DoD Continuous Evaluation Program

DoD Continuous Evaluation Program

February 1, 2021

The DoD Continuous Evaluation Program has evolved recently to modernize it. The updates in the program have massive implications for Servicemembers and others with security clearances.

Some security clearance holders may think that the only reporting requirements regarding their security clearance exist at the time of the their investigation and during their periodic and scheduled re-investigations.  This is not true.  There are certain reporting requirements that exist on a continual basis.  It appears that the Government is moving away from re-investigations, and may eventually rely on self-reporting and the DoD Continuous Evaluation Program.

Essentially, the DoD Continuous Evaluation Program exists to monitor certain records and information regarding individuals with security clearances.  The Government is vague about what records are monitored; however, it is certain that they monitor publicly available criminal and financial records.  While it is unclear if social media records are monitored, it is certainly plausible and likely that they will be included at some point as the program continues to evolve.

What does this mean for Servicemembers with security clearances?  Typically, if a Servicemember is arrested or charged with a crime near or on a Military Installation, it will be included in the daily "blotter" that gets sent to Commands and/or Security Managers.  However, the situation does arise where a Servicemember is arrested away from a military installation.  For example, a Servicemember can get arrested while on leave or while on an assignment in a town that does not have a blotter (i.e. recruiting duty).

The bottom line is that Servicemembers need to be aware of and understand this program.  While the Government has been unclear about its capabilities, it is a safe assumption to make that if a Servicemember takes some action that will end up in a public record, his/her Security Manager and Chain of Command will eventually become aware.  Any Servicemember that doesn't report their own conduct that is otherwise reportable, and then the DoD Continuous Evaluation Program catches it, is setting themselves up for failure when responding to subsequent actions from the Chain of Command.

Information about the DoD Continuous Evaluation Program is scarce.  However, click the links below for some additional detail:

https://news.clearancejobs.com/2020/01/14/what-is-continuous-evaluation/

https://www.dni.gov/index.php/ncsc-how-we-work/ncsc-security-executive-agent/ncsc-continuous-evaluation-overview

This article was written by Attorney Matthew Barry.

Contact him today for a free consultation.