Many employees and contractors of the United States federal government, military personnel, and government officials, who require access to classified information in the course of performing their duties, are required to obtain and maintain security clearances. However, many who apply for security clearances can be denied for a multitude of reasons, including for outside activities. Likewise, many who currently maintain security clearances can have them revoked for the same reasons.

In this article, we will discuss one of the most common reasons for the rejection, or revocation, of a security clearance, as well as the facts you need to understand Guideline L: Outside Activities.

What Is Guideline L?

When discussing the adjudicative guidelines for evaluating security clearances, Security Executive Agent Directive (SEAD) 4 outlines the concerns surrounding Guideline L:

“Involvement in certain types of outside employment or activities is of security concern if it poses a conflict of interest with an individual’s security responsibilities and could create an increased risk of unauthorized disclosure of classified or sensitive information.”

The employment or service does not have to be paid; it can be voluntary. For instance, if you volunteer to work at a foreign defense contractor, and fail to disclose that information, the government may charge you with a violation of Guideline L.

Security Concerns to Be Aware of Under Guideline L

There are many different situations that could flag a clearance application for security concerns and may even disqualify the application, or lead to a revocation of a current security clearance. According to the SEAD-4, these conditions include:

• the government of a foreign country;
• any foreign national, organization, or other entity;
• a representative of any foreign interest;
• and any foreign, domestic, or international organization or person engaged in analysis, discussion, or publication of material on intelligence, defense, foreign affairs, or protected technology.

How to Potentially Mitigate Outside Activities Concerns

Although you are required to disclose any and all past drug involvement on Standard Form 86 (SF86), the Questionnaire for National Security Positions, there are a variety of mitigating factors that may be considered. These mitigating conditions include:

• evaluation of the outside employment or activity by the appropriate security or counterintelligence office indicates that it does not pose a conflict with an individual’s security responsibilities or with the national security interests of the United States; and
• the individual terminated the employment or discontinued the activity upon being notified that it was in conflict with his or her security responsibilities.

Recent cases underscore that there remains the expectation within the Defense and National Security communities that cleared workers will have decidedly left their past behind them and refrain from any illegal or improper behavior.

In one case, the applicant was a business partner in a joint venture who was doing business in the UAE. The government raised concerns under Guideline L for potential conflict of interest and increased risk of unauthorized disclosure of classified information. The applicant’s clearance was granted because the applicant’s outside activities did not involve classified information, nuclear materials, or export-controlled commodities.

In another case, an applicant worked for a foreign company based in Saudi Arabia. The government raised concerns under Guideline L because the applicant’s involvement included employment with a foreign organization and close connections with a foreign government. The applicant’s clearance was granted because the applicant demonstrated a strong and lasting devotion to the security interests of the United States. Moreover, the applicant voluntarily ended the relationship with the foreign company before any potential conflicts arose once the applicant was granted the clearance.

The takeaway? Outside activities are not a complete bar to access to classified information. Like anything else, you need to be open and forthcoming with information which could raise concerns under Guideline L. By demonstrating you are committed to securing the interests of the United States, and disassociating from any conflicts of interest with a foreign government, entity, or organization, concerns under Guideline L can be mitigated.

What Do I Do If My Clearance Is Denied or Revoked?

If you are issued notification of intent to deny or revoke your clearance under Guideline L, it is still possible to obtain or keep your clearance with the help of an experienced, knowledgeable security clearance lawyer. Applicants should not attempt to resolve these concerns without the assistance of an experienced security clearance attorney. The security clearance adjudication process is heavily empirical, and you bear the burden of proof in clearing the security concern.

Tully Rinckey attorneys understand that issues involving security clearances can be challenging, and they will handle your matter with the attention it deserves. If you have additional questions about rejection, or revocation of a security clearance, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.

Lachlan McKinion is an Associate in Tully Rinckey’s Washington, D.C., office, where he focuses on national security and security clearance law. Lachlan’s practice includes appellate litigation before the Merit Systems Protection Board, guiding Intelligence Community and Defense clients through the security adjudication process, and representing whistleblowers before the Office of Special Counsel and various Intelligence and Defense Inspectors General.