PSH-21-0017 - In the Matter of Personnel Security Hearing

On May 6, 2021, an Administrative Judge (AJ) determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. During an investigation to determine her suitability to hold a security clearance, the following derogatory information relating to the Individual's mental health history was discovered: (1) a DOE-consultant psychologist concluded that the Individual met the criteria for a diagnosis of Bipolar I Disorder and the condition could impair her judgment, stability, reliability, or trustworthiness; and (2) the Individual was involuntarily hospitalized due to mental health issues in both 2003 and 2018. The DOE subsequently suspended the Individual security clearance process, citing security concerns under Guideline I of the Adjudicative Guidelines.

At the hearing, the Individual did not dispute the DOE's allegations, but rather provided documents and witness testimony to resolve the security concerns. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guideline I and that the Individual succeeded in resolving the security concerns for the following reasons. First, the record demonstrated that the Individual's diagnosed condition can be controlled through treatment such as medication, counseling, and therapy; and the Individual demonstrated an ongoing commitment to and compliance with her treatment plan and willingness to seek additional treatment if she notices an increase in symptoms. Second, there was no dispute that the Individual was currently and voluntarily receiving counseling and medical treatment from both a counselor and psychiatrist; the condition is amenable to treatment, her treatment is effective, and her condition is stabilized and rehabilitated; and the psychologist provided a favorable prognosis. Accordingly, the AJ concluded that the Individual should be granted access authorization. OHA Case No. PSH-21-0017 (James P. Thompson III).