additional security is required.  Security clearances are granted to cleared individuals who are employed by the federal government, contractor companies, or others who provide services to the U.S. government and require access to classified information solely to their duties. To obtain a security clearance, applicants must be a US citizen able to obtain a security clearance, be sponsored by an organization to obtain the security clearance, fill out an Standard Form (SF) 86 (Questionnaire for National Security Positions) and then undergo a rigorous investigation process.

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