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The Office of the Inspector General of the Intelligence Community (ICIG) recently announced that it will audit the integrity and use of the security clearance data reported by selected Intelligence Community elements to the Office of the Director of National Intelligence (AUD-2020-001). The audit will include the following Intelligence Community elements:
- Central Intelligence Agency
- Defense Intelligence Agency
- Department of State
- Federal Bureau of Investigation
- National Geospatial-Intelligence Agency
- National Reconnaissance Office
- National Security Agency
- Office of the Director of National Intelligence
The length of time to process security clearances has been a longstanding concern of Congress, industry, candidates for hire, and Intelligence Community elements that require cleared personnel to accomplish their missions. The Director of National Intelligence, as the Security Executive Agent, is responsible for assuring the quality, timeliness, consistency, and integrity of national security vetting practices. Data concerning security clearance processing timeliness are used to inform decisions made by the Security Executive Agent and are integral to managing an efficient security clearance process.
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In his message presenting the Semiannual Report, the Inspector General of the Intelligence Community, Michael K. Atkinson, highlighted the multi-faceted work of Inspectors General and their responsibilities and opportunities to be positive forces for change in the U.S. government. The primary role of Inspectors General is to prevent and detect waste, fraud, and abuses of authority relating to the programs and activities they oversee. An abuse of authority can take many forms, and Inspectors General are empowered, by law, to review and investigate such abuses of authority, from the minor to the more serious. In the most egregious matters, abuses of authority may involve an intentional violation of the law. In those most egregious matters, Inspector General Atkinson expressed the view that Inspectors General are among our nation’s “first responders,” who act swiftly and appropriately when – through audits, investigations, inspections, or reviews – possible wrongdoing is revealed.
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The Office of the Inspector General of the Intelligence Community (ICIG) recently completed the Fiscal Year (FY) 2019 independent evaluation of the Office of the Director of National Intelligence’s (ODNI’s) information security program and practices as required by the Federal Information Security Modernization Act of 2014 (FISMA). FISMA requires federal agencies to establish agency-wide, risk-based security programs for the information systems that support the agency, including those systems provided or managed by another agency or operated by contractors. FISMA prescribes an annual self-assessment and independent evaluation of an agency’s information security program and practices. The ODNI Chief Information Officer conducts the annual self-assessment and the ICIG performs the annual independent evaluation.
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Inspector General of the Intelligence Community Michael K. Atkinson, along with the Inspectors General from the United States Department of Justice, National Geospatial-Intelligence Office, and National Security Agency, attended the annual meeting of the Five Eyes Intelligence Oversight and Review Council (the FIOR Council) held in London from October 15-17, 2019. Each of the Five Eyes countries, Australia, Canada, New Zealand, the United Kingdom, and the United States, has organizations responsible for examining the legality of its intelligence activities. During this year’s conference, hosted by the United Kingdom’s Investigatory Powers Commissioner’s Office (IPCO), representatives gave updates on developments in their jurisdictions, changes in legislation, and good practice to date. Participants explored ways of encouraging transparency and enhancing public trust while maintaining national security requirements. The participants also discussed the importance of independence.
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The Office of the Inspector General of the Intelligence Community (ICIG) recently completed an audit of the Office of the Director of National Intelligence’s (ODNI) implementation of the Cybersecurity Information Sharing Act of 2015 (CISA) (AUD-2019-003). The objective of the audit was to assess the actions taken over the prior, most recent, two-year period to carry out the requirements of CISA.
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On October 22, 2019, the Council of the Inspectors General on Integrity and Efficiency (CIGIE) sent a letter on behalf of 67 Inspectors General to the Honorable Steven A. Engel, Assistant Attorney General of the Department of Justice Office of Legal Counsel (OLC). In its letter, CIGIE expresses support for the position taken by the Inspector General of the Intelligence Community (ICIG), as set forth in the ICIG’s earlier letter to OLC, dated September 17, 2019. In its letter of support, CIGIE stated, “[W]e agree with the ICIG that the OLC opinion creates a chilling effect on effective oversight and is wrong as a matter of law and policy. We urge you to reconsider the conclusions of the OLC opinion and withdraw or modify it.” CIGIE also concluded that: “OLC substituted its judgment and reversed a determination the statute specifically entrusted to the ICIG because of its independence, objectivity, and expertise to credibly assess the information. In our view, the OLC’s opinion undermines the independence of the ICIG and wrongly interprets the respective roles and responsibilities of IGs and agency heads under the ICWPA [Intelligence Community Whistleblower Protection Act].”