5 USC 552(a)(2)(D)(ii)(II), or Beetlejuice! Beetlejuice! Beetlejuice! Meetings (Department of Homeland Security)

Andrew Free filed this request with the Department of Homeland Security of the United States of America.
Tracking #

2022-HQFO-01129

FOIA 2023-HQAP-00017

2022-HQFO-01129

Multi Request 5 USC 552(a)(2)(D)(ii)(II), or Beetlejuice! Beetlejuice! Beetlejuice! Meetings
Status
Completed

Communications

From: Andrew Free

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

This is a Freedom of Information Act (FOIA) request aimed at understanding your agency’s compliance with the E-FOIA Amendments of 2006, and how the information contained, and omitted from, your agency’s FOIA Reading Room may come short of compliance with your obligations under the law.

Ensuring agencies proactively disclose frequently requested records helps everyone. The agency’s FOIA backlog — a longstanding, widely acknowledge concern for Congress — will be reduced by affirmative identification of frequently requested records. The agency will get fewer requests by making more of the frequently requested materials more easily accessible. Agency FOIA reviewers will not have to reinvent the wheel in processing redactions and determine which exemptions apply. And the public will get more complete and timely access to information because the agency will have posted it.

This is not an aspirational goal; it is the law.

5 U.S.C. 552(a)(2)(D)(ii)(II) requires agencies to post records that have been requested 3 or more times. The “Beetlejuice Provision”, if you will.

Our review of your agency’s public FOIA reading room, and a comparison of the publicly available FOIA logs your agency publishes, reveals that a number of thrice-requested materials appear to be missing. Consequently, we file this request to understand the process by which your agency determines what to include under the Beetlejuice Provision.

1. Please provide all calendar entries, meeting minutes, attendee lists, working papers (or similar documents), slide decks or presentations, and follow-up calendar items for any meeting your agency’s FOIA Officer or designee held to consider the agency’s affirmative releases and proactive disclosures under the Beetlejuice Provision.

2. Please provide any record reflecting your agency’s FOIA Officers’ identification of a record that may be eligible for release based upon the Beetlejuice Provision because it has been requested three times under paragraph 3. If the records requested are kept in an electronic system of records, like eFOIAExpress, we would accept a printout of requests designated as potential subject to proactive release under the Beetlejuice Provision in lieu of records responsive to this Item.

3. Any guidance your agency issued for FOIA professionals regarding identification of requests that are potentially subject to proactive release under the Beetlejuice Provision.

Please task a search period beginning on January 1, 2022, and ending May 18, 2022.

Thank you,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Andrew Free

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-01129 has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Department of Homeland Security

Dear Andrew Free,
Request Number 2022-HQFO-01129 has been assigned to the request you submitted. In all future correspondence regarding this request please reference request number 2022-HQFO-01129.
Regards,
Department of Homeland Security

From: Department of Homeland Security

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-01129 has been updated to the following status 'In Process'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Andrew Free

We hereby appeal the agency’s failure to comply with the timing provisions of the Act, which has resulted in an unlawful withholding.

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

From: Department of Homeland Security

Good afternoon,
Attached is our acknowledgment of your DHS FOIA appeal.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Department of Homeland Security

Good Morning, Attached is our final response to your request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486. Regards, DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-01129 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Andrew Free

We appeal.

From: Department of Homeland Security

Mr. Free:

Please find attached the FOIA Appeal Decision issued by Chief Judge
Brudzinski's office for the above matter.

Thank you,

Lauren M. Meus

Hearing Docket Clerk

U.S. Coast Guard

From: Department of Homeland Security

Good Morning,

Re-sending our response from July 6, 2023.

Attached is our response to your request. If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,

DHS FOIA, Privacy Office
Department of Homeland Security
2707 Martin Luther King Jr. AVE SE
Mail Stop 0655
Washington, DC 20528-0655
E-mail: foia@hq.dhs.gov
Visit our FOIA website https://www.dhs.gov/foia

From: Andrew Free

Good afternoon. Thank you for your response, indicating you located no records. We appeal

From: Department of Homeland Security

Mr. Free:

Please find attached the FINAL FOIA Appeal Decision issued by Chief Judge
Brudzinski's office for the above matter.

Thank you,

Lauren M. Meus

Hearing Docket Clerk

U.S. Coast Guard

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