"Loss of Jurisdiction" question


#1

Hello,

I have/had a secret clearance since 2002 from the military. I left the USMC in 2014 and landed a contract position with AFSOC. I continued work with them until March 10, 2017 I was question by Police on a situation OCONUS. I was never arrested nor convicted of a crime. The commander on that base chose to send me off the base. My employer then had to terminate me because of the questioning. I asked multiple times if my clearance would be affected due to this. I was told no multiple time during my last meeting with them.

I was looking for work for 2 months. I landed another job that required a secret clearance. Offer letter came and then got rescinded do to having a redline in JPAS. I contacted my previous company, and was told the redline in JPAS is dated March 10, 2017. Then I was told to explain the situation to my new employer and they can sponsor me and request the redline to be closed out. Since I no longer had association with the previous employer. My new employer decided to take me on anyway. An owning relationship with my new employer was documented in JPAS on the day I was hired, 11 May 2017. On 20 Jun2017, my new employer received the JPAS Eligibility Change Notification from the Department of Defense Central Adjudicating Facility (DoD CAF) which indicated the Eligibility Change, Loss of Jurisdiction.

I then proceeded to contact my privies employer again to ask why is my clearance being affected. This is what I received:

Hi Chris -

I would like to apologize for any miscommunications that have occurred. In regards to the paperwork you were given, the letter does state "Your clearance is no longer active 2 years after the date of separation unless another organization services your clearance before then”. Please note government does reserve the right to suspend and/or revoke clearance eligibility at any time due to receipt of adverse information and/or a pending investigation. We do not adjudicate clearances and is not involved in that process.

In accordance with government reporting requirements, we submitted a report via JPAS (the government security clearance database system) regarding the situation that led to Mr. Torres’ employment termination. That report, by itself, did not have an impact on his clearance eligibility, but it did spur review of his eligibility to ensure it is still in the best interest of the US Government. When the government adjudicator reviewed the report, they also reviewed the current employment/access status, which is ‘terminated/separated’. Due to budget shortfalls that are greatly impacting clearance-processing timelines, the government has made some procedural changes to save costs where possible. One of those changes includes not completing adverse information/report reviews, or clearance investigation/re-investigation adjudications, when there is no active relationship in JPAS between an individual and an employer; in those types of cases, the adjudicator enters a ‘Loss of Jurisdiction’ note into JPAS which effectively freezes any existing eligibility pending a new employer coming along and needing that eligibility in support of a classified government contract. The only way to avoid this is for the gaining security office (of the new employer) to submit in JPAS what’s known as an RRU (Request for Research and Upgrade) requesting that the incident investigation be transferred under their CAGE/office and adjudicated for access in support of their contracts.

In this case, Mr. Torres’ clearance was not revoked as he stated in his email. Revocation of a clearance is a determination that continued access to classified by an individual is not in the best interest of the US; this only occurs after the individual is contacted by the Defense Office of Hearings and Appeals (DOHA) letting him/her know of the intent to revoke, and providing a chance for the individual to provide mitigating information; upon revocation, the clearance eligibility would reflect ‘Determination Eligibility Revoked.’ This does not seem to be the case for Mr. Torres. What we can tell is that a Loss of Jurisdiction was entered into JPAS by the DODCAF due to the lack of a timely RRU submittal by his gaining security office; an RRU submitted immediately upon employment would have validated the continued need for access and resulted in transfer of the incident investigation under their company.

Of note, Mr. Torres’ clearance eligibility remained active following submittal (around 14 March) of the incident report by SNC; that report and the employment termination had no direct impact on his clearance. Based upon the available information in JPAS, the impact to his clearance eligibility (which occurred on 20 June) appears to have occurred due to lack of a timely RRU submittal prior to completion of the incident investigation/adjudication by DODCAF. Mr. Torres’ clearance eligibility can still be reinstated following a favorable adjudication by DODCAF, which would first require an RRU from a current cleared employer.

Per the DODCAF website (http://www.dodcaf.whs.mil/):
Loss of Jurisdiction is placed on a subject’s eligibility once they have been Out-processed from JPAS, and have no owning/servicing relationship. In order to request adjudication the Security Manager or FSO must submit either an RRU or RFA (for Army) to request adjudication once they have created a new owning relationship for that subject in their JPAS account.

I then provided this to my new employer and received:

Chris,

Thanks for this information. I checked this with Corporate Security and got a slightly different take. The statement: “What we can tell is that a Loss of Jurisdiction was entered into JPAS by the DODCAF due to the lack of a timely RRU submittal by his gaining security office; an RRU submitted immediately upon employment would have validated the continued need for access and resulted in transfer of the incident investigation under their company” does not appear to be accurate.

The quote from the CAF website states: Loss of Jurisdiction is placed on a subject’s eligibility once they have been Out-processed from JPAS, and have no owning/servicing relationship. In order to request adjudication the Security Manager or FSO must submit either an RRU or RFA (for Army) to request adjudication once they have created a new owning relationship for that subject in their JPAS account.
We established an owning relationship with you and documented it in JPAS on the day you were hired, 11 May. At that time, there was no need to submit a Request for Research and Upgrade (RRU), since you had not been out-processed from JPAS. On 20 Jun, We received the JPAS Eligibility Change Notification from the Department of Defense Central Adjudicating Facility (DoD CAF) which indicated the Eligibility Change, Loss of Jurisdiction. Leidos submitted the RRU on 21 Jun. There was no delay in either establishing the owning relationship or submitting the RRU.

I am now being Laid off and would like to try and figure out how to clear the redline being that my livelihood and my career field requires me to have a clearance.

I’m at a loss here and really do not know what to do. It seems like a finger pointing issue. The main thing is how do I get this fixed before my last day so I can keep my job. Thanks in advance for any help and insight that you may provide!


#2

Wow, this seems like a complicated issue and I’m sorry you have to go through this. If I were you, I would hire a lawyer that specializes in clearance. The lawyer would be able to advise you on your options, point you in the right direction, and guide you through everything.


#3

I am wondering if there is any way that we can send a private message to a user. Can we?

Anyway, this is one of the most frustrating areas as a clearance holder. There is a lack of information dealing specifically with unresolved incident report such as yours. Plus, there is a significant security clearance backlog/delay.

A security clearance attorney will not be able to help much in this case unless you receive SOR.

I am by no means an expert on this, but the process of adjudicating the unresolved incident report will likely stop if you leave your current job. Why? Because you will no longer be in a position requiring clearance. From Government perspective, why close the incident report when you don’t need it anymore.

My suggestion… ask your employer to keep you on the roll even when you are being laid off or find another position requiring clearance. The latter is tougher than it seems since most employers do not want to employ someone with flagged JPAS. A lot of folks re-enlist into services (national guard or something like that) to remove the flag in their JPAS profiles.


#4

AWoodhull I don’t have the option to join back into the service… I currently have until September 1st with my company. Until official layoff. What would you suggest I do I have already submitted a FOIA request for the adverse information which I don’t have a copy of. Today I requested a copy of my JPAS report from my current employer. I am just sitting and waiting I spoke to a lawyer told me he can’t do anything unless I get him a copy of the JPAS report and then he can see where we can go. I believe it was an administrative oversight with a late RRU submission, no one wants to fess you to it so I’m just stuck. Suggestions?


#7

I do have an account on fed soup chris.torres


#9

Alright, let me know when it’s created and your username or user handle.


#10

chris.torres is the username


#11

Hey, I am new to this forum. I am in very similar situation. I left my previous employer in Feb-17 due to personal reason and I did not have any adverse incident or anything. But, when the OPM investigator called me for the interview, I told her that I was no longer employed with my previous employer and supporting DoD, so she said that in case she will have to check if the sponsoring agency still wanted to continue with the investigation or not. And after that I didn’t hear anything back. In around May time frame when my previous employer tried to pick me back up they said my clearance was closed and they said that they (JPAS Customer Service) asked them to submit RRU/RRI and that was done in first week of June. They waited for about month but no luck, so they went ahead and hired someone else. It’s been four months now since they submitted RRU and when I call OPM Freedom of Information Act they said it shows in pending status. I had job offer last week but the employer is saying that it’s showing “loss of jurisdiction” when they see on JPAS. Not sure what to do here…thanks