National Aeronautics and Space Administration 

2023 CHIEF FOIA OFFICER REPORT 

 
Mr. Marc Etkind

Chief FOIA Officer

Associate Administrator

Office of Communications 

SECTION I: FOIA LEADERSHIP AND APPLYING PRESUMPTION OF OPENNESS 

The guiding principle underlying the Attorney General’s FOIA Guidelines is the presumption of 

openness. The Guidelines also highlight the importance of agency leadership in ensuring 

effective FOIA administration. 

Please answer the following questions about FOIA leadership at your agency and describe the 

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

decisions involving the FOIA. 

A. Leadership Support for FOIA 

1. The FOIA requires each agency to designate a Chief FOIA Officer who is a senior official at 

least at the Assistant Secretary or equivalent level. See 5 U.S.C. § 552(j)(1) (2018). Is your 

agency’s Chief FOIA Officer at or above this level? 

ANSWER: Yes 

 

2. Please provide the name and title of your agency’s Chief FOIA Officer. 

ANSWER: Mr. Marc Etkind, Associate Administrator for the Office of Communications 

3. What steps has your agency taken to incorporate FOIA into its core mission? For example, 

has your agency incorporated FOIA milestones into its strategic plan? 

ANSWER: The Freedom of Information Act Unit is part of the National Aeronautics and Space 

Administration’s (NASA’s) Office of Communications (OCOMM). OCOMM handles corporate, 

Agency-wide communications for NASA and is accountable for managing the planning, 

development, and implementation of communications events, activities, and products for 

stakeholders, including the general public. It provides for the widest practicable and appropriate 

dissemination of information to news media and the general public concerning the objectives, 

methods, and results of NASA programs. OCOMM is responsible for planning, organizing, 

directing, and coordinating Agency-wide communications activities for all facets of NASA’s 

mission, programs, activities, and functions for the Agency’s workforce, media, and the general 

public. The scope of the Agency’s communications entails a broad, diverse, and integrated set of 

efforts, including news and media engagement, digital services and products (including Web, 

multimedia, and social media), non-technical publications, and exhibits, as well as speaking and 

public engagement activities and events. 
B. Presumption of Openness 

4. The Attorney General’s 2022 FOIA Guidelines provides that “agencies should confirm in 

response letters to FOIA requesters that they have considered the foreseeable harm standard 

when reviewing records and applying FOIA exemptions.” Does your agency provide such 

confirmation in its response letters? 

ANSWER: Yes. 

5. In some circumstances, agencies may respond to a requester that it can neither confirm nor 

deny the existence of requested records if acknowledging the existence of records would harm an 

interested protected by a FOIA exemption. This is commonly referred to as a Glomar response. 

With respect to these responses, please answer the below questions: 

a. In addition to tracking the asserted exemption, does your agency specifically track 

whether a request involved a Glomar response? 

ANSWER: No. NASA’s FOIA database did not have a field that could be checked to track a 

particular response as a “Glomar” response. If the request was closed with a “Glomar” response, 

the system only allowed the case to be closed as a denial based on a FOIA Exemption. 

b. If yes, please provide: N/A 

i. the number of times your agency issued a full or partial Glomar response 

(separate full and partial if possible); 

ii. the number of times a Glomar response was issued by exemption (e.g., 

Exemption 7(C) – 20 times, Exemption 1 – 5 times). 

ANSWER: See response to 4 (a) above. 

c. If your agency does not track the use of Glomar responses, what would your agency 

need to do to track in the future? If possible, please describe the resources and time 

involved. 

ANSWER: Per discussions with NASA’s FOIA database vendor, a field has been created that 

allows future cases closed with a Glomar response to be tracked in the system as a “Glomar” 

response in addition to tracking the applicable FOIA Exemption(s). 

6. Optional -- If there are any other initiatives undertaken by your agency to ensure that the 

presumption of openness is being applied, please describe them here. 

ANSWER: The National Aeronautics and Space Act mandates that NASA disseminate to the 

public as much information as possible concerning its missions and scientific findings. Please see 

answer to question number 3 above regarding OCOMM’s mission to meet this mandate. 

Section II – Ensuring Fair and Effective FOIA Adiministration 
The Attorney General’s FOIA Guidelines provide that “[e]nsuring fair and effective FOIA 

administration requires . . . proper training, and a full understanding of FOIA obligations by the 

entire agency workforce.” The Guidelines reinforce longstanding guidance to “work with FOIA 

requesters in a spirit of cooperation.” The Attorney General also “urge[s] agency Chief FOIA 

Officers to undertake comprehensive review of all aspects of their agency’s FOIA 

administration” as part of ensuring fair and effective FOIA administration. 

A. FOIA Training 

1. The FOIA directs agency Chief FOIA Officers to ensure that FOIA training is offered to 

agency personnel. See 5 U.S.C. § 552(a)(j)(2)(F). Please describe the efforts your agency has 

undertaken to ensure proper FOIA training is made available and used by agency personnel. 

ANSWER: The NASA Principal Agency FOIA Officer receives training information from the 

American Society of Access Professionals (ASAP) and the Department of Justice Office of 

Information Policy (OIP), then distributes that information to NASA FOIA staff so they can sign 

up to attend the offered training. 

2. Did your FOIA professionals or the personnel at your agency who have FOIA responsibilities 

attend substantive FOIA training during the reporting period, such as that provided by the 

Department of Justice? 

ANSWER: Yes 

3. If yes, please provide a brief description of the type of training attended or conducted and the 

topics covered. 

ANSWER: NASA FOIA staff registered for a few FOIA trainings offered by the National 

Archives and Records Administration as well as OIP. NASA staff attended the following events 

and trainings: 

‐ NexGen FOIA Tech Showcases held on 2/9 - 2/10/22, and the follow-up workshop held 

on 3/31; 

‐ 5/4/22, DOJ FOIA Summit; 

‐ 5/3/22, DOJ Virtual Procedural requirements and Fees; 

‐ 4/19/22, DOJ Virtual Processing; 

‐ 6/14/22, DOJ Virtual FOIA Exemption 4 and 5. 

In addition, the Principal Agency FOIA Officer held quarterly TEAMS meetings with NASA’s 

FOIA professionals to discuss any new guidance issued by OIP, any recent case law or remands 

of administrative appeal decisions affecting the handling of NASA’s FOIA cases, and ways to 

improve NASA’s FOIA processes to comply with these factors. All of the FOIA staff attended 

two virtual trainings on processing contracts offered by one of NASA’s attorneys, who has 

extensive experience in government contracts and procurement. NASA’s contracts are highly 

technical, which require careful review and technical knowledge. 
4. Please provide an estimate of the percentage of your FOIA professionals and staff with FOIA 

responsibilities who attended substantive FOIA training during this reporting period. 

ANSWER: For NASA’s internal contracts training, 100% of the FOIA staff attended. 

Additionally, 100% of the FOIA staff attended other virtual DOJ FOIA training during this 

reporting period. Furthermore, 80% of staff attended the quarterly meetings in which some sort 

of training was held by the Principal Agency FOIA Officer as explained in the previous 

response. 

5. OIP has directed agencies to “take steps to ensure that all of their FOIA professionals attend 

substantive FOIA training at least once throughout the year.” If your response to the previous 

question is that less than 80% of your FOIA professionals attended training, please explain your 

agency’s plan to ensure that all FOIA professionals receive or attend substantive FOIA training 

during the next reporting year. 

ANSWER: N/A. 

6. Describe any efforts your agency has undertaken to inform non-FOIA professionals of their 

obligations under the FOIA. In particular, please describe how often and in what formats your 

agency provides FOIA training or briefings to non-FOIA staff; and if senior leaders at your 

agency received a briefing on your agency’s FOIA resources, obligations, and expectations 

during the FOIA process? 

ANSWER: The Office of General Counsel makes a presentation about FOIA at the agency’s 

New Employee Orientation Training sessions for new employees. Additionally, on an annual 

basis, the Principal Agency FOIA Officer provides training sessions for NASA Program Offices. 

In 2022, the Principal Agency FOIA Officer provided seven training sessions for program offices 

at NASA Headquarters and NASA Centers. NASA’s FOIA website also has links to resources 

and training videos from DOJ on FOIA.gov. The Principal Agency FOIA Officer routinely refers 

employees to this material. Examples of videos the FOIA unit provides to its non-FOIA 

professionals are: DOJ Executive Briefing on FOIA (with DOJ video), and FOIA.gov – 

Frequently Asked Questions (with DOJ videos). Links to the DOJ resources and videos are also 

available on NASA’s FOIA website.

B. Outreach

7. Did your FOIA professionals engage in any outreach or dialogue, outside of the standard 

request process, with the requester community or open government groups regarding your 

administration of the FOIA? Please describe any such outreach or dialogue, and, if applicable, 

any specific examples of how this dialogue has led to improvements in your agency’s FOIA 

administration. 

ANSWER: No. While the FOIA unit does not have any outreach outside of the standard FOIA 

processes, NASA has a strong and robust OCOMM with Public Affairs Officers embedded in all 

NASA programs to answer all inquiries received from the media related to NASA programs and 

missions. 
OCOMM handles corporate, Agency-wide communications for NASA and is accountable for 

managing the planning, development, and implementation of communications events, activities, 

and products for stakeholders, including the general public. The office provides for the widest 

practicable and appropriate dissemination of information to news media and the general public 

concerning the objectives, methods, and results of NASA programs. The office is responsible for 

planning, organizing, directing, and coordinating Agency-wide communications activities for all 

facets of NASA’s mission, programs, activities, and functions for the Agency’s workforce, 

media, and the general public. The scope of the Agency’s communications entails a broad, 

diverse, and integrated set of efforts, including news and media engagement, digital services and 

products (including Web, multimedia, and social media), non-technical publications, and 

exhibits, as well as speaking and public engagement activities and events. The office works to 

promote effective NASA communications by ensuring synergy and strategic focus and working 

collaboratively with the Office of Legislative and Intergovernmental Affairs, the Office of 

STEM Engagement, and other Agency organizations, as appropriate. 

NASA also has a Public Inquiry unit that answers thousands of inquiries from the public via 

mail, email, or phone calls. The customer service that NASA’s OCOMM provides to the public 

in response to any inquiry is an essential part of the agency’s open government activities. These 

services are key activities that help reduce the number of FOIA requests NASA receives. 

8. As part of the standard request process, do your FOIA professionals proactively contact 

requesters concerning complex or voluminous requests in an effort to clarify or narrow the scope 

of the request so requesters can receive responses more quickly? Please describe any such 

outreach or dialogue, and, if applicable, any specific examples. 

ANSWER: Yes, the FOIA specialists always reach out to requesters to discuss any aspect of the 

FOIA request that is voluminous or unclear and/or discuss the FOIA process to better serve the 

requester and provide the best quality customer service possible. 

9. The FOIA Improvement Act of 2016 requires additional notification to requesters about the 

services provided by the agency’s FOIA Public Liaison. Please provide an estimate of the 

number of times requesters sought assistance from your agency’s FOIA Public Liaison during 

Fiscal Year 2022 (please provide a total number or an estimate of the number). 

ANSWER: NASA’s Chief FOIA Public Liaison received only seven requests for assistance 

and/or disputes from requesters regarding their FOIA requests during this reporting period. All

seven requests/disputes were resolved without further issues being raised to the agency’s 

administrative appeal unit at NASA’s OGC or OGIS. 

D. Other Initiatives

10. Has your agency evaluated the allocation of agency personnel resources needed to respond to 

current and anticipated FOIA demands? If so, please describe what changes your agency has or 

will implement. 
ANSWER: The FOIA unit has sought to obtain an attorney detailed to the unit to work with the 

FOIA processors and provide training for processing NASA’s highly technical contracts and 

grants. This request is under consideration. 

11. How does your agency use data or processing metrics to ensure efficient management of your 

FOIA workload? For example, case management reports, staff processing statistics, etc. In 

addition, please specifically highlight any data analysis methods or technologies used. 

ANSWER: On a weekly basis, the Principle Agency FOIA Officer conducts assessments of 

NASA’s pending cases and provides a report to the agency’s Chief FOIA Officer and other 

management officials. This report provides a snapshot of each FOIA processor’s workload and 

what needs to be done either by the Principal Agency FOIA Officer or management to assist with 

resolving complex issues that are holding up the completion of a request. 

Additionally, after an agency-wide restructuring in 2021, the FOIA unit’s decentralized business 

processes were consolidated into one unit with the Principal Agency FOIA Officer in charge of 

monitoring FOIA compliance for all NASA Centers. In the past, each NASA Center had its own 

FOIA officer reporting to an official at that Center. However, as a result of NASA’s 

organizational restructuring, FOIA processors now report to the Principal Agency FOIA Officer 

who assigns cases based on the workload of each analyst. This centralization of the FOIA offices 

helps with a more equitable distribution of FOIA workloads. For example, one FOIA analyst 

may only have 5 cases assigned to them, whereas another may have 15 cases. The weekly 

metrics report is one way for the Principal Agency FOIA Officer to measure each analyst’s 

workload and implement an assignment process that factors in request complexity, as well as 

each analyst’s caseload and proficiency across the FOIA landscape. 

12. Optional -- If there are any other initiatives undertaken by your agency to ensure fair and 

effective FOIA administration, please describe them here. 

ANSWER: See response to question 7 above. 

SECTION III: PROACTIVE DISCLOSURES 

The Attorney General’s FOIA Guidelines emphasize that “proactive disclosure of information is 

. . . fundamental to the faithful application of the FOIA.” The Guidelines direct agencies to post 

“records online quickly and systematically in advance of any public request” and reiterate that 

agencies should post records “in the most useful, searchable, and open formats possible.” 

1. Please describe what steps your agency takes to identify, track, and post (a)(2) proactive 

disclosures. 

ANSWER: NASA has one of the most robust uses of social media to disseminate information of 

interest to the public. NASA’s OCOMM routinely releases information to the public, especially 

information that has the potential to generate significant media, public interest, or other inquiries. 

Our program offices regularly post documents related to mission updates, launches, etc., and this 

information is further publicized through tweets, program-sponsored events, interviews, etc. 
OCOMM’s Public Inquiries Office, which receives thousands of requests for information from 

the members of the public, also regularly revises its website to provide direct links to material of 

interest to the public. 

2. Provide examples of any material that your agency has proactively disclosed during the past 

reporting year, including records that have been requested and released three or more times in 

accordance with 5 U.S.C. § 552(a)(2)(D). Please include links to these materials as well. 

ANSWER: NASA has a vast amount of information posted on its many websites by its Mission 

Directorates and program officials. The FOIA unit proactively posts the SmartPay Card Holder’s 

list, FOIA logs, and any requests that have been requested 3 times or more. 

The list for SmartPay Card Holders can be accessed on the NASA Shared Services Center 

(NSSC) FOIA reading room at: 

https://searchpub.nssc.nasa.gov/servlet/sm.web.Fetch/NASA_Active_Cardholders_List_1-5-

2023.pdf?rhid=1000&did=1761572&type=released&FixForIE=NASA_Active_Cardholders_Lis

t_1-5-2023.pdf. 

The FOIA Logs can be accessed on the agency’s HQ FOIA reading room at: 

https://www.nasa.gov/FOIA/elibrary. 

Additionally, as explained above, NASA received several FOIA requests for a contract. The 

contract and its modifications were posted during this reporting period at the following link: 

https://www.nasa.gov/content/msfc-foia-electronic-library. 

 

3. 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? 

ANSWER: Yes. As explained above, NASA posts a vast amount of information for the 

scientific community, researchers, students, media requesters, vendors, and others interested in 

NASA’new or historical events and published information which is continually updated. 

 

NASA has a statutory mandate to post as much information concerning its missions and 

scientific findings as possible. A few examples of data that the FOIA unit routinely provides the 

public to view without the need to submit a FOIA request are: 

NASA’s Technical Reports Servers (NTRS). NTRS is managed by NASA’s Scientific and 

Technical Information unit (STI). This database provides access to NASA metadata records, fulltext online documents, images, and videos. The types of information included in this database 

are conference papers, journal articles, meeting papers, patents, research reports, images, movies, 

and technical videos – scientific and technical information (STI) created or funded by NASA. 

NASA Space Act Agreements Community of Practice – NASA has the ability to enter into 

special agreements, called Space Act Agreements, to further the aims of the agency. 

NASA History Office, Headquarters – Includes many electronic books.
Johnson Space Center, History Office – Includes many records related to its Apollo mission era 

and other space flight history, images, and videos. 

NASA Office of Inspector General (OIG) – Full-text reports, audits, memoranda, testimony, etc.

Management and Policy Documents – Provids a list of links to scanned documents that are vital 

to understanding how NASA functions and its role in the federal government. 

NASA Online Directives Information System (NODIS) – Provides full-text of NASA Policy 

Directives (NPDs) and NASA Procedural Directives (NPRs) by date and by name. 

NASA Image Library – Consolidates imagery and videos in one searchable location. Users can 

download content in multiple sizes and resolutions and see the metadata associated with images, 

including EXIF/camera data on many images. 

4. If yes, please provide examples of such improvements. In particular, please describe steps 

your agency is taking to post information in open, machine-readable, and machine-actionable 

formats, to the extent feasible. If not posting in open formats, please explain why and note any 

challenges. 

ANSWER: All of NASA’s Mission Directorates continually update their public websites with 

new information. NASA is a leader among federal agencies in providing open data to citizens 

and has a robust infrastructure for internet-facing open data management. NASA has cataloged a 

comprehensive data inventory, available at data.nasa.gov, which is also pushed to data.gov on set 

time schedules and allows the public to search datasets from NASA and other agencies. NASA 

currently has over 50,000 datasets at a current growth of 2% in 2022, and the list continues to 

grow as the Agency implements the Evidence-Based Policymaking Act under the purview of the 

NASA Data Governance Council. With the goal to make NASA data as interoperable as 

possible, NASA deployed api.nasa.gov, which provides machine-readable access to data, and 

code.nasa.gov to offer computer code in multiple languages to assist application developments. 

NASA’s events can be viewed at www.NASA.gov by clicking on any topics of interest or by 

clicking on NASA Audiences (Media, Educators, Students) to view the latest events and 

information available to the public. While the examples are far too many to provide in this 

response, all of NASA Mission Directorates post their latest scientific news, past projects, 

podcasts, grant award announcements, publications, and final reports on research results for the 

public or researchers at their respective websites.

5. Does your proactive disclosure process or system involve any collaboration with agency staff 

outside the FOIA office, such as IT or data personnel? If so, describe this interaction. 

ANSWER: Yes, see response to question 4 above. 

6. Optional -- Please describe the best practices used to improve proactive disclosures and any 

challenges your agency faces in this area. 

ANSWER: For best practices, please see response to question 4 above. One challenge the FOIA 

unit faces is the remediation of records under Section 508 of the Rehabilitation Act (29 U.S.C. 

794d), as amended in 1998. NASA uses contractors for this service. Again, because of the vast 
amount of information NASA posts on its various websites, in order to ready FOIA records for 

web posting, there is a queue time for 508 remediation services before records may be posted to 

the web. 

SECTION IV: STEPS TAKEN TO GREATER UTILIZE TECHNOLOGY 

A key component of FOIA administration is using technology to make information available to 

the public and to gain efficiency in FOIA processing. The Attorney General’s FOIA Guidelines 

emphasize the importance of making FOIA websites easily navigable and complying with the 

FOIA.gov interoperability requirements. Please answer the following questions to describe how 

your agency is using technology to improve its FOIA administration and the public’s access to 

information. 

1. Has your agency reviewed its FOIA-related technological capabilities to identify resources 

needed to respond to current and anticipated FOIA demands? 

ANSWER: Yes. NASA uses FOIAXpress to track its FOIA workflow. We also use SharePoint 

to store our FOIA request files which allow all relevant personnel to collaborate on records 

received and processed in response to FOIA requests. In addition, NASA uses its Office of 

Information Technology to conduct FOIA searches of employee and Capstone official email 

accounts. This has greatly helped to streamline the administration of our FOIA program. NASA 

also uses Adobe Acrobat Pro to redact records. NASA was able to purchase additional licenses 

for EverMap AutoPortfolio which is an Acrobat plug-in that enables staff to organize and deduplicate voluminous emails. 

2. Please briefly describe any new types of technology your agency began using during the 

reporting period to support your FOIA program. 

ANSWER: N/A

3. Does your agency currently use any technology to automate record processing? For example, 

does your agency use machine learning, predictive coding, technology assisted review or similar 

tools to conduct searches or make redactions? If so, please describe and, if possible, estimate 

how much time and financial resources are saved since implementing the technology. 

ANSWER: The Adobe Pro does have a function that allows users to search for short texts (such 

as names, telephone numbers, email addresses, etc.) and redact them all in a document. 

4. OIP issued guidance in 2017 encouraging agencies to regularly review their FOIA websites to 

ensure that they contain essential resources and are informative and user-friendly. Has your 

agency reviewed its FOIA website(s) during the reporting period to ensure it addresses the 

elements noted in the guidance? 

ANSWER: Yes. 

5. Did all four of your agency’s quarterly reports for Fiscal Year 2022 appear on FOIA.gov? 
ANSWER: Yes.

6. If your agency did not successfully post all quarterly reports on FOIA.gov, please explain why 

and provide your agency’s plan for ensuring that such reporting is successful in Fiscal Year 2023. 

ANSWER: N/A

7. The FOIA Improvement Act of 2016 requires all agencies to post the raw statistical data used 

to compile their Annual FOIA Reports. Please provide the link to this posting for your agency’s 

Fiscal Year 2021 Annual FOIA Report and, if available, for your agency’s Fiscal Year 2022 

Annual FOIA Report. 

ANSWER: NASA’s Annual FOIA Reports for Fiscal Years 2021 and 2022, including the raw 

data for each, can be accessed at the following website: https://www.nasa.gov/FOIA/annualreports.html. 

8. In February 2019, DOJ and OMB issued joint Guidance establishing interoperability standards 

to receive requests from the National FOIA Portal on FOIA.gov. Are all components of your 

agency in compliance with the guidance? 

ANSWER: Yes.

9. Optional -- Please describe the best practices used in greater utilizing technology and any 

challenges your agency faces in this area. 

ANSWER: N/A

SECTION V: STEPS TAKEN TO REMOVE BARRIERS TO ACCESS, IMPROVE 

TIMELINESS IN RESPONDING TO REQUESTS, AND REDUCE BACKLOGS

The Attorney General’s FOIA Guidelines instruct agencies “to remove barriers to requesting and 

accessing government records and to reduce FOIA processing backlogs.” Please answer the 

following questions to describe how your agency is removing barriers to access, improving 

timeliness in responding to requests, and reducing FOIA backlogs. 

A. Remove Barriers to Access 

1. Has your agency established alternative means of access to first-party requested records 

outside of the FOIA process? 

ANSWER: No 
2. If yes, please provide examples. If no, please indicate why not. Please also indicate if you do 

not know. 

ANSWER: NASA receives a nominal number of requests from requesters seeking their own 

records. Therefore, for these types of requests, NASA simply reviews the records and processes 

them under both the FOIA and Privacy Act to provide the widest possible access. 

B. Timeliness 

3. For Fiscal Year 2022, what was the average number of days your agency reported for 

adjudicating requests for expedited processing? Please see Section VIII.A. of your agency’s 

Fiscal Year 2022 Annual FOIA Report. 

ANSWER: 7.08

4. If your agency’s average number of days to adjudicate requests for expedited processing was 

above ten calendar days, according to Section VIII.A. of your agency’s Fiscal Year 2022 Annual 

FOIA Report, please describe the steps your agency will take to ensure that requests for 

expedited processing are adjudicated within ten calendar days or less. 

ANSWER: N/A 

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

ANSWER: Yes. NASA uses a multi-track system and has a separate track for simple 

requests.

6. If your agency uses a separate track for simple requests, according to Annual FOIA Report 

section VII.A, was the agency overall average number of days to process simple requests twenty 

working days or fewer in Fiscal Year 2022? 

ANSWER: Yes. The agency overall average number of days to process simple requests was 

10.88 working days in Fiscal Year 2022. 

7. If not, did the simple track average processing time decrease compared to the previous Fiscal 

Year? 

ANSWER: N/A 

8. Please provide the percentage of requests processed by your agency in Fiscal Year 2022 that 

were placed in your simple track. Please use the following calculation based on the data from 

your Annual FOIA Report: (processed simple requests from Section VII.C.1) divided by 

(requests processed from Section V.A.) x 100. 
ANSWER: 31.77%

9. If your agency does not track simple requests separately, was the average number of days to 

process all non-expedited requests twenty working days or fewer? 

ANSWER: N/A.

C. Backlogs 

BACKLOGGED REQUESTS 

10. If your agency had a backlog of requests at the close of Fiscal Year 2022, according to 

Annual FOIA Report Section XII.D.2, did that backlog decrease as compared with the backlog 

reported at the end of Fiscal Year 2021? 

ANSWER: No. NASA’s backlog was 28 at the end of FY 2021, and 38 at the end of FY 2022.

11. If not, according to Annual FOIA Report Section XII.D.1, did your agency process more 

requests during Fiscal Year 2022 than it did during Fiscal Year 2021? 

ANSWER: Yes. NASA processed 775 requests in FY 2021, and 982 requests in FY 2022.

12. If your agency’s request backlog increased during Fiscal Year 2022, please explain why 

and describe the causes that contributed to your agency not being able to reduce its backlog. 

When doing so, please also indicate if any of the following were contributing factors: 

 An increase in the number of incoming requests A loss of staff 

 An increase in the complexity of the requests received (if possible, please provide 

examples or briefly describe the types of complex requests contributing to your 

backlog increase) 

 Impact of COVID-19 and workplace and safety precautions 

 Any other reasons – please briefly describe or provide examples when possible 

ANSWER: NASA received several complex FOIA requests in fiscal year 2022 seeking a 

voluminous amount of records. The information NASA had to process included information 

from other agencies requiring extensive consultations with many stakeholders. These FOIA 

requests are extremely time consuming and pose a great challenge to NASA, especially when 

voluminous records are involved. As a result of the complexity of these requests, NASA 
continues to process some of the FOIA requests that were received in fiscal year 2022 in the 

current fiscal year (2023). 

13. If you had a request backlog, please report the percentage of requests that make up the 

backlog out of the total number of requests received by your agency in Fiscal Year 2022. Please 

use the following calculation based on data from your Annual FOIA Report: (backlogged 

requests from Section XII.A) divided by (requests received from Section V.A) x 100. This 

number can be greater than 100%. If your agency has no request backlog, please answer with 

“N/A.” 

ANSWER: 3.83%

BACKLOGGED APPEALS 

14. If your agency had a backlog of appeals at the close of Fiscal Year 2022, according to 

Section XII.E.2 of the Annual FOIA Report, did that backlog decrease as compared with the 

backlog reported at the end of Fiscal Year 2021? 

ANSWER: Yes. NASA had a backlog of 8 appeals at the end of FY 2021, and 6 at the end of 

FY 2022.

15. If not, according to section XII.E.1 of the Annual FOIA Report, did your agency process 

more appeals during Fiscal Year 2022 than it did during Fiscal Year 2021? 

ANSWER: N/A

16. If your agency’s appeal backlog increased during Fiscal Year 2022, please explain why and 

describe the causes that contributed to your agency not being able to reduce its backlog. When 

doing so, please also indicate if any of the following were contributing factors: 

 An increase in the number of incoming appeals 

 A loss of staff 

 An increase in the complexity of the requests received (if possible, please provide 

examples or briefly describe the types of complex requests contributing to your backlog 

increase) 

 Impact of COVID-19 and workplace and safety precautions 

 Any other reasons – please briefly describe or provide examples when possible 

ANSWER: Although NASA’s FOIA appeals did decrease this fiscal year compared to last year, 

the agency did face challenges reducing the backlog. FOIA appeals are reviewed by attorney 

advisors who advise on FOIA matters and a variety of other legal areas. Litigation related to 
COVID-19 and the multitude of legal questions related to COVID-19 created a significant 

demand on attorney resources. This demand, coupled with reduced attorney personnel during this 

time, caused a backlog of appeals for this reporting year.

17. If you had an appeal backlog please report the percentage of appeals that make up the 

backlog out of the total number of appeals received by your agency in Fiscal Year 2022. Please 

use the following calculation based on data from your Annual FOIA Report:(backlogged appeals 

from Section XII.A) divided by (appeals received from Section VI.A) x 100. This number can be 

greater than 100%. If your agency did not receive any appeals in Fiscal Year 2022 and/or has no 

appeal backlog, please answer with “N/A.” 

ANSWER: 66.67%

D. Backlog Reduction Plans 

18. In the 2022 guidelines for Chief FOIA Officer Reports, any agency with a backlog of over 

1000 requests in Fiscal Year 2021 was asked to provide a plan for achieving backlog reduction in 

the year ahead. Did your agency implement a backlog reduction plan last year? If so, describe 

your agency’s efforts in implementing this plan and note if your agency was able to achieve 

backlog reduction in Fiscal Year 2022? 

ANSWER: NASA did not implement a backlog reduction plan last year because its backlog in 

Fiscal Year 2022 was less than 1,000 requests.

19. If your agency had a backlog of more than 1,000 requests in Fiscal Year 2022, please explain 

your agency’s plan to reduce this backlog during Fiscal Year 2023. 

ANSWER: N/A. NASA’s backlogged cases reported in the 2022 Annual Report are less than 

1,000. 

E. Reducing the Age of Requests, Appeals, and Consultations 

TEN OLDEST REQUESTS 

20. In Fiscal Year 2022, did your agency close the ten oldest pending perfected requests that 

were reported in Section VII.E. of your Fiscal Year 2021 Annual FOIA Report? 

ANSWER: Yes. 

21. 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 SectionVII.E of your Fiscal Year 2021 Annual FOIA Report. If you 

had less than ten total oldest requests to close, please indicate that. 

ANSWER: N/A. 
22. Beyond work on the ten oldest requests, please describe any steps your agency took to reduce 

the overall age of your pending requests. 

ANSWER: The Principle Agency FOIA Officer works to reduce the age of pending requests by 

re-distributing pending cases from FOIA specialists experiencing heavy work volumes to other 

FOIA specialists with lesser caseloads. However, due to the receipt of several very complex 

FOIA requests with voluminous records, NASA faced challenges reducing the overall age of 

NASA its pending requests. 

TEN OLDEST APPEALS 

23. In Fiscal Year 2022, did your agency close the ten oldest appeals that were reported pending 

in Section VI.C.5 of your Fiscal Year 2021 Annual FOIA Report? 

ANSWER: No. 

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

the fiscal year, as listed in SectionVII.C.(5) of your Fiscal Year 2021 Annual FOIA Report. If 

you had less than ten total oldest appeals to close, please indicate that. 

ANSWER: NASA closed 4 of the 8 FOIA appeals reported as pending at the end of FY 2021. 

NASA encountered challenges closing all 8 of those appeals for the reasons explained in 

response to question 16 of this section. 

25. Beyond work on the ten oldest appeals, please describe any steps your agency took to reduce 

the overall age of your pending appeals. 

ANSWER: As indicated in response to question 16 above in this section, NASA’s Office of the 

General Counsel (OGC) reviews FOIA appeals. NASA OGC faced challenges in reviewing 

FOIA appeals because of other COVID related work and litigation. NASA OGC plans to focus 

on its ten oldest appeals and endevors to process as many appeals as the office receives in this 

fiscal year. 

TEN OLDEST CONSULTATIONS 

26. In Fiscal Year 2022, did your agency close the ten oldest consultations that were reported 

pending in Section XII.C. of your Fiscal Year 2021 Annual FOIA Report? 

ANSWER: NASA did not have any pending consultations from FY 2021. 

27. If no, please provide the number of these consultations your agency was able to close by the 

end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2021 Annual FOIA Report. 

If you had less than ten total oldest consultations to close, please indicate that. 
ANSWER: N/A 

ADDITIONAL INFORMATION REGARDING TEN OLDEST 

28. If your agency did not close its ten oldest pending requests, appeals, or consultations, please 

explain why and provide a plan describing how your agency intends to close those “ten oldest” 

requests, appeals, and consultations during Fiscal Year 2023. 

ANSWER: One of the biggest challenges NASA faces is that the nature of its work is 

inherently collaborative with other agencies, state/local governments, international partners, and 

companies. Thus, records responsive to NASA FOIA requests frequently require extensive 

consultations with numerous other stakeholders. These FOIA requests are extremely time 

consuming and pose a great challenge to NASA, especially when voluminous records are 

involved. The Principle Agency FOIA officer reviews and meets with FOIA 

analysts about their FOIA cases to discuss strategies to improve the FOIA program, reduce 

the FOIA backlog, and speed up the processing of requests. This also sometimes requires 

additional discussions with FOIA requesters to explain the challenges faced by FOIA analysts in 

processing a backlogged request. Sometimes these discussions help requesters to narrow the 

scope of their requests or agree to the records NASA produced for interim releases. NASA plans 

to continue this process to close some of its pending requests. 

F. Additional Information about FOIA Processing 

29. Were any requests at your agency the subject of FOIA litigation during the reporting period? 

If so, please describe the impact on your agency’s overall FOIA request processing and backlog. 

If possible, please indicate the number and nature of requests subject tolitigation, common 

causes leading to litigation, and any other information to illustrate the impact of litigation on 

your overall FOIA administration. 

ANSWER: During fiscal year 2022 NASA continued working on one FOIA litigation from last 

year’s reporting period. The records responsive to this FOIA request required a great deal of 

consultation with other agencies and stakeholders. 

30. How many requests during Fiscal Year 2022 involved unusual circumstances as defined by 

the FOIA? (This information is available in your agency’s FY22 raw data).

ANSWER: NASA invoked a 10-day extension for 162 FOIA requests due to unusual 

circumstances during FY 2022.