Paid Leave materials provided to Rep. Issa and Sen. Grassley (Department of Defense, Office of the Secretary of Defense)

Mr. Michael Morisy
MuckRock News
Boston, MA

Sent by electronic mail to: requests@muckrock.com

Dear Mr. Morisy,

This is an interim response to your attached Freedom of Information Act (FOIA) request. Your request was received in this office on June 8, 2015 and assigned case number 15-F-1284. We ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA’s 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. However, your request has been tasked for search. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1470 open requests. Should you have any questions regarding the processing of your request, the action officer assigned to your request is Mr. Curtis Gibbens at 571-372-0412 or curtis.a.gibbens.civ@mail.mil.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when “disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public’s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criterion of a public interest fee waiver as described in the previous paragraph.

In further reference to fees, I have determined that your request should be placed in the “other” fee category. Accordingly, you are entitled to the first two hours of search time at no charge, and the first 100 pages of duplication free of charge. Subsequent processing will be assessed at the established Department of Defense (DoD) fee rates of: professional search time--$44 per hour; executive search time--$75 per hour; and document reproduction at $0.15 per page.

If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to the OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155; you may also submit your appeal electronically at the following link: http://pal.whs.mil/palMain.aspx. As appropriate, your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 15-F-1284, and should be clearly marked "Freedom of Information Act Appeal."
Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1506 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1468 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

September 16, 2015
Department of Defense, Office of the Secretary of Defense Office of the Secretary of Defense OSD/JS FOIA Requester Service Center Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

This is a follow up to request number 15-F-1284:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-F-1284.

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

---
On July 27, 2015:
Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1506 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

---
On July 17, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-F-1284.

Thank you for your help.

---
On June 17, 2015:
Mr. Michael Morisy
MuckRock News
Boston, MA

Sent by electronic mail to: requests@muckrock.com

Dear Mr. Morisy,

This is an interim response to your attached Freedom of Information Act (FOIA) request. Your request was received in this office on June 8, 2015 and assigned case number 15-F-1284. We ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA??s 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. However, your request has been tasked for search. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1470 open requests. Should you have any questions regarding the processing of your request, the action officer assigned to your request is Mr. Curtis Gibbens at 571-372-0412 or curtis.a.gibbens.civ@mail.mil.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when ??disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.?? 5 U.S.C. ?? 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public??s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criterion of a public interest fee waiver as described in the previous paragraph.

In further reference to fees, I have determined that your request should be placed in the ??other?? fee category. Accordingly, you are entitled to the first two hours of search time at no charge, and the first 100 pages of duplication free of charge. Subsequent processing will be assessed at the established Department of Defense (DoD) fee rates of: professional search time--$44 per hour; executive search time--$75 per hour; and document reproduction at $0.15 per page.

If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to the OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155; you may also submit your appeal electronically at the following link: Caution-pal.whs.mil/palMain.aspx. As appropriate, your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 15-F-1284, and should be clearly marked "Freedom of Information Act Appeal."
Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

---
On June 6, 2015:
To Whom It May Concern:

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

Communications between this agency and the offices of Sen. Chuck Grassley and Rep. Darell Issa regarding their office's queries on the use of paid leave by this agency, as well as any materials or presentations prepared for or provided to the offices of Grassley and Issa as part of this agency's response to their inquiries.

These queries are noted publicly here:

Caution-www.grassley.senate.gov/news/news-releases/grassley-issa-seek-agency-explanation-federal-workers-long-term-paid-leave

And the existence of responsive materials is noted publicly here:

???We???re still analyzing the responses but what we???re seeing so far causes concern,??? Grassley said in a statement Wednesday. ???The responding agencies spent tens of millions of dollars in one year alone to put employees on administrative leave for one month or more, often when administrative leave wasn???t the most appropriate action to take. Agencies need to do a better job of protecting the taxpayers from abusively long or inappropriate paid leave.???

As reported by the Washington Post here:

Caution-www.washingtonpost.com/blogs/federal-eye/wp/2014/10/22/paid-not-to-work-for-a-year-or-more-gop-lawmakers-ask-federal-agencies-why/

Grassley and Issa wrote to the Department of Health and Human Services; the Social Security Administration; the Treasury Department; the Department of Veterans Affairs; the Small Business Administration; the Agency for International Development; the Department of Housing and Urban Development; the Department of the Interior; the Environmental Protection Agency; the Department of Energy; the Department of Defense; the Department of Commerce; the Department of Agriculture; the National Aeronautics and Space Administration; the Office of Personnel Management; the Department of Transportation; and the Department of Homeland Security.

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 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,

Michael Morisy

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock
DEPT MR 18399
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,485 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,529 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,572 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,629 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,625 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,645 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,668 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,702 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Morisy,

This email is in response to your request for an update on the processing of your FOIA request, case number 15-F-1284. Please know that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

As previously noted, we have a large backlog, our current administrative workload is 1,695 open requests. Included among these open cases are requests which are less complex than others, such as your request. As the results for those less complex cases are provided to our office, we take those requests from that queue and complete our action on them, and then send them out to the requesters. This will be the way your request, too, will be handled.

We appreciate your patience and understanding in this matter.

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Good Afternoon, Mr. Morisy,

Our office continues to process your FOIA request, 13-F-1284. Our best estimate for completion of your request is August 31, 2016.

Please note that I am the new Action officer managing your request, so in the future you can contact me directly for updates. Thank you for your patience.

Very Respectfully,
Corynne

Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

Department of Defense
Office of Freedom of Information
1155 Defense Pentagon
Washington, D.C. 20301-1155

........................................................................................................
Please note that the Office of Government Information Services (OGIS) offers services to requesters who have disputes with Federal agencies. If you have concerns about the processing of your request, please contact OGIS at:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448

Mr. Morisy,

Please find attached our final response to your Freedom of Information Act (FOIA) request submitted June 7, 2015, and received June 8, 2015. If you have any questions, you may contact me, the action officer assigned your request, directly.

Thank You,
Corynne N. Gerow
OSD/JS FOIA Specialist
571.372.0410

Department of Defense
Office of Freedom of Information
1155 Defense Pentagon
Washington, D.C. 20301-1155

........................................................................................................
Please note that the Office of Government Information Services (OGIS) offers services to requesters who have disputes with Federal agencies. If you have concerns about the processing of your request, please contact OGIS at:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448