Freedom of Information Act for Withdrawn Interim Clearance?


#1

After taking a job offer from a defense contractor and after filling out my SF-86 form, I was granted an interim secret clearance. After waiting for a while, I was told the interim clearance was withdrawn. No reason was specified; apparently this is not given for withdrawal of an interim clearance (at least not initially). The information I was given by my company said that this does not mean I will be denied for the full (non interim) secret clearance, as it is still being processed.

I have read it may be possible to use the freedom of information act in order to find out the reason for the interim clearance withdrawl. Is this correct? I figured this might be a good indicator at whether I would need to hire a security clearance lawyer or otherwise start looking for another job. I don’t want to wait until after I am denied and not sure be sure if or how long I would be employed after that.

The clearance was DoD related. I’ve read the two possibilities here are Defense Security Service (DSS) or the Office of Personnel Management (OPM). What is the easiest way to determine which is conducting the investigation? I read I need to contact that respective agency if I file a freedom of information act.


#2

OPM has no input for non-OPM personnel/contractors for interim clearances. I am not sure sending an FOIA request to DoD would be productive. DoD/DSS might have simply decided not to grant an interim.

An interim is not necessarily denied - it is granted. The interim is supposed to be for mission essential work with a time factor. You might not have received an interim because your position did not warrant an interim.

The interim (and a security clearance) is not a right. They are used for the convenience of the government, not the employer or employee…

The really good news is that there were no immediate disqualifiers when they reviewed your submission for the interim. Agencies will “discontinue” (terminate) background investigations if they don’t want you. This saves funding when the discontinue is early in the process.


#3

As far as a DoD clearance is concerned, who is the right agency to submit a FOIA with? OPM, since they’re the ones who actually conducted the interview? This is in reference to an adjudicated clearance as I would like to have a copy of my investigation.


#4

OPM would hold your investigation ROI if they conducted the investigation.


#5

An interim is not necessarily denied - it is granted. The interim is supposed to be for mission essential work with a time factor. You might not have received an interim because your position did not warrant an interim.

I originally did receive an interim secret clearance (and was allowed access to a classified area), but it was since withdrawn. The “full” secret, non interim, clearance is still being processed. Thus I am more concerned than I would be if I was never granted it in the first place. A friend of mine guessed that maybe I exceeded a max time frame (as I think you mentioned) as my clearance was taking a long time to process, but I really don’t know – this is why I was interested in finding out why if possible.

OPM has no input for non-OPM personnel/contractors for interim clearances. I am not sure sending an FOIA request to DoD would be productive. DoD/DSS might have simply decided not to grant an interim.

I understood you can get a copy of your investigation, at the very least. I remember seeing a website or forum that suggested getting this for an interim clearance withdrawl, but I cannot seem to find it again at the moment.


#6

You first have to have had an investigation to submit a FOIA. From what you are saying you were never interviewed. So ANY agency is going to respond with. NO INFORMATION.


#7

If you want to try - send the FOIA to the Agency you requested your clearance. Google " Freedom of Information act address". You should find the address and instructions.


#8

Did you ever get a reason?