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SECURITY CLEARANCES and ACCESS LITIGATION

A security clearance is a determination by the U.S. government that a person or company is eligible for access to classified information. Although other U.S. government agencies issue security clearances, the Department of Defense (DOD) issues more than 80% of all clearances. DOD clearances are issued at one of three levels: Confidential, Secret and Top Secret. Government employees, defense contractors and their facilities apply for and receive either a Personnel Security Clearance or a Facility Security Clearance. The Defense Security Service (DSS), through the Defense Industrial Security Clearance Office processes and adjudicates Personnel Security Clearances and Facility Clearances for defense contractor personnel and defense contractor facilities.

Personnel Security Clearances
To gain access to classified information, individuals must apply for and be awarded a Personnel Security Clearance. The application requires an individual to disclose information about his or her background such as residence, education and employment history, family and friends, and foreign travel and associates. The applicant must also give information about drug and alcohol use, any arrests or civil court actions, military service, prior clearances, mental health counseling, and any activities and intentions to overthrow the U.S. government. If DSS denies the application, the individual may appeal the decision. For more information see DOD   DOE   DOS   DOJ   DOA

Facility Security Clearances
When a defense contractor wants to perform work that requires access to classified information and wants to use a non-government facility to do so, the contractor must apply for and be awarded a Facility Security Clearance for the proposed work site. The National Industrial Security Program’s Operating Manual (NISPOM) lays out the guidelines for contractor facilities to receive a clearance. The NISPOM requires that certain employees of the applying contractor obtain Personnel Security Clearance and that the contractor be mostly free from Foreign Ownership, Control or Influence. More