Summary
The applicant, an 80-year-old U.S. citizen and world-renowned scientist, faced security clearance denial under Guidelines B (Foreign Influence), C (Foreign Preference), and L (Outside Activities) due to her paid position on an advisory board funded by a foreign government. Despite her strong ties to the U.S. and contributions to national interests, the judge found that the lack of security protocols for her outside activities created unmitigated security concerns.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline L (Outside Activities), the Statement of Reasons alleged the following: Applicant is on an advisory board funded by a foreign government (AB). She has strong connections to the United States; she has contributed to the welfare of the United States for 50 years; and the foreign government does not engage in espionage against the United States. Her immediate family are all citizens and residents of the United States (3.a). SOR ¶ 2.a cross alleges the same conduct under the foreign preference guideline as in SOR ¶ 1.a under the outside activities guideline (2.a). Applicant receives $20,000 annually for her work on an AB. A foreign government provides the compensation for those on the AB (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 37(a). The judge applied mitigating conditions AG ¶ 11(f), AG ¶ 8(b). The decision turned on the following: The applicant's outside activities with a foreign government lacked adequate security protocols to protect classified information; The applicant did not terminate her relationship with the advisory board despite potential conflicts with her security responsibilities.
Why the Applicant Was Denied
- The applicant's outside activities with a foreign government lacked adequate security protocols to protect classified information.
- The applicant did not terminate her relationship with the advisory board despite potential conflicts with her security responsibilities.
Conditions Referenced
- AG ¶ 37(a)raisedOutside Activities
- AG ¶ 11(f)appliedForeign PreferenceThe foreign country funding the advisory board presents a low national security risk.
- AG ¶ 8(b)appliedForeign InfluenceThe applicant's long-standing relationships and loyalties in the U.S. mitigate foreign influence concerns.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJan 6, 2017
- Answer filedMar 7, 2017Applicant waived her right to a hearing.
- Hearing heldJun 14, 2017
- Decision dateJun 23, 2017
Cite For
- Security Concerns Related to Outside Activities Under Guideline L
- Mitigation of Foreign Preference Concerns Under Guideline C
- Mitigation of Foreign Influence Concerns Under Guideline B