What is the new Continuous Evaluation Program for Security Clearance Holders

Continuous Evaluation (CE) is an ongoing screening process to review the background of an individual who is assigned to a sensitive position or has access to classified information or material. It exists to ensure that the individual should continue to retain a security clearance or the assignment to sensitive duties. CE leverages a set of automated record checks and business rules to assist in the ongoing assessment of an individual's continued eligibility. For more information on CE, see Executive Order (EO) 13467, as amended by EO 13741 and EO 13764.

This month the Department of Defense's Defense Counterintelligence and Security Agency will be taking responsibility for the background investigations for United States government personnel, including contractors. Previously, the Office of Personnel Management carries out these investigations through the National Background Investigations Bureau, who conducts the background assessments of over 100 federal agencies. Language depicted in the National Defense Authorization Act of the 2017 fiscal year, however, has directed the responsibility to the investigations to be carried out by the Department of Defense.

Security Clearance Reevaluation Process

The Department of Defense's Continuous Evaluation program will process periodic reinvestigations of national security clearance holders.  Prior to this change, top security clearance holders were reinvestigated every five years. Holders of secret clearance were reinvestigated every 10 years, and individuals that hold confidential clearances were reinvestigated every 15 years. Under the Continuous Evaluation program, the Department of Defense seeks to assess clearance holders on an ongoing basis. This will apply to anyone holding a clearance.

Proponents of the new changes claim that previous reinvestigations were far too time consuming and contributed to the buildup of investigations that has overwhelmed federal agencies for many years. The accumulation of cases has grown from 190,000 in 2014 to over 695,000 cases as of November 2018.

Several years ago, the Department of Defense had pilot tested the process and examined the effectiveness and value of the Automated Continuous Evaluation System and was satisfied with the results. The evaluation system had sampled approximately 3,400 Army service members, contractors, and civilian employees. According to the pilot review, the system identified that about 22% of the tested participants had a previous unreported derogatory information, which developed since the last investigation. Approximately 3% of the derogatory information involved issues such as financial, domestic abuse charges, or illicit drug abuse. These findings resulted in the suspension or revocation of the security clearance of those individuals.

Through the ongoing evaluation process, diverse forms of automated data checking will be performed by using different sources such as social media, credit report checking, self-reporting records, and personnel records. The main objective is to identify relevant material that would prompt a review of the security clearance holder's file. It is also set to enable federal agencies the opportunity to prioritize their efforts on individuals who appear to pose a risk. This criteria that will be used for assessing individuals can be found under the National Security Adjudicative Guidelines.

How the Continuous Evaluation Program Currently Affects You

If you are a national security clearance holder, the Continuous Evaluations program will review your background and determine if you continue to be eligible for access to national classified information or if you are eligible to hold a sensitive position. The program will leverage technology in order to perform automated checks for personnel on a frequent basis.

The Continuous Evaluation program will use commercial databases, federal government databases, or other platforms of information that are legally available to security officials. Information that is collected in the Continuous Evaluation program is not set to replace traditional methods; rather, the program will supplement the traditional and periodic investigations. All privacy protections that were previously applicable to personnel will continue to apply under the Continuous Evaluation program.

Presently, if you are part of the following list, you will be subject to the Continuous Evaluation program:

  • Executive Branch personnel, including detailees, employees and contractors,
  • Have been pre-determined to have eligibility to access classified information, or
  • Hold a sensitive employment position

By signing the Standard Form 86, you have contested your authorization to the release of personal information or submission to periodic background investigations for the purpose of acquiring a security clearance. Here, you grant the United States government the authority to conduct background checks, reinvestigations, or continuous evaluations.

Obtain the Support of an Experienced National Security Attorney

The Defense Counterintelligence and Security Agency has taken over a majority of national security clearances and has also implemented a Continuous Evaluation program in effort of minimizing federal agencies massive backlog of investigative personnel information.

While the program is set to aid the productivity of federal agencies, the frequent investigations have the potential to affect your national security clearance. If you have recently been affected by these investigations, seek the legal support of a qualified attorney who will advocate on your behalf.

Attorney Brett O'Brien has many years of dedicated experience in the field of national security clearance. If your security clearance has been halted, your employment could be at risk; seek the support of an attorney who will aggressively advocate on your behalf today.