ANNUAL FREEDOM OF INFORMATION ACT REPORTAGENCY REPORTING:National Aeronautics and Space Administration (NASA)REPORT FOR FISCAL YEAR2009SECTION I – BASIC INFORMATION REGARDING REPORTPERSON(S) TO CONTACT WHO CAN ANSWER QUESTIONS ABOUT THE REPORT:NAME:Mr. Stephen McConnellTITLE:NASA FOIA Officer and Chief Public Liaison OfficerADDRESS:300 E Street, SW Attn: FOIA Office, Suite 5L19 Washington, DC 30905TELEPHONE NUMBER:(877) 627-FOIAEMAIL ADDRESS:nasafoia@nasa.gov PROVIDE AN ELECTRONIC LINK FOR ACCESS TO THE REPORT ON THE AGENCY WEB SITE: www.nasa.gov/FOIAEXPLAIN HOW TO OBTAIN A COPY OF THE REPORT IN PAPER FORM: National Aeronautics and Space Administration300 E Street, SWAttention: FOIA Office, Suite 5L19Washington, DC 30905SECTION II – MAKING A FOIA REQUESTALL AGENCY COMPONENTS THAT RECEIVE FOIA REQUESTS:SUBCOMPONENT/COMPONENT OR AGENCY:NASA HeadquartersAmes Research CenterDryden Flight Research CenterGlenn Research CenterGoddard Space Flight CenterJohnson Space CenterKennedy Space CenterLangley Research CenterMarshall Space Flight CenterNASA Management Office - Jet Propulsion Laboratory NASA Shared Services CenterOffice of the Inspector GeneralStennis Space CenterADDRESS:NASA Headquarters, 300 E Street, SW, Suite 5L32, Washington, DC 20549Ames Research Center, Mail Stop 943-4, Moffett Field, CA 94035Dryden Flight Research Center, Post Office Box 273, Edwards, CA 93523Glenn Research Center, 21000 Brookpark Road, Cleveland, OH 44135Goddard Space Flight Center, Greenbelt, MD 20771Johnson Space Center, Houston, TX 77058Kennedy Space Center, Kennedy Space Center, FL 32899Langley Research Center, Hampton, VA 23681Marshall Space Flight Center, Huntsville, AL 35812NASA JPL, 4800 Oak Grove Drive, Pasadena, CA 91109NASA Shared Service Center, Bldg 5100, Stennis Space Center, MS 39529NASA Headquarters, Office of the Inspector General, Suite , Washington, DC 20549Stennis Space Center, Bldg 5100, Stennis Space Center, MS 39529TELEPHONE NUMBER202.358.2265650.604.3273661.276.2704216.433.2813301.286.4721281.483.8612321.867.9280757.864.2497256.544.1837818.393.6779228.813.6174202.358.2582228.688.2118PROVIDE A BRIEF DESCRIPTION OF WHY SOME REQUESTS ARE NOT GRANTED AND AN OVERVIEW OR CERTAIN CATEGORIES OF THE AGENCY’S RECORDS TO WHICH THE EXEMPTIONS APPLY:Most of the denials part based on exempted material requested. Others were based on no information was found responsive to the request, while others withdrew their request after finding the information electronically. Some of the requests were not agency records and we either forwarded the request to the responsive agency or referred the requester to the responsive agency.SECTION III – ACRONYMS, DEFINITIONS AND EXEMPTIONSAgency-specific acronyms or other terms:NASA - National Aeronautics and Space Administration ARC - Ames Research Center DFRC - Dryden Flight Research Center GRC - Glenn Research Center GSFC - Goddard Space Flight Center HQ - Headquarters JPL – Jet Propulsion Laboratory JSC - Johnson Space Flight Center KSC - Kennedy Space Flight Center LaRC - Langley Research Center MSFC - Marshall Space Flight Center NSSC - NASA Shared Service Center SSC - Stennis Space Center OIG - Office of the Inspector General: (Initial Requests, Appeals and Litigation) OGC - Office of General Counsel (International Law Division): (Appeals and Litigation Only) Basic terms, expressed in common terminology: Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a full denial or partial denial of access to records under the Freedom of Information Act, or any other FOIA determination such as a matter pertaining to fees.Average number – the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response.Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, with the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual Report data for both the agency overall and for each principal component of the agency.Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwards it. That agency, in turn, will then respond to the FOIA requester.Exemption 3 statute – a separate federal statute prohibiting the disclosure of a certain type of information and authorizing its withholding under FOIA subsection (b)(3). FOIA Request – a FOIA request is generally a request for access to records concerning a third party, an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e. “first party” requests), when those requesters are not subject to the Privacy Act, such as a non-U.S. citizen. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act ‘systems of records’ or where a Privacy Act exemption applies, and the agency looks to FOIA to afford A Privacy Act request is a request for records concerning one self; such requests are also treated as FOIA requests. (All requests for access to records, regardless of which law is cited by the requester, are included in this report.) Full Grant – an agency decision to disclose all records in full in response to a FOIA request Full Denial – an agency decision not to release any part of a record or records in response to a FOIA request because all the information in the requested records is determined by the agency to be exempt under one or more of the FOIA's exemptions, or for some procedural reason (such as because no record is located in response to a FOIA request). Initial Request – a request to a federal agency for access to records under the Freedom of Information Act. Median number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. Multi-track processing – a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests in each track are processed on a first-in/first out basis. A requester who has an urgent need for records may request expedited processing (see below). Expedited processing – an agency will process a FOIA request on an expedited basis when a requester has shown an exceptional need or urgency for the records which warrants prioritization of his or her request over other requests that were made earlier. Simple request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the volume and/or simplicity of records requested. Complex request – a FOIA request that an agency using multi-track processing places in a slower track based on the volume and/or complexity of records requested. Partial Grant/Partial Denial – an agency decision to disclose a record in part in response to a FOIA request, deleting information determined to be exempt under one or more of the FOIA's exemptions; or a decision to disclose some records in their entireties, but to withhold others in whole or in part. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects.Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals.Time limits – the time period in the Freedom of Information Act for an agency to respond to a FOIA request (ordinarily 20 working days from proper receipt of a "perfected" FOIA request). "Perfected" request – a FOIA request for records that adequately describes the records sought, which has been received by the FOIA office of the agency or agency component in possession of the records, and for which there is no remaining question about the payment of applicable fees. FOIA exemptions – Exemption 1: classified national defense and foreign relations information Exemption 2: internal agency rules and practices Exemption 3: information that is prohibited from disclosure by another federal law Exemption 4: trade secrets and other confidential business information Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges Exemption 6: information involving matters of personal privacy Exemption 7: records or information compiled for law enforcement purposes, to the extent that the production of those records; (a) could reasonably be expected to interfere with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the identity of a confidential source, (e) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, (f) could reasonably be expected to endanger the life or physical safety of any individual. Exemption 8: information relating to the supervision of financial institutions Exemption 9: geological information on wells SECTION IV – EXEMPTION 3 STATUTESSTATUTETYPE OF INFORMATIONCASE CITATIOINNO. OF TIMES RELIED UPON10 USC 2305(g)22 USC 275141 USC 423Procurement, unsuccessful proposals for competitive procurements and those portions of successful proposals that were not incorporated into the contracts. Technical data withheld according to regulations establishing lists or categories of technical data that may not be exported, under the Arms Export Control Act. Performance evaluations compiled by the procurement office are used in source selection activities covered by the Procurement Integrity Act and are considered sensitive. NoneNoneNone12157SECTION V – FOIA REQUESTSRECEIVED, PROCESSED AND PENDING FOIA REQUESTS:NUMBER OF REQUESTS PENDING AS OF END OF FY08:ARCDFRCGRCGSFCHQJPLJSCKSCLaRCMSFCNSSCSSCOIGNASA42173221025*5*3*44*1008378*NUMBER OF REQUESTS RECEIVED IN FY09:ARCDFRCGRCGSFCHQJPLJSCKSCLaRCMSFCNSSCSSCOIGNASA91184916918545259135591341823411226NUMBER OF REQUESTS PROCESSED IN FY09: ARCDFRCGRCGSFCHQJPLJSCKSCLaRCMSFCNSSCSSCOIGNASA11515468820067261133331311823431173NUMBER OF REQUESTS PENDING AS OF END OF FY09:ARCDFRCGRCGSFCHQJPLJSCKSCLaRCMSFCNSSCSSCOIGNASA18410113195335704006431*Reflects an adjustment number from what was previously reported in FY08. DISPOSITION OF FOIA REQUESTS:All Processed Requests: Provide the number of request dispositions as described below. (1)(2)(3)(4) NUMBER OF FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS(5)NUMBER OF FULL GRANTSNUMBER OF PARTIAL GRANTS / PARTIAL DENIALSNUMBER OF FULL DENIALS BASED ON EXEMPTIONSa.NO RECORDSb.ALL RECORDS REFERRED TO ANOTHER AGENCYc.REQUEST WITHDRAWNd.FEE RELATED REASONe.RECORDS NOT REASONABLY DESCRIBEDf.IMPROPER FOIA REQUEST FOR OTHER REASONg.AGENCY RECORDh.DUPLICATE REQUEST i.OTHER(Explain in B.2 below)TOTALNASA3583396613312255272412317171173ARC14773349020030115DFRC65030001000015GRC1221054300001046GSFC2813312141500201088HQ51396293577142190200JPL14184147720100067JSC1353416282251230123261KSC213023131936160011133LaRC67079300100033MSFC555351041000111131NSSC91033101000018SSC317000102000023OIG424661000000243Other Reasons for “Full Denials Based on Reasons Other than Exemptions”. DESCRIPTION OF “OTHER” REASONS FOR DENIALSNO. OF TIMESMSFC – Request was place in abeyance for clarification and narrowing of the scope; no response from the requester after 30 days and was closed.KSC – Records were in the ‘public domain’ and handled outside the FOIA.KSC – Questions posed as a FOIA request.JSC – No information provided.OIG – Administratively closed on the failure to provide a notarized signature/proof of identify for first/third party requests.17432TOTAL: 17Number of Times Exemptions Applied.b1b2b3b4b5 b6b7(a)b7(b)b7(c)b7(d)b7(e)b7(f)b8b9NASA0413424874861003882000ARC00066251500110000DFRC00140000000000GRC021200100000000GSFC002100520000000HQ04012181400000000JPL01111133900000000JSC058268500010000KSC05529116001600000LaRC00040100000000MSFC036489100100000NSSC00010000000000SSC0001301000000000OIG01102109802162000SECTION VI – ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTSRECEIVED, PROCESSED AND PENDING ADMINISTRATIVE APPEALS.Provide the number of administrative appeals received, processed, and pending as described in columns 1 through 4. The sum of column 1 and 2 minus the number in column 3 must equal the number in column 4. Starting with Fiscal Year 2009, the number in column 1 must match the number of “Appeals Pending as of End of Fiscal Year” from the previous year’s Annual FOIA Report.DISPOSITION OF ADMINISTRATIVE APPEALS – ALL PROCESSED APPEALS.Provide the number of administrative appeal adjudications as described in the column below. The number in the “Total” column must match the number in Section VI.A., column 3. In column 4, report the number of appeals which neither affirmed nor reversed/remanded the FOIA request determination, but were closed for other reasons.(1)NUMBER OF APPEALS PENDING AS OF START OF FY09NUMBER OF APPEALS RECEIVED IN FY09(3)NUMBER OF APPEALS PROCESSED IN FY09(4)NUMBER OF APPEALS PENDING AS OF END OF FY09(1)NUMBER AFFIRMED ON APPEAL(2)NUMBER OF PARTIALLY AFFIRMED AND REVERSED/REMANDED ON APPEAL(3)NUMBER COMPLETELY REVERSED/REMANDED ON APPEAL(4)NUMBER OF APPEALS CLOSED FOR OTHER REASON(5)TOTALNASA9223011164930OGC8202711062927OIG123010203REASONS FOR DENIAL OF APPEAL.Number of Times Exemptions Applied. Note: If an administrative appeal results in the denial of information based on exemptions and also based on a reason or reasons presented in C.2 and 3, report that appeal on all appeal on all applicable sections. For each administrative appeal, report all exemptions applied; however, count each exemption only once per appeal.b1b2b3b4b5b6b7(a)b7(b)b7(c)b7(d)b7(e)b7(f)b8b9NASA01002710000000OGC01002700000000OIG00000010000000Reason Other than Exemptions. Provide the number of administrative appeals resulting in denial for reasons other than exemptions, as described below.(1)NO RECORDS(2)RECORDS REFERRED AT INITIAL REQUEST LEVEL(3)REQUEST WITHDRAWN(4)FEE RELATED REASON(5)RECORDS NOT REASONABLY DESCRIBED(6)IMPROPER REQUEST FOR OTHER REASON(7)NOT AGENCY RECORD(8)DUPLICATE REQUEST OR APPEAL(9)REQUEST IN LITIGATION(10)APPEAL BASED SOLELY ON DENIAL OR REQUEST FOR EXPEDITED PROCESSING(11)OTHER(Explain in C.3 below)NASA90000000000OGC90000000000OIG00000000000Other Reasons for “Denial”. Provide description of the “other” reasons and the number of times each was relied upon. “Total” must equal “Other” column in C.2.DESCRIPTION OF “OTHER” REASONS FOR DENIALSNO. OF TIMES 0TOTAL: 0MEDIAN NUMBER OF DAYSAVERAGE NUMBER OF DAYSRANGE – LOWEST NUMBER OF DAYSRANGE – HIGHEST NUMBER OF DAYS613331PENDING APPEALS – TEN OLDEST PENDING APPEALS. DATE OF RECEIPT10thOLDEST9th8th7th6th5th4th3rd2ndOLDESTNASA---------20090806OGC---------20090806OIG----------NUMBER OF DAYS10thOLDEST9th8th7th6th5th4th3rd2ndOLDESTNASA---------55OGC---------55OIG----------SECTION VII – FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS PROCESSED REQUESTS – RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS. 1. SIMPLE2. COMPLEX3. EXPEDITED(1)MEDIAN NUMBER OF DAYS(2)AVERAGE NUMBER OF DAYS(3)RANGE –LOWEST NUMBER OF DAYS(4)RANGE – HIGHESTNUMBER OF DAYS(1)MEDIAN NUMBER OF DAYS(2)AVERAGE NUMBER OF DAYS(3)RANGE –LOWEST NUMBER OF DAYS(4)RANGE – HIGHESTNUMBER OF DAYS(1)MEDIAN NUMBER OF DAYS(2)AVERAGE NUMBER OF DAYS(3)RANGE –LOWEST NUMBER OF DAYS(4)RANGE – HIGHESTNUMBER OF DAYSNASA242912434515111142623640ARC2161124300000000DFRC243149100000000GRC152435518191690000GSFC29441238458913110000HQ3251116481132218620000JPL11164123898978836010150000JSC66185656515128623640KSC31113172511240000LaRC312315522218418611420000MSFC912143364691610000NSSC2541416300000000SSC67210101610300000OIG3249516800000000PROCESSED REQUESTS – RESPONSE TIME FOR PERFECTED REQUESTS FOR WHICH INFORMATION WAS GRANTED. 1. SIMPLE2.COMPLEX3. EXPEDITED(1)MEDIAN NUMBER OF DAYS(2)AVERAGE NUMBER OF DAYS(3)RANGE –LOWEST NUMBER OF DAYS(4)RANGE – HIGHESTNUMBER OF DAYS(1)MEDIAN NUMBER OF DAYS(2)AVERAGE NUMBER OF DAYS(3)RANGE –LOWEST NUMBER OF DAYS(4)RANGE – HIGHESTNUMBER OF DAYS(1)MEDIAN NUMBER OF DAYS(2)AVERAGE NUMBER OF DAYS(3)RANGE –LOWEST NUMBER OF DAYS(4)RANGE – HIGHESTNUMBER OF DAYSNASA1828124336202110150000ARC1949124300000000DFRC243449100000000GRC9931515141280000GSFC18451238367532700000HQ15431164243627218620000JPL3452023898978836010150000JSC91018230813700000KSC3213334121240000LaRC3131313151203115920000MSFC1112143405191610000NSSC1651616300000000SSC67210101610300000OIG3353916600000000PROCESSED REQUESTS – REPONSE TIME IN DAY INCREMENTS.SIMPLE1-20DAYS21-40DAYS41-60DAYS61-80DAYS81-100DAYS101-120DAYS121-140DAYS141-160DAYS161-180DAYS181-200DAYS201-300DAYS301-400DAYS401+DAYSTOTALNASA393842617541411781400583ARC472586109534700115DFRC543210000000015GRC20100000000003GSFC1066300001000026HQ3260000000000038JPL3920102261470064JSC7342010000000080KSC5100000000000051LaRC21100000000004MSFC832210000000000106NSSC1520100000000018SSC2000000000000020OIG14124422302000043COMPLEX1-20DAYS21-40DAYS41-60DAYS61-80DAYS81-100DAYS101-120DAYS121-140DAYS141-160DAYS161-180DAYS181-200DAYS201-300DAYS301-400DAYS401+DAYSTOTALNASA2287343721719327348171819587ARC00000000000000DFRC00000000000000GRC27113200000000043GSFC161373222222101062HQ0064851319531641411162JPL00000000000123JSC129171210421000012178KSC43143652900000082LaRC1045110000031429MSFC3126200101000025NSSC00000000000000SSC02100000000003OIG00000000000000EXPEDITED1-20DAYS21-40DAYS41-60DAYS61-80DAYS81-100DAYS101-120DAYS121-140DAYS141-160DAYS161-180DAYS181-200DAYS201-300DAYS301-400DAYS401+DAYSTOTALNASA21000000000003ARC00000000000000DFRC000