PSH-23-0087 - In the Matter of Personnel Security Hearing

On July 10, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In 2018, the Individual completed a Questionnaire for National Security Positions (QNSP) in connection with a periodic review of his eligibility for access authorization in which he disclosed that he had been arrested for a domestic violence -related offense for the third time in ten years. An investigation revealed that the Individual had failed to disclose significant illegal drug use and treatment, as well as his failure to file personal income tax returns and pay personal income taxes as required, on the QNSP. The Individual subsequently admitted to the local security office (LSO) that he had intentionally failed to disclose this information because he feared losing his job. At the hearing, the Individual presented voluminous drug testing records from his treatment corroborating his claims to have abstained from illegal drug use for over three years . However, the Individual admitted that he had not resolved his unpaid taxes, and record evidence showed that the Individual continued to hide his illegal drug use and treatment from his employer even after it was discovered during the investigation of his eligibility for access authorization. The Administrative Judge concluded that the Individual was not prohibited from holding access authorization pursuant to the Bond Amendment, and that he had resolved the security concerns asserted by the LSO under Guidelines H and I. However, the Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guidelines E, F, or J, and therefore determined that the Individual's access authorization should not be restored. ( OHA Case No. PSH-23-0087, Harmonick)