A security clearance suspension is different than a denial or revocation. It is an interim decision made when the government or agency becomes aware of derogatory information that raises questions as to the clearance holder’s current ability to protect national security information. Examples of incidents that could trigger a clearance suspension include a positive drug test, a recent arrest, an unresolved financial event, or disclosed contact with a foreign national. An incident report will be entered into the personnel security system, and the clearance holder will be notified in writing that his or her access to classified information has been suspended. That notification will include a brief statement of the reason(s) for the suspension, and the individual must sign an acknowledgment receipt. While there is no formal appeal process for a suspension, military commanders have allowed members to submit written rebuttals before making a security recommendation to the adjudication facility. The adjudicators will then consider the finalized incident report and render a security eligibility determination. If the adjudicators determine that it is not in the best interest of national security for the clearance holder to maintain his or her clearance, a Statement of Reasons may be issued outlining allegations to support their intent to revoke. At this point, due process rights attach, and the clearance holder has the opportunity to respond in writing and/or request a hearing/personal appearance. Suspensions are not meant to be open-ended punishments and should be resolved as quickly as circumstances permit. Suspensions exceeding 180 days must be monitored and managed by the adjudication facility to allow for an expeditious security eligibility determination. Unfortunately, clearance suspensions can result in HR-related issues like being placed on Administrative Leave for failure to maintain a clearance, which can ultimately result in termination/separation if the suspension or subsequent adjudication process lasts months or years.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
