|Multi Request||Inspector General closed cases 2014|
|Submitted||Nov. 11, 2019|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
a copy of the list or printout or database listing of Inspector General investigations closed/reports completed during calendar year 2014. If the list is organized by FY rather than calendar year, the FY 2014 list is sufficient for this request. If no central list or database exists, then I request copies of the cover sheet or first page of each IG report completed during calendar year 2014.
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.
c/o MuckRock News
Dept MR 74288
411A Highland Ave
Somerville, MA 02144-2516
Re: Freedom of Information Act (FOIA) Request #20-OIG-F-00106/2020-04
Dear Ms. Best:
The NASA Office of Inspector General (OIG) is in receipt of your November 12, 2019, Freedom of Information Act (FOIA) request in which you asked for the following records:
"a copy of the list or printout or database listing of Inspector General investigations closed/reports completed during calendar year 2014. If the list is organized by FY rather than calendar year, the FY 2014 list is sufficient for this request. If no central list or database exists, then I request copies of the cover sheet or first page of each IG report completed during calendar year 2014.”
We have logged your request as FOIA request # 20-OIG-F-00106/2020-04. Please reference this tracking number in all correspondence.
Fee Category and Estimate. Please be advised that your request has been placed in the “all others” fee category. See 14 C.F.R. 1206.507 (c) (4). In recent separate requests you have sought the same type of information sequentially for years 2018, 2017, 2016 and 2015. Thus, it would appear that you are dividing your request into a series of requests to avoid payment of fees. In these circumstances, under FOIA case law, an agency may aggregate its fees and charge accordingly. As an “all others” requester, you are permitted only the first two hours of search time without charge. See 14 C.F.R. 1206.507 (b). Two hours of search time has already been exhausted in processing your prior requests. Going forward, we will charge for search time for this request and future requests of a similar nature, as well as duplication fees should the cumulative pages exceed 100 pages.
Because you requested to be advised if fees would be charged, this is to notify you that the estimated fees for searching for the requested records is $67.30. This does not include potential duplication costs, but we do not believe that the cumulative number of pages will exceed 100 pages. Upon your written confirmation and agreement to pay $67.30, we will begin processing your request. Subsequently, in accordance with 14 C.F.R. 1206.504(f), the documents will be retained by NASA OIG until payment is received.
10-day Extension. Although NASA’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period under 5 U.S.C. § 552(a)(6)(B) for unusual circumstances. Because of the complexity of your request, NASA Office of Inspector General hereby invokes this 10-day extension for your request, upon your agreement to pay the above-mentioned fees. See 14 C.F.R. § 1206.400(b)(2).
For further assistance and to discuss any aspect of your request you may contact our FOIA Public Liaison, Francis P. LaRocca at 202-358-2575. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at email@example.com<mailto:firstname.lastname@example.org>; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at
Important: Please note that contacting any agency official and/or OGIS is not an alternative to filing an administrative appeal and does not stop the processing clock. If you have further questions, please feel free to contact us at email@example.com<mailto:firstname.lastname@example.org>.
NASA OIG FOIA Office
Attached is a follow up letter to our earlier correspondence to you dated November 19, 2019 regarding this FOIA request. This letter is also being sent to you via U.S. mail.
NASA FOIA Office
I am appealing the fee determination in its entirety, as NASA has acknowledged my media status in the past, which is also continuously acknowledged by FBI, DOJ, CIA, NSA, DIA and numerous other federal agencies – and as has been repeatedly affirmed in cases brought to court. Further, per the statutes and case law, the reasons cited for denying the request are irrelevant. To quote my original request,
"Further, case law states that “proof of the ability to disseminate the released information
to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of
Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.
3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also
had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States
foreign and national security policy." Under this criteria, as well, I qualify as a member of
the news media.
"Additionally, courts have held that the news media status "focuses on the nature of the
requester, not its request. The provision requires that the request be “made by” a
representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for
example, is a representative of the news media regardless of how much interest there is
in the story for which he or she is requesting information." As such, the details of the
request itself are moot for the purposes of determining the appropriate fee category. "
Further, I am well known for writing hundreds of articles based on FOIA documents and conducting long-term analysis of government documents. This request is part of a larger research project and is being used to help identify specific records of interest.