NASA 

CHIEF FOIA OFFICER REPORT 

January 2014 
David Weaver, Associate Administrator, Communications,

NASA Chief FOIA Officer

Section I: Steps Taken to Apply the Presumption of Openness

The guiding principle underlying the President's FOIA Memorandum and the Attorney 

General's FOIA Guidelines is the presumption of openness. 

Describe the steps your agency has taken to ensure that the presumption of openness is being 

applied to all decisions involving the FOIA. To do so, you should answer the questions listed 

below and then include any additional information you would like to describe how your agency 

is working to apply the presumption of openness. 

FOIA Training:

1. Did your agency hold an agency FOIA conference, or otherwise conduct training during 

this reporting period?

1. Yes

2. If so, please provide the number of conferences or trainings held, a brief description of 

the topics covered, and an estimate of the number of participants from your agency who 

were in attendance. 

1. NASA held a one-day FOIA training following the ASAP training in May 2013

for all FOIA staff. NASA also schedules a monthly VITS FOIA session for all 

FOIA staff. Topics covered include all aspects of processing FOIA and FOIA/PA 

requests, significant case-law that impacts FOIA processing as well as any 

concerns FOIA staff may have regarding cases.

3. Did your FOIA professionals attend any FOIA training during the reporting period such 

as that provided by the Department of Justice?

1. Yes. The ASAP conference in May as well as the DOJ-sponsored video 

conference in November 2013.

4. Provide an estimate of the percentage of your FOIA professionals who attended 

substantive FOIA training during this reporting period.

1. 100%

5. OIP has issued guidance that every agency should make core, substantive FOIA training 

available to all their FOIA professionals at least once each year. Provide your agency‟s 

plan for ensuring that such training is offered to all agency FOIA professionals by March 

2015. Your plan should anticipate an upcoming reporting requirement for your 2015 

Chief FOIA Officer Reports that will ask whether all agency FOIA professionals attended 

substantive FOIA training in the past year.

1. NASA FOIA staff is registered for the DOJ-sponsored two-day training in July 

2014. Following that training, NASA will host a one-day Agency specific 

training.

Outreach: 

6. Did your FOIA professionals engage in any outreach and dialogue with the requester 

community or open government groups regarding your administration of the FOIA? If 

so, please briefly discuss that engagement.

1. No. The FOIA generally staff dialogue with the requesters who submit requests 

to NASA.
Discretionary Disclosures:

In his 2009 FOIA Guidelines, the Attorney General strongly encouraged agencies to make 

discretionary releases of information even when the information might be technically exempt 

from disclosure under the FOIA. OIP encourages agencies to make such discretionary releases 

whenever there is no foreseeable harm from release. 

7. Does your agency have a formal process in place to review records for discretionary 

release? If so, please briefly describe this process. If your agency is decentralized, 

please specify whether all components at your agency have a process in place for making 

discretionary releases.

1. Yes. NASA does not have a formal process for reviewing records for 

discretionary release; however, Center FOIA offices do consider discretionary 

release as appropriate.

8. During the reporting period did your agency make any discretionary releases of otherwise 

exempt information? 

1. No. NASA releases as much information as possible. 

9. What exemptions would have covered the information that was released as a matter of 

discretion? 

1. NA

10. Provide a narrative description, or some examples of, the types of information that your 

agency released as a matter of discretion. 

1. NA

11. If your agency was not able to make any discretionary releases of information, please 

explain why. 

1. The information requested was not suitable for discretionary release.

Other Initiatives:

12. Did your agency post all of the required quarterly FOIA reports for Fiscal Year 2013? If 

not, please explain why not and what your plan is for ensuring that such reporting is 

successfully accomplished for Fiscal Year 2014.

1. Yes.

13. Describe any other initiatives undertaken by your agency to ensure that the presumption 

of openness is being applied. If any of these initiatives are online, please provide links in 

your description. 

1. NASA continues to have one of the top websites in the Federal Government due 

to the frequent updating of information that is of interest to the public. NASA 

also has multiple avenues for the public to acquire information of interest, which 

has helped to reduce the need to submit a FOIA request to the Agency. 

Section II: Steps Taken to Ensure that Your Agency 

Has an Effective System in Place for Responding to Requests 

As the Attorney General emphasized in his FOIA Guidelines, "[a]pplication of the proper 

disclosure standard is only one part of ensuring transparency. Open government requires not just 

a presumption of disclosure, but also an effective system for responding to FOIA requests." It is 

essential that agencies effectively manage their FOIA program.

Describe here the steps your agency has taken to ensure that your management of your FOIA 

program is effective and efficient. To do so, answer the questions below and then include any 
additional information that you would like to describe how your agency ensures that your FOIA 

system is efficient and effective.

Personnel:

During Sunshine Week 2012 OPM announced the creation of a new job series entitled the 

Government Information Series, to address the work performed by FOIA and Privacy Act 

professionals. Creation of this distinct job series was a key element in recognizing the 

professional nature of their work.

1. Has your agency converted all of its FOIA professionals to the new Government 

Information Specialist job series?

1. Yes

2. If not, what proportion of personnel has been converted to the new job series?

1. NA

3. If not, what is your plan to ensure that all FOIA professionals‟ position descriptions are 

converted? 

1. NA

Processing Procedures:

4. For Fiscal Year 2013 did your agency maintain an average of ten or less calendar days to 

adjudicate requests for expedited processing? If not, describe the steps your agency will 

take to ensure that requests for expedited processing are adjudicated within ten calendar 

days or less.

1. Yes. The average number of days to adjudicate requests for expedited processing 

was less than 5.

5. Has your agency taken any steps to make the handling of consultations and referrals more 

efficient and effective, such as entering into agreements with other agencies or 

components on how to handle certain categories or types of records involving shared 

equities so as to avoid the need for a consultation or referral altogether, or otherwise 

implementing procedures that speed up or eliminate the need for consultations. If so, 

please describe those steps.

1. No. NASA does not receive a large number of consultations. We do not have a 

backlog of requests and therefore are able to process almost all referrals and 

consultations in a timely manner. 

Requester Services:

6. Do you use e-mail or other electronic means to communicate with requesters when 

feasible?

1. Yes

7. Does your agency notify requesters of the mediation services offered by the Office of 

Government Information Services (OGIS) at NARA?

1. Yes

8. Describe any other steps your agency has undertaken to ensure that your FOIA system 

operates efficiently and effectively, such as conducting self-assessments to find greater 

efficiencies, improving search processes, eliminating redundancy, etc. 

1. NASA FOIA staff participates in monthly VITS meetings to discuss processing 

issues, concerns, and any FOIA related questions. Although the FOIA program is 

decentralized, the Agency FOIA staff is unified, working closely together to 

improve the program and building a collaborative team across the Agency. They

regularly consult one-another to discuss FOIA requests and processing techniques 
in order to provide a consistent approach to responses. The success of the team 

approach has helped to streamline many business processes and ultimately 

directly affected backlog, leading to the lowest backlog of record.

Section III: Steps Taken to Increase Proactive Disclosures

Both the President and Attorney General focused on the need for agencies to work proactively 

to post information online without waiting for individual requests to be received. 

Describe here the steps your agency has taken both to increase the amount of material that is 

available on your agency website, and the usability of such information, including providing 

examples of proactive disclosures that have been made during this past reporting period (i.e., 

from March 2013 to March 2014). In doing so, answer the questions listed below and describe 

any additional steps taken by your agency to make and improve proactive disclosures of 

information. 

Posting Material:

1. Do your FOIA professionals have a system in place to identify records for proactive 

disclosures?

1. No, we do not have a „system‟ to identify records. Program staff throughout the 

Agency regularly posts information they believe would be of interest to the 

public. 

2. If so, describe the system that is in place.

1. NA

3. Provide examples of material that your agency has posted this past reporting period, 

including links to where this material can be found online. 

1. Agency staff regularly posts contract information, reports, a variety of records 

from current hot topics, records that provide background information on events in 

the news, Agency oversight, and new initiatives reports, documents, etc. The 

material can be found at the nasa.gov websites as well as links through any of the 

FOIA websites by following: http://www.hq.nasa.gov/office/pao/FOIA/agency/

Making Posted Material More Useful: 

4. Beyond posting new material, is your agency taking steps to make the posted information 

more useful to the public, especially to the community of individuals who regularly 

access your agency‟s website, such as soliciting feedback on the content and presentation 

of posted material, improving search capabilities on the site, posting material in open 

formats, making information available through mobile applications, providing 

explanatory material, etc.? 

1. Yes. NASA is a leader in media-centric initiatives. Various media tools are used 

on a continual basis to provide the public with information regarding NASA 

initiatives, events and business-related activities. 

5. If so, provide examples of such improvements. 

1. NASA is continually improving and updating the websites by posting new 

material on a continual basis. Material and information is available through media 

resources including twitter, Facebook, reddit, news conferences, media bulletins, 

etc. 

6. Did your agency use any means to publicize or highlight important proactive disclosures 

for public awareness? If so, was social media utilized?
1. Yes. Social media is utilized to inform the public of a proactive disclosure of 

agency information. Staff posts the material once it has been cleared in 

anticipation of public interest or in the case of FOIA additional requests. If the 

FOIA office has not received a request for the information but believes it would 

be of current interest to the public, they will work with the program office to post 

the material outside of the FOIA process, thus providing the public with as much 

information as possible. 

7. Has your agency encountered challenges that make it difficult to post records you 

otherwise would like to post? If so, please briefly explain what those challenges are.

1. NASA does not have a problem posting material.

8. Describe any other steps taken to increase proactive disclosures at your agency. 

1. The steps have been described.

Section IV: Steps Taken to Greater Utilize Technology 

A key component of the President's FOIA Memorandum was the direction to "use modern 

technology to inform citizens about what is known and done by their Government." In addition 

to using the internet to make proactive disclosures, agencies should also be exploring ways to 

utilize technology in responding to requests. Over the past several years agencies have reported 

widespread use of technology in receiving and tracking FOIA requests and preparing agency 

Annual FOIA Reports. For 2014, as we have done over the past years, the questions have been 

further refined and now also address different, more innovative aspects of technology use. 

Online tracking of FOIA requests:

1. Can a FOIA requester track the status of his/her request electronically? 

1. No

2. If yes, how is this tracking function provided to the public? For example, is it being done 

through regularly updated FOIA logs, online portals, or other mediums? 

1. NA

3. Describe the information that is provided to the requester through the tracking system. 

For example, some tracking systems might tell the requester whether the request is 

"open" or "closed," while others will provide further details to the requester throughout 

the course of the processing, such as "search commenced" or "documents currently in 

review.” List the specific types of information that are available through your agency's 

tracking system. 

1. NA

4. In particular, does your agency tracking system provide the requester with an estimated 

date of completion for his/her request? 

1. The system NASA uses does not provide an estimated date of completion to the 

requester directly. However, the FOIA staff can provide this information.

5. If your agency does not provide online tracking of requests, is your agency taking steps to 

establish this capability? If not, please explain why.

1. Yes.

Use of technology to facilitate processing of requests:

6. Beyond using technology to redact documents, is your agency taking steps to utilize more 

advanced technology to facilitate overall FOIA efficiency, such as improving record 

search capabilities, utilizing document sharing platforms for consultations and referrals, 

or employing software that can sort and de-duplicate documents?
1. Yes.

7. If so, describe the technological improvements being made.

1. NASA uses a document-sharing large file transfer tool.

8. Are there additional technological tools that would be helpful to achieving further 

efficiencies in your agency‟s FOIA program?

1. Not at this time.

Section V: Steps Taken to Improve Timeliness in Responding to Requests and Reducing 

Backlogs 

The President and the Attorney General have emphasized the importance of improving 

timeliness in responding to requests. This section addresses both time limits and backlog 

reduction. Backlog reduction is measured both in terms of numbers of backlogged requests or 

appeals and by looking at whether agencies closed their ten oldest requests, appeals, and 

consultations. For the figures required in this Section, please use those contained in the specified 

sections of your agency’s 2013 Annual FOIA Report and, when applicable, your agency’s 2012 

Annual FOIA Report.

Simple Track Requests:

1. Section VII.A of your agency‟s Annual FOIA Report, entitled “FOIA Requests –

Response Time for All Processed Requests,” includes figures that show your agency's 

average response times for processed requests. For agencies utilizing a multi-track system 

to process requests, there is a category for “simple” requests, which are those requests 

that are placed in the agency‟s fastest (non-expedited) track, based on the low volume 

and/or simplicity of the records requested.

a. Does your agency utilize a separate track for simple requests?

1. Yes

b. If so, for your agency overall, for Fiscal Year 2013, was the average number of 

days to process simple requests twenty working days or fewer? 

1. Yes. (5.65)

c. If your agency does not track simple requests separately, was the average number 

of days to process non-expedited requests twenty working days or fewer?

1. NA

Backlogs and “Ten Oldest” Requests, Appeals and Consultations:

2. Section XII.A of your agency‟s Annual FOIA Report, entitled “Backlogs of FOIA 

Requests and Administrative Appeals” shows the numbers of any backlogged requests or 

appeals from the fiscal year. Section VII.E, entitled “Pending Requests – Ten Oldest 

Pending Requests,” Section VI.C.(5), entitled “Ten Oldest Pending Administrative 

Appeals,” and Section XII.C., entitled "Consultations on FOIA Requests – Ten Oldest 

Consultations Received from Other Agencies and Pending at Your Agency," show the ten 

oldest pending requests, appeals, and consultations. You should refer to these numbers 

from your Annual FOIA Reports for both Fiscal Year 2012 and Fiscal Year 2013 when 

completing this section of your Chief FOIA Officer Report. 

Backlogs 

a. If your agency had a backlog of requests at the close of Fiscal Year 2013, did that 

backlog decrease as compared with Fiscal Year 2012?

1. Yes (by 50%)
b. If your agency had a backlog of administrative appeals in Fiscal Year 2013, did 

that backlog decrease as compared to Fiscal Year 2012?

1. NA, No backlog

Ten Oldest Requests

c. In Fiscal Year 2013, did your agency close the ten oldest requests that were 

pending as of the end of Fiscal Year 2012? 

1. Yes

d. If no, please provide the number of these requests your agency was able to close 

by the end of the fiscal year, as listed in Section VII.E of your Fiscal Year 2012 

Annual FOIA Report. If you had less than ten total oldest requests to close, 

please indicate that. For example, if you only had seven requests listed as part of 

your "ten oldest" in Section VII.E. and you closed two of them, you should note 

that you closed two out of seven “oldest” requests.

1. NASA closed the cases.

Ten Oldest Appeals

e. In Fiscal Year 2013, did your agency close the ten oldest administrative appeals 

that were pending as of the end of Fiscal Year 2012? 

1. NASA closed all pending administrative appeals..

f. If no, please provide the number of these appeals your agency was able to close, 

as well as the number of appeals your agency had in Section VI.C.(5) of your 

Fiscal Year 2012 Annual FOIA Report.

Ten Oldest Consultations

g. In Fiscal Year 2013, did your agency close the ten oldest consultations received 

by your agency and pending as of the end of Fiscal Year 2012?

1. NA

h. If no, please provide the number of these consultations your agency did close, as 

well as the number of pending consultations your agency listed in Section XII.C. 

of your Fiscal Year 2012 Annual FOIA Report.

Reasons for Any Backlogs:

3. If you answered “no” to any of the questions in item 2 above, describe why your agency 

was not able to reduce backlogs and/or close the ten oldest pending requests, appeals, and 

consultations. In doing so, answer the following questions then include any additional 

explanation: 

a. THIS SECTION IS NOT APPLICABLE TO NASA.

Request and/or Appeal Backlog

b. Was the lack of a reduction in the request and/or appeal backlog a result of an 

increase in the number of incoming requests or appeals?

c. Was the lack of a reduction in the request and/or appeal backlog caused by a loss 

of staff?

d. Was the lack of a reduction in the request and/or appeal backlog caused by an 

increase in the complexity of the requests received?

e. What other causes, if any, contributed to the lack of a decrease in the request 

and/or appeal backlog?

“Ten oldest” Not Closed

f. Briefly explain the obstacles your agency faced in closing its ten oldest requests, 

appeals, and consultations from Fiscal Year 2012.
g. If your agency was unable to close any of its ten oldest requests or appeals 

because you were waiting to hear back from other agencies on consultations you 

sent, please provide the date the request was initially received by your agency, the 

date when your agency sent the consultation, and the date when you last contacted 

the agency where the consultation was pending.

Plans for Closing of Ten Oldest Pending Requests, Appeals, and Consultations and Reducing 

Backlogs:

Given the importance of these milestones, it is critical that Chief FOIA Officers assess the 

causes for not achieving success and create plans to address them. 

4. If your agency did not close its ten oldest pending requests, appeals, and consultations, 

please provide a plan describing how your agency intends to close those “ten oldest” 

requests, appeals, and consultations during Fiscal Year 2014.

1. NA

5. If your agency had a backlog of more than 1000 pending requests and did not reduce that 

backlog in Fiscal Year 2013, provide your agency‟s plan for achieving backlog reduction 

in the year ahead.

1. NA

Interim Responses:

OIP has issued guidance encouraging agencies to make interim releases whenever they are 

working on requests that involve a voluminous amount of material or require searches in 

multiple locations. By providing rolling releases to requesters agencies facilitate access to the 

requested information. 

6. Does your agency have a system in place to provide interim responses to requesters when 

appropriate?

1. NASA does not have a „system,‟ however we do provide interim responses.

7. If your agency had a backlog in Fiscal Year 2013, please provide an estimate of the 

number or percentage of cases in the backlog where a substantive, interim response was 

provided during the fiscal year, even though the request was not finally closed. 

1. 30%

Use of FOIA’s Law Enforcement “Exclusions”

In order to increase transparency regarding the use of the FOIA‟s statutory law enforcement 

exclusions, which authorize agencies under certain exceptional circumstances to “treat the 

records as not subject to the requirements of [the FOIA],” 5 U.S.C. § 552(c)(1), (2), (3), please 

answer the following questions:

1. Did your agency invoke a statutory exclusion during Fiscal Year 2013? 

1. No

2. If so, what was the total number of times exclusions were invoked? 

Spotlight on Success

Out of all the activities undertaken by your agency since March 2013 to increase transparency 

and improve FOIA administration, please briefly describe here at least one success story that you 

would like to highlight as emblematic of your agency‟s efforts. The success story can come from 

any one of the five key areas. As noted above, these agency success stories will be highlighted 

during Sunshine Week by OIP. To facilitate this process, all agencies should use bullets to 

describe their success story and limit their text to a half page. The success story is designed to be 

a quick summary of a key achievement. A complete description of all your efforts will be 

contained in the body of your Chief FOIA Officer Report.
NASA reduced the FOIA backlog by 50%; down to 11 cases. Of those, three were extremely 

complex. When possible, the FOIA staff provided interim responses to the requester. NASA 

FOIA staff continues to work to improve processing and ensure consistency in responses. In 

2013, the NASA FOIA regulations were completely updated and restructured to incorporate 

changes in the laws as well as provide the requester community with a more customer-friendly 

regulation. This is the first significant revision of the NASA FOIA regulation since 1998. The 

regulations are expected to be posted in the Federal Register in early 2014. NASA FOIA staff 

also participates in monthly VITS to discuss processing concerns as well as share information 

that will assist other staff in processing requests.