Adjudicative Guidelines for Classified Information Access

Flashcards covering key vocabulary, guidelines, investigative standards, and temporary access requirements based on 32 CFR Part 147 Adjudicative Guidelines for Determining Eligibility for Access to Classified Information.

Part 147

Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, including Sensitive Compartmented Information and Special Access Programs, for U.S. Government personnel and contractors.

Adjudicative Process

An examination of a person's life to determine eligibility for a security clearance, weighing variables under the 'whole person concept' and resolving any doubt in favor of national security.

Whole Person Concept

The careful weighing of various factors (e.g., nature, extent, seriousness, frequency, recency of conduct, age, maturity, motivation, rehabilitation) in a person's life to make an affirmative determination of eligibility for a security clearance.

Guideline A—Allegiance to the United States

A security concern if there is reason to suspect an individual's allegiance to the United States, impacting their willingness to safeguard classified information, including acts like sabotage, espionage, or advocating overthrow of the government.

Guideline B—Foreign influence

A security risk exists when an individual's immediate family, cohabitants, or close associates are foreign citizens or subject to duress, potentially leading to the compromise of classified information.

Guideline C—Foreign preference

A security concern arises when an individual indicates a preference for a foreign country over the United States, suggesting they might provide harmful information or make decisions detrimental to U.S. interests.

Guideline D—Sexual behavior

A security concern if sexual behavior involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, or reflects a lack of judgment or discretion (sexual orientation/preference is not a disqualifying factor).

Guideline E—Personal conduct

Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules/regulations, indicating potential inability to safeguard classified information.

Guideline F—Financial considerations

A security concern if an individual is financially overextended, at risk of engaging in illegal acts, or has unexplained affluence potentially linked to criminal proceeds.

Guideline G—Alcohol consumption

Excessive alcohol consumption often leading to questionable judgment, unreliability, failure to control impulses, or an increased risk of unauthorized disclosure of classified information due to carelessness.

Guideline H—Drug involvement

Improper or illegal involvement with drugs, including abuse or dependence, which raises questions about an individual's willingness or ability to protect classified information and may impair functioning.

Guideline I—Emotional, mental, and personality disorders

Disorders causing significant deficits in an individual's psychological, social, and occupational functioning, which may indicate a defect in judgment, reliability, or stability for security clearance purposes.

Guideline J—Criminal conduct

A history or pattern of criminal activity that creates doubt about a person's judgment, reliability, and trustworthiness for security clearance.

Guideline K—Security violations

Noncompliance with security regulations (deliberate, multiple, or due to negligence) that raises doubt about an individual's trustworthiness, willingness, and ability to safeguard classified information.

Guideline L—Outside activities

Involvement in certain types of outside employment or activities that poses a conflict with an individual's security responsibilities and could create an increased risk of unauthorized disclosure of classified information.

Guideline M—Misuse of Information technology systems

Noncompliance with rules, procedures, guidelines, or regulations related to Information Technology Systems (including all related equipment for communication, transmission, processing, manipulation, and storage of classified information), raising security concerns.

National Agency Check (NAC)

A required part of all investigations and reinvestigations, consisting of a review of investigative and criminal history files from national agencies like the FBI, OPM, and DoD.

NACLC (National Agency Check With Local Agency Checks and Credit Check)

Standard A investigative requirement applicable to investigations and reinvestigations for access to CONFIDENTIAL and SECRET information and 'L' access authorizations.

SSBI (Single Scope Background Investigation)

Standard B investigative requirement applicable to initial investigations for access to TOP SECRET information, Sensitive Compartmented Information, and 'Q' access authorizations.

SSBI-PR (Single Scope Background Investigation Periodic Reinvestigation)

Standard C investigative requirement applicable to reinvestigations for continued access to TOP SECRET information, Sensitive Compartmented Information, and 'Q' access authorizations.

Reinvestigation Frequency (NACLC)

A reinvestigation for NACLC may be initiated at any time, but not later than ten years (fifteen years for CONFIDENTIAL) from the date of the previous investigation or reinvestigation.

Reinvestigation Frequency (SSBI-PR)

A reinvestigation for SSBI-PR may be initiated at any time, but not later than five years from the date of the previous investigation.

Expanding Investigations

Investigations and reinvestigations may be expanded as necessary to determine if access is clearly consistent with national security, potentially including interviews with anyone able to provide information or resolve issues.

Transferability of Investigations

Investigations that satisfy the requirements of a given standard and are current meet the investigative requirements for all levels specified for that standard and shall be mutually and reciprocally accepted by all agencies.

Breaks in Service (security clearances)

If a person separated from U.S. government employment for less than two years has a current investigation, the agency regranting access reviews an updated Standard Form 86; a reinvestigation is not required unless the review indicates a security concern.

Temporary Eligibility for Access

May be granted before investigations are complete and favorably adjudicated, based on a justified need for official functions, valid until full investigation/adjudication, but can be revoked earlier if unfavorable information arises.

Temporary Eligibility (Confidential/Secret/“L” access)

Requires completion and favorable review of Standard Form 86, and submission of a request for an expedited NACLC.

Temporary Eligibility (Top Secret/“Q” access – favorable investigation)

For someone subject to a favorable investigation not meeting the higher standards, requires completion/favorable review of Standard Form 86 and expedited submission of a request for an SSBI.

Temporary Eligibility (Top Secret/“Q” access – no current investigation)

For someone not subject to any current favorable personnel security investigation, requires completion/favorable review of Standard Form 86, immediate submission of an expedited SSBI request, and favorable review of FBI criminal history and investigative records (SII, DCII).

Standard Form 86

A required form for security clearances, including applicable releases and supporting documentation, used in investigations and temporary eligibility determinations.