Security Clearance Background Checks—McCaskill, Tester Probe Oversight Plans for Creation of New Agency

WASHINGTON – U.S. Senators Claire McCaskill and Jon Tester are probing the transition of federal security clearance background checks to a newly created agency— raising concerns about whether there is a concrete plan for the creation, operation and oversight of the new bureau.

“We are concerned that this transition is moving forward without firm plans in place for the transition, operation and oversight of the new bureau,” the Senators wrote in the letter.  “We also want to ensure that the [National Background Investigations Bureau] will not simply be a new name for the [Federal Investigative Service]. Instead, it is critical that you make significant structural changes to improve the integrity, management and oversight of the security clearance process. We also remain concerned about the timeliness of current and pending investigations and want to ensure that plans are in place to address the significant backlog of background investigations during this transition, while maintaining the integrity of the investigation process.”

The letter follows McCaskill’s recent introduction of legislation to give the Pentagon’s top watchdog the authority to conduct oversight of the newly-created National Background Investigation Bureau—dedicated to managing the security clearance background investigation processes, which has been plagued by backlogs and cybersecurity concerns in recent years, including a major cyberattack in 2014. As currently envisioned, no single watchdog would have lead oversight authority of the entire agency.

Tester and McCaskill have introduced bipartisan legislation to increase accountability and oversight of background checks for individuals who can access secure facilities by directing the Office of Personnel Management to terminate or place on leave any employee that is involved in intentional misconduct affecting the integrity of background investigations.

Following the systemic problems with the security clearance background check process highlighted by security leaks from contractor Edward Snowden and the tragic shooting at the Washington Navy Yard, McCaskill revealed that USIS, the company responsible for conducting the background investigations for both Snowden and Navy Yard shooter Aaron Alexis, was under criminal investigation. After McCaskill questioned the fact that USIS had two separate contracts with the federal government—one to conduct background investigations, the other to oversee the quality of background investigations conducted by contractors, including USIS itself—the federal government stopped allowing private contractors to oversee their own work in security clearance background checks.

Full text of the letter can be found HERE.

Visit mccaskill.senate.gov/accountability to learn more about McCaskill's fight to strengthen accountability in Washington.

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