ReportFoundLost

Martin Peck filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 16-F-0077
Status
Rejected

Communications

From: Martin Peck

To Whom It May Concern:

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

Count of final/accepted "Report of Findings" of type "In-place Monitoring Inspection Reports", also referred to as "Zealous Shield" RF Spectrum monitoring, as prepared by or on behalf of the Counterintelligence (CI) Directorate within the Pentagon Force Protection Agency.

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, DVD-R, or BD-R 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,

Martin Peck

From: Williams, Reynaldo I CIV (US)

Mr. Martin Peck
MuckRock
DEPT MR 21929
PO Box 55819
Boston, MA 02205-5819

Sent electronic mail to: requests@muckrock.com

Dear Mr. Peck:

This is an interim response to your attached October 20, 2015 Freedom of Information Act (FOIA) request for "Count of final /accepted 'Report of findings' of type 'In-place monitoring Inspection Reports', also referred to as 'Zealous Shield' RF Spectrum monitoring, as prepared by or on behalf of the Counterintelligence (CI) Directorate within the Pentagon Force Protection Agency." Your request was received in this office on October 20, 2015 and assigned FOIA case number 16-F-0077. We ask that you use this number when referring to your request.

You should know that although we have already begun processing your request, we will not be able to respond to your request within the FOIA's 20-day statutory time period as there are unusual circumstances which impact our ability to quickly process your request. 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 1,497 open requests. We regret the anticipated delay in responding to your request and we appreciate your patience.

In your FOIA request, you asked for a waiver of assessable fees. Please be aware that decisions to waive or reduce fees are made on a case-by-case basis and we will make a determination in regards to your fee waiver request at the conclusion of the search and assessment of responsive records, should they exist. For fee purposes, we determined that you should be placed in the "Other" fee category for the processing of your FOIA request which affords you two hours of search time and 100 pages of duplication free of charge should we deny your request for a fee waiver.

If you have any questions, please contact the Action Officer assigned to your request, Reynaldo Williams, at reynaldo.i.williams.civ@mail.mil or (571) 372-0439.

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 Freedom of Information Division, 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. Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 16-F-0077 and should be clearly marked "Freedom of Information Act Appeal."

Sincerely,

Reynaldo I. L. Williams, Government Information Specialist
For Adrienne Santos on behalf of
Stephanie L. Carr Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0439

From: Martin Peck

Thank you for letting my know that my request is being processed. I also appreciate the advance notice of additional time required to process this request. I look forward to additional details once you have them. Thank you!

From: Williams, Reynaldo I CIV (US)

Dear Mr. Peck,

This email is in response to your request for an update on the processing of your FOIA request, case number 16-F-0077. 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.

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.

Respectfully,

Reynaldo I. L. Williams, Government Information Specialist
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0439

NIPR: reynaldo.i.williams.civ@mail.mil
SIPR: reynaldo.i.williams.civ@mail.smil.mil

From: Parker, Patrice E CIV WHS ESD (US)

Martin Peck
MuckRock
DEPT MR 21929
PO Box 55819
Boston, MA 02205-5819

Sent electronically to: requests@muckrock.com

Dear Mr. Peck:

This is the final response to your enclosed October 20, 2015, Freedom of Information Act (FOIA) request for the "[c]ount of final/accepted 'Report of Findings' of type 'In-place Monitoring Inspection Reports,' also referred to as 'Zealous Shield' RF Spectrum monitoring, as prepared by or on behalf of Counterintelligence (CI) Directorate with the Pentagon Force Protection Agency." Your request was received in this office on October 21, 2015, and assigned FOIA case number 16-F-0077. We ask that you use this number when referring to your request.

The Pentagon Force Protection Agency (PFPA), a component of the Office of the Secretary of Defense (OSD), conducted a search of their records systems. Jacqueline C. Yost, Director, Communications Office and an Initial Denial Authority for PFPA, advised that the information you request is exempt from release in its entirety pursuant to 5 U.S.C. ยง 552 (b)(1), which pertains to information that is currently and properly classified in the interest of national security pursuant to Executive Order 13526, as amended, applying Section 1.4 (c) concerning the protection of Intelligence activities (including covert action), intelligence sources or methods, or cryptology; and 1.4 (g) concerning the protection of records concerning vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security.

This action closes your request in this office and there are no assessable fees for the processing of your request in this instance. If you are not satisfied with this action, you have the right to appeal to the appellate authority, Ms. Joo Chung, Director of Oversight and Compliance, Office of the Secretary of Defense, by writing directly to ODCMO Directorate for Oversight and Compliance, 4800 Mark Center Drive, ATTN: DPCLTD, FOIA Appeals, Mailbox# 24, Alexandria, VA 22350-1700. Your appeal must be postmarked within 60 calendar days of the date of this response. Alternatively, you may use the OSD FOIA request portal at http://pal.whs.mil/palMain.aspx or email your appeal to OSD.FOIAPolicy@mail.mil. If you use email, please include the words "FOIA Appeal" in the subject of the email. Please also reference case number 16-F-0077 in any appeal correspondence.

Thank you,

Patrice E. Parker
Government Information Specialist
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Office
patrice.e.parker.civ@mail.mil

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