If you are a government contractor or federal employee facing an adverse security clearance decision by the National Security Agency (NSA) — including denial, revocation, or loss of Sensitive Compartmented Information (SCI) access — you need experienced legal representation to protect your career and reputation. You need an experienced NSA security clearance lawyer.
NSA Security Clearance Appeals — Legal Help for Contractors & Employees
At Berry & Berry, PLLC, our security clearance attorneys help contractors and NSA federal employees appeal NSA security clearance decisions and navigate the complex NSA appeals process with confidence. We frequently represent individuals in security clearance appeals before the NSA. The NSA is part of the Intelligence Community group of agencies and have a unique security clearance appeals process.
Why Appeal an NSA Security Clearance Decision?
A security clearance denial or revocation can disrupt your employment, contract eligibility, and future job prospects in national security, defense contracting, and intelligence roles. The NSA has its own clearance process and standards under Executive Order 12968 and Security Executive Agent Directive 4 (SEAD 4) — meaning appeals must be precisely prepared and timely.
Failing to respond correctly, or missing strict deadlines, can result in a final decision that leaves you without a security clearance and without options for months or longer.
Of note, there are some changes in the NSA security clearance appeals process that have been implemented. We explain the current process below.
NSA Security Clearance Appeal Process — Step by Step
The NSA security clearance appeal process moves quickly and requires strategic preparation. The following is the process followed for government contractors. NSA federal employees have a slightly different process.
1. NSA Issues a Statement of Reasons/Clearance Decision Statement
When an individual has a security clearance or SCI access denial or revocation from the NSA (referred to as the Statement of Reasons (SOR)), it will list the security concerns at issue under SEAD 4. In addition, the NSA will typically provide what they believe to be the most pertinent documents from the Investigative File. Keep in mind that the NSA will have other documents, including a transcript of any polygraph examinations, on hand but likely will not provide these. They often provide a summary report.
For NSA security clearance cases, individuals with unresolved security concerns will receive a Statement of Reasons (SOR). Under this process, the individual will usually have 10 days to elect to appeal a denial and notify the agency about whether or not a Personal Appearance is being requested. It is important to request a Personal Appearance, along with submitting a written appeal. This deadline for electing these options is strict. Individuals in this process will have the ability to request an abbreviated Personal Appearance of no more than 30 minutes in-person in addition to submitting their written review.
There is ongoing discussion about transition to a virtual platform for the PA process, but they are often held onsite. You usually have 30 days to submit your written response to the NSA when notified of your SOR, but they often add time if the receipt occurred after the date of the SOR (which is in most cases). If you have elected an in-person meeting that will take place at the NSA after the written response is received. You may have counsel represent you in this process. Having an experienced security clearance lawyer is important in the NSA process to protect a contractor’s rights.
2. Contractor Response to the NSA SOR
If the individual elects to reply to the SOR they will need to respond to the NSA’s security concerns by written submission. A thorough response must be prepared to address all of the security issues. It is critical to also provide exhibits, such as relevant evidence, declarations, character letters, declarations, affidavits, and other documentation related to the NSA’s security concerns or the character of the individual. It is also important to address mitigation and the Whole-Person Concept.
Our security clearance lawyers typically represent individuals starting with this first step. The written submission can often involve submitting a 10-15 page response, plus exhibits. It is not unusual for a submission to be 30-60 pages when exhibits are included. As a result it is important to consult with an attorney that is familiar with the NSA security clearance process.
3. First Level Personal Appearance
Once the individual’s response to the SOR is received by the NSA within the deadline, they will be contacted to schedule the Personal Appearance, if that option has been requested. The individual and their attorney will then travel to the NSA for the Personal Appearance. You should build in time to get through security in order to make your appointment on time. In the future, it is likely that this may be transitioned into a virtual (remote) appearance. During the Personal Appearance, the individual and their attorney will sit across from the adjudicator and an NSA attorney. They will very well have a large binder in front of them with information about your case that you have not yet seen.
The security official will then start the Personal Appearance. Typically, at this point, the individual’s lawyer begins the discussion about the security concerns. In most cases, lawyers ask the individual questions about the case in order to present evidence to the security personnel present. The meeting has a fixed time of 30 minutes. Usually, you will be notified when you have 5 minutes of presentation time left.
It is important to be prepared for the Personal Appearance given the amount of time that is allotted. Usually, when the presentation is finished, the security official present will ask some clarifying questions. It is common to expect 5-15 questions about your case depending on the issues raised. by the security official in the Personal Appearance. Once finished, the security official will let you know that they will submit their notes to the adjudicator and a decision at the first step will then be rendered when that occurs.
4. First Level Decision
Once the adjudicator reviews the security officials notes, the written response and their own internal file, a decision will be rendered. The decisions include permitting an individual to continue in the security process, reversing the denial, and a first-level denial. If the decision is favorable there is nothing further to be done and the matter should be resolved. If a negative decision is made, the individual will receive a new notice with the option to elect an appeal with the NSA Access Appeals Panel (AAP). Then the individual will have additional time to file an appeal. However, in this case, you will not meet directly with the NSA AAP, but rather submit a written appeal for their review and final vote. At this point a decision is rendered and is final.
5. Other Considerations for Appealing NSA Decisions
If an adverse clearance decision is rendered by the NSA, it is important to plan for the reapplication process with the NSA. It is also important to determine any impact that a final NSA clearance denial might have on other security clearances held by the contractor. Separate security clearances may require representation before other agencies. It is often important to challenge the security concerns with the NSA as if your security clearance is denied, any other agencies that you hold security clearances with will have your side of the story before they review the security concerns separately. NSA often notifies other federal agencies about their security clearance decisions.
For example, a negative NSA decision could affect an individual with a Department of War/Defense security clearance. In those types of circumstances, it is critical to respond to the NSA SOR. The response will remain in NSA security files and will be potentially available to other federal agencies in other security clearance evaluations. Other agencies will review their decision, your response and then decide whether to follow (or not follow) the NSA security clearance decision.
Common Reasons NSA Clearances Are Denied or Revoked
Security clearance decisions are based on trustworthiness and reliability factors. Common issues include:
Financial problems or unexplained debts
Criminal history or misconduct
Foreign influence or preference
Personal conduct concerns
Failure to disclose relevant information on clearance forms
- Polygraph-related issues
Identifying the root cause of your clearance denial is the first step in building an effective appeal strategy.
How a NSA Security Clearance Lawyer Helps
Security clearance appeals are not ordinary legal cases — they involve:
Complex federal regulations
Tight deadlines
Technical adjudication guidelines
An experienced lawyer can help you with:
✅ Reviewing your investigatory file and allegations
✅ Developing a persuasive written response
✅ Preparing you for your Security or AAP hearing
✅ Gathering and organizing strong mitigating evidence
✅ Communicating with NSA adjudicators on your behalf
Legal counsel at this stage significantly increases your chance of retaining or regaining clearance.
Frequently Asked Questions About NSA Security Clearance Appeals
Can you appeal an NSA security clearance denial?
Yes. Contractors and employees may appeal NSA security clearance denials or revocations through a written response and, in many cases, a hearing before a security officer or NSA Access Appeals Panel on appeal.
How long do I have to appeal an NSA clearance decision?
Deadlines are short. Security clearance applicants and holders have typically 10 days to respond to an initial decision requesting their options, which include (1) not responding (not recommended); (2) responding with a written response; and (3) responding with a written response and a Personal Appearance (usually recommended).
Do I need a lawyer to appeal an NSA security clearance?
While not required, legal representation significantly improves outcomes. NSA appeals involve classified procedures, strict deadlines, and detailed evidentiary standards.
What issues commonly cause NSA clearance denials?
Financial issues, foreign contacts, criminal conduct, personal conduct concerns, and omissions on security forms are common reasons.
Speak With an NSA Security Clearance Appeal Attorney Today
Whether you are a contractor, federal employee, cleared professional, or pending applicant, our security clearance lawyers understand the NSA’s unique process and appeal requirements. We offer personalized legal representation to help you navigate and win your appeal.
📞 Call (703) 668-0070
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If you are a federal employee or government contractor whose security clearance is under review and you are in the process of having your case heard before the Defense Office of Hearings and Appeals (DOHA), there are a number of considerations that should be made as you move towards the hearing phase. Before DOHA, an applicant for a security clearance (or clearance holder) should be well prepared, in advance, to present their case at a hearing. You should think of a DOHA hearing as less formal litigation but very similar to appearing in court. There is a judge and the government is represented by an attorney who is referred to as Department Counsel. You should be represented by a security clearance lawyer.
It is often the case that individuals come unprepared for a DOHA hearing and wish they had consulted a security clearance attorney earlier. Having legal counsel represent you in this forum is highly advised. The following is a typical chronology of a hearing before DOHA and an administrative judge. Keep in mind there are some slight differences in the process between federal employee and government contractor clearance proceedings before DOHA.
Chronology of a DOHA Appeal
The process and procedures for a DOHA administrative judge hearing vary, depending on each case, and certain procedures can also vary between individual judges. The following is a chronology of what you might expect in a typical DOHA hearing case:
Pre-Hearing DOHA Process
1. The DOHA Hearing process generally starts when the individual receives notice from a government attorney at DOHA introducing themselves and indicating that they plan to use certain exhibits against the person during the hearing. This will begin the process of setting eventually setting the hearing date and receiving notice of the administrative judge assigned.
2. Prior to the date of the DOHA hearing, the clearance applicant (if in person) should ensure that they have DOHA contact information available to ensure that they have an escort to the hearing room, which, in the Washington, D.C. area is in Ballston, Virginia. You will want to arrive early with your witnesses to ensure that you are on time for the proceedings and have enough time to clear security. Also, keep in mind that most hearings have moved to a virtual platform so very few hearings are in person these days.
3. The Applicant must make sure that they have all of their exhibits submitted to the Department Counsel in advance (so that they have a chance to prepare their case), according to DOHA rules. These exhibits will be reviewed by Department counsel and then the government will have the opportunity to object or comment on them before they are entered into the hearing record. Judges also require advance submissions of exhibits so that they can prepare to hear the case.
Start of the DOHA Hearing
4. When you enter most formal DOHA hearing rooms, typically the applicant for a security clearance will on the left hand side of the hearing room / table and the Department Counsel (if there is one) will sit on the right. The court reporter will be to the right of the administrative judge and the witness stand will be on the left. As noted above, DOHA has also moved recently to permit most of the hearings to take place virtually through Microsoft Teams which has changed some of the dynamics for those cases.
5. The witnesses (other than the applicant for a security clearance) will almost always be sequestered before they testify. They will then be escorted into the hearing room to testify, one at a time. Again, in virtual settings, witnesses are sequestered electronically (cannot participate or view virtual hearing until their testimony). When the judge is ready to hear a virtual witness they are allowed into the electronic hearing room.
6. The witnesses, in turn, will usually testify to the left of the DOHA administrative judge (when observing the procedures from the applicant’s table). If held online, this really doesn’t apply.
7. Typically, the administrative judge will hear any procedural issues first, from both sides, before starting the hearing. There could be witness issues or evidentiary issues which need to be discussed before the start of the formal proceedings.
8. Exhibits will then generally be reviewed for marking and admissibility by the administrative judge. Typically, both sides have reviewed the other’s exhibits before the hearing and most exhibits are generally agreed to. While there is the ability to object based on evidence, this ability is more limited in a DOHA hearing.
Opening Statements and Testimony
9. A DOHA hearing will usually then start with opening statements if a security clearance applicant is represented by an attorney. The Department Counsel will often go first. The clearance applicant’s attorney will next offer their statement if they chose to do so.
10. Typically, while the Department Counsel usually presents their case first, they tend not to usually put on their own case but instead examine the security clearance applicant on cross-examination. In other words, their case will typically rely on information gained from cross-examining the security clearance applicant. As a result, the security clearance applicant or clearance holder will present their case first.
11. The first witness called by the applicant’s security clearance attorney will often be the applicant who is the most important of all of the witnesses and will usually take the most time of all of the witnesses in testimony. Since the security concerns principally involve the person at issue it makes sense that their testimony would take the longest. In other cases, the best strategy is to call the applicant last for testimony.
12. Following an examination by the applicant’s attorney, the government’s attorney and/or the administrative judge will question each witness. The examination will mostly center around the facts and issues related to the Statement of Reasons (SOR) or Intent to Revoke issued earlier in the case.
Closing Arguments and Extended Record
13. Once the witness testimony is complete, the parties may be asked to provide their closing arguments in the case. This typically takes the form of closing arguments, but written briefs, if a key legal issue is involved, are possible.
14. Following closing arguments, the record will be closed (unless extended for some reason – i.e. the need to extend the closing date for the submission of additional exhibits that are needed). If the hearing remains open for additional exhibits this can last an addition 2 weeks to 4 weeks, in general before the record is closing.
Following the DOHA Hearing
15. Usually, after 2-6 weeks, a copy of the transcript will be sent to the clearance attorney’s attorney or applicant and government counsel for review.
16. Depending on the employment status of the person seeking the security clearance at issue, federal employee or government contractor, the administrative judge will then issue a recommended or final decision. For federal employees, the security clearance decision issued will be a recommended decision for final review by a federal agency’s personnel security appeals board (PSAB). For government contractors, the administrative judge’s decision issued is final, but the losing party has the opportunity to appeal to DOHA Appeal Board.
17. Depending on the type of employment involved, if an employee is denied a security clearance, in many cases, depending on circumstances, they can re-apply through the reconsideration process a year later.
18. Even if a difficult security clearance case is not won in the initial appeal, depending on the individual circumstances, an individual can increase their chances of eventually obtaining a security clearance by challenging the initial negative determination and putting on a strong case. Doing so can lay the foundation for eventually recovering or receiving a security clearance.
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Each DOHA hearing before an administrative judge is unique so individuals are advised to have counsel represent them during the DOHA hearing process. If you need assistance with a security clearance issue, please contact our office at 703-668-0070 or here to schedule a consultation.
It is very critical for security clearance holders to both handle and protect classified and other sensitive information properly. Improper handling of protected information can (and often does) cost security clearance holders their security clearance. Adjudicative Guideline K of the Security Executive Agent Directive (SEAD 4) governs the safeguarding and management of classified, sensitive, and proprietary information for security clearance holders. Among other things, Guideline K addresses behaviors such as unauthorized disclosure, negligent handling, or failure to comply with security protocols, all of which can undermine trust in an individual’s reliability and judgment.
Security Concerns Under Guideline K
Failing to properly follow established procedures for handling classified, sensitive, or proprietary information, whether through carelessness or intentional disregard, can signal potential issues with an individual’s reliability, judgment, or willingness to protect critical information. Such behavior is treated as a significant concern in determining eligibility for access to protected materials.
Some Examples of Protected Information Security Concerns Under Guideline K:
- Deliberate or negligent disclosure of protected information to unauthorized persons (example: discussing classified information at a party with friends);
- Storing protected information in any unauthorized location (example: storing classified information on an unauthorized thumb drive);
- Transmitting protected information on unauthorized equipment (example: sending classified information from a classified email to your own private email address);
- Modifying protected information in an unauthorized manner designed to conceal or remove classification markings (example: whiting out SECRET marking on documents and taking them home);
- Viewing information from a secure system when the information is beyond the individual’s need-to-know (example: accessing a classified database that you have not been approved to access); or
- Any failure to comply with rules for the protection of classified or sensitive information (example: failing to properly secure a SCIF).
Mitigating Factors When Violations Occur
The following factors are considered when evaluating whether concerns regarding classified information have been sufficiently mitigated.
- Time and Unusual Circumstances: The behavior occurred long ago, was rare, or happened under unique conditions, making it unlikely to happen again or reflect poorly on the person’s reliability and judgment (example: the failure to secure a SCIF you are responsible for was a one-time occurrence);
- Positive Response to Counseling/Training: The individual has completed counseling or security training and now shows a responsible attitude toward security duties;
- Training or Instruction Issues: The violation happened because of poor or unclear guidance, not deliberate misconduct; or
- Accidental: The breach was unintentional, promptly reported, did not result in a compromise, and isn’t part of a recurring pattern.
Some Favorable Clearance Determinations Under Guideline K
Example A: Applicant had seven security violations under Guideline K between 2007 and 2018, including unauthorized hardware installation, improper handling of classified material, and repeated unauthorized entry of a personal cell phone into a SCIF. He accepted full responsibility and implemented corrective measures to ensure compliance with security protocols. Over the past three years, he has had no further incidents. His performance record was exemplary, and both his supervisor and the company’s security manager support his continued access to classified information. Clearance granted. Copy is located here.
Example B: Applicant, a federal contractor, routinely took unclassified materials home to use for work or scrap paper to write notes on while working for a government agency. On one occasion, he inadvertently brought home a classified cover sheet mixed with unclassified documents. In a panic, he tore it up and ate it to avoid detection, failing to report the incident. He later disclosed it during a failed 2018 or 2019 polygraph to a different government agency and expressed regret. In 2020, he found a 2007 timeframe email marked “Confidential” among personal papers and voluntarily turned it in at a SCIF, though he did not file a formal report, mistakenly believing it was optional. He since acknowledged mishandling both incidents and expressed remorse. While both events raised concerns, they appeared to be minor, and no compromise of classified information was likely. Copy is located here.
Some Unfavorable Clearance Determinations Under Guideline K
Example A: Applicant entered a SCIF with a cellphone on five occasions between September 2015 and January 2017. Although each incident was inadvertent and quickly discovered, three were not promptly reported. She later disclosed an additional violation involving her company cellphone. Separately, she mishandled classified material twice by leaving a classified PowerPoint and document unsecured on her desk overnight. Despite a strong performance record, the pattern of security violations reflected a repeated disregard for procedures, raising concerns about future compliance. Clearance denied. Copy is located here.
Example B: Applicant was highly regarded professionally and personally, but has admitted to sharing unclassified proprietary information with a friend against policy, inadvertently bringing a cell phone into a SCIF multiple times, and removing a classified monitor without proper clearance. The intentional disclosure and removal of classified labeling remain serious breaches. Despite these incidents occurring over ten years ago and the applicant’s subsequent positive work performance and promotions, the severity of the mishandling outweighed the mitigating factors. Clearance denied. Copy is located here.
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If you run into security clearance concerns under Guideline K, there are many options for a potential defense. Please contact us at (703) 668-0070 or here to schedule a consultation.
Security clearance reciprocity is a federal government policy that allows security clearance holders to move between government agencies without undergoing a new security clearance investigation. By speeding up the process of obtaining a new security clearance at a new agency, reciprocity enhances national security without requiring a new security clearance investigation. It also saves the government significant time, money and delays. However, the process does not always work as intended. Reciprocity often involves unpredictable decisions and may often not work as it was intended. The government would benefit from improving the transition process because it would be an asset to national security.
Primary Goal of Security Clearance Reciprocity
The primary goal of security clearance reciprocity is to make it easier to enable a federal employee, military personnel y or government contractors to transfer a security clearance from one agency to another, provided that certain conditions are met. Reciprocity, when it works, avoids unnecessary delays in national security work and helps conserve government resources. Furthermore, it makes life a lot easier for security clearance holders who do not have undergo a whole new investigation before beginning work when they already have one. Reciprocity, when it works, is a benefit from everyone.
What Rules Govern Security Clearance Reciprocity?
Security clearance reciprocity is governed by a number of government laws, rules and regulations. These start with Executive Order 13467, which provides that government agencies should use reciprocity for security clearances. Security Agent Executive Directive 7 (SEAD 7) implements EO 13467 reciprocity rules and provides specific criteria for accepting prior investigations and adjudications. Additionally, Section 3001 of the Intelligence Reform and Terrorism Prevention Act requires timely processing of security clearances and encourages reciprocity unless disqualifying information exists.
Reasons Why Reciprocity May Not Be Possible
In many cases, reciprocity isn’t available for security clearance holders. Below are some examples when an individual’s existing security clearance may not be eligible for reciprocity and where gaining agencies may need to conduct additional security clearance processing.
- You are seeking to move to a higher-level security clearance;
- Your existing security clearance was granted on an interim, limited or one-term basis;
- The date of your last investigation, upon which your existing clearance is based, is older than seven years for Top Secret, 10 years for Secret, and 15 years for Confidential;
- The position for which you are being considered requires a polygraph (which was not the case previously) or a different type of polygraph exam than you have taken in the past;
- Your existing clearance was based on exception to standards (Appendix C, SEAD 4);
- You are currently cleared at the Confidential or Secret level, and the position for which you are being considered requires a Top-Secret level clearance; or
- The position for which you are being considered has Special Access Program (SAP) requirements (SAP access is treated very differently by each agency);
How Does the Security Clearance Reciprocity Process Work?
Reciprocity comes into play when the cleared individual seeks to move to a different agency. The individual will seek reciprocity for their existing security clearance. The gaining agency’s security office will check your eligibility in databases such as the Defense Information System for Security (DISS) or Scattered Castles (Intelligence Community clearances).
The gaining agency will then conduct a review of the adjudicative decision made by the original agency. If no flag or disqualifying information is present they will likely honor the prior adjudication. However, if issues are discovered, the gaining agency may request additional information or simply deny reciprocity. If there are no issues, the individual’s clearance will then transfer and you will be given reciprocity.
The Limitations of Security Clearance Reciprocity
Security clearance reciprocity faces several issues. These include agency-specific requirements, the non-transferability of certain access levels, such as Sensitive Compartmented Information (SCI) or Special Access Programs (SAP), which often require separate adjudication, and challenges related to incompatible clearance databases across agencies. There is sometimes also a lack of trust between some federal agencies about the clearance investigations that they conduct.
The Government Accountability Office (GAO), in a 2024 report, mentioned this serious issue regarding reciprocity due to lack of trust among different agencies:
“According to ODNI officials, during their assessments of agencies’ national security background investigation and adjudication programs, they found that some agencies are not granting reciprocity. These agencies, according to ODNI, believe that other agencies accept levels of risk in their security clearance processes that are too high, resulting in a lack of trust in those agencies’ processes.”
The GAO Report also noted that another significant issue with reciprocity occurs in regards to communication by the government. Basically, the GAO found that government agencies need to do a better job communicating with government contractors when problems arise. A vast majority of contractors indicated that when problems arise, the government rarely communicates with them. This is a major area for improvement.
Examples of Clearance Reciprocity
A few examples of how reciprocity can work:
- Jim is a federal employee with a Secret level security clearance changing jobs within the Department of Defense (DOD) for a position requiring a Secret level clearance. In this example, the Secret clearance should transfer easily unless there are other issues that come up.
- Samatha is retiring from the Army after a long career where she held a Secret security clearance and is going to work for a DOD government contractor where a Secret level clearance is required. In this example, Samantha’s reciprocity should be granted unless other issues arise.
- Joan holds a Secret level security clearance with a DOD government contractor and seeks to go to another DOD government contractor which requires a Top-Secret security clearance. Reciprocity would not likely apply given that she would be going to a position with a higher-level security clearance in this example.
- Jason has a Top-Secret level clearance with the Department of State (DOS) but is seeking a new position with the National Reconnaissance Office which requires a polygraph examination. Reciprocity would not likely be granted here given the lack of a polygraph examination in his previous position.
- Kelly has an interim Secret clearance with the DOD and finds a new position with the DOS requiring a Secret clearance. It is unlikely that the interim clearance would transfer because it was not finalized. I say unlikely because reciprocity always seems to have possible exceptions.
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Security clearance reciprocity is intended to improve efficiency while upholding strict security standards. Under EO 13467, IRTPA, SEAD 7, and related government rules, there is a framework for the mutual recognition of adjudicative security clearance decisions across federal agencies. However, the effectiveness of reciprocity remains challenged by inconsistent implementation, and agency-specific requirements. Reciprocity often works smoothly and other times there are major issues. Many reciprocity issues cannot be predicted accurately. Please reach out to us if you wish to discuss your security clearance reciprocity issue at (703) 668-0070. or here.
