PSH-19-0005 - In the Matter of Personnel Security Hearing

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On May 2, 2019, an Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should not be granted. The local security office (LSO) denied the Individual access authorization pursuant to the Bond Amendment and Guidelines E, F, and J. In support of its determination, the LSO cited the facts that the Individual was charged or cited for unlawful conduct on sixteen occasions over nearly thirty years, including forgery, solicitation, and theft, the Individual was incarcerated for eighteen months for theft, the Individual asserted that she had engaged in unlawful conduct because she believed that doing so would help her to keep several boyfriends, and the Individual incurred significant debts and failed to pay several years of state taxes. The Individual presented evidence that she had paid her debts and nearly all of her unpaid taxes, and the Administrative Judge concluded that the Individual had mitigated the security concerns asserted by the LSO under Guideline F. However, the Administrative Judge determined that not enough time had passed to mitigate the security concerns under Guideline J in light of the volume of criminal conduct in which the Individual had engaged throughout her adult life, that the Individual had not adequately demonstrated that she would prioritize national security over the interests of her loved ones to mitigate the security concerns under Guideline E, and that, since the Individual had not mitigated the security concerns related to her criminal conduct, the Individual was disqualified from obtaining access authorization under the Bond Amendment. Accordingly, the Administrative Judge determined that the individual's access authorization should not be granted. OHA Case No. PSH-19-0005 (Brooke A. DuBois).