OTHER FEDERAL AGENCY CIVILIAN PERSONNEL CASES
These cases involve the denial or revocation of a security clearance to civilian employees of, and contractor employees for, other federal agencies (i.e., not DoD; e.g., Department of Homeland Security [DHS], Department of Justice [DoJ], Department of State [DOS], NASA, Department of Energy, CIA). Similar to those cases involving DoD military and civilian personnel cases, these cases typically begin with a Letter of Denial (LOD) or Letter of Intent (LOI) to deny the security clearance. The Letter of Denial must be responded to within a specified time period, normally within 10 days of receipt. The case will then be set for an appearance or hearing before an Administrative Panel. While there are clear distinctions between the use of the terms “appearance” and “hearing” within DoD, those distinctions are less clear when dealing with non-DoD federal agencies.
Each agency establishes its own administrative “procedures” for these panels, while still relying upon the same “substantive” “guidelines” from DoD Directive 5220.6 for determining disqualifying and mitigating criteria in making the ultimate security clearance determination. By way of examples, Federal Air Marshals (FAMs) of the Transportation Security Administration (TSA) of DHS appear before a “security appeals panel;” Alcohol, Tobacco and Firearms (ATF) employees of DoJ appear before an “access review committee,” and DOS has three different procedures under the guidance of their office of Personnel Security Suitability: 1) Foreign Review Panel – for foreign service personnel, 2) Personnel Review Panel – for civil service personnel, and 3) Contractor Review Panel – for contractor personnel. Comparable differences exist in the handling of the particular case, depending on the federal agency involved. For example: FAM, TSA, DHS employees appear before a panel where no witnesses are present, while at DoJ, the particular sub-agency involved, e.g., ATF, will be represented at the hearing and can question the employee during the hearing, though the employee is not entitled to call witnesses to the hearing. The appearance or hearing will be held at a place determined by the federal agency. Travel and per diem costs are determined by each agency. These appearances or hearings, again due to the limited nature of the evidence presented, require that the applicant’s case be prepared well in advance and with great attention to the documentary evidence to be presented.
REPRESENTATIVE CASES
THE LISTING OF SPECIFIC OR CUMULATIVE CASE RESULTS IN THIS WEBPAGE IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM.
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GUIDELINE F DENIAL - CLEARANCE GRANTED
Department of the Army contracted employee's Security Clearance eligibility and Sensitive Compartmented Information (SCI) access held in abeyance by the Army Central Personnel Security Clearance Facility (ACPSCF), pending resolution of a letter concern regarding allegations under Guideline F (Financial Considerations). The Law Firm of McCormack and McCormack was retained to assist employee with his response to ACPSCF. Result: successfully mitigated all concerns - clearance and SCI access granted.
THE LISTING OF SPECIFIC OR CUMULATIVE CASE RESULTS IN THIS WEBPAGE IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM.