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E.O. 12968 (60 FR 40245, 3 CFR 1995 Comp., p 391).
63 FR 4573, Jan. 30, 1998, unless otherwise noted.
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(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.[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.
(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.