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COVID-19 Effects on Cleared Contractors

Client Alert | 1 min read | 04.02.20

On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things:

  • DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will instead conduct continuous monitoring engagements through virtual outreach.
  • Cleared contractors with safeguarding remain responsible for ensuring classified material remains appropriately secured, even in areas implementing mandatory quarantines. DCSA provides guidance regarding handling end-of-day checks of security containers, approved closed areas, and special access program facilities during the pandemic.
  • Cleared contractor personnel furloughed or not in pay status should be removed from access in JPAS and need not complete annual refresher training. Overdue training must be completed within 60-days of returning to normal operations.
  • DCSA will extend all information systems’ Authorizations to Operate (ATO) expiring before April 18, 2020 for an additional 90 days. Security Control Assessment (SCA) activity will continue, but the on-site portion will be deferred.
  • DCSA will continue to process facility clearance (FCL) actions. However, the inquiries telephone line is suspended, and contractors seeking status updates or other assistance may instead leave detailed voicemail messages on the Knowledge Center line at 888-282-7682 or e-mail the Facility Clearance Branch (FCB) at dcsa.fcb@mail.mil.
  • The Department of Defense (DoD) Consolidated Adjudication Facility (CAF) call center is temporarily suspended. Inquiries may be e-mailed to whs.meade.dodcaf.mbx.dodcaf-callcenter@mail.mil, and an agent will follow up.


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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....

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