Army Attempts to Fast Track Security Clearances in Fort Monmouth Closing

As part of the closing of Fort Monmouth, the Army is attempting to cut down on the time it takes for newly hired post employees performing critical support for the continuing conflicts in Iraq and Afghanistan to gain the "top secret" security clearance required for their work.^[1]

However, the plan to put top secret security clearances on a fast track is drawing fire from some critics.^[2]

The normal 15-month security clearance process that the DOD is attempting to circumvent has been on the watch list of the Government Accountability Office for two years, which has criticized the program in several audits since 2005.^[3]

Fort Monmouth, which employs approximately 5,000 people and supports another 22,000 jobs, provides about $3.2 billion to New Jersey’s economy. Its closing is the result of the 2005 Base Realignment and Closure round, the nationwide effort by the Pentagon to restructure the military and save money.^[4]

The 2005 BRAC commission is requiring the Pentagon to report to Congress on its plan to shutter the post without disturbing the aid its employees provide to soldiers fighting in Iraq and Afghanistan.^[5] This must be done before the post can be closed.^[6]

The so-called caveat report was given to Congress at the end of December. Due to the Army's security clearance proposal, as well as other concerns, it was immediately blasted and a GAO audit was called for. The agency agreed, however a time line has not been set.^[7]

The report outlines the Army's plan to relocate the fort's mission to Aberdeen, Maryland and identifies possible challenges along the way and the strategies to overcome them.^[8] Among these problems is a shortage of workers willing to relocate. The Army believes that only about 30 percent of the current fort workers are willing to relocate to Aberdeen.^[9] This number corresponds with the results of internal surveys provided to post workers last year.^[10]

As such, the Army will face a shortage of scientists and engineers qualified to carry out the work needed to support the ongoing war on terrorism.^[11] According to the report, the Army thinks it can hire enough people to make up for this shortage and has requested the money and authority to hire more people in lieu of the closure.^[12]

According to the report, "virtually all (the fort's core mission) positions, including those supporting GWOT (Global War on Terrorism) and other contingency operations, require a Secret or Top Secret security clearance."^[13]

Those clearances necessitate an extensive, four-phase investigation into a potential hire’s background.^[14] This process averages 446 days — or roughly 15 months — to complete. Submission of the application only, the first phase in the process, takes an average of 111 days.^[15] However, the Government Accountability Office contends that even with that amount of time, the process is seriously flawed.^[16]

The regulations governing the Office of Personal Management (OPM), the office responsible for national security investigations, are located at 5 C.F.R. 732 and 736.^[17] Of particular interest is 5 C.F.R. 732 the applicability of which extends to “those positions that involve activities of the Government that are concerned with the protection of the nation from foreign aggression or espionage, including development of defense plans or policies, intelligence or counterintelligence activities, and related activities concerned with the preservation of the military strength of the United States.”^[18]

All investigations under this Part are conducted pursuant to OPM issuances.^[19] The due process rights afforded by this regulation are limited. 5 C.F.R. 732 provides that an agency making an adjudicative decision must retain records of any agency action, provide notice of the reasons for that decision, allow an opportunity for the applicant to respond, and offer that applicant notice of any appeal rights they might have.^[20] Once this occurs then the agency may make a final adjudicative decision.^[21]

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[1] Keith Brown, Critics Cite Security Risk in Hiring Plan, Asbury Park Press, Jan. 14, 2008 (available at http://www.app.com).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] 5 C.F.R. Part 732 (2008); 5 C.F.R. Part 736 (2008).
[18] Id at Part 732.102.
[19] Id.
[20] Id at Part 732.301.
[21] Id.