NRO Security Clearance Process
Our security clearance attorneys represent government contractors and federal employees in the security clearance process at the National Reconnaissance Office (NRO). Each federal agency is different in evaluating security clearance issues, and the NRO is no different. The NRO introduces some unique concepts in their security clearance appeals process.
The NRO security clearance appeals process is initially governed by Executive Order 12698, which delegates clearance processing to individual federal agencies. Furthermore, as the NRO is part of the Intelligence Community (IC), it has other regulations to follow by the DNI. Lastly, the NRO has its own rules for handling security clearance appeals.
A. The NRO Clearance Process for Government Contractors
The security clearance process for government contractors at the NRO is a hybrid of the process used by the Department of Defense (DoD) but based on the same underlying clearance adjudication principles known as the adjudicative guidelines in SEAD 4. It is important to keep in mind that the NRO security clearance process is managed by their internal clearance appeals office. It is also important to understand that employees have the right to an attorney before the NRO during the stages of the security clearance appeals process.
The following are the most common steps in the NRO contractor security clearance process.
1. Notification of Revocation or Denial of Security Clearance or Upgraded Access
When an NRO clearance holder or applicant has a security clearance issue with the NRO, they will receive a notice of revocation or denial letter, usually sent by the NRO security staff, listing the security concerns at issue and other rights. The security concerns will usually be set forth briefly in a 2-3 page letter. The letter 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. The letter is similar to a Statement of Reasons (SOR) issued by other federal agencies.
There is a right to request a review of the decision. Additionally, there is a right to request the NRO Investigative File containing documents in the case. Individuals appealing the NRO decision will want to ensure that they make it known that they are seeking a Personal Appearance (PA) (a hearing) as well. Currently, these rights must be exercised within 45 days to be timely.
2. Receipt of the Investigative File
If requested, you will receive the NRO Investigative File before you have to draft the written response. You will be provided with documentation (or at least a significant portion of it) relied upon by the NRO in denying the request for security access. Some parts of the file may be redacted, but one can usually discern the issues that need to be addressed.
When the Investigative File is received, it is important to subsequently prepare and file a written response. In the response letter, if a PA has been requested, you will be reminded of two different options for a hearing: a PA or a Virtual Personal Appearance (VPA). The VPA follows a similar format, but travel for the hearing is not required.
3. Written Response to the NRO
Upon receipt of the Investigative File, the individual will generally want to provide a written response in preparation for the PA. It is usually important to provide these 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. Most written responses tend to be 10-15 pages in length, plus exhibits.
4. The Personal Appearance / Hearing
The next step in the NRO security clearance process is for the individual to present their response to the adjudicator during the PA or VPA. The lead adjudicator will be a senior government security officer. The NRO will notify you by letter about the PA hearing schedule. You should retain a security clearance lawyer to assist you with this presentation. These types of hearings typically take about an hour in length, but can last longer. The individual seeking to overturn the initial security clearance decision should be prepared to respond to the concerns at issue and also to potential questions by the adjudicator. The meeting will usually take place at the NRO Visitor’s Center or at another specified location. If the meeting is conducted virtually, the VPA will be heard by telephone.
5. Second Step Appeal Available
Following the PA or VPA, 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. The second step appeal is adjudicated by a panel of at least 3 senior security officers. This stage is in writing only and the appeal must be submitted within 30 days of the receipt of the denial. Their is no in person aspect to the second step appeal.
6. Final Clearance Decision and Next Steps
Once the second step review is completed, the panel will issue a final decision. If unfavorable, then the individual will not be able to apply for a security clearance through NRO for one year. Keep in mind that at any point in this process, the individual can withdraw their appeal before a decision is rendered. If the process has gone on for some time (1-2 years), it is not uncommon for an individual to file their response and even attend the PA or VPA and subsequently withdraw their appeal. The purpose behind doing so is to ensure that your side of the story is placed in the record and not have to wait for a final decision before reapplying.
B. The NRO Clearance Process for Federal Employees
The NRO security clearance process for federal employees is similar to that for government contractors. However, there are some differences. For instance, if an NRO federal employee has their security clearance revoked, it can lead to a removal from their federal employment before their appeal is complete. This is different from many other federal agencies. While the NRO will generally allow an individual to continue appealing their security clearance denial, even if removed, they may be without a position to return to if they are successful. In many ways, government contractors have more rights in this regard than NRO employees. Additionally, the security clearance process for NRO federal employees appears to run more quickly than that for government contractors, which takes longer.
Contact Us
When an individual is facing security clearance issues at the NRO 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 here or by telephone at (703) 668-0070.
