Expedited FOIA Request NARA 22-V.D.MUCK. NARA FOIA Instructions and SOPs

Robert Hammond filed this request with the National Archives and Records Administration of the United States of America.

It is a clone of this request.

Tracking #

NGC22-587

NARA-NGC-2022-001283

Due July 1, 2022
Est. Completion Nov. 17, 2025
Status
Awaiting Response

Communications

From: Robert Hammond

To Whom It May Concern:

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

(FYSA. FOIA Join the fight for FOIA compliance. FOIAcomplaince@gmail.com)

Expedited FOIA Request NARA 22-V.D.MUCK. NARA FOIA Instructions and SOPs. [See PDF for full FOIA Request]

I am respectfully seeking via Muckrock.com:
1. NARA’s current FOIA regulation.

NARA’s 2022 Chief FOIA Officer Report states:
3. The FOIA Improvement Act of 2016 required all agencies to update their FOIA regulations within 180 days. In 2016, OIP issued Guidance for Agency FOIA Regulations and the accompanying Template for Agency FOIA Regulations to assist agencies in updating their regulations in accordance with the statute. Has your agency updated its FOIA regulations in accordance with the FOIA Improvement Act of 2016? If
not, what is your agency's plan to update your regulations?
Answer: Yes. However, NARA is preparing to update our regulations in light of new
Supreme Court rulings on exemptions

2. NARA’s FOIA Standard Operating Procedures (SOPs) for operational records FOIA requests (FOIAonline identifies NARA Operational Records)

NARA’s 2022 Chief FOIA Officer Report states:
Standard Operating Procedures (SOPs) generally document your agency’s internal processes for administering the FOIA beyond your FOIA regulations and FOIA Reference Guide. As noted in OIP’s guidance, having SOPs can improve the consistency and quality of an agency’s FOIA process. SOPs can also serve as a significant resource for incoming FOIA professionals and a way to preserve much of the agency’s institutional knowledge on administering the FOIA from how to handle requests from start-to finish, to identifying and making proactive disclosures, to maintaining a FOIA website. Does your agency have up-to-date internal SOPs for your FOIA administration? Answer: Yes. NARA’s offices that process FOIA requests have separate SOPs. Each office reviews their SOPs on an annual basis.

3. I am also seeking a copy of this FOIA Request, which is an Agency record that exists and is in the Agency’s possession at the time of my FOIA request. This record is a responsive record integral to my Request. Release of the Agency’s copy is not optional.
4. See PDF for complete FOIA Request. See Requested Format.
5. Although I am seeking expedited processing and prompt release of all records, I am seeking a rolling release of those records that are immediately available followed by a list of additional searches and estimated completion dates for them.

REQUESTED FORMAT.
I am seeking a PDF file with thru MUCKROCK.com with: (1) a signed and dated cover letter (citing my personally assigned requester control number); (2) with record page count for all records released records (3) a copy of this request in your reply. I seek records in this format with an imbedded copy of my requests to (1) impede the agency from not addressing the FOIA Request; (2) impede the Agency from not providing the documents stated in the Agency’s letter reply, and (3) make it obvious in any subsequent review what the Agency has or has not done.

Further, I request that these records be sent in any digital formats in which they exist (such as PDF and Excel). Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request.

Each record must be provided as a distinct record in their native format.
I am also seeking the “Description Available to the Public” field in FOIAonline be set to yes and that all records be released to and viewable in the application by the general Public. The release type must be set to “Unredacted – Releasable to the General Public: Will be available to the general public,” or to “Redacted – Releasable to the General Public: Will be available to the general public.”

This request is distinctly separate from any other. Please do not combine this request with any other request in your reply. I am requesting that each element of the records sought be specifically addressed in the reply.

EXPEDITED PROCESSING.
I am seeking expedited processing. In any denial of my request for expedited processing the Agency must state in detail how my request does not meet requirement and who, by name, was involved in the denial determination.
1. The subject is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
a. The next and final FOIA Advisory Committee of the 2020 – 2022 Term is June 9, 2022, where this matter will be discussed. This is the final term of this committee
b. Based on records released regarding individualized tracking numbers, status and estimated completion dates of my FOIA requests and appeals, NARA may be engaging in massive false FOIA reporting. There can be no dispute that such matters are the subject of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
c. Please refer further to my FOIA Public Comments regarding the March 29, 2022 Senate Oversight Committee FOIA Hearings, wherein DOJ OIP and NARA’s OGIS were slammed for lack of FOIA compliance oversight.
d. I plan to distribute information from this expedited FOIA request to members of the media and others via a vast distribution network.
e. I am an individual primarily engaged in dissemination of information via extensive email lists, blogs, coordination with Open Government Advocate Organizations and members of the media.

2. Information is urgently needed to inform the public concerning some actual or alleged government activity/malfeasance.
a. See paragraph 1 above incorporated fully herein..
b. I am recognized within to FOIA Advisory Committee Recommendation “OGIS 2.0: Reimagining FOIA Oversight” dated 05.04.2022 as an expert contributor “Robert (Bob) Hammond, Citizen FOIA Advocate.”
3. In any denial of expedited processing, NARA must repeat each paragraph and sub-paragraph above and state explicitly how my request does not meet the cited standards. A blanket statement without doing so lacks required content.

In any denial of my request for expedited processing, I am seeking that the Agency identify who, by name and email was consulted and that the Agency provide specific justification as to how my request stated herein does not qualify.

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,

Robert Hammond

From: National Archives and Records Administration

Dear Robert Hammond <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your
profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foia.help@epa.gov)
Thank you!
FOIAonline Team (mailto:foia.help@epa.gov)

From: National Archives and Records Administration

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2022-001283&type=request)

* Tracking Number: NARA-NGC-2022-001283
* Requester Name:
Robert Hammond
* Date Submitted: 06/07/2022
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

(FYSA. FOIA Join the fight for FOIA compliance. FOIAcomplaince@gmail.com)

Expedited FOIA Request NARA 22-V.D.MUCK. NARA FOIA Instructions and SOPs. [See PDF for full FOIA Request]

I am respectfully seeking via Muckrock.com:
1. NARA’s current FOIA regulation.

NARA’s 2022 Chief FOIA Officer Report states:
3. The FOIA Improvement Act of 2016 required all agencies to update their FOIA regulations within 180 days. In 2016, OIP issued Guidance for Agency FOIA Regulations and the accompanying Template for Agency FOIA Regulations to assist agencies in updating their regulations in accordance with the statute. Has your agency updated its FOIA regulations in accordance with the FOIA Improvement Act of 2016? If
not, what is your agency's plan to update your regulations?
Answer: Yes. However, NARA is preparing to update our regulations in light of new
Supreme Court rulings on exemptions

2. NARA’s FOIA Standard Operating Procedures (SOPs) for operational records FOIA requests (FOIAonline identifies NARA Operational Records)

NARA’s 2022 Chief FOIA Officer Report states:
Standard Operating Procedures (SOPs) generally document your agency’s internal processes for administering the FOIA beyond your FOIA regulations and FOIA Reference Guide. As noted in OIP’s guidance, having SOPs can improve the consistency and quality of an agency’s FOIA process. SOPs can also serve as a significant resource for incoming FOIA professionals and a way to preserve much of the agency’s institutional knowledge on administering the FOIA from how to handle requests from start-to finish, to identifying and making proactive disclosures, to maintaining a FOIA website. Does your agency have up-to-date internal SOPs for your FOIA administration? Answer: Yes. NARA’s offices that process FOIA requests have separate SOPs. Each office reviews their SOPs on an annual basis.

3. I am also seeking a copy of this FOIA Request, which is an Agency record that exists and is in the Agency’s possession at the time of my FOIA request. This record is a responsive record integral to my Request. Release of the Agency’s copy is not optional.
4. See PDF for complete FOIA Request. See Requested Format.
5. Although I am seeking expedited processing and prompt release of all records, I am seeking a rolling release of those records that are immediately available followed by a list of additional searches and estimated completion dates for them.

REQUESTED FORMAT.
I am seeking a PDF file with thru MUCKROCK.com with: (1) a signed and dated cover letter (citing my personally assigned requester control number); (2) with record page count for all records released records (3) a copy of this request in your reply. I seek records in this format with an imbedded copy of my requests to (1) impede the agency from not addressing the FOIA Request; (2) impede the Agency from not providing the documents stated in the Agency’s letter reply, and (3) make it obvious in any subsequent review what the Agency has or has not done.

Further, I request that these records be sent in any digital formats in which they exist (such as PDF and Excel). Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request.

Each record must be provided as a distinct record in their native format.
I am also seeking the “Description Available to the Public” field in FOIAonline be set to yes and that all records be released to and viewable in the application by the general Public. The release type must be set to “Unredacted – Releasable to the General Public: Will be available to the general public,” or to “Redacted – Releasable to the General Public: Will be available to the general public.”

This request is distinctly separate from any other. Please do not combine this request with any other request in your reply. I am requesting that each element of the records sought be specifically addressed in the reply.

EXPEDITED PROCESSING.
I am seeking expedited processing. In any denial of my request for expedited processing the Agency must state in detail how my request does not meet requirement and who, by name, was involved in the denial determination.
1. The subject is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
a. The next and final FOIA Advisory Committee of the 2020 – 2022 Term is June 9, 2022, where this matter will be discussed. This is the final term of this committee
b. Based on records released regarding individualized tracking numbers, status and estimated completion dates of my FOIA requests and appeals, NARA may be engaging in massive false FOIA reporting. There can be no dispute that such matters are the subject of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
c. Please refer further to my FOIA Public Comments regarding the March 29, 2022 Senate Oversight Committee FOIA Hearings, wherein DOJ OIP and NARA’s OGIS were slammed for lack of FOIA compliance oversight.
d. I plan to distribute information from this expedited FOIA request to members of the media and others via a vast distribution network.
e. I am an individual primarily engaged in dissemination of information via extensive email lists, blogs, coordination with Open Government Advocate Organizations and members of the media.

2. Information is urgently needed to inform the public concerning some actual or alleged government activity/malfeasance.
a. See paragraph 1 above incorporated fully herein..
b. I am recognized within to FOIA Advisory Committee Recommendation “OGIS 2.0: Reimagining FOIA Oversight” dated 05.04.2022 as an expert contributor “Robert (Bob) Hammond, Citizen FOIA Advocate.”
3. In any denial of expedited processing, NARA must repeat each paragraph and sub-paragraph above and state explicitly how my request does not meet the cited standards. A blanket statement without doing so lacks required content.

In any denial of my request for expedited processing, I am seeking that the Agency identify who, by name and email was consulted and that the Agency provide specific justification as to how my request stated herein does not qualify.

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,

Robert Hammond

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/perseverance2013/109301/NARA_22-V.D._NARA_FOIA_Instructions_and_SOPs.pdf
Upload documents directly: https://www.muckrock.com/

From: National Archives and Records Administration

Sent via Email <requests@muckrock.com>

October 17, 2022

MuckRock News

DEPT MR 129756

263 Huntington Ave

Boston, MA 02115

RE: Freedom of Information Act Request NGC22-587

To Whom It May Concern:

This is in response to your email dated October 17, 2022 asking for a
status update for FOIAonline request NARA-NGC-2022-001283, internal
tracking number NGC22-587. Currently, NGC22-587 is in our complex FOIA
queue. Our estimated time to completion is 24 months from today. This is a
conservative estimate, and cases may move more quickly through the queue.
If you do not receive a response within this estimated completion time,
please contact us again for a status update.

In future correspondence, please cite both tracking numbers;
NARA-NGC-2022-001283 and NGC22-587.

Sincerely,

Ashley A. Bryan

Government Information Specialist

Office of General Counsel (NGC)

National Archives and Records Administration

8601 Adelphi Road

College Park, Maryland, 20740-6001

301-837-3642

From: National Archives and Records Administration

Sent via Email <requests@muckrock.com>

November 16, 2022

MuckRock News

DEPT MR 129756

263 Huntington Ave

Boston, MA 02115

RE: Freedom of Information Act Request NGC22-587

To Whom It May Concern:

This is in response to your email dated November 16, 2022 asking for a
status update for FOIAonline request NARA-NGC-2022-001283, internal
tracking number NGC22-587. Currently, NGC22-587 is in our complex FOIA
queue. Our estimated time to completion is 23 months from today. This is a
conservative estimate, and cases may move more quickly through the queue.
If you do not receive a response within this estimated completion time,
please contact us again for a status update.

In future correspondence, please cite both tracking numbers;
NARA-NGC-2022-001283 and NGC22-587.

Sincerely,

Ashley A. Bryan

Government Information Specialist

Office of General Counsel (NGC)

National Archives and Records Administration

8601 Adelphi Road

College Park, Maryland, 20740-6001

301-837-3642

From: Robert Hammond

I am seeking immediate FOIA FPL dispute resolution of NARA's classification of this as a complex request. Please advise Ms. Wall.

I am respectfully seeking via Muckrock.com:
1. NARA’s current FOIA regulation.

From: National Archives and Records Administration

Sent via Email <requests@muckrock.com>

December 19, 2022

Robert Hammond

MuckRock News

DEPT MR 129756

263 Huntington Ave

Boston, MA 02115

RE: Freedom of Information Act Request NGC22-587

Dear Mr. Hammond:

This is in response to your email dated December 19, 2022 asking for a
status update for FOIA request NGC22-587. Currently, NGC22-587 is #422 in
our complex FOIA queue. Our estimated time to completion is 12 months from
today. This is a conservative estimate, and cases may move more quickly
through the queue. If you do not receive a response within this estimated
completion time, please contact us again for a status update.

In future correspondence, please cite tracking number NGC22-587.

Sincerely,

NGC FOIA Team

Office of General Counsel

National Archives and Records Administration

foia@nara.gov

301-837-3642

From: National Archives and Records Administration

Sent via Email <requests@muckrock.com>

January 18, 2023

Robert Hammond

MuckRock News

DEPT MR 129756

263 Huntington Ave

Boston, MA 02115

RE: Freedom of Information Act Request NGC22-587

To Whom It May Concern:

This is in response to your email dated January 18, 2023 asking for a
status update for internal tracking number NGC22-587. A status update to
this request was provided on December 19, 2022, via email. In that response
it was stated NGC22-587 was #422 in our complex FOIA queue. The estimated
time to completion is 12 months from December 19, 2022. This is a
conservative estimate, and cases may move more quickly through the queue.
If you do not receive a response within this estimated completion time,
please contact us again for a status update.

In future correspondence, please cite tracking number NGC22-587.

Sincerely,

NGC FOIA Team

Office of General Counsel

National Archives and Records Administration

foia@nara.gov

301-837-3642

From: National Archives and Records Administration

February 17, 2023

Robert Hammond

MuckRock News

DEPT MR 129756

263 Huntington Ave

Boston, MA 02115

RE: Freedom of Information Act Request NGC22-587

To Whom It May Concern:

This is in response to your email dated February 16, 2023 asking for a
status update for internal tracking number NGC22-587. A status update to
this request was provided on December 19, 2022, via email. In that response
it was stated NGC22-587 was #417 in our complex FOIA queue. The estimated
time to completion is 11 months from February 17, 2023. This is a
conservative estimate, and cases may move more quickly through the queue.
If you do not receive a response within this estimated completion time,
please contact us again for a status update.

In future correspondence, please cite tracking number NGC22-587.

Sincerely,

NGC FOIA Team

Office of General Counsel

National Archives and Records Administration

foia@nara.gov

301-837-3642

From: Robert Hammond

Status please.

From: National Archives and Records Administration

Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.

From: Robert Hammond

Status please.

From: National Archives and Records Administration

Sent via Email <requests@muckrock.com>

January 17, 2024

Robert Hammond

MuckRock News
DEPT MR 129756
263 Huntington Ave
Boston, MA 02115

RE: Freedom of Information Act Request NGC22-587

Dear Mr. Hammond:

This is in response to your email dated December 27, 2024 asking for a
status update for FOIA request NGC22-587. Currently, NGC22-587 is #272 in
our complex FOIA queue. Our estimated time to completion is 22 months from
today. This is a conservative estimate, and cases may move more quickly
through the queue. If you do not receive a response within this estimated
completion time, please contact us again for a status update.

In future correspondence, please cite tracking number NGC22-587.

Sincerely,

NGC FOIA Team

Office of General Counsel

National Archives and Records Administration

foia@nara.gov

301-837-3642

From: Robert Hammond

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Thursday, January 18, 2024 8:29 PM
To: OIP.ComplianceInquiry@usdoj.gov; bobak.Talebian@usdoj.gov; Lindsay.Steel@usdoj.gov
Cc: archivistoftheunitedstates@nara.gov; william.bosanko@nara.gov; micah.cheatham@nara.gov; garym.stern@nara.gov; pamela.wright@nara.gov; erica.pearson@nara.gov; valorie.findlater@nara.gov; Colleen.Murphy@nara.gov; sheena.burrell@nara.gov; john.hamilton@nara.gov; jay.trainer@nara.gov; susan.donius@nara.gov; chris.naylor@nara.gov; mark.smith@nara.gov; oliver.potts@nara.gov; amon.nevils@nara.gov; laurence.brewer@nara.gov; john.valceanu@nara.gov; tasha.ford@nara.gov; brett.baker@nara.gov; meg.phillips@nara.gov; christopher.eck@nara.gov; mark.bradley@nara.gov; alina.semo@nara.gov; christopher.pinkney@nara.gov; william.fischer@nara.gov; scott.levins@nara.gov; allison.olson@nara.gov; richard.hunt@nara.gov; kara.blond@nara.gov; stephanie.bogan@nara.gov; john.simms@nara.gov; john.valceanu@nara.gov; ovnelle.millwood@nara.gov; ellis.brachman@nara.gov; martha.murphy@nara.gov; sheela.portonovo@nara.gov; carrie.mcguire@nara.gov; kirsten.mitchell@nara.gov; teresa.brady@nara.gov; dwaine.bacon@nara.gov; jessica.hartman@nara.gov; 'Andrew Denham' <andrew.denham@nara.gov>; daniel.levenson@nara.gov; kimberlee.ried@nara.gov; 'FOIA' <foia@nara.gov>; ngc.foia.liaison@nara.gov; ogis@nara.gov; alina.semo@nara.gov; execsec@nara.gov; perseverance2013@aol.com
Subject: DOJ OIP Compliance Inquiry. NARA-NGC-2022-001283. Subject: Expedited FOIA Request NARA 22-V.D.MUCK. NARA FOIA Instructions and SOPs

Robert Hammond
Perseverance2013@aol.com

January 18, 2024

Office of Information Policy (OIP)
U.S. Department of Justice
6th Floor
441 G St. NW
Washington DC 20530
OIP.ComplianceInquiry@usdoj.gov; bobak.Talebian@usdoj.gov; Lindsay.Steel@usdoj.gov

Subject: DOJ OIP Compliance Inquiry. NARA-NGC-2022-001283. Subject: Expedited FOIA Request NARA 22-V.D.MUCK. NARA FOIA Instructions and SOPs.

Mr. Talebian, Ms. Steel DOJ OIP Compliance Inquiry Staff,
Please provide me with the individualized DOJ OIP compliance Inquiry tracking number for this complaint. All records are publicly available on Muckrock.com at https://www.muckrock.com/foi/united-states-of-america-10/expedited-foia-request-nara-22-vdmuck-nara-foia-instructions-and-sops-129756/. Note that correspondence that I enter into Muckrock.com goes to FOIA@nara.gov and NARA’s FPL is also its Chief FOIA Officer, Gary Stern.
Issues.
1. I am seeking immediate FOIA compliance regarding NARA’s failure/refusal to engage in FOIA Public Liaison Dispute Resolution per my request of 11/17/2022 regarding NARA’s “complex” classification of my June 5, 2022 FOIA Request NARA-NGC-2022-001283. Subject: Expedited FOIA Request NARA 22-V.D.MUCK. NARA FOIA Instructions and SOPs when this is a simple request and records are held by NARA’s FOIA Office..
2. NARA has failed to respond to my request for expedited processing.
3. NARA failed to provide a determination of my FOIA request and in violation of NARA’s own FOIA regulation Title 36 Chapter XII Subchapter C § 1250.26 and therefore in violation of the Administrative Procedures Act

§ 1250.26 How does NARA process my FOIA request?

(a) Acknowledgement. NARA acknowledges all FOIA requests in writing within 20 working days after receipt by the appropriate office (see 36 CFR 1250.22). The acknowledgement letter or email informs you of your request tracking number, and any complexity in processing that may lengthen the time NARA requires to reach a final decision on the release of the records.
Please provide your closure letter affirming these violations to Ms. Colleen Shogan, Archivist of the United States.

With my respect,
Robert (Bob) Hammond
Private Citizen FOIA Advocate

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