With geopolitical tensions on the rise between the U.S. and Russia and China, both clearance holders and applicants with foreign ties are growing more concerned that their overseas experiences or origins – which are often in demand in government and intelligence careers – may also cost them their clearance eligibility.
That’s also the topic of a recent white paper written by the Intelligence and National Security Alliance (INSA). The paper, Promoting Cultural Diversity in the Intelligence Community: Recruiting and Clearing Personnel with Foreign Ties calls on the government to assess its current vetting practices around individuals with foreign ties.
“Innovative recruiting and vetting practices can identify, address, and mitigate challenges associated with personnel with foreign ties in the national security workforce. Success depends upon a shift from a risk-averse approach to a multilayered strategy of ongoing risk management,” the report recommends.
Thee issue of foreign influence was also the topic of our latest conversation with security clearance attorney Sean Bigley.
“This is not supposed to be a commentary on someone’s loyalty or allegiance to the United States,” said Bigley. The issue is whether or not the individual could be coerced into giving up classified information or sensitive information based on their relationships or interests overseas. The concern is the parents living in China or property investments, and the risk that the Chinese government would say they would imprison your parents or confiscate your assets unless you compromise information, said Bigley.
“There are big differences on whether or not that will happen based on the country,” he noted.
How might foreign influence be applied under Continuous Vetting
Foreign influence issues aren’t necessarily just a factor for new clearance applicants. With geopolitical tensions rising, some clearance holders are wondering if a renewed interest in their country of origin could also results in a renewed scrutiny of their clearance eligibility.
“There has definitely been some concern lately from people who have gotten a clearance previously…there is a concern that resent geopolitical events would make the government revisit that clearance,” said Bigley.
Continuous vetting as it stands may pull in foreign travel issues, but it isn’t likely to create red flags around many of the factors that may play into a foreign influence issue. But self reporting rules – including those around foreign travel – certainly apply. A clearance holder who finds him or herself traveling to visit family overseas should continue to report that information.
In many cases, the best way to mitigate foreign influence issues isn’t necessarily to cut off ties overseas – but to strengthen ones stateside.
“A lot of folks that we encounter who are facing foreign influence cases – their focus is what can I do to show these ties overseas aren’t an issue,” said Bigley. “They fail to see the bigger picture – one of the ways you can do that is highlighting and drilling into the ties you have here. They’ve lived here for decades, their spouse is a U.S. citizen, their kids are U.S. citizens, they have a 401(k), they pay taxes, they’re involved in their community – it places the foreign ties into perspective,” he notes.
Bigley advised picturing the scales of justice – and being able to indicate that the scales are so overweighed with the United States that you would clearly side with the U.S., even if your foreign relatives or assets were at risk.
A key recommendation of both Bigley and the INSA report is to ensure candidates with foreign influence factors don’t simply drop out of the process. “A recruiter’s “best guess” as to how the security process would treat a candidate’s foreign ties would do a disservice to the candidate, and potentially prolong an already lengthy process,” the INSA report noted. Applicants with foreign influence concerns may face a lengthier clearance application process, but best guesses aren’t the best way to assess clearance eligibility, or to advise applicants.
“It’s not a lost cause. In the vast majority of cases we can mitigate those concerns,” said Bigley.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws and government policies are subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
