Pracite Areas Security Clearance Law

General Overview

Military Personnel and DoD Eployees

Civilian Defense Contractors

Small Businesses

Mr. Toney represents individuals seeking to obtain personal security clearances and in appeals against the denial of personal security clearances. Mr. Toney provides pre-application counseling for individuals preparing the required SF 86 and DD Form 1879 and for the pre-clearance investigative interview, which are vital stages in the initial process. Mr. Toney represents clients in security clearance matters involving the DoD, CIA, the Department of Homeland Security, the Department of Energy, and academia.

Mr. Toney also assists small businesses seeking to obtain Facility Security Clearances. In doing so, he utilizes the services of an award-winning consultant with over 25 years of personal and corporate experience with defense contracts and Facility Security Clearance procedures and requirements.

General Overview

Military personnel, civilian DoD employees, other government employees, and private government contractors are required to obtain security clearances before they can access and handle classified government information. A security clearance can be obtained only by application. All applicants for a security clearance must complete a detailed background questionnaire and undergo investigation.

Where an application for a security clearance is denied, or an existing security clearance is revoked, the affected service member, government, or civilian officer or employee has a number of procedural rights that allow him or her to challenge the negative decision. These procedural rights vary according to whether the affected individual is a service member, DoD or other government department employee, or private government contractor.

Military Personal and DoD Employees

For military personnel and DoD employees whose applications are denied, or whose existing security clearances are revoked, the first step in the process is the receipt of a notice or letter of intent to deny the requested security clearance. Typically, the individual must respond to the letter or notice of denial or intent to deny within 10 days. The normal course of action is for the case to be set for a hearing conducted by an Administrative Law Judge ("ALJ").

At the hearing, the service member or employee may be represented by counsel. There is no counsel for the government, and the hearing is not "adversarial." The service member or employee is allowed to submit evidence and to respond to questions from his or her legal counsel, and from the ALJ. The ALJ then issues a recommendation that is reviewed by the military department's security clearance appeal board. The board may accept or reject the ALJ's recommendation.

Civilian Defense Contractors

Different procedures apply to civilian contractors conducting business with the DoD (Industrial Security Clearances). The affected individual is provided with a Statement of Reasons ("SOR") for the denial of the security clearance. The SOR specifies the reasons for the denial. Within 20 days, the affected individual must file a response in which he or she denies or admits the specific allegations contained in the SOR. Sometimes an individual is asked to answer interrogatories and provide additional documentation before the SOR is issued.

Normally, after the affected individual responds to the SOR the matter is referred for hearing by an ALJ. At the hearing, the government is represented by counsel who participates in the hearing on the government's behalf. The affected individual has the right to present evidence, call witness, and cross-examine government witnesses during the hearing. The hearing is "informal" in that it is not governed by formal rules of evidence. The Federal Rules of Evidence, however, do serve as guidelines during the hearing.