5 USC 552(a)(1,2) documents

Sai filed this request with the Department of Justice - FOIA/PA Mail Referral Unit of the United States of America.
Tracking #

FOIA-2018-4166

Status
Rejected

Communications

From: Sai


Dear FOIA department:

This is a FOIA request for all records described by 5 U.S.C. § 552(a)(1, 2), as well as processing records for this request itself.

In particular, I request:

1. All:

a) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
b) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
c) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
d) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
e) each amendment, revision, or repeal of the foregoing.

… except that you may, at your discretion, exclude records published in the Federal Register.

2. All:
a) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
b) those statements of policy and interpretations which have been adopted by the agency;
c) administrative staff manuals and instructions to staff that affect a member of the public;
d) copies of all records, regardless of form or format that have been requested 3 or more times; and
e) a general index of the records referred to under subparagraph (D); and
f) current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and identified in paragraphs (A)-(E)

… except that you may, at your discretion, exclude records published in the Federal Register, or available on your online FOIA reading room.

For the purposes of this request, all terms above have the same meaning as they do in 5 U.S.C. § 552(a)(1, 2).

I also request:
3. all records relating to the fulfillment of this request

This part of the request is to be processed only AFTER you have completed processing all of the above parts. Do not conduct any search for records under this part earlier than that.

This part does not request that you create any new record; rather, it requests the records that you will have created in processing the above parts, and will therefore exist before you conduct the search for this part. See McGehee v. CIA, 697 F. 2d 1095, 1100-05 (D.C. Cir. 1983) (agency must use time-of-search cut-off date, not time-of-request).

For all responsive records, I also request:

1. all parts of the record (i.e. no portion of a record with some responsive portion may be considered "non-responsive");
2. all versions of the record, whether or not currently in use;
3. all record metadata, such as dates on which they were drafted, passed, went into effect, withdrawn, or similar events; person(s) / office(s) responsible; authors; IDs; revision numbers; etc.;
4. a detailed index of all claims of exemption/privilege, regardless of whether the record is claimed to be exempt in whole or in part;
5. access to inspect the record directly, in its native electronic format; and
6. if any classification applies, mandatory declassification review (MDR) under E.O. 13526, and the result of the MDR, including any declassified records.

For all requests above, the "cut-off date" is, at the earliest, the date that you conduct the search.

Please note that this request is made after the enactment of Public Law No. 114-185, S. 337 (114th), the FOIA Improvement Act of 2016 (FOIA IA). The revised statute, as specified in the FOIA IA, applies to this request. FOIA IA § 6. In particular, please note that:

1. you must provide electronic format documents, §§ 552(a)(2) (undesignated preceding text), 552(a)(2)(E) (undesignated following text), 552(a)(3)(B), and 552(a)(3)(C);
2. you may not specify an appeal duration less than 90 days, § 552(a)(6)(C)(A)(i)(III)(aa);
3. you may not withhold any record unless "the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection (b), or disclosure is prohibited by law", § 552(a)(8)(A)(i);
4. you must segregate and partially release records where possible, §§ 552(a)(8)(A)(ii) and 552(b) (undesignated matter following (b)(9)); and
5. you may not claim deliberative process exemption for records more than 25 years old, § 552(b)(5).

This request specifically excludes providing me with new copies of any records which have been already provided to me or published online for free (e.g. on the agency's online "reading room"), in full or identically to the form that would be provided to me under this request (i.e. with exactly the same format, redactions, and claimed exemptions).

This is only an exclusion on providing records under this request that are identical to those already provided to me or available online, and only if I am or have already been provided a link to the online version (if "available online").

This exclusion is only intended to limit unnecessary duplication or provision, not to limit what records are responsive to this request, nor to permit failure to disclose the location of a responsive record available online. If this exclusion would in any way increase the cost or duration to respond to this request, it is to be ignored to the extent it does so.

This request is to be treated as separate from all others that I have filed.

Please forward this request to the FOIA office of every agency component and subcomponent that may have responsive records for independent processing, with a copy to me.

This request includes any records held jointly by your agency in conjunction with any other agency and/or department, in interagency and/or interdepartmental systems of records, or by other agencies or third parties (including contractors) acting pursuant any agreement with your agency.

With the possible exception of the index of records claimed to be exempt or privileged, this request does not ask you to create new records. If you determine that a response would require creating a new record that you do not want to create, please first contact me by email with an explanation of what records you have that would most closely match the information requested and might be acceptable substitutes, so that we can reasonably tailor the request.

In particular, I specifically request that you do not create new documents in response to this request that are modifications of a digital record, such as page-view images, print views, scans, or the like. No such creation or substitution is authorized by FOIA or the Privacy Act.

However, if the same or similar records are held in both electronic and paper formats, this request includes both the paper and electronic versions. The paper version and the digital version are distinct records, and each may contain distinct information such as handwritten or other markings on the paper copy and embedded metadata in the electronic version.

Furthermore, to the extent that the native electronic format is proprietary or otherwise not in format accessible by widely available, open source software, I request that you also provide an export of the proprietary format into a standard, open format, as described below.

Please note that the FOIA requires you to service the maximum extent of my request that can be done via e.g. partial redaction of exempt material. If you believe some portions of a record to be exempt because it contains Sensitive Security Information (SSI, 49 CFR 15, 1520) or classified information (18 USC 798), please provide a version of the record redacted to the minimum extent necessary to remove exempt information (e.g. per 49 CFR 1520.15), along with adequate information to describe the reason for each specific exemption.

In order to help tailor my request, please provide an upfront estimate of the time and cost it will take to complete this request, broken down any significant factors that would affect cost to service, number of records in each category, and your estimate of how many records in the category are likely to be exempt.

Please provide me with incremental updates, with updated estimates for fulfillment of the remainder, rather than having the entirety of the request be blocked until fully completed.

In accordance with 5 USC 552(a)(3)(B, C) (E-FOIA), Rehabilitation Act § 508, and FOIA IA, please respond using native format, electronic, machine-processable, accessible, open, and well structured records to the maximum extent possible. This means, e.g.:

* native format records rather than PDFs or other conversions (note above re providing both native electronic records and scans of paper records, if both exist);
* individual files per distinct source record (e.g. one .msg file per email), named clearly using the record's identifier, title, and date, rather than a single file containing multiple concatenated records;
* records compliant with the Rehabilitation Act § 508, 36 CFR 1194.22, USAB ATBCB-2015-0002, and I​SO 14289­-1;
* fully digital text records rather than scans, rasterizations, or OCR;
* complete electronic records, as held on any computer (including phones, servers, backup servers, mail servers, workstations, etc.), including all headers and attachments, fully expanded e-mail addresses, full addresses for address "aliases", full lists for "distribution list" aliases, all embedded and external metadata, complete bitwise digital copies of the original file, all file headers, and all other file content;
* blackout rather than whiteout redactions, with every redaction marked with all exemption(s) claimed for that redaction;
* digital redactions rather than black marker or rasterization;
* lists and structured data as machine-processable spreadsheets (e.g. CSV, SQL, XSL) rather than word documents (e.g. DOC, PDF, TXT, RTF) or partial printouts (e.g. PDF);
* open format records (e.g. PDF, AVI, MPG) rather than proprietary format records (e.g. WordPerfect, Microsoft Advanced Systems Format (ASF)) (note above re providing both original, proprietary format records and open format records);
* scans rather than paper copies;
* digital audio/video files rather than physical tapes;
* upload to your Electronic Reading Room (or other publicly accessible server) rather than personal transfer (for all items other than the item requesting records related to me or my requests);
* email or (S)FTP file transfer rather than CD;
* email correspondence rather than physical mail; etc.

Multiple files may be sent in a combined, compressed form using standard ZIP, TAR, GZIP, BZIP2, and/or RAR formats, or sent as separate files, at your discretion.

However, do not use a password on any files, including ZIP files etc. If a password was present in the native format, leave it unaltered, send me the password.

If there are any files you prefer not to transfer by email (e.g. if they are more than 10MB), please upload them to me via the link listed below my signature.

Doing so is secure, completely free to you, and the files uploaded will go to me directly.

Please note that this request does not request that you physically "duplicate" records, as I do not want you to create any paper or other physical copy for me — I only want electronic versions (or scans, for records that are not fully available in electronic form). As such, I expect there to be no duplication related costs.

Furthermore, I specifically request access for inspection of the records, including direct electronic access, in native format, to any electronic records.

I am not currently willing to pay for servicing this request. I may be willing to pay if it is necessary; please send a detailed explanation of the costs and their statutory justification, and service the maximum extent of the request that can be done for free in the meantime.

I request that, pending fee waiver determination or appeal, you proceed with this request as if it were in the "other non-commercial requester" category.

This request is a qualified request for journalistic, public interest purposes (entitling me to fully waived fees). As such, I request public interest fee waiver and journalistic fee waiver.

1. I have no commercial interest in these records.

2. I am a representative of the news media and entitled to waiver of all search fees.

I intend and am able to host and publish all received records online to the general public at no charge, as well to publish highlights, analyses, summaries, commentaries, and other creative, original journalistic work about responsive records through multiple online publications, such as https://plus.google.com/+saizai, https://twitter.com/saizai, and https://s.ai/foia (among others).

I also have a standing agreement with BoingBoing to publish articles about these matters, under my byline, on boingboing.net.

I have previously made journalistic publication, extraction, commentary, and analysis based on my FOIA/PA requests, e.g. relating to TSA, DHS, DOJ, and USPS activities, which have gotten widespread public interest, attention, and comment, and resulted in secondary journalistic publications based on my original work. This includes publications such as The New York Times, Forbes, Bloomberg/BNA, ABC News/Fusion, RT America News, RightThisMinute, and BoingBoing. I intend to do the same with this request.

3. The records are of significant public interest, entitled to waiver of all duplication fees, since

a) as above, I both am able and intend to disseminate the files widely;
b) they would contribute greatly to the public understanding of the operations and activities of your agency, in that they are records that directly describe agency operations and activities, as well as the issues and matters described at the top of this letter;
c) they are not currently readily available;
d) their existence constitutes prima facie evidence of your agency's violation of Congress' explicit command in 5 U.S.C. § 552(a)(1, 2) that your agency publish all the primary requested records; and
e) Congress has statutorily mandated that they be published freely, i.e. made a statutory finding that they are records of such significant public interest that they must be published without any request.

4. As mentioned above, I am explicitly not asking for any physical duplication, but rather direct server-to-server file transfer or email (or posting on your website). The FOIA authorizes duplication fees strictly limited to your agency's actual costs, and mandates that your agency use the cheapest available requested methods. I consider the actual costs for server-to-server file transfer to be reasonably estimated by, e.g., Amazon S3's pricing (https://aws.amazon.com/s3/pricing/).

If you have any questions or updates about this request, please contact me by email.

Please ensure that all of your responses comply with § 508 of the Rehabilitation Act, 36 CFR 1194.22, and UESB NPRM ATBCB-2015-0002.

In particular, please make all correspondence pursuant to this request — including notification and responsive records — by email, with native electronic format records, as specified in the request. I do not authorize you to send anything to me by physical mail unless I specifically state otherwise.

My email address is sufficient for all response to this request, and I can provide you with free means of electronic transfer for records too large to email.

Do not respond using ZixCorp "Secure Mail" or any other method that "expires" records from being available. Use only actual email and direct attachments, unless I explicitly request otherwise.

Please let me know your tracking number(s) for this request upon receipt, as well as your specific estimated completion date. 5 USC 552(a)(7).

If you believe that any of the requested items are not reasonably described, or that you need any further information regarding my qualification for fee waivers, please be specific about what you consider vague and what questions I can answer that would clarify them.

This request is made via MuckRock. You may provide responsive records either directly to me (see below my sig), or via MuckRock, as described below.

Sincerely,
Sai (Note: Sai is my full legal name; I am mononymic.)
President, SaiCorp, Inc.
SaiCorp is an organization devoted to public interest journalism, government transparency and accountability, individuals' civil rights, and related issues.

NOTE: This request is made on behalf of both myself, Sai (in personal capacity) and SaiCorp, Inc. (in official capacity).

Phone: +1 510 394 4724 (please leave voicemail if I do not pick up)
Email: foia@saizai.com
Upload link: https://www.dropbox.com/request/kbR4D5SjIrVxm1eE4uHn
Other identifiers for search purposes: "Sai", "saizai", "SaiCorp", "saizai.com", "s.ai", "i@s.ai", "legal@s.ai", "dccc@s.ai", "foia@saizai.com", "tsa@saizai.com", "saizai@gmail.com"
Physical mail: 500 Westover Dr. #4514, Sanford, NC 27330

NOTE: Do not physically mail responsive records without my explicit request. Send all records in native electronic form, as described above.

From: MRUFOIA Requests

Please see the attached response to your FOIA request. Please note, your request has been assigned tracking number EMRUFOIA092117.

From: Sai

Thank you for your email.

1. To clarify, my request applies to DOJ HQ / Main Justice.

2. For definitions and clarification of the terms used in my request, I refer you to the DoJ's FOIA Guide: https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/proactive-disclosures.pdf

What I have requested is simply all records that are described by 5 USC 552(a)(1), (2), which you have not yet published in the FR (for (a)(1)) or either the FR or your online FOIA reading room (for (a)(2)), i.e. for which you have already violated the statute's affirmative requirement for proactive disclosure.

You need not respond as to any records which *are* properly published on the FR (for (a)(1)) or FR / online FOIA reading room (for (a)(2)).

Ideally, your response would be to certify that you have no responsive records because you have already published all of them — i.e. that you have fully complied with the proactive disclosure requirements.

However, if you have not, then my request requests all such records.

Sincerely,
Sai

From: Department of Justice - FOIA/PA Mail Referral Unit

Please see the attached response to your FOIA request. Please note, your request has been assigned tracking number EMRUFOIA102417-5.

From: Department of Justice - FOIA/PA Mail Referral Unit

An interim response, stating the request is being processed.

From: Department of Justice - FOIA/PA Mail Referral Unit

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2816db433)
* Tracking Number: DOJ-2018-000573
* Requester Name: Sai n/a
* Date Submitted: 11/01/2017
* Request Status: Submitted
* Description: foia request

From: Department of Justice - FOIA/PA Mail Referral Unit

November 2, 2017

Sai

MuckRock News
411A Highland Ave
DEPT MR 43180
Somerville, MA 02144-2516

Re: Freedom of Information Act Request: OPA FOIA 2018-274523 (No Record)

Dear Sai:

This correspondence is in response to your Freedom of
Information Act (FOIA) request dated and received in the Office of the
Pardon Attorney (OPA) on November 1, 2017. Pursuant to the Freedom of
Information Act, 5 U.S.C. § 552 et seq., you requested all records that
are described by 5 U.S.C. 552(a)(1), (2), which have not yet published
in the FR for (a)(1)) or either the FR or our online FOIA reading room
for (a)(2).

In response to your request, I searched the official files of this
office and determined that we do not have any documents responsive to
your request. As a result, we have no documents to produce, there has
been no fee assessed for the search of our records, and this will be
our final correspondence in relation to your request.

For your information, Congress excluded three discrete categories of
law enforcement and national security records from the requirements of
the FOIA. See 5 U.S.C. § 552(c). This response is limited to those
records that are subject to the requirements of the FOIA. This is a
standard notification that is given to all our requesters and should
not be taken as an indication that excluded records do, or do not,
exist.

You may email this office at PardonAttorneyFOIA@usdoj.gov
<mailto:PardonAttorneyFOIA@usdoj.gov> for any further assistance with
your FOIA request. Additionally, you may contact the Office of
Government Information Services (OGIS) at the National Archives and
Records Administration to inquire about the FOIA mediation services
they offer. The contact information for OGIS is as follows: Office of
Government Information Services, National Archives and Records
Administration, 8601 Adelphi Road-OGIS, College Park, Maryland
20740-6001, e-mail at ogis@nara.gov <mailto:ogis@nara.gov> ; telephone
at 202-741-5770; toll free at 1-877-684-6448; or facsimile at
202-741-5769.

If you are not satisfied with my response to this request, you may
administratively appeal by writing to the Director, Office of
Information Policy (OIP), United States Department of Justice, Suite
11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may
submit an appeal through OIP's FOIAonline portal by creating an account
on the following web site:
https://foiaonline.regulations.gov/foia/action/public/home
<https://foiaonline.regulations.gov/foia/action/public/home> . Your
appeal must be postmarked or electronically transmitted within 90 days
of the date of my response to your request. If you submit your appeal
by mail, both the letter and the envelope should be clearly marked
"Freedom of Information Act Appeal."


Sincerely,


William N. Taylor II


Executive Officer


Office of the Pardon Attorney


U.S. Department of Justice

From: Department of Justice - FOIA/PA Mail Referral Unit

Received, Sai.

We will begin processing your request.

Thank you.

Charles Smiroldo
Department of Justice, ENRD
Law and Policy Section
P.O. Box 7415
Ben Franklin Station
Washington, DC 20044-7415
T (202) 514-0424
F (202) 514-4231
charles.smiroldo@usdoj.gov<mailto:charles.smiroldo@usdoj.gov>

From: Department of Justice - FOIA/PA Mail Referral Unit

An interim response, stating the request is being processed.

From: Department of Justice - FOIA/PA Mail Referral Unit

November 7, 2017

Dear Sai –

This is to acknowledge receipt of your Freedom of Information Act request dated October 24, 2017 and received as a referral from the FOIA/PA Mail Referral Unit of the U.S. Department of Justice in the Office on Violence Against Women (OVW) of the United States Department of Justice on November 1, 2017 in which you requested records concerning “all records that are described by 5 U.S.C. 552 (a)(1), (2), which you have not yet published in the FR (for (a)(1) or either the FR or your online FOIA reading room (for(a)(2)), i.e. for which you have already violeated the statute’s affirmative requirement for proactive disclosure.”

For your information, this Office assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately 20 business days, whereas complex requests necessarily take longer. At this time, your request has been assigned to the simple track. You may wish to narrow the scope of your request to limit the number of potentially responsive records or agree to an alternative time frame for processing, should records be located; or you may wish to await the completion of our records search to discuss either of these options. This Office has adopted a first in/first out practice of processing all incoming requests. Your request has been placed in chronological order based on the date of receipt and will be handled as quickly as possible when it is assigned for processing. If you have any questions regarding the status of your request, you may contact me by telephone at 202-514-5430 or you may write to me at Catherine.poston@usdoj.gov<mailto:Catherine.poston@usdoj.gov> or United States Department of Justice, Office on Violence Against Women, 145 N Street, NE, Suite 10W.121,Washington, D.C. 20530.
You may contact our FOIA Public Liaison at 202-514-5430 listed above for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov<mailto:ogis@nara.gov>; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Sincerely,

Catherine M. Poston
Attorney Advisor

From: Department of Justice - FOIA/PA Mail Referral Unit

Good Afternoon Sai:

Please see the attached.

Thank you.

Charles Smiroldo
Department of Justice, ENRD
Law and Policy Section
P.O. Box 7415
Ben Franklin Station
Washington, DC 20044-7415
T (202) 514-0424
F (202) 514-4231
charles.smiroldo@usdoj.gov<mailto:charles.smiroldo@usdoj.gov>

From: Department of Justice - FOIA/PA Mail Referral Unit

Dear Sai,Thanks,
Please find attached a letter pertaining to request  number 18-FOIA-00066.
Lynette Hawkins

From: Department of Justice - FOIA/PA Mail Referral Unit

Attached is this Office's response to the above-referenced request.

From: Department of Justice - FOIA/PA Mail Referral Unit

A fix is required to perfect the request.

From: Department of Justice - FOIA/PA Mail Referral Unit

Attached is in response to your request.

Sincerely,

INTERPOL Washington FOIA Service Center
U.S. Department of Justice
Washington, D.C. 20530
202-616-0201

From: Department of Justice - FOIA/PA Mail Referral Unit

The request has been rejected by the agency.

From: Department of Justice - FOIA/PA Mail Referral Unit

Good Afternoon Sai:

Please see the attached.

Thank you.

Charles Smiroldo
Department of Justice, ENRD
Law and Policy Section
P.O. Box 7415
Ben Franklin Station
Washington, DC 20044-7415
T (202) 514-0424
F (202) 514-4231
charles.smiroldo@usdoj.gov<mailto:charles.smiroldo@usdoj.gov>

From: Department of Justice - FOIA/PA Mail Referral Unit

Hello:

Attached is the OIG’s response to your routed FOIA request.

Thanks.

From: Department of Justice - FOIA/PA Mail Referral Unit

Please see attached.

From: Department of Justice - FOIA/PA Mail Referral Unit

Dear Sai:

Attached, please find the response to your FOIA request that was assigned tracking number OLC FY18-022.

Sincerely,
Melissa Golden, Esq.
Lead Paralegal and FOIA Specialist
Office of Legal Counsel
Department of Justice

From: Department of Justice - FOIA/PA Mail Referral Unit

A fix is required to perfect the request.

From: Department of Justice - FOIA/PA Mail Referral Unit

A copy of documents responsive to the request.

From: Department of Justice - FOIA/PA Mail Referral Unit

Sai
500 Westover Dr
#4514
Sanford, NC 27330
Re: FOIA/PA #18-027

Dear Sai:

This is to acknowledge receipt of your letter to the Mail Referral Unit dated October 24, 2017 pertaining to all records that are described by 5 USC 552(a)(1), (2), which you have not yet published in the FR (for (a)(1)) or either the FR or your online FOIA reading room (for (a)(2)), i.e. for which you have already violated the statute's affirmative requirement for proactive disclosure. Our FOIA office received your Freedom of Information Act request on November 1, 2017.

Your request is too broad in scope to identify any responsive records. The Department of Justice regulations require that records, "must describe the records that you seek in enough detail to enable Department personnel to locate them with a reasonable amount of effort." And, "whenever possible, your request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record." [28 CFR § 16.3 (b)].

If this Office does not receive your response within 30 days of the date of this email, we will assume you are no longer interested, and your request will be administratively closed. This is not a denial of your request, and it will not preclude you from filing other requests in the future.

Sincerely,

Arnetta Mallory
Government Information Specialist

From: Department of Justice - FOIA/PA Mail Referral Unit

Sai
MuckRock News
DEPT MR 43180
411A Highland Ave.
Somerville, MA 02144-2516

Dear Requestor Sai:
This is to acknowledge receipt of your Freedom of Information Act request dated October 24, 2017 and received as a referral from the FOIA/PA Mail Referral Unit of the U.S. Department of Justice in the Office on Violence Against Women (OVW) of the United States Department of Justice on November 1, 2017 in which you requested records concerning “all records that are described by 5 U.S.C. 552 (a)(1), (2), which you have not yet published in the FR (for (a)(1) or either the FR or your online FOIA reading room (for(a)(2)), i.e. for which you have already violated the statute’s affirmative requirement for proactive disclosure.”

After review of your letter, this Office has determined that it is not a proper FOIA request, as it does not identify particular documents that could be located with a reasonable amount of effort, but instead seeks the answer to a question. The FOIA does not require agencies to conduct research or to answer questions. In an effort to be of assistance, please be advised that material of interest to you may be found on this website at https://www.justice.gov/oip. Specifically, policies can be located primarily on the “OIP Guidance” page at https://www.justice.gov/oip/oipguidance and the “FOIA Resources” page at https://www.justice.gov/oip/foia-resources as well as OVW’s website https://www.justice.gov/ovw/ovw-freedom-information-act. I hope you find this information to be useful. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2015) (amended 2016). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

You may contact me at 202-514-5430 for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov<mailto:ogis@nara.gov>; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."

Sincerely,

Catherine M. Poston
Attorney/Advisor

From:

Dear Sai,Thanks,
Please find attached a letter pertaining to request  number 18-FOIA-00066.
Lynette Hawkins

From:

Dear Sai,Thanks,
Please find attached a letter pertaining to request  number 18-FOIA-00066.
Lynette Hawkins

From: Department of Justice - FOIA/PA Mail Referral Unit

[CRS Seal]
U.S. Department of Justice
Community Relations Service

Washington, D.C. 20530

September 26, 2018
Sai
MuckRock
DEPT MR 43180
411A Highland Avenue
Somerville, MA 02144
requests@muckrock.com

Re: Freedom of Information Act Request DOJ-CRS-FY18-00003

Dear Sai:

This is in response to your request under the Freedom of Information Act (FOIA) dated September 21, 2017 to the United States Department of Justice Community Relations Service (CRS). CRS has assigned the request tracking number DOJ-CRS-FY18-00003. Please refer to this number in any correspondence pertaining to this matter.

After review of your letter, this Office has determined that it is not a proper FOIA request, as it does not identify particular documents that could be located with a reasonable amount of effort, but instead seeks the answer to a question. The FOIA does not require agencies to conduct research or to answer questions.

In an effort to be of assistance, please be advised that material of interest to you may be found on this Office’s website at https://www.justice.gov/oip. Specifically, policies can be located primarily on the “OIP Guidance” page at https://www.justice.gov/oip/oipguidance and the “FOIA Resources” page at https://www.justice.gov/oip/foia-resources. Additional information may be found in the Office’s FOIA Library, which is updated regularly, at https://www.justice.gov/oip/available-documents-oip. I hope you find this information to be useful.

CRS was created by the Civil Rights Act of 1964 to assist state and local units of government, private and public organizations, secondary schools, educational institutions, and community groups with preventing and resolving racial and ethnic tensions, conflicts, and civil disorders, with the intent of restoring racial stability and harmony. Pursuant to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, CRS also assists communities in the prevention of, and response to, alleged violent hate crimes committed on the basis of actual or perceived gender, gender identity, sexual orientation, religion, disability, race, color, or national origin.

If you are not satisfied with CRS’ response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Your appeal will be handled expeditiously.

You may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Please feel free to contact me at CRS.FOIA@usdoj.gov<mailto:CRS.FOIA@usdoj.gov> if you have questions about this response.

Sincerely,

[M Caprio (signature)]

Melody Caprio
FOIA Officer

From: Sai

Re DOJ-2018-000573 (OIP), EMRUFOIA2417-5:

I appeal. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

Sincerely,
Sai

From: Sai

Re OSG FOIA No. 2018-126953:

Your response letter, although not stating so, appears to be a denial. I therefore appeal.

1. Your description of my request omits large sections of the request, and therefore does not accurately state what was requested.

2. Your paragraph about state, judicial, legislative, or new records is inapposite. I requested existing records in the executive branch.

3. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

Sincerely,
Sai

From: Sai

Re INTERPOL Washington FOIA # 2018-056:

I appeal.

1. My request does not ask you to conduct research or answer questions, but rather to provide statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

Sincerely,
Sai

From: Sai

Re US Parole Commission FOA # FY17-00402:

I appeal.

1. My request does not ask you to conduct research or answer questions, but rather to provide statutorily defined documents.

In particular, your characterization of my request as an "interrogatory" is patently absurd.

You also misstate my request; no part of it claims to be under the Privacy Act.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. You have failed to respond in the format requested, i.e. electronic, § 508 accessible documents.

Please do so.

Sincerely,
Sai

From: Sai

Re ENRD FOIA No. 2018-04616:

I appeal.

1. My request does not ask you to conduct research or answer questions, but rather to provide statutorily defined documents.

To the extent I asked for a certification, it was simply a statement that you have no responsive records because all records described are already published. That is not a "question", it is a standard part of a FOIA response that you are required to give if denying my request for lack of responsive records.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. You have failed to respond in the format requested, i.e. electronic, § 508 accessible documents.

Please do so.

Sincerely,
Sai

From: Sai

Re OIG FOIA # 18-OIG-043:

1. Thank you for your response to the first part of my request.

To be clear, are you stating that you have no responsive documents because all records described by 552(a)(1,2) are already published online in § 508 accessible format?

2. You have totally failed to respond to parts 2 & 3 of my request.

Please do so.

Sincerely,
Sai

From: Sai

Re Antitrust Division FOIA No. ATFY18-012:

I appeal.

1. My request does not ask you to conduct research or answer questions, but rather to provide statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

Please do so.

4. You may not demur the determination of whether a response is or is not a denial, as you purport to defer to me on page 2. It is your responsibility to clearly state any denial.

Sincerely,
Sai

From: Sai

Re OLC FOIA # FY18-022:

I appeal.

1. My request does not ask you to conduct research or answer questions, nor to create new records, but rather to provide existing, statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. You have failed to respond in the format requested, i.e. electronic, § 508 accessible documents.

Please do so.

5. The FOIA statute does not authorize such a thing as "administrative closure". If you deny a request, you must state so.

Sincerely,
Sai

From: Sai

Re BOP FOIA # 2018-00789:

I appeal.

1. My request does not ask you to conduct research or answer questions, nor to create new records, but rather to provide existing, statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. You have failed to respond in the format requested, i.e. electronic, § 508 accessible documents.

Please do so.

5. Your response fails to state whether it is a denial. If you deny a request, you must state so.

Sincerely,
Sai

From: Sai

Re EOIR FOIA # 2018-4166:

I appeal.

1. By the clear definition of my request, the records responsive to my request are NOT on your website.

Your response does not address the records described.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have failed to respond in the format requested, i.e. electronic, § 508 accessible documents.

Please do so.

Sincerely,
Sai

From: Sai

Re NSD FOIA #18-027:

I appeal.

1. My request does not ask you to conduct research or answer questions, nor to create new records, but rather to provide existing, statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. The FOIA statute does not authorize such a thing as "administrative closure". If you deny a request, you must state so.

Sincerely,
Sai

From: Sai

Re OVW EMRUFOIA2417-5:

I appeal.

1. My request does not ask you to conduct research or answer questions, nor to create new records, but rather to provide existing, statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request. Please do so.

4. Your response does not clearly state whether you are denying the request. If you deny a request, you must state so.

5. You have failed to provide me with your office's FOIA tracking number for this request. 5 USC 552(a)(7)(A). Please do so.

Sincerely,
Sai

From: Sai

Re OJP FOIA No. 18-FOIA-00066:

I appeal.

1. My request does not ask you to conduct research or answer questions, nor to create new records, but rather to provide existing, statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. You have failed to respond in the format requested, i.e. electronic, § 508 accessible documents.

Please do so.

5. Your response does not clearly state whether it is a denial. If you deny a request, you must state so.

Sincerely,
Sai

From: Sai

Re CRS FOIA # DOJ-CRS-FY18-00003:

I appeal.

1. My request does not ask you to conduct research or answer questions, nor to create new records, but rather to provide existing, statutorily defined documents.

2. My request was very clearly described.

a) The primary element requests all records described by 552(a)(1,2) that have not are not currently publicly available in accordance with that statute.

b) If you have fully complied with the statute, then your response should be to certify that there are no responsive records to that part of my request because all such records are publicly available online (in § 508 accessible format).

Otherwise, you have to provide all the records you should have published proactively, but did not (in violation of the law).

c) If you are claiming that the text of 552(a)(1,2) does not reasonably describe the records it covers, your only recourse is to Congress or to sue the United States to invalidate the statute as void for vagueness.

If you are not, then you know what I requested, and I request that you fulfill it promptly.

3. You have totally failed to respond to parts 2 & 3 of my request.

4. Your response does not clearly state whether it is a denial. If you deny a request, you must state so.

Sincerely,
Sai

From: Department of Justice - FOIA/PA Mail Referral Unit

Good afternoon,

Attached, please find the Tax Division's response to your Freedom of Information Act request dated November 1, 2017.

Sincerely,

Debbie J. Fitzgerald
Legal Assistant
U.S. Department of Justice
Tax Division, CTS - Eastern

From: Department of Justice - FOIA/PA Mail Referral Unit

In reference to your FOIA request, please see the attached response.

Thank you for your inquiry.

OCDETF FOIA Office

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