For individuals who must go through the security clearance adjudication process, it can be a nervous and confusing process. Each individual attempting to obtain a security clearance must have a sponsor, but if security concerns arise, the adjudication process can be different depending on your place of employment. Each process starts with the completion of a Standard Form 86 (SF-86), and if security concerns are found, the adjudication process branches off into two separate paths. DOD Contractors The adjudication process for DOD contractors is governed by DOD Directive 5220.6 and requires that ..read more

Intelligence and defense contractors co-exist in a common national security sector of the American and global economies. But that marketplace is bounded and defined by dual systems of security: personnel and industrial. It is a business and legal environment requiring advice and assistance across many practice areas: personnel and industrial security, corporate restructuring, privacy and data security, political law, global ethics and compliance, Executive Branch and congressional investigations, and white-collar criminal defense. In all these areas of law, the fundamentals of corporate organi ..read more

The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions for potential foreign influence concerns. However, before even getting to these regulations, one must decide if they are required to report foreign contacts. The reporting requirements are set forth in SEAD ..read more

“I will never be able to get a security clearance again after this denial.” That is a common thought that many people feel after having a clearance denied or revoked. However, as long as you take the necessary steps to ensure that the previous reasons for your security clearance denial or revocation have been resolved, there is a pathway to overcoming a previous denial or revocation. Most government agencies allow an individual who has been denied a clearance or had their clearance revoked to reapply for a security clearance after 12 months from the date of the final decision. Some agencies re ..read more

The announced decision by the House of Representatives spotlights the growing social media security concern created by individuals and corporations working with, or for, the federal government. On December 23, 2022, Congress, in a bipartisan spending bill, banned TikTok from all government devices. The White House, the Pentagon, the Department of Homeland Security, and the State Department have already banned the social media app, as have more than a dozen other states. The Tik Tok decision combines national security, social media, and “China” in only one institution’s change of policy. It re ..read more

Rep.-elect George Santos (R-NY) has been unmasked as purveyor of so many falsehoods, it’s really hard to know where the fiction ends and the real person begins. He has also, perhaps unknowingly, walked the Republic back into a security concern it has previously failed to resolve. In 2009, then-Rep. Jane Harman (D-CA) allegedly acted in a manner that triggered concerns of foreign influence from Israel. During the 2017 congressional oversight hearings into alleged Russian attempts to influence American elections, then-Rep. Devin Nunes (R-CA)—who was also the chair of the Ho ..read more

A loss of jurisdiction in the security clearance adjudication process can be a major red flag for employers and potential sponsors for a security clearance. According to the Defense Counterintelligence and Security Agency (DCSA), a loss of jurisdiction is a designation reflected in the Defense Information System for Security (DISS) that is placed on an individual’s eligibility for access to classified information when they have lost affiliation with the Department of Defense as a military member, federal employee, or employee with a cleared government contractor. In more simplistic terms, if ..read more

Many employees and contractors of the United States federal government, military personnel, government officials, and other individuals charged with upholding public safety and the public good who require access to classified information in the course of performing their duties are required to obtain and maintain a security clearance. However, many who apply are denied a security clearance because of a variety of concerns, including what is known as “foreign influence.” In this article, we will discuss one of the common reasons for the rejection of a security clearance application, and the f ..read more

Recent reform of facilities clearance regulations now demands more of the corporate facilities security officer (FSO). On February 24, 2021, the NISPOM Rule was codified in the Code of Federal Regulations (CFR). In addition to adding the NISPOM to the CFR, this rule codifies provisions of Security Executive Agent Directive (SEAD) 3, “Reporting Requirements for Personnel with Access to Classified Information or Who Hold a Sensitive Position.” With this shift comes the adoption of new criteria for what information cleared industry personnel must report. According to these rules, individuals ..read more

Delinquent student loan debt is a major concern that could negatively impact your security clearance if you do not take action to resolve it. Delinquent student loan debt in relation to national security clearance is governed under Guideline F, Financial Considerations in the Security Executive Agency Directive 4 (SEAD 4). Under Guideline F, the government may have security concerns related to financial irresponsibility if you have student loan debt that is in default. However, a recent preliminary settlement in a major predatory lending class action lawsuit for student loans includes approxim ..read more