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Out-of-Scope Investigation Should Not Prevent Access

Dec.22.2016

On December 7, 2016, the Director for Defense Intelligence issued a memorandum that DoD components should not deny individuals with current eligibility in the Joint Personnel Adjudication System access to classified material based on an out-of-scope investigation, unless derogatory information calls into question the individual’s continued eligibility for access. The memorandum states that personnel security clearances do not expire, but that DoD components have been denying cleared contractor employees access to defense facilities and classified information because delays in processing background investigations have resulted in many periodic reinvestigations being overdue.

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David Z. Bodenheimer
Partner – Washington, D.C.
Phone: +1 202.624.2713
Email: dbodenheimer@crowell.com
Mark Ries
Senior Counsel – Washington, D.C.
Phone: +1 202.624.2794
Email: mries@crowell.com