The term initial determination refers to a decision made by a NASA official regarding a public request for access to agency records. This determination assesses whether the requested record can be identified and located after a reasonable search. It also decides if the record, or parts of it, will be made available to the requester or withheld from disclosure based on specific exemptions.
This term is primarily used in the context of federal regulations governing public access to records held by NASA. It falls under the Freedom of Information Act (FOIA), which allows individuals to request access to federal agency records. Understanding initial determinations is essential for anyone seeking information from NASA, as it outlines the agency's obligations and the requester's rights.
Here are a couple of examples of abatement:
Example 1: A researcher submits a request for data on a specific NASA project. The NASA official conducts a search and determines that the records exist. They decide that some portions can be released, while others are exempt due to national security concerns.
Example 2: A journalist requests access to internal communications regarding a NASA mission. After reviewing the request, the official concludes that the records cannot be located after a thorough search, leading to a denial of the request. (hypothetical example)
The primary law governing initial determinations is the Freedom of Information Act (5 U.S.C. § 552), which establishes the public's right to request access to federal agency records. Additionally, NASA's specific regulations can be found in 14 CFR Part 1206.
| Term | Definition | Difference |
|---|---|---|
| Final Determination | A conclusive decision on the status of a record after all appeals. | Initial determination is preliminary, while final determination concludes the process. |
| Exemption | Specific reasons under law for withholding records. | Exemptions are criteria used in the initial determination process to decide on disclosure. |
If you wish to request records from NASA, begin by clearly identifying the records you seek. Submit your request in writing, following NASA's guidelines. If your request is denied, you have the right to appeal the initial determination. For assistance, consider using US Legal Forms' templates to draft your request or appeal.
| Attribute | Details |
|---|---|
| Typical Response Time | Varies, but generally within 20 business days. |
| Jurisdiction | Federal (NASA records). |
| Possible Outcomes | Approval, partial approval, or denial. |
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It is a decision by a NASA official on whether requested records can be located and if they will be disclosed.
