Clearing contractor employees

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1. Who decides and when access is allowed

The National Industrial Security Program Operating Manual (NISPOM), 32 CFR part 117, gives the cognizant security agency (CSA) responsibility for deciding whether a contractor employee is eligible for access to classified information (32 CFR 117.10(a)(1)). The contractor must first decide that access is essential to perform tasks or services under a classified contract (32 CFR 117.10(a)(1)(i)). Access must also be clearly consistent with national security interests, in the CSA’s determination (32 CFR 117.10(a)(1)(ii)).

A contractor may give an employee access at or below the level of its own entity eligibility determination if the employee meets three conditions (32 CFR 117.10(a)(1)(iii)). The employee needs a valid need-to-know, a favorable government eligibility determination at the appropriate level, and a signed nondisclosure agreement.

2. Adjudication and notice

The CSA determines eligibility under Security Executive Agent Directive 4, the adjudicative guidelines, and notifies the contractor when eligibility is granted (32 CFR 117.10(a)(2)). It also notifies the contractor when eligibility is denied, suspended or revoked (32 CFR 117.10(a)(2)(i)). The contractor then immediately denies the employee access, wherever the employee is located (32 CFR 117.10(a)(2)(ii)). If the employee works at a government facility, the contractor tells the government contracting activity (GCA) of the denial, revocation or suspension (32 CFR 117.10(a)(2)(iii)).

3. Keeping requests to the minimum

Contractors keep their employees’ records accurate in the CSA’s designated system of record (32 CFR 117.10(a)(3)). Within a multiple facility organization or the same business organization, they may manage those records centrally (32 CFR 117.10(a)(4)). Requests are limited to the minimum number of employees and consultants needed for operational efficiency under contractual obligations (32 CFR 117.10(a)(5)). They may not be used to build a cache of cleared employees.

A contractor does not ask one CSA for a determination when it knows the applicant is cleared or in process with another CSA (32 CFR 117.10(a)(6)). Reciprocity under Security Executive Agent Directive 7 is used instead. The contractor gives the new CSA the person’s full name, date and place of birth, social security number, clearing agency and type of investigation.

Contractors request determinations only for their own employees or consultants, never for subcontractor employees (32 CFR 117.10(a)(7)). Access to Sensitive Compartmented Information, special access programs, Restricted Data and Formerly Restricted Data is decided by the government granting authority for each category (32 CFR 117.10(a)(8)).

4. Investigations

Executive Order 13467, as amended, designates the Security and Suitability Executive Agents, who set investigative standards for contractors (32 CFR 117.10(b)). One investigative tier covers moderate risk, non-critical sensitive positions with access at the L, CONFIDENTIAL and SECRET levels (32 CFR 117.10(b)(1)). Another covers high risk, critical sensitive and special sensitive positions with access at the Q, TOP SECRET and Sensitive Compartmented Information levels.

Investigators use automated record checks whenever possible (32 CFR 117.10(b)(2)(i)). Interviews, if required, cover areas of adjudicative concern (32 CFR 117.10(b)(2)(ii)). Information validated in a prior investigation that is not expected to change, such as an education degree, is not repeated (32 CFR 117.10(b)(2)(iii)).

Agencies with polygraph policies may require an examination when necessary, and the investigation may expand to resolve concerns that arise (32 CFR 117.10(b)(3)). When a GCA requires a financial disclosure form, the contractor ensures the employee can complete and submit it under the Privacy Act (32 CFR 117.10(b)(4)). Cleared employees follow CSA guidance on reinvestigation and continuous evaluation or vetting, and the contractor confirms the need for continued eligibility before starting a reinvestigation (32 CFR 117.10(b)(5)).

5. Proving U.S. citizenship

Each applicant who claims U.S. citizenship gives evidence of it to the facility security officer (FSO) or another authorized contractor representative, using originals or certified copies (32 CFR 117.10(c)). Citizenship by birth may be shown by a certified birth certificate bearing the registrar’s seal, an unaltered U.S. passport or passport card issued to the individual, or a Consular Report of Birth Abroad (32 CFR 117.10(c)(1)). A Certification of Report of Birth, Form FS-545 or DS-1350, also qualifies. Citizenship by certification or naturalization may be shown by a Certification of U.S. Citizenship, a Naturalization Certificate or a U.S. passport (32 CFR 117.10(c)(2)).

6. The SF 86 and fingerprints

The employee completes the electronic SF 86, the Questionnaire for National Security Positions, and the FSO or a specifically designated employee reviews it (32 CFR 117.10(d)). The reviewer tells the employee in writing that the review is only for adequacy and completeness, and that the information will be used for no other purpose within the entity (32 CFR 117.10(d)(1)). The reviewer does not share the information within the entity (32 CFR 117.10(d)(2)). Fingerprints are submitted under CSA guidance, digitally whenever possible (32 CFR 117.10(e)).

7. Pre-employment requests and the nondisclosure agreement

If a new hire needs access immediately on starting work, the contractor may submit the investigation request before employment begins (32 CFR 117.10(f)(1)). The contractor must have made a written commitment for employment, and the candidate must have accepted in writing. The commitment must state that employment will begin within 45 days of the grant of eligibility (32 CFR 117.10(f)(2)). Pre-employment requests remain subject to the rule on keeping requests to the minimum (32 CFR 117.10(f)(3)).

The nondisclosure agreement, such as the SF 312, is an agreement between the government and the individual (32 CFR 117.10(g)). The employee executes it before any access, signing and dating it in front of a witness on the same date (32 CFR 117.10(g)(1) and 32 CFR 117.10(g)(2)). The contractor sends it to the CSA for retention (32 CFR 117.10(g)(3)). If the employee refuses to sign, the contractor denies access and reports the refusal (32 CFR 117.10(g)(4)). Reciprocity, breaks in access and non-citizens are covered in clearance reciprocity, temporary eligibility and non-citizens.

Key terms

Need-to-know	A requirement for access in addition to eligibility and a signed agreement.
Investigative tier	A standard investigation level tied to position risk and access level.
SF 86	The Questionnaire for National Security Positions.
SF 312	The Classified Information Nondisclosure Agreement.
Cache of cleared employees	A pool of clearances the rule forbids building.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

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