PSH-20-0007 - In the Matter of Personnel Security Hearing

On February 13, 2020, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) in which she disclosed two financial delinquencies. However, a background investigation revealed that the Individual had omitted financial delinquencies that she was required to disclose from the QNSP. During an interview with an Office of Personnel Management (OPM) investigator, the Individual reported that she made payments towards some of her outstanding debts and was able and willing to address the other financial delinquencies. However, a credit report obtained by the local security office revealed that the Individual had not made the payments that she represented to the OPM investigator that she had made. At the hearing, the Individual testified and provided evidence showing that she had fully satisfied some of her debts and was actively seeking to negotiate settlements for other debts. The Individual represented that she was current on payments towards all of her outstanding debts and that she was sufficiently financially stable to avoid falling into delinquency on debts in the future. However, an updated credit report submitted by the Individual showed that she remained delinquent on several outstanding debts. The Administrative Judge determined that the Individual had not mitigated the security concerns under Guideline E because of her pattern of omitting financial delinquencies she was required to disclose throughout the security investigative process, including the hearing itself. The Administrative Judge determined that the Individual had not mitigated the security concerns under Guideline F because the Individual remained delinquent on outstanding debts, demonstrated poor judgment in managing her debts in the past, and had not provided sufficient evidence to show that she was unlikely to experience financial delinquencies in the future. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-20-0007 (Richard A. Cronin, Jr.).