5 oldest FOIA requests (Defense Contract Management Agency)

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by your personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.

When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

I am a member of the news media. I will be taking the information you provide and turning that information into a unique product using my editorial skills. I have the ability and a successful track record of publishing my work to an audience of the general public. I have an agreement with MuckRock.com to write articles concerning FOIA issues which will be published on their website. Furthermore, I have already written about Freedom of Information and MuckRock.com has published that article in the past to further demonstrate that news media is the appropriate fee category.

The Defense Contract Management Agency has failed to meet a statutory deadline in processing this request and is no longer able to charge any fees for searching and is no longer able to charge duplication fees for news media requesters per the 2007 amendments to the FOIA.

We are hereby requesting a waiver of all fees in accordance with our status as a representative of the news media. I have an agreement to publish FOIA related stories with MuckRock.com, MuckRock.com has the ability to disseminate information on a wide scale, and intends to use information obtained through FOIA in original works. According to 5 U.S.C. § 552(a)(4)(A)(ii), codifying the ruling of Nat’l Security Archive v. Dep’t of Defense, 880 F.2d 1381 (D.C. Cir. 1989),

the term ‘a representative of the news media’ means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience

I have clear intent to “publish[ ] or otherwise disseminate[ ] information to the public.” Id. at 1386 (quoting the following legislative history: 1) “It is critical that the phrase ‘representative of the news media’ be broadly interpreted if the act is to work as expected. . . . In fact, any person or organization which regularly publishes or disseminates information to the public . . . should qualify for waivers as a ‘representative of the news media.’” 132 Cong. Rec. S14298 (daily ed. Sept. 30, 1986) (emphasis in original quotation); 2) “A request by a reporter or other person affiliated with a newspaper, magazine, television or radio station, or other entity that is in the business of publishing or otherwise disseminating information to the public qualifies under this provision.” 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original quotation)). MuckROck.com, where the information received through our FOIA requests will be posted for all to review, can be accessed at http://www.MuckRock.com. In addition, I also intend to use information obtained through this FOIA in a unique work using editorial skills to be published on MuckRock.com. I personally have already published information received through FOIA in this manner. Therefore, in accordance with the Freedom of Information Act and relevant case law, I should be considered a representative of the news media. Similarly, our request for a public interest fee waiver should be granted, for the reasons elucidated below.

There can be no question that the information sought would contribute to the public’s understanding of government operations or activities and is in the public interest. FOIA is one of the key mechanisms by which the American public can access government information, but very little is known about the behind-the-scenes processing of requests, especially in such agencies as yours. What factors are considered and what weight is assigned them will significantly contribute to the public’s understanding of government operations and activities, and by analyzing this representative sampling of FOIA requests I will be able to synthesize this information into a form that current and future FOIA requesters will find useful.

In addition, with respect to the specific requirement that I must demonstrate an expertise in the subject area in order to satisfy the fee waiver criterion that disclosure of the requested information must contribute to the understanding of the public at large, I personally have studied FOIA requests and agency responses, have written about them and this writing has been published to the general public.

Donna V. Williamson,

This is a FOIA appeal. You provided me with an adverse determination but did not provide me with the proper details to file an appeal, in violation of the FOIA. Please ensure this FOIA appeal reaches the appeal authority. Please confirm when this appeal is accepted.

On December 9, 2010 I submitted a FOIA request to the Defense Contract Management Agency. On December 15, 2010 Kimberly Turner responded and assigned the request control number 11-037.

On March 29, 2011 Donna V. Williamson informed me that I was placed in the fee category “other.” I responded to this with a complete explanation as to why search fees are inappropriate due to a failure to meet the 20 day time limit (see 5 USC 522(a)(4)(A)(viii)). I appeal the adverse determination of assigning my request to the “other” fee category. I should be assigned to the news media fee category. I stand upon the information provided in my April 7, 2011 response which justifies the news media fee category.

"a representative of the news media is, in essence, a person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience."
I gather information of potential interest to a segment of the public, namely information concerning the processing of FOIA requests. The information requested is specifically for this news gathering purpose.

I use my editorial skills to turn this material into a distinct work and plan to do so with the information requested in this FOAI request. You can view two examples of taking raw data and turning them into a distinct product using editorial skills:
http://www.muckrock.com/blog/tick-tick-tick-running-the-clock-down-on-fees/
http://www.muckrock.com/blog/requestors-voice-in-bullhead-city-arizona-freedom-of-information-reform-slow-going/

These examples also show that my work is distributed to an audience. I have an agreement with MuckRock to provide news stories concerning the Freedom of Information Act. I plan to do the same with the information received as a result of this FOIA request.

Furthermore, Donna V. Williamson informed me of “unusual circumstances” on April 18, 2011. This is well after the 20 day limit to inform a requester of unusual circumstances set in the FOIA. Therefore 5 USC 522(a)(4)(A)(viii) applies and the ability to charge fees should be subject to this clause in the FOIA.

Please process this request by billing according to the news media fee category and by limiting fees per 5 USC 522(a)(4)(A)(viii).

Regards,
Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hi,

The best address is:

MuckRock News
DEPT MR 296
PO Box 55819
Boston, MA 02205-5819

Thanks!

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Thank you for the update. The first interim response was received.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Please do not close the request, it was incorrectly marked on the website. Thanks!

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 9, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.