Audit of small UAS aviation requirements

Shawn Musgrave filed this request with the United States Army Audit Agency of the United States of America.
Tracking # FP-15-030597/FA-15-0029 ; OGIS case no. 201500162
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All final reports from A-2013-0020-ALA, "Time Sensitive Issue--Audit of Aviation
Requirements-Small Unmanned Aircraft Systems," published Dec 4, 2012.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave

From: MuckRock

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Shawn Musgrave

Office of Government Information Services (OGIS)
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001

November 23, 2014

Dear OGIS -

I am having systematic issues getting the Army Audit Agency to so much as acknowledge many requests submitted to them over the past several months. I first submitted the below request to AAA in March 2014 by fax to the number provided by their FOIA office, and have sent multiple followups to the same number without any acknowledgement. When I have tried to troubleshoot the request, I found their FOIA website linked from the AAA homepage to be down (see https://www.rmda.army.mil/organization/foia.shtml), and subsequent attempts to communicate with AAA staff have likewise proven unproductive.

I would appreciate your assistance in coaxing AAA FOIA staff into 1) posting current contact information, and 2) acknowledging my duly submitted requests which are now months overdue.

Best,
Shawn Musgrave
MuckRock

From: OGIS

Dear Mr. Musgrave:

Please see the attached acknowledgment letter regarding your request for
assistance.

Sincerely,

The OGIS Staff

From: Angel Simmons

Dear Mr. Musgrave:

My name is Angel Simmons and I am the facilitator with the Office of
Government Information Services (OGIS) recently assigned to work on your
case. Your request for assistance pertains to your Freedom of Information
Act (FOIA) request sent to the U.S. Army Audit Agency (AAA) originally on
March 24, 2014. This letter responds to your correspondence to the Office
of Government Information Services (OGIS) received on November 24, 2014.
Thank you for your interest in OGIS and sorry for the delay.

Congress created OGIS to serve as the Federal Freedom of Information Act
(FOIA) Ombudsman and our jurisdiction is limited to assisting with the FOIA
process.

OGIS:

· Advocates for neither the requester nor the agency, but for the
FOIA process to work as intended

· Provides mediation services to help resolve disputes between FOIA
requesters and Federal agencies

· Strives to work in conjunction with the existing request and appeal
process

· May become involved at any point in the FOIA administrative process

OGIS does not:

· Compel agencies to release documents

· Enforce FOIA

· Process requests or review appeals

· Provide assistance outside the realm of FOIA

· Make determinations or dictate resolutions to disputes

In your correspondence, you request that OGIS contact AAA to request an
update to their posted contact information and an acknowledgement of your
FOIA requests.

I will handle your request for assistance as quickly as possible. If you
have any questions, please feel free email me at angel.simmons@nara.gov or
call me at 202-741-5777.

Sincerely,
Angel Simmons, Facilitator
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road (OGIS)
College Park, MD 20740-6001
(202)741-5777
toll-free (877)684-6448
angel.simmons@nara.gov
web site: ogis.archives.gov <http://ogis.nara.gov/>
blog: blogs.archives.gov/foiablog

From: MuckRock

Hello -

Please provide an update as to the status of this FOIA request and OGIS's discussions with AAA.

Thank you,
Shawn Musgrave
MuckRock

From: Office of Government Information Services

Mr. Musgrave,

Please see the attached response letter.

Regards,

Angel Simmons, Facilitator
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road (OGIS)
College Park, MD 20740-6001
(202)741-5777
angel.simmons@nara.gov
web site: ogis.archives.gov
blog: blogs.archives.gov/foiablog

From: Shawn Musgrave

Hi Angel and Nikki -

Thank you for sending this. I would respectfully point out two things:

1) AAA's web page that contains this information is unavailable at present: http://www.hqda.army.mil/aaaweb/foia.htm — This URL has been nonfunctional for more than a year, yet the agency continues to point frustrated requesters toward its inaccessible guide to submitting requests. This speaks volumes to AAA's disregard for FOIA in spirit.

2) The AAA is failing to abide by the letter of its own guide. According to the highlighted section, an Army component may *deny* a request if the requester fails to supply required information. The AAA has not denied any of my requests to date, but has simply failed to respond whatsoever. As OGIS is no doubt aware, this is a critical difference.

I appreciate your office's help in finally coaxing a response from their office

I urge OGIS to review AAA's overall FOIA processing. In short, it is abysmal. More than a year after I have submitted my initial request to AAA I am nowhere closer to receiving documents to which I am legally entitled under the statute.

Respectfully,
Shawn Musgrave

From: Shawn Musgrave

Hello -

In light of the attached letter from OGIS, I hereby resubmit this FOIA request. Please note that it has been more than a year since I originally submitted this request to AAA. The AAA FOIA office failed to respond to my original request on the dubious grounds that I did not originally include language expressing willingness to pay fees.

Although I strongly doubt that the AAA was legally allowed to simply ignore my request (and numerous followups) on this basis, I have decided in the interest of moving this request forward to resubmit the FOIA with language indicating willingness to pay fees up to $25. Given the considerable delay in processing my request to date, I would appreciate all speed in acknowledging my request and processing it.

Pursuant to the Freedom of Information Act, I hereby request the following document:

All final reports from A-2013-0020-ALA, "Time Sensitive Issue--Audit of Aviation Requirements-Small Unmanned Aircraft Systems," published Dec 4, 2012.

Given that this FOIA is submitted in my capacity as a journalist who has covered drones extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on drones on MuckRock:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of other national media outlets on topics including drones and other matters pertaining to national security and technologies:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

In the event that fees cannot be waived, I am willing to pay fees up to $25. 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,

Shawn Musgrave

From: Shawn Musgrave

Hello -

Please confirm that the below FOIA was received, and provide a tracking number. Please also confirm that I have been classified as a media requester for the purpose of fees.

Best,
Shawn Musgrave
Reporter, MuckRock

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #OGIS case no. 201500162.

Thanks for your help, and let me know if further clarification is needed.

From: Mary Gastner

Shawn,

We've received a response from the Army about your requests. Here are the tracking numbers and/or current status:

FOIA #1: July 27, 2015; Request for final reports from A-2013-0020-ALA, Time Sensitive Issue Audit of Aviation Requirements-Small Unmanned Aircraft Systems, Published Dec 4, 2012.
Case number: FP-15-030597/FA-15-0029

FOIA #2: July 27, 2015; Request for all final reports from A-2010-0168-ALR, "Project mangers' use of the property book unit supply enhanced system; PM, Unmanned Aircraft Systems.
Case number: FP-15-030599/FA-15-0030

FOIA #3 and #4 (requests for the assessment of hunter unmanned aerial vehicle and audit of funding for unmanned aerial vehicle systems have been processed and are closed.) Army said you should be getting a response from AAA soon of these.

I'm working with two different people- one at Army and one at AAA to try to get the tracking numbers for requests #3 and #4. Have you received correspondence for both #1 and #2?

I'll let you know as soon as I hear.

-Kate

Kate Gastner, Facilitator
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road (OGIS)
College Park, MD 20740-6001
(202)741-5783
toll-free (877)684-6448
mary.gastner@nara.gov
web site: ogis.archives.gov
blog: blogs.archives.gov/foiablog

From: Shawn Musgrave

Hi Mary -

Thank you for sending these. Please see below for the latest status on each request:

FOIA #1: July 27, 2015; Request for final reports from A-2013-0020-ALA, Time Sensitive Issue Audit of Aviation Requirements-Small Unmanned Aircraft Systems, Published Dec 4, 2012.
Case number: FP-15-030597/FA-15-0029
-I have received no correspondence from AAA for this request. I have received Angel's July 20 email and letter summarizing AAA's position on including the fee language, but nothing from AAA itself.

FOIA #2: July 27, 2015; Request for all final reports from A-2010-0168-ALR, "Project mangers' use of the property book unit supply enhanced system; PM, Unmanned Aircraft Systems.
Case number: FP-15-030599/FA-15-0030
-I have received no correspondence from AAA for this request.

Thank you again for your help!

Best,
Shawn

From: Shawn Musgrave

Mr. Hankins -

Please advise as to the status of the below request for audit A-2013-0020-ALA, Time Sensitive Issue Audit of Aviation Requirements-Small Unmanned Aircraft Systems, Published Dec 4, 2012. Per OGIS, you had assigned it case number FP-15-030597/FA-15-0029, but I have yet to receive any communication from the AAA FOIA office.

Respectfully,
Shawn Musgrave
MuckRock

From: Mary Gastner

Shawn

Attached is what I was able to get for you so far. Each letter has the tracking number in the last sentence. AAA said sent them to the email addresses associated with the requests. I'm still working on the "All final reports from A-1999-0506AMA- Audit of Funding for Unmanned Aerial Vehicle Systems, published June 23, 1999. Two of the letters say the reports are enclosed, I didn't get copies with them, otherwise I would send them along as well.

-Kate

From: Hankins, Timothy S CIV USARMY HQDA AAA (US)

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Musgrave,

The denial is pending review.

Timothy S. Hankins
U.S. Army Audit Agency
Paralegal FOIA/Privacy Officer
703.545.5881

This email and any files transmitted with it may contain PRIVILEGED or SENSITIVE information and may be read or used only by the intended recipient. If you are not the intended recipient of the email or any of its attachments, please be advised that you have received this email in error and that any use, dissemination, distribution, forwarding, printing, or copying of this email or any attached files is strictly prohibited. If you have received this email in error, please immediately purge it and all attachments and notify the sender by reply email or contact the sender at the number listed.

From: Shawn Musgrave

Mr. Hankins -

Per the attached, which was provided by Ms. Gastner from OGIS, you claim to have provided a denial for request #2015-14 on September 29, 2015. I do not have a copy of any correspondence . Please provide proof that you sent me correspondence to this effect, as well as clarify the current status of this request. Per our phone call from yesterday and your most recent email, this denial is "pending review."

Respectfully,
Shawn Musgrave

From: Hankins, Timothy S CIV USARMY HQDA AAA (US)

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Musgrave,

Please find attached our final response to your above listed FOIA request.

Timothy S. Hankins
U.S. Army Audit Agency
Paralegal FOIA/Privacy Officer
703.545.5881

This email and any files transmitted with it may contain PRIVILEGED or SENSITIVE information and may be read or used only by the intended recipient. If you are not the intended recipient of the email or any of its attachments, please be advised that you have received this email in error and that any use, dissemination, distribution, forwarding, printing, or copying of this email or any attached files is strictly prohibited. If you have received this email in error, please immediately purge it and all attachments and notify the sender by reply email or contact the sender at the number listed.

Classification: UNCLASSIFIED
Caveats: NONE

From: Shawn Musgrave

Mr. Hankins -

Thank you for sending the documents in response to my request. I consider this FOIA request to be closed. I will be following up separately regarding my remaining open requests to AAA.

Best,
Shawn Musgrave

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