Earlier this year, I wrote about changes to security clearance due process procedures for federal employees, service members, and contractors whose SCI eligibility is adjudicated by DoD (“individual” or “affected individuals”). These changes do not affect the process for the adjudication of contractors’ collateral clearances (Confidential, Secret, and Top Secret).
At the time, there was little publicly available information about the new process. Since then, DoD has published additional resources, which clarify the process. Here are the key takeaways.
The changes are promising.
The new Security Review Proceeding (“SRP”) does not replace affected individual’s right to a hearing before the Defense Office of Hearings and Appeals (“DOHA”) (also referred to as a “personal appearance hearing”)—it is a supplemental procedure that occurs after an individual is issued a Statement of Reasons (“SOR”) but before a final determination is made. This is a promising improvement.
As a refresher, prior to this change, when an affected individual received an SOR, they would only have the right to respond in writing before a determination was made. Then, if the affected individual’s clearance was revoked or denied, they would have the chance to appeal, which included the right to a DOHA hearing. The hearing occurred before an administrative judge, after which the judge’s recommendation would be reviewed by a Personnel Security Appeals Board (“PSAB”), and the PSAB would make the final decision.
What to Expect Now
The easiest way to understand the new process is to think of it in terms of phases.
Phase 1
As with the earlier process, when DoD issues an SOR proposing to revoke or deny an affected individual’s clearance, the individual has the right to respond in writing. Now, however, the individual may also request a virtual personal appearance with DoD’s vetting arm, DCSA Adjudication and Vetting Services (“DCSA AVS”), prior to a decision to revoke or deny the applicant’s clearance:
- The election is made through the Statement of Reasons Receipt and Statement of Intent page included with the SOR, which also serves to confirm receipt of the SOR and confirm whether the individual intends to respond.
- The DCSA AVS personal appearance is only offered virtually (currently via Teams) and will not be recorded.
- DCSA will generate a written summary of the personal appearance which will become a part of the official record, and the individual may request a copy of the summary.
- Those who will attend on behalf of the government include the DCSA AVS Senior Adjudicator and may include “DCSA attorneys or representatives from legal behavioral health, and/or other subject matter experts.”
- Individuals may, but are not required to, have one other person with them, including legal counsel.
- The individual may be given brief breaks to speak with their attorney or support person.
- The attorney or support person’s role is limited, and they must not disrupt the DCSA AVS personal appearance.
- The individual must speak for themselves; however, the attorney or support person may “make limited comments in support of the individual’s statements and documents” at the end of the DCSA AVS personal appearance.
- DCSA AVS may request additional documentation from the individual following the personal appearance.
- A DCSA AVS personal appearance is not mandatory or automatic: the individual must affirmatively request it.
Essentially, the first phase involves three options: 1) respond in writing only; 2) respond in writing and request a personal appearance before DCSA AVS; and 3) no response (this is not recommended and would almost certainly result in a denial or revocation).
If, following Phase 1, DCSA AVS issues a favorable determination, the individual will be notified, and the process ends. If DCSA AVS has continued concerns following Phase 1, the individual will move on to Phase 2.
Phase 2
If DCSA AVS has continued concerns following Phase 1, it will deny or revoke the individual’s eligibility. The individual will then have the right to appeal the decision directly to their component’s PSAB or request a DOHA hearing. If the applicant requests a DOHA hearing, as with the original process, DOHA will assign an administrative judge to hold a hearing during which the individual has the right to counsel and to present witnesses on their behalf. The DOHA judge will make a recommendation which is forwarded to the PSAB. As with the original process, the PSAB’s decision is final. More about the DOHA hearing process can be found here.
Read the fine print.
The above expectations are based on DCSA publications last updated on March 5, 2025 and March 17, 2025. This is a new process—it is important to read any documentation you may receive carefully and follow the instructions provided to you. If you have any questions regarding the process or your rights, you should reach out to the point of contact provided, legal counsel, or both.
The above content is not legal advice and does not create an attorney-client relationship. The handling and outcome of any legal matter depends on varying factors unique to each matter, and results cannot be predicted or guaranteed. Do not act upon information without seeking legal counsel.
