Responses to Congressional Committees (Department of Defense, Office of the Secretary of Defense)

Michael Morisy filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 13-F-0783
Est. Completion None
Status
Payment Required

Communications

From: Michael Morisy

To Whom It May Concern:

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

A copy of all responses sent to Congressional committees between Jan.1, 2008 and the date that this request is processed. These communications are stored together and should be easily accessible.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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

From: OSD-JS FOIA Requester Service Center

Dear Mr. Morisy,

This email is regarding your Freedom of Information Act (FOIA) request below. It has been assigned case number 13-F-0783 and we ask that you use that number when referring to your request.

Please know that we cannot conduct a search by Congressional Committee. If you wish to process your request, please provide the names of Chairmen for each committee of interest. If you do not respond by May 17, 2013, I will assume you are no longer interested and administratively close your request.

Respectfully,

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 May 6, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Gibbens, Curtis A. CIV WHS-ESD

Dear Mr. Morisly,

Your request below is assigned case 13-F-0783. The attached email dated May 8, 2013 addressed your request, which was closed May 20, due to a lack of response. If you provide specific committee chairmen, I will amend your request.

In addition, your similar request regarding DARPA has also been attached. We need the same information. It will be closed June 10, 2013, but again, if you provide names, it can be amended.

Please contact me if you have any questions.

From: Michael Morisy

Thanks for your help. I would like to resubmit this request for congressional communications with the following:

Ander Crenshaw (FL)
Andre Carson, Indiana
Bill Shuster, Pennsylvania
Blake Farenthold (TX)
Bruce Braley (IA)
C. W. Bill Young (FL), Chairman
Chris Gibson, New York
Chris Murphy, Connecticut
Dan Buron (IN)
Dan Maffei, New York
Derek Kilmer, Washington
Duncan D. Hunter, California
Gerry Connolly, Virginia, Ranking Member
Hank Johnson, Georgia
Jack Kingston (GA)
James Langevin, Rhode Island, Ranking Member
James Lankford, Oklahoma, Chairman
James Moran (VA)
Jason Chaffetz, Utah
Jeff Miller, Florida
Jo Bonner (AL)
Joaquin Castro, Texas
Joe Heck, Nevada
John Kline, Minnesota
John Mica (FL
John Tierney (MA), Ranking Member
John Yarmuth (KY)
Kay Granger (TX)
Ken Calvert (CA)
Mac Thornberry, Texas, Chairman
Marcy Kaptur (OH)
Maurice Hinchey (NY)
Michael Turner (OH)
Mike Kelly, Pennsylvania, Vice Chair
Mike Quigley (IL)
Norm Dicks (WA), Ranking Member
Pat Meehan, Pennsylvania
Paul Gosar (AZ)
Paul Labrador (ID), Vice Chairman
Peter Visclosky (IN)
Peter Welch (VT)
Raul Labrador, Idaho
Rich Nugent, Florida
Rodney Frelinghuysen (NJ)
Scott Peters, California
Stephen Lynch, Massachusetts
Steven Rothman (NJ)
Susan A. Davis, California
Tim Walberg, Michigan
Todd Platts (PA)
Tom Cole (OK)
Trent Franks, Arizona
Vicky Hartzler, Missouri

Let me know if that satisfies

From: Michael Morisy

This communication is regarding 13-F-0783. Please pardon our error. Our system generated multiple identical requests. If you would be so kind as to direct all future communications regarding 13-F-0783 to the email address that this communication came from I would very much appreciate it.

Thank you,

From: Gibbens, Curtis A. CIV WHS-ESD

Dear Mr. Morisy,

The Congressional correspondence logs for the Office of the Secretary of Defense (OSD) are posted on our website and currently cover January 2007 - March 2011. Please take a look at that information and submit a new FOIA request for specific correspondence document(s) of interest by citing the OSD control number and subject. The link to our reading room is provided below.

http://www.dod.gov/pubs/foi/administration_and_Management/congressional/

Currently there are other FOIA requests for logs covering the timeframe after March 2011. The logs once reviewed and approved for release will be posted in our reading room. We hope to have these logs posted before the end of the year. You may access and submit a separate FOIA request for the documents of interest in that timeframe.

Because of the many frequent requests for Congressional correspondence logs, we have been proactive in placing the logs on our Reading Room to provide a more timely response. A significant amount of time can be saved by eliminating the search and review of documents that are of no interest, and process the specific documents of most interest to you.

From: Gibbens, Curtis A. CIV WHS-ESD

Dear Mr. Morisy,

After discussion, your request has been amended and currently in the search process. Because of the amount of names you provided, the search process will be longer than our average search, which could be very costly because your request has been placed in the "other" category.

Our suggestion, as stated before, you may find it more helpful if you to conduct your own search on the Congressional correspondence logs located in our reading room. Currently the logs cover January 2007 - March 2011. By conducting your own search, you may submit a new FOIA request for the specific correspondence document(s) of interest by citing the OSD control number and subject. The link to our reading room is provided below:

http://www.dod.mil/pubs/foi/foiaLibrary.html

The purpose of this suggestion is that a significant amount of time and cost can be saved by eliminating the search and review of documents that are of no interest, and process the specific documents of most interest to you. Please note that your request has been amended, so this is only a suggestion.

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.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 13-F-083, and should be clearly marked "Freedom of Information Act Appeal."

From: Gibbens, Curtis A. CIV WHS-ESD

Dear Mr. Morisy,

After discussion, your request has been amended and currently in the search process. Because of the amount of names you provided, the search process will be longer than our average search, which could be very costly because your request has been placed in the "other" category.

Our suggestion, as stated before, you may find it more helpful if you to conduct your own search on the Congressional correspondence logs located in our reading room. Currently the logs cover January 2007 - March 2011. By conducting your own search, you may submit a new FOIA request for the specific correspondence document(s) of interest by citing the OSD control number and subject. The link to our reading room is provided below:

http://www.dod.mil/pubs/foi/foiaLibrary.html

The purpose of this suggestion is that a significant amount of time and cost can be saved by eliminating the search and review of documents that are of no interest, and process the specific documents of most interest to you. Please note that your request has been amended, so this is only a suggestion.

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.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 13-F-083, and should be clearly marked "Freedom of Information Act Appeal."

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Mr. Morisy,

Because we did not hear from you since our last email to you, we went forward with search for records. This search produced over 1,600 documents. Many of the documents are nonresponsive and further search to find responsive documents is estimated at 24 hours. Because your fee category is "Other", you were not charged for the first two hours of search. At FOIA fees of $44 per hour, we estimate that the cost to finish this project may approximate $1,056.00. Therefore, before we proceed with further search, we need your willingness to pay the estimated cost. If we do not hear from you by November 26, 2013, we will assume you are no longer interested and your request will be administratively closed.

Respectfully,

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

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