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This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
Our security clearance lawyers represent government contractors and federal employees before the National Security Agency (NSA) in security clearance (and employment cases). The NSA is an intelligence agency with its own unique security clearance process under Security Executive Agent Directive 4 (SEAD 4). This article discusses the appeals process for government contractors at the NSA for security clearance and Sensitive Compartmented Information (SCI) access denials or revocations.
The Security Clearance Process at the NSA
The security clearance appeals process at the NSA is similar to those used by other federal (and intelligence) agencies, with its own unique features. The following are the usual steps at the NSA in the security clearance or SCI review process for government contractors.
1. Revocation or Denial of Security Clearance/SCI Letter Issued by NSA
When a government contractor has a security clearance or SCI access denial or revocation with the NSA, they will receive a letter that provides the background and security clearance concerns in a case. The letter is referred to as a Clearance Decision Statement and will then state that the contractor is given 45 days from receipt of the letter to respond to the alleged security concerns. The investigative file, upon which the denial is based, will often be attached to the NSA letter to facilitate a response by the contractor. With other intelligence agencies, an individual must usually first request the investigative file. The investigative file will usually include documents, reports, interviews, or other items relevant to the NSA’s security concerns at issue. Our security clearance lawyers typically represent contractors starting with this first step.









