Security Clearance Jobs Blog

The General Accountability Office (GAO) recently released a report on the cost of “Background Investigations” (GAO-12-197) conducted by the Office of Personnel Management (OPM).  The first sentence of the report declared:

OPM’s reported costs to conduct background investigations increased by almost 79 percent, from about $602 million in fiscal year 2005 to almost $1.1 billion in fiscal year 2011 (in fiscal year 2011 dollars).

The news media chose to publish articles that focused on the overall increase in the amount spent on background investigations, rather than the actual increase in the price of various investigative products offered by OPM.  It’s not until you get down to page 47 of the GAO report that you see the weighted average price increase for investigative products only went up 5.1% per year from 2005 to 2012.  2005 and 2006 were transition years for OPM.  In 2005 OPM accepted the transfer of about 1,700 Defense Security Service personnel and the responsibility for all Department of Defense (DOD) background investigations.  During 2004 OPM had conducted a portion of DOD’s background investigations and knew that their existing price structure wouldn’t cover the actual cost of these investigations, so they entering into a special agreement with DOD whereby OPM charged DOD an extra 25% over their standard prices.  The DOD investigations increased OPM’s caseload by 200%.  OPM was able to readjust their prices down a little in 2006.  If you back out the two transition years of 2005 and 2006, OPM increased their average weighted price of investigations about 4% per year during the past five years.  This was a pretty remarkable feat considering that they significantly reduced turnaround time on their investigations during the same period.

It’s a fallacy to ascribe to OPM the increase in the total cost of all investigations, because OPM has no control over the number or types of investigations they are requested to conduct.  GAO also claimed that the total cost of OPM investigations continued to gradually increase from 2005 to 2011, even though the number of investigations conducted by OPM declined about 30% from 2008 to 2011.  But GAO failed to report the types of investigations that OPM had conducted.  When a Single Scope Background Investigation (SSBI) at $4,005 costs about 14 times more than a National Agency Check with Law and Credit (NACLC) at $228, an increase in the number of expensive investigations can more than offset a large decease in the total number of cheaper investigations.

GAO doesn’t always get it right, and in my opinion this is one of those times that they got it wrong.  There may very well be cost accounting and lack of transparency problems at OPM, but GAO failed to focus on these issues.

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In an OPM rule finalized this week, agencies will have to reinvestigate employees in public trust positions every five years. The rule was initially proposed in December of 2009 but has taken two years to implement.

In the review, some criticized the need for or effectiveness of the periodic investigations themselves, as well as the cause. In the decision OPM supported the executive order but established the National Agency Check with Local Agency Check (NACLC) or Periodic Reinvestigation (PRI) as the “investigative product.” The lower cost of these investigations was cited as the reason for their use… Continue Reading »

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While we often talk broadly about the time it takes to process security clearances, the investigation itself is the heart of security clearance adjudication. After several years of working to prevent duplication of efforts and the lengthy delays in transferring clearances between agencies or reinvestigating previously investigated individuals, the new guidelines seem to take a step backward.

The Office of Personnel Management’s revised standards use a five-tiered system with six types of investigations and two types of reinvestigations. The new standards don’t allow for an easy transition between public trust and national security positions, largely due to different application forms used. Moral of the story? Prepare for perhaps even lengthier delays when transferring between agencies with different clearance applications, or when applying for higher levels of clearance.

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The Washington Times is reporting that investigators have falsified hundreds of top secret security clearance investigations, claiming to have conducted research that never took place. Court records showed 170 falsified interviews and more than 1,000 that could not be verified.

Individuals quoted in the Washington Times story report that the push to adjudicate clearances as quickly as possible, as well as the increased outsourcing of investigation specialist positions, contributed to the falsification. Others cited simple greed on the part of investigators who over-promised and weren’t able to deliver completed investigations.

“The monetary loss sustained by the government does not, nor cannot, represent the cost associated with potential compromise of our nation’s security and the trust of the American people in its government’s workforce,” said Kathy L. Dillman, associate director in charge of investigations at the Office of Personnel Management.

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DOD News Release on Security Clearances:

“The Department of Defense (DoD) released information today [February 25, 2011] about improvements made to the personnel security clearance process.  Over the past four years, the DoD has worked with the Director of National Intelligence, the Office of Management and Budget, and the Office of Personnel Management to streamline processes, make changes to policies, introduce extensive information technology improvements, and eliminate a backlog of approximately 100,000 pending cases.  These improvements led to a 72 percent reduction in the time it takes to process an individual’s security clearance – from an average of 165 days in 2006 to 47 days today….”

“The Department of Defense was steadfast in its commitment to substantially improve performance in this area,” said Deputy Chief Management Officer Elizabeth McGrath.  “Not only because of the personal inconvenience experienced by individuals when navigating the clearance process, but also because delays in processing security clearances can cause delays in placing highly-qualified individuals in the cleared positions that need them. . . .”

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On December 22, 2010 the Office of Personnel Management announced that in February they will begin a phased implementation of the Electronic Questionnaires for Investigations Processing (e-QIP) version of the new March 2010 Questionnaire for National Security Positions (Standard Form 86—SF86). A copy of the new SF86 has not yet been posted to the OPM forms site, but was to be distributed to other investigations service providers before the end of December.

The last version (July 2008) of the SF86 was phased in over a period of about 5 months from September 2008 to January 2009.  DOD contractor personnel were among the last to begin using the form.

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On December 1, 2010 the Government Accountability Office (GAO) presented testimony before a House subcommittee. The testimony was presented in the form of a report (GAO-11-232T) entitled: “Personnel Security Clearances: Overall Progress Has Been Made to Reform the Governmentwide Security Clearance Process.” The testimony covered 3 major long standing issues: a single federal database for clearance information, reciprocity, and timeliness.

The “Intelligence Reform and Terrorism Prevention Act of 2004” (IRTPA) “required that no later than 12 months after the date of its enactment, the Director of OPM and the Director of OMB establish and commence operating and maintaining a single, integrated database of security clearance information.” No single integrated database exists or is planned. Instead, OPM’s Central Verification System (CVS) provides a “single search” capability for about 90% of all investigations and clearances. Integrating the remaining 10% of Intelligence Community (IC) clearances remains problematic.

Government agencies reported requiring additional investigation and/or adjudication on some currently cleared individuals for reasons that are not permitted by existing reciprocity rules. Due to the absence of government-wide metrics for reciprocity, GAO was unable to measure the degree of non-compliance with clearance reciprocity requirements.

GAO acknowledged that significant improvements in timeliness of clearances had been made and that overall timeliness requirements of the IRTPA had been met. GAO noted that of the agencies they reviewed DOD, DOE, and NGA had consistently met the 60-day IRPTA requirement during the first three quarters of FY2010 (October 2009 to June 2010), and 11 other agencies had not. A chart on page 7 of GAO-11-232T reported timeliness for seven IC agencies and seven non-IC agencies.

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On November 16, 2010 the Director of National Intelligence (DNI), the Director of the Office of Personnel Management (OPM), and representatives from the Department of Defense (DOD), the Office of Management and Budget (OMB), and the Government Accountability Office (GAO) provided updated information on security clearance reform at a hearing before a Senate subcommittee,

The DNI stated that during the 4^th quarter of FY 2010 the government-wide average processing time for the fastest 90% of initial security clearances was 53 days (42 days for investigations and 11 days for adjudication).  It is anticipated that the new Federal Investigative Standards (originally approved in December 2008, but never implemented) will be expanded from a 3-tier to a 5-tier structure.  A date was not given for when the revised standards would be finalized.

DOD, which issues nearly 90% of all initial security clearances, reported average completion times for the fastest 90% of initial DOD security clearances of 47 days for investigations and 9 days for adjudications during the 4^th quarter of FY 2010.

OPM, which conducts 90% of all clearance investigations and services DOD and 11 other federal agencies, reported that its Federal Investigative Services Division currently has a combined federal and contractor staff of 9,100 investigators and support personnel.  A new revised Questionnaire for National Security Positions (SF86), which was approved by OMB in March 2010, is scheduled to be implemented in December 2010.  Currently 98% of SF86 submissions are received via the Electronic Questionnaires for Investigations Processing (e-QIP).  OPM provided the following data for initial security clearance investigations:

Note:  Apparently not included in DNI, DOD, or OPM data, is the 14 days allocated for “initiation time”—the time in days from the date of SF86 submission by the applicant to the receipt date of all information/forms required to conduct an investigation by the investigative service provider.

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The Office of Personnel Management (OPM) recently announced (FIN 10-08) the new prices of their standard investigative products for Fiscal Year 2011. There was no annual price increase in October 2009. With one exception, the prices of the most common investigations increased 3%. The MBI (Minimum Background Investigation, now renamed the Moderate Risk Background Investigation) increased 20% for priority handling and 27% for standard service. OPM discontinued the Limited Background Investigation (LBI), which was previously used for Public Trust determinations. It also eliminated the PTSBI (Public Trust Special Background Investigation) and the PRIR (Periodic Reinvestigation and Residence Coverage), as well as various special upgrades and updates to standard investigations.

It appears that the new Enhanced Subject Interview (ESI) will replace the Personal Subject Interview (PRSI), a standard component of many investigations. A separate charge for the ESI will be added to the price of the NACLC and ANACI when required by case expansion criteria.

Reimbursable Suitability/Security Investigations (RSI) will continue to be offered (FIN 10-09) for focused investigations needed to resolve issues that fall outside the scope or period of coverage of standard investigations. It is unclear whether the SPIN (Special Interview) will continue to be offered as an option under the RSI. With very few exceptions, federal agencies (including DISCO) pay OPM for these investigations. Here are the new prices that become effective on October 1, 2010:

Related Post: Cost of Security/Suitability Investigations – FY2009

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• 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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In September 2009 representatives of OMB, OPM, ODNI, and DOD testified before the Senate subcommittee on Homeland Security and Governmental Affairs regarding security clearance reform. (See 16 Sep 2009 blog topic “Congressional Hearing On Security Clearance Reform.”) Post-Hearing Questions (and answers) for the record were recently published as an appendix to the hearing report.

One of the most interesting questions concerned the number of cases returned to OPM by DOD due to incompleteness. Under Secretary of Defense for Intelligence James Clapper’s response on page 93 was illuminating:

In FY 2008, the Department returned approximately 188,483 cases and in FY 2009, the Department returned approximately 129,558 cases. Some cases are returned to OPM due to incompleteness or because they were missing critical expansion of developed issues. Other cases are returned or requested to be reopened because the subject of the case was deployed and could not be reached to complete the subject interview. However, in many instances where investigations received from OPM lack investigative scope items or other necessary information, adjudicators contact the subject or agencies themselves to obtain missing information in order to avoid timeliness delays or to avoid incurring additional costs. The Department does not currently have a means to track those cases.

In FY 2008, the Department was charged approximately $86,303,826 and in FY 2009, $63,104,471 for cases returned to OPM due to incompleteness or with requests for additional information.

Here is OPM Director John Berry’s response on page 90 to a slightly different question:

During FY 2009 of the 2,157,531 investigations closed, 1721 (.08 percent) were reopened due to quality concerns. Of the 1721 investigations reopened, 1362 (79 percent) were conducted by contractors, and 359 (21 percent) by Federal employees. The quality reopen percentages rates trend very closely to the actual workload distribution between contractor and Federal staff.

Clapper’s response addressed only DOD security clearance investigations, which totaled about 650,000 in FY 2009. Berry’s response included all agencies and all types of investigations, including single agency checks. Even if the majority of the cases returned by DOD to OPM were because the subject of the case was deployed, it’s still very difficult to reconcile DOD’s 20% return rate with OPM’s .08% “quality” reopen rate. And in how many cases did DOD adjudicators obtain information by themselves that should have been in the report of investigation?

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On March 10, 2010 the Office of Management and Budget (OMB) approved a new version of the Standard Form 86—SF86 (Questionnaire for National Security Positions). The only description of the new form currently available is a PDF file, consisting of 453 pages of explanations and screen shots of the eQIP version, posted at the reginfo.gov website. The Office of Personnel Management (OPM) has not yet posted the new form at their website. The last revision of the SF86 was approved in July 2008. OPM did not post that version of the form on their website until October 2008 and the eQIP version was not available for use by contractors until January 2009.

The new March 2010 version of the SF86 is considerably different and longer than the version submitted for public comment in September 2009. That version was described on this blog at “OPM Submits New SF86 for Review” in October 2009. Major changes now include:

• Purpose of this form—“This form may also be used by agencies in determining whether a subject performing work for, or on behalf of, the Government under a contract should be deemed eligible for logical or physical access when the nature of the work to be performed is sensitive and could bring about an adverse effect on the national security.”
• History of residences, schools, and employment require 10 years of information for all levels of clearances.
• Many new and expanded questions were added regarding foreign connections, foreign involvement, and foreign travel.
• Reportable foreign associates now include those with whom you are bound by a “common interest” (a significant change that may affect social media contacts).
• New and expanded questions were added regarding financial records, police records, drugs, alcohol, and mental health.

These changes are in line with the Joint Security and Suitability Reform Team’s (JSSRT) planned expansion of upfront comprehensive follow-up questions necessary to enhance the collection of subject-reported information as early as possible in the investigative process. Answers to the new and expanded questions represent information that would otherwise have to be obtained during a Subject Interview by an investigator and will result in shorter Subject Interview times for applicants with complicated personal histories.

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The Office of Personnel Management (OPM) recently released an undated presentation entitled, The Security Clearance and Investigation Process. Included in the presentation are the following data:

The fastest 90% of the initial security clearance investigations were completed in an average of 41 days (70 days for Top Secret and 36 days for Secret/Confidential).

For Fiscal Year 2005 OPM reported conducted 31,300 Public Trust Investigations (Background Investigations—BI, Limited Background Investigations—LBI, and Minimum Background Investigations—MBI) and 142,354 Suitability Investigations (National Agency Check with Inquires—NACI). These numbers increased in FY07 to about 47,000 and 284,500 (respectively). The FY09 figures show a dramatic increase in Public Trust investigations. The rise and fall of NACIs from FY05 to FY09 may have been caused by a large surge of investigations for HSPD-12 PIV cards. The category of “Other” primarily covers NACs (National Agency Check) and SACs (Special Agreement Check). SACs are usually a single records check, such as an FBI fingerprint check, military personnel records check, credit check, etc., used for pre-screening candidates, resolving individual security/suitability issues, or fulfilling other federal agency mission related objectives that don’t require a standard security or suitability investigation.

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A February 17, 2010 article at Government Computer News reported that:

“The Homeland Security Department is nearly three years behind in getting Personal Identity Verification (PIV) cards for its employees and contractors, according to a new report from DHS Inspector General Richard Skinner.”

Homeland Security Presidential Directive 12 (August 2004), Policy for a Common Identification Standard for Federal Employees and Contractors, mandated that federal agencies issue secure federal ID cards by October 2008. As of September 2009, only 15,567, of the approximately 250,000 Department of Homeland Security (DHS) employees and contractors, had been issued PIV cards. The January 2010 DHS Inspector General’s report outlined 15 recommendations to improve the department’s implementation of HSPD-12.

Other federal agencies have also had problems implementing the PIV card requirement.  According to the Office of Management and Budget (OMB) as of December 2009 only a handful of federal agencies had met the October 2008 PIV card implementation requirements of OMB Memorandum M-05-24. A February 2008 article at nextgov.com provides a good overview of the program and its problems.

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