Privacy Act & copies of investigation results


#1

Something strange happened with my clearance. I had to leave a job because of some mysterious thing that nobody knows anything about or wants to talk about. I started a new job and found out I had a Loss of Jurisdiction in JPAS. It took 15 months to resolve that, partly because of various screwups, but also partly because DISCO wanted to find this mysterious file but nobody knew what it was. Well, I guess they found it, or accepted that it was a ghost, and my TS is active... and then the SCI adjudication process started, and it's even more of a black hole. I've sent Privacy Act requests to everyone I can think of. Every agency either denies that they have any information, or provides one or two redacted copies of strange faxes, or refers me to another agency (from which I also have a non-responsive response).

How do I find out who actually has the background investigation on me and compel them to send me a copy as required by the Privacy Act?


#2

Loss of Jurisdiction means that you left the sponsoring agency before an adjudicative decision was made on the completed investigation, which does not necessarily mean anything negative. However, if there were issues then the new sponsoring agency for the clearance would have to obtain that investigation, review, and adjudicate it. For SCI your access application and completed investigation are sent in and process by the CIA. It could take up to a year depending on what you need it for and their prioritization. If you want a copy of your completed SSBI you should get on OPM's Federal Investigative Services site and follow the instructions for requesting a copy.


#3

The third anniversary of the date my periodic investigation closed has recently passed. To put it another way, I've been awaiting adjudication for three years now. There are a couple other people where I work (industry) who have been waiting about the same time. This is for an intel agency that does not use DODCAF.

If I submitted a Privacy Act request to the agency in question, could that create problems for my adjudication? I can't see where it would slow things down any more than they already are.

Also, could it be seen as "going behind the back" of my security office?


#4

There are no "adverse" consequences regarding the adjudication of a case when an individual requests a copy of the investigation, OPM may send a standard courtesy notification to the responsible adjudicating agency that you have requested a copy.