Access Authorization Not Restored; Guideline E (Personal Conduct) & Guideline I (Psychological Conditions)
Office of Hearings and Appeals
January 4, 2023On January 4, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. Prior to being granted access authorization, the Individual completed a Questionnaire for National Security Positions (QNSP) in which she failed to disclose that she had previously been hospitalized following a suicide attempt and had a history of suicidal ideation. The Individual also failed to volunteer this information during an interview with an investigator. In 2021, after being granted access authorization, the Individual was hospitalized for five days after threatening suicide. A DOE-contracted Psychologist (DOE Psychologist) conducted a clinical interview of the Individual and determined that she met sufficient diagnostic criteria for a diagnosis of Borderline Personality Disorder under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychologist recommended that the Individual undergo treatment with a clinician "trained and experienced in dialectical behavior therapy" supported by medication for anxiety. At the hearing, the Individual testified that she had been undergoing counseling for several months and had been prescribed medication that moderated her symptoms. The DOE Psychologist opined that the Individual's self-described treatment was not of sufficient duration or frequency to manage her Borderline Personality Disorder and that it was highly probable that she would experience symptoms of Borderline Personality Disorder that could compromise her trustworthiness and reliability in the future. In light of the Individual's lack of candor in the investigative process and the DOE Psychologist's poor prognosis for the Individual's recovery, the Administrative Judge determined that the Individual had not resolved the security concerns. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-23- 0001 (Phillip Harmonick)