Letter to the Hon. Mick Mulvaney, OMB, and the Hon. Margaret Weichert, Office of Personnel Management - Do Not Penalize Security Clearance Applicants Due to Government Shutdown

Letter

Dear Directors Mulvaney and Weichert:

I write to express my concern about the impact of the government shutdown on the security clearances and determinations of trust for personnel employed by or applying to agencies that are experiencing a lapse in appropriations.

A key element of the background investigation that supports a security clearance or a determination of trustworthiness relates to financial considerations. Adjudicative guidelines established for all U.S. government personnel, consultants, and contractors, specify that "failure or inability to live within one's means, satisfy debts or meet financial obligations… can raise questions about an applicant's reliability, trustworthiness and ability to protect classified national security information…"

Today, federal employees at agencies that lack an appropriation have missed their first paycheck due to the government shutdown, and may be unable to make payments on rent, mortgage, credit cards, or other debts. This could impact their credit scores and thus jeopardize their ability to secure or maintain a clearance or hold a position of trust. Due to absolutely no fault of their own, the jobs of dedicated government personnel whom we entrust with the nation's secrets could be at stake. The problem is particularly acute for younger workers who lack a long credit history.

While I understand that departments and agencies have discretion to consider broader factors that may affect credit (like a government shutdown), I ask you to issue clear and public guidance that departments and agencies may in no way penalize employees' clearances or determinations of trustworthiness if their credit is effected by the shutdown. This guidance should apply to any information used in an initial clearance, a periodic reinvestigation, or a continuous evaluation program.

Thank you for your prompt attention to this matter.

Sincerely,

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