§147.6. Guidance D—Sexual behavior.
32 C.F.R. § 147.6
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. 1 Sexual orientation or preference may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance.
Conditions that could raise a security concern and may be disqualifying include—
Sexual behavior of a criminal nature, whether or not the individual has been prosecuted;
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;
Sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress;
Sexual behavior of a public nature and/or that which reflects lack of discretion or judgment.
Conditions that could mitigate security concerns include—
The behavior occurred during or prior to adolescence and there is no evidence of subsequent conduct of a similar nature;
The behavior was not recent and there is no evidence of subsequent conduct of a similar nature;
There is no other evidence of questionable judgment, irresponsibility, or emotional instability;
The behavior no longer serves as a basis for coercion, exploitation, or duress.
Notes, amendments, and revision history
Authority
Authority: E.O. 12968 (60 FR 40245, 3 CFR 1995 Comp., p 391).
Source
Source: 63 FR 4573, Jan. 30, 1998, unless otherwise noted.