Access Authorization Not Granted; Guideline B (Foreign Influence); Guideline E (Personal Conduct)
Office of Hearings and Appeals
October 31, 2024On October 31, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by the Department of Energy (DOE) in a position that requires him to hold a security clearance. In a Questionnaire for National Security Positions, the Individual stated that in March 2021, he married a foreign national who is a citizen of a DOE sensitive country. After assessing the Individual, the DOE Office of Counterintelligence (CI) found that the Individual demonstrated a lack of candor surrounding his contacts in and travel to the sensitive country. It concluded that the Individual posed a high potential risk to DOE equities. At the hearing, the Individual testified that he and his wife were seeking a divorce, and he stated that he had not had contact with her or her family since the spring of 2022. He additionally testified regarding the inconsistent and incomplete information he provided to counterintelligence. Ultimately, the Administrative Judge determined that the Individual had failed to mitigate the Guideline B and Guideline E security concerns, and she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24-0169, Quintana)