My Wife Faces Homeland Security Part I

"Yeah, that's it. Just relax.
Have another drink, few more pretzels, little more MSG.
Turn on those Dallas Cowboys on your TV.
Lock your doors. Close your mind.
It's time for the two-minute warning.

Welcome to 1984
Are you ready for the third world war?!?
You too will meet the secret police
They'll draft you and they'll jail your niece"

--Dead Kennedys, "We've Got a Bigger Problem Now"

Have you been PERSONALLY affected by the Bush Administration's erosion of our Constitutional Rights? Well, now my family is coming face to face with a direct assault on the Bill of Rights, an assault on my wife's rights. This assault comes directly from Bush with no input from Congress whatsoever.

Homeland Security Presidential Directive Number 12...

This Presidential Directive is all about choice, or so they say. One of those twisted, Orwellian "choices" that isn't a choice. My wife's choice is she can either sign over to the Federal Government the right to investigate every aspect of her life (including fingerprinting, credit check, medical records, character references, etc.) or she can "voluntarily" choose to not be allowed entry into the building wherein she works. The choice is hers. The rights that are being lost are those of every single American citizen.

My wife is a graduate student at a joint program between NASA and Columbia University called the Goddard Institute for Space Studies (GISS). Her department uses satellite data and computer modeling to study the atmosphere, climate and climate change. NASA, of course, has many top secret projects, projects which require high security. No one questions the need for high security and detailed background checks for specific, highly sensitive projects. This is perfectly reasonable.

But the Federal Government under Bush is now insisting that ALL employees, contractors, students, etc. associated with NASA agree to allow an investigation into their lives should the Federal Government deem it necessary for any reason. In short, Homeland Security is demanding that all NASA employees, contractors, etc. right down to students like my wife, agree to undergo the same kind of scrutiny as if they ALL worked in a top secret program. They are treating ALL of NASA as if it was one big secret program. This strikes me as insanely inefficient in addition to highly intrusive.

If you don't agree to voluntarily submit to this, you do not get issued an ID badge that will allow you into the building where you work. The ID card system is contracted out to a British defense contractor called Ultra Electronics Card Systems, a branch of Ultra Electronics Holdings plc. I guess we can consider ourselves lucky that the contract didn't go to Halliburton or to a Dubai company.

This is Bush America. You can voluntarily give up your civil liberties or voluntarily choose to lose your job. Those are your "choices." Is this is what they mean when they say "get government off our backs?"

Keep in mind that Homeland Security Presidential Directive Number 12 is NOT A LAW. Congress and the Supreme Court have had no say in it or in its implementation (covered under FIPS 201 (PDF)). It is a declaration made by Bush, not a law legislated by Congress.

Let me ask you this: When the President of a nation can make a unilateral declaration that invalidates laws passed by Congress (e.g. the Privacy Act of 1974), laws passed by the States, and the Constitution itself, what do you have: a.) a democracy, b.) a republic, c.) a dictatorship. The answer is "c." When laws and the Constitution are subservient to the directives of a single individual, it is a dictatorship. I am sorry. But I cannot interpret this in any other way. Call it a nascent dictatorship if you prefer. But we now have a system where a directive by a single individual takes precedence over law (Federal and State) and Constitution. THAT is about as un-American as you can get.

The basic idea of the declaration is not bad. The idea is to create a more consistent ID system across government agencies. It applies to contractors the same basic standards that government employees have to go through to get ID badges. So far so good. The implementation, however, amounts to an abandonment of your Constitutional rights and agreeing to a potentially intrusive investigation process that is similar to that carried out for full security clearances. Nothing in the declaration itself requires the level of intrusiveness and trampling on rights that the implementation is insisting on. And yet the implementation goes on, separating government employees from their rights.

NASA scientists are pissed. From the Jet Propulsion Lab (JPL) in Pasadena, CA, to the Goddard Space Flight Center (GSFC) in Maryland, to GISS in Manhattan, NASA scientists are checking their Bill of Rights and calling foul on Homeland Security. NASA scientists are insisting that they be treated like American citizens, not like potential terrorists. Yes, my wife is being treated not like an American citizen, not like a scientist, not like a trusted member of society. She is being treated like a potential terrorist.

Well, this isn't the first time my wife has been viewed as a potential terrorist. After all, the mayor of NYC, Michael Bloomberg, called all of us New Yorkers who protested the 2004 Republican Convention as being the equivalent of al-Qaeda. My wife, while 8 months pregnant, was one of those protesters who Michael Bloomberg accused of being like al-Qaeda. So Bloomberg and Bush both don't trust my wife. But in this case, it isn't anything personal. All NASA scientists are being treated as if they cannot be trusted.

I have been talking with my wife and with Dr. Robert Nelson, Senior Scientist at JPL, about this issue and have permission to quote some of the dialogue that has been going back and forth around NASA. Much of what follows is quoted from emails between NASA labs as NASA employees try to come to grips with what this all means to them as individuals and as American citizens.

So, let's get down to some real details. Please bear with me as some of it is technical. But I want those with real technical and legal experience to get the details. Dr. Robert Nelson of JPL began his questioning of the new Homeland Security procedure by asking a simple question of NASA security for clarification:

"What is the basis in law of the fingerprinting requirement?"

The response he received from is the following: (emphasis mine)

Executive Order 10450 requires National Agency Checks with Written Inquiries (NACI) for all Federal employees. Recognizing that a large portion of the Federal workforce consists of contract employees...in his capacity as the Chief Executive Officer for the United States Government...George W. Bush signed Homeland Security Presidential Directive 12 (HSPD-12) which extends this requirement to employees of contractors working on Federal contracts. Further, through the implementing document FIPS-201, all individuals accessing Federal facilities or Federal Information Technology (save public facing web sites) are required to undergo the NACI background investigation (at a minimum). Part of the NACI investigation is the collection of fingerprints which must be submitted to the [FBI] for inclusion in the FBI fingerprint database...

Providing this information to the government is voluntary; however, it may affect NASA's decision to grant access to NASA facilities or Information Technology resources.

So, ANYONE who "accesses Federal facilities" is REQUIRED to undergo the VOLUNTARY background investigation, including fingerprinting. And, by the way, where in the Constitution does it say that the President of the United States is the Chief Executive Officer for the United States Government?

But fingerprinting is just the beginning. According to Dr. Nelson:

A review of the material that we are required to supply to [the] FBI via...NASA indicates that there are concerns in addition to fingerprinting regarding personal privacy associated with HSPD#12. We are being asked to sign blanket waivers that permit investigators to intrude into our personal financial and medical records. The information that we are being asked to supply is very similar to the information requested for a full security clearance.

Let's look a little closer. This is from the instructions to the form most NASA employees at the Jet Propulsion Lab in Pasadena are likely to use (Form 85p):

1. All persons will be required to sign the General Release, which includes a statement that a credit release and/or medical history release may be required at a later date; and the Certification of Correctness.

2. Persons refusing to sign the General Release and the Certification of Correctness shall not be processed and shall be referred back to their program manager for any discussion and repercussions.

3. Security shall request that persons sign the Credit History and Medical Release Forms to expedite the process and shall advise them that Security/OPM will only access the information if it is needed.

There are four things, as I understand it, that need signing: A General Release (this is the most blanket release), the Certification of Correctness (sounds bad, but it really is a minor thing where you just sign to say your aren't lying), a Credit History Check, and a Medical Release Form. The instructions REQUIRE the signing of the first two, otherwise security cannot process your paperwork and hence cannot issue a new ID badge usable by the British Defense Contractor's security system. The second two do not need to be signed, but it will "expedite the process" and the information thus made accessible will only be accessed "if it is needed." The General Release Form itself also contains disturbingly intrusive items. And often those in charge of informing people about the security process are not being straightforward about these disturbing items. In fact, Michael Braukus, a NASA spokesperson, was quoted by a Pasadena paper that:

We are not asking for financial or personal data. That's just been some miscommunication; that's what we need to correct.

And yet even a superficial perusal of the documents (as I outline both above and below) indicates that this is PRECISELY what they are doing: asking for financial and personal data. They even ask for character references and can interview your neighbors about you. The forms CLEARLY demand both financial and personal data. Therefore it is hard to say that the NASA spokesperson is properly portraying the situation to the mainstream media.

Dr. Nelson has analyzed the actual forms and the accompanying instructions in great detail. This is what he finds...and he seems to be a better analyst than those who wrote the instructions to the forms:

There are two different types of questionnaires, one for Non-sensitive positions, the other for Public Trust positions. The relevant questionnaires are called sf85 and sf85p. In addition, we have been supplied with a document that purports to provide guidance regarding which questionnaire applies to any particular type of work. It appears that most scientists and engineers at JPL would be required to respond to questions for the Public Trust...(sf85p) due to...access to spacecraft operations and spacecraft data...

We have also been provided with a document that purports to compare the requirements of the Non-sensitive [sf85], Public Trust [sf85p], and Security Clearance [sf86] classifications...The comparison document:

1. Falsely claims that the sf85p form is distinguished from a sf86 [full Security Clearance form] in that the sf85p...does not request the identification of family members and their citizenship. The form sf85p clearly demands this information in item #15.

2. It furthermore falsely claims that the sf85p form does not require information about the applicant's military record. The sf85p form demands for this information immediately following question #16b.

3. It further falsely claims that the sf85p form does not request information about financial delinquencies. This information is specifically demanded in question #22a,b on form sf85p.

This gives you both an idea of how intrusive the questions are, as well as how inaccurate the information being provided about the process can be. But the intrusiveness gets worse. Back to Dr. Nelson's analysis: (emphasis mine)

The final two pages of the sf85p form deserve special attention. These are general release form and the medical release form. These documents require us to permit the investigators to intrude into our personal information including our financial records, and our character references. In addition, these forms contain language that permits the investigators to pass our personal information on to private parties in the form of contractors who they might hire to support their investigations. These waivers permit these investigators to access our medical records including our mental health records. They also contain clauses that permit them to require us to sign an additional waiver downstream should anyone they interview decline to provide the investigators with information in the hope of protecting our privacy. In the event that we refuse to sign such waivers the questionnaire clearly states on the front that they may elect not to process our application, thus depriving the applicant of an identification badge. Page one of the form states:

Giving us the information we ask for is voluntary, However, we may not be able to complete your investigation, or complete it in a timely manner, if you don't give us each item of information we request. This may affect your placement or employment prospects.

Okay. Those of you who took the time to read that, let it sink in. My wife, who is a pretty level-headed person, considers it pretty damned scary. And so do I. And so do many NASA scientists. Three NASA institutions are expressing concern in email exchanges and publicly. The ripples of protest are spreading from JPL in Pasadena, to GSFC in Maryland, to GISS in NYC. JPL has taken the lead mainly because they figured out what was up first. But NASA employees are exploring legal actions, resigning, protesting, writing Congress, everything they can to fight the intrusion into their life. Many don't have much time to make a choice. Once you get the email demanding compliance, you have 10 days to comply or you forfeit your right to enter the building where you work. Doesn't mean you will be immediately barred, but you forfeit your right, so that at any time you may find a new security system that keeps you out. Some emails have already gone out. So far my wife hasn't received hers. And she is not sure what she will do when she does. But JPL employees have until Sept. 28th to comply with Homeland Security Presidential Directive #12. And some have initiated a lawsuit in U.S. District Court in Los Angeles:

The lawsuit says NASA is violating the Constitution by calling on employees --everyone from janitors to visiting professors _ to permit investigators to delve into medical, financial and past employment records, and to question friends and acquaintances about everything from their finances to sex lives. Those who refuse could lose their jobs, the suit says.

I think it is worth reiterating the scariest part of this. And, again, I am indebted to Dr. Nelson's articulate analysis: (emphasis, and sarcasm, Dr. Nelson's this time)

Apparently the forms we are being required to fill out ( sf85 and sf 85p are voluntary. We are being asked to voluntarily waive our constitutional rights. We are not being required to do it. HOWEVER IF WE DECLINE TO PROVIDE THIS INFORMATION WE WILL NOT BE FIRED. BUT WE WILL NOT BE GIVEN A BADGE. Hence we will not have access to our offices or our computers...Thus we will be derelict in our duties. For further information of this novel management approach please see (Kafka, Franz, The Trial, ISBN 0805209999...)

Well, you might say, NASA is a special case, right? But Homeland Security is initiating this same process not just throughout all of NASA, but the same thing is happening at the Bureau of Land Management (BLM) and the Department of Education (DoEd) and quite probably elsewhere (a friend told me he heard about another department facing this...but I haven't been able to confirm that). In fact, a woman at the BLM refused to sign these intrusive, un-American waivers, and was dismissed for her refusal. Her actions we interpreted as "quitting" and hence she was denied unemployment benefits. She sued successfully and received unemployment benefits. Of course this lawsuit, though critical, did not address the fundamental civil rights issues of the case.

What gives the Federal government the right to demand this information of you? Even simple fingerprinting is not automatic, let alone medical records, the immigration status of your spouse, etc. All of this is supposed to be private and only under special circumstances (e.g. a Top Secret project or with due process of the law) can the government obtain these. The Constitution guarantees this and it is reinforced by privacy laws (such as the Privacy Act of 1974). Yet Homeland Security claims that HSPD-12 trumps the law and trumps the Constitution. This is just plain unacceptable. No single individual in America is supposed to be able to make a declaration and thereby trump law and Constitution. ANYONE who tells you otherwise is un-American and should be confronted with their un-American beliefs.

And what about efficiency and National Security? How much money and time will be wasted on this? The paperwork, the new security systems (the money going to a British company), the time and money spent investigating all BLM, DoEd and NASA employees... oh but we don't have the money to screen cargo coming into our ports for radioactive material. This is a wild misuse of Federal funds as well as being an abuse of Federal power. Inspect cargo coming into port, not our shoes as we walk into an airport or NASA employees who are working on basic research with no security issues at stake. The Federal Government under Bush is not only excessively intrusive, but also inefficient and ineffective in dealing with terrorism. And, let's not discount the potentially negative impact this could have on the morale of people working for the Federal government, since this whole procedure assumes that the employee cannot be trusted and must first be investigated.

A declaration by one man superceding law and Constitution, insulting the integrity and intruding on the privacy of thousands of government employees, costing millions of dollars...and for what. Dr. Nelson puts it precisely:

On 9/12, Osama bin Laden, son of one of Saudi Arabia's most wealthy families, became a fugitive...The ensuing war on terror has cost 3500 US lives and the lives of orders of magnitude more Iraqi civilians. Despite this, bin Laden remains on the loose. There remains a question of relevance, "How do personal background intrusions and fingerprinting of 5000 JPL colleagues help apprehend bin Laden?"

How indeed...

So that is what my wife is facing...a choice that isn't a real choice. Sign away her rights or risk her job. And I don't know what her decision will be. I can't advise her.

I just want to end with a reminder of the vision our Founding Fathers had regarding freedom and security in America:

"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."
--often attributed to Benjamin Franklin, possibly really Richard Jackson

"Sell not virtue to purchase wealth, nor Liberty to purchase power."
--definitely Benjamin Frankin

This piece was originally posted here.

Comments

[mrcontinental]

The folks who already work for the government don't consider this an issue and never have, it has always been one of the sacrifices and until now has gone relatively unnoticed.

Contractors have always enjoyed a more lax existence and most government employees have always found it disturbing so the government is taking steps to bring everyone on a more even playing field regarding access to facilities and the information available within them.

I work in Information Technology and more complete background information collection is becoming the norm at all government agencies. This is a necessary step because you need to know a great deal about the individuals that have the ability to expose or compromise your enterprise networks and with many agencies being forced to share information and resources you must have high minimum standards in place to ensure the integrity of all systems.

The most dangerous thing to a network are it's users. There are to many ways for individuals to either relay information in and out of any organization so the first line of defense are intense background checks to minimize the chance of hiring someone who may not have the organizations best interest in mind.

Persons with massive debt or a history of mental issues have always been targeted as possible people vulnerable to being compromised by outside agents. The CIA, FBI, NSA, StateDept have always conducted extensive checks along with polygraphs before hiring employees so how can you expect these agencies to work with other agencies whose standards are far more lax? You cannot expect them to do so just as you cannot allow contractors to roam your facilities with impunity. The only alternative then is to make all positions subject to the more intense scrutiny of a secret clearance which is a monumental waste of money and resources and would leave most government agencies understaffed for long periods of time.

Of course the private sector doesn't conduct background investigations. Microsoft or Boeing, or Citibank will just hire you and give you access to critical and sensitive company information with no questions asked.

[jywmpg]

Actually, it is just plain not true to say that this has always happened. I have worked at JPL for 20 years, and there has never been this level of scrutiny. Nothing remotely similar. Period.

[mrcontinental]

Well it's a new day then. If you don't want to comply with the new increased scrutiny for contractors and students entering facilities with top secret or secret information feel free to seek employment elsewhere then. Otherwise get ready for the same level of scrutiny that government employees have been subjected to for years.

[tanager]

A class action suit is in progress brought by 28 scientists and engineers at JPL (me being one). Our hearing is October 1st at 4pm. We are suing NASA, Caltech, and the Department of Commerce. We are seeking a preliminary injunction against the HSPD-12 implementation process. Although it is a JPL suit, depending on how the judge responds, it could impact all of NASA, and potentially all government agencies. More info, including the legal filings, is available at hspd12jpl.org.

[wiseferret]

I don't see how this breach of law can be challenged without it being brought into the courts as a violation of the constitution. It needs to be challenged, too. Considering the numbers of people involved in different agencies, a class-action suit seems appropriate.
A mass walk out would also be good in the short term, but the long term is a fight about who really does get to write the rules- the executive branch or Congress?

[CarmanK]

Hey, that's just what I was thinking. Welcome to Orwell's 1984. Read Naomi Klein's book "The Shock doctrine" and understand what drive the Bush/Cheney/Rumsfeld troika. It is fascinating!! I know Arianna talked about it the other day, but she did not give it justice.
This book names to the economic ideologies that the Troika is using in their attempt to sell out America like they have the Iraqis. Can you imagine Paul Bremer imposing on the Iraqi's before their government is formed, an obligation to sign 40 year contracts with foreign companies, that give 100% ownership to foreign companies of Iraqi assets including their only airport etc..and adding, insult to injury, wave taxation of all their profits which may leave the country. The profits do not have to be reinvested to create jobs and build the Iraqi economy. Homeland security is a joke in the US. It is an inconvenience to keep us off guard and in a constant state of fear, no matter how real the threat is.

[jywmpg]

I work at JPL and can say first hand that the original post is accurate, and that this is going on right now. But, as far the post goes, it does not capture some of the Orwellian nuance of the situation.

For instance, Form 85P demands that you release health and financial info. There was resistance to that, so the government 'relented' and said most people would only have to fill out Form 85, which does not explicitly require this info be disclosed. However, the wording at the end of Form 85 clearly says that you must release any information the they might want, including but explicitly not limited to, the health and financial info. So, Form 85 says you agree to give up more info, not less. Or you will be 'voluntarily resigned' in the next few weeks. I am not kidding.

Another nifty thing is that you must agree to hold the government and its agents harmless from any damage that might arise from divulging the information. So, if someone steals the info (identity theft), or someone otherwise misuses you personal info, tough luck.

The investigation will involve federal agents interviewing your neighbors about your behavior (drug and alcohol usage, financial habits, etc). The final question they will be asked is "Do you have any adverse information about the applicant?" Any adverse information.

Ultimately, you must swear, under the penalty of perjury, that you are divulging all of this information voluntarily and without coercion. Or you lose your job. Before the end of October .

It gets better: This directive allegedly applies to everyone that works in the executive branch: All departments (DOD, DOE, DOT, Commerce, Interior, etc) and agencies (e.g. NASA), although it is not clear at this time that all agencies will chose to enforce it the way NASA is enforcing it at JPL. It applies to scientists, gardeners, secretaries, janitors, technicians, everyone.

The government is demanding that we stake our livelihoods and our identities on an opaque security system with few, if any, safeguards.

And they want that right now!

[richw23]

Jeez, that's scary. I think we need a version of Atlas Shrugs where everyone productive refuses to work for the government under these conditions.

Actually, I just looked at ZingoBonMot's post. Maybe it's already happening.

[DavidJames]

I saw "Across the Universe" last night. It reminded me of how we used to protest a war based on lies. There were cheers and applause at the end of the film. I think that we are on the verge of rioting again.

Wiser now, I do not think rioting in the streets will be as effective, as just moving retirement savings accounts from US investments to foreign investments(maximizing your IRA, SEP or 401K contribution reduces funding for the war). They can ignore our letters and protests, but as capital dries up they will get the message.

Defund the immoral fascists that are running our government.

[LAnonymous]

JPL scientists, engineers and support personnel set up a web site, HSPD12jpl.org, to keep track and publicise the latest developments in their resistance against HSPD-12. The "Law Suit" tab, http://hspd12jpl.org/lawsuit.html, follows the legal action, and includes the court filings. A federal judge will decide on whether to grant an injunction against the implementation within a few days, following a hearing this Monday, October 1.
A DOJ civil litigation team from Washington is representing NASA. Their main argument: "September 11".
While you are at HSPD12jpl.org website, visit their "Forum". The discussion widened from JPL-specific implementation concerns to those of other Federal contractors and civil service employees.

[breakfast]

Stephen Colbert (Colbert Report-Comedy channel) made a point in one of his recent shows about us, yesterday and today. Can't quote it exactly, but he pointed out that in the old days we expressed our opposition by taking it to the streets. Now we express ourselves by blogging, pounding on our keyboards.

Hard for wage slaves to risk losing our jobs and miss making the monthly payments. By having become consumers rather than citizens, we have slowly sold ourselves out.

I think things are going to get a lot worse before they better.

[mgloraine]

The boys at BushCo long to be the Gestapo / STASI with a multi-terabyte database on everyone. What makes it pathetic and almost laughable is the US Government's demonstrated incapacity to build or buy any kind of coherent data structure to house the information they NEED to be tracking. FBI, CIA, DIA, NSA, DHS, INS, the DMV, do any of these agencies adequately house and share the data they already possess? No. Remember the FBI recently paid contractors millions of dollars to build them a database which didn't work and which they eventually scrapped as a total loss.

Isn't it true that every major spying incident or security breach in US history has been perpetrated by people WITH security clearances? So their LEGITIMATE security screening fails to prevent critical leaks or even outright treason amongst those who actually handle secret information. It would seem more appropriate to devote some of that concern about "homeland security" to the places where it is clearly missing, rather than inventing new outsourcing opportunities for their Crony Corps.

Unfortunately, this will not prevent the mercenaries and agents of der Decider from disrupting people's lives to find embarrassing facts, and creating some whenever they turn up empty-handed.

This is a license to witch-hunt, which needs to be referred to a federal judge who isn't on the BushCo dole. If there are any...

[MNinWI]

Impeach.

[Galvestonians for Dr. Ron Paul]

Ron Paul is the only candidate that has said he will put an end to all of this.
He is real and he tells the truth, like it or not.

[slg]

even if you've done nothing wrong you've got nowhere to hide.

[itmaybetoolate]

How long before this rule is applied to any institution that receives federal funds (for example, colleges, universities)? Many, many, many more people will be asked to do this BEFORE the end of 2008 - mark my words.

[kwright]

land of the free? home of the brave? we the people have handed over our basic freedoms in a most cowardly fashion. we need general strikes, with hold taxes from our pay checks, and protests up and down the pike. a call for moratoriums at least once a week. targeting the biggest companies, schools, small business. if you are not willing to fight for what you believe in then you are part of the problem. evil has flourished because good people have done nothing. it is time for change. speak out america. now is the time for all good people to come to the aid of our country. it needs to start somewhere.