Security-clearance rules could be hurdle for gays

WASHINGTON — The Bush administration last year quietly rewrote the rules for allowing gays and lesbians to receive national-security clear-

ances, drawing complaints from some civil-rights activists.

The Bush administration said security clearances cannot be denied "solely on the basis of the sexual orientation of the individual." But it removed language saying that sexual orientation "may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance."

The White House sought to play down the changes, approved by President Bush in December, as an effort to ensure the security-clearance rules are consistent with a 1995 executive order about access to classified information.

"The minor language change did not and was not intended to alter the way sexual orientation is treated," National Security Council spokesman Frederick Jones said Tuesday. "The U.S. government policy has not changed in any way."

Jones said government lawyers made the changes for clarity.

Some gay-rights activists expressed concern that the new guidelines could lead to a chipping away of safeguards obtained in the 1990s for gays and lesbians seeking security-related government jobs.

Joe Solmonese, president of the Human Rights Campaign — which advocates for gay, lesbian, bisexual and transgender civil rights — said the change could "open the door for broader interpretation" of rules granting security clearances for national security-related jobs.

Lesbian and gay advocacy groups recently found the change in an 18-page document distributed by national-security adviser Stephen Hadley on Dec. 29 without public notice.

Several million civilian and military personnel who work for the U.S. government and its contractors must go through extensive reviews to determine if they've exhibited behavior that could compromise national security or make them susceptible to blackmail.

Areas of concern include drug and alcohol use, criminal activity, financial debt, foreign contacts and sexual behavior. Officials at several national-security agencies were not immediately aware of the new rules or of any impact.

Rules approved by President Clinton in 1997 said that sexual behavior may be a security concern if it involves a criminal offense, suggests an emotional disorder, could subject someone to coercion or shows a lack of judgment.

The regulation stated that sexual orientation "may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance."