TELG Principal’s Article on Security Clearance Guidelines Featured in Westlaw Journal

Thursday, November 10th, 2011 | Executive Compensation Attorney

The Employment Law Group® law firm principal attorney R. Scott Oswald’s two-part article titled “Introduction to the Federal Security Clearance Process,” recently appeared in the Westlaw Journal, Government Contracts.

In Part 1 of the article, Oswald provides a comprehensive summary of the history and development of security clearance law. He explains how recent law has developed by referring to important Executive Orders under Presidents Eisenhower and Clinton, as well as landmark Supreme Court Cases such as Egan v. Department of the Navy.  In addition, Oswald explains the basis on which security clearance candidates are evaluated.  He explains that:

The adjudicative process for a security clearance is ‘an examination of a sufficient period of a  person’s life to make an affirmative determination that the person is an acceptable security risk.’ Agencies inquire into a candidate’s perceived loyalty, reliability, and trustworthiness by reviewing the candidate’s history, relationships, and overall character.

Oswald lists the primary factors considered by evaluators during a security clearance investigation:

• Foreign Influence
• Foreign preference
• Sexual behavior
• Personal conduct
• Financial considerations
• Alcohol consumption
• Psychological conditions
• Criminal conduct
• Handling protected information
• Outside activities
• Use of information technology systems

In Part 2 of the article, Oswald describes the process of appealing a security clearance denial or revocation across various government agencies, such as the Department of Defense and NASA. He also offers practical tips for successfully appealing an adverse security clearance determination by an agency. He encourages the candidate to examine the agency’s stated reasons for denying or revoking the security clearance and collect evidence to support an argument against the agency’s decision. Oswald strongly recommends seeking the advice of an experienced employment attorney:

An attorney with experience examining and cross-examining witnesses can be invaluable during a hearing.  An experienced attorney may also have handled security clearance cases with your particular agency and will be able to frame your case consistent with your agency’s expectations.