PSH-17-0070 - In the Matter of Personnel Security Hearing

On January 18, 2018, an OHA Administrative Judge issued a decision in which she determined that an individual’s DOE access authorization should not be restored. The individual failed to report that he and his wife filed bankruptcy in March 2015 in his wife’s name until he reported it on his Questionnaire for National Security Positions (QNSP) in December 2015.  In addition to the failure to report his bankruptcy, in 1981 and 1986, the individual omitted a 1977 marijuana arrest and marijuana usage on his QNSPs.  The local security office (LSO) also raised the individual’s delinquent tax status, his issues with paying his bills, and other financial irregularities.  At the hearing, the individual argued that he mitigated the concern by self-reported the bankruptcy, failing to take into account that he should have reported it two days after filing.   In addition, his omissions of the arrest on his 1981 and 1986 QNSPs shows a pattern of dishonesty of rules violations.  Regarding the Criterion F concerns, the individual presented evidence that he has no current outstanding indebtedness.  Of the two delinquencies on his current credit report, one is included in the bankruptcy and the other is a car loan that he co-signed for his son, which is current.  Given the evidence in the record, the Administrative Judge found that the individual had presented not sufficient evidence to resolve the Guideline E concern in this case. However, the individual mitigated the Guideline F concern raised by the LSO.  Consequently, the Administrative Judge found that the individual’s access authorization should not be restored.  OHA Case No. PSH-17-0070 (Janet R. H. Fishman)