Security clearance holders have a duty to proactively report any changes that may impact their continued eligibility. Self-reporting is a mandatory obligation under federal regulations. Security clearance holders can determine what may trigger a duty to self-report by looking at Security Executive Agent Directive (SEAD) 4, which outlines the 13 adjudicative guidelines used in clearance decisions. Proactive disclosure of potentially adverse information is important. However, unique situations call for obtaining legal advice first. As a side note, voluntary disclosures (before they find out about the security concern) are viewed as a potential mitigating factor when evaluating whether a particular issue affects your eligibility for access to classified information.
Self-Reporting Procedures
Each federal agency sponsor has similar, but slightly different, self-reporting procedures. Therefore, if you are unsure what to report, you should ask your security manager, facility security officer, or recruiter. If the matter is serious or criminal, you should get legal advice first. Generally, individuals with security clearances are required to report incidents to their designated security officer. SEAD 3 provides a discussion of self-reporting obligations. Many agencies use the form SF-86C to report changes that warrant reporting.
What to Self-Report
The following are just some examples of what types of issues and changes may be reportable:
1. Change in Relationship Status
Includes any change in marital status, name status, cohabitation status, and other intimate relationships.
2. Loss or Compromise of Classified Information or Technology
Accidental or inadvertent disclosure or loss of classified materials or other sensitive information. The top priority is regaining control and minimizing further compromise.
3. Foreign Contacts or Influence
Must report the development of significant or unusual foreign contacts, especially if they have personal information about you, including details about your personal life.
4. Arrests
Any arrest or general involvement with the legal system, regardless of outcome, should be disclosed.
5. Financial Problems
Bankruptcy, excessive debt, foreclosure, tax liens, wage garnishment, or any other significant financial distress or inability to meet all financial commitments must be reported.
6. Changes in Psychological Health
Significant changes in psychological health, including new diagnoses or hospitalizations, particularly if they could affect judgment or reliability.
7. Foreign Travel
All foreign travel (outside of official duties) must be reported. Additionally, if stationed abroad, you must likely report all personal travel to other countries during that time period. A security briefing may be required as well.
Please see this link for additional self-reporting information from the Defense Counterintelligence and Security Agency (DCSA).
Additional Considerations
Security clearance holders with access to Sensitive Compartmented Information (SCI) or involved in Special Access Programs (SAPs), which provide highly sensitive national security information, may be subject to additional self-reporting requirements. These programs often require enhanced protocols to prevent unauthorized access to such sensitive information and ensure strict adherence to governing security procedures. Given the wide range of potentially reportable incidents, security clearance holders should consult their security officer with any questions regarding the duty to self-report.
Not Self-Reporting Can Cause Potential Loss of Clearance
A number of issues can arise if you don’t self-report security concerns that should be reported. In fact, not reporting a concern can cause a separate security concern of its own. For instance, many individuals arrested for minor offenses, like those alcohol-related, often wait a bit before reporting the arrest to their security officer. From my observations, continuous monitoring can often inform security of the arrest in less than a week in some cases. Then the individual’s security clearance might be reviewed for both the underlying incident and for not reporting it in a timely manner. In other instances, some individuals run into trouble because they didn’t accurately fill out their initial security clearance paperwork (e.g., Marijuana use) many years ago, and the issue later is about to come up now (perhaps through a polygraph examination). We often advise individuals to report incidents that occurred in the past to prevent future issues.
Final Thoughts
When evaluating your duty to self-report, it is essential to understand the specific self-reporting procedures established by your federal agency or security office. If you have any questions or uncertainties, it is advisable to get in touch with a lawyer familiar with security clearance issues.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws, regulations and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
