Personnel Security (10 CFR Part 710)

On January 7, 2016, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should not be restored. In reaching this determination, the Administrative Judge found that the individual had not resolved security concerns under Criteria F and L regarding a failure to provide accurate answers on an Electronic Questionnaire for Investigations Processing Form, a failure to timely file state and federal income tax returns, a history of financial irresponsibility and a 2014 bankruptcy. The individual presented evidence from a psychologist indicating the he suffered from a mild form of Attention Deficit Hyperactivity Disorder (ADHD) which played a role in his mismanagement of his finances and his recent history of financial responsibility. The Administrative Judge found, however, that the Individual’s ADHD did not play a significant role in his failure to file tax returns or his financial mismanagement. Further, even if the individual’s problems were due in significant part to his ADHD, the individual had not yet begun treatment. Consequently, the Administrative Judge found that the individual’s security clearance should not be restored at this time.  OHA Case No. PSH-15-0087 (Richard Cronin)  

On January 5, 2016, an OHA Administrative Judge issued a decision in which she concluded that an individual should be granted an access authorization.  After the individual’s background check revealed derogatory information pertaining to her alcohol use, a Local Security Office (LSO) summoned the individual for a Personnel Security Interview (PSI) with a personnel security specialist in April 2015. After the PSI, the LSO referred the individual to a psychologist who concluded that the individual met the criteria for a Mild Alcohol Disorder, without adequate evidence of rehabilitation or reformation.  The individual testified that soon after meeting with the DOE psychologist, she joined an early recovery program, started therapy, was abstinent for 30 days, and changed her level of alcohol consumption to moderate.  At the hearing, the DOE psychologist concluded that the individual had a good prognosis and that she demonstrated adequate evidence of reformation or rehabilitation.  Consequently, the Administrative Judge found that the individual had sufficiently resolved the concerns with regard to her alcohol consumption and concluded, accordingly, that her access authorization should be restored.  OHA Case No. PSH-15-0088 (Shiwali Patel)

On January 7, 2016, an OHA Administrative Judge issued a decision in which she concluded that an individual’s security clearance should be restored.  A Local Security Office (LSO) conducted a Personnel Security Interview of the individual to address concerns about his outstanding debt and omissions on his Questionnaire for National Security Positions (QNSP). Specifically, the individual had a charged-off account and four collection accounts totaling $60,436 and he was 60 days past due in paying his mortgage.  He also failed to disclose that he had six collection accounts and two charged-off accounts that he had within the previous seven years on his QNSP in June 2014 and that he was charged with being a minor in possession of alcohol when he was 18 years old in March 1981.  Based on the exhibits and the testimony, the Administrative Judge found that the individual did not deliberately omit this information from his QNSP.  Moreover, the individual submitted documentation indicating that he was caught up on his mortgage payments and had paid off the accounts that were in collection except one.  The one collection account that is still delinquent and the charged-off account are both student loans that he co-signed with his son.  The Administrative Judge found that his financial problems were due to conditions that were beyond his control – primarily that his son was not able to pay his student loans due to his injury, unemployment and insufficient income, and that the individual’s own health issues and surgery in 2010 rendered it difficult for him to pay his expenses.  Moreover, as the individual recently hired a real estate agent to sell his home, the Administrative Judge found that he has made progress towards resolving both of the student loans, which are his only remaining delinquent debts.  Accordingly, the Administrative Judge concluded that the individual’s security clearance should be restored.  OHA Case No. PSH-15-0079 (Shiwali Patel)

On January 6, 2015, an OHA Administrative Judge issued a decision in which she determined that an individual’s access authorization should be restored.  In reaching this determination, the Administrative Judge found that the individual had resolved the security concerns arising from his financial delinquencies.  The Local Security Office determined that in October 2014, the individual had six delinquent accounts on his credit report.  At the hearing, the individual presented a recent credit report which showed no delinquent accounts.  He testified that the delinquent accounts were the result of his 2008 divorce when he was trying to support two households to ensure his daughter’s safety.  The individual testified that he told DOE in 2010 that he was going to declare bankruptcy to deal with the delinquent accounts but after researching the matter determined that the accounts would be removed from his credit report in 2014 by statute whereas the bankruptcy would be on his report until 2017.  Therefore, the individual decided not to declare bankruptcy.  The Administrative Judge found that because the debts were due to circumstances beyond his control, i.e., his divorce, and that the accounts were no longer collectable, the individual had sufficiently mitigated the security concern raised by the delinquent accounts listed on his October 2014 credit report.  Therefore, the Administrative Judge found that the individual’s access authorization should be restored.  OHA Case No. PSH-15-0084 (Janet R. H. Fishman)