No matter how long you’ve held a clearance or worked in the defense industry, you may still run into obstacles (ahem…COVID-19) while finding your next job requiring a security clearance.
A subscriber to the ClearanceJobsBlog was scheduled for a polygraph exam after taking a leave of absence due to the pandemic:
I have been cleared with a TS/SCI (w/FSP) for more than 10 years. (Initial clearance was granted in 2007.) After the COVID debacle, I took a leave of absence to take care of my kid. Long story short, while looking for a new job, I discovered that my clearance wouldn’t cross to any new contracts and that I had submitted for an initial investigation. According to the security folks, my clearance was still active, but required adjudication before it would cross.
My new BI was completed in early September 2020 and I have just been scheduled for a FSP. So, what is next in the process? Assuming results of the poly are favorable, any idea how long before I am adjudicated? Am I looking at weeks…months? I know COVID has delayed things, so I’m just looking for an estimated based on normal circumstances.
CORRECT TERMINOLOGY
As soon as you leave your cleared billet where you were using your TS/SCI on contract, your clearance is technically no longer active. But you should still be able to readily transition into a new career once you pass your Full Scope Polygraph exam and finish the application process with your potential employer. This candidate most likely let their FS Poly lapse over the decade they were cleared, because polygraphs are valid for a period of two years.
Usually, a security clearance remains current for two years following your departure from the cleared position. This candidate should have no problem moving into a cleared position with a September 2020 investigation date.
Unless there is an incident record (IR) preventing them from obtaining a new cleared role due to an ongoing investigation, they should be in the clear (and it sounds like their potential employer has already passed the point of checking on their very recently updated personnel record with no red flags).
If you are in a similar situation, you should be able to note in your applications that your security clearance is current – which should not cause any issues in adjudication, employer onboarding and agency indoctrination.
TIMELINES & PROCESSES
The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) has Title III lined out specifically for security clearances. IRTPA requires adjudicating agencies to make a determination within 20 days of receipt of investigation, but only for the background investigation cases that have minor issues and will not require follow-up.
Sean Bigely, security clearance attorney states, “The cold, hard truth is that unless you happen to be a high-level political appointee or you’ve led a very vanilla existence for the past ten years, there is no such magical formula.”
If it surpasses the above timeline and you are starting to get anxious or frustrated, there could be something in your background holding it up, whether that be financial considerations, family from other countries, or personal/criminal conduct, among other things from the adjudicative criteria. While the coronavirus has impacted the background investigations process, the Defence Counterintelligence and Security Agency has noted investigations are still moving forward within timelines, and adjudication times are also within benchmarks.
If you are facing delays and can handle it no longer, you could try a congressional inquiry. Sometimes a congressional representative push could do the trick – but we would encourage you to maintain your patience, and maybe wait longer than the approximate 20-day period.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
