The bottom line question is for the DOD - are there any stats on how many Bond Amendment waivers are issued per year? I know they are rare but having some idea would be helpful. I did thoroughly search this site - which is excellent BTW there is nothing like it anywhere else - and only found 2-3 reference cases that did not relate to the circumstances I have in mind.
The waiver is pre-DOHA decision. Are there are any stats on #s of applications to DOHA to overturn a Bond waiver rejection and the success rate of said applications at DOHA?
[Side issue - how many DOHA judges/courts are there?]
I searched this topic and found that ‘willam-henderson’ and ‘Marko’ both seem to be up on this topic area. So if moderators could point this to them if at all possible I’d be grateful.
Additional note, the case in question has strong mitigating factors in multiple categories as outlined at SEAD 4.
We were surprised when the case was denied at the outset. I did not get an interim - fully expected - and is in process now. We assumed it would be rejected outright.
Any insights, results, references, suggestions very welcome.
Thank you.
For the Bond Waiver uninitiated, please see this brief background:
Public Law 110-181, Section 3002 – commonly known as the “Bond Amendment” – prohibits federal agencies from granting security clearances to individuals who have been convicted of a crime and incarcerated for more than one year to the day. There is a meritorious waiver process available for individuals who have been incarcerated for more than a year, but getting one is rare and often requires a significant lapse of time – perhaps a decade or more – since arrest. The regulations state “adverse information concerning a single criterion” can be determined to be insufficient “for an unfavorable eligibility determination”.
A Bond Amendment waiver is defined as
“when an adjudicator would have arrived at a favorable decision but for a Bond Amendment disqualification, the adjudicator may grant a meritorious waiver if deemed appropriate.” The waiver grants eligibility “despite the presence of a substantial issue information that would normally preclude eligibility. Approval authorities may approve a waiver only when the benefit of initial or continued access clearly outweighs any security concerns.”
