Personnel Security (10 CFR Part 710)

On December 22, 2015, an OHA Administrative Judge issued a decision in which she determined that an individual’s access authorization should not be restored.  In reaching this determination, the Administrative Judge found that the individual had not resolved the security concerns arising from his accessing inappropriate images on his government computer.  During the investigation and at the hearing, the individual stated that he was searching for 14-year-old inappropriate pictures of his wife that a friend had told him were on the internet at least 2 years prior to his attempting to find them.  The individual testified that he was not busy at work and stressed at home from taking college courses and working on rebuilding his home.  The Administrative Judge found that the individual’s excuse for having accessed inappropriate images on his computer was unbelievable because his conduct was not unintentional or inadvertent, and continued over a period of three months until detected.  Nor was the Administrative Judge persuaded that the damage to his home and the difficulty of his college courses significantly justified his misconduct. Therefore, the Administrative Judge found that the individual had not resolved the Criterion L concerns and that his access authorization should be not be restored.  OHA Case No. PSH-15-0073 (Janet R. H. Fishman)

On December 22, 2015, an Administrative Judge issued a decision in which she determined that an individual's access authorization should not be restored.  During a personnel security interview in April 2014 and a credit report review, the Local Security Office (LSO) learned that the individual had a number of charge-off accounts totaling $14,941, as well as an outstanding collection account and a past due account.  The LSO also learned that the individual had an established pattern of an unwillingness or inability to satisfy debts.  During the hearing, the individual acknowledged that he is a compulsive spender, but stated that he has learned from his mistakes and has changed his current spending habits.  The Administrative Judge found that the individual has not yet sought any financial counseling or otherwise put mechanisms in place to prevent future financial issues.  She was not convinced that the individual’s financial problems are under control yet.  Therefore, the Administrative Judge found that the individual did not present sufficient evidence to resolve his financial problems, and their associated concerns at this time.  OHA Case No. PSH-15-0067 (Kimberly Jenkins-Chapman)

Freedom of Information Act (FOIA) Appeal

On December 22, 2015, OHA denied a FOIA Appeal filed by Government Accountability Project from a determination issued by the DOE Office of Inspector General (OIG). In the Appeal, the Appellant challenged the redactions made in the responsive documents. OHA found, however, that the redactions made pursuant FOIA Exemptions 5 and 6 were appropriate. OHA Case No. FIA-15-0066