DIA Security Clearance Process
Our security clearance attorneys represent government contractors and federal employees in the security clearance process at the Defense Intelligence Agency (DIA). Each federal agency is different in evaluating security clearance issues and the DIA is no different. The DIA security clearance appeals process is initially governed by Executive Order 12698, which delegates clearance processing to the individual federal agencies. Lastly, the DIA has its own rules for handling security clearance appeals. These DIA rules are enforced by the Defense Intelligence Central Adjudication Facility (DICAF).
Background of the DIA Security Clearance Appeals Process
The security clearance process for federal employees and government contractors at the DIA is known as having more due process than most of the other Intelligence Community (IC) agencies. The process is more like the Department of Defense (DoD) process than other IC agencies. That said, the basic rules remain the same under the Executive Order and Security Executive Agent Directive 4 (SEAD 4).
The DIA security clearance process is managed internally by DICAF. Like many other federal agency security clearance processes, there can be some unique steps in the process. The typical steps in the DIA contractor security clearance process are as follows:
1. The Individual is Notified of Revocation or Denial
When an DIA clearance holder or applicant runs into security concerns, the DIA, usually after some review and followup in the investigation process, makes a decision. Either they accept the security concern as is and adjudicate it favorably or they issue a Notice of Intent to Revoke or Deny (also known as a Statement of Reasons (SOR)). This document will provide the security concerns at issue and other rights in a Memorandum.
The security concerns will be usually set forth briefly in a 2-4 page letter. The SOR will usually provide copies of the security guidelines at issue and a page entitled Information and Instructions for responding. The rights on review are set forth in some detail in the documents. There is a right to request a review of the decision.
2. Timely Request a Review and Personal Appearance
There is a right to request the DIA Clearance File containing documents in the case. Individuals appealing the DIA decision will want to ensure that they specifically request that they are seeking a Personal Appearance (hearing) as well. This is critical. Currently, these rights must be exercised within 10 days to be timely. Keep in mind that these deadlines have shifted over the years, so it is important to be read the SOR carefully.
3. Receipt of the Security Clearance File
If requested, you will receive the DIA Security Clearance File before you have to draft the written response. After your properly formatted request, you will be provided with documentation relied upon by the DIA in proposing to deny or revoke your security access. As opposed to some federal or IC agencies, the DIA does a fairly good job of explaining the specific security concerns at issue. This provides a better basis in which to respond. When the Clearance File is received it is important to subsequently file a written response and to prepare for the PA at the DIA. In the response letter, in a PA has been requested, you will be scheduled for a a hearing in due course.
4. Written Response to the DIA
Upon receipt of the Clearance File, the individual will generally want to provide a written response in preparation for the PA. It is usually important to provide supporting documents, in advance, to give the adjudicator time to review them in advance of the PA. The documents usually need to be provided within a sufficient time prior to the scheduled PA.
5. The Personal Appearance (PA) Hearing
The next step in the DIA security clearance process is for the individual to present their response to the adjudicators during the PA. We have represented individuals both in the DC and Reston locations for these purposes.
The DIA will notify you by letter about the PA hearing scheduling. You should retain a security clearance lawyer to assist you with this presentation. These types of hearings typically take about an hour or more in length. The individual seeking to overturn the initial security clearance decision should be prepared to respond to the concerns at issue and also for potential questions by the adjudicator.
The meeting will typically have a number of participants including a panel of individuals. There will likely be DIA counsel, a DIA psychologist and other adjudicators from DICAF. They will then issue a decision on the security access appeal following the PA.
6. Appeal to the DISAB
Following the PA, a written decision will be rendered. If the decision is unfavorable, the individual has the ability to appeal the decision to a second step appeal at the DISAB. The second step appeal is conducted by a panel of senior security officers. This stage is in writing only and must be submitted within 15 days of the receipt of the denial. It is important to note that you must also complete the election to appeal to the DISAB form within 5 days of receipt from the denial
7. Final Clearance Decision and Next Steps
Once the second step review is completed by the DISAB, the panel will issue a final decision. If unfavorable, then the individual will not be able to apply for a security clearance through DIA for one year. A DIA denial, in some cases, can affect a Department of Defense security clearance as well.
The DIA Clearance Process for DIA Employees
The DIA security clearance process for federal employees is different than that for government contractors that was described above. The dual nature of being employed and maintaining a security clearance causes the DIA to bring employment actions (removal) together with a security clearance revocation. If you do not succeed in the revocation action, a removal by DIA from federal employment will move forward and likely be upheld.
Contact Us
When an individual is facing security clearance issues at the DIA or before another federal agency it is important to obtain legal advice and potential legal representation. Our law firm advises individuals in the security clearance process. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.
