Seeking Information Regarding Security Clearance Incident Reports
Individuals holding or seeking a U.S. security clearance may discover that an unresolved security incident is affecting their eligibility for access to classified information. Whether you are a federal employee, military member, or government contractor, an unresolved incident report can delay a new job, suspend access, or trigger a security clearance review.
At Berry & Berry, PLLC, we regularly assist clients in obtaining government records that explain why a security concern exists and what steps should be taken to resolve it.
Understanding Security Clearance Incident Reports
Many individuals are familiar with the former Joint Personnel Adjudication System (JPAS). However, JPAS has been retired and replaced by the Defense Information System for Security (DISS), which now serves as the Department of Defense’s primary personnel security system. DISS supports security clearance eligibility, access determinations, incident reporting, and continuous vetting activities.
Security incidents may be reported by:
- Current or former employers
- Security officers (FSOs or Security Managers)
- Government agencies
- Law enforcement agencies
- Other authorized reporting officials
Incident reports can involve concerns relating to financial issues, criminal conduct, foreign contacts, personal conduct, misuse of information systems, substance abuse, or other matters relevant to the National Security Adjudicative Guidelines.
Why You Should Obtain Your Security Clearance Records
Many people first learn of an unresolved security concern when accepting a new position requiring a security clearance. A prospective employer or Facility Security Officer may simply inform the individual that there is an issue preventing the transfer or activation of their clearance without providing any meaningful details.
Before attempting to respond to a security concern, it is important to determine:
- What incident was reported
- When it was reported
- Which agency received the report
- Whether the information is accurate
- Whether the matter has already been adjudicated
Without these records, individuals may spend valuable time responding to incomplete or inaccurate information.
Obtaining Security Clearance Records Through the Privacy Act and FOIA
Our firm frequently submits requests under both:
- The Privacy Act of 1974 (5 U.S.C. § 552a)
- The Freedom of Information Act (FOIA) (5 U.S.C. § 552)
Depending on the circumstances, requests may need to be submitted to multiple agencies, including components of the Department of War/Defense, the Defense Counterintelligence and Security Agency (DCSA), or other federal agencies responsible for personnel security records.
Properly prepared requests can help obtain records relating to:
- Security incident reports
- Security clearance eligibility determinations
- Adjudicative summaries
- Background investigation records
- Investigation histories
- Continuous vetting records, where available
- Security clearance message histories
- Other personnel security records maintained by the government
Preparing these requests correctly is important because incomplete or improperly directed requests often result in delays or incomplete responses.
What Information Can Be Obtained?
Government responses vary depending upon the agency maintaining the records and the applicable disclosure laws. However, individuals are often able to obtain documents that identify:
- The date the incident was reported
- The reporting organization
- The nature of the alleged security concern
- The applicable adjudicative guideline(s)
- The status of any adjudication or investigation
- Historical actions taken on the individual’s security clearance
In many cases, the records contain an unclassified description of the underlying allegation.
This information is often critical because it may reveal:
- Incorrect or outdated information
- Administrative errors
- Duplicate reporting
- Previously resolved issues
- Missing or incomplete facts
Obtaining these records is frequently the first step toward correcting inaccurate information or responding effectively during the security clearance adjudication process.
Why Legal Assistance Can Help
Privacy Act and FOIA requests involving security clearance records are often more complicated than standard information requests. Different agencies maintain different portions of an individual’s personnel security file, and obtaining complete records may require multiple requests and follow-up correspondence.
An experienced security clearance attorney can help identify the appropriate agencies, prepare properly drafted requests, evaluate the records received, and develop a strategy for resolving any security concerns.
Contact Berry & Berry, PLLC
If you have been informed that an unresolved security incident is affecting your security clearance or eligibility for classified access, obtaining your personnel security records is often the first and most important step.
Berry & Berry, PLLC represents federal employees, military personnel, intelligence community employees, and government contractors in all aspects of security clearance law, including Privacy Act requests, FOIA requests, Statement of Reasons (SOR) responses, clearance suspensions and revocations, and security clearance appeals.
Contact Berry & Berry, PLLC today at (703) 668-0070 or through www.berrylegal.com to schedule a confidential consultation.
