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Posts Tagged ‘security clearance’

What If My Security Clearance Is Altered Revoked?

Friday, March 15th, 2019

Many federal jobs (civilian and military) require a specific level of security clearance. If your security clearance is revoked, or if the minimum clearance level changes, you stand to lose your current position and possibly your government career.

You do have remedies to appeal a change in security clearance status. You also have rights if you suspect your clearance was revoked or changed due to retaliation or discrimination. It is important to seek legal guidance immediately if your security clearance is in jeopardy.

What are the main reasons for revocation of security clearance?

Security clearance can be rescinded if your actions, associations or circumstances call into question your integrity or allegiance to the United States. The Adjudication Guidelines list 13 grounds for revocation, ranging from foreign influence to security violations.

Your security clearance can also be revoked for off-duty personal conduct that could compromise your judgment or loyalty. For example, a drug addiction or financial hardships could convince you to sell out your country. A sex scandal could make you vulnerable to blackmailers. And so on.

Why would my security level change?

The most common scenario is a job change or promotion associated with sensitive or classified information. But your security clearance can change even if you do not switch jobs. Your position could be reclassified at a higher clearance; for example, outside contracts or internal developments that justify higher scrutiny. In that event, you should be a given a grace period to apply for the higher clearance level.

If your clearance is revoked abruptly for vague reasons or if you are singled out for a change in security level, there may ulterior motives. It could be cover for discrimination, such as actions based on race, religion, national origin, disability or pregnancy. It could be retaliation by management for something you did, such as whistleblowing on fraud, making a sexual harassment complaint or filing a work injury claim.

Are you really a national security threat?

Your agency may provide a Notice of Intent to Revoke. This gives you an opportunity to dispute the revocation through administrative channels. If your revocation, suspension or change in security level is upheld, you may be able to appeal a security clearance decision to the Merit Systems Protection Board.

However, the MSPB does not have the authority to second-guess national security threats. The board can’t address the supposed reason for revocation; it can only gauge whether you were denied due process.

  • Was the security clearance decision arbitrary? Did it apply to others at your grade or in your department, or only to you?
  • Did the agency follow protocols in rescinding or changing your clearance? Can they state a specific reason?
  • Is there evidence of discrimination or reprisal?

The MSPB can reinstate your security clearance if it determines you were mistreated or that the clearance is a ruse. There is a short window to appeal an adverse action such as revocation of security clearance. Seek a lawyer who is familiar with federal employment law and the Merit System Protection Board.

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on March 21, 2019. Reprinted with permission.

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

Does security clearance expire?

Friday, September 21st, 2018

Once you are cleared to work for the federal government, the clock starts ticking on your security clearance.

If you stay in your job, you will have to be “reinvestigated” periodically. If you leave your federal agency or contractor job, your clearance can lapse in two years. As you move up the ladder, you may need to obtain a higher level of clearance.

The key is to know your clearance status and be proactive to retain clearance, upgrade or get reinstated.

When does security clearance lapse?

Confidential level clearance, the lowest security threat, is good for 15 years. Secret clearance lasts 10 years. Top Secret clearance must be reinvestigated (reauthorized) every 5 years. This assumes no incidents or allegations arise that would cause the government to scrutinize your clearance.

If you are separated from federal employment (voluntarily or involuntarily), your security clearance can lapse. If you resume work for another federal agency or a federal contractor within that time frame, your clearance is reactivated without an investigation. But if the clock expires, you will essentially have to re-apply for security clearance.

How long does it take to get cleared or re-cleared?

The background investigation accounts for the bulk of the processing period. Clearance for lower level jobs rely more on database searches, while positions with higher security involve interviews and other field work.

According to the National Background Investigations Bureau (NBIB), the average processing time for all security clearances in the defense industry is 325 days:

  • Secret and Confidential clearances average 259 days, and 220 days for reinvestigations.
  • Top Secret clearances average 543 days, and 697 days for reinvestigations.

Why does security clearance take so long?

The government clears about 4 million people per year, but that is not keeping pace with demand. There is an estimated backlog of 700,000 security clearance cases, about one-third of whom are federal contractors. Top Secret (TS) security clearances used to be performed in less than three months. Now even the most straightforward TS cases take a year or more.

The administration aims to shift all security clearance from the NBIB to the Department of Defense. Even if that is more thorough and efficient in the long run, such a huge transition will likely increase the backlog and chaos in the short term. Applicants will slip through the cracks. Hiring and advancement will be stymied. Agencies and defense clients will get restless.

The government is also shifting to “continuous evaluation,” rather than more labor-intensive field work, to manage clearance and renewals. This will ideally speed processing times and reduce the backlog, but again the growing pains will likely be felt by federal employees and contractors who get lost in the shuffle.

This blog was originally published by Passman & Kaplan on September 8, 2018. Reprinted with permission. 

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

 

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