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As a federal employee, the government may revoke or deny your security clearance for several reasons. Personal conduct, having a criminal record, lying on your application are all valid reasons for this. However, one of the most common reasons for revoking or denying a security clearance is delinquent debt. During 2015 alone, the Department of Defense denied hundreds of security clearance applications for financial reasons.
As a federal employee, having and maintaining a security clearance is sometimes a precondition of employment for certain positions. As a result, if you are facing the revocation of your security clearance, you are likely also risk having your employment terminated as well. When faced with the revocation of your security clearance, it is advisable to seek legal advice as soon as possible.
Developments at OPM: On June 5, 2015, the U.S. Office of Personnel Management (OPM) and the Office of the Director of National Intelligence (ODNI) jointly published a Final Rule in the Federal Register (80 Fed.Reg. 32,244-32,265). The Final Rule implemented updated regulations for agencies to designate positions as "national security positions"--and potentially excluding affected positions from Merit Systems Protection Board (MSPB) appeal rights. The Final Rule is effective July 6, 2015.
News from the Whitehouse: On July 7, 2014, President Obama signed into law the Intelligence Authorization Act for Fiscal Year 2014 (Pub.L. 113-126). Sections 601-603 of the statute solidified protections for whistleblowers in intelligence agencies and/or with security clearances.
News from the Whitehouse: On January 31, 2014, President Obama issued a new presidential memorandum, "Enhancing Safeguards to Prevent the Undue Denial of Federal Employment Opportunities to the Unemployed and Those Facing Financial Difficulty Through No Fault of Their Own." This presidential memorandum highlighted several issues concerning how unemployment and financial distress can impact federal employment.
News from the Supreme Court: On November 15, 2013, the American Federation of Government Employees (AFGE) appealed the August 20, 2013, en banc decision of the U.S. Court of Appeals for the Federal Circuit in Kaplan v. Conyers and MSPB, Case No. 2011-3207, to the Supreme Court. The Supreme Court has discretion on which cases it takes for appeal, and so this AFGE appeal is more formally referred to as a petition for a writ of certiorari (or 'cert petition'). Passman & Kaplan previously analyzed Conyers in this blog and in its Federal Legal Corner.
News on Security Clearances: On October 31, 2013, Judge Huvelle of the U.S. District Court for the District of Columbia issued the latest decision on the long-running matter of Rattigan v. Holder, a case which focuses on the nexus (connection) between discrimination law and security clearances.