PBB Cia & Fbi
PBB Cia & Fbi
PBB Cia & Fbi
C . ADJUDICATIVE PARAMETERS
1 . Annex A to this document is the Adjudicative Guidelines for Determining Eligibility for
Access to Classified Information, as promulgated under an Office of Management and Budget
memorandum dated 29 December 2005, from the Assistant for National Security Affairs .
2 . Eligibility for access to SCI and other controlled access program information shall be
determined through the evaluation of all information bearing on a subject's loyalty, reliability,
and trustworthiness developed through a background investigation conducted by authorized
investigative personnel . Authorized adjudicative personnel shall conduct such evaluations under
the cognizance of the Head of the IC Element concerned .
3 . Subjects who have had access to SCI and other controlled access program information
within the last two (2) years and who possess a security determination that is otherwise current,
shall have their accesses reinstated at the granting agency or, pursuant to reciprocity, elsewhere
in the IC . An updated personal history questionnaire may be reviewed only if a break in access
of greater than 60 days has occurred or if a polygraph interview is necessary . A reinvestigation
ICPG 704 .2
shall not be required unless the review indicates the person no longer satisfies the criteria set
forth in Intelligence Community Policy Guidance (ICPG) 704 .1, Personnel Security Investigative
Standards and Procedures Governing Eligibility for Access to Sensitive Compartmented
Information and other Controlled Access Program Information, and EO 12968 .
4 . Adjudications conducted within five (5) years of the date of the last investigation that
meet the investigative protocols set forth in EO 12968 and are further documented in ICPG 704 .1
shall serve as the basis for granting continued access except where new information indicates the
subject may not satisfy the adjudicative requirements contained therein or the original
adjudication was recorded with an exception . If previous investigations do not meet the
standards set forth in ICPG 704 .1, a reinvestigation shall be conducted . The scope of the
reinvestigation shall be limited to only that coverage necessary to update the subject's
background investigation and make it consistent with current adjudicative standards . Updated
adjudications will require a review of all applicable records and submittal of a Standard Form 86,
Questionnaire for National Security Positions . A reinvestigation shall be required when it is
determined that the individual no longer satisfies standards for access under this directive .
Should unfavorable information be developed, inquiries shall be expanded to the extent
necessary to render a new access determination .
5 . IC organizations that grant personnel security clearances shall establish procedures
consistent with their operating environments and mission requirements that further the
adjudication of "issue-free" (no adverse information) personnel security cases within 10 days of
receipt of such a case by the adjudicative authority .
6 . The depaitinent or agency with adjudicative authority remains responsible for the final
determination .
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APPENDIX A - ACRONYMS
EO Executive Order
IC Intelligence Community
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ANNEX A
ADJUDICATIVE GUIDELINES
Following are the Adjudicative Guidelines for Determining Eligibility for Access to
Sensitive Compartmented Information.
I. Introduction
A. The following adjudicative guidelines are established for all United States 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 for 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 .
B . 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 secret environment
where protecting classified information is paramount .
II. 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 ;
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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 .
B . FOREIGN INFLUENCE
1 . 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 U .S. citizens to obtain protected information and/or is
associated with a risk of terrorism .
2 . 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 United States, which may make the
individual vulnerable to exploitation, pressure, or coercion by a foreign person, group,
government, or country .
ICPG 704 .2
C . FOREIGN PREFERENCE
1. The Concern . When an individual acts in such a way as to establish a preference for
a foreign country over the United States, he or she may provide information or make decisions
that are harmful to the interests of the United States . The principal goal of the Foreign
Preference assessment is to determine the risk based on foreign associations that information
may be compromised if access is approved ; it is not a measurement of how loyal a subject is to
the United States . Therefore, a finding that there is a preference must be established by adequate
evidence of heightened risks related to national security .
Furthermore, the fact that a U .S . citizen is or has become a citizen of another country does not
establish a preference for a foreign country . Being a U.S . citizen and a citizen of another country
is not prohibited or disqualifying absent a showing of heightened risks related to national
security . The same is true for the exercise of any right, privilege or obligation of foreign
citizenship or action to acquire or obtain recognition of a foreign citizenship by a U .S . citizen .
2 . Conditions that could raise a security concern and may be disqualifying include :
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d. Failure to use a U .S. passport while entering or exiting the United States ;
f. Intentional act of expatriation from the United States such as declaration of intent
to renounce United States citizenship or renunciation of U .S . citizenship, with the exception of
routine oaths associated with citizenship in another country ;
D. SEXUAL BEHAVIOR
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E. PERSONAL CONDUCT
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 ; and
g. Association with persons involved in criminal activity .
3. 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 an 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;
ICPG 704 .2
F. FINANCIAL CONSIDERATIONS
1. 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 .
2. 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 ; and
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 .
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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 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 ; and
f. The affluence resulted from a legal source of income .
G. ALCOHOL CONSUMPTION
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H . DRUG INVOLVEMENT
1. 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 .
2. Conditions that could raise a security concern and may be disqualifying include :
a . Any drug abuse (see preceding 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 ;
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I. PSYCHOLOGICAL CONDITIONS
1 . 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 .
2 . 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 ; and
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 .
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J. CRIMINAL CONDUCT
1 . 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 .
2. 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 .
3. 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 ; and
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 .
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1 . 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 .
2. 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 in any 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, game
board, 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 ;
and
i . Failure to comply with rules or regulations that results in damage to the National
Security, regardless of whether it was deliberate or negligent .
3 . 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 ; and
c . The security violations were due to improper or inadequate training .
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L. OUTSIDE ACTIVITIES
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