Security Clearance Responses And Appeals

If your security clearance application is denied or withdrawn, you can appeal the decision by submitting a written response or requesting a personal appearance:

Receive the Statement of Reasons: The rejecting authority will provide a written document outlining the reasons for the denial.:

Submit a written response: Respond to the denial letter within the time period specified in the document.

Request a personal appearance: Appear before an Administrative Judge (AJ) to explain your case, submit supporting documents, and present witnesses.

Receive the File of Relevant Materials: After receiving your rebuttal, the Defense Office of Hearings and Appeals will send you a File of Relevant Materials.

Provide a written response to the File of Relevant Materials: Respond to the File of Relevant Materials in writing.

Receive the final decision: The PSAB will notify you and explain why.

Responding to the Statement of Reasons

When federal employees, military personnel, or government contractors receive a Statement of Reasons or SOR concerning their security clearance, it is essential to take the matter very seriously. The SOR is the basis for the government’s security concerns with a security clearance holder and is the starting point for an employee’s security clearance defense. If the SOR is not responded to appropriately or in a timely fashion, the employee runs the risk of potentially losing their security clearance. It is crucial to retain counsel early in the SOR response process to attempt to resolve a case early.

Statement of Reasons – Initial Processing

The Statement of Reasons, or SOR, is the core of the security clearance process for federal employees and government contractors. Generally, a SOR should be thought of as the allegations that the government is making against an employee that would make them unfit to be granted or to continue holding a security clearance. Generally, for federal employees, the SOR or Statement of Reasons is provided by the relevant government agency’s local security office, and the federal employee may or may not also be briefed on the upcoming security clearance process. For example, for Department of Defense (DoD) employees, the SOR will be processed through the Defense Counterintelligence and Security Agency (DISA). Suppose further proceedings are required after the initial answer to the SOR. In that case, they will generally move to the Defense Office of Hearings and Appeals (DOHA) and/or the component’s security appeals board.

For government contractors, the issuance of the SOR is followed by processing through the individual government agency’s adjudication facility in conjunction with the government contractor’s Facility Security Officer (FSO). The SOR is usually then reviewed by the government agency’s adjudicators. For example, if the DoD holds the government contractor’s security clearance, the DCSA would send the SOR to the contractor with instructions for responding. The contractor then initially responds. Should further processing be required after this response, the SOR will be referred to DOHA and an administrative judge for a final decision.

Sample Statement of Reasons

The Statement of Reasons or SOR that is issued will list, to varying degrees, the security concerns at issue and the security guidelines involved. The following is an example of a Statement of Reasons issued to a federal employee:

The process of appealing security clearance denial is very different from appealing criminal & civil rulings, so it will be necessary to hire a lawyer who is well aware of these differences and is fully capable of handling this type of case.

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During the appeals process, the Appeals Board will evaluate the original hearing to ensure that the judge adhered to Executive Order procedures. If the security clearance appeals board finds the judge’s decisions arbitrary, contrary to the law, or capricious, the board may reverse the judge’s original order.

Skilled Attorneys Appealing Security Clearance Denials

The best thing you can do to ensure a security clearance appeal is to retain the services of an experienced security clearance attorney early in the security clearance application process. Your lawyer will protect your rights, look out for your best interests during all phases of the adjudication, including the appeal, and will fight hard to obtain a favorable outcome in your case.