Security Review Proceedings FAQ

1. What is the purpose of the DCSA AVS personal appearance as part of the Security Review Proceedings (SRP)?

The purpose of the personal appearance is to afford individuals the opportunity to orally elaborate on your previously submitted written response to the LOI/SOR and present any new relevant documents or information not previously submitted in your written response. This virtual appearance is also intended to provide you with an opportunity to present a full picture of your situation before a final determination of national security eligibility is made that otherwise might only be available solely from a written response to the LOI/SOR to the Defense Counterintelligence Security Agency Adjudications and Vetting Services (DCSA AVS).  

2. Why is the process changing?

In April 2023, DoD made changes to existing security review proceedings for rendering unfavorable determinations regarding an individual’s eligibility for access to classified information or to occupy a national security position. These changes further standardize the process and provide additional opportunities for clarification during the process.

3. Who is affected by the new Security Review Proceedings?

The reforms apply to due process and appeals for all military service members’ and DoD civilian employees’ eligibility determinations, and any contractor personnel whose eligibility for access to Sensitive Compartmented Information (SCI) is adjudicated by DCSA. Cleared contractor personnel who are adjudicated for collateral access eligibility (Confidential, Secret, Top Secret), are not affected.

4. My SOR/LOI is dated prior to December 9, 2024, and I do not see an option to select a DCSA AVS personal appearance if my written response does not mitigate the concern(s). Can a new SOR/LOI be sent to me with the option to select the personal appearance?

No. Any SOR/LOI dated prior to December 9, 2024 will be processed under the legacy due process procedures. Only those SOR/LOIs issued on or after December 9, 2024 will be processed under the new Security Review Proceedings.

5. Am I required to have a DCSA AVS personal appearance?

No, individuals are not required to elect a virtual personal appearance; it is optional. Individuals may choose to respond in writing only or choose not to provide a response at all.

6. How do I request a DCSA AVS personal appearance?

Individuals can request a personal appearance through the Statement of Reasons Receipt and Statement of Intent (SOR/SOI) (Subject) page located in the SOR packet.  The SOI has been updated to require the individual to choose whether to submit a written response only or provide a written response in addition to requesting a DCSA AVS personal appearance should the concerns not be mitigated by their written response or elect to not to respond at all. If the individual elects a DCSA AVS personal appearance, they are required to provide their contact information to enable efficient scheduling of the DCSA AVS personal appearance. All DCSA AVS personal appearances are conducted via virtual platform. The SOI also notifies the applicant of the requirement to submit a written response before a DCSA AVS personal appearance can be scheduled.

7. Am I able to request a DCSA AVS personal appearance postponement?

Postponement or rescheduling of a DCSA AVS personal appearance will only be permitted due to circumstances beyond the individual’s control (i.e. personal emergency, sudden loss of power/internet connection on the day of the personal appearance).  In the event an individual has a circumstance beyond their control on the date of their scheduled DCSA AVS personal appearance, the individual should contact the DCSA personal appearance administrator who scheduled their DCSA AVS personal appearance.  All requests are subject to approval by the Senior Adjudicator who is scheduled to facilitate the DCSA AVS personal appearance.  

8. How do I attend my DCSA AVS personal appearance?

The DCSA AVS personal appearance is conducted on a virtual platform (Microsoft Teams).  The DCSA administrative scheduling POC will coordinate with the individual and their Security Management Office or Special Security Office (SSO) to test the virtual connection prior to the DCSA AVS personal appearance. If the individual requires Reasonable Accommodations (RA), the individual’s Security Management Office (SMO) will coordinate the needed accommodation. 

9. What equipment do I need to participate in my DCSA AVS personal appearance?

The individual will need a device with access to the internet, audio, and video (camera) capabilities. They will also need to ensure they have a private space (home or office) in which to conduct their virtual personal appearance. The SMO should ensure that the applicant has access to the appropriate needed technology for the DCSA AVS personal appearance. You will also need to present your government-issued ID at the beginning of the DCSA AVS personal appearance. 

10. Am I allowed to request a change in the format of the DCSA AVS personal appearance? (From virtual to in-person)

No. All DCSA AVS personal appearances are conducted virtually. There is not an option for in-person appearances with DCSA AVS.

11. If I need an interpreter, who will coordinate for the reasonable accommodation?

All requests requiring reasonable accommodations will be coordinated via the individual’s SMO or SSO.

12. Will the DCSA AVS personal appearance be recorded and if so, how do I secure a copy of the record of the DCSA AVS personal appearance?

The DCSA AVS personal appearance will not be recorded, nor can you record or transcribe the meeting yourself; however, a transcription of the meeting will be used in MS Teams and DCSA contractor administrative support will be present during the meeting to take notes. After the DCSA AVS personal appearance, a written summary of the meeting will be generated and becomes part of the official record. The individual may request a copy of the written summary of the DCSA AVS personal appearance. Instructions will be provided to the individual in DCSA AVS’ final determination letter. 

13. What happens if I do not attend my DCSA AVS personal appearance, or technical problems prevent me from accessing the DCSA AVS personal appearance at the scheduled date and time?

Postponement or rescheduling of a DCSA AVS personal appearance will only be permitted due to circumstances beyond the individual’s control (i.e. personal emergency, sudden loss of power/internet connection on the day of the personal appearance).  In the event an individual has a circumstance beyond their control on the date of their scheduled DCSA AVS personal appearance, the individual should contact the DCSA personal appearance administrator who scheduled their personal appearance.  All requests are subject to approval by the Senior Adjudicator who is scheduled to facilitate the DCSA AVS personal appearance.

If an individual fails to attend their DCSA AVS personal appearance, DCSA AVS will make a final determination regarding their clearance eligibility based on the information/documentation already received in the case.  

 

14. May I bring an attorney to the DCSA AVS personal appearance?

Yes – the individual is permitted to bring legal counsel or another personal representative to the virtual DCSA AVS personal appearance, at the individual’s own cost.  However, the individual must understand that the DCSA AVS personal appearance is an administrative process and not a legal proceeding or hearing.  The personal representative may provide advice and guidance to the individual, but the personal representative may only make limited comments in support of the individual’s statements and documents at the conclusion of the DCSA AVS personal appearance.   The individual is primarily and ultimately responsible for any oral presentation and for answering the Senior Adjudicator’s questions during the DCSA AVS personal appearance. There is no opportunity for the individual to present or cross‐examine witnesses, or to engage in discovery of documents beyond existing rights under the Privacy Act or Freedom of Information Act. 

15. Will I be allowed to have witnesses or support persons to assist with my DCSA AVS personal appearance?

Individuals may be accompanied by one other person (i.e. attorney or support person) to provide them with advice and guidance in a manner that does not disrupt the DCSA AVS personal appearance.  The individual is solely responsible for any oral presentation and for answering the senior adjudicator’s questions. 

16. Will I be able to speak with my attorney or support person during the DCSA AVS personal appearance?

The individual is solely responsible for any oral presentation and for answering the Senior Adjudicator’s questions. There is no opportunity for the individual to present or cross‐examine witnesses, or to engage in discovery of documents beyond existing rights under the Privacy Act or Freedom of Information Act. The individual may be provided brief periods of time during the personal appearance to speak with their attorney or support person. 

17. How will my attorney or support person appear at the DCSA AVS personal appearance?

The guest of the individual may appear on the camera with the individual, in the same room as the individual or remotely from the individual but dialed into the same virtual meeting. However, the guest cannot take the place of the individual during the session or speak on the individual’s behalf.  The individual must always be visible during the DCSA AVS personal appearance. 

18. What if I, or my attorney/support person, do not have a computer or smartphone capabilities?

The Security Management Office (SMO) or Special Security Office (SSO) should ensure the individual has access to the appropriate technology for the personal appearance.

19. Who will be present at the DCSA AVS personal appearance?

The DCSA AVS personal appearance is facilitated by a Senior Adjudicator representing DCSA AVS. Based on the nature of the information to be discussed, DCSA attorneys or representatives from legal behavioral health, and/or other subject matter experts may be present during the personal appearance. DCSA will use contractor administrative support to provide a written summary of the personal appearance for review, revision, and approval by the Senior Adjudicator. Individuals may bring one guest with them to the personal appearance, for support and guidance. This may be an attorney or other advisor hired at the individual’s own expense. The guest will serve only in an advisory capacity for the applicant and will not be permitted to present facts, arguments, or documents to the senior adjudicator facilitating the personal appearance.  However, the personal representative may make limited comments in support of the individual’s statements and documents at the conclusion of the DCSA AVS personal appearance.

20. Is there a dress code or attire guidelines for the DCSA AVS personal appearance?

There is no dress code.  However, individuals should refrain from wearing items that are not appropriate, including clothing that is soiled, torn, has holes, depicts potentially disparaging or offensive content, or promotes illegal activities.

21. How will violations of the DCSA AVS personal appearance policy be addressed?

If at any time the DCSA representative facilitating the DCSA AVS personal appearance deems the conduct of any participants, actively or inactively participating in the session, to impede the execution of the DCSA AVS personal appearance, the DCSA AVS personal appearance will be terminated, and adjudication procedures will proceed based on all the information/documentation available.

22. Is there any guidance or expectations related to the timeline for completion of the Security Review Proceeding process after the DCSA AVS personal appearance has been conducted?

Additional documentation, if needed, will be requested from the individual within 5 days of the completion of the DCSA AVS personal appearance. This documentation, if requested, will need to be provided to DCSA AVS within 30 days of receipt of the request. No extensions will be granted. DCSA AVS will make a final determination based on all available information and documentation as soon as practicably possible after the DCSA AVS personal appearance or final documentation/information has been received.  

23. Does my documentation have to be submitted to DCSA AVS before my personal appearance?

Upon notification of a scheduled DCSA AVS personal appearance, the applicant will be informed as to what documentation or information is needed by DCSA AVS prior to the DCSA AVS personal appearance. This requested documentation/information must be provided to DCSA AVS at least 7 calendar days before the DCSA AVS personal appearance. Documentation received less than 7 calendar days before the DCSA AVS personal appearance may not be reviewed until after the DCSA AVS personal appearance.

24. What if I change my mind about the DCSA AVS personal appearance, what happens to my case?

If the individual submits a written request to rescind their election of a DCSA AVS personal appearance or declines to appear at the scheduled date and time for the DCSA AVS personal appearance, DCSA AVS will proceed with making a final determination based on all the information/documentation available.  

25. What happens after my DCSA AVS personal appearance? 

Upon completion of the DCSA AVS personal appearance, additional documentation/information, if needed, will be requested from the individual within 5 days. This documentation/information, if requested, will need to be provided to DCSA AVS within 30 days of receipt. Upon receipt of the documentation/information, the adjudication process will continue, and a final determination will be rendered.  If the determination is favorable, DCSA AVS will notify the Security Management Office or Special Security Office, (whichever applies) and provide that office with a memorandum via DISS to notify the individual that the Security Review Proceeding (SRP) has concluded favorably. If the determination is to deny or revoke eligibility, DCSA AVS will notify the Security Office of the denial or revocation decision and provide that office with a memorandum via DISS to notify the individual. The individual is then afforded the right to appeal the DCSA AVS denial/revocation in writing to their Component Personal Security Appeal Board (PSAB) or elect to have a personal appearance hearing before a Defense Office of Hearings and Appeals (DOHA) Administrative Judge (AJ). If the individual elects the personal appearance hearing before a DOHA AJ, the AJ will make a recommendation about the individual’s denial or revocation. The DOHA AJ’s recommendation is subsequently forwarded to the PSAB for consideration. The PSAB makes the final determination of the individual’s appeal.