Caltech/JPL Voyager Contract

RA000/NMO October 20, 2016

MuckRock News
Attn: Mr. Allan Lasser
requests@muckrock.com
DEPT MR 28949
PO Box 55819
Boston, MA 02205-5819

Re: FOIA Request 17-JPL-F-00062

Dear Mr. Lasser:

Thank you for your Freedom of Information Act (FOIA) request received in our office on October 18, 2016. Your request was assigned Case File Number 17-JPL-F-00062. Your request was for:

NASA Contract NNN12AA01C

NASA processes all FOIA requests in a multi-track processing system, based upon the date of receipt and the amount of work and time involved in processing the request. In accordance with 14 CFR § 1206.400, your request has been placed in the complex queue and it will generally take up to 20 working days. Issues concerning processing, fees, fee status, clarification of request, etc., will be addressed in a separate letter, if necessary, once we begin processing your request.

Questions regarding this action should be in writing to this center at the address shown on the letterhead. You may also e-mail correspondence to jpl-foia@nasa.gov or reach me by telephone at 818-393-6779 and fax at 818-393-3160. Thank you very much.

Sincerely,

//SIGNED ORIGINAL ATTACHED//

Dennis B. Mahon

Freedom of Information Act

Public Liaison Officer

Dennis B. Mahon
Freedom of Information Act
Public Liaison Officer,
Records Manager,
Privacy Act Manager and
Audit Liaison Representative
National Aeronautics and Space Administration
Jet Propulsion Laboratory
Suite RA000
NASA Management Office
4800 Oak Grove Drive, MS 180-200K
Pasadena, CA 91109-8001
http://www.hq.nasa.gov/office/pao/FOIA/jpl/index.htm
Phone: (818) 393-6779
Fax: (818) 393-3160

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RA000/NMO November 15, 2016

MuckRock News
Attn: Mr. Allan Lasser
requests@muckrock.com<mailto:requests@muckrock.com>
DEPT MR 28641
PO Box 55819
Boston, MA 02205-5819

Re: FOIA Request 17-JPL-F-00062

Dear Mr. Lasser:

Thank you for your Freedom of Information Act (FOIA) request received in our office on October 18, 2016. Your request was assigned Case File Number 17-JPL-F-00062. Your request was for:

NASA Contract NNN12AA01C

We found NASA Contract NNN12AA01C to be responsive to your request (Annex 2 was not executed).

In general, the Freedom of Information Act (FOIA), 5 U.S.C. 552, requires a federal agency to disclose records in its possession upon request, subject to nine specific exemptions. Disclosure is required unless the requested records is clearly exempt from disclosure by statute. Redactions were made to responsive documents pursuant to the FOIA Exemptions, Title 5, USC, § 552, (b)(4), trade secrets and commercial or financial information obtained from a person and privileged or confidential and FOIA Exemption 5 U. S. C. § (b)(7)(E), maintaining that this information as a whole is highly sensitive and affects the Agency's ability to provide a safe and secure environment for persons and property. In accordance with this exemption, it authorizes the withholding of information necessary to protect the physical safety of a wide range of individuals. NASA has determined that releasing this information could compromise security at Federal facilities and the safety of persons at the facilities as well as compromise security of NASA IT Critical infrastructure. A comprehensive listing of the information could also obstruct the ability of the Information Technology Office to protect the IT systems from intrusion. Additionally, the information you requested is being withheld in part again pursuant to FOIA Exemption 5 U. S. C. § (b)(7)(E), "... would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law." NASA maintains that this information remains highly sensitive and affects the Agency's ability to provide a safe and secure environment for persons and property as well as the NASA Critical Infrastructure Information.

You have the right under 14 CFR §1206.700 to appeal this determination as it pertains to the release of records within 90 days from the date of this letter. Your appeal must be in writing and should be addressed to:

Administrator
NASA Headquarters
Executive Secretariat
MS 9R17
Washington, DC 20546
ATTN: FOIA Appeals

The appeal should be marked "Appeal under the Freedom of Information Act" both on the envelope and the face of the letter. A copy of your initial request must be enclosed along with a copy of the adverse determination and any other correspondence with the FOIA office. In order to expedite the appellate process and ensure full consideration of your appeal, your appeal should contain a brief statement of the reasons you believe this initial decision to be in error.

We understood your request to include a request for a fee waiver and to be placed in the news media category but you did not provide sufficient information to support either; therefore, your request was placed in the 'all other requesters' category for fee purposes. In this category, requesters are afforded two hours of search and 100 pages of copy/scan without charge. Fees for processing this request are less than $50.00 and are not being charged in accordance with 14 CFR §1206.504(f).

Since we were able to process your request for under our fee threshold, your requests for a fee waiver and placement in the news media category for this request is moot. Fee waivers and category of a requester is determined for each FOIA request on a case-by-case basis. For your information concerning future NASA FOIA requests, by providing a link to a web site as a source you may be implying that you expect NASA to assist in the research of your request or verify information you have provided. NASA FOIA office personnel do not go to web sites provided by requesters and NASA is not equipped or required to perform research on behalf of a requester or verify information in a request to determine what is being requested. If you would like NASA to know about the content of a web page, you must articulate about the content in your request. Additionally, we are not aware of any recent news or public interest regarding the subject of your request. You must provide samples of such to support your request for a fee waiver and news media status for future requests. According to DOJ FOIA Guidelines, and in accordance with OMB, the statutory definition of "news" is "information that is about current events or that would be of current interest to the public." You have not provided any information or articulated how the information is current news or of a public interest to substantiate your request for this fee category. If you assert that the intended article will be the first to reveal the information, this is not a basis to establish the information itself as current news or of a current public interest. In this instance, the public interest is not active or current, but rather a passive one; your intention by writing your article is to create an interest that may not currently exist.

While freelance writers can be considered for news media status, they are required to provide information to show an intent to publish by that media outlet. We are not required to go to links to confirm past publications; you must articulate your experience and affirm your publication with a media source. Again, past publication and/or media status granted for previous requests is not necessarily a blanket basis for media status for all requests. Therefore, you would likely have to provide evidence of the agreement you have with these media outlets with any future FOIA requests. Merely stating you are a staff reporter is not sufficient information for us to make a determination.

To assist you in the future, please see our FOIA regulations at the following website for more information and specific information relating to describing records sought, fees and requester category:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=97fb51c6e62b667333b7f1645d203f11&rgn=div5&view=text&node=14:5.0.1.1.8&idno=14

For your information, the Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001 or ogis@nara.gov<mailto:ogis@nara.gov>.

Please feel free to contact me at for further assistance in writing to this center at the address shown on the letterhead. You may also e-mail correspondence to jpl-foia@nasa.gov<mailto:jpl-foia@nasa.gov> or reach me by telephone at 818-393-6779 and fax at 818-393-3160. Also, you may contact Ms. Miriam Brown-Lam, Principal Agency FOIA Officer and Chief Public Liaison at 202-358-0718.

Sincerely,

//SIGNED ORIGINAL ATTACHED

Dennis B. Mahon

Freedom of Information Act

Public Liaison Officer

Enclosures:

NASA Contract NNN12AA01C

So we may improve our FOIA Program, please complete a short survey at the following web site:

http://www.hq.nasa.gov/office/pao/FOIA/jpl/foia_survey.htm

Dennis B. Mahon
Freedom of Information Act
Public Liaison Officer,
Records Manager,
Privacy Act Manager and
Audit Liaison Representative
National Aeronautics and Space Administration
Jet Propulsion Laboratory
Suite RA000
NASA Management Office
4800 Oak Grove Drive, MS 180-200K
Pasadena, CA 91109-8001
http://www.hq.nasa.gov/office/pao/FOIA/jpl/index.htm
Phone: (818) 393-6779
Fax: (818) 393-3160

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