Security Clearance Jobs Blog

In February 2010 the U.S. House of Representatives passed their version (HR 2701) of the Intelligence Authorization Act for fiscal year 2010.  The Senate passed their version (S.1494) in September 2009.  Hopefully the two versions will be reconciled, passed by Congress, and sent to the President.

The House version creates an Ombudsman for Intelligence Community (IC) security clearances in the Office of the Director of National Intelligence and requires each IC agency to provide contact information for the ombudsman to all clearance applicants.

The House version also requires the President to submit to Congress within 180 days of enactment a report that includes the feasibility, counterintelligence risk, and cost effectiveness of –

• by not later than January 1, 2012, requiring the investigation and adjudication of security clearances to be conducted by not more than two Federal agencies; and

• by not later than January 1, 2015, requiring the investigation and adjudication of security clearance to be conducted by not more than one Federal agency.

Both the creation of an ombudsman for IC clearances and a formal study on reducing the number of investigative and adjudicative agencies seem like excellent ideas.  Both could result in improving clearance reciprocity.  The last time an Intelligence Authorization Act became law was in December 2004.  The ones since then have either died in Congress or been successfully vetoed.  So, this may not be the best vehicle to further these two ideas.

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The FBI released a statement and politico reported that a former FBI contract linguist pleaded guilty to unlawfully providing classified documents to the host of an Internet blog who then published information derived from those documents on the blog.

Shamai Kedem Leibowitz, a.k.a., Samuel Shamai Leibowitz, 39, of Silver Spring, Maryland, pleaded guilty in federal court to a one-count information charging him with knowingly and willfully disclosing to an unauthorized person five FBI documents classified at the “Secret” level that contained classified information concerning the communication intelligence activities of the United States.  Under the plea agreement, the government and Leibowitz have agreed that a term of 20 months imprisonment is the appropriate sentence in this case.

From January 2009 through August 2009, Leibowitz was employed by the FBI as a contract linguist in an office in Calverton, Maryland.  Leibowitz held a Top Secret security clearance and is an Israeli American dual citizen. More from Politico…

“After news of the charges against him broke, it took reporters only minutes to track down news articles reporting that Leibowitz was fired from a legal clerkship in Israel and was publicly chastised by an Israeli Supreme Court justice for leaking a judge’s private comments…

Experts were also puzzled that someone with a long history of public activism on polarizing issues would wind up working for U.S. law enforcement in a classified environment and be granted access to sensitive information…

Some lawyers said the top-secret clearance awarded to Leibowitz, who describes himself as an Israeli-American, was particularly puzzling because Americans who are also Israeli citizens frequently face clearance denials and delays because of concerns they might harbor an allegiance to Israel.”

The FBI said it would look at whether the clearance process was handled properly.

Does this signal a breakdown in the security clearance process?

Related Article: Dual Citizenship And Security Clearances, Foreign Influence and Security Clearances

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The quest to speed up the security clearance process continues with several Senators introducing the Security Clearance Modernization and Reporting Act of 2009 yesterday.

Overall the bill’s goal is similar to the Executive Order 13467 President Bush signed in June 2008 and would codify many of those provisions.

An article in NextGov goes on to say that the bill would:

• “mandate the creation of a performance accountability council to oversee the reduction of the government’s security clearance backlog and extends reporting requirements.”
• director of OMB will submit an IT strategy to Congress within 120 days of the bill’s enactment to speed up the security clearance process.
• “agencies would have to continue reporting to Congress on their progress in improving the security clearance process until two years after GAO removes the program from the high-risk list.”

“As for reciprocal recognition of security clearances among agencies, the legislation, a Senate Democratic committee aide said the bill “reemphasizes” that requirement. “We were getting the sense that not everyone was following the intent, as we saw it, of what reciprocal recognition was,” the staffer said.”

Related Articles: Security Clearance Reciprocity of Special Access Eligibility

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On November 20, 2009 the Defense Security Service issued the following policy alert entitled, “Foreign Passport: Disposition Influences Personnel Clearance Eligibility.”

DISCO will not grant or continue a personnel clearance if the clearance applicant or cleared individual possesses a current foreign passport. In instances where the foreign passport is the sole potential disqualifying factor in the personnel clearance adjudication, DISCO will send a Joint Personnel Adjudication System (JPAS) message to the Facility Security Officer (FSO) stating that if DISCO receives reliable documentary evidence that the foreign passport has been destroyed, invalidated, or surrendered, DISCO will grant or continue the clearance. The passport holder may surrender the foreign passport to the FSO for safekeeping, but the FSO is not required to perform this service. . . .

Related Articles: Dual Citizenship And Security Clearances, Foreign Influence and Security Clearances

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“Failure to provide truthful and candid answers during the security clearance process” is one of the most common reasons for the denial or revocation of security clearances.

Of the approximately 1,300 security clearance cases decided by Administrative Judges of the Defense Office of Hearings and Appeals (DOHA) during fiscal year 2008, Personal Conduct was the second most frequently cited issue and appeared in 497 (38%) of the cases. It was almost always cited due to applicants concealing information related to one of the other issues, such as criminal conduct, drug involvement, and alcohol consumption.

In recent years the misrepresentation of educational qualifications has gained increased importance in security clearance investigations and adjudication. Previously educational degrees were merely verified. Today the bona fides of questionable post-secondary schools are being scrutinized.

Unfortunately in many falsification cases, the information the applicant tried to conceal would not have resulted in a clearance denial…read more.

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Amid growing unemployment, foreclosure and delinquency rates are spiking.  We thought it would be a good time to revisit how a person’s personal financial situation can affect their  security clearance.

A sampling of Defense Office of Hearing and Appeals (DOHA) security clearance hearings showed (in 2007, just when the recession was taking hold) that about 50% of clearance denials involved “Financial Considerations”

Since delinquent debt is by far the most common financial concern, we published several articles on this very topic entitled; The Impact of Delinquent Debt on Security Clearances, What To Do If You Have Delinquent Debt, Explaining Delinquent Debt on the SF-86, Delinquent Debt and Interim Clearance, as well as several blog posts.

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On September 30, 2009 the Federal Register announced that the Office of Personnel Management (OPM) has submitted a proposed revision of Standard Form 86 (SF86), Questionnaire for National Security Positions, for 30-day public review and comment.

The current version of the SF86 (July 2008) has only been in use for about a year and changed the previous version (September 1995) by adding a new section on “Use of Information Technology Systems” and expanding the sections on “Foreign Contacts,” “Foreign Activities,” “Financial Record,” “Use of Alcohol,” and “Association Record.”

The new proposed revision of the SF86 eliminates all references to the SSBI and its requirement for 10 years worth of information. Questions are limited to 7 years, except for those that ask “have your ever.” The proposed SF86 also expands on questions regarding dual citizenship, foreign activities, mental health, and police record. OPM issued a Matrix of Changes between the current and proposed versions.

Here are some proposed changes:

• Employment Record: The questions “Left a job for other reasons under unfavorable circumstances” and “Laid off from job by employer” were eliminated.

• People Who Know You Well: Reference coverage reduced from 7 years to 5 years.

• Financial Record: (1) Current and past delinquent debt changed to 120 days (were 90 days and 180 days, respectively). (2) Current credit counseling question added.

• Police Record: (1) Offenses involving firearms, explosive, drugs and alcohol limited to 7 years. (2) New questions on domestic violence offenses and protective orders. (3) New question on current or past probation or parole. (4) Question regarding felony charges replaced by question about convictions resulting in a sentence of one year or more in prison.

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When your job responsibilities include overseeing nearly $1 billion in research for the Missile Defense Agency, Department of Homeland Security, Defense Advanced Research Projects Agency (DARPA), and other intelligence agencies, the chances are you’re going to need security clearance to get a peek inside.

The Applied Physics Lab at Johns Hopkins University is overseen by the University’s President, Ronald Daniels, who is Canadian.

The article in the Baltimore Sun went on to say that the University had to use some creative thinking to keep the Lab’s government funding; with the creation of a Limited Liability Corp. (LLC) and the university’s board of trustees chairman overseeing the Lab.

Related Article:  Foreign Influence and Security Clearances

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On September 15, 2009 a hearing was held before a Senate subcommittee responsible for oversight of the Federal government’s security clearance reform process. Testifying before the subcommittee were representatives of OMB, OPM, DOD, ODNI, and GAO. Transcripts of their prepared statements are posted at the Senate subcommittee’s website.

Here are some highlights from the prepared statements:

• 90% of initial clearance investigations by OPM are done in an average of 37 days.
• Average investigation for a Top Secret clearance now takes 79 days.
• Average investigation for a Secret clearance now takes 47 days.
• Security clearance investigation backlog (cases older than 180 days) has been eliminated.
• E-Adjudication of Secret clearances was implemented for DOD industrial cases in September 2009 (originally planned for May 2009). This capability will be extended to the Air Force and Navy adjudication facilities by December 2009.

Here are some of the lowlights:

• 11% of initial clearance eligibility decisions took more than 300 days to complete in FY08.
• Only 260,000 of the estimated 3 million active security clearances are currently in OPM’s Clearance Verification System.
• The new Federal Investigative Standards that were approved in December 2009 (but not yet implement) will be changed.
• The new SF86, originally expected to be approved by January 2009, won’t even be available for public comment until late September 2009 (a lengthy process required before final approval).
• According to GAO, long-term funding requirements for the reformed process still have not been identified.

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An article in the National Journal covers a security clearance process that is painfully slow at the State Department. For entry level employees at the State Department, especially interns, start dates are moved back waiting for a security clearance.

In most cases, the State Department outsources investigations to contractors, however, when an applicant has lived or traveled extensively overseas, Diplomatic Security takes over the investigation.  The State Department processes 25,000 clearance cases a year and in 3Q of this year, the Bureau of Diplomatic Security needed an average of 54 days to issue entry-level clearances, down from 64 days in 2008.

In addition, the article airs allegations made by the group called Concerned Foreign Service Officers regarding State Department investigators of sometimes practicing ethnic and religious profiling, resulting from insufficient internal checks.

Follow-up: A blog on Foreign Policy published reactions from former State Department interns on this issue.

Quote of the day: “With the clearance process, as an applicant, you don’t know anything…” – State Department would-be intern.

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Our popular ongoing series allows you to ask your most complex questions regaring security clearances and our regular contributors of present and former clearance investigators and adjudicators will try to answer them. The rules are listed below. Failure to abide by them will mean your question will be deleted.

NOTE: Due to the volume of questions we receive, we cannot answer all of them. Selected questions that have not been answered in the past will likely be answered.

If you would like a guaranteed private answer to your question, please see here.

Note: All questions are moderated. After you post, it can take up to a week for the question to be “live” on the site and our panelists to see it and answer it.

1. Please do not address a contributor by name to ensure anyone who has knowledge might answer.
2. Do not include your own name, email address, or other information that can identify you. This is a public forum and clearance holders have a responsibility for covertness.
3. If you have questions regarding careers, job hunting, salaries, interviewing, or other career-related topics, see the other threads dedicated to this purpose.
4. Provide full details about your case in your initial question thread.
5. Do not post your questions in previous versions of this thread.
6. Understand that the suggestions and comments contributors provide are their opinions only. The owners of this site are not responsible for the suggestions and guidance from outside contributors.

Note: If your post does not appear on this site, you may not be following the rules above.

If you would like a guaranteed private answer to your question, please see here.

Please read over previous threads to see if your question has already been answered. Use the Search tool to locate specific keywords.

Related Articles:

• Employment Suitability Versus Security Clearance
• Criminal Conduct and Security Clearances
• Drug Involvement and Security Clearances
• Rebutting and Appealing Security Clearance Denials
• Alcohol Consumption and Security Clearances
• Personal Finances and Security Clearances

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With the economic downturn and entering the seventh year of overseas combat, some Soldiers and civilians are worried about their security clearance.

The commander of the U.S. Army Central Personnel Security Clearance Facility (CCF) wants all Army personnel to understand that “they can obtain counseling services for financial and mental health issues without undue concern of placing their security clearance status in jeopardy…”

As previously mentioned on ClearanceJobsBlog, a bankruptcy or foreclosure will not automatically prevent one from obtaining or maintaining a security clearance. There are many conditions surrounding financial hardships that often mitigate security concerns.

In fact, about 98 percent of cases received by the CCF which involve financial issues were granted a security clearance. This trend has been consistent since 2005.  Individuals under financial duress are encouraged to contact their local Army Community Service or Military One Source to obtain financial counseling to determine how to best manage their debts.

Many Soldiers expressed an unwillingness to participate in behavioral or psychological health programs, however the OPM ensures that investigations are conducted in a manner compliant with the revised Q21, which excludes the reporting of treatment related to adjustments from service in a military combat environment, such as PTSD, or mild traumatic brain injury.

Executive Order 12968, Access to Classified Information states mental health counseling in and of itself is not a reason to revoke or deny a security clearance. Seeking support to address mental health issues demonstrates inner strength and embodies the Warrior Ethos, Army leaders have said.

Professional mental health counseling is not a threat to an individual’s security clearance; rather it can be a positive factor in the security clearance process, officials said.  CCF’s adjudicative history indicates that 99.98 percent of cases with psychological concerns obtained/retained their security clearance eligibility.  The current policy provides both adjudicators and commanders flexibility to allow individuals undergoing counseling to maintain their security clearance.

Related Articles: Personal Finances and Security Clearances

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Many qualified people find themselves unable to successfully compete for federal positions because they don’t have an “active” or “current” security clearance. This situation is often characterized as a “Catch—22” in that you can’t get sponsored for a security clearance without a job offer from a federal agency or contractor, and you often can’t get the job offer without a clearance.

A British IT contractor recently initiated an E-Petition at the UK Prime Minister’s website requesting that individuals be allowed to pay for their own clearances. So far 614 people have signed the petition. An American initiated a similar petition at a non-governmental E-Petition website without suggesting who would pay for the processing and has only gathered 22 signatures. The First Amendment to the U.S. Constitution provides for “the right of the people . . . to petition the Government for a redress of grievances.” The UK Prime Minister’s E-Petition website has existed for over a year, but a similar website for the US President is only now being discussed on a blog page at the White House website.

The Office of Personnel Management (OPM) conducts about 80% of all federal security clearance investigations. Their current price for a standard NACLC investigation needed for a contractor Secret clearance is $221. Because OPM clearance investigations are handled on a fee-for-service basis, the mechanism exists for individuals to pay for their own investigations, but no mechanism exists to pay for adjudicating the investigations. Another obstacle to self-sponsorship is the federal government’s policy to limit clearance requests to only those positions for which a validate need exists. Without these 2 obstacles private companies could fill the need to provide the necessary front-end application and payment processing.

Is it time for the federal government to allow people to sponsor themselves for a security clearance, if they are willing to personally pay for it?

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Looks like OPM is keeping USIS busy. I thought OPM said that security clearance investigation times were now all complete within a few months. Perhaps not?

USIS, a provider of security investigations to the federal government, is hoping to hire 200 field investigators in the next three months.

Falls Church-based USIS said in its hiring announcement that the new investigators are required for projects in high-need areas across the U.S.

USIS is also searching to hire independent contractors for work overseas. The contractors would work on national security contracts helping nations train local law enforcement personnel.

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A June 20, 2009 article at WashingtonPost.com reported, “The Obama administration has proposed the creation of an intelligence officer training program in colleges and universities that would function much like the Reserve Officers’ Training Corps run by the military services.”

Under the sponsorship of the Director of National Intelligence the new program would expand on two earlier educational programs and focus on first- and second-generation Americans with language and cultural knowledge. Candidates would be selected from among sophomores and juniors at participating schools and would receive financial assistance similar to the support given to those in ROTC, plus paid summer internships. Participation in the program would obligate the student to serve in an IC agency for a period of time based on the financial assistance they received. The intelligence community (IC) currently provides funding to 14 colleges and universities for programs in national security studies.

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