PSH-21-0039 - In the Matter of Personnel Security Hearing

On June 17, 2021, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) in 2013 and obtained a security clearance. The Individual completed a second QNSP in 2017. The Individual denied having misused prescription drugs on both QNSPs. However, a background investigation of the Individual by the Office of Personnel Management (OPM) revealed that he had misused prescription pain medication from 2008 to 2017 and had resorted to unlawfully acquiring prescription pain medication, including theft, when he exhausted his own supply. The Individual admitted that he intentionally failed to disclose this information on the QNSPs because he feared losing employment that required a security clearance. The Individual met with a DOE-contracted psychiatrist (DOE Psychiatrist) who diagnosed the Individual with Opiate Use Disorder, Severe, under the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition. The DOE Psychiatrist recommended that the Individual undergo random drug testing to demonstrate his abstinence from prescription pain medication and pursue substance abuse treatment and counseling. The Individual testified at the hearing that he had not abused prescription pain medication since 2017 and would rely on family, friends, co-workers, and medical practitioners to help him sustain his recovery. However,   the persons cited by the Individual as sources of support failed to detect the Individual's abuse of prescription pain medication for many years while it was occurring and record evidence suggested that some of them might have struggled with prescription medication abuse themselves. The Individual also demonstrated that he had completed a three-month substance abuse assessment in 2020 during which he tested negative for controlled substances. However, the Individual did not obtain the random drug testing or substance abuse treatment recommended by the DOE Psychiatrist. Moreover, the Individual reported escalating alcohol consumption which the DOE Psychiatrist identified as potentially problematic substitution of a mood-altering substance to replace prescription pain medication. The Administrative Judge determined that the Individual had not resolved the security concerns under Guideline E because record evidence suggested that the Individual made a calculated choice to hide his history of prescription medication abuse in order to protect his family's financial wellbeing and there was insufficient evidence that the Individual would not do so again if forced to choose between his family's wellbeing and national security. The Administrative Judge found that the Individual had not resolved the security concerns under Guideline H because he did not follow the DOE Psychiatrist's treatment recommendations, had not adequately substantiated his abstinence from prescription pain medication, and was potentially compromising his recovery by escalating his consumption of alcohol. Finally, the Administrative Judge determined that the Individual had not resolved the security concerns under Guideline J in light of the uncertainty of the Individual's recovery, the frequency of his criminal conduct, and the fact that he committed the conduct while in possession of a security clearance. Therefore, the Administrative Judge concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0039 (Richard A. Cronin, Jr.).