Summary of Decisions - January 18, 2016 – January 22, 2016

Personnel Security (10 CFR Part 710)

On January 19, 2016, an Administrative Judge issued a decision in which he determined that an individual's access authorization should not be restored.  The individual tested positive for marijuana during a routine drug screening. During the ensuing personnel security interview, he revealed that he had used marijuana periodically over a period of approximately 20 years while holding a security clearance, and that he had repeatedly violated a DOE drug certification that he signed in 1989. During the hearing, the individual acknowledged his usage, but asserted that he was self-medicating to deal with the trauma associated with childhood abuse and with the death of his grandson.  The Administrative Judge found that the individual had abstained from marijuana usage for over a year as of the time of the hearing, and had obtained counseling concerning his drug usage. He therefore concluded that the individual had successfully addressed the DOE’s security concerns about that usage under criterion (k) and the Bond Amendment. However, the Administrative Judge found that valid concerns remained under criterion (l) because of the individual’s 20 years of marijuana usage while holding a security clearance, his violation of the drug certification, and his intentional provision of false information about his drug usage on two Questionnaires for National Security Positions. The Administrative Judge therefore concluded that the individual’s access authorization should not be restored. OHA Case No. PSH-15-0068 (Robert B. Palmer)