On February 6, 2026, the Department’s General Counsel rescinded the authority underlying the Defense Counterintelligence and Security Agency’s personal-appearance program, found that the program was legally deficient, ordered DCSA to suspend all personal-appearance hearing functions immediately, and directed affected cases to the Defense Office of Hearings and Appeals (DOHA)—the Department office that now conducts the personal appearance and issues a written recommendation to the appropriate component Personnel Security Appeals Board (PSAB).

The memorandum also states that decisions issued by DCSA based on the record of its own personal-appearance hearings are void and directs DCSA to identify and refer those cases to DOHA for review.

This does not mean every affected person automatically receives a favorable clearance decision. It does mean that pending cases and prior DCSA personal-appearance cases may require different processing, review, or corrective action depending on their individual posture.

If your notice still describes an appearance before a DCSA senior adjudicator—or if DCSA already conducted your personal appearance—do not rely exclusively on older webpages or instructions. Preserve every document, confirm the present status of your case, and follow the most recent written direction issued specifically to you.

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Investigation · Personnel Security · Adjudication · DOHA · Hearings · Appeals

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This article addresses a rapidly developing procedural change. Your notice, subsequent correspondence, component instructions, and current case status control your individual matter.

What Changed on February 6, 2026?

The February 6 memorandum made five central changes:

  1. It found the DCSA personal-appearance program legally deficient.
  2. It rescinded the October 23, 2024 authorization underlying that program.
  3. It ordered DCSA to suspend all personal-appearance hearing functions immediately.
  4. It directed DCSA to refer personal-appearance cases to DOHA for further processing.
  5. It declared decisions based on DCSA’s own personal-appearance proceedings void and required those cases to be identified and referred to DOHA for review.

The change is significant because DCSA had been conducting personal appearances under a procedure introduced as part of the Department’s 2024 due-process and appeals reforms. Under that procedure, some military members and DoD civilians were directed to appear before a DCSA senior adjudicator before or in connection with an eligibility determination.

The February 2026 memorandum concluded that DCSA could not lawfully perform that role because DCSA is the government’s primary background-investigation entity. The governing executive order requires the personal appearance to occur before an authority other than the investigating entity.

The General Counsel also identified additional deficiencies in how DCSA implemented the program, including concerns involving:

  • use of the standard Statement of Reasons template;
  • the right to counsel;
  • the ability to present witness testimony;
  • timely access to the evidence underlying the proposed denial or revocation; and
  • the authority of officials issuing post-SOR eligibility determinations.

Read the February 6, 2026 General Counsel memorandum

What Is the Current Personal-Appearance Structure?

DOHA’s current program page explains that military personnel and covered civilian employees may appeal certain DCSA determinations involving security-clearance eligibility, classified access, or assignment to sensitive duties.

When the individual elects a personal appearance:

  1. DOHA assigns an administrative judge.
  2. The judge conducts the personal appearance and develops the evidentiary record.
  3. The judge issues a written recommended decision to the PSAB associated with the individual’s military service or DoD component.
  4. The component PSAB makes the final administrative appeal decision.

The DOHA judge does not make the final decision in this military and DoD civilian process. That is different from the ordinary industrial-security process for most defense-contractor employees, in which a DOHA administrative judge decides the case after a hearing and the DOHA Appeal Board reviews qualifying appeals.

Review the official DOHA Personal Appearance Program

The 2026 Change at a Glance

Issue Former DCSA program Process after the February 6, 2026 directive
Office conducting the personal appearance. DCSA senior-adjudicator process DOHA administrative judge
DCSA hearing authority Based on the rescinded 2024 authorization Suspended effective immediately
Result of the appearance DCSA issued decisions through its own process DOHA issues a recommendation
Final administrative appeal decision Depended on the prior DCSA structure and case posture The appropriate component PSAB decides
Pending cases May have been awaiting DCSA processing Directed to DOHA for further processing
Prior DCSA personal-appearance decisions Issued under the former program Declared void if based on DCSA’s own personal-appearance record and referred for review

Important: “Void” does not necessarily mean “automatically decided in the individual’s favor.” The memorandum creates a review and remediation process. What happens next depends on whether the prior result was favorable or unfavorable, whether due process was denied, and what DOHA determines after review.

What Happens to Cases That Were Pending at DCSA?

The memorandum directs DCSA to stop conducting personal appearances and refer cases to DOHA for further processing. A person whose appearance had been requested, scheduled, postponed, or not yet held may therefore receive new correspondence, new scheduling information, or instructions from DOHA or another responsible office.

If your DCSA personal appearance had not yet occurred:

  • do not assume the appeal was cancelled;
  • do not assume an existing deadline was automatically extended;
  • preserve the original notice and election form;
  • preserve proof of when each document was received;
  • retain all communications concerning scheduling or referral;
  • ask for written confirmation of the current office handling the case; and
  • continue developing the evidence and testimony required to answer the unresolved concerns.

The referral changes the office conducting the appearance. It does not erase the underlying SOR, prior response, adverse determination, or unresolved adjudicative issues.

Learn how NSLF prepares a DOHA personal-appearance case

What If DCSA Already Conducted Your Personal Appearance?

The February 6 memorandum states that any decision issued by DCSA based on the record of its own personal-appearance hearing is void. It directs DCSA’s General Counsel to identify those cases and refer them to the Director of DOHA for review.

The next step depends in part on the result of the former DCSA proceeding.

If DCSA Decided Against You

For a case resolved against the individual, DOHA is directed to review whether the person was denied due process under the governing authorities. If the Director of DOHA determines that due process was denied, the memorandum directs DOHA to identify an appropriate remedy and notify the affected individual that the remedy is available.

That language does not promise a particular remedy or a favorable clearance decision. Depending on the case, the remedy could involve additional process rather than immediate restoration of eligibility or access.

If you received an unfavorable determination after a DCSA personal appearance:

  • preserve the hearing notice and any recording, transcript, or notes;
  • preserve the decision and proof of receipt;
  • identify whether you were allowed counsel;
  • identify whether you received the evidence being used;
  • identify whether you were permitted to present witnesses and documents;
  • document any request you made that was denied or not answered;
  • save all later correspondence concerning review or referral; and
  • do not miss any current appeal or response deadline while waiting for clarification.

If DCSA Decided in Your Favor

The memorandum also directs DOHA to review cases resolved in the individual’s favor for legal or other error that may impair national security. If the Director of DOHA finds a reasonable likelihood that national security was impaired, DOHA may convene a new hearing based on the original SOR.

This means a favorable result under the former DCSA procedure should not automatically be treated as immune from review. If you receive notice that a favorable case is being reopened or referred, obtain the written basis, preserve the complete prior record, and evaluate whether new evidence or renewed hearing preparation is required.

Does the Memorandum Automatically Restore Your Clearance or Access?

No.

The memorandum addresses the legality and operation of DCSA’s personal-appearance program. It does not automatically grant security-clearance eligibility, restore classified access, return someone to sensitive duties, reverse a suspension, or reinstate employment.

The memorandum expressly preserves a component head’s authority to deny or suspend access to classified information or Special Access Programs, including Sensitive Compartmented Information, when the component determines that access would be inconsistent with protecting national security.

Several distinct decisions may exist in the same matter:

  • national-security eligibility;
  • access to classified information;
  • SCI or Special Access Program access;
  • assignment to sensitive duties;
  • duty status or military assignment;
  • civilian employment status; and
  • a separate adverse personnel action.

Correcting the personal-appearance procedure may not automatically reverse every related action. Each decision, authority, notice, and potential remedy should be identified separately.

What If Your Notice Still Says “DCSA Personal Appearance”?

Do not ignore it, and do not assume it is automatically invalid in every respect.

A notice may have been generated before the February 6 directive, may contain language that was not updated, or may reflect a transitional procedure. The proper response depends on the document’s date, the issuing authority, later correspondence, and where the case currently sits.

Review the entire notice for:

  • the determination being proposed or taken;
  • the right being offered;
  • the deadline for electing an appeal;
  • where the election must be submitted;
  • whether the notice offers a written appeal, personal appearance, or both;
  • whether DOHA or a component PSAB is identified;
  • whether a hearing has already been scheduled;
  • whether the matter involves eligibility, access, sensitive duties, SCI, or employment; and
  • whether later instructions replace or modify the original notice.

If the language conflicts, request clarification in writing. Unless a responsible authority confirms otherwise, do not assume that uncertainty stops the deadline.

Does This Affect Defense Contractors?

Usually not in the same way.

The suspended DCSA personal-appearance program concerned due-process procedures for covered service members and DoD civilian employees. Most defense-contractor collateral-clearance cases proceed under the industrial-security process governed by DoD Directive 5220.6. In that process, a DOHA administrative judge generally issues the hearing decision, subject to review by the DOHA Appeal Board.

Contractors can still encounter jurisdictional complications, especially in matters involving SCI, component-controlled access, or a change in employment status. The case documents—not the job title alone—should be used to identify the correct process.

Learn about contractor DOHA representation

Written PSAB Appeal or DOHA Personal Appearance After the Change?

Depending on the notice and governing procedure, a military member or DoD civilian may be able to elect either a direct written appeal to the component PSAB or a personal appearance conducted by DOHA.

Neither option is always better.

Direct written PSAB appeal DOHA personal appearance
The PSAB reviews the written record and appeal submission. A DOHA judge develops an additional hearing record and recommends an outcome.
No live testimony. The appellant answers questions and testimony is transcribed.
Legal argument and documentary evidence carry the presentation. Testimony, credibility, witnesses, exhibits, and questioning may become central.
May be preferable when documents establish mitigation or error. May help when credible testimony can resolve disputed facts or context.
Avoids the risk of harmful live testimony. Creates both the opportunity and risk of live testimony.
The PSAB makes the final decision. The PSAB still makes the final decision.

The election should follow a review of the SOR response, adverse determination, documentary record, credibility issues, available witnesses, and the individual’s ability to testify consistently under questioning.

Compare a written PSAB appeal with a DOHA personal appearance

What Should Affected Individuals Do Now?

1. Preserve the Complete Procedural Record

Keep the SOR or LOI, response, exhibits, denial or revocation notice, appeal-election form, hearing notice, correspondence, transcript or recording, DCSA decision, and proof of receipt. Do not discard a document because it appears outdated.

2. Identify the Exact Posture of the Case

Determine whether the appearance was merely offered, elected, scheduled, completed, awaiting decision, or followed by a favorable or unfavorable DCSA decision. The next step differs at each stage.

3. Confirm Who Currently Has the Case

Ask whether the matter remains with DCSA, has been referred to DOHA, is before a component PSAB, or requires a new election or submission. Seek written confirmation.

4. Protect Every Existing Deadline

Do not assume the February memorandum automatically extended your time. Follow the most recent written instructions unless and until the responsible authority modifies them.

5. Audit the Existing Record Before Adding Anything

New correspondence, declarations, or testimony should be checked against the SF-86, investigative interview, SOR response, and earlier evidence. A rushed attempt to explain the procedural problem can create a substantive credibility problem.

6. Prepare for the Procedure That May Follow

If the case is referred for a DOHA personal appearance, prepare the evidence, witnesses, and testimony. If the matter proceeds as a direct PSAB appeal, develop the written legal and evidentiary record. If DOHA is reviewing a prior DCSA decision for due-process error, identify the specific process that was denied and the resulting prejudice.

Review all security-clearance appeal services

Why This Procedural Change Makes Record Control Even More Important

An affected case may now pass through multiple offices: DCSA, DOHA, the military service or DoD component, and a component PSAB. Each new decision-maker may receive and reuse the same underlying documents.

That makes consistency critical. The SF-86, investigative interviews, SOR response, DCSA personal-appearance record, new DOHA testimony, documentary evidence, and written appeal should tell one accurate and supportable story.

The government evaluates the case from multiple sides. Effective representation should do the same—examining how investigators developed the concern, what adjudicators considered unresolved, how a judge may test credibility, and what the PSAB will need to support a final decision.

National Security Law Firm’s security-clearance team includes former government adjudicators, a former federal Administrative Judge and Acting Chief Judge who decided clearance cases, an attorney with direct experience inside DOHA, former senior intelligence counsel, and experienced hearing counsel. When the matter warrants it, the assigned attorney can draw on NSLF’s Attorney Review Board to test the case from those different perspectives.

Learn why the record controls a security-clearance case

Learn how the NSLF Attorney Review Board works

Frequently Asked Questions About the 2026 DCSA Personal-Appearance Suspension

Was the DCSA personal-appearance program suspended?

Yes. The February 6, 2026 General Counsel memorandum directed DCSA to suspend all personal-appearance hearing functions immediately and refer cases to DOHA for further processing.

Why was the program suspended?

The memorandum concluded that DCSA is the government’s primary background-investigation entity and therefore could not provide the independent personal appearance required by the governing executive order. It also identified deficiencies involving counsel, witnesses, evidence disclosure, SOR procedures, and appointment authority.

Did the memorandum cancel the 2024 authorization?

Yes. It rescinded the October 23, 2024 memorandum that authorized the DCSA implementation.

Are decisions from DCSA personal appearances void?

The memorandum states that decisions issued by DCSA based on the record of its own personal-appearance hearings are void and directs DCSA to identify and refer those cases to DOHA for review.

Does “void” mean my clearance is automatically restored?

No. The memorandum directs review and appropriate remediation; it does not automatically grant eligibility or restore access, employment, assignment, SCI, or program access.

What happens if DCSA decided against me?

DOHA is directed to review unfavorable cases for denial of due process. If DOHA determines that due process was denied, it must identify an appropriate remedy and notify the affected individual. The memorandum does not specify one automatic remedy for every case.

What happens if DCSA decided in my favor?

DOHA is also directed to review favorable cases for legal or other error that may impair national security. If the Director of DOHA finds a reasonable likelihood that national security was impaired, a new hearing based on the original SOR may be convened.

Who conducts personal appearances now?

DOHA administrative judges conduct personal appearances under the current program described by DOHA. The judge issues a written recommended decision to the PSAB associated with the appellant’s component.

Who makes the final decision?

The component PSAB makes the final administrative appeal decision. In this process, the DOHA judge recommends; the PSAB decides.

Should I wait for the government to contact me?

Do not remain passive if a deadline is approaching or the status is unclear. Preserve the record, comply with current written instructions, and request written clarification from the responsible office. Do not assume the procedural change automatically pauses a deadline.

Does the change apply to contractor DOHA hearings?

The suspended DCSA process is distinct from the ordinary industrial-security hearing process used for most defense-contractor clearance cases. Review the notice and applicable authority to confirm jurisdiction.

Can I choose a written appeal instead of a personal appearance?

The governing procedure may offer a direct written appeal to the component PSAB, a DOHA personal appearance, or another route. The notice and current component instructions control.

When was this article last reviewed?

This article was reviewed on September 4, 2026. Because implementation may continue evolving, check the most recent official instructions and correspondence governing your case.

Official Resources

Do You Have a Pending or Prior DCSA Personal-Appearance Case?

The procedural change may affect what happens next, but the answer depends on the exact posture of your case. National Security Law Firm represents military members and DoD civilians in PSAB appeals, DOHA personal appearances, and related security-clearance proceedings nationwide.

To help us evaluate the matter, send:

  • the complete SOR, LOI, denial, or revocation notice;
  • every appeal or personal-appearance election form;
  • the prior response and supporting exhibits;
  • the date and method by which each decision was received;
  • all DCSA hearing notices, recordings, transcripts, or decisions;
  • any DOHA referral or scheduling correspondence; and
  • all later communication from DCSA, DOHA, your security office, command, or component.

Your Notice Controls. Your Existing Record Still Matters. Confirm the Current Process Before You Act.

Attorney review: Katherine O’Brien
Last reviewed: September 4, 2026

This article provides general information about a developing procedural issue and is not legal advice. The facts, notices, governing authority, and implementation status of each case may differ. Viewing this page or contacting the firm does not create an attorney-client relationship. This website is attorney advertising.