Supplemental Information Request Attorney
Who Faces Supplemental Information Requests and Why They Threaten Your Career
Supplemental Information Request (SIR) is exactly what it sounds like: a request for more information to supplement what the government already knows. This is done when there is insufficient information for the government to determine whether to grant or maintain access to classified information for an individual. SIRs are most often issued to military servicemembers and civilian employees of the individual service branches (Departments of the Army, Navy, Air Force, etc.)
Letter of Interrogatory (LOI): It is essentially the same as an SIR. The recipient must respond with narrative explanations and requested documentation to answer the government’s questions. These are issued by the Defense Counterintelligence and Security Agency (DCSA) and Intelligence Community agencies to federal employees and government contractors alike.
NOT an SOR: It is important to note that an LOI/SIR is NOT an SOR. Where an SOR is a move to revoke a security clearance, an LOI/SIR is a statement that the government believes it needs more information to determine if revocation is appropriate.
Time is Critical: LOI/SIRs are often issued with very tight time deadlines to turn around information, as little as 48 hours in some cases.
Consequences. Failure to respond within the deadlines or provide the requested information can lead to significant consequences for a clearance holder’s career. If the requested information is not provided, that can be considered a failure to cooperate in a security investigation, which creates a new concern and can lead to access suspensions or issuance of an SOR and, ultimately, a clearance revocation.
How Federal Agencies Process Letters of Interrogatory and Supplemental Requests
LOI/SORs are most often issued in the second stage of the security clearance process, after all relevant security forms like the SF-86 are completed and interviews have been conducted.
Deadlines to submit responses are tight. While extensions can be granted for demonstrated good reason, such as the need to obtain old tax or criminal records, LOIs are viewed by the government as straightforward and not requiring excessive time to respond.
Even smaller agencies that only issue public trust determinations often issue LOIs. Agencies such as the National Park Service, the Department of Agriculture, and the Federal Deposit Insurance Corporation (FDIC) are known to issue lengthy information requests with short deadlines. The nature of the agency’s mission and the type of information requested can The
Continuous Evaluation (CE) program can also trigger these requests by automatically flagging financial issues, arrests, or sudden foreign travel.
Navigating Adjudicative Guidelines and Potential Red Flags
The adjudicative guidelines are always relevant to every stage of the clearance process. While the guidelines are only cited in an SOR, the nature of the information requested makes clear which guideline it concerns, and the government uses thirteen different substantive areas when evaluating clearance cases. The eligibility standards for access to classified information are contained in the National Security Adjudicative Guidelines.
Disqualifying and Mitigating Conditions: The adjudicative guidelines describe disqualifying behaviors and actions that can mitigate the otherwise disqualifying information.
Consider how the Disqualifying Conditions Might Apply to the Requested Information: If you receive an LOI/SIR, how that information is responded to should be done in light of the relevant adjudicative guideline. In the adjudicative process, reviewers apply the whole person concept and evaluate your entire life, not just the incident identified in the request.
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Immediate Steps to Build a Strong Supplemental Information Response
Prioritize: Certain sections of an LOI/SIR will require more time to respond to, whether in narrative form or through document collection, so a first review of the form should consider what efforts will be required to fully respond. That review should also confirm exactly what is being requested from the initial application forward, and if any item or submission requirement is unclear, seek clarification immediately before preparing your written response.
Collect Financial Records: Any requested financial records, whether that is credit reports, tax account transcripts, outstanding bills, credit consolidation programs, or payment plans, should be collected, organized, and reviewed as additional documentation supporting the response. These requests often arise from unresolved debt, bankruptcy, or unexplained income, and supplemental information requests ask for additional documentation to support responses in a security clearance application.
Court and Police Records: Police reports, notes, court pleadings, plea documents, and completion of court-ordered requirements may be requested. If a case has been sealed or expunged and records are unable to be obtained, that should be noted and documented. This documentation may also include court records and, where relevant, reference letters that support mitigation.
Foreign Contacts and Travel: All foreign travel should be reported if one holds a security clearance. Relevant documentation may include passports, visas, entry and exit documents, flight and hotel itineraries, cities visited, and foreign nationals interacted with, and should all be recorded as extensively as possible.
Concise and Direct Answers: Each request for an explanation should be answered fully and directly with honest, documented answers submitted by the stated deadline to avoid adverse action. Do not add extraneous information, but also do not fail to answer a question in
Address Inconsistencies: Where a discrepancy between two sources (an SF-86 answer and an interview, for example) exists, directly address it and explain why the two answers may appear.
Coordinating with Security Officials and Seeking Legal Counsel
Confirm Receipt: You will receive the SIR/LOI through your facility security officer. Be sure to review the entire document carefully, including response deadlines, the documents requested, and how the response is to be submitted. You may also have to send a confirmation to the issuing representative to confirm that you received the document. When needed, consult legal or security personnel to make sure your response complies with reporting requirements and submission rules.
Contact an Experienced Security Clearance Lawyer: While the LOI/SIR itself may not be the document that denies or revokes your security clearance, how it is handled can create that scenario. This is especially true with security clearance interrogatories and a supplemental information request, which must be handled carefully because poor responses can contribute to a denial of security clearance. Hiring experienced counsel helps navigate properly responding to the requests and not creating additional problems with careless responses or incomplete information. If you are unsure how to respond, seek legal assistance promptly.
Note the Deadlines: LOI/SIRs will include a deadline for response. If the documents required cannot be obtained in that period of time, be sure to request an extension before the due date.
Prepare for Future Outcomes: If the LOI/SIR response does not alleviate the government’s concerns, an SOR is usually issued, and the government will express its intent to deny or revoke your security clearance. Working with an attorney early in the process can help prepare for that possibility and begin a longer track record of mitigation.
Call an Experienced Security Clearance Lawyer to Assist with Your LOI/SIR Today
Working with an experienced security clearance lawyer can help ease your concerns and understand the pitfalls and benefits of particular responses. More clearances are saved early in the process than before an SOR is issued, so working with qualified legal counsel earlier in the security clearance process is usually better.
Contact us today to schedule your free confidential consultation to review your LOI or SIR and determine what the government is truly concerned about and how best to respond. Brian@LSAttorneys.com 847-775-7701.
