Many federal employees have just left or will be leaving the federal government as a result of the new efforts to downsize the size of the federal workforce. This has happened through the Deferred Resignation Program, Probationary Terminations, Early Retirement (VERA), Discontinued Service Retirement (DSR), and Reductions-in-Force. Many departing federal employees still hold security clearances that can usually be reactivated after leaving. What is your next step? It turns out that you are likely to have many options to continue your cleared career should you decide to.

Leaving the Federal Government With a Security Clearance

Here are some items to consider when transitioning.

What Type of Security Clearance Do You Hold?

Many federal employees maintain security clearances. These often include Secret and Top-Secret security clearances. Some federal employees will also have Sensitive Compartmented Information (SCI) or other add-on security credentials. The good news is that if you are leaving as a result of the new programs to downsize the federal government, you will still retain your security clearance. Your security clearance can likely be used to obtain employment with a government contractor or another federal employer at the same cleared level. In other words, if you had a Secret clearance, look for cleared work at that level. You can always be upgraded later if your new employer thinks that would be useful.

What Happens with Security Clearance Reciprocity?

Given that affected federal employees will be leaving the federal government this year and with the ongoing implementation of Continuous Vetting (CV), a transfer of one’s security clearance to a new private sector position should generally go smoothly. Security Executive Agent Directive 7 (SEAD 7) provides helpful guidance from the Director of National Intelligence (DNI) on handling security clearance reciprocity.

Can a Private Sector Employer Reactivate a Security Clearance?

Yes. Security clearances and eligibility for sensitive national security positions can typically be reactivated by the same or different federal agency if 24 months have not elapsed since the security clearance went inactive and there are no new security concerns. This is not always a given. SEAD 7 states, subject to some exceptions: ”Agencies shall accept national security eligibility adjudications conducted by an authorized adjudicative agency at the same or higher level.”  Given that federal employees will be seeking work relatively soon as their departures will be happening this year, most individuals will not have an issue unless they have unadjudicated security concerns or need a new security clearance investigation.

Do you Have any Unadjudicated Security Concerns?

One question that could arise for some federal employees in transitioning is whether or not they are leaving with reported but unadjudicated security concerns. Some federal employees may have unresolved issues that can make the transition to a new cleared job more difficult. For instance, suppose that a federal employee is under investigation by a federal agency for misconduct (arrest, DUI, use of drugs), and the incident has been reported to security. If so, it may not be enough to affect your current federal employment before you leave, but it might need to be resolved before you can transition your security clearance to the private sector. SEAD 7 leaves the door open for agencies to request that individuals identify any changes since their last SF-86 submission.

Starting the Transition Process

I often tell my federal employee clients to start the cleared job search as early as possible and do so with a reputable organization. Finding the right cleared position can take some preparation, so it is important to use the time before they leave federal employment to plan for their new cleared job in the private sector. I often refer them to the ClearanceJobs website to start the job search process.

Final Thoughts

Many federal employees that I have been advising are considering whether to retire or continue their cleared careers as they leave the government. If you have a security clearance you should give some consideration to accepting your federal pension (if retiring) and still continue to work. Many opportunities arise for those with security clearances. It has often been the case that a reduction in federal employees has almost always resulted in an increase in the number of federal government contractors to perform the same tasks.

 

This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied.  Laws, regulations and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.

Related News

John V. Berry is the founding partner of Berry & Berry, PLLC, and chair of the firm’s federal employment and security clearance practice. Berry has represented federal employees and security clearance holders for over 26 years. Berry also teaches other lawyers about federal employment and security clearance matters in continuing education classes with different state bar organizations. You can read more about Berry & Berry , PLLC at berrylegal.com.