Can my employer submit me for a TS re-investigation if I'm on a Public Trust contract?


#1

I have a Top Secret clearance but have been slotted into a Public Trust position by my contracting employer.

My last TS re-investigation date was Dec 2012. If I’m still on a Public Trust contract at the 6 year TS re-investigation mark (Dec 2018), does my employer have the power to submit me for a TS re-investigation?


#2

You cannot retain a clearance if you are in a position that does not require it. That is an ODNI directive!. After 24 months of non-active clearance status you would would have to start from scratch. If your last investigation was over 7 years ago you would start from scratch.


#3

If that employer also has a contract requiring TS clearance AND they can somehow justify putting you in for it, they could do that. However there is more scrutiny given to such situations these days and it seems to vary from customer to customer, even from contract to contract.

If the company has a sizable amount of work requiring TS and can reasonably expect to be continuing to get work, then it might be possible. I know at my employer that’s how they justify continuing to put folks in for TS clearances, especially for periodic reinvestigation of an existing TS. But every once in a while the word comes down to do a “scrub” and some people get administratively downgraded to Secret.


#4

If your company can reasonably make the argument you are exposed to TS material…you can be submitted for the re-investigation. Otherwise Marko is spot on. After 2 years you would start from scratch. All of our 340 employees are cleared. Half are TS Full Scope Poly. At any given time I can recommend submitting one for the TS re-investigation on the correct timeline. So your security office will be the one making the call as to need to maintain the clearance. You can be slotted in different positions, but you need make a case to the company of the value in maintaining a TS cleared employee. That means regular access is required day to day.