On July 15, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should grant an individual access authorization. As security concerns under Criterion L of 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s dual citizenship, his holding a passport issued by his country of birth and substantial investments maintained in that country, and his availing himself of benefits available to citizens of that country. The Hearing Officer found that the individual had resolved these concerns: the individual was willing to relinquish his foreign citizenship, no longer intended to renew his now expired foreign passport, and had transferred the majority of his foreign assets to the United States (for reasons unrelated to his security clearance process). Regarding the two foreign citizen benefits that had raised concerns for the LSO, he successfully mitigated those concerns by revealing that (1) as a non-resident citizen of his country of birth, he was not in fact eligible for free medical care, as he had formerly believed, and (2) having transferred the bulk of his assets out of this country of birth, the exemption available to citizen income tax filers was now of minimal monetary value.
William Schwartz - Hearing Officer