Department of State Security Clearance Restored, But Still Under Suspension

[ricksinger]

After a 2 1/2 year suspension without pay, the US Department of State, Bureau of Diplomatic Security has restored my revoked security clearance. I have been issued my new ID badge with Top Secret credentials. I was suspended in February 2017 for failure to maintain my security clearance. I have not heard from the Bureau of Personnel Management regarding lifting my suspension. I am also concerned because every month my family has been falling deeper into debt. Because of my suspension and loss of security clearance status, I am not employable except as a sales clerk making $7.50 per hour.

I am concerned because the Foreign Affairs Manual regulation ( 12 FAM 230 PERSONNEL SECURITY states as follows:

2 FAM 236.2-2 Determination
Upon receipt of the recommendation or recommendations referred to in 12 FAM 236.2-1, the Secretary (or the Secretary’s designee) must review the entire case and make a determination of the case as follows:
(1) If reinstatement of the suspended employee to the position from which the employee has been suspended is found to be clearly consistent with national security interests, the Secretary (or the Secretary’s designee) may restore the employee to such position, and provide any compensation (i.e., back pay) lost because of the suspension.

I am concerned about the word “MAY” regarding restoring me to my position and providing compensation for lost pay. The word may suggest that the decision to do so is DISCRETIONARY on the part of the US Department of State.

Does anyone have any knowledge of this situation or offer any recommendations? My family can barely make ends meet.

Thank you for your input.

–Rick

[sbusquirrel]

No specific info but that kind of weasel wording is not unusual. Probably some lawyer insisted on it.

As far as State Dept making a decision, you’ve already seen how that works. I remember a couple of communicators who, through sheer bald-faced incompetence, had allowed such a mess to accumulate at post that nobody could tell what was going on. DS must have sent some two dozen people on various TDYs out there but they couldnt figure out what to do with these guys. I think it went on for over a year. I dont think they lost their clearances during that period but they couldnt go in the comm center anymore… nor were they allowed to depart. Limbo-land but it sounds like you are already well acquainted with that.