2021 NDAA b(3) Exemptions
| Tracking # |
20-FR-1079 20-A-1079-A1 20-F-1079 |
| Submitted | May 3, 2020 |
| Due | June 1, 2020 |
| Est. Completion | June 28, 2024 |
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Communications
From: Freddy Martinez
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
For the 2021's National Defense Authorization Act (NDAA), the Department of Defense proposed a draft change to Section 1061 "NONDISCLOSURE OF CERTAIN SENSITIVE MILITARY INFORMATION." Source:
https://fas.org/man/eprint/ndaa-2021-prop/03062020-bill.pdf.
Therefore, we request, under the Freedom of Information Act, documents prepared in the office of the Assistant Secretary of Defense for Legislative Affairs for the 2021 NDAA including changes to Section 1061.
We request any communication received by your office by outside vendors, contractors, and non-government agencies related to the 2021 NDAA.
We request internal discussion in the office of the Assistant Secretary of Defense for Legislative Affairs for Section 1601 of the 2021 NDAA.
We request any internal discussion about the 2021 NDAA with external government agencies, specifically related to Section 1061 of the NDAA. Please be aware that this provision has been previously proposed in previous NDAA, so responsive records may be in previous years of the NDAA.
We request that you search the office of the Assistant Secretary of Defense for Legislative Affairs but do not limit your search to just that office.
Additional Instructions
The requests that all fees incurred in connection with the attached request to your agency be waived, because “disclosure of the information is in the public interest and is not primarily in the commercial interest of the requester.” 5 U.S.C. §552 (a)(4)(A)(iii). See below for further justification for our fee waiver request.
If any of the material covered by this request has been destroyed or removed, please provide all surrounding documentation including, but not limited to, a description of the action taken regarding the materials and justification for those actions taken. For any documents or portions you deny due to a specific FOIA exemption, please provide a Vaughn Index (Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974)), including a detailed justification of your grounds for claiming such exemption and explanation of why the exemption is relevant to the document or portion of the document withheld.
To the extent that some documents may be exempt under 5 U.S.C. §552 (b), we request that you release you segregate non-responsive documents and release the rest.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Freddy Martinez
Policy Analyst
Open The Government
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
Please find attached both FOIA Request (20-F-1079) which has been received in our office on May 12, 2020, as well as our office's interim response. Please refer to your assigned case number 20-F-1079 in all future correspondences. If you have any questions or wish to narrow the scope of this request, to potentially expedite our response, please feel free to contact me directly.
Respectfully,
Raymond Hartwick
Government Information Specialist
For Stephen Fisher, on behalf of
Stephanie L. Carr
Chief, Office of Freedom of Information
OSD/JS FOIA Requester Service Center
(571) 372-0432
Raymond.j.hartwick.ctr@mail.mil
Let us know how we are doing: https://ice.disa.mil/index.cfm?fa=card&sp=125562
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 3, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #20-F-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
This email is in response to your status update request regarding OSD/JS FOIA request 20-F-1079 (attached for your convenience).
It is our policy that each request receives prompt attention, and every effort is made to treat all requesters equally. Please note that your request was tasked for search. Unfortunately, the search for the requested records has not been completed. As stated in our interim response, our administrative workload was 3,337 open requests at the time we received this request. Please understand our problem with the volume of requests. Once I receive the response from the component conducting the search, I will act on your request as soon as possible and respond directly to you. I have also requested an estimated completion date from the component conducting the search and once I hear from the component, I will update you with that date. I apologize for the anticipated delay in responding to your request.
If you have any additional questions, please contact me.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Again Mr. Martinez,
I have spoken with the cognizant component and they have provided an estimated completion date of July 10, 2020. Please bear in mind that this date is just an estimate and your request may be completed before that date, or require more time for processing.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 3, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #20-F-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Sir,
I am checking with the component tasked to conduct a search for FOIA request 20-F-1079. Once I receive their response I will notify you immediately.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
Please find attached our office's final response to FOIA request 20-F-1079, as well as your original request.
Respectfully,
Raymond Hartwick
Government Information Specialist
For Stephen Fisher, on behalf of
Stephanie L. Carr
Chief, Office of Freedom of Information
OSD/JS FOIA Requester Service Center
(571) 372-0432
Raymond.j.hartwick.ctr@mail.mil
Let us know how we are doing: https://ice.disa.mil/index.cfm?fa=card&sp=125562
From: Freddy Martinez
This is an appeal to the Office of Oversight and compliance for our FOIA request. We believe the search for records was inadequate as the DoD office specifically asked for additional b3 exemptions into the NDAA. Given that the NDAA is the main bill that provides funding to the DoD, we find it implausible that there are no records for how the office decided to include the FOIA exemptions into their proposal.
We respectfully ask that you remand DoD for an additional search.
Best,
Freddy Martinez
Policy Analyst
Open The Government
From: Freddy Martinez
This is a follow up to out appeal under 5 USC 552 (FOIA) sent on 7/17/2020. To date, we have not received an acknowledgement from your office for our appeal nor have we gotten confirmation you are working on it.
From: Freddy Martinez
This is a follow up to out appeal under 5 USC 552 (FOIA) sent on 7/17/2020. To date, we have not received an acknowledgement from your office for our appeal nor have we gotten confirmation you are working on it. We also have not gotten a response to our inquiry on 1/25/2021.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 3, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #20-F-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 3, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #20-F-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 3, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #20-F-1079.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Special Operations Command - USSOCOM
Good morning,
The Appeals Section for the Office of Oversight, and Compliance, are currently in communication with the OSD/JS component obtain confirmation of an adequate records search, and anticipate results soonest. See attached for a copy of the FOIA Appeal.
At the conclusion of this process, we will contact you.
Respectfully,
Don Nichelson, Sr.
Senior FOIA Appeals Analyst
Defense Privacy, Civil Liberties, and Transparency Division
Directorate for Oversight and Compliance
From: Department of Defense, Office of the Secretary of Defense
Good morning,
Attached to this e-mail is the final appellate response to your OSD FOIA Appeal Case No. 20-A-1079-A1. Your case is remanded back to the Freedom of Information Division.
Thank you.
V/r,
OSD FOIA Appeals
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
Please find attached our office's interim response to FOIA request
20-FR-1079.
Respectfully,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil>
Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil>
Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing:
<https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110>
https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #20-A-1079-A1.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
Our outstanding component has provided an estimated completion date of February 2023. Please note that this is just an estimation and your request may take less, or more, time to complete.
Respectfully,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on Feb. 1, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-A-1079-A1.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Sir,
I have no reason to believe that this request will not be competed in February 2023. However, please note that this is just an estimation and 20-FR-1079 may require more time to process, or not.
Respectfully,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on Feb. 1, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-A-1079-A1.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have reached out to our outstanding components again to obtain an update. Once I get any information I will update you.
Respectfully,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0001
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on Feb. 1, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-A-1079-A1.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have reached out to our outstanding component for an update. Once I have any information for you I will inform you immediately.
Respectfully,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0001
From: Department of Defense, Office of the Secretary of Defense
Good Morning Again Mr. Martinez,
Our outstanding component has provided an estimated completion date of October 2023. Please note that this date is only an estimation and your request may take less, or more, time to complete. Please feel free to contact me with any questions that you may have regarding this matter.
Respectfully,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD1396
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on Oct. 31, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-A-1079-A1.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have emailed our component for a status update in regard to FOIA request 20-FR-1079. Once I receive a response I will update you immediately.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have heard back from our outstanding component, we have been provided an estimated completion date of December 2023. Please note that this is an estimation and your request may take less, or more, time to complete.
V/r,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: Raymond.j.hartwick.civ@mail.mil <mailto:Raymond.j.hartwick.civ@mail.mil>
SIPR: Raymond.j.hartwick.civ@mail.smil.mil <mailto:Raymond.j.hartwick.civ@mail.smil.mil>
Let us know how we are doing: https://ice.disa.mil/index.cfm?fa=card <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> &sp=125562&s=110
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on Dec. 31, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-FR-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I will reach out to our outstanding components and ask for an update regarding this FOIA request. Once I have any information to provide you I will do so immediately.
V/r,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0005
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on Dec. 31, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-FR-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have reached out to our outstanding component regarding this FOIA request when last we spoke and will do so again today. I will also attempt to reach out via phone since they did not respond to my last attempt at contact. I will update you immediately once I have anything to share.
V/r,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0001
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have spoken with our outstanding component regarding FOIA request 20-FR-1079. They have provided me with an estimated completion date of March 29, 2024. Please keep in mind that this is an estimation only. Your request may require less, or more, time to complete, thank you for your patience and I am here to assist in anyway I can.
V/r,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
-
~WRD0001
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 12, 2020. You had previously indicated that it would be completed on March 29, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #20-FR-1079.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Defense, Office of the Secretary of Defense
Good Morning Mr. Martinez,
I have reached out to our outstanding component to ascertain a status update regarding this matter. As soon as I have something to provide you, I will do so immediately.
V/r,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
From: Department of Defense, Office of the Secretary of Defense
Good Afternoon Mr. Martinez,
Our outstanding component has provided an ECD of June 28, 2024. Please keep in mind that this is an estimation only and your request may take less, or more, time to complete.
V/r,
Raymond (Ray) Hartwick
Freedom of Information Division
OSD/JS FOIA Requester Service center
Action Officer
571-372-0432
NIPR: <mailto:Raymond.j.hartwick.civ@mail.mil> Raymond.j.hartwick.civ@mail.mil
SIPR: <mailto:Raymond.j.hartwick.civ@mail.smil.mil> Raymond.j.hartwick.civ@mail.smil.mil
Let us know how we are doing: <https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110> https://ice.disa.mil/index.cfm?fa=card&sp=125562&s=110
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