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B-194507 1 (1979-08-20)

handle is hein.gao/gaobadhnj0001 and id is 1 raw text is: §2j/7 -/ 0 -. 'THE COMPTROLLER GENERAL DECISION * 2 . OFTHE UNITEO STATES '.' WASHINGTON, D. C. 20548 FILE: B-194507 DATE: August 20, 1979 i Nuclear Regulatory Commission -LClaim for MATTER OF: expenses incurred appealing denial of security clearance DIGEST: Applicant for employment with NRC successfully challenged adverse information contained in security investigation file. His claim for legal fees and ex- pert witness fees and expenses may not be allowed in absence of specific statutory authority and where representation of applicant was not in the Government's interest. This decision is in response to a request from the Nuclear Regulatory Commission (NRC), concerning the claim of an individ- ual who is now employed by the NRC for reimbursement of legal fees and psychiatric expert fees and expenses incurred by him in successfully appealing the denial of a security clearance. BACKGROUND The report from the NRC states that the individual applied for employment with the NRC and was offered a position contingent on his receiving a security clearance. Following a background investigation and an interviewthe individual voluntarily submitted to a psychiatric examination. He was subsequently advised by the NRC that there was substantial doubt that he would be granted a security clearance. At the individual's request, a hearing was held before NRC's Personnel Security Board under procedures set forth in 10 C. F. R. §§ 10. 20 et seq. The Board recommended that the security clearance be deieT. The individual appealed to NRC's Personnel Security Review Board which overturned the prior recommendation and, upon the recommendation of the Review Board, the Executive Director for Operations at NRC granted the security clearance. The individual filed a claim with the NRC for reimbursement of legal fees and the fees and expenses of six.psychiatrists which total more than $12, 000. In support of his claim he argues that he was forced to challenge the findings of the NRC psychiatrists in order to obtain a position with the NRC as well as to retain the position he then held with a private employer which required /I / -) 5 __

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