Security Clearance and Prostitution

SECURITY CLEARANCE Q&A
1

I am looking for some information regarding my security clearance. Here is my history:

I’ve obtained my TS/SCI with FSP back in 2012 at a 3 letter agency. I left the IC community briefly in 2015 to go work for DoD and my clearance was transferred over. In 2018, I was put on an IC project where they re-investigated me (SSBI) and passed. Later in 2018, I went back to working strictly DoD (TS/SCI) and not IC.

Between 2022 and 2023 I was involved with 1-2 prostitutes out of country. Both were mid to late 20s. I am single and never have been married.

The first prostitute I will admit it was my fault and I should have known better in December 2023. Only once sexual activity was conducted and never saw her again and communication was cut off. It was consensual and private.

The second person in 2022 is questionable. There was never an agreement to exchange money before the sexual activity happened and I have the text messages to prove it. I met her and I took her out on a date. After the date we went up to my hotel and sexual activity was conducted (Again, consensual and private). Now, here is where it gets tricky. I was walking her to her job and she then asks me if I wouldn’t mind providing some money since she missed some of her shift and I did. Again, none of this was discussed before or during the period when we were hanging out.

I’ve accepted a contractor position with a 3 letter agency which they need to do a FSP. Completed the SF-86 in March 2024 and they was no where on the form to list prostitution since I wasn’t arrested or charged so I did not include it. Fast forward to last week (April 2025) when a had my FSP. During the Pre-test interview, I came clean since the examiner asked about prostitution. I told him that there is no federal law around prostitution but the examiner said it is a blackmail thing and he thinks that the second person situation falls into prostitution as well. I said fine and the examiner proceeded to ask me if I will ever do it again and I said def. not!! Examiner then said that at least I was upfront with it and it limits the risk of coercion and blackmail. Before we started the actually poly test, I found it odd that the examiner left the room because he had to check if there was still time to have the poly test. Examiner came back and said we will proceed with the test. I am guessing that is a good sign right because they could have ended the test if the information I admitted was disqualifying?

Anyway, the test started and I pass all questions but apparently the examiner was having issues with the question around “Hiding a serious crime”. I was furious and frustrated and I don’t know why I was having trouble with that question. Examiner started to probe me and I said I am not hiding anything and said that I have to give up something before I take the results up. Told him I was not hiding anything and if you thought I was hiding something involving a crime then call the cops. Examiner said if there was anything a cop would stop me for and hand out a ticket/citation. In the back of my mind I was thinking “sure a lot of things that are not considered serious crimes”. I told the examiner that between 2015-2018 I was driving “drunk” but was never arrested or charged. Proceeded to ask me how much to drink I had and how I was feeling after each time. I said light-headed but I don’t nothing to impair my driving.

Anyway, the examiner never said I failed. Examiner did make reference about next time maybe adjusting the question but I still don’t know if I failed. I will also say there were two questions that during the poly were asked that makes me question did I “fail” the test because there were no issues with those questions. The last thing the examiner did was read to me some policies regarding the 3-letter which I thought was weird if I truly had trouble on one of the questions.

What are everyone’s thoughts on this? Sorry for the long explanation but I am truly worried.

2

Not sure it really matters, but were you in any way connected with the USG when you were overseas and had these… experiences? The reason I ask is that USG personnel including contractors are prohibited from engaging in such practices due to human trafficking concerns. But it sounds like that did not come up.

3

The serious crime accusation stuff feels like it’s part of a script after going through the poly and reading about other’s experience. Good on you for coming forward about it during pre-test but the drunk driving thing might be an area where you run into trouble. There’s also the “suitability” aspect depending on which agency it is.

4

Well the drunk driving thing was post test interrogation because I wasn’t sure why I was having trouble passing the test. I was never arrested or charged for any of that

5

@sbusquirrel by connected do you mean was I on a work trip or do you mean just working for the USG?

Both of these trips were strictly vacation and did not any foreign national that I worked for the government. I was a gov. contractor at the time of these events.

6

Lol did you have a clearance when these events happened?

7

I was talking about being overseas on some kind of assignment, either PCS or TDY.

8

Oh no! This was strictly vacation!

9

Yes, I had a TS/SCI. The examiner asked me if i had plans on doing it again and said no. He then informed me that the risk of blackmail is now mitigated since I told him about it.

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11

@Larry_the_Cable_Guy thanks for the advice. However, the polygrapher did ask specifically about prostitution so I told the truth. Also, I said 1-2 because the 1st one there was no agreed discussion or talk about money before the act occurred. I took her out n a date, hung out some, and then went up to my hotel. Money did not come up until I walked her to her job and said could I give her money to make up for the hours she missed on her shift. If they want to say that’s prostitution then oh well.

12

Standard poly squeezing to get confession. Prostitution has been an issue since about 2015 when several cleared secret service members were engaging. Human trafficking is real. And if you take CTIP you knowvthis. DoD used yo turn a blind eye to this in Korea, the Philippines etc. But times change. Being up front, reporting it during poly takes away threat of blackmail.You are on record. But yeah they hot you on the “admitted impaired driving.” Leaving room, standard. For drinking question…some seriously cannot answer it honestly with a no. If you showed deception…could be an issue. If just normal stress response to essentially being accused? Not an issue.

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13

Advising people to be untruthful is a lousy piece of advice. It obviously concerned him, meaning when asked about crimes…his stress response would rise. Then they pound you on those topics. “banging hookers overseas” is Human Traffcking. Period. No matter how nice the lady is…no matter how eager…someone is taking most of that money. It aint her, and you arent helping out a sweet girl or giving her a gift.

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14

“Prostitution” and “human trafficking” are not the same thing. Yes there is lots of overlap and MOST prostitution is trafficked. But it is still a legal and regulated business in many parts of the world (even in the US). There is also no federal law against it. The issue, usually is if you do do it illegally or do it legally but while doing something else illegal or if you can be blackmailed for it. You’re right though, should not lie about it.

In this particular case, His mistake was acting like he did something wrong. Just own it and say “it was perfectly legal.” Unf, also sounds like some bad judgement there. One of them sounds like a shake-down and the other sounds like a mix-up.

16

To @clearedrob point. He is correct regarding the differences between sex traffic and prostitution. Activities which violate Chapter 77 of Title 18 USC that DoD policies refer to include: Force Labor and Involuntary servitude, document tampering, and sex trafficking by force, fraud, or violation.

I can safely say that the 1-2 instances were all voluntary and consensual. However, I will not be doing it again.

17

@Amberbunny2 thank you for the response! I’ve never heard of CTIP before the poly. I found out about it when I went home after the test and came across it. Also, while doing my research, clause 52.222-50(h) in DoDI 2200.01 states that CTIP training is required for DoD civilians but not for contractors (which I was at the time). Still, I shouldn’t have done it and to Sbusquirrels point, I didn’t do it while on TDY.

Regarding the drinking. I am not sure if it showed deception or not. All the examiner said was my chart was not lining up and he thought I was hiding something regarding a serious crime. I was never arrested/convicted of DUI and I told the examiner the examiner I felt light headed each of the 5 times between 2015-2020. I guess I cracked under pressure. To my credit, examiner asked me would I do it again and I said no and I’ve been taking ride shares when out and about.

18

Plenty security clearance implications.
DOD, the FAR, etc are clear on the topic.

Human Trafficking and Legal Prostitution

This potentially disqualifying condition for a security clearance is based on the implementation of National Security Presidential Directive 22 (NSPD-22) of 2002, “Combating Trafficking in Persons (CTIP)” and on Executive Order 13627 of 2012, “Strengthening Protections against Trafficking in Persons in Federal Contracts.” DoD Instruction 2200.01***** implements NSPD-22 and states:

  1. POLICY. It is DoD policy to: . . . b. Deter activities of DoD Service members, civilian employees, indirect hires, DoD contractors, foreign national employees of DoD, and all dependents that could facilitate or support TIP [Trafficking In Persons], domestically and overseas. This includes activities such as: (1) Prostitution, pimping, pandering, and patronizing a prostitute. Even though such activities may be legal in a host nation country, they are in violation of: (a) Chapter 47 of Title 10, United States Code (U.S.C.), (also known as the “Uniform Code of Military Justice”) [and] (b) Paragraph 97, part IV of the Manual for Courts-Martial, United States. [Emphasis added]

Paragraph 52.222-50 of the Federal Acquisition Regulation (FAR) implements E.O. 13627 and states in part:

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not— . . . (2) Procure commercial sex acts during the period of performance of the contract;

(c) Contractor requirements. The Contractor shall—(1) Notify its employees and agents of—

*(i) The United States Government’s policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees,

  • Criminal Charges: Depending on the jurisdiction and the specific actions,

  • Military Law: Under the Uniform Code of Military Justice (UCMJ), any servicemember who solicits or procures prostitution violates military law.

  • Federal Laws: There are federal laws against prostitution near military and naval establishments.

  • Employment Consequences:

    • Job Loss: Engaging in prostitution or related activities can lead to immediate termination from government employment, even if the employee is not facing criminal charges.
    • Damage to Reputation: Such actions can severely damage an employee’s reputation, making it difficult to find future employment, especially in the government sector.

  • Security Clearance Issues:

    • Security Clearance Revocation: For government employees and federal contractors with security clearances, engaging in prostitution or related activities can lead to the revocation of their clearances.
    • Adjudicative Guidelines: Special rules, beyond the potentially disqualifying conditions listed in the Adjudicative Guidelines, apply to everyone affiliated with the Department of Defense (DoD) and to all federal contractors.

  • Examples of Cases:

  • Zero-Tolerance Policies:

Some government agencies have adopted zero-tolerance policies regarding employees engaging in prostitution or related activities, especially when it involves foreign nationals or involves the use of government resources.

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