30 August 2006

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[Federal Register: August 30, 2006 (Volume 71, Number 168)]

[Rules and Regulations]               

[Page 51474-51479]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30au06-14]                         



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DEPARTMENT OF DEFENSE



Office of the Secretary



32 CFR Part 154



[DoD-2006-OS-0038]



 

Department of Defense Personnel Security Program Regulation



AGENCY: Office of the Secretary, DoD.



ACTION: Interim final rule.



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SUMMARY: This rule is published to streamline personnel security 

clearance procedures and make the process more efficient within the 

Department of Defense. This will simplify security processing and allow 

the deserving public to obtain a security clearance in a more efficient 

manner.



DATES: This rule is effective September 1, 2006. Written comments 

received at the address indicated below by October 30, 2006 will be 

accepted.



ADDRESSES: You may submit comments, identified by docket number and or 

RIN number and title, by any of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov. 



Follow the instructions for submitting comments.

     Mail: Federal Docket Management System Office, 1160 

Defense Pentagon, Washington, DC 20301-1160.

    Instructions: All submissions received must include the agency name 

and docket number or Regulatory Information Number (RIN) for this 

Federal Register document. The general policy for comments and other 

submissions from members of the public is to make these submissions 

available for public viewing on the Internet at http://regulations.gov 



as they are received without change, including any personal identifiers 

or contact information.



FOR FURTHER INFORMATION CONTACT: Charleen Wright, 703-697-3039.



SUPPLEMENTARY INFORMATION: This rule is published as an interim rule 

because it takes effect on September 1 under the authority of National 

Security Adviser directing immediate implementation.



Executive Order 12866, ``Regulatory Planning and Review''



    It has been determined that 32 CFR part 154 is not a significant 

regulatory action. The rule does not:

    (1) Have an annual effect on the economy of $100 million or more or 

adversely affect in a material way the economy; a section of the 

economy; productivity; competition; jobs; the environment; public 

health or safety; or State, local, or tribal governments or 

communities;

    (2) Create a serious inconsistency or otherwise interfere with an 

action taken or planned by another Agency;

    (3) Materially alter the budgetary impact of entitlements, grants, 

user fees, or loan programs, or the rights and obligations of 

recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal 

mandates, the President's priorities, or the principles set forth in 

this Executive Order.



Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)



    It has been certified that this rule does not contain a Federal 

mandate that may result in the expenditure by State, local and tribal 

governments, in aggregate, or by the private sector, of $100 million or 

more in any one year.



Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)



    It has been certified that this rule is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 

promulgated, have a significant economic impact on a substantial number 

of small entities. This part will streamline personnel security 

clearance procedures and make the process more efficient.



Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)



    It has been certified that this rule does impose reporting or 

recordkeeping requirements under the Paperwork Reduction Act of 1995. 

The reporting and recordkeeping requirements have been submitted to OMB 

for review.



Executive Order 13132, ``Federalism''



    It has been certified that this rule does not have federalism 

implications, as set forth in Executive Order 13132. This rule does not 

have substantial direct effects on:

    (1) The States;

    (2) The relationship between the National Government and the 

States; or

    (3) The distribution of power and responsibilities among the 

various levels of Government.



List of Subjects in 32 CFR Part 154



    Classified information; Government employees; Investigations; 

Security measures.



0

Accordingly, 32 CFR part 154 is amended as follows:



PART 154--DEPARTMENT OF DEFENSE PERSONNEL SECURITY PROGRAM 

REGULATION



0

1. The authority citation for 32 CFR part 154 continues to read as 

follows:



    Authority: E.O. 10450, 18 FR 2489, 3 CFR, 1949-1953 Comp., p. 

936; E.O. 12356, 47 FR



[[Page 51475]]



14874 and 15557, 3 CFR, 1982 Comp., p. 166; E.O. 10865, 25 FR 1583, 

3 CFR, 1959-1963 Comp., p. 398; E.O. 12333, 46 FR 59941, 3 CFR, 1981 

Comp., p. 200



0

2. Appendix H to part 154 is revised to read as follows:



Appendix H to Part 154--Adjudicative Guidelines for Determining 

Eligibility for Access to Classified Information



    1. Introduction. 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. Accesses 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.

    2. The adjudicative process.

    (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.



Guideline B: Foreign Influence



    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



[[Page 51476]]



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.



Guideline C: Foreign Preference



    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 United 

States Government.



Guideline D: Sexual Behavior



    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.



Guideline E: Personal Conduct



    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, 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



[[Page 51477]]



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.



Guideline G: Alcohol Consumption



    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



[[Page 51478]]



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 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.



Guideline H: Drug Involvement



    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); \1\

---------------------------------------------------------------------------



    \1\ Under the provisions of 10 U.S.C. 986 any person who is an 

unlawful user of, or is addicted to, a controlled substance as 

defined in section 102 of the Controlled Substances Act (21 U.S.C. 

802), may not be granted or have renewed their access to classified 

information.

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    (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; 

\2\

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    \2\ Under the provisions of 10 U.S.C. 986, any person who is 

mentally incompetent, as determined by a credentialed mental health 

professional approved by the Department of Defense, may not be 

granted or have renewed their access to classified information.

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    (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.



Guideline J: Criminal Conduct



    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; \3\

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    \3\ Under the provisions of 10 U.S.C. 986, a person who has 

received a dishonorable discharge or has been dismissed from the 

Armed Forces may not be granted or have renewed access to classified 

information. In a meritorious case, the Secretaries of the Military 

Departments or designee; or the Directors of WHS, DIA, NSA, DOHA or 

designee may authorize a waiver of this prohibition.

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    (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;

    (f) Conviction in a Federal or State court, including a court-

martial of a crime,



[[Page 51479]]



sentenced to imprisonment for a term exceeding one year and 

incarcerated as a result of that sentence for not less than a 

year.\4\

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    \4\ Under the above mentioned statute, a person who has been 

convicted in a Federal or State court, including courts martial, 

sentenced to imprisonment for a term exceeding one year and 

incarcerated for not less than one year, may not be granted or have 

renewed access to classified information. The same waiver provision 

also applies.

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    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;

    (e) Potentially disqualifying conditions 31. (b) and (f) may not 

be mitigated unless, where meritorious circumstances exist, the 

Secretaries of the Military Departments or designee; or the 

Directors of Washington Headquarters Services (WHS), Defense 

Intelligence Agency (DIA), National Security Agency (NSA), Defense 

Office of Hearings and Appeals (DOHA) or designee has granted a 

waiver.



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.



Guideline L: Outside Activities



    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.



    Dated: August 23, 2006.

L.M. Bynum,

OSD Federal Register Liaison Officer, DoD.

 [FR Doc. E6-14361 Filed 8-29-06; 8:45 am]



BILLING CODE 5001-06-P