-
The Statement Of Reasons
- December 3, 2015
- Posted by: William Henderson
- Category: Clearance Procedures
No CommentsWhen the security clearance investigation of a contractor employee is completed by the Office of Personnel Management (OPM), the investigative file, which is called a Report For Adjudication (RFA), is sent to the Industry Division (Division A) of the DOD Consolidated Adjudications Facility (DOD CAF). If the RFA is for a Secret clearance and does not contain any potentially disqualifying information, the RFA can be favorably adjudicated by computer (eAdjudication) and the clearance can be granted without any further review…
-
What If I Don’t Want A Hearing?
- December 3, 2015
- Posted by: William Henderson
- Category: Clearance Procedures
Most defense contractor applicants for security clearance*, who receive a Statement of Reasons (SOR), have the choice of requesting a hearing before a Defense Office of Hearings and Appeals (DOHA) Administrative Judge (AJ) or requesting that an AJ make a decision based solely on the written record without a hearing. The applicant must submit a written response to the SOR in order to choose one of these options. Failure to respond to the SOR within the prescribed time results in automatic clearance denial or revocation and forecloses any right to an appeal…
-
THE DOHA HEARING
- June 28, 2015
- Posted by: William Henderson
- Category: Clearance Procedures
In an article, “DOHA Pre-Hearing Process,” I wrote about what happens after a contractor applicant receives a Statement of Reasons (SOR) explaining why the Government intends to deny or revoke their clearance. That article covers the process and events up to the Defense Office of Hearings and Appeals (DOHA) hearing…
-
DOHA PRE-HEARING PROCESS
- June 28, 2015
- Posted by: William Henderson
- Category: Clearance Procedures
Several years ago I wrote an article about “Rebutting and Appealing Security Clearance Denials.” Since then things have changed regarding federal contractor clearances, but much of the information in that article remains valid today. What has changed slightly is the adjudication process. In late 2012 the positions for staff adjudicators at the Defense Industrial Security Clearance Office (DISCO) and staff adjudicators at the Defense Office of Hearings and Appeals (DOHA) were transferred to the Industry Division of the DOD Consolidated Adjudications Facility (DOD CAF)…
-
CLEARANCE PROBLEM? — GET PROFESSIONAL HELP!
- June 28, 2015
- Posted by: William Henderson
- Category: Improving Your Chance of Success
Is it worth the expense to pay for professional assistance when facing security clearance denial or revocation?
Probability of Success
I reviewed 500 cases decided by Administrative Judges (AJs) at the Defense Office of Hearings and Appeals (DOHA) between March and October 2012. These cases showed that at the final stage of clearance adjudication, applicants with attorneys or personal representatives were granted clearances 60% more often than those who represented themselves (pro se). Yet only 20% of applicants chose to be represented by an attorney…
-
Changes to Interim Secret Clearance
- March 15, 2015
- Posted by: William Henderson
- Category: Policy & Standards
July 28, 2014
For close to two years the Defense Security Service (DSS) has been advising stakeholders about an upcoming change to how interim Secret clearance decisions will be made. It seems that they are now only a few months away from implementation.
An interim Secret clearance is “based on the completion of minimum investigative requirements.” It is granted on a “temporary basis, pending the completion of the full investigative requirements” for a Secret clearance and the adjudication of that investigation. The minimum requirements for interim Secret clearance for defense contractor personnel are the submission of a request for a National Agency Check with Law and Credit (NACLC) and the favorable review of the applicant’s Questionnaire for National Security Positions (Standard Form 86—SF86) and applicable security databases…
-
2014 Security Clearance Year in Review
- March 15, 2015
- Posted by: William Henderson
- Category: News & Updates
January
Interim Clearances—The Under Secretary of Defense for Intelligence (USD-I) issued a memorandum with an effective date of February 1, 2014, regarding new minimum standards for interim secret clearances. Actual implementation may take more than a year. More information about this change is available at an article on interim clearances…
-
Periodic Reinvestigations For Public Trust & Security Clearances
- October 21, 2013
- Posted by: William Henderson
- Category: Policy & Standards
On November 9, 2011 the Office of Personnel Management (OPM) published its final rule on changes to Title 5 Code of Federal Regulations Part 731 (5 CFR 731), “Suitability.” The new rule went into effect on December 9, 2011.
The major change to 5 CFR 731 is the requirement to conduct period reinvestigations (PR) on all covered Public Trust (PT) positions. A covered position is defined as “a position in the competitive service, a position in the excepted service where the incumbent can be noncompetitively converted to the competitive service, and a career appointment to a position in the Senior Executive Service.” Agency heads are required to “designate every covered position within the agency at a high, moderate, or low risk level as determined by the position’s potential for adverse impact to the efficiency or integrity of the service.” PT positions are those at the high and moderate risk levels…
-
Security Clearance Help: Who Needs It?
- October 21, 2013
- Posted by: William Henderson
- Category: Improving Your Chance of Success
Many people who find themselves filling out a Standard Form 86 (SF86), “Questionnaire for National Security Positions,” know little about the security clearance process and have a vague understanding of what might affect their eligibility to receive a clearance. Some will scour the internet looking for information. Others will rely entirely on the guidance provided by their sponsor’s security officer, however thorough or limited it might be. Few seek the assistance of a security clearance consultant or attorney…
-
Aaron Alexis: Security Clearance Failure?
- October 17, 2013
- Posted by: William Henderson
- Category: Special Issues
A lot has been reported during the past month about the failure of the federal security clearance process as it relates to Aaron Alexis, the Washington Navy Yard shooter who murdered 12 people on September 16, 2013.
What Was Known
The Navy granted Alexis a Secret clearance in March 2008 based on an NACLC background investigation. The Navy knew from the investigation that he failed to disclose on his clearance form a May 2004 arrest for malicious mischief in Seattle, WA for which he was never prosecuted. Alexis claimed the arrest occurred because he deflated another person’s car tires and that he didn’t disclose it on his clearance form because the charge was dismissed. He also had some previously delinquent debts, but he was in the process of repaying them…