U.S. Innovation And Competition Act Passed In Senate Giving $52 Billion USD Subsidies To Semiconductors (Office of Science and Technology Policy (Executive Office of the President))

Syed Muhammad Usman Pirzada filed this request with the Office of Science and Technology Policy (Executive Office of the President) of the United States of America.
Multi Request U.S. Innovation And Competition Act Passed In Senate Giving $52 Billion USD Subsidies To Semiconductors
Submitted June 13, 2021
Est. Completion None
Status
Fix Required

Communications

From: Syed Muhammad Usman Pirzada

Subject: Freedom of Information Act Request: U.S. Innovation And Competition Act Passed In Senate Giving $52 Billion USD Subsidies To Semiconductors (Office of Science and Technology Policy (Executive Office of the President))

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To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Reference to the bill by the White House: https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/08/statement-of-president-joe-biden-on-senate-passage-of-the-u-s-innovation-and-competition-act/

Hi there, please provide:
1. A copy of the complete text of the bill
2. Whether subsidies have yet been approved and what are the timelines?
3. Whether Intel Inc. is getting any subsidies, and if so, how many, and whether any subsidies for this company are in the pipeline?
4. Whether NVIDIA Corporation is getting any subsidies, and if so, how many, and whether any subsidies for this company are in the pipeline?
5. Whether AMD (Advanced Micro Devices) is getting any subsidies, and if so, how many, and whether any subsidies for this company are in the pipeline?
6. Whether TSMC is getting any subsidies, and if so, how many, and whether any subsidies for this company are in the pipeline?
7. Whether GloFo (Global Foundries) is getting any subsidies, and if so, how many, and whether any subsidies for this company are in the pipeline?
8. Breakdown of the $52 billion (which companies/timeline) in subsidies approved by the U.S Senate.

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 there are fees, 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,

Syed Muhammad Usman Pirzada

From: Office of Science and Technology Policy (Executive Office of the President)

Subject: RE: [EXTERNAL] Freedom of Information Act Request: U.S. Innovation And Competition Act Passed In Senate Giving $52 Billion USD Subsidies To Semiconductors (Office of Science and Technology Policy (Executive Office of the President))

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Dear Syed,

Thank you for submitting the request below. Unfortunately, it cannot be processed for the following reasons: Item 1 is misdirected to our Office. While OSTP is a component of the Executive Office of the President (hereafter "EOP)," it is not the White House Office (hereinafter "WHO"). The WHO is a separate component of the EOP. OSTP does not process FOIA requests for the WHO.

OSTP advises on the effects of science and technology on domestic and international affairs. The request under consideration does not deal with subject matter(s) within OSTP's purview.

Additionally, items 2 through 8 are not permissible-even one were to assume arguendo that the subject matters were within OSTP's purview-because they would require OSTP to create new records (note: FOIA only requires us to produce records already in existence at the time of the request) or answer questions disguised as FOIA requests (FOIA does not require us to provide answers to questions asked in a request). Neither is permissible under the FOIA. The "FOIA imposes no duty on [an] agency to create [new] records," Forsham v. Harris, 445 U.S. 169, 186, 100 S. Ct. 977, 63 L. Ed. 2d 293 (1980) (citing NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 161-62, 95 S. Ct. 1504, 44 L. Ed. 2d 29 (1975)), nor to "answer questions disguised as a FOIA request," Hudgins v. IRS, 620 F. Supp. 19, 21 (D.D.C. 1985) (citing Di Viaio v. Kelley, 571 F.2d 538, 542 (10th Cir. 1978)), aff'd, 808 F.2d 137, 257 U.S. App. D.C. 242 (D.C. Cir. 1987).

Therefore, OSTP FOIA is unable to process your request.

Accordingly, OSTP considers this matter closed.

Pursuant to the FOIA and OSTP regulations, a requester may submit a written appeal contesting any adverse determination. Any appeal related to OSTP's processing of the requested records must either be sent: 1) via e-mail to OSTPFOIA@ostp.eop.gov; or 2) by mail to Chief FOIA Officer, Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Ave., NW., Washington, DC 20504. In the appeal letter, please reference OSTP Control Number: 21-095, the records requested, and the basis for the appeal. Any appeal must be sent to one of the above listed addresses no later than ninety (90) calendar days of the date of this letter.

Finally, requesters also have the right to seek dispute resolution services from OSTP's FOIA Public Liaison or the Office of Government Information Services (hereafter "OGIS"). To employ these services, please contact Nicholas Wittenberg via telephone at (202) 456-4444 or by way of e-mail at OSTPFOIA@ostp.eop.gov. If you would prefer to contact OGIS, you may do so in any of the following ways:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphia Road-OGIS
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Telephone: (202) 741-5770
Fax: (202) 741-5769
Toll-free: 1 (877) 684-6448
Regards,

OSTP FOIA.

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