PSH-24-0172 - In the Matter of Personnel Security Hearing

On January 16, 2025, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. While recovering from life-threatening injuries in a car accident, the Individual used three performance enhancing drugs, one of which was not approved for use in humans, without a prescription on several occasions, the last of which occurred in 2020. He did not report his drug use as required. In 2021, the Individual certified in his QNSP that he had not used illegal drugs within the preceding 7 years. In 2024, his office received an anonymous letter alleging that he was buying and selling performance enhancing drugs at a local gym. When confronted, the Individual admitted to using the drugs but maintained that he never bought or sold them. At the hearing, the Individual asserted that he had discontinued illegal drug use and stated that he had made a mistake by using the drugs and by not reporting his use. He claimed that the drugs were given to him for free by a person he knew only by his first name and who he only saw by chance at the gym. The Individual did not provide a signed statement that he would abstain from drug use in the future, had not attended drug counseling, and had not taken concrete steps to improve his decision-making skills. The Individual did not provide evidence beyond his word that he would not use again if faced with a similar situation. Given his history of dishonesty and failure to report as required, the Individual's statements at the hearing held limited weight. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E or H. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0172, Martin)