Current through September 30, 2024
Section 147.6 - Guidance D-Sexual behavior(a)The concern. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. Sexual orientation or preference may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance.(b)Conditions that could raise a security concern and may be disqualifying include:(1) Sexual behavior of a criminal nature, whether or not the individual has been prosecuted;(2) Compulsive or addictive sexual behavior when the person is unable to stop a pattern or self-destructive or high-risk behavior or that which is symptomatic of a personally disorder;(3) Sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress;(4) Sexual behavior of a public nature and/or that which reflects lack of discretion or judgment.(c)Conditions that could mitigate security concerns include:(1) The behavior occurred during or prior to adolescence and there is no evidence of subsequent conduct of a similar nature;(2) The behavior was not recent and there is no evidence of subsequent conduct of a similar nature;(3) There is no other evidence of questionable judgment, irresponsibility, or emotional instability;(4) The behavior no longer serves as a basis for coercion, exploitation, or duress.