CBP 2007 UAS Mission Need Statement

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.

It is a clone of this request.

Status
Rejected

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:

The 2007 Unmanned Aerial System (UAS) Mission Need Statement.

This document has been identified in multiple reports filed by the DHS Office of the Inspector General, including statements submitted to Congressional committees. (See, for example: https://www.oig.dhs.gov/assets/TM/2015/OIGtm_JR_071415.pdf).

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 14, 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

Hello -

This request has not been acknowledged since its submission in August, per my records. Please advise immediately as to its status, and provide a tracking number.

Best,
Shawn Musgrave

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

From: Bureau of Customs and Border Protection

A letter stating that the request appeal has been rejected.

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