ABA Review of Clearance Demand, Reform

In a March 2005 article (unavailable online) titled “Security Clearance Backlog Can Result in More Work, More Challenges for Lawyers,” the ABA Journal of the American Bar Association reviewed pending changes in security clearance investigations and their impact.

The backlog of investigations for security clearances had been increasing steadily in past decades, as did work for lawyers helping corporations and individuals get them.

Then came Sept. 11, 2001.

Now, security clearance investigations are more stringent and more numerous, driven by demand from a ramped-up defense industry and the new Department of Homeland Security. Backlogs have ballooned, and workers with the prized clearances are in short supply. But there is no shortage of work for their lawyers…

Among the points raised in the article:

• The number of security clearance requests increased from 410,000 in 2001 to 600,000 in 2003;
• Investigators look for trust and loyalty when assessing clearance applicants;
• There has been an increase in instances of “foreign influence” affecting clearance decisions;
• Courts continue to yield to the Executive Branch in clearance matters

Filed Under: Reform, Adjudication, Commercial Services, Career