Department of Energy Security Clearance
Why Choose A Department Of Energy Security Clearance Lawyer
The Department of Energy (DOE) has a unique clearance system that often mirrors that of the Department of Defense and other Intelligence Community agencies, but has nuances that are important to consider.
Along with the Nuclear Regulatory Commission (NRC), DOE clearances and access to restricted data and national security information for federal employees and contractors are governed by the Atomic Energy Act of 1954.
An experienced DOE security clearance lawyer will know the unique traits of the DOE clearance process and how best to navigate a proposed denial or revocation and how to shepherd you through the security clearance appeals process.
Overview Of The DOE Security Clearance Process & Q/L Clearances
- Clearance Levels. DOE clearances are defined as Q and L clearances, which are roughly equivalent to Top Secret and Confidential or Secret clearances at most other agencies.
- Governing Law. Review of security concerns is governed by 10 C.F.R. 710. The same SEAD 4 Adjudicative Guidelines still apply to determine the nature and extent of the concerns and mitigation, however.
- Investigation Process. Much like other agencies, a DOE applicant will fill out the relevant security forms (SF-86 most likely) often through an electronic platform, and an investigation will be conducted into the applicant’s background and any concerns about foreign influences, substance use and abuse, financial issues, employment history, police record, and all other areas identified through either answers on the security forms or revealed through the investigation.
- Security Concerns. Where a security concern arises, the DOE personnel security office will issue a letter called Summary of Security Concerns (SSC). The applicant is informed of the nature of the concerns in a separate letter and given a choice of response options. At this point, the access authorization (or ability to use the security clearance and handled classified information) is suspended, pending resolution of the issues raised.
- Appeal Options. The applicant is given a 20-day deadline to either request an administrative hearing or that the initial determination be decided by the personnel security officer who issued the letter. Either way, the applicant must submit a written response to the allegations prior to a further decision being rendered.
Responding To A DOE Summary of Security Concerns (SSC)
- The SSC must be responded to within 20 days, although extensions are often granted for good cause, such as hiring a lawyer or getting the full investigative record and having time to review it.
- The response should address each allegation in the SSC, which will identify each adjudicative guideline invoked and provide additional information that forms the basis for each allegation in the initial administrative determination.
- The response should include not only a narrative response to the concerns, but documentation that establishes the mitigation or refutes the concern entirely. Depending on the concerns in the SSC, these could involve:
- Financial records
- Medical or mental health records
- Police reports
- Court documents
- Character references
- Passport or other travel documents
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Administrative Judge Hearings And Mitigation Planning
- If an administrative hearing is elected, the case is assigned to a DOE administrative judge who receives the evidence in the case and the DOE attorney.
- Hiring an experienced attorney who has handled DOE cases is crucially important. The administrative judge sets deadlines by which evidence and witness lists must be submitted and asks if either side objects to the other side’s exhibits or witnesses.
- A pre-hearing conference is often held to discuss outstanding issues prior to hearing, such as the order of witnesses to be called, any scheduling issues, and the amount of time the parties expect to present their cases.
- At hearing, the parties are offered the opportunity to make opening statements, but after that it is the clearance holder’s obligation to present evidence that refutes the government’s case, which is established by the SSC.
- As most hearing occur over video teleconference, witnesses in support of the applicant can be called to testify even if they live in different areas. Selecting the best witnesses and preparing them for testimony are among the most important parts of building a case in mitigation.
- Depending on the concern raised, an expert in the areas of concern may be useful in preparing documentary evidence such as an evaluation and report, or to testify at the hearing. A seasoned security clearance lawyer will have a network of experts to rely upon to make the best case to gain or retain your security clearance.
- The applicant is usually the last to testify. Being prepared to testify and be cross-examined by the DOE attorney are both time-consuming and often nerve-wracking. This is where an experienced security clearance attorney provides a lot of value in understanding the questions the DOE counsel is likely to ask and how best to respond to them.
- The government may also offer live witnesses as well, often seen with experts in mental health or substance abuse cases. If this is the case, cross-examination of these witnesses and their conclusions are critical to success.
Appeals Process
- If the administrative determination is unfavorable, the applicant can contest the decision with the 3-member DOE Appeal Panel. This appeal must be elected within 30 days.
- If the decision is favorable, the DOE can also appeal the decision to the Appeal Panel.
- If this is elected, the timelines and process are very unforgiving and must be handled with care. Hiring an experienced DOE security clearance lawyer is important at this stage.
Potential Consequences Of DOE Clearance Denial
- If your security clearance is denied or revoked, that often means employment termination with the DOE, whether as a department employee or contractor.
- Trusted Workforce 2.0 and Continuous Evaluation also track ongoing issues that may fail to be reported, like financial problems or criminal arrests. One of the obligations of the clearance holder is to report issues identified in SEAD 3 that can affect eligibility for a clearance. Whereas in the past, issues might have been able to go unreported until the next security clearance renewal period, today issues are being flagged and used to begin revocation proceedings faster than ever.
Nationwide Representation And Getting Started With Your Defense
- Our firm represents DOE employees and contractors in all 50 states and overseas and handles security clearance issues through the entire process of both granting of initial applications and defending against clearance denials and revocations.
- DOE has labs throughout the country, such as Los Alamos National Laboratory, Sandia National Laboratories, Fermilab, Oak Ridge National Laboratory, Lawrence Livermore, Pacific Northwest, Argonne National Lab, the Kansas City National Security Complex, the Naval Nuclear Labs, and the National Nuclear Security Administration, among others.
- Contact our office today for a free confidential consultation to discuss your concerns about your security clearance process with the Department of Energy.
- Brian@LSAttorneys.com 847-775-7701.
