NATIONAL ARCHIVES

November 28, 2011 Anne Weismann Citizens for Responsibility and Ethics in Washington 1400 Eye Street, NW Suite 450 Washington, DC 20005 Re: Freedom of Information Act Request NGC 11-198 Dear Ms. Weismann: I am further responding to your Freedom of Information Act (FOTA) request of June 24, 2011. Your request was received in the Office of General Counsel on June 27, 2011, and assigned tracking number NGC11-198. I apologize for the delay in responding to you. In your request, you sought access to the following records: 1. All records related to interviews NARA conducted with agencies that use cloud computing services at NARA described in the answer to question 5 in NARA Bulletin 20 10-05; On September 13, 2011, we released to you 1 document in full consisting of 1 page. For the remaining 231 pages, I have made the following determinations. Thirty-one pages are released to you in full and are enclosed. One hundred and ninety-nine pages are withheld in full and one page withheld in part and released in part pursuant to the following exemptions of the FOIA: 5 U.S.C. 552(b)(5), the deliberative process privilege; 5 U.S.C. 552(b)(6), an unwarranted invasion of personal privacy.

I am informed that NARA staff conducted the interviews under a promise of confidentiality to the agencies themselves and their staffs, for the purpose of facilitating candid remarks. As such, the names of individuals interviewed have been withheld under (b)(6). Additionally, in light of the anonymity of the agencies involved being protected in the eventual guidance as issued, see NARA Bulletin 2010-05 (section 5), references to the names of the agencies involved, as well as the deliberative remarks of individuals regarding existing agency recordkeeping practices, as memorialized in those documents, have been withheld under (b)(5).

NATIONAL ARCHIVES

and

RECORDS ADMINISTRATION 860 ADELPHI ROAD COLLEGE PARK, MD 20740-6001

www.archives.gov

2. All records reflecting concerns about compliance with records management laws in a cloud computing environment between NARA and other federal agencies, including, but not limited to, conversations with officials and employees from the Army Corps of Engineers, the Department of Agriculture, the Department of Commerce, the Department of Energy, the Department of Health and Human Services, the Department of Interior, the Department of Labor, the Department of Veterans Affairs, and the Lawrence Berkeley National Laboratory, and National Oceanic and Atmospheric Administration; We found no records responsive to this portion of your request. 3. All records NARA relied upon to develop the answer to question 6 in NARA Bulletin 2010-05 regarding records management challenges associated with cloud computing; On September 13, 2011, we released to you 8 documents in full consisting of 85 pages. For the remaining 102 pages, I have made the following determinations. Sixty-two pages are released to you in full and are enclosed. Forty pages are withheld in full pursuant to the following exemption of the FOIA: 5 U.S.C. 552(b)(5), the deliberative process privilege.

See response to Point 1, supra. 4. All records NARA relied upon to develop the guidelines for agencies to fulfill their records management responsibilities listed in the answer to question 7 of NARA Bulletin 2010-05; On September 13, 2011, we released to you 1 document in full consisting of 18 PowerPoint slides. For the remaining 142 pages and 21 PowerPoint slides, I have made the following determinations. Fifteen pages and 21 PowerPoint slides are released to you in full and are enclosed. One hundred twenty-three pages are withheld in full and four pages are withheld in part and released in part pursuant to the following exemption of the FOIA: 5 U.S.C. 552(b)(5), the deliberative process privilege.

See response to Point 1, supra. 5. All records NARA relied upon to develop the sample contract language provided in the answer to question 8 of NARA Bulletin 2010-05. We located 31 pages responsive to your request. After reviewing these pages, I have made the following determinations. Ten pages are released to you in full and are enclosed. Twenty-one pages are withheld in full pursuant to the following exemption of the FOIA: 5 U.S.C. 552(b)(5), the deliberative process privilege.

See response to Point 1, supra.

You may appeal the information withheld pursuant to the exemptions of the FOJA by writing to the Deputy Archivist (ND), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 within 35 days of the date of this letter explaining why you feel the withheld information should be released. Both the letter and the envelope should be clearly marked Freedom of Information Act Appeal. Please include the tracking number NGC 11-198 in your appeal letter.

Sincerely,

JAY 0L1N NARA Deputy FOIA Officer Office of General Counsel Enclosures: 1) CD-ROM 2) Textual records