Trust Decision (Adjudications)

Trust Decision (Adjudications)

The Defense Counterintelligence and Security Agency (DCSA) is the primary entity for conducting personnel vetting for the Department of Defense (DOD). As a key component of DCSA's Personnel Vetting Directorate, Trust Decision (Adjudications) (TD(A)) is the sole authority responsible for determining the security clearance eligibility for most DOD personnel.

What is a Trust Decision

A trust decision is the outcome of the adjudication process. It is a comprehensive evaluation of vetting information to determine if an individual is suitable and eligible for a position of public trust. Trained and certified adjudicators apply national guidelines to assess a person's loyalty, trustworthiness, and reliability.

Using the "whole-person concept," they weigh all available information—past and present, favorable and unfavorable—to decide whether granting eligibility is in the best interest of national security.

This process applies to individuals seeking to perform work for or on behalf of the Executive Branch and determines their:

  • Suitability for government employment.
  • Eligibility for access to classified information.
  • Eligibility to hold a sensitive position.
  • Fitness to work as a contractor employee.
  • Eligibility for logical and physical access to facilities and systems.

The Modern Vetting Process

The personnel vetting landscape has been modernized to increase security and efficiency. The process has shifted from traditional periodic reinvestigations to a system of Continuous Vetting (CV).

  • Continuous Vetting: This process involves regularly reviewing a cleared individual's background through automated checks of criminal, financial, and other records. This system allows DCSA to identify and mitigate potential risks in near real-time, ensuring the ongoing integrity of the trusted workforce.
  • NBIS eApp: The process begins when a sponsoring agency initiates a request. The applicant then submits their personal information via the National Background Investigation Services (NBIS) eApp (electronic application) portal, which has replaced the legacy e-QIP system. 

There are three primary eligibility levels for access to classified national security information: 

Clearance Level Description
Top Secret (TS) For information whose unauthorized disclosure could cause exceptionally grave damage to national security. 
Secret (S) For information whose unauthorized disclosure could cause serious damage to national security. 
Confidential (C) For information whose unauthorized disclosure could cause damage to national security. 

Who We Serve

TD serves a broad customer base across the U.S. government, including:

  • All military service members and applicants
  • Department of Defense (DoD) civilian employees and consultants
  • Contractor personnel under the National Industrial Security Program (NISP)
  • Staff of the U.S. Senate and House of Representatives
  • Personnel at the Congressional Budget Office and the U.S. Capitol Police
  • Selected judicial staff
  • DOD personnel assigned to the White House

Key Determination Types

Determination Governed By Description
National Security E.O. 12968, SEAD 4  Determines if a person is able and willing to safeguard classified information and is eligible for a Confidential, Secret, or Top Secret security clearance. 
Suitability 5 CFR, Part 731  Pertains to a federal employee's character and conduct as it impacts the integrity and efficiency of government service. 
Fitness Agency-Specific Guidelines  A similar determination is made for contractor personnel and other non-federal employees working for or on behalf of the government. 

How the Adjudication Process Works

The adjudication process is based on decisions made by applying a standard set of adjudicative guidelines to an individual’s specific circumstances. Trained adjudicators assess an individual's loyalty, trustworthiness, and reliability and determine whether it is in the best interest of national security to grant the individual an eligibility for access to classified information or render a favorable suitability determination.

Whole Person Concept

  • The "whole-person concept" is the foundational principle used in security clearance adjudications. It means that no single piece of information, whether favorable or unfavorable, is the sole determining factor in a security clearance decision.
  • Instead, adjudicators must conduct a comprehensive and careful evaluation of an individual's entire life to determine if they are an acceptable security risk.

Adjudicators are trained to look at the totality of a person's conduct and character. This includes all available and reliable information, both past and present, positive and negative.

Mitigating Negative Information

The whole-person concept allows for the mitigation of potentially disqualifying issues.

For example, a past criminal record or financial difficulties do not automatically result in a denial.

Adjudicators will consider the context provided by the nine factors above. For instance, if an issue occurred when the applicant was young and immature, and they have since demonstrated a consistent pattern of responsible behavior, the concern may be mitigated.

Additionally, positive aspects of an individual's life are weighed against the negative. This can include:

  • A strong record of professional accomplishments and exemplary work performance.
  • Character references from supervisors, colleagues, friends, and community leaders.
  • Constructive community involvement in civic, social, or charitable organizations.

Ultimately, the decision to grant or deny a security clearance is a common-sense judgment based on all the evidence.

The process is designed to be fair and balanced, ensuring that any doubts about an individual's trustworthiness are resolved in favor of protecting national security.

The Due Process and Appeals Pathway

  • Initial Response and Personal Appearance: If initial vetting raises concerns, the individual receives a Statement of Reasons (SOR) outlining the issues. As of December 2024, the individual now has the right to not only provide a written rebuttal but also to request a virtual personal appearance before a DCSA Senior Adjudicator to present their case before a final decision is made. 
  • Appealing a Final Denial or Revocation: If, after the initial response and personal appearance, DCSA TD issues a final decision to deny or revoke eligibility, the individual may appeal. 
The appeal is managed by either the Defense Office of Hearings and Appeals (DOHA) for most contractor personnel or the Personnel Security Appeals Board (PSAB) associated with the individual's military service branch or component. 

Specific guidance for an appeal is provided in the final decision package.

Reconsideration

One year after a final denial or revocation decision (or one year from the date of a final appeal determination), an individual's employer may request a reconsideration. The individual must provide documentation showing that the conditions that led to the unfavorable decision have been resolved or mitigated.

Requesting Adjudicative Records

The DCSA Privacy, Civil Liberties, and FOIA (PCLF) Program handles requests for records. 

It is important to direct your request to the correct office:

  • For Adjudicative Records (e.g., security clearance eligibility determinations): Submit a request to the FOIA and Privacy Office for TD(A) in Fort Meade, MD. Use of the DCSA Form 335 is recommended. 
  • For Background Investigation Records (e.g., a copy of your SF-86): Submit a request to the FOIA and Privacy Office for Investigations in Boyers, PA. The DCSA Privacy, Civil Liberties, and FOIA Program is responsible for responding to Privacy Act requests for DCSA TD(A) Adjudicative records.

Additional Resources

SMO/FSO Guidance: The process is initiated by the servicing Security Management Office (SMO) or Facility Security Officer (FSO), who directs the applicant to the online NBIS eApp portal.

Related Policies:

Executive Order 12968: Access to Classified Information
Executive Order 10865: Safeguarding Classified Information within Industry
DoD Directive 5220.6: Defense Industrial Personnel Security Clearance Review Program
DoD Manual 5200.02: Procedures for the DoD Personnel Security Program