PSH-21-0032 - In the Matter of Personnel Security Hearing

On June 21, 2021, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual   terminated   a personnel security interview in 2010 after being questioned about his financial situation due to concerns about unpaid taxes. In 2018, the Individual completed a Questionnaire for National Security Positions (QNSP). In his responses to the QNSP, the Individual denied failing to file or pay federal, state, or local taxes in the prior seven years and denied any delinquencies involving routine financial accounts in the prior seven years. However, a background investigation by the Office of Personnel Management revealed that the Individual failed to file or pay federal personal income taxes for 2010, 2011, or 2012 and owed substantial delinquent debts. In October 2019, in response to a letter of interrogatory from the local security office, the Individual indicated that he had filed a personal income tax return for 2010 but had not made progress in resolving his unpaid tax liability or delinquent debts. At the hearing, the Individual presented evidence and testimony that he had filed personal income tax returns for 2010 and 2011 and had paid some of his delinquent debts. However, the Individual did not produce evidence that he had filed a personal income tax return for 2012 and estimated his unpaid tax liability at $28,000. The Individual was not able to identify all of his outstanding delinquent debts or how much he owed. The Individual expected that his wife would soon receive benefits that he could use towards meeting his financial obligations, but could not quantify his current net income or calculate how much he could put towards his unpaid debts and tax liability if his wife did not receive the benefits. The Administrative Judge determined that the Individual had not resolved the security concerns under Guideline F because the Individual demonstrated a long history of financial irresponsibility, had made minimal progress towards resolving his unpaid taxes and debts, and had not demonstrated a significant likelihood of being able to meet his financial obligations for the foreseeable future. Therefore, the Administrative Judge concluded that the Individual should not be granted access authorization. OHA Case No. PSH-21-0032 (Kimberly Jenkins-Chapman).