Guideline A of the National Security Adjudicative Guidelines addresses “Allegiance to the United States.” However, most issues people would perceive as involving Allegiance to the United States are actually covered under “Foreign Influence” (Guideline B) and “Foreign Preference” (Guideline C). . . . In the past 22 years there has not been one case involving the issue of “Allegiance” decided by a Defense Office of Hearings and Appeals (DOHA) administrative judge. In most cases if a federal background investigation surfaces credible information of conduct specified under Guideline A, the background investigation would be promptly closed and the case would be referred to a federal criminal/counterintelligence agency for further investigation.

The “Foreign Influence” criterion (Guideline B) under the “National Security Adjudicative Guidelines” affects many security clearance applicants, particularly those who are naturalized U.S. citizens or whose parents immigrated to the U.S. Others who marry (or reside with) a foreign national, who have foreign financial/business interests, or who maintain close and continuing contact with foreigners are also affected.

“Foreign involvement raises concerns about an individual’s judgment, reliability and trustworthiness when it is in conflict with U.S. national interests or when the individual acts to conceal it. By itself, the fact that a U.S. citizen is also a citizen of another country is not disqualifying without an objective showing of such conflict or attempt at concealment. The same is true for a U.S. citizen’s exercise of any right or privilege of foreign citizenship and any action to acquire or obtain recognition of a foreign citizenship.”

Many people have concerns about how their past sexual indiscretions may negatively affect their security clearance eligibility. Most sexual misconduct is either not a potentially disqualifying condition for a security clearance or can be fully mitigated by “passage of time without recurrence” and the absence of any susceptibility to blackmail or coercion.

The “Personal Conduct” criterion (Guideline E) of the National Security Adjudicative Guidelines encompasses a wide variety of dishonest or unreliable behavior not specifically covered under other adjudicative criteria. It also addresses multiple instances of minor misconduct covered under other criteria where the misconduct fails to reach the threshold of being considered a potentially disqualifying condition. About 30% of cases reviewed by Administrative Judges at the Defense Office of Hearings and Appeals (DOHA) cite Personal Conduct issues. It has been the second most frequently cited reason for clearance denial.

A sampling of recent Defense Office of Hearing and Appeals (DOHA) security clearance cases showed that about 50 percent of clearance denials involved “Financial Considerations.” This was two times greater than the second most frequently listed issue for clearance denial.