Talking Points on Syria/Iraq/ISIL

Dear Mr. Campbell,

This is an interim response to your attached Freedom of Information Act (FOIA) request, which was received in this office on September 14, 2014. Your request has been assigned case number 14-F-1443 and we ask that you use that number when referring to your request.

Currently your request is unperfected because a timeframe was not provided. In order for us to start processing your request, please provide a timeframe by September 26, 2014. If you do not reply by this time, I will assume you are no longer interested and administratively close your request.

Once we begin processing your request, please know that 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. 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 1554 open requests.

Sincerely,

Curtis Gibbens, FOIA Analyst
For Suzanne Council on behalf of
Paul Jacobsmeyer, Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
(571) 372-0412
curtis.a.gibbens.civ@mail.mil

Mr. Campbell,

Thank you for your response, your request has started processing.

Respectfully,

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

Mr. Campbell,

Your attached Freedom of Information Act (FOIA) request has started processing the date it was perfected with the timeframe on September 5, 2014.

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.

As previously stated, 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. 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 1554 open requests.

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. Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 14-F-1443, and should be clearly marked "Freedom of Information Act Appeal."

Sincerely,

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

Good Morning Mr. Campbell,

Please find attached your original request and a continued interest letter regarding FOIA request 14-F-1443

Respectfully,

Raymond Hartwick

Government Information Specialist

For Stephen Fisher, on behalf of

Stephanie L. Carr

Chief, Office of Freedom of Information

OSD/JS FOIA Requester Service Center

(571) 372-0432

Raymond.j.hartwick.civ@mail.mil

Let us know how we are doing: https://ice.disa.mil/index.cfm?fa=card&sp=125562

The request has been rejected by the agency.