Personnel Security (10 CFR Part 710)

On April 19, 2016, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored. The local security office (LSO) had conducted personnel security interviews with the individual in both 1991 and 1999 to address financial matters. In 2014, the individual disclosed on a QNSP both collection debt and delinquent debt; he stated he had received offers to settle the collection debt and had made arrangements to settle those accounts with money he had saved. Nine months later, the LSO obtained a credit report on the individual which showed 12 outstanding collection accounts (aggregating $4869), including the two accounts the individual had represented on his QNSP would be settled. During a subsequent PSI in 2015, the individual represented that he had made arrangements to borrow $5000 from a financial institution in order to pay the 12 collection accounts. At the administrative review hearing, the individual acknowledged that those 12 collection accounts continued to be outstanding. Although he disputed the legitimacy of two of those accounts, he was unable to present any documentation as it was in the possession of his estranged wife. The Administrative Judge noted that (1) the burden on the individual to remove doubt with respect to his finances was not diminished by the circumstances of his estrangement from his wife and (2) subsequent to the 2015 PSI, the individual had bought and financed a second car and, at the time of the hearing, was delinquent on both car loans and late paying on a new personal loan. In light of the foregoing, the individual has not begun to rectify his financial difficulties and, therefore, has not resolved the security concerns arising under Criterion L as a result of his pattern of financial irresponsibility.  OHA Case No. PSH-15-0101 (Wade M. Boswell)

On April 20, 2016, an OHA Administrative Judge issued a decision in which she 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 the security concerns arising from her financial delinquencies.  The Local Security Office determined that in September 15, 2015, the individual had 11 delinquent debts totaling $20,764 on her credit report.  At the hearing, the individual did not dispute the debts.  She identified the largest debts as student loans, for which her wages are currently being garnished.  The individual testified that she was never taught the importance of being financially responsible and thought she could just pay her debts “when I got around to it.”  She claimed that since her wage garnishment started approximately one year prior to the hearing, she has been more diligent with her finances.  She explained that she has prioritized paying new debt rather than paying off the old, which is why she still has delinquent debts on her credit report.  Based upon the evidence and testimony presented, the Administrative Judge determined that the individual’s financial irresponsibility did not occur so long ago or was so infrequent as to not cast doubt on her current reliability, and further that, although some of the debt may have been beyond her control, she had not acted responsibly under the circumstances.  In addition, the Administrative found that the individual had not demonstrated a sustained pattern of financial responsibility sufficient to resolve the Criterion L concerns.  OHA Case No. PSH-15-0006 (Janet R. H. Fishman)

Application for Exception

On April 20, 2016, OHA issued a decision denying an Application for Exemption or Exception filed by Tektronix, Inc. (Tektronix).