AG Death in Custody (Public Law 113-242) reporting waiver materials

Beryl Lipton filed this request with the Department of Justice, Office of the Attorney General of the United States of America.
Tracking # 16-00226; DOJ-OIP-2016-000042
Est. Completion None
Status
No Responsive Documents

Communications

From: Beryl Lipton

To Whom It May Concern:

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

Any and all materials regarding requests for extension or waiver under Public Law 113-242 [https://www.gpo.gov/fdsys/pkg/PLAW-113publ242/pdf/PLAW-113publ242.pdf], which states:

"COMPLIANCE DATE.—Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that—
(A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and
(B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State."

These should include, but not be limited to:
• All communications requesting and responding to requests for an extension of time in order to comply with the Act
• All supplemental materials provided in response to requests for extension
• All requests for waiver of the requirements of subsection (a) or any other part of the Act
• All communications regarding requests for waivers of the act
• All responses and determinations provided in reply to all requests for waivers
• All spreadsheets and reports regarding reports, extensions, and waivers of requirements under the Act

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,

Beryl C.D. Lipton

From: doj.oip.foia@usdoj.gov

The FOIA request DOJ-2016-000042 has had its Tracking Number changed to DOJ-OAG-2016-000042. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: DOJ-2016-000042
* New Tracking Number: DOJ-OAG-2016-000042
* Requester Name: Beryl C. Lipton
* Date Submitted: 02/08/2016
* Long Description: all records pertaining to requests for extensions or waiver under Public Law 118-242

From: doj.oip.foia@usdoj.gov

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=090004d280b648bb)
* Tracking Number: DOJ-2016-000042
* Requester Name: Beryl C. Lipton
* Date Submitted: 02/08/2016
* Request Status: Submitted
* Description: all records pertaining to requests for extensions or waiver under Public Law 118-242

From: OIP-NoReply@usdoj.gov

The FOIA request DOJ-OAG-2016-000042 has had its Tracking Number changed to DOJ-2016-000042. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: DOJ-OAG-2016-000042
* New Tracking Number: DOJ-2016-000042
* Requester Name: Beryl C. Lipton
* Date Submitted: 02/08/2016
* Long Description: all records pertaining to requests for extensions or waiver under Public Law 118-242

From: OIP-NoReply@usdoj.gov

See attached our response to your FOA request.
Thank you!
Office of Information Policy
Initial Request Staff
Department of Justice

From: Beryl Lipton

Hi there,

Thank you for your message. I'm hoping you could provide some clarification. Your letter says to submit this request to the office that would have the records. My understanding, based on the DOJ Reference Guide, is that these waivers would be held by the Office of the Attorney General via Ms. Day, who signed your letter. Could you please indicate how your letter should be interpreted?

Thanks so much,
Beryl

From: Beryl Lipton

Hi there,

This is a follow-up to the message I sent on March 8, 2016. I'm hoping you could please provide clarification.

Thanks so much,
Beryl

From: Laskowski, Edward (OJP)

Re: OJP FOIA No. 16-00226

Dear Mr. Lipton:

This is to acknowledge receipt of your Freedom of Information Act/Privacy Act request that you sent to the Department of Justice (DOJ). The DOJ Office of Information Policy (OIP), forwarded your request, dated February 7, 2016, to the Office of Justice Programs (OJP), Office of the General Counsel, and received on March 8, 2016. A copy of your request is attached for your convenience.

The records you seek require a search in another OJP office and so your request falls within "unusual circumstances." See 5 U.S.C. § 552(a)(6)(B)(i)-(iii). Because of these unusual circumstances, we are extending the time limit to respond to your request beyond the ten additional days provided by the statute. We have not yet completed a search to determine whether there are records within the scope of your request. The time needed to process your request will necessarily depend on the complexity of our records search and on the volume and complexity of any records located. 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 one month, whereas complex requests necessarily take longer. At this time, your request has been assigned to the complex 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.

Your request is assigned to Delores Johnson, FOIA Government Information Specialist, for processing. If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, or you may contact Mrs. Johnson by telephone at (202) 307-6235, via e-mail at FOIAOJP@usdoj.gov<mailto:FOIAOJP@usdoj.gov>, you may write to this office at FOIAOJP, 810 7th Street, N.W., Washington, D.C. 20531. Please include the above-referenced OJP FOIA number. Lastly, you may contact our FOIA Public Liaison at the above telephone number to discuss any aspect of your request.

Enclosure(s)

From: Johnson, Delores

Mr. Lipton:

Attached is a response to your FOIA request to this office.

Delores Johnson
Contract Paralegal Specialist
Office of the General Counsel
Office of Justice Programs
Department of Justice

From: Beryl Lipton

Hello Ms. Lee,

Thank you very much for your letter.

Have a lovely week,
Beryl

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