Security Clearance Guidelines
Foreign Preference
The Concern. When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.
Conditions that could raise a security concern and may be disqualifying include:
a. The exercise of dual citizenship;
b. Possession and/or use of a foreign passport;
c. Military service or a willingness to bear arms for a foreign country;
d. Accepting educational, medical, or other benefits, such as retirement and social welfare, from a foreign country;
f. Residence in a foreign country to meet citizenship requirements;
g. Using foreign citizenship to protect financial or business interests in another country;
h. Seeking or holding political office in the foreign country;
h. Voting in foreign elections; and
i. Performing or attempting to perform duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.
Conditions that could mitigate security concerns include:
a. Dual citizenship is based solely on parents' citizenship or birth in a foreign country;
b. Indicators of possible foreign preference (e.g., foreign military service) occurred before obtaining United States citizenship;
c. Activity is sanctioned by the United States;
d. Individual has expressed a willingness to renounce dual citizenship.
Security Clearance Guidelines
Sexual Behavior
The Concern. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, subjects the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. (see footnote) Sexual orientation or preference may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance.
Conditions that could raise a security concern and may be disqualifying include:
a. Sexual behavior of a criminal nature, whether or not the individual has been prosecuted;
b. Compulsive or addictive sexual behavior when the person is unable to stop a pattern of self-destructive or high-risk behavior or which is symptomatic of a personality disorder;
c. Sexual behavior that causes an individual to be vulnerable to coercion, exploitation or duress;
d. Sexual behavior of a public nature and/or which reflects lack of discretion or judgment.
Conditions that could mitigate security concerns include:
a. The behavior occurred during or prior to adolescence and there is no evidence of subsequent conduct of a similar nature;
b. The behavior was not recent and there is no evidence of subsequent conduct of a similar nature;
c. There is no other evidence of questionable judgment, irresponsibility, or emotional instability;
d. The behavior no longer serves as a basis for coercion, exploitation, or duress.
Footnote: The adjudicator should also consider guidelines pertaining to criminal conduct; or emotional, mental, and personality disorders, in determining how to resolve the security concerns raised by sexual behavior.
Security Clearance Guidelines
Emotional, Mental, and Personality Disorders
The concern. Emotional, mental, and personality disorders can cause a significant deficit in an individual's psychological, social and occupational functioning. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. A credentialed mental health professional (e.g., clinical psychologist or psychiatrist), employed by, acceptable to, or approved by the government, should be utilized in evaluating potentially disqualifying and mitigating information fully and properly, and particularly for consultation with the individual's mental health care provider.
Conditions that could raise a security concern and may be disqualifying include:
a. An opinion by a credentialed mental health professional that the individual has a condition or treatment that may indicate a defect in judgment, reliability, or stability;
b. Information that suggests that an individual has failed to follow appropriate medical advice relating to treatment of a condition, e.g. failure to take prescribed medication;
c. A pattern of high-risk, irresponsible, aggressive, anti-social or emotionally unstable behavior;
d. Information that suggests that the individual's current behavior indicates a defect in his or her judgment or reliability.
Conditions that could mitigate security concerns include:
a. There is no indication of a current problem;
b. Recent opinion by a credentialed mental health professional that an individual's previous emotional, mental, or personality disorder is cured, under control or in remission and has a low probability of recurrence or exacerbation;
c. The past emotional instability was a temporary condition (e.g., one caused by a death, illness, or marital breakup), the situation has been resolved, and the individual is no longer emotionally unstable.
Security Clearance Guidelines
Personal Conduct
The Concern. Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information. The following will normally result in an unfavorable clearance action or administrative termination of further processing for clearance eligibility:
a. Refusal to undergo or cooperate with required security processing, including medical and psychological testing; or
b. Refusal to complete required security forms, releases, or provide full, frank and truthful answers to lawful questions of investigators, security officials or other official representatives in connection with a personnel security or trustworthiness determination.
Conditions that could raise a security concern and may be disqualifying also include:
a. Reliable, unfavorable information provided by associates, employers, coworkers, neighbors, and other acquaintances;
b. The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities;
c. Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination;
d. Personal conduct or concealment of information that may increase an individual's vulnerability to coercion, exploitation or duress, such as engaging in activities which, if known, may affect the person's personal, professional, or community standing or render the person susceptible to blackmail;
e. A pattern of dishonesty or rule violations, including violation of any written or recorded agreement made between the individual and the agency.
f. Association with persons involved in criminal activity.
Conditions that could mitigate security concerns include:
a. The information was unsubstantiated or not pertinent to a determination of judgment, trustworthiness, or reliability;
b. The falsification was an isolated incident, was not recent, and the individual has subsequently provided correct information voluntarily;
c. The individual made prompt, good-faith efforts to correct the falsification before being confronted with the facts;
d. Omission of material facts was caused or significantly contributed to by improper or inadequate advice of authorized personnel, and the previously omitted information was promptly and fully provided;
e. The individual has taken positive steps to significantly reduce or eliminate vulnerability to coercion, exploitation, or duress;
f. A refusal to cooperate was based on advice from legal counsel or other officials that the individual was not required to comply with security processing requirements and, upon being made aware of the requirement, fully and truthfully provided the requested information;
g. Association with persons involved in criminal activities has ceased.
Security Clearance Guidelines
Financial Considerations
The Concern. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Unexplained affluence is often linked to proceeds from financially profitable criminal acts.
Conditions that could raise a security concern and may be disqualifying include:
a. A history of not meeting financial obligations;
b. Deceptive or illegal financial practices such as embezzlement, employee theft, check fraud, income tax evasion, expense account fraud, filing deceptive loan statements, and other intentional financial breaches of trust;
c. Inability or unwillingness to satisfy debts;
d. Unexplained affluence;
e. Financial problems that are linked to gambling, drug abuse, alcoholism, or other issues of security concern.
Conditions that could mitigate security concerns include:
a. The behavior was not recent;
b. It was an isolated incident;
c. The conditions that resulted in the behavior were largely beyond the person's control (e.g., loss of employment, a business downturn, unexpected medical emergency, or a death, divorce or separation);
d. The person has received or is receiving counseling for the problem and there are clear indications that the problem is being resolved or is under control;
e. The affluence resulted from a legal source; and
f. The individual initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.
