HSPD-12

I will make it as short as I can. Following 9/11/01 attacks, Bush issued a number of directives aimed at changing the posture of the Federal Government. These edicts, Homeland Security Presidential Directives, defined the rainbow colors of terrorism threat levels meant to keep us afraid but not too afraid (HSPD-3), established policy for continuity of the executive branch, and, among other things, called for a government-wide standard for federal identification.

The new standard requires that all personnel with long-term access to federally-controlled facilities and IT resources pass background checks and be issued tamper-proof, biometrics-capable ID. The background checks have been part and parcel of federal civil service from time immemorial; the caveat is that from now on the same checks would also be performed on contractor personnel. This is where the enormity of the endeavor becomes apparent.

Take NASA, for example. The space agency operates ~10 centers, with ~19000 employees and at least ~70000 on-site contractors. Similarly, the Department of Energy employs ~16000 civil servants and at least ~100000 contractors.

"Contractors" in these agencies, as well as in some others include researchers working in privately-run facilities such as NASA’s Jet Propulsion Lab (run by Caltech) and DOE’s Lawrence Berkeley National Lab (University of California) and Fermilab.

Investigations

Anyone with long-term access to such facilities will be required to submit to a background investigation of varying levels. At the very least, neighbors, landlords, employers (current and former) and acquaintances are asked to provide their take on the person’s mental and emotional stability, financial integrity, drug and alcohol use, and even "general conduct". Criminal, credit and education history are also checked. In some cases, detailed medical record and financial institution searches are performed. Investigators will look at person’s sexual morality (sodomy, bestiality and "carnal knowledge" are disqualifying factors)

This is the same investigation as the one required for Civil Service, but these contractors will not have the benefit of civil service job stability, federal medical and retirement benefits, or union representation. Even those in civil service will be re-investigated.

At EPA, students hired to study effects of toxins on amphibians and paid $14.88/hour are required to undergo the more intrusive investigation, including a medical record search.

Who in their sane mind would agree to such invasion of privacy if they have any alternative whatsoever? The best and the brightest will no longer work for the government, as a contractor or even as an employee of a company doing business with the government.

Cost

The number of new investigations required by the directive is estimated to be ~ 10 million. The cost of the background investigation will run the taxpayers minimum of $350 (more if there are any issues at all, even a divorce or a bankruptcy).

, for a total of $3.5 Billion. Loss of productivity (U.S. Treasury allows its employees two work days to gather the documentation needed to initiate the investigation) will likely double that number.

Not unexpectedly, there is little effect on security at federal facilities. The background investigations cannot be meaningfully conducted on recently hired foreign nationals, a large contingent at national labs. The policy also specifically excludes those employed for less than 6 months.

With the clear indications of a downside for the taxpayer, the contractor employees, and for the government efficiency, one has to ask who benefits from this.

First, it is effectively a stealth introduction of a national ID card, RealID

Second, the government gets to keep a database of ~10 million persons investigated, plus their ~10-15 employer, neighbor and personal references.

Corruption

And third (actually, this is probably "first"), a for-profit company, United States Investigations Services, now performing the background checks for the government, get a $3.5B boost to its bottom line. Who is one of just two USIS major investors? That would be The Carlyle Group.

Curiously, the employees of USIS, a private entity, do not need to undergo the investigations.

Failure

Destroying the Federal government by making what remains of it Brownie-incompetent; failing the stated purpose of the action; collecting tens of millions of new personal data records to sift through; neglecting to investigate those who really need to be investigated; all the while making personal profit. With this administration it is not a bug, it’s a feature.

Resistance

Is there hope? Employees of NASA’s JPL, while doing their day job of exploring the solar system, have mounted a significant outreach effort (http://hspd12jpl.org/) and will welcome any financial or legal help. Employees and contractors at Goddard Space Flight Center aren’t happy either.

Contractor employees at the U.S. Department of Education are irked at both privacy invasion and the "loyalty oath" aspect of that agency’s policy.

Some vote with their feet (contractor for U.S. Bureau of Land Management and a JPL employee)

Some in Congress are paying attention, but with time running out, and Congress reluctance to take on anything Bush connects to "homeland security", legislative or oversight interventions do not look promising.

Consequences

After Katrina, Grover Norquist’s bathtub drowning reference transcended from being a metaphor to become a deadly reality. Next time, there might not be a satellite to take images of the devastation.