Summary of Decisions - January 20, 2025 - January 24, 2025

Personnel Security Hearing (PSH)

Access Authorization Not Restored; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Misuse)

On January 23, 2025, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In 2017, the Individual used marijuana before applying for access authorization in 2018; however, he failed to report this marijuana use in the 2018 Questionnaire for National Security Positions (QNSP). The Individual was granted access authorization, and while holding his security clearance consumed a marijuana edible in 2020 and smoked Salvia twice in 2021. The Individual failed to report each instance of drug use. When the Individual applied for a higher level of access authorization in 2022, he failed to disclose any of his illegal drug use in the 2022 QNSP. The Individual finally came forward in 2024. Having credited that the Individual was unlikely to abuse drugs again, had only abused drugs in those four instances, and had self-disclosed at risk of losing his security clearance and employment, the AJ found the Guideline H concerns mitigated. However, as the Individual's dishonesty and failure to report his drug use continued up until recently and over an extended period, the AJ did not find the Guideline E concerns mitigated. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-25-0012, Fishman)

Access Authorization Granted; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement and Substance Misuse), Guideline I (Psychological Conditions), Bond Amendment

On January 24, 2025, an Administrative Judge issued a decision recommending that an Individual's access authorization be granted. The Individual was a former habitual methamphetamine user and relapsed two days before being evaluated by a DOE Psychologist. The Psychologist diagnosed him with an alcohol use disorder, substance use disorder, and trauma- or stressor related disorder. At the hearing, the Individual presented evidence that he had completed multiple substance abuse programs, had abstained from drugs and alcohol for over seven months, was active in AA and had a sponsor, and was in individual and group counseling. The DOE Psychologist opined that the Individual was rehabilitated and had a good prognosis. Accordingly, the Administrative Judge found that the security concerns under all of the guidelines were mitigated. The Administrative Judge also found that the Individual was not an addict or habitual drug user as defined by the Bond Amendment. Therefore, the Administrative Judge found that the Bond Amendment did not bar the Individual's employment, and that the Individual's access authorization should be granted. (OHA Case No. PSH-24-0178, Martin)

Access Authorization Not Granted; Guideline G (Alcohol Consumption) and Guideline ( Psychological Conditions)

On January 23, 2024, an Administrative Judge determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. The Individual is employed by a DOE Contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's maladaptive alcohol consumption and psychological conditions. The Individual had not taken action to address his maladaptive alcohol consumption or his psychological condition. Further, he had a history of using alcohol to self - medicate his underlying psychological condition. The Individual failed to mitigate the stated Guideline G and Guideline I concerns. (OHA Case No. PSH-24-0170, Rahimzadeh)