A security clearance is an official determination that an individual may access information classified by the United States Government. Security clearances are hierarchical; each level grants the holder access to information in that level and the levels below it. The clearance process requires a background investigation and the signing of a nondisclosure agreement. Access to any particular piece of information requires "need-to-know."[8] In some cases, this requirement is only nominal, as some classified information is widely published on secure networks. In other cases, there is a formal need-to-know determination. In addition to such a determination, Special Access Programs and Sensitive Compartmented Information may require additional investigation and adjudication of the prospective clearance holder.
Authority[]
The authority for classifying information and granting security clearances to access that information is found in executive orders (EOs) and Federal law. National Security Information (NSI) is classified under EO 13526. Information may be classified under this Order if a classification authority determines its unauthorized release could cause damage to the national defense or foreign relations of the United States. Information concerning nuclear weapons and fissile material may be classified under the Atomic Energy Act of 1954 (AEA). These clearances are only granted by the Department of Energy. The clearance process for access to NSI or AEA information is substantially aligned. Under EO 12968, the investigative and adjudicative guidelines for NSI and AEA clearances are identical. This enables reciprocity between NSI and AEA clearances, although some exceptions exist.
Executive Order 12968's standards are binding on all government agencies that handle classified information, but it allows certain agency heads to establish Special Access Programs (SAPs) with additional, but not duplicative, investigative and adjudicative requirements. The Intelligence Community's Sensitive Compartmented Information (SCI) control systems are a family of SAPs, and SCI eligibility must be granted prior to accessing any particular control system or compartment (which may require additional investigation or adjudication). SCI eligibility policy is described in Intelligence Community Directive 704 and its implementing policy guidance. Any additional clearance measures used by SAPs must be approved by the Office of Management and Budget, which has generally limited such measures to polygraphs, exclusion of persons with non-US immediate family members, requiring more frequent reinvestigations, and requiring annual updates to security questionnaires.[9]
Hierarchy[]
Main article: Classified information in the United StatesA security clearance is granted to an individual and generally recognizes a maximum level of clearance. Exceptions include levels above compartmentalized access or when an individual is cleared for a certain type of data. The President of the United States may be given access to any government or military information that he requests if there is a proper "need to know", even if he would not otherwise be able to normally obtain a security clearance were he not the President. Having obtained a certain level security clearance does not mean that one automatically has access to or is given access to information cleared for that clearance level in the absence of a demonstrated "need to know".[10] The "need-to-know" determination is made by a 'disclosure officer,' who may work in the office of origin of the information. The specified "need to know" must be germane to the prospective user's mission, or of necessity for the integrity of a specified security apparatus.
Controlled Unclassified[]
"Controlled Unclassified" does not represent a clearance designation, but rather a clearance level at which information distribution is controlled. Controlled Unclassified designates information that may be illegal to distribute. This information is available when needed by government employees, such as Department of Defense (DoD) employees, but the designation signifies that the information should not be redistributed to users not designated to use it on an operational basis. For example, the organization and processes of an information-technology system may be designated Controlled Unclassified to users for whom the operational details of the system are non-critical.
Public Trust Position[]
Despite common misconception, this designation is not a security clearance, and is not the same as the confidential designation. Certain positions which require access to sensitive information, but not information which is classified, must obtain this designation through a background check. Public Trust Positions can either be moderate-risk or high-risk.[11][12]
Confidential[]
This is hierarchically the first security clearance to get, typically requiring a few weeks to a few months of investigation. A Confidential clearance requires a NACLC investigation which dates back 7 years on the subject's record and must be renewed (with another investigation) every 15 years.
Secret[]
A Secret clearance, also known as Collateral Secret or Ordinary Secret, requires a few months to a year to investigate, depending on the individual's background. Some instances wherein individuals would take longer than normal to be investigated are many past residences, having residences in foreign countries, having relatives outside the United States, or significant ties with non-US citizens. Unpaid bills as well as criminal charges will more than likely disqualify an applicant for approval. However, a bankruptcy will be evaluated on a case-by-case basis and is not an automatic disqualifier. Poor financial history is the number-one cause of rejection, and foreign activities and criminal record are also common causes for disqualification. A Secret clearance requires a NACLC, and a Credit investigation; it must also be re-investigated every 10 years.[13] Investigative requirements for DoD clearances, which apply to most civilian contractor situations, are contained in the Personnel Security Program issuance known as DoD Regulation 5200.2-R, at part C3.4.2
Top Secret[]
Top Secret is a more stringent clearance. A Top Secret, or "TS", clearance, is often given as the result of a Single Scope Background Investigation, or SSBI. Top Secret clearances, in general, afford one access to data that affects national security, counterterrorism/counterintelligence, or other highly sensitive data. There are far fewer individuals with TS clearances than Secret clearances.[14] A TS clearance can take as few as 3 to 6 months to obtain, but often it takes 6 to 18 months. The SSBI must be reinvestigated every 5 years.[13] In order to receive TS clearance, all candidates must pass an oral interview.
Compartmented[]
As with TS clearances, Sensitive Compartmented Information (SCI) clearances are assigned only after one has been through the rigors of a Single Scope Background Investigation and a special adjudication process for evaluating the investigation. SCI access, however, is assigned only in "compartments". These compartments are necessarily separated from each other with respect to organization, so that an individual with access to one compartment will not necessarily have access to another. Each compartment may include its own additional special requirements and clearance process. An individual may be granted access to, or read into, a compartment for any period of time.
Such compartmentalized clearances may be expressed as "John has a TS/SCI", whereby all clearance descriptors are spelled out verbally. For example, the U.S. National Security Agency once used specialized terms such as "Umbra",[15][16][17] This classification is reported to be a compartment within the "Special Intelligence" compartment of SCI.[18] The various NSA compartments have been simplified; all but the most sensitive compartments are marked "CCO", meaning "handle through COMINT channels only".
The U.S. Department of Defense establishes, separately from intelligence compartments, special access programs (SAP) when the vulnerability of specific information is considered exceptional and the normal criteria for determining eligibility for access applicable to information classified at the same level are not deemed sufficient to protect the information from unauthorized disclosure. The number of people cleared for access to such programs is typically kept low. Information about stealth technology, for example, often requires such access.
