PSH-21-0057 - In the Matter of Personnel Security Hearing

On July 8, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. The DOE Local Security Office (LSO) discovered that in 2018 the Individual unlawfully used prescription Adderall, a controlled substance, that was not prescribed to him while he possessed a security clearance. The LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance under the Bond Amendment, 50 U.S.C. § 3343(b), and Guideline H 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 the Bond Amendment and Guideline H and that the Individual succeeded in resolving the security concerns for the following reasons. As to the Bond Amendment, the AJ found that the Individual did not meet the definition of an unlawful user because there was no evidence that the Individual was a current user of Adderall or that he lost self-control when he did use Adderall. Regarding Guideline H, the AJ found that the Individual resolved the concerns because (1) the unique circumstances of his past, infrequent use of Adderall and his subsequent actions demonstrated that his past drug use did not cast doubt on his current reliability, trustworthiness and good judgment, and (2) the individual acknowledged his drug involvement and substance misuse, provided evidence of actions taken to overcome this problem, and established a pattern of abstinence for over two years. Accordingly, the AJ concluded that the Individual's access authorization should be restored. OHA Case No. PSH-21-0057 (James P. Thompson III).