PSH-18-0012 - In the Matter of Personnel Security Hearing

On April 5, 2018, an OHA Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should be granted. To support the Guideline F security concerns, the LSO stated that it relied upon the individual's unpaid debts, including a $12,000 debt owed to the Internal Revenue Service (IRS) and $14,670 in other    unpaid debts. In addition, the LSO cited that the individual claimed that two of the credit card debts were his ex-wife's responsibility under their divorce decree, which proved incorrect when he supplied the decree; and (2) admitted that he has approximately $2,400 of disposable income monthly after having paid his current financial obligations, yet he is still delinquent to the IRS and other creditors.

After carefully considering the totality of the record, the Administrative Judge found that the individual's clearance should be granted. The individual has admitted that he has significant unpaid debts, which he incurred in the midst of his marriage dissolution in 2013 and while he contracted a medical disease that required significant medical treatment. Also, the individual testified that he has received financial counseling and is following the plan suggested by that counseling. The individual testified that a number of the debts are currently in dispute. Additionally, he explained, in depth, the reason for each of the disputes and expressed his intention to satisfy those debts when the disputes are resolved, whether in his favor or not. Finally, the individual testified that he has a payment plan in place with the IRS for his outstanding tax debt.  Consequently, based on all of the above, the Administrative Judge found that the individual’s access authorization should be granted. OHA Case No. PSH-18-0012 (Janet R. H. Fishman).