2021 NDAA b(3) Exemptions

Freddy Martinez filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking #

20-F-1079

Est. Completion None
Status
Awaiting Appeal

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: 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: 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

Files

pages

Close