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CREW I citizens for responsibility
and ethics in washington

January 22, 2007.

By fax, (Z02) :358-4331, and U.S. Mail

FOlA Officer ._. -- . - - --

NASA Headquarters
~nn F. ~treet, S. W.
Room 9R35
VV~on.D.C.20546

Re: Freedom of InformatioD Act Request

Dear Sjr/Madam:

Citizens for Responsibility and Ethics in Washington ("'CREW'') makes this request for
records, regardless of formAt., medium. or physical characteristics. and including electronic
records and infonnation, audiotapes, videotapes and photographs, pursuant to the Freedom of
Infonnation Act ("FOIA"). 5 U.S.C. ~§ 552, ~ ~., and National Aeronautics and Space
Administration ("NASA'') Regulations, 14 C.F.R. §§ 1206.100 et~.

Specifically, CREW seeks any and all documents and ·records in any form from any office
within NASA, its agencies. offices, and components. from January 20,. 2001, to the present, as
described in thE: categories below.

I. All documents and records addn:.sllin~ IDl:lUY way funding of NASA's earth soience
budget, including, but not limited to:

a) aU aspects of NASA's Earth Observing System (EOS);

b) ('AnC'.eIlAt1on of the Hydros mission to measure soil moisture; I
c) delays in the Global Precipitation Mission C'GPM'); and op~ ~ 0 lD
d) Research and Analysis ("R&A") Program cuts.

2. All documents and records indicating the views ofNASA scientists about the impact on
earth-observation programs ofredistributioD of NASA funds to the Mars Exploration
Program (or any other Mars-related program). ~L;gf?tFW'\ ~ En~.- Pi{):t \
3. All documents and records addressing funding of NOAA's National Polar-orbiting ltt"J..crDCt,
OpmiliumU ~UVllvIUll:n1al Satellite System (''NI'OESCO''), including, but not limited to: kA"1
.?Z-~L '2..
otfL-010
T· JAN,2 2 .2097
~.l it· lQJ-f-J
]400 Eye Street, NW., Suite 450. Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fal( VNIW. citizellsforethics.org
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'01i22/2S07 11:33 282588se( . PAGE 02/84

a) cancellation of the Coriical Scanning Microwave Imager/Sounder ("CMJS")

instruments that were to be deployed on NPOESS;
b) "descoping" from the NPOESS C I launch of passive mt:~\..IIl;Ult:I1~ of o~jI{l ~ctorll,el'o4.0
.winds and all-weather sea surface temperatures (ES-5); f·.3 0-+ '~A'~Q
c) limb sounding capacity of the Ozone Monitoring IU1d Profiling S~itc (OMPS) on
NPOESS (E5-5); and
d) mcnsurcments of total solar irradiation and EsrtIi radiation (at ES-5).

4. AIl docl1mp.nt_~ and recordc; regarding the decision not to include -a land~imagin~ sensor on- ­
NPOESS in order to make the Landsat spacecraft operational. . ' .

5. All documents and records regardine decisions that resulted in declines in previously

planned capability of NOAA's polar and geostatiowuy satellite programs.

6. All documents and records regarding the decision not to proceed with NOAA' 3

previously plann.ed capability to make high tempunU HOd vertical-resolution

measurements of temperature and water vapor from geosynchronous orbit. (ES-5)

Plt:~c $eatch l'espollsivc rc;c.ords Tegardless of format. medium) 'or phyaiccU

characteristics. Where possible, please produce records electronically, in PDF or tr.F format oD. a

CD-ROM. We seek records of any kind, including electronic reJ:Ords. a\JdiotApe.(l, videotapes,

and photographs. Our request includes any telephone messages, voice mail .messages, daily

. agendils ~ncf ealend:rn\. infonnation about scheduled meetingS and/or discussions, whether in­
person or over the telephone) agendas for those meetings and/or discussions, paIticipan.~
included in those meetings andlor discussions, minutes of any such meetings and/or disCussions,
the topics discussed at those meetings and/or discussions, e-mail regarding meetings and/or
discussions. e-mail or facsimiles sent as a result of those meetings and/or discussions, and
transcripts or notes of any such meetings and/or discussions.

If it is your position that any portion of the requested records is exempt from disclosure,

CRRW requests that you provide it with an index. of those documents as required under Vaughn

v. Rosen, 484 F.2d 820 (D-c. Cir. 1973),~. denied. 415 U.S. 917 (1972). As you are aware, a
Vaughn index must describe each docwnent claimed as exempt with sufficient specificity "to
permit a reasoned judgment a5'to whether the material is actually exempt under F01<\."
Founding Church of Scientology v, Bell 603 F.2d 945.949 (D.C. Cir. 1979). Moreover, the
Vaughn index must "describe each document or portion thereof withheld.. and tor each
withholding it must discuss the consequences of supplying the sought-after infonnatioD." King
v. U.S. Dep't opustice, 830 f.2d 210, 223-24 (D.C. Cir. 1987) (empha:lb l:IlIt1~). Fwthcr, "the
'withholding' agency must supply 'a relatively detailed justification, specifically identifYing the
L~On.s why a particular exemption is relevant and cOlTelating those claimg with the particular
part of a withheld document to which they apply. J)J M.. at 224 (giJ;ing Mead Data Central v. U.S.
D~ B't of the Air Forc.~. 566 F.2~ 242. 251 (D.C. Cir. 1977).

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In the event that some portions of the requested records are properly exempt from
disclosure, please disclose any reasonably segregable non-exempt portions of the requ~ed
records. ~ 5 U.S.C. § .552(b). If it is your position that a documcllL wnlaln$ non-QCornpt
segments, but that those non-exempt segments are so dispersed throughout the document as to
make segregation impuliliible, pLease state; what portion of the document is non-exfrtnpt, and how
the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims
ofnonsogrcgability must be made with th~ same dogree of detail as required for cJaims of
c:xemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is
not reasonable to segregate portinn~ of the record for release. - ' .- -. • . ­

Fee Waiver Request

In accordance v.ith 5 U.S.C. § 552(a)(4)(A)(iii) and 14 C.F.R. § 1206.702, CREW

requests a waiver offees associated with procc;ssing this request for records. The subject of this
request concerns the operations of the federal gove~nt, and the discloSures will likely
contribute to a better understanding of relevant government procedures by CREW and the
general publio in a significant way. Moreover, the request is primarily and fundamentally for
non-commercial pwposes. S U.S.C. § 552(a)(4)(A)(iii). See. e.g., McClellan Ecological v.
Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987). Specitical1y, these records are likely to contribute
to the public's understanding of the Bush administration's decisions to reduce funding of
scientific programs which KCfc(,;Lc:c.1 aud will continuo to affect the ability of the U.S. govcmment
to analyze and predict hurricanes and other natural disasters, as well as global climate change.

CREW is a non-profit corporation, organized under section SO l(c)(3) of the Internal

Revenue Code. CREW is committed to protecting the citizens' right to be aware of the activities
ofgovcmment officials and to ensuring the integrity of those officials. CREW is dedicated to
empowering citizens to have an influential voice in government decisions and fn the government
decision-making process. CREW uses a combination ofresearch, litigation, and advocacy to
advance its mission.. The release of information garnered through Lhi:s rcquc:~1 is not jn CREW's
financial interest. CREW will analyze the information responsive to this request and intends to
share its analysis with the public, either through mcmomndQ, reports, or press releases. CREW
has an established record of carrying out these types of activities, as evidenced through its
website, www,citizensforethiC'.c::.nrp, \.urrently, the CRF.W website contains links to thousands of
pages ofdocuments acquired from multiple FOIA requests. ~
htto:llcitizem{Qr.ethics.o:r.g!acj:ivities/foia.php. Visitors to CREW's website can peruse the FOIA
request letten, responses from government a.gencies, and a 'growing number ofdocuments
responding to FOIA requestS. CREW's Open Community Document Review System allows the
general public to view and review thousands ofpages ofmaterial CREW has obtained through its
FOIA requests. See http;flfoia.citize.nsfotethics.orgfabout. The CREW website also includes
documents relating to CREW's FOIA litigation.

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Under these circumstances, CREW fully satisfies the criteria for a fee waiver.

Conclusion

Please respond to this request in writing within twe!lty (20) working days as required
und.er 5 U.S.C. § 552(11)(6)(A)(l). If all uf the rc:qut:51ct! uoCumcm~ an: nul avllila.ble: willJiu thl11
time period, CREW reqacsts that you provide it with all rcquesteddocuments or portions of _ _
documents which are ,available within that time period.

Ifyau have any questions about this request or foresee any problems in releasing fully the
requested records within the twenty-day period, please call Dan Roth at (202) 408-5565. Also, if
CRI:::W'srequest for a fee waiver is not granted in full, please contact our office immediately
upon making such determination. Please send the requested documents to Dan Roth, Citizens for
R~POllSibjlity and Ethics jn Washington, 1400 Eye: Strc;l;l, N.W., Suite; 450, Wusbingt01.l, D.C.
20005.

Sincerely,

Daniel C. Roth
Counsel