PSH-19-0028 - In the Matter of Personnel Security Hearing

On August 8, 2019, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In January 2017, the Individual completed a Questionnaire for National Security Positions (QNSP). In responding to the questions regarding his financial record, the Individual indicated that he was over 120 days delinquent on his debt to a medical creditor; however, he did not indicate that he had any additional financial problems over the previous seven years. Subsequently, an Investigator with the Office of Personnel Management (OPM) conducted an Enhanced Subject Interview (ESI) in July of 2018. The LSO determined that the Individual failed to disclose on his QNSP that in the previous seven years, he had: (1) eleven medical accounts, a car insurance account, and an additional account that were all submitted to a collections agency, (2) five charge-off accounts, and (3) a collections account that was over 120 days past due. The LSO additionally determined that, during the ESI, the Individual admitted that he: intentionally falsified his security form by not listing all of his financial delinquencies because he was afraid he would lose his security clearance and job if they were known. During the hearing, the Individual acknowledged that he does not have a clear understanding of his financial situation as his wife manages the finances in their household. He further admitted that he failed to list all of the financial obligations required by the QNSP, and he allowed himself to be coerced into giving a dishonest answer to the OPM investigator while under oath. As such, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline E. Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-19-0028 (Katie Quintana).