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FIA-14-0004 - In the Matter of National Security Archive

On January 28, 2104, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the National Nuclear Security Administration (NNSA).  The Appellant appealed NNSA’s search for responsive documents, and further argued that other DOE offices should have conducted a search for responsive documents. NNSA informed OHA that the Office of Nonproliferation and International Security (NIS) conducted a search for documents, but that it could not locate any documents. OHA was satisfied that based on NNSA’s explanation, NIS would have had the documents that the Appellant requested and conducted a reasonable search to uncover relevant documents. Finally, OHA contacted the Office of Information Resources (OIR) to inquire about whether or not other DOE Offices would search for responsive documents, and OIR then forwarded the Appellant’s FOIA Request to the Office of Legacy Management and the Office of History and Heritage Resources. Those searches are still pending. Thus, OHA denied the Appeal, concluding that NNSA’s search for responsive documents was adequate.