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?
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.”