Border Patrol 2005 UAS contract w/ General Atomics

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.
Est. Completion None
Status
Awaiting Appeal

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:

Contracts between the US Border Patrol and General Atomics (and/or its subsidiary General Atomics Aeronautical Systems, Inc. (GA-ASI)) to launch and develop the Border Patrol's unmanned aerial systems program.

Per an accident summary from the National Transportation Safety Board (see http://www.ntsb.gov/about/employment/_layouts/ntsb.aviation/brief2.aspx?ev_id=20060509X00531&ntsbno=CHI06MA121&akey=1): "The UAS program began in August 2005 when the U.S. Border Patrol granted a contract to GA-ASI to develop the program."

Per a 2005 press release from General Atomics (see http://media.ga.com/2005/09/01/general-atomics-aeronautical-systems-awarded-dhscbp-uas-contract/):

"General Atomics Aeronautical Systems Awarded DHS/CBP UAS Contract [....] First Year Award Worth $14.1 Million

SAN DIEGO – September 1, 2005 — General Atomics Aeronautical Systems, Inc. (GA-ASI), a leading manufacturer of unmanned aircraft and high resolution surveillance and radar imaging systems, today announced that it has been awarded a contract for the first Department of Homeland Security (DHS), Customs and Border Protection (CBP) unmanned aircraft system (UAS)."

Given that this FOIA is submitted in my capacity as a journalist who has covered CBP 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 MuckRock to substantiate my claim that I should be categorized as a media (as opposed to "commercial" or "non-commercial" requester) for the purpose of fees:

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/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 pertaining to national security, law enforcement and homeland security processes:

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

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

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 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.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 22, 2015. 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 July 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

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

From: Shawn Musgrave

To Whom It May Concern:

This is an appeal for constructive denial of the below FOIA request. Out of politeness and deference to CBP's caseload, I have submitted numerous requests for CBP to confirm receipt of my request. Having received no reply, I hereby request that you remand this FOIA to CBP for good faith search and provision of responsive documents, in keeping with the agency's obligations under the FOIA.

Respectfully,
Shawn Musgrave

From: SUZUKI, SHARI

Dear Mr. Musgrave,

I cannot locate this initial request in CBP’s system (no case number was included with your appeal). It appears your request was not received by CBP. Please submit your initial request to CBP.
Information on how to file an initial request can be found at:
http://www.cbp.gov/site-policy-notices/foia
FOIA Division’s phone number is: (202) 325-0150

I cannot open an appeal without there being an initial request received by CBP and opened in the system.

My office handles appeals – not initial requests. I seem to recall you telling me previously that you do not want to file using CBP’s FOIAOnline System. You should contact FOIA Division about whether there are other ways that you can submit your initial request. Again, I only handle appeals.

I am sorry that I cannot be of further assistance.
Regards,
Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

From: Shawn Musgrave

FOIA Appeals, Policy and Litigation Branch
U.S. Customs and Border Protection
90 K Street, NE
Washington, D.C. 20229

To Whom It May Concern:

This is an appeal for constructive denial of the below request. Despite having submitted it a number of times via the appropriate channels, I have not received any response. Please remand this request to the CBP FOIA office good faith search and provision of responsive documents, in keeping with the agency's obligations under the FOIA.

Respectfully,
Shawn Musgrave

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