International Students: Getting Doe Q Clearance

Security clearances are authorizations by the federal government that allow individuals to access classified or sensitive information. In the US, federal government agencies issue security clearances for certain employees and contractors. To receive security clearance, one must first apply to an open role that requires security clearance and then follow the government agency's direction to complete the appropriate application and investigation processes. Only US citizens who are at least 18 years of age are eligible for a DOE clearance. However, there may be exceptions for non-US citizens with unique skills or expertise.

Non-US citizens and security clearances

Generally, non-US citizens cannot obtain a security clearance. Executive Order 12968, Access to Classified Information, states that eligibility to access classified information may only be granted to US citizens.

However, there are exceptions. A Limited Access Authorisation (LAA) may be granted in rare circumstances where a non-US citizen possesses a unique or unusual skill or expertise that is urgently needed. The National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) outline the procedures for LAA, which may only be issued at the Secret level or below. Requests for non-US citizens to obtain access to classified information must include a Letter of Justification (LOJ) and be endorsed by the program's executive officer or the official responsible for the contract. The LOJ must be sent to the DSS (Defense Counterintelligence and Security Agency) or DCSA (Defense Counterintelligence and Security Agency) along with proof of foreign citizenship (passport), a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available).

The Department of Energy (DOE) issues Q and L access authorisations. Only US citizens who are at least 18 years of age are eligible for a DOE clearance. The DOE may investigate and consider any matter relating to the determination of whether access is consistent with national security interests. All individuals' initial and continued eligibility for security clearances are adjudged against the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information (National Guidelines).

For Sandia National Laboratories (SNL) employees, the Clearance Office must receive proof of US citizenship within three working days of the new-hire sign-in. For SNL subcontractors, the contracting companies are responsible for verifying the citizenship of their employees applying for a clearance.

Eligibility for access to classified information

The Department of Justice does not discriminate on the basis of race, colour, religion, sex, national origin, disability, or sexual orientation in granting access to classified information. However, the Department may investigate and consider any matter related to national security interests. No negative inferences can be raised solely on the basis of an employee's sexual orientation or mental health counselling.

An employee granted access to classified information may be investigated at any time to ensure they continue to meet the requirements for access. They must provide written consent permitting access by an authorized investigative agency to their financial records and other personal information.

All individuals' initial and continued eligibility for security clearances are adjudged against the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information (National Guidelines). The Department of Energy (DOE) may investigate and consider any matter that relates to the determination of whether access is consistent with the interests of national security.

Non-U.S. citizens cannot obtain a security clearance, except in rare circumstances where they possess a unique skill or expertise that is urgently needed. Requests for non-U.S. citizens to obtain access to classified information must include a Letter of Justification (LOJ), proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available).

The DOE Personnel Clearance Process

The Department of Energy (DOE) Personnel Security Program ensures that its missions are carried out in a secure environment by trustworthy individuals. A security clearance is an administrative determination that an individual is eligible for access to classified information. An access authorization is an administrative determination that an individual is eligible for access to particular types or categories of classified information or material.

The DOE issues five levels of clearances: Q Sensitive, Q, L, and two others. A Q clearance is required to access Top Secret Restricted Data, Formerly Restricted Data, and National Security Information, as well as Secret Restricted Data. A Q Sensitive clearance allows access to Special Nuclear Material (SNM) and an individual with this clearance could have access to nuclear weapons design, manufacture, or use data. The lower-level L clearance is sufficient for access to Secret Formerly Restricted Data (FRD) and National Security Information, as well as Confidential Restricted Data and other Formerly Restricted Data.

Only US citizens who are at least 18 years old are eligible for a DOE clearance. Applicants for and current holders of DOE L or Q clearances are subject to applicant, random, and “for cause” drug testing. New employees are subject to initial pre-employment background reviews (PEBR), even when a clearance is not required. Consultants are subject to pre-processing background reviews, unless they already possess a verifiable federal agency clearance.

The DOE security clearance process is overseen by the Department of Energy Office of Hearings and Appeals (OHA). The DOE's clearance program involves granting, continuing, and revoking clearances. The Office of Personnel Management (OPM) or the Federal Bureau of Investigation (FBI) conducts background investigations of applicants before granting a clearance. The DOE then reviews the results to determine whether applicants are trustworthy and eligible for a clearance. If the DOE decides not to grant a new clearance or revokes an existing one, the applicant or employee may ask for a review through the DOE's administrative review process.

Pre-employment background checks

There are several types of pre-employment background checks that can be performed, including criminal background checks, credit checks, driving record checks, employment verification, education verification, and professional license verification. Some companies also perform drug tests to ensure a safe and drug-free workplace.

In the US, for instance, the Department of Energy (DOE) issues Q and L access authorizations as part of its personnel clearance process. This process involves a personnel security investigation conducted by the Defense Counterintelligence and Security Agency (DCSA), the Federal Bureau of Investigation (FBI), or another authorized federal agency. Only US citizens who are at least 18 years old are eligible for a DOE clearance.

Non-US citizens cannot obtain a security clearance in the US, except in rare circumstances where they possess unique skills or expertise urgently needed and no current clearance holder is available.

Background screening providers like First Advantage and Sterling offer comprehensive background check services to help employers make informed hiring decisions. These services can include criminal background checks, verification of professional qualifications and licenses, and civil litigation and negative media searches.

The impact of drug use on access authorisations

Drug use can have a significant impact on an individual's ability to obtain and maintain access authorisations, particularly in the context of security clearances and sensitive information. The US Department of Energy (DOE), for example, requires individuals seeking access to classified information or materials to undergo a rigorous personnel security investigation, including drug testing.

The DOE issues Q and L access authorisations, which grant individuals access to specific types of classified information, such as National Security Information (NSI), Restricted Data (RD), Formerly Restricted Data (FRD), or Special Nuclear Material (SNM). To be eligible for a DOE clearance, individuals must be US citizens and at least 18 years of age.

Drug testing is a mandatory component of the DOE clearance process. Applicants for DOE L or Q clearances are subject to pre-employment drug testing, and current clearance holders are subject to random and "for cause" drug testing. This means that an individual's security clearance eligibility can be called into question if they test positive for illegal drug use or are found to be engaging in illegal drug use through other means.

The presence of drug use, whether casual or addictive, can raise concerns about an individual's reliability, judgment, and potential vulnerability to external influences. This is especially pertinent in positions requiring access to sensitive information or materials, where national security interests may be at stake. A positive drug test or indication of illegal drug use can lead to the denial or revocation of access authorisations, as it calls into question the individual's ability to handle sensitive information with discretion and integrity.

Additionally, under the Americans with Disabilities Act (ADA), individuals who are currently engaging in the illegal use of drugs are not considered individuals with a disability. This means that employers, including those in positions requiring access authorisations, are allowed to enforce rules prohibiting drug use and take action, such as denying employment or discharging employees, without violating the ADA. However, the ADA does provide limited protection from discrimination for recovering drug addicts who are no longer using and have been rehabilitated.

In summary, drug use can have a detrimental impact on an individual's ability to obtain and maintain access authorisations, particularly in the context of security clearances. The presence of illegal drug use can raise concerns about an individual's trustworthiness and reliability, leading to denied or revoked access to sensitive information or materials. Therefore, individuals seeking and maintaining access authorisations must be aware of the potential consequences of drug use and the importance of adhering to drug-free workplace policies.

Frequently asked questions