FREE CONSULTS – SAFELY FROM YOUR HOME 1-855-423-6568 HOME ABOUT US CONTACT US LOCATIONS VIDEO LIBRARY PRACTICE AREAS ATTORNEYS BLOG PODCAST SECURITY CLEARANCES AND CONTINUOUS EVALUATION Submitted by the Bond & Botes Law Offices - Thursday, June 17, 2021 By Ronald C. Sykstus Anyone who holds a security clearance is aware that the “renewal” for the clearance is every ten years for a secret and every five years for a top secret. I wrote previously about the big and new change regarding the use of artificial intelligence and continuous evaluations of security clearance holders. Big Changes in the Security Clearance World | Bond & Botes Law Offices That change is now here and it is officially in place. According to the National Counterintelligence and Security Center, “the CES is an information technology (IT) system that conducts automated checks of security-relevant information, a capability that is the cornerstone of security clearance transformation efforts within the Trusted Workforce 2.0 framework and the move toward government-wide Continuous Vetting.” While it will not replace the periodic investigations, those will now be deferred and performed based on an event or risk driven model rather than a calendar driven model. To this point, over the past year, I have seen a number of clients receive letters from the Consolidated Adjudication Facility (CAF) at a time before the “calendar” renewal was due. The letter will say something like this: “The Department of Defense (DoD) Consolidated Adjudications Facility’s (CAF) review of developed information disclosed information that may have a bearing on the Subject’s eligibility for access to classified information and/or assignment to duties that have been designated national security sensitive.” The letter will then direct the Facility Security Officer (FSO) to make a request to the security clearance subject to complete a new SF 86 form through the e-QIP (electronic Questionnaire for Investigation Processing) system. For a detailed explanation and FAQ regarding Continuous Evaluation, please visit this unclassified link from the National Counterintelligence and Security Center: CE_FAQ_Sep_2020.pdf Obviously, security clearances are important for a myriad of reasons, not the least of which is that it allows for stable employment by the people that hold clearances, to include military servicemembers, government civilian employees and government contractors. When a clearance is in jeopardy or an incident or problem comes up that may impact a clearance, the holder of the clearance is well advised to be on top of any issues or concerns that the government may have regarding his or her clearance. The security clearance directive that the government follows as it relates to clearance concerns lists out several areas that the government looks at in determining whether it is clearly consistent with the national interest for a person to be allowed access to classified information. The following are the areas of concern: (2) GUIDELINE B: Foreign Influence (3) GUIDELINE C: Foreign Preference (4) GUIDELINE D: Sexual Behavior (5) GUIDELINE E: Personal Conduct (6) GUIDELINE F: Financial Considerations (7) GUIDELINE G: Alcohol Consumption (8) GUIDELINE H: Drug Involvement and Substance Misuse (9) GUIDELINE I: Psychological Conditions (10) GUIDELINE J: Criminal Conduct (11) GUIDELINE K: Handling Protected Information (12) GUIDELINE L: Outside Activities (13) GUIDELINE M: Use of information Technology Overlaying these areas of concern that the government has as it relates to the granting of security clearances is the concept of self-reporting. The system is predicated upon full and open disclosure and the expectation that someone applying for or who already holds a security clearance will volunteer all relevant information. What I can say about this, from my perspective, is as follows: Be careful to whom you disclose your concern. Really think about this before you disclose anything and I would advise you to consult with an attorney before you do anything. To me, there is a very specific and defined way that you should disclose information and make sure you have all of your ducks in a row, so to speak, before you make the disclosure. As an aside, do not delay with the disclosure. Expect that you will have to, almost immediately, complete a new SF86 form through the e-QIP system. Be very thoughtful and thorough in your responses to the SF-86, not only for the “problem” questions but also for every question. If you have the slightest concern about answering anything on the SF-86, I would advise you to consult with an attorney before you do anything. Also, at the same time, do not delay completing the new SF-86 or the link will disappear and your clearance, if you have one, will terminate. At that point, your access to classified material will end as will, in most cases, your job. I have seen this happen a number of times and it takes months and months just to get back into the system to get the link so you can complete it. If you have a security clearance or want to get one or if a concern arises about your clearance, make sure you know your complete situation as early as possible. If you would like to consult with me, I always advise people to do so at the earliest possible time, preferably BEFORE you are required to complete the SF 86 form or answer any questions, to include interrogatories. Please feel free to contact me, by phone at 256-713-0221 or email, if you would like to discuss any concerns that you have regarding your clearance. My goal is to put any security clearance issues and concerns that you may have to rest at the earliest and lowest possible level. Book “Security Clearance Issues, Problems, Denials and Revocations” – author. 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