Last July I wrote about what the top issues were that resulted in security clearances denials by the Defense Office of Hearing and Appeals (DOHA) Board which review industrial security clearance cases. Here are the final numbers on the 884 cases that were heard this year broken down by the types of issues noted in each case (*note- some cases had multiple issues):
In a recent Merit Systems Protection Board (MSPB) case the original decision to remove a Department of the Navy employee due to his security clearance being revoked was upheld by the board. Specifically, the employee was removed for failure to maintain a top secret security clearance as a condition of employment. It has been well established by case history that the MSPB cannot look at the reasons for a security clearance denial, as that authority is reserved for the adjudicating agency. However, MSPB can consider and rule on whether the agencies administrative processes and procedures were followed in removing the employee and whether due process was given.
The Office of the Director or National Intelligence (ODNI) recently published a fact sheet on their website outlining some changes being implemented regarding the way that the Continuous Evaluation Program (CEP) will be conducted on security clearance holders. These changes were effected as a result of clearance reform initiatives that identified gaps in between investigation cycles where conduct of potential concern went unnoticed or unreported. Initially the current focus of these changes are for select agencies that have individuals who hold Top Secret/Special Compartmented Information (TS/SCI) clearances, but the program eventually will be expanded to include all TS/SCI access holders.
Not many are aware that Executive Order 10865 not only provides the authorities and guidance for safeguarding classified information, but it also provides due process requirements for those who may be issued a letter of intent to revoke or deny and a statement of reasons.
Below are the provisions each agency must follow with certain very narrow exceptions: