Requesting Dual Citizenship While Possessing a Security Clearance Is a Dumb Idea

Posted by on 15 May 2012 | Tagged as: Cleared News

Michelle Bachmann is raising eyebrows with a rather odd request for dual citizenship with Switzerland. Under Swiss law, Bachmann was automatically eligible for citizenship upon marrying her husband (the son of Swiss citizens) in 1978. According to news reports, it was just several months ago that Bachmann decided to register her citizenship with Swiss authorities.

Bachmann has since issued a statement saying she sent a letter to Swiss authorities requesting the withdrawal of her Swiss citizenship.

It’s a sticky situation for a former presidential candidate and member of congress, especially one with a high-profile appointment on the House Permanent Select Committee on Intelligence, which gives Bachmann oversight over intelligence agencies including the CIA and NSA.

Dual citizenship alone isn’t grounds for security-clearance denial, but possessing a foreign passport, having overseas financial dealings, or obtaining citizenship benefits from a foreign country are all potentially disqualifying conditions. Certainly if Bachmann had obtained Swiss citizenship and then taken advantage of any of its benefits that would have been seen as a possible reason for a security clearance suspension. (Although I’m sure we could make a good argument that a member of congress could mitigate the benefits with their allegiance to the United States…maybe). For the average security-cleared professional, it would definitely be a dumb and potentially job jeopardizing move to request foreign citizenship while possessing a security clearance.

I would guess Bachmann was simply the victim of bad advice or poor planning – perhaps her children expressed a desire to explore their Swiss roots through citizenship, which prompted the family to reach out to the Swiss consulate. At least that’s what we can hope.  For now, we can rest assured that Swiss spies are not infiltrating the House Intelligence Committee.

Note: Members of Congress do not undergo a security-clearance investigation the same way security-cleared workers do. Their access to sensitive information is based on their election to public office, not an SF-86. While some have argued that members of congress should be required to undergo a formal investigation, no movement has happened on that proposal. House members are required to take an oath of secrecy, and Intelligence Committee members have a separate secrecy oath, as well. It’s unclear if dual citizenship would be an issue considered by the House and Senate Security Offices, the same way it would in a personnel background investigation.  Read this article on congressional security clearances for more information. 

Most Embarrassing or Entertaining Security Clearance Interview Stories

Posted by on 03 May 2012 | Tagged as: Getting/Updating a Clearance

Tradeshows are always a great opportunity for the team at ClearanceJobs.com to make new friends, and occasionally hear a few great stories. We were at the SPIE Defense, Security and Sensing Conference last week, where a young man came to our booth and said that while he didn’t personally have a security clearance, he had so many friends in the S&T community that he’d been asked to do more security clearance interviews than he could count (and for the record, his friends owe him a lot of rounds at the bar for doing so).

He specifically relayed the story about the interview he’d done for a college roommate, who he told the interviewer he didn’t see a lot of “because he spent a lot of time alone in his room with his girlfriend.”

The interviewer pressed him – “What were they doing in there?”

He replied, “Um, you know, they spent a lot of time in their room doing things young couples do.”

“What do you mean?” Asked the interviewer.

Still having some concern for his roommate and his girlfriend’s privacy, the man said he continued to respond in generalities, and insinuations, hoping he wasn’t going to have to put two and two together for this lady. But innuendo doesn’t read well in a security clearance investigation and the man said he was eventually forced to reveal that his college roommate and his girlfriend happened to spend the bulk of their time in his roomate’s bedroom, making love.

It was one of the funniest security clearance interview stories I’ve heard, but it puts me in the mood for others – what’s the most hilarious, embarrassing or interesting security clearance interview story you’ve heard or been a part of? Feel free to respond anonymously, and please keep the names of your love-making college roommates anonymous, as well.

TSA Relaxes Security Requirements Due to Clearance Backlog

Posted by on 28 Apr 2012 | Tagged as: Cleared News

Due to backlog in the screening process, the TSA is allowing some personnel to be hired prior to the standard background check and security assessment.

WSB-TV in Atlanta received a copy of an internal memo from airline officials, which outlined the Transportation Security Administration directive to employers and contractors at Hartsfield-Jackson Atlanta International Airport.

TSA sources told WSB-TV that the backlog was caused by a computer glitch which kept clearance information from being sent to the TSA for processing.

“To allow for a continuity of operations, TSA has provided airports and airlines with interim regulatory relief,” TSA spokesman Jon Allen said in a statement. “At no time was security at risk, and all new employees will still undergo identity verification and be subject to watch list matching.”

Lawmakers are allegedly outraged, with several expressing concern that individuals could be hired and given access to airport facilities without having an appropriate background check.

While almost all TSA positions list security clearance eligibility as a requirement, only supervisors and headquarters managers are processed for higher-level secret security clearances. In 2010, the TSA announced it would be requiring security clearances for all supervisors, increasing the number of cleared TSA personnel from roughly 774 to over 10,000.

Will Infamous Secret Service Agents Now Have Clearance Issues?

Posted by on 16 Apr 2012 | Tagged as: Cleared News

Just because it’s legal, doesn’t mean it’s a good idea.

The news has been flooded with coverage of the secret service agents and military personnel who allegedly engaged prostitutes and indulged in drunken debauchery as a part of an advance team sent to prepare for President Obama’s trip to Colombia for the Summit of the Americas.

Secret service agents are required to obtain top secret security clearances as a part of their work. As a law enforcement body with a vital connection to national security and the safety of the president, they’re also held to personal conduct standards.

Prostitution is legal in Colombia, but violated the standards of the secret service as well as opening up the agents for possible blackmail. While this incident is spread all over the news, the question security clearance investigators and supervisors will be asking is whether or not this has happened before. (And the agents might as well start preparing for their polygraph examinations now…)

Foreign intelligence agents use every tool in their arsenal – including sex – as a means to coerce, and possibly blackmail targets for information and access. One need look no further than the Russian spy ring’s ‘red hot’ Anna Chapman as a demonstration of how sex, or sex appeal, is used to tease out information. Engaging in prostitution – even in countries where it is legal – also raises “lack of discretion” and “poor judgment” concerns.

It’s likely that if the charges against the agents are verified they will lose their jobs, most definitely. Whether or not they would be able to maintain a security clearance would likely depend on how egregious the behavior was and whether or not it was an isolated incident or a pattern of untrustworthy and potentially harmful behavior. News reports are saying that the accused agents have already had their clearances revoked pending the investigation. This should come as no surprise, and is a standard response in an investigation where issues of blackmail and access to sensitive information are concerned.

For the average security cleared professional, without such close access to the White House and with little risk to blackmail, it’s unlikely that visiting a prostitute in a country where it was legal would result in clearance issues. But you’d have to be so sure you wouldn’t succumb to blackmail or foreign influence and that you’d be okay with the story being told across the evening news.

GAO Blasts OPM on Cost of Security Clearance Investigations

Posted by on 02 Apr 2012 | Tagged as: Cleared News, Getting/Updating a Clearance

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.

Is Strain on Deployed Troops Also a Strain on the Clearance Process?

Posted by on 27 Mar 2012 | Tagged as: Cleared News

U.S. Army Staff Sgt. Robert Bales was charged with 17 counts of murder last week, after allegedly shooting Afghan civilians in their sleep in a massacre that has strained already troubled U.S. –Afghan relations.

As analysts look to the cause and unpack the details one area that hasn’t escaped their scrutiny is the secret security clearance Bales held. It’s not uncommon for service members to receive security clearances, particularly prior to a deployment. The majority of both officers and non-commissioned officers and some lower-ranking enlisted service members will obtain security clearances as a part of their need to access sensitive information in the field.

So while it’s not odd for Bales to have possessed a security clearance some are questioning how he obtained one. In 2003 he was order to pay $1.3 million in damages to a couple he stole approximately $600,000 from while working as their stockbroker. After joining the Army, Bales’ financial troubles continued and in 2009 he defaulted on a mortgage.

Financial woes alone aren’t necessarily a cause for a clearance denial but the issue of trustworthiness implied by Bales’ financial dealings, coupled with continued financial uncertainty, would have likely set off red flags in regards to both trustworthiness, stability, and susceptibility to coercion. It’s certainly possible these issues were mitigated through the clearance process. Or Bales could have lied in his application, although it seems unlikely the problems wouldn’t have come up in an investigation.

The other issue at hand is Bales mental stability. Much like the recent case of Pfc. Bradley Manning, who released thousands of classified cables to Wikileaks, Bales is calling into question whether or not we’re paying adequate attention to the mental stability of our deployed troops. Multiple combat tours, financial strain at home and other factors can combine to produce a strain some may find difficult to handle.

There are really two issues at hand here – one, the difficulty in assessing a person’s motivations and character in a cursory investigation and second, the “clearance inflation” that has occurred due to the rapid advancement of high-tech, high level signals intelligence and other technology on the battlefield, which requires more deployed troops to obtain clearances in the first place. As the military looks to draw down and lower troop numbers effectively, they may look at how a clearable force ties into that matrix – perhaps issuing security clearances to all troops as a part of the enlistment process, and ensuring service members are clearable before they enter the ranks.

Steve Jobs’ Top Secret Security Clearance

Posted by on 13 Feb 2012 | Tagged as: Cleared News, Getting/Updating a Clearance

A Freedom of Information Act release of information about Steve Jobs made following his Oct. 5, 2011 death has unearthed a 191-page FBI file about the enigmatic, sometimes controversial and almost universally admired tech giant.

Among the details in the report is the fact that Jobs held a top secret security clearance from 1988 to 1990. The background investigation was conducted as a part of Jobs’ appointment to President George H.W. Bush’s Export Council. Jobs was the chairman and CEO of Pixar at the time.

Ironically, the information included in the investigation mirrors some of the challenges faced by investigators today – past drug use, a series of legal actions requiring research and investigative hours and conflicting reports from colleagues and associates concerning Jobs’ personal character and personality.

Issues of dishonesty and lack of integrity were mentioned, although even most critics said they would recommend Jobs to a position of public trust. Several mentioned that Jobs would distort reality to accomplish his goals, and that while his contributions to the tech industry could not be underscored, his willingness to do whatever it took to obtain them left some colleagues and employees disenfranchised.

Jobs is certainly a special case, perhaps – could an individual whose redeeming qualities were less stellar have obtained the same clearance? Perhaps it all goes back to mitigating circumstances – even in the face of lawsuits, LSD and questionable ethics, Jobs was able to demonstrate a “whole-person” aspect that rounded out the rough spots.

What do you think – if you were investigating Steve Jobs would he have gotten the clearance? What about a candidate today with a similar background, but a less famous name?

Security Clearance Career Profiles: DOHA Investigator

Posted by on 09 Feb 2012 | Tagged as: Clearance Jobs, Cleared News, Investigations

We’re launching a new article series at ClearanceJobs.com highlighting security clearance professions. If you work in the security clearance industry and would like to be featured email editor@clearancejobs.com.

Security Clearance Career Profile: Investigating the Tough Cases

by Ericka Cady for ClearanceJobs.com

Until recently I worked at the Defense Office of Hearings and Appeals (DOHA) where I adjudicated background investigations on defense contractors who had applied for security clearances. Defense contractor cases are usually handled by the Defense Industrial Security Clearance Office (DISCO), but when DISCO is unable to grant a clearance due to the complexity of the case, the entire file is sent to DOHA.

I occasionally received an easily resolved single-issue case, but most cases that arrived at my desk were incomplete and contained multiple complex issues. These cases involved applicants with massive unresolved issues, such as delinquent debts, criminal records (some dating back to the 1960s), drug use, current alcohol abuse, foreign preference or nationality concerns, and deliberate falsification.

DOHA is now located at Fort Meade, Md. in a new state-of-the-art building specifically designed for clearance adjudication. DOHA shares the building with 9 other DOD adjudication agencies. The new facility is very secure. Personnel are required to clear 3 different checkpoints before arriving at their desks. Building rules don’t allow for any recording devices, cell phones or laptops to come inside. Lockers for the storage of such personal items are provided near the metal detectors in the reception area. Once inside, I would go directly to my workspace, a cubicle in a sea of cubicles.

After dropping my purse and lunch, I listen to 6 to 10 phone messages left for me since leaving work the previous evening. I turn on my computer and review the list of names from the phone messages, with full intent to marry them up with the actual file before attempting a return phone call.

Once logged into the computer, I pull up my email. Email is vital in DOHA. And by vital, I mean a lifeline. All information is passed in office email, from “Important all hands meeting in 20 minutes” to “Who left the coffee pot totally empty and still on?”

Read more…

 

Maryland Senate Proposes Tax Credit for Security Clearance Expenses

Posted by on 03 Feb 2012 | Tagged as: Cleared News

Maryland State Senator Roger Manno and 27 of his Senate colleagues have proposed a State income tax credit for costs incurred to obtain federal security clearances. The bill (SB296) would require “the Governor of Maryland to make a $6,000,000 appropriation in FY2014 and FY21015 for the tax credit, applying the Act to all taxable years beginning after December 31, 2011.”

Sounds great, but who would actually benefit from this tax credit. The bill does not define “federal security clearance” and it’s unclear whether the term “security clearance” is being used generically to cover all federal clearances (such as National Security Clearances, Public Trust Clearances, HSPD-12 Credentialing, and Transportation Worker Identity Credentials) or whether only National Security Clearances for access to classified national security information will be covered. Nor does the bill hint at the potential number of Maryland residents who might be able to claim the tax credit or the nature of the clearance-related expenses that will be covered. A call to Senator Manno’s office disclosed that the tax credit is primarily intended to benefit federal contractors and/or their employees, but no specific information was readily available.

The vast majority of federal contractor security clearances are processed by the Defense Industrial Security Clearance Office (DISCO), a component of the Defense Security Service (DSS). DOD approved $238.5M in federally appropriated funds for FY2012 to pay for the cost of DSS processing contractor security clearances, and DSS has never charged defense contractors or defense contractor employees for either the cost of personnel security clearances or facility security clearances.

So, the question remains, who will benefit from this tax credit? Will most of the $6M languish in a special fund and be unavailable for other State purposes, or will someone in the Maryland Senate research the subject and either withdraw the bill or rewrite it so it might actually provide some benefit to Maryland workers who are seeking jobs in the defense industry?

New Contract Seeks to Streamline Defense Department Security Clearance Process

Posted by on 05 Jan 2012 | Tagged as: Cleared News

A $39 million task order contract awarded this week to CACI International Inc. includes software engineering and integration services for the Defense Logistics Agency’s security clearance process.

Dan Allen, CACI President of U.S. Operations, said, “With this new task order to support the Department of Defense, CACI will directly enhance the nation’s ability to ensure that only the highest quality professionals receive security clearances. Our direct experience in building advanced interoperable and modular systems for the federal government makes us an excellent choice for this important work.”

The new contract is for a seven-month base period with nine option periods of varying lengths. CACI will provide a service-oriented architecture solution to the security-clearance process, with the goal of increasing timeliness and efficiency.

It will be a work worth following in the coming months and comes on the heels of several efforts to increase the speed and efficiency of the clearance process in the face of some harsh assessments.

Trial of Wikileaks Suspect Raises Clearance Questions

Posted by on 20 Dec 2011 | Tagged as: Cleared News

At a military hearing of Pfc. Bradley Manning, accused of leaking thousands of classified documents to the website Wikileaks, a major issue being presented by the defense team is whether Manning should have had access to sensitive information in the first place.

Described by his defense team as a troubled soldier dealing with gender identity issues, Manning’s attorneys sought to place responsibility on his military chain of command for ignoring signs he shouldn’t have been given access to classified computer systems.

Under cross examination by the defense, federal witnesses have acknowledged failures in procedure that allowed Manning to keep both his security clearance and access to secure facilities despite his exhibiting behavior described as “unstable.”

One issue preventing superiors from taking further action that was cited in the trial was the shortage of intelligence analysts with the knowledge and skills to take Manning’s place.

While gender identity is being cited by the defense as an issue that should have alerted superiors, as the ClearanceJobs.com article “Sexual Behavior and Security Clearances” states, it’s sexual behavior that indicates personality or emotional disorder that’s the problem, not specific sexual behavior itself… Continue Reading »

Expedited Airport Security May Be New Security Clearance Perk

Posted by on 14 Nov 2011 | Tagged as: Cleared News

Expedited security screening at airports may be possible for individuals with security clearances, said TSA Administrator John Pistole.  In an address before George Washington University’s Homeland Security Policy Institute, Pistole said that he was working with the director of national intelligence to explore the possibility.

Frequent fliers are no strangers to the long lines and invasive procedures that have made the TSA the subject of public complaint and congressional oversight. Several months ago the TSA offered some relief, with the PreCheck program, launched in four U.S. airports under limited use. Frequent fliers were given the option to undergo prescreening and in return, get some of their travel dignity back. PreCheck fliers have their own airport security line and are able to keep their shoes, belt and jackets on, as well as laptops and liquids in their luggage.

There are no details on when clearance holders may be eligible for the PreCheck program, or if a new but similar program might be launched.  But even the possibility would be welcome news for security cleared professionals who spend a lot of time in airports.

“Clearly, that is a category of people that we as a society know and trust more than others,” said Pistole.

OPM Issues New Rule for Public Trust Investigations

Posted by on 11 Nov 2011 | Tagged as: Cleared News, Investigations

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 »

State Department Official Protests Security Clearance Suspension

Posted by on 21 Oct 2011 | Tagged as: Cleared News, Investigations

Writing a book criticizing the way your organization does its job and writing a critical blog post linking to a classified document on Wikileaks may seem like a good idea, but it has proven a good way to get your security clearance suspended for Peter Van Buren.

Van Buren, a State Department foreign service officer, recently published the book We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, all while still working in the human resources department at the Department of State, and holding a top secret security clearance. Van Buren has been critical of his employer in several interviews and blog postings, including an Aug. 25 post which linked to a 2009 Wikileaks released cable about the sale of military parts to Libyan president Muammar Qadaffi, who was killed this week… Continue Reading »

OPM Issues New Security Clearance Investigation Guidelines

Posted by on 13 Oct 2011 | Tagged as: Cleared News, Getting/Updating a Clearance, Investigations

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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