Government quietly changes rules on sexual orientation and security clearances
by
Michael Rogers
Newly
revised guidelines issued by President Bush's National Security Advisor Stephen
Hadley (right) once again allow consideration of sexual orientation when issuing
security clearances. This information was first reported today by the news site
Raw
Story(Full Story: U.S.
quietly tightens access to classified information). The language change
between the 1997 version and the 2005 guidelines is seemingly minor:
1997: Rules stated that sexual orientation “may not be used” as a basis for
disqualifying applicants.
2005: The revision states that clearances cannot be denied "solely on the
basis of the sexual orientation of the individual."
In addition to the change above, Raw
Story also reports that:
The Hadley revision also adds discharge from the military under "dishonorable
conditions" to a list of conditions that could warrant denial. While
the intent cannot be divined, it's worth noting that engaging in homosexual
conduct is grounds for a dishonorable discharge from the military.
Steve Ralls, a spokesman for the Servicemembers Legal Defense Network called upon the National Security Agency to "immediately explain why today's changes were necessary, and what their intent was in making those changes."
Ralls indicated that there are many remaining questions about these changes. "What does NSA mean," he asked, "when it says sexual orientation cannot 'solely' be used as a reason to deny clearance?" Ralls also noted that previously the Bush Administration had renewed the 1997 executive order.
Comparisons of the policy revisions are below.
Guideline
D – Sexual Behavior
1997
Version
2005
Version
12.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 undue influence or 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.
12. The Concern.
Sexual behavior that involves a criminal offense, indicates a personality
or emotional disorder, reflects lack of judgment or discretion, or which
may subject the individual to undue influence or coercion, exploitation,
or duress can raise questions about an individual's reliability, trustworthiness
and ability to protect classified information. No adverse inference concerning
the standards in the Guideline may be raised solely on the basis of the
sexual orientation of the individual.
Changes from
1997 to 2005
Removed
“security concern”
Added “reflects lack of judgment or discretion”
Added “can raise questions about an individual’s reliability, trustworthiness
and ability to protect classified information.”
Added “solely” to and “concerning”
Removed “disqualifying factor”
Newly
revised guidelines issued by President Bush's National Security Advisor Stephen
Hadley (right) once again allow consideration of sexual orientation when issuing
security clearances. This information was first reported today by the news site
