Adjudicative Guidelines
For Determining Eligibility for Access
To Classified Information
Approved December 29, 2005
The following adjudicative guidelines are established for all U.S. Government
civilian and military personnel, consultants, contractors, employees of
contractors, licensees, certificate holders or grantees and their employees, and
other individuals who require access to classified information. They apply to
persons being considered for initial or continued eligibility for access to
classified information, to include sensitive compartmented information and
special access programs, and are to be used by government departments and
agencies in all final clearance determinations. Government departments and
agencies may also choose to apply these guidelines to analogous situations
regarding persons being considered for access to other types of protected
information.
Decisions regarding eligibility for access to classified information take
into account factors that could cause a conflict of interest and place a person
in the position of having to choose between his or her commitments to the United
States, including the commitment to protect classified information, and any
other compelling loyalty. Access decisions also take into account a person’s
reliability, trustworthiness and ability to protect classified information. No
coercive policing could replace the self-discipline and integrity of the person
entrusted with the nation’s secrets as the most effective means of protecting
them. When a person’s life history shows evidence of unreliability or
untrustworthiness, questions arise whether the person can be relied on and
trusted to exercise the responsibility necessary for working in a secure
environment where protecting classified information is paramount.
(a) The adjudicative process is an examination of a sufficient period of a
person's life to make an affirmative determination that the person is an
acceptable security risk. Eligibility for access to classified information is
predicated upon the individual meeting these personnel security guidelines. The
adjudication process is the careful weighing of a number of variables known as
the whole-person concept. Available, reliable information about the person, past
and present, favorable and unfavorable, should be considered in reaching a
determination. In evaluating the relevance of an individual's conduct, the
adjudicator should consider the following factors:
(1) the nature, extent, and seriousness of the conduct;
(2) the circumstances surrounding the conduct, to include knowledgeable
participation;
(3) the frequency and recency of the conduct;
(4) the individual's age and maturity at the time of the conduct;
(5) the extent to which participation is voluntary;
(6) the presence or absence of rehabilitation and other permanent
behavioral changes;
(7) the motivation for the conduct;
(8) the potential for pressure, coercion, exploitation, or duress; and
(9) the likelihood of continuation or recurrence;
(b) Each case must be judged on its own merits, and final determination
remains the responsibility of the specific department or agency. Any doubt
concerning personnel being considered for access to classified information will
be resolved in favor of the national security.
(c) The ability to develop specific thresholds for action under these
guidelines is limited by the nature and complexity of human behavior. The
ultimate determination of whether the granting or continuing of eligibility for
a security clearance is clearly consistent with the interests of national
security must be an overall common sense judgment based upon careful
consideration of the following guidelines, each of which is to be evaluated in
the context of the whole person.
(1) GUIDELINE A: Allegiance to the United States;
(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;
(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 Systems
(d) Although adverse information concerning a single criterion may not be
sufficient for an unfavorable determination, the individual may be disqualified
if available information reflects a recent or recurring pattern of questionable
judgment, irresponsibility, or emotionally unstable behavior. Notwithstanding
the whole-person concept, pursuit of further investigation may be terminated by
an appropriate adjudicative agency in the face of reliable, significant,
disqualifying, adverse information.
(e) When information of security concern becomes known about an individual
who is currently eligible for access to classified information, the adjudicator
should consider whether the person:
(1) voluntarily reported the information;
(2) was truthful and complete in responding to questions;
(3) sought assistance and followed professional guidance, where
appropriate;
(4) resolved or appears likely to favorably resolve the security concern;
(5) has demonstrated positive changes in behavior and employment;
(6) should have his or her access temporarily suspended pending final
adjudication of the information.
(f) If after evaluating information of security concern, the adjudicator
decides that the information is not serious enough to warrant a recommendation
of disapproval or revocation of the security clearance, it may be appropriate to
recommend approval with a warning that future incidents of a similar nature may
result in revocation of access.
Guideline A
Allegiance
to the United States
3. The Concern. An individual must be of unquestioned
allegiance to the United States. The willingness to safeguard classified
information is in doubt if there is any reason to suspect an individual's
allegiance to the United States.
4. Conditions that could raise a security concern and may be
disqualifying include:
(a) involvement in, support of, training to commit, or advocacy of any act of
sabotage, espionage, treason, terrorism, or sedition against the United States
of America;
(b) association or sympathy with persons who are attempting to commit, or who
are committing, any of the above acts;
(c) association or sympathy with persons or organizations that advocate,
threaten, or use force or violence, or use any other illegal or unconstitutional
means, in an effort to:
(1) overthrow or influence the government of the United States or any state
or local government;
(2) prevent Federal, state, or local government personnel from performing
their official duties;
(3) gain retribution for perceived wrongs caused by the Federal, state, or
local government;
(4) prevent others from exercising their rights under the Constitution or
laws of the United States or of any state.
5. Conditions that could mitigate security concerns include:
(a) the individual was unaware of the unlawful aims of the individual or
organization and severed ties upon learning of these;
(b) the individual's involvement was only with the lawful or humanitarian
aspects of such an organization;
(c) involvement in the above activities occurred for only a short period of
time and was attributable to curiosity or academic interest;
(d) the involvement or association with such activities occurred under such
unusual circumstances, or so much time has elapsed, that it is unlikely to recur
and does not cast doubt on the individual’s current reliability,
trustworthiness, or loyalty.
6. The Concern. Foreign contacts and interests may be a
security concern if the individual has divided loyalties or foreign financial
interests, may be manipulated or induced to help a foreign person, group,
organization, or government in a way that is not in U.S. interests, or is
vulnerable to pressure or coercion by any foreign interest. Adjudication under
this Guideline can and should consider the identity of the foreign country in
which the foreign contact or financial interest is located, including, but not
limited to, such considerations as whether the foreign country is known to
target United States citizens to obtain protected information and/or is
associated with a risk of terrorism.
7. Conditions that could raise a security concern and may be
disqualifying include:
(a) contact with a foreign family member, business or professional associate,
friend, or other person who is a citizen of or resident in a foreign country if
that contact creates a heightened risk of foreign exploitation, inducement,
manipulation, pressure, or coercion;
(b) connections to a foreign person, group, government, or country that
create a potential conflict of interest between the individual’s obligation to
protect sensitive information or technology and the individual’s desire to help
a foreign person, group, or country by providing that information;
(c) counterintelligence information, that may be classified, indicates that
the individual's access to protected information may involve unacceptable risk
to national security;
(d) sharing living quarters with a person or persons, regardless of
citizenship status, if that relationship creates a heightened risk of foreign
inducement, manipulation, pressure, or coercion;
(e) a substantial business, financial, or property interest in a foreign
country, or in any foreign-owned or foreign-operated business, which could
subject the individual to heightened risk of foreign influence or exploitation;
(f) failure to report, when required, association with a foreign national;
(g) unauthorized association with a suspected or known agent, associate, or
employee of a foreign intelligence service;
(h) indications that representatives or nationals from a foreign country are
acting to increase the vulnerability of the individual to possible future
exploitation, inducement, manipulation, pressure, or coercion;
(i) conduct, especially while traveling outside the U.S., which may make the
individual vulnerable to exploitation, pressure, or coercion by a foreign
person, group, government, or country.
8. Conditions that could mitigate security concerns include:
(a) the nature of the relationships with foreign persons, the country in
which these persons are located, or the positions or activities of those persons
in that country are such that it is unlikely the individual will be placed in a
position of having to choose between the interests of a foreign individual,
group, organization, or government and the interests of the U.S.;
(b) there is no conflict of interest, either because the individual’s sense
of loyalty or obligation to the foreign person, group, government, or country is
so minimal, or the individual has such deep and longstanding relationships and
loyalties in the U.S., that the individual can be expected to resolve any
conflict of interest in favor of the U.S. interest;
(c) contact or communication with foreign citizens is so casual and
infrequent that there is little likelihood that it could create a risk for
foreign influence or exploitation;
(d) the foreign contacts and activities are on U.S. Government business or
are approved by the cognizant security authority;
(e) the individual has promptly complied with existing agency requirements
regarding the reporting of contacts, requests, or threats from persons, groups,
or organizations from a foreign country;
(f) the value or routine nature of the foreign business, financial, or
property interests is such that they are unlikely to result in a conflict and
could not be used effectively to influence, manipulate, or pressure the
individual.
9. 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.
10. Conditions that could raise a security concern and may be
disqualifying include:
(a) exercise of any right, privilege or obligation of foreign citizenship
after becoming a U.S. citizen or through the foreign citizenship of a family
member. This includes but is not limited to:
(1) possession of a current foreign passport;
(2) military service or a willingness to bear arms for a
foreign country;
(3) accepting educational, medical, retirement, social
welfare, or other such benefits from a foreign country;
(4) residence in a foreign country to meet citizenship
requirements;
(5) using foreign citizenship to protect financial or
business interests in another country;
(6) seeking or holding political office in a foreign
country;
(7) voting in a foreign election;
(b) action to acquire or obtain recognition of a foreign citizenship by an
American citizen;
(c) performing or attempting to perform duties, or otherwise acting, so as to
serve the interests of a foreign person, group, organization, or government in
conflict with the national security interest;
(d) any statement or action that shows allegiance to a country other than the
United States: for example, declaration of intent to renounce United States
citizenship; renunciation of United States citizenship.
11. Conditions that could mitigate security concerns include:
(a) dual citizenship is based solely on parents' citizenship or birth in a
foreign country;
(b) the individual has expressed a willingness to renounce dual citizenship;
(c) exercise of the rights, privileges, or obligations of foreign citizenship
occurred before the individual became a U.S. citizen or when the individual was
a minor;
(d) use of a foreign passport is approved by the cognizant security
authority.
(e) the passport has been destroyed, surrendered to the cognizant security
authority, or otherwise invalidated.
(f) the vote in a foreign election was encouraged by the U.S. Government
12. The Concern. Sexual behavior that involves a criminal
offense, indicates a personality or emotional disorder, reflects lack of
judgment or discretion, or which may subject the individual to undue influence
or coercion, exploitation, or duress can raise questions about an individual’s
reliability, trustworthiness and ability to protect classified information. No
adverse inference concerning the standards in this Guideline may be raised
solely on the basis of the sexual orientation of the individual.
13. 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) a pattern of compulsive, self-destructive, or high risk sexual behavior
that the person is unable to stop or that may be 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 that reflects lack of
discretion or judgment.
14. Conditions that could mitigate security concerns include:
(a) the behavior occurred prior to or during adolescence and there is no
evidence of subsequent conduct of a similar nature;
(b) the sexual behavior happened so long ago, so infrequently, or under such
unusual circumstances, that it is unlikely to recur and does not cast doubt on
the individual’s current reliability, trustworthiness, or good judgment;
(c) the behavior no longer serves as a basis for coercion, exploitation, or
duress.
(d) the sexual behavior is strictly private, consensual, and discreet.
15. The Concern. Conduct involving questionable judgment, lack of candor,
dishonesty, or unwillingness to comply with rules and regulations can raise
questions about an individual’s reliability, trustworthiness and ability to
protect classified information. Of special interest is any failure to provide
truthful and candid answers during the security clearance process or any other
failure to cooperate with the security clearance process.
The following will normally result in an unfavorable clearance action or
administrative termination of further processing for clearance eligibility:
(a) refusal, or failure without reasonable cause, to undergo or cooperate
with security processing, including but not limited to meeting with a security
investigator for subject interview, completing security forms or releases,
including financial disclosure forms, if required, and cooperation with medical
or psychological evaluation;
(b) refusal to 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.
16. Conditions that could raise a security concern and may be
disqualifying include
(a) deliberate omission, concealment, or falsification of relevant 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;
(b) deliberately providing false or misleading information concerning
relevant facts to an employer, investigator, security official, competent
medical authority, or other official government representative;
(c) credible adverse information in several adjudicative issue areas that is
not sufficient for an adverse determination under any other single guideline,
but which, when considered as a whole, supports a whole-person assessment of
questionable judgment, untrustworthiness, unreliability, lack of candor,
unwillingness to comply with rules and regulations, or other characteristics
indicating that the person may not properly safeguard protected information;
(d) credible adverse information that is not explicitly covered under any
other guideline and may not be sufficient by itself for an adverse
determination, but which, when combined with all available information supports
a whole-person assessment of questionable judgment, untrustworthiness,
unreliability, lack of candor, unwillingness to comply with rules and
regulations, or other characteristics indicating that the person may not
properly safeguard protected information. This includes but is not limited to
consideration of:
(1) untrustworthy or unreliable behavior to include breach of client
confidentiality, release of proprietary information, unauthorized release of
sensitive corporate or other government protected information:
(2) disruptive, violent, or other inappropriate behavior in the workplace;
(3) a pattern of dishonesty or rule violations;
(4) evidence of significant misuse of Government or other employer’s time
or resources;
(e) personal conduct, or concealment of information about one's conduct, that
creates a vulnerability to exploitation, manipulation, or duress, such as (1)
engaging in activities which, if known, may affect the person’s personal,
professional, or community standing, or (2) while in another country, engaging
in any activity that is illegal in that country or that is legal in that country
but illegal in the United States and may serve as a basis for exploitation or
pressure by the foreign security or intelligence service or other group;
(f) violation of a written or recorded commitment made by the individual to
the employer as a condition of employment;
(g) association with persons involved in criminal activity.
17. Conditions that could mitigate security concerns include:
(a) the individual made prompt, good-faith efforts to correct the omission,
concealment, or falsification before being confronted with the facts;
(b) the refusal or failure to cooperate, omission, or concealment was caused
or significantly contributed to by improper or inadequate advice of authorized
personnel or legal counsel advising or instructing the individual specifically
concerning the security clearance process. Upon being made aware of the
requirement to cooperate or provide the information, the individual cooperated
fully and truthfully.
(c) the offense is so minor, or so much time has passed, or the behavior is
so infrequent, or it happened under such unique circumstances that it is
unlikely to recur and does not cast doubt on the individual’s reliability,
trustworthiness, or good judgment;
(d) the individual has acknowledged the behavior and obtained counseling to
change the behavior or taken other positive steps to alleviate the stressors,
circumstances, or factors that caused untrustworthy, unreliable, or other
inappropriate behavior, and such behavior is unlikely to recur;
(e) the individual has taken positive steps to reduce or eliminate
vulnerability to exploitation, manipulation, or duress;
(f) the information was unsubstantiated or from a source of questionable
reliability;
(g) association with persons involved in criminal activity has ceased or
occurs under circumstances that do not cast doubt upon the individual’s
reliability, trustworthiness, judgment, or willingness to comply with rules and
regulations.
Guideline F
Financial Considerations
18. The Concern. Failure or inability to live within one’s
means, satisfy debts, and meet financial obligations may indicate poor
self-control, lack of judgment, or unwillingness to abide by rules and
regulations, all of which can raise questions about an individual’s reliability,
trustworthiness and ability to protect classified information. An individual who
is financially overextended is at risk of having to engage in illegal acts to
generate funds. Compulsive gambling is a concern as it may lead to financial
crimes including espionage. Affluence that cannot be explained by known sources
of income is also a security concern. It may indicate proceeds from financially
profitable criminal acts.
19. Conditions that could raise a security concern and may be
disqualifying include:
(a) inability or unwillingness to satisfy debts;
(b) indebtedness caused by frivolous or irresponsible spending and the
absence of any evidence of willingness or intent to pay the debt or establish a
realistic plan to pay the debt.
(c) a history of not meeting financial obligations;
(d) 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;
(e) consistent spending beyond one’s means, which may be indicated by
excessive indebtedness, significant negative cash flow, high debt-to-income
ratio, and/or other financial analysis;
(f) financial problems that are linked to drug abuse, alcoholism, gambling
problems, or other issues of security concern;
(g) failure to file annual Federal, state, or local income tax returns as
required or the fraudulent filing of the same;
(h) unexplained affluence, as shown by a lifestyle or standard of living,
increase in net worth, or money transfers that cannot be explained by subject's
known legal sources of income;
(i) compulsive or addictive gambling as indicated by an unsuccessful attempt
to stop gambling, “chasing losses” (i.e. increasing the bets or returning
another day in an effort to get even), concealment of gambling losses, borrowing
money to fund gambling or pay gambling debts, family conflict or other problems
caused by gambling.
20. Conditions that could mitigate security concerns include:
(a) the behavior happened so long ago, was so infrequent, or occurred under
such circumstances that it is unlikely to recur and does not cast doubt on the
individual’s current reliability, trustworthiness, or good judgment;
(b) the conditions that resulted in the financial problem were largely beyond
the person's control (e.g., loss of employment, a business downturn, unexpected
medical emergency, or a death, divorce or separation), and the individual acted
responsibly under the circumstances;
(c) the person has received or is receiving counseling for the problem and/or
there are clear indications that the problem is being resolved or is under
control;
(d) the individual initiated a good-faith effort to repay overdue creditors
or otherwise resolve debts;
(e) the individual has a reasonable basis to dispute the legitimacy of the
past-due debt which is the cause of the problem and provides documented proof to
substantiate the basis of the dispute or provides evidence of actions to resolve
the issue;
(f) the affluence resulted from a legal source of income.
21. The Concern. Excessive alcohol consumption often leads to
the exercise of questionable judgment or the failure to control impulses, and
can raise questions about an individual’s reliability and trustworthiness.
22. Conditions that could raise a security concern and may be
disqualifying include:
(a) alcohol-related incidents away from work, such as driving while under the
influence, fighting, child or spouse abuse, disturbing the peace, or other
incidents of concern, regardless of whether the individual is diagnosed as an
alcohol abuser or alcohol dependent;
(b) alcohol-related incidents at work, such as reporting for work or duty in
an intoxicated or impaired condition, or drinking on the job, regardless of
whether the individual is diagnosed as an alcohol abuser or alcohol dependent;
(c) habitual or binge consumption of alcohol to the point of impaired
judgment, regardless of whether the individual is diagnosed as an alcohol abuser
or alcohol dependent;
(d) diagnosis by a duly qualified medical professional (e.g., physician,
clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence;
(e) evaluation of alcohol abuse or alcohol dependence by a licensed clinical
social worker who is a staff member of a recognized alcohol treatment program;
(f) relapse after diagnosis of alcohol abuse or dependence and completion of
an alcohol rehabilitation program;
(g) failure to follow any court order regarding alcohol education,
evaluation, treatment, or abstinence.
23. Conditions that could mitigate security concerns include:
(a) so much time has passed, or the behavior was so infrequent, or it
happened under such unusual circumstances that it is unlikely to recur or does
not cast doubt on the individual’s current reliability, trustworthiness, or good
judgment;
(b) the individual acknowledges his or her alcoholism or issues of alcohol
abuse, provides evidence of actions taken to overcome this problem, and has
established a pattern of abstinence (if alcohol dependent) or responsible use
(if an alcohol abuser);
(c) the individual who is a current employee who is participating in a
counseling or treatment program, has no history of previous treatment and
relapse, and is making satisfactory progress;
(d) the individual has successfully completed inpatient or outpatient
counseling or rehabilitation along with any required aftercare, has demonstrated
a clear and established pattern of modified consumption or abstinence in
accordance with treatment recommendations, such as participation in meetings of
Alcoholics Anonymous or a similar organization and has received a favorable
prognosis by a duly qualified medical professional or a licensed clinical social
worker who is a staff member of a recognized alcohol treatment program.
24. The Concern. Use of
an illegal drug or misuse of a prescription drug can raise questions about an
individual’s reliability and trustworthiness, both because it may impair
judgment and because it raises questions about a person’s ability or willingness
to comply with laws, rules, and regulations.
(a) Drugs are defined as mood and behavior altering substances, and
include:
(1) Drugs, materials, and other chemical compounds identified
and listed in the Controlled Substances Act of 1970, as amended (e.g.,
marijuana or cannabis, depressants, narcotics, stimulants, and hallucinogens),
and
(2) inhalants and other similar
substances;
(b) drug abuse is the illegal use of a
drug or use of a legal drug in a manner that deviates from approved medical
direction.
25. Conditions that could raise a
security concern and may be disqualifying include:
(a) any drug abuse (see above
definition);
(b) testing positive for illegal drug
use;
(c) illegal drug possession, including
cultivation, processing, manufacture, purchase, sale, or distribution; or
possession of drug paraphernalia;
(d) diagnosis by a duly qualified
medical professional (e.g., physician, clinical psychologist, or psychiatrist)
of drug abuse or drug dependence;
(e) evaluation of drug abuse or drug
dependence by a licensed clinical social worker who is a staff member of a
recognized drug treatment program;
(f) failure to successfully complete a
drug treatment program prescribed by a duly qualified medical professional;
(g) any illegal drug use after being
granted a security clearance;
(h) expressed intent to continue illegal
drug use, or failure to clearly and convincingly commit to discontinue drug use.
26. Conditions that could mitigate
security concerns include:
(a) the behavior happened so long ago, was so infrequent, or
happened under such circumstances that it is unlikely to recur or does not cast
doubt on the individual’s current reliability, trustworthiness, or good
judgment;
(b) a demonstrated intent not to abuse
any drugs in the future, such as:
(1) disassociation from drug-using
associates and contacts;
(2) changing or avoiding the
environment where drugs were used;
(3) an appropriate period of
abstinence;
(4) a signed statement of intent with
automatic revocation of clearance for any
violation;
(c) abuse of prescription drugs was
after a severe or prolonged illness during which these drugs were prescribed,
and abuse has since ended;
(d) satisfactory completion of a
prescribed drug treatment program, including but not limited to rehabilitation
and aftercare requirements, without recurrence of abuse, and a favorable
prognosis by a duly qualified medical professional.
Guideline I
Psychological Conditions
27. The Concern. Certain emotional, mental, and personality
conditions can impair judgment, reliability, or trustworthiness. A formal
diagnosis of a disorder is not required for there to be a concern under this
guideline. A duly qualified mental health professional (e.g., clinical
psychologist or psychiatrist) employed by, or acceptable to and approved by the
U.S. Government, should be consulted when evaluating potentially disqualifying
and mitigating information under this guideline. No negative inference
concerning the standards in this Guideline may be raised solely on the basis of
seeking mental health counseling.
28. Conditions that could raise a security concern and may be
disqualifying include:
(a) behavior that casts doubt on an individual's judgment, reliability, or
trustworthiness that is not covered under any other guideline, including but not
limited to emotionally unstable, irresponsible, dysfunctional, violent,
paranoid, or bizarre behavior;
(b) an opinion by a duly qualified mental health professional that the
individual has a condition not covered under any other guideline that may impair
judgment, reliability, or trustworthiness;
(c) the individual has failed to follow treatment advice related to a
diagnosed emotional, mental, or personality condition, e.g., failure to take
prescribed medication.
29. Conditions that could mitigate security concerns include:
(a) the identified condition is readily controllable with treatment, and the
individual has demonstrated ongoing and consistent compliance with the treatment
plan;
(b) the individual has voluntarily entered a counseling or treatment program
for a condition that is amenable to treatment, and the individual is currently
receiving counseling or treatment with a favorable prognosis by a duly qualified
mental health professional;
(c) recent opinion by a duly qualified mental health professional employed
by, or acceptable to and approved by the U.S. Government that an individual's
previous condition is under control or in remission, and has a low probability
of recurrence or exacerbation;
(d) the past emotional instability was a temporary condition (e.g., one
caused by death, illness, or marital breakup), the situation has been resolved,
and the individual no longer shows indications of emotional instability;
(e) there is no indication of a current problem.
30. The Concern. Criminal activity creates doubt about a
person's judgment, reliability, and trustworthiness. By its very nature, it
calls into question a person’s ability or willingness to comply with laws, rules
and regulations.
31. Conditions that could raise a security concern and may be
disqualifying include:
(a) a single serious crime or multiple lesser offenses;
(b) discharge or dismissal from the Armed Forces under dishonorable
conditions;
(c) allegation or admission of criminal conduct, regardless of whether the
person was formally charged, formally prosecuted or convicted;
(d) individual is currently on parole or probation;
(e) violation of parole or probation, or failure to complete a court-mandated
rehabilitation program.
32. Conditions that could mitigate security concerns include:
(a) so much time has elapsed since the criminal behavior happened, or it
happened under such unusual circumstances that it is unlikely to recur and does
not cast doubt on the individual’s reliability, trustworthiness, or good
judgment;
(b) the person was pressured or coerced into committing the act and those
pressures are no longer present in the person's life;
(c) evidence that the person did not commit the offense;
(d) there is evidence of successful rehabilitation; including
but not limited to the passage of time without recurrence of criminal activity,
remorse or restitution, job training or higher education, good employment
record, or constructive community involvement.
Guideline K
Handling Protected Information
33. The Concern. Deliberate or negligent failure to comply with
rules and regulations for protecting classified or other sensitive information
raises doubt about an individual's trustworthiness, judgment, reliability, or
willingness and ability to safeguard such information, and is a serious security
concern.
34. Conditions that could raise a security concern and may be
disqualifying include:
(a) deliberate or negligent disclosure of classified or other protected
information to unauthorized persons, including but not limited to personal or
business contacts, to the media, or to persons present at seminars, meetings, or
conferences;
(b) collecting or storing classified or other protected information at home
or in any other unauthorized location;
(c) loading, drafting, editing, modifying, storing, transmitting, or
otherwise handling classified reports, data, or other information on any
unapproved equipment including but not limited to any typewriter, word
processor, or computer hardware, software, drive, system, gameboard, handheld,
“palm” or pocket device or other adjunct equipment;
(d) inappropriate efforts to obtain or view classified or other protected
information outside one's need to know;
(e) copying classified or other protected information in a manner designed to
conceal or remove classification or other document control markings;
(f) viewing or downloading information from a secure system when the
information is beyond the individual's need-to-know;
(g) any failure to comply with rules for the protection of classified or
other sensitive information;
(h) negligence or lax security habits that persist despite counseling by
management.
(i) failure to comply with rules or regulations that results in damage to the
National Security, regardless of whether it was deliberate or negligent.
35. Conditions that could mitigate security concerns include:
(a) so much time has elapsed since the behavior, or it has happened so
infrequently or under such unusual circumstances, that it is unlikely to recur
and does not cast doubt on the individual's current reliability,
trustworthiness, or good judgment;
(b) the individual responded favorably to counseling or remedial security
training and now demonstrates a positive attitude toward the discharge of
security responsibilities;
(c) the security violations were due to improper or inadequate training.
36. The Concern. Involvement in certain types of outside
employment or activities is of security concern if it poses a conflict of
interest with an individual's security responsibilities and could create an
increased risk of unauthorized disclosure of classified information.
37. Conditions that could raise a security concern and may be
disqualifying include:
(a) any employment or service, whether compensated or volunteer, with:
(1) the government of a foreign country;
(2) any foreign national, organization, or other entity;
(3) a representative of any foreign interest;
(4) any foreign, domestic, or international organization or person engaged
in analysis, discussion, or publication of material on intelligence, defense,
foreign affairs, or protected technology;
(b) failure to report or fully disclose an outside activity when this is
required.
38. Conditions that could mitigate security concerns include:
(a) evaluation of the outside employment or activity by the appropriate
security or counterintelligence office indicates that it does not pose a
conflict with an individual's security responsibilities or with the national
security interests of the United States;
(b) the individual terminated the employment or discontinued the activity
upon being notified that it was in conflict with his or her security
responsibilities.
Guideline M
Use of Information Technology Systems
39. The Concern. Noncompliance with rules, procedures,
guidelines or regulations pertaining to information technology systems may raise
security concerns about an individual's reliability and trustworthiness, calling
into question the willingness or ability to properly protect sensitive systems,
networks, and information. Information Technology Systems include all related
computer hardware, software, firmware, and data used for the communication,
transmission, processing, manipulation, storage, or protection of information.
40. Conditions that could raise a security concern and may be
disqualifying include:
(a) illegal or unauthorized entry into any information technology system or
component thereof;
(b) illegal or unauthorized modification, destruction, manipulation or denial
of access to information, software, firmware, or hardware in an information
technology system;
(c) use of any information technology system to gain unauthorized access to
another system or to a compartmented area within the same system;
(d) downloading, storing, or transmitting classified information on or to any
unauthorized software, hardware, or information technology system;
(e) unauthorized use of a government or other information technology system;
(f) introduction, removal, or duplication of hardware, firmware, software, or
media to or from any information technology system without authorization, when
prohibited by rules, procedures, guidelines or regulations;
(g) negligence or lax security habits in handling information technology that
persist despite counseling by management;
(h) any misuse of information technology, whether deliberate or negligent,
that results in damage to the national security.
41. Conditions that could mitigate security concerns include:
(a) so much time has elapsed since the behavior happened, or it happened
under such unusual circumstances, that it is unlikely to recur and does not cast
doubt on the individual’s reliability, trustworthiness, or good judgment;
(b) the misuse was minor and done only in the interest of organizational
efficiency and effectiveness, such as letting another person use one’s password
or computer when no other timely alternative was readily available;
(c) the conduct was unintentional or inadvertent and was followed by a
prompt, good-faith effort to correct the situation and by notification of
supervisor.
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