Responses to Congressional Committees (USNORTHCOM)

Michael Morisy filed this request with the USNORTHCOM - US Northern Command of the United States of America.
Tracking # FY13-06MAY2013-NNC49
Est. Completion None
Status
Fix 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: USNORTHCOM FOIA Officer - OMB

Classification: UNCLASSIFIED

6 May 2013

Mr. Morisy,

We have received your request regarding responses USNORTHCOM has sent to Congressional committees between Jan 1, 2008 and today's date. Your case has been assigned USNORTHCOM FOIA Case number: FY13-06MAY2013-NNC49.

In accordance with the Department of Defense Freedom of Information Act Program, DoD 5400.7-R and United States Code, Title 5, Section 552 (a)(4)(a)(vi), we are processing your request for a fee waiver for the subject request.

(1) Please provide justification supporting your fee waiver request:

(a) How do the records concern the operations or activities of the government?

(b) Given the records concern the operations or activities of the government, how will disclosure likely contribute to public understanding of these operations and activities?

(c) If there is likely to be a contribution to public understanding, will release of the requested records contribute significantly to public understanding?

(d) Would disclosure be primarily in your commercial interest?

(e) Do you have the ability and intention to disseminate the information to the general public or a reasonably broad audience of persons interested in the subject?

(f) How and to whom do you intend to disseminate the information?

(g) How do you plan to use the information to contribute to public understanding of the Government's operations or activities?

(2) Based on the information below we have categorized your fee category as "All Others" where the requester should indicate a willingness to pay assessable search and duplication costs if more than 2 hours of search or 100 pages of records are required.

Please provide a waiver response prior to 10 May 13 or we will continue to process your request with no fee waiver.

Attached is our letter of acknowledgment of your request. Please acknowledge receipt.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: Michael Morisy

We have received your acknowledgement letter.

Thank you.

From: USNORTHCOM FOIA Officer - OMB

Classification: UNCLASSIFIED

3 June 2013

Mr. Morisy,

Attached is USNORTHCOM final response to the subject request assigned USNORTHCOM FOIA Case number: FY13-06MAY2013-NNC49. There is a total of six (6) pages.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

From: Michael Morisy

Thank you for providing the below documents -!;my apologies for the delayed response. The fee calculation was misfiled and it is just now coming to my attention.

In your fee estimate, you classify me as an "all other" requester. As stated in my original letter, I am a media requester. I work full time writing and reporting for a variety of publications in a purely editorial capacity, and this request is made as part of my editorial capacity.

Please re-classify me as such and recalculate fees accordingly.

I understand that the typical window for an appeal has passed, but in my original request, I specifically asked for a fee estimate if fees were not waived. Charging me without a payment agreement in advance is counter to any number of aspects of contract law as well as FOiA regulations.

I'm traveling today through Tuesday, but would like to resolve this issue in a timely manner, and am available by phone at 857-488-3081.

- Michael

From: USNORTHCOM FOIA Officer - OMB

Classification: UNCLASSIFIED

3 Sep 13

Mr. Morisy,

Per our original response sent 3 Jun 13, you may appeal USNORTHCOM's response, in writing, within 30 calendar days of receipt of the response.

Appeals may be submitted to:
Mr. Jim Hogan
Chief, Policy, Appeals, and Litigation Branch Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

I don't know what course of action the appellate authority will take given the 30 calendar days has passed after receipt of the response.

USNORTHCOM can take no further action regarding the subject request FY13-06MAY2013-NNC49 except process payment of fees.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff

From: Michael Morisy

Dear Mr. Hogan,

I would like to appeal the below request, FY13-06MAY2013-NNC49. In this request, I specifically asked in advanced for fees to be specified if they could not be waived; however, the FOIA office responded with the documents and a fee assessment without my consent and has begun closing out not only my own request but other, unrelated requests filed by other members of the public through MuckRock.com.

I first appeal this fee estimate. I specifically stated that I would like a fee estimate before any fees are assessed, and did not agree, implicitly or explicitly, to any assigned fees if fees were not waived.

I also specifically stated that this request was made “in the process of news gathering.” I am employed, full time, as a member of the media. This request was filed as part of the newsgathering process and as part of a broad look at issues Congress has looked in to throughout the federal government.

But even if that point were debatable, the process of construing an explicit request for a fee estimate before assessing fees as an agreement to pay fees is contrary not only to the spirit and letter of FOIA, but also the essence of contract law.

More immediately, I also ask that the other unrelated requests filed through MuckRock be reinstated in their appropriate place in the FOIA processing queue; I can see no reasonable argument for why they are being withdrawn.

Thank you for your help.

From: USNORTHCOM - US Northern Command

A letter stating that the request appeal has been succesful.

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. You had assigned it reference number #FY13-06MAY2013-NNC49.

Thank you for your help.

From: USNORTHCOM FOIA Officer - OMB

Classification: UNCLASSIFIED

30 October 2013

Mr. Morisy,

A response to the subject request FY13-06MAY2013-NNC49 was provided on 6 Jun 13 containing 6 pages. I have reattached our response.

The fee assessment that you appealed was approved by our appellate authority and you should have received a formal response approximately 27 Sep 13 from the appellate authority, Mr. Jim Hogan, stating your appeal was approved. Fees that we were showing as owed for processing request FY13-06MAY2013-NNC49 were removed once we received notification from our appellate authority (approximately 15 Oct 13).

There were no other requests submitted by you that were closed due to non-payment of request FY13-06MAY2013-NNC49. In addition, there were no requests submitted or pending by any submitter on behalf of MuckRock News that were closed or pending due to non-payment of request FY13-06MAY2013-NNC49.

Please advise if there is a different response you are awaiting.

Kris

KRISTINA L. ROTH, Civ, DAFC
Chief, FOIA and Privacy Act Requester Service Center NORAD and USNORTHCOM Chief of Staff
250 Vandenberg St, Ste B016
Peterson AFB, CO 80914-3817
Coml (719) 554-7185 / DSN 692-7185

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