B-307316, Department of the Army--Availability of Funds for Security Clearance Expenses, September 7, 2006

B-307316 Sep 07, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights An Army captain's costs of renouncing his Turkish citizenship in order to obtain a security clearance necessary for his assignment to the United States Army Center for Health Promotion and Preventive Medicine can be considered an official, not a personal, expense since they are incurred incident to the Army requirement that he obtain a security clearance for his new assignment. View Decision B-307316, Department of the Army--Availability of Funds for Security Clearance Expenses, September 7, 2006 Decision Matter of: Department of the Army—Availability of Funds for Security Clearance Expenses File: B-307316 Date: September 7, 2006 DIGEST An Army captain's costs of renouncing his Turkish citizenship in order to obtain a security clearance necessary for his assignment to the United StatesArmyCenter for Health Promotion and Preventive Medicine can be considered an official, not a personal, expense since they are incurred incident to the Army requirement that he obtain a security clearance for his new assignment. Because the costs were incurred primarily for the benefit of the government, GAO has no objection to reimbursing the captain for such expenses. DECISION The United States Army Center for Health Promotion and Preventive Medicine (USACHPPM or Center) has requested a decision under 31 U.S.C. sect. 3529 on whether its appropriated funds are available to reimburse an Army captain costs he incurred in renouncing his Turkish citizenship. The captain held dual citizenship with the United States and with Turkey. He renounced his Turkish citizenship in order to obtain a security clearance necessary for his position. A security clearance is required for the captain's new assignment at the Center. As explained below, the costs of the captain's renouncing his Turkish citizenship can be considered an official, not a personal, expense since they were incurred incident to the Army requirement that he obtain a security clearance for his new assignment. Accordingly, we view the costs of the renunciation as primarily benefiting the government. GAO has no objection to reimbursing the captain for such expenses. BACKGROUND By orders dated May 3, 2005, the Army transferred Captain Nizamettin Gul from the Army Medical Research Institute of Infectious Diseases (Research Institute) to the U.S. Army Center for Health Promotion and Preventive Medicine (USACHPPM) located at the Aberdeen Proving Ground, Maryland. Memorandum from Thomas R. Bender, Deputy Chief of Staff for Resource Management, to the Comptroller General, Jan. 26, 2006 (Bender Memorandum). He was assigned to serve as the Chief of the Department of Defense Cholinesterase Reference Laboratory. As chief, Captain Gul's duties consist of ensuring the health and safety of all personnel working with chemical warfare nerve agents at stockpile and chemical demilitarization sites, chemical schools, and research sites. He is responsible for ensuring the integrity of the laboratory's medical surveillance program and for conducting tests for the Defense Threat Reduction Agency. He also serves as a subject matter expert for the detection of nerve agent exposure.[1] A secret security clearance is a requirement for holding the Laboratory Chief position. USACHPPM Military Personnel Office Table of Distribution and Allowances; Bender Memorandum, para. 5. Accordingly, while Captain Gul was still working at the Research Institute, the Army conducted its investigation to determine if he qualified for a security clearance. Bender Memorandum, para. 2. The federal personnel security program under which military personnel are considered for security clearances is governed by Executive Order No. 12968, Access to Classified Information, 60 Fed. Reg. 40,245 (Aug. 7, 1995). The order requires that members must have a security clearance to have access to classified material. Id. at sect. 1.2a. Eligibility determinations for security clearances are based on information concerning a member that is acquired through the investigation conducted pursuant to the order. Id. at sect. 3.2a. To get a security clearance, a member must be determined to be eligible for one based upon a favorable adjudication of an investigation of his background. With exceptions not relevant here, security clearances may be granted only to U.S. citizens whose personal and professional history –affirmatively indicates loyalty to the United States . . . as well as freedom from conflicting alliances.— Id. at sect. 3.1b. Captain Gul held dual citizenship with the United States and with Turkey. Shortly after his arrival at the Center, a security assistant in the office of the Deputy Chief of Staff for Operations informed Captain Gul that because of his dual citizenship his clearance could not be finalized, and that the Center required him to renounce his Turkish citizenship. Bender Memorandum at para.