5 oldest FOIA requests (DOC)

Jason Smathers filed this request with the Department of Commerce of the United States of America.
Tracking # DOC-NIST-2013-000663
Status
Completed

Communications

From: Jason Smathers

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

From: MuckRock.com

I wanted to follow up on the below request. A letter was sent, but no acknowledgement letter was ever received.

Thanks for your help. If this request needs to be directed elsewhere, please let us know where.

From: Parsons, Bobbie

Hi Mr. Smathers,

Your request says on "Dec. 13, 2010", I had the Departmental FOIA Officer check her logs for "2010" and we have no record of receiving this FOIA request.

Was it supposed to be "Dec. 13, 2012"?

Just trying to get some clarification so that I can help you with who received your FOIA request.

From: Jason Smathers

Here is a copy of my request including the date it was sent. Please provide the status of the request. If a case is not open, please open one.

From Jason Smathers on Dec. 13, 2010:
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

From: foia@erulemaking.net

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: Tracking Number: DOC-OS-2013-000663 Requester Name: Jason Smathers Date Submitted: Mon Mar 11 00:00:00 EDT 2013 Request Status: Submitted Description: All records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanation, etc. made by your personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters.

From: Catherine Fletcher

From: Catherine S. Fletcher

Jason,

Will you please give me a call at 301-975-4054 or give me a number that I can call you to get clarification on your request?

FOIA attached.

Thank you.


Catherine S. Fletcher
Director
Management and Organization Office
National Institute of Standards and Technology
301-975-4054

From: Yonder, Darla

Mr. Smathers,

The NIST FOIA Office has not heard back from you regarding the attached Freedom of Information Act (FOIA) request received at NIST for processing.

Please give Catherine S. Fletcher (NIST FOIA Officer) a call on 301-975-4064 or provide us with a phone number that you can be reached on.

From: Fletcher, Catherine

Please give us a call regarding your FOIA request on 301-975-4054 or provide us with a phone number and possible times that we can reach you.

Thank you.

From: Fletcher, Catherine

From: Fletcher, Catherine

I tried to contact you several times to clarify the request.

Without the clarification we are unable to process your request.

Please contact me by May 31, 2013 or we will assume you are no longer interested and will close out your request.

Thank you.

From: Jason Smathers

Hello,

I just tried calling and did not get an answer. Could you please outline the clarification you need?

Thank you.

From: Fletcher, Catherine

My phone number is 301-975-4054.

Your request is voluminous and needs clarification.

From: Jason Smathers

I am still waiting on this request. I have offered to clarify this request before. I have been unable to reach you by telephone. Please know that numerous agencies have been able to respond to this exact request. You are the only one who contends that my request is "voluminous and needs clarification."

Please provide the results as soon as possible.

Thanks.

From: Fletcher, Catherine

My phone number is 301-975-4054. I have a voice mail if I am not in my office. I would like to get clarification on your FOIA request. As it may be voluminous, talking through what you require may be helpful.

I will be happy to call you if you have a number.

Thank you.

From: Jason Smathers

I am sorry that we have not been able to connect on the telephone, but we should not let scheduling conflicts delay this FOIA request by more months or years. As requested before, can we please communicate in writing?

From: Department of Commerce

A first set of responsive documents from the agency, with more to be sent at a specified date.

From: Department of Commerce

A cover letter granting the request and outlining any exempted materials, if any.

From: Yonder, Darla

Mr. Smathers,

I am in the process of preparing the first interim response to your FOIA request # DOC-NIST-2013-000663, however a mailing address is needed. Please provide me with an address where responses may be sent.

Thank you,

Darla Yonder

NIST FOIA Office

From: MuckRock

Hello,

The mailing address is:

MuckRock News
Dept MR349
PO Box 55819
Boston, MA 02205-5819

Thank you.

From: Yonder, Darla

Thank you very much

Darla

From: foia

Mr. Smathers,

The NIST FOIA Office has tried to reach you several times regarding your FOIA Request, #DOC-NIST-2013-000663. The daytime telephone number (#617-299-1832) you provided does not reach you.

November 15, 2013, NIST mailed to your attention 151 documents, consisting of 228 pages that were released in their entirety. The remaining documents require outside reviews for disclosure determinations on records not authored by NIST. You mentioned in a voice mail message left for the FOIA Officer that you would review the materials received and determine if they are sufficient.

Please provide a number that you can be reached or please call the FOIA Officer, Catherine S. Fletcher on 301-975-4054 to discuss your request.

Thank you,

Darla Yonder

NIST FOIA Office

From: Jason Smathers

I would like the remaining documents that are pending third party reviews. Please let me know when they are available. Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DOC-OS-2013-000663.

Thank you for your help.

From: foia

Mr. Smathers,

The NIST FOIA Officer is requesting for you to provide a phone number and the "best time to call" you to discuss this FOIA Request. Your assistance in this request is appreciated.

Thank you,

Darla Yonder

NIST FOIA Office

Please note, the FOIA Request number assigned to your request is #DOC-NIST-2013-000663, not DOC-OS-2013-000663.

From: Jason Smathers

I just left a voice mail at the provided phone number. I'm happy to respond to questions via email, which is the easiest way to communicate. Perhaps you can let me know what you need help with? Thanks.

From: foia

Mr. Smathers,

Would it be possible for you to call the FOIA Officer at 2:00 pm to discuss your FOIA request (DOC-NIST-2013-000663)? The phone number is 301-975-4054. Mrs. Fletcher was unavailable and missed your call from earlier today.

Thank you,

Darla Yonder

NIST FOIA Office

From: Department of Commerce

A copy of documents responsive to the request.

From: Department of Commerce

A cover letter granting the request and outlining any exempted materials, if any.

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