Faced with a growing number of federal contractors requiring access to military computer systems and bases which require the use of a Common Access Card (CAC), the Department of Defense (DoD) issued DoD Instruction Number 5200.46. The instruction provides the adjudicative guidance for issuing a CAC to a federal contractor or civilian employee who does not otherwise require a security clearance.
The common situation involves an employee or contractor who has no need, and will never have a need, to access classified information but nevertheless needs base access or computer access on-base to perform some type of task – normally training or logging time. However, the contractor fails to meet the credentialing standards for a CAC issued by the U.S. Office for Personnel Management (OPM) after security investigation is conducted. The standards stem from Homeland Security Presidential Directive-12 (HSPD-12).
If the DoD component or the Department of Hearings and Appeals (DOHA) proposes to deny or revoke a CAC, it must issue the individual a written statement (also known as a Letter of Denial (LOD) or Letter of Revocation (LOR)) identifying the disqualifying conditions under HSPD-12 and summarizing the concerns. The individual then has 30 days to respond in writing addressing the concerns raised in the LOD or LOR. If the contractor is ultimately denied a CAC or has a CAC revoked, the contractor is entitled to a hearing before a judge from the DOHA, who will make a final determination regarding issuance of the CAC. If the individual is a new civilian or contractor applicant, they may appeal to a three-person board.
Attorney Patrick Korody is a former Navy JAG who has extensive experience fighting for government employees and contractors facing denial or revocation of a CAC. He offers a free consultation and represents federal employees and contractors worldwide. He may be reached at 904-383-7261.