FAS

Foreign Influence and Security Clearance Determinations

07.11.06 | 1 min read | Text by Steven Aftergood

The House Government Reform Committee will hold a hearing July 13 on the role that considerations of foreign influence play in decisions to grant or deny security clearances for access to classified information.

One of the principal considerations leading to denial of a security clearance is when the applicant has relatives or relationships or other ties abroad in countries of concern, and particularly in the Middle East and the Far East.

This approach, if applied too rigidly, can be counter-productive since the best linguists and the most accomplished area experts will almost invariably have “relationships” of one kind or another with persons in their region of expertise.

But the process for adjudicating disputes over clearances seems distinctly skewed against the applicant.

In a new report (pdf), attorney Sheldon Cohen identified a peculiar anomaly in the performance of the Defense Office of Hearings and Appeals (DOHA), which rules on disputed clearance matters for the Defense Department. In the large majority of disputes presented to it, he found, DOHA has consistently ruled against the applicant.

“If Department Counsel appeals a decision granting a clearance, it is virtually assured that the Appeal Board will reverse. Yet, if an applicant appeals a decision involving a foreign connection denying a clearance, the Appeal Board will assuredly affirm the denial,” found Cohen, who specializes in security clearance cases.

See “Appeal Board Decisions of the Defense Office of Hearings and Appeals: Are They Arbitrary and Capricious?” by Sheldon I. Cohen, July 10, 2006.

publications
See all publications
Government Capacity
Press release
FAS Position on “Schedule PC” and Impact on Federal Scientists

If this proposed rule were enacted it would have deleterious effects on government workers in general and federal researchers and scientists, specifically.

05.20.25 | 3 min read
read more
Government Capacity
Blog
Proposed “Schedule Policy/Career” Rule is Open For Comment Now, and If Implemented Could Significantly Change How Decisions Are Made

When we introduce “at-will” employment to government employees, we also introduce the potential for environments where people are more concerned about self-preservation than service to others.

05.20.25 | 3 min read
read more
FAS
Policy Memo
Agenda for an American Renewal

There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.

05.15.25 | 13 min read
read more
Global Risk
Press release
Nuclear Notebook: Russian Nuclear Weapons 2025 Federation of American Scientists Unveils Comprehensive Analysis of Russia’s Nuclear Arsenal

Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.

05.13.25 | 3 min read
read more