Security clearance reciprocity is a government policy that allows security clearance holders to move between government agencies without undergoing redundant security clearance investigations. By expediting the process of obtaining a new security clearance at a new agency, reciprocity enhances national security without essentially requiring a “do over” investigation that was previously approved by a different agency. This saves on costs to the government and time lost in a new position. However, the reciprocity process can be complicated, and it doesn’t always work as intended.
Purpose of Security Clearance Reciprocity
The primary goal of security clearance reciprocity is to make it easier to enable a federal employee, member of the military or government contractor to transfer a security clearance from one agency to another, provided certain conditions are met. Reciprocity, when it works, avoids unnecessary delays in mission-critical work and helps conserve government resources. Furthermore, it makes life a lot easier for security clearance holders who do not have undergo a new investigation before beginning work when they already have one.
What Governs Reciprocity?
Security clearance reciprocity is governed many government laws, executive orders, rules and regulations. These start with Executive Order 13467 (EO 13467) which provides that government agencies should use reciprocity for security clearances. Security Agent Executive Directive 7 (SEAD 7) implements EO 13467 reciprocity rules and provides specific criteria for accepting prior investigations and adjudications. Additionally, Section 3001 of the Intelligence Reform and Terrorism Prevention Act requires the timely processing of security clearances and encourages reciprocity unless disqualifying information exists.
7 Examples Where Reciprocity May Not Be Possible
In some cases, reciprocity isn’t available. Below are some examples when an individual’s existing security clearance may not be eligible for reciprocity and where gaining agencies may need to conduct additional security clearance processing.
- You are seeking to move to a higher-level security clearance;
- Your existing security clearance was granted on an interim, limited, or one-term basis;
- The date of your last investigation, upon which your existing clearance is based, is older than seven years for Top Secret, 10 years for Secret, and 15 years for Confidential;
- The position for which you are being considered requires a polygraph examination (which was not the case for the earlier security clearance) or a different type of polygraph than you had taken for the prior agency;
- Your existing security clearance was based on an exception to standards (Appendix C, SEAD 4);
- The position for which you are being considered has Special Access Program (SAP) requirements (SAP access is treated very differently by each agency); or
- You are currently cleared at the Confidential or Secret level clearance, and the position for which you are being considered requires a Top-Secret level clearance.
How Does Reciprocity Work?
Reciprocity comes into play when the cleared individual seeks to move to a different agency. The individual will seek reciprocity for their existing security clearance with the new agency. The gaining agency’s security office will check your eligibility in databases such as the Defense Information System for Security (DISS) or Scattered Castles (Intelligence Community clearances) and begin the process.
The gaining agency will then conduct a review of the adjudicative decision made by the original granting agency. If no flag or disqualifying information is present they will likely honor the prior adjudication. If issues are discovered, the gaining agency may request additional information or simply deny reciprocity. If there are no issues, the individual’s clearance will transfer and you will be given reciprocity.
Final Thoughts
Security clearance reciprocity is intended to enhance efficiency while upholding strict security standards. Guided by EO 13467, IRTPA, SEAD 7, and related policies, it establishes a legal framework for the mutual recognition of adjudicative decisions across federal agencies. However, its effectiveness remains challenged by inconsistent implementation, and agency-specific requirements. Reciprocity often works smoothly and other times there are major problems. Many issues cannot be predicted accurately. If you find yourself stuck, please reach out to a security clearance lawyer for advice or assistance.
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.
