On January 11, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires a security clearance. During the security clearance investigation process, the Individual submitted a Questionnaire for National Security Positions (QNSP) in which he disclosed his prior use of marijuana and crack cocaine but omitted his illegal use of other drugs. He also certified on his QNSP that he had never sought counseling or treatment as a result of his drug use or use of a controlled substance. However, during a subsequent Enhanced Subject Interview (ESI), he disclosed to the Office of Personnel Management (OPM) investigator that he had previously smoked heroin from 2011-2017 and illegally used Xanax and Percocet. He also disclosed to the OPM investigator that he had attended a substance abuse treatment program, but left the program the first day, but again denied attending any other counseling or drug treatment. He disclosed his criminal history of three prior arrests including a 2014 arrest for reckless driving and possession of drug paraphernalia, a 2019 arrest for DWI, and a 2020 charge for unlawful use of license and speeding. Subsequently, during a DOE psychological evaluation, the Individual admitted to the DOE Psychiatrist that that he sought treatment from a doctor in Mexico for his substance abuse problem. He stated that the doctor treated him with intravenous (IV) fluids at his brother's house. He stated that he has abstained from all drug use since 2018. His urine drug test administer as part of the psychological evaluation was negative for all drugs. The DOE Psychiatrist diagnosed the Individual with Opioid Use Disorder (OUD), Mild, in sustained remission and recommended that to show adequate evidence of rehabilitation or reformation, the Individual should attend outpatient treatment of moderate intensity for one year and abstain from all illegal drugs and opiates
At the hearing, the Individual asserted that he had unintentionally omitted his drug use and drug treatment on his QNSP, and he asserted that he was honest because he told the OPM investigator everything during the ESI, although he had failed to disclose his drug treatment in Mexico during the ESI. The Individual also admitted that he had not complied with any of the DOE Psychiatrist's recommendations. The Individual gave further testimony about his treatment in Mexico, stating that his doctor in Mexico recommended that he attend additional treatment in the U .S. when he returned home, but the Individual chose not to follow doctor's recommendations because it was not mandatory, and he did not think he needed any further treatment. He admitted that his prior use of Percocet led him to opiate addiction, and although he asserted he will never again take any drugs including prescription opiates, he admitted that he recently got a prescription for Percocet, and chose to keep the pills without a reasonable explanation.
Regarding his criminal history, the Individual admitted to the allegations of his prior arrests. He admitted that regarding his 2020 arrest, he chose to violate the terms of his probation from his previous arrest by driving a vehicle that did not have a required interlock device because he had to go to work, and was willing to assume the risk of getting caught for violating probation.
The Administrative Judge determined that the Individual did not resolve the security concerns associated with Guidelines, E, H, and J. Accordingly, she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-22-0115, Balzon)