The Foreign Service Journal, November 2014

80 NOVEMBER 2014 | THE FOREIGN SERVICE JOURNAL AFSA NEWS AFSA believes that people are the Foreign Service’s greatest asset. We therefore strive to ensure that the State Department is taking full advantage of the talents of our diverse, profes- sional and innovative diplomatic workforce. One of AFSA’s priority issues, included in the 2013-2015 strategic plan, is to promote transparency and fairness in security clearances. To serve in the Foreign Service one must hold and maintain a valid top-secret security clearance. The State Department’s Bureau of Diplomatic Security determines whether to grant a clearance based on governmentwide Adjudicative Guidelines (available on the State Department Intranet). AFSA supports the need for and principles of the security clearance process. However, AFSA has concerns about two aspects of its current implementation: assignment restrictions and what is commonly known as the “pass-through” program. The Assignment Restriction Program The assignment restriction program is administered by DS’ Office of Personnel, Security and Suitability. In a limited num- ber of cases, DS places a restriction on the employee’s secu- rity clearance (i.e., limiting the posts where employees can serve and, in some cases, the issues on which the employee can work). These assignment restrictions (also known as preclusions) may be placed on the employee at the time of hire or, subse- quently, when there is a change in the employee’s familial situ- ation (e.g., marriage to or cohabitation with a foreign national). The restrictions are driven by the Department of State’s inter- est in protecting the employee from potential undue foreign influence (see Adjudicative Guideline B). Assignment restrictions are a useful risk mitigation tool, but like any tool that limits agency and employee options, they require oversight to ensure proper application. The assign- ment restriction may, for instance, deprive the agency of an employee’s valuable language skills and regional expertise. In some cases the State Department has specifically recruited an employee for his or her language skills, only to have Diplomatic Security apply an assignment restriction that precludes the employee from utilizing that language on overseas assign- ments. At the same time, an employee who expected to specialize in a region and finds that he or she is subject to an assignment ISSUE BRIEF Assignment Restriction and Pass-Through Reform at the Department of State BY MATTHEW ASADA, AFSA STATE VICE PRESIDENT restriction will face the prospect of shifting his or her focus to a different language or regional emphasis. This may put that employee at a disadvantage compared to his or her colleagues who entered with a foreign-language proficiency without such restriction. Moreover, while the assignment restrictions are not intended to be a reflection of the employee’s loyalty to the country, employees with restrictions often perceive them as such. “Pass-Through” Program In addition to preclusions, a Foreign Service member’s assignments also can be affected by what is colloquially known as the “pass-through” program. Administered by Diplomatic Security’s Office of Counter Intelligence (DS/ICI/CI), the program evaluates employees who have been proposed for assignment to a critical Human Intelligence (HUMINT) threat post (see 12 FAM 263.3-2). This program constitutes a sepa- rate DS vetting process for employees who do not already have an assignment restriction, although on occasion the pass- through program can result in a restriction. Under the pass-through program, DS/ICI/CI evaluates security and suitability factors that could adversely affect an employee’s suitability for assignment in light of the heightened HUMINT threat and any personal vulnerability potentially subject to HUMINT exploitation. While the potential for foreign influence is one of the criteria under the pass-through pro- gram, other criteria include a history of poor security prac- tices, drug or alcohol abuse, emotional instability, financial mismanagement and previous service at the same post. After reviewing an employee’s security file, DS/ICI/CI pre- pares a recommendation to the Director General of the Foreign Service with respect to an employee’s suitability for assign- ment. The DG may accept or reject DS’ recommendation. DS must provide the DG with all pertinent information relating to its recommendation upon the DG’s request (see 12 FAM 263.3-2(c)). If the DG accepts DS’ recommendation to deny such an assignment—that is, if the employee fails pass-through—the employee is notified. He or she may file an appeal with the DG within 10 days. AFSA believes both the assignment restriction program and the pass-through program lack adequate mechanisms for employees to appeal these determinations.