PSH-21-0013 - In the Matter of Personnel Security Hearing

On April 30, 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. As part of the application for access authorization, the Individual completed a Questionnaire for National Security Positions form in which she disclosed her prior illegal drug use and drug-related arrests. As a result, the DOE LSO requested that the Individual receive a psychiatric evaluation. Afterward, the DOE-consultant psychiatrist provided a report that included his opinion that the Individual met the DSM-5 criteria for Stimulant Use Disorder Amphetamine, Type - Severe, in sustained remission. The DOE subsequently suspended the Individual security clearance process, citing security concerns under Guidelines H and J 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 Guidelines H and J, and the Individual succeeded in resolving the security concerns for the following reasons. First, the AJ determined the Individual acknowledged her illegal drug use; provided evidence of actions taken to overcome her problem by, among other things, attending Narcotics Anonymous, church, and several faith-based revival weekends and disassociating from former friends who used drugs; and established seven years of abstinence. Second, the AJ determined that the Individual had successfully rehabilitated from her past criminal conduct by demonstrating a seven year period without recurrence of criminal activity, successful completion of job training, obtainment of a GED and associate's degree, a good employment record, and constructive community involvement. Accordingly, the AJ concluded that the Individual should be granted access authorization. OHA Case No. PSH-21-0013 (James P. Thompson III).