Civilian employees of the National Security Agency at Fort Meade work under a different set of rules than most federal workers. Many of the appeal rights other employees take for granted do not apply, and nearly every job depends on keeping a security clearance. A Maryland federal employee attorney who represents intelligence community employees has to work within those limits from the first conversation. Below are seven things NSA civilians should understand about discipline and clearances, followed by five Maryland law firms that represent federal and private-sector employees.
What should NSA civilian employees know about discipline and clearances?
1. Can you appeal a removal to the MSPB?
Usually not. Federal law at 5 U.S.C. § 7511 excludes NSA employees, along with employees of several other intelligence agencies, from the standard adverse action appeal rights most federal workers have before the Merit Systems Protection Board. Preference eligible veterans may be treated differently, so check your status. For most NSA civilians, discipline is challenged through the agency’s internal procedures, which makes the initial response even more important.
2. What process applies if your clearance is revoked?
Executive Order 12968 sets minimum due process for clearance denials and revocations. You are entitled to a written explanation of the reasons, access to the documents the decision relied on to the extent national security allows, a chance to reply in writing, and an appeal to a high-level panel of at least three members. Many agencies also allow a personal appearance. Deadlines are short, so read every notice the day it arrives.
3. Can an outside body overturn a clearance decision?
Generally, no. In Department of the Navy v. Egan (1988), the Supreme Court held that the merits of a clearance decision are committed to the executive branch. That means your strongest opportunity to keep a clearance is inside the agency’s own process, through a careful written response that addresses each concern and offers mitigation.
4. Can you still file a discrimination complaint?
Yes. NSA employees are covered by the federal EEO process, and you must contact an EEO counselor within 45 days of the discriminatory act. Classified information can complicate how evidence is handled, but it does not remove your right to raise discrimination, retaliation, or a denied disability accommodation.
5. Are you protected as a whistleblower?
Yes, but through different channels. Intelligence community employees are protected under 50 U.S.C. § 3234, and 50 U.S.C. § 3341(j) bars retaliating against a whistleblower by revoking or denying a clearance. Disclosures generally must go to the agency Inspector General, the Intelligence Community Inspector General, or the congressional intelligence committees. Unauthorized disclosures of classified information outside those channels are not protected.
6. What do you have to report on your own?
More than many people expect. Security Executive Agent Directive 3, known as SEAD 3, requires clearance holders to report events such as certain foreign contacts, foreign travel, and arrests. Failing to self-report can become its own security concern under the personal conduct guideline, even when the underlying event was minor.
7. How should you approach a polygraph or security interview?
Prepare as you would for any high-stakes interview. Admissions made during a polygraph or security interview can lead to clearance action or discipline. Answer truthfully and precisely, and talk with counsel beforehand if you are worried about how a past issue will come across.
Which Maryland law firms are near Fort Meade?
- The Mundaca Law Firm
- The Law Office of Justin Schnitzer
- Smithey Law Group
- Ellison Sadri
- The Law Firm of J.W. Stafford
1. The Mundaca Law Firm: Maryland Federal Employee Attorney
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Maryland office at 1997 Annapolis Exchange Parkway, Suite 300, in Annapolis. The firm represents federal workers at agencies across Maryland, including the NSA, the Social Security Administration, NIH, FDA, and military installations with civilian workforces.
For intelligence community employees, its practice includes responding to Statements of Reasons, representing employees in clearance hearings, and challenging clearance revocations and denials. It also handles disciplinary responses, EEO discrimination complaints, and whistleblower retaliation claims. Consultations are confidential.
2. The Law Office of Justin Schnitzer
This Pikesville office represents federal employees in workplace matters.
3. Smithey Law Group
An Annapolis firm that handles employment law matters.
4. Ellison Sadri
An Annapolis firm whose practice includes employment law.
5. The Law Firm of J.W. Stafford
A Columbia, Maryland firm that handles employment matters.
Why does early advice matter for NSA employees?
Because most of the protection available to an NSA civilian sits inside the agency’s own process, the first written response often decides the outcome. Read each notice carefully, meet every deadline, keep your self-reporting current, and route any disclosure through an approved channel. If you work at Fort Meade and are facing discipline or a clearance problem, a Maryland federal employee attorney can help you prepare a response that preserves your options.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
