Sometimes you don’t lose a security clearance – you just enter the messy world of security clearance limbo. That’s what happens when an individual enters a security clearance loss of jurisdiction status. In those cases, the security clearance hasn’t actually been denied – but eligibility isn’t active, either.
ClearanceJobs recently chatted with William Henderson, a retired federal investigator and owner of the Federal Clearance Assistance Service. He discussed how individuals can find themselves in a LOJ status, and what can be done about it.
“A Statement of Reasons explains to the applicant why the government isn’t going to grant a security clearance, or is going to revoke one, and those reasons are tied to the 13 adjudicative criteria listed in the national security adjudicative guidelines,” said Henderson.
A SOR issued to an applicant or clearance holder outlines why the government has decided not to issue the clearance. But sometimes the issues aren’t clear to an applicant, and that’s the case when a security clearance enters into a Loss of Jurisdiction status – something that is more common with the intelligence community, Henderson notes.
“The high side intelligence agencies often tell their building security office that they’re about to deny a clearance. In those cases the building security officer pulls the building pass. That then usually results in employment termination, because the applicant can no longer get to their work site,” said Henderson.
Because the applicant’s badge access and ability to do the job have already been revoked – just on the suggestion that a denial is imminent, the applicant is typically fired (because you can’t keep your job if you can’t get into the building). The security clearance investigation stalls out rather than being adjudicated.
“Then the intelligence community no longer has to follow-through with the Statement of Reasons,” said Henderson. “There is very little that can be done by the applicant.”
Another contractor or government agency has to pick up the investigation – the applicant can’t get the clearance adjudicated on his or her own.
“It’s important to understand why loss of jurisdiction occurs – sponsorship has been withdrawn, and they no longer require a security clearance,” said Henderson. “Adjudicative agencies feel that it would be a waste of money to do that when there is no clearance required.”
What an Applicant Can Do
The biggest step the individual can take if they enter into a LOJ status is to request a copy of their investigation using a privacy act request. In the background investigation or Defense Information System for Security (DISS) record, it should indicate why the LOJ status occurred – if it was something the applicant had control over, or if it’s something that could be easily mitigated.
“One of the things about security clearances is if something adverse is going on the applicant needs to find out exactly what it is,” said Henderson. “And generally the only way to do that [for someone who isn’t currently employed using their clearance] is to submit privacy act requests.”
Henderson noted several cases where a LOJ occurred and the issue was able to be mitigated. One common example that can occur in the contract community is for an individual to have a periodic reinvestigation in process when a contract is terminated – the investigation enters into a LOJ status, because a pending investigation wasn’t completed. That’s one area where the implementation of continuous vetting should help – a case in the CV/CE program would not result in the same LOJ status.
A LOJ doesn’t need to sideline your security clearance career. But taking steps to find out what, if any, adverse information lead to the limbo, and addressing them, is key.
