NARA 23 -F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments

July 12, 2023

FOIA Officer
National Archives and Records Administration 8601 Adelphi Road, Room 3110
College Park, MD 20740 By Fax: (301) 837-0293
By E-mail: foia@nara.gov
Via Muckrock.com

Copy to Debra Wall, AOTUS

Subject: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments

I am submitting this request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended and the Privacy Act. If you deny all or any part of this request, please cite each specific exemption you think justifies your decision not to release the information under both Acts and notify me of appeal procedures available under the law.

References cited below apply.

***This Request will be timely for Judicial Review in twenty working days***

RECORDS SOUGHT VIA FOIA.

Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments. See PDF.

I am respectfully seeking:

1. Records of all persons who registered via Eventbrite to attend the meeting.

2. All records of the June 8, 2023 Webex Chat comments which the Meeting Minutes certified by Alina states:

Ms. Mitchell stated that Committee chat comments have been read into the record and reiterated the comment from the Nuclear Regulatory Commission FOIA professional about the Exemption 5 privilege issue that a global policy of citing the specific privilege would create efficiencies across government.

Mr. Levenson confirmed that there were no additional chat comments.

3. Records include but are not limited to “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. Ms. Semo’s certified meeting minutes cite the following persons participating in the virtual meeting:

Committee members present at the virtual meeting:
• Alina M. Semo, Director, Office of Government Information Services (OGIS), National Archives and Records Administration (NARA) (Committee Chairperson)
• Carmen A. Collins, U.S. Department of Defense
• David Cuillier, University of Arizona
• Allyson Deitrick, U.S. Department of Commerce
• Gorka Garcia-Malene, U.S. Department of Health and Human Services
• Lauren Harper, National Security Archive
• Michael Heise, U.S. Equal Employment Opportunity Commission
• Alexander Howard, Digital Democracy Project
• Gbemende Johnson, University of Georgia
• Jason R. Baron, University of Maryland
• Luke Nichter, Chapman University
• Eira Tansey, Memory Rising
• Catrina Pavlik-Keenan, U.S. Department of Homeland Security
• Thomas Susman, American Bar Association
• Bobak Talebian, U.S. Department of Justice, Office of Information Policy
• Patricia Weth, U.S. Environmental Protection Agency
• Committee members absent from the meeting:
• Paul Chalmers, Pension Benefit Guaranty Corporation
• Stefanie Jewett, U.S. Department of the Interior Office of Inspector General
• Adam Marshall, Reporters Committee for Freedom of the Press
• Benjamin Tingo, OPEXUS (formerly AINS)

Others present or participating in the virtual meeting:
• Dr. Colleen Shogan, Archivist of the United States, NARA
• Kirsten B. Mitchell, Committee’s Designated Federal Officer, NARA
• Daniel Levenson, Committee’s Alternate Designated Federal Officer, NARA
• David Bloom, MITRE Corporation
• Dr. Eliot G. Wilczek, MITRE Corporation
• Gretchen Gehrke, public commenter
• Michelle Ridley, Webex event producer

4. I am also seeking a copy of this FOIA Request, which is an Agency record subject to FOIA 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.

REQUESTED FORMAT.

I am also seeking records in their native format (MS. Outlook, PowerPoint, Excel, ADA accessible PDF files by return email 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 via email in PDF 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. Emails should be provided as MS Outlook files, if not encrypted or otherwise unable to be opened by me. Only if this is not possible, emails should be produced with their embedded hyperlinked attachments by using the “File => Save as Adobe PDF” command within Outlook or by other software that produces the same result.

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.

In all correspondence, return a copy of my FOIA request, cite my personal request number and cite records sought.

Provide Records via Muckrock.com.

FEE WAIVER/ PUBLIC INTEREST/PUBLIC RELEASE. Notwithstanding my agreement to pay fees below if my fee waiver is denied, I am seeking a fee waiver due to significant public interest in this information. The subject of the requested records concerns "the operations or activities of the government.” The disclosure is "likely to contribute" to an understanding of government operations or activities. There is no commercial interest. There is significant public interest.

AGREEMENT TO PAY FEES.

I agree to pay fees for searching or copying the records up to $25. If the fees exceed this amount, please advise me of the cost before proceeding. I do not believe that there should be any charge for providing these records, as there is public interest in government operations. I am a private individual not seeking documents for commercial use, such that the following applies: “No fees may be charged by any DoD Component if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the exception of requesters seeking documents for a commercial use, Components shall provide the first two hours of search time, and the first one hundred pages of duplication without charge.” I would note that because I am requesting an electronic file, there should not be a per page copy fee. The OMB Guidelines direct that searches for responsive records should be done in the "most efficient and least expensive manner." See OMB Fee Guidelines, 52 Fed. Reg. at 10,017. As an “all others” requester, I may only be assessed search and duplication fees and not fees for review. See 32 CFR 286.12 - Schedule of fees. Also, please note that, should payment become necessary, the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: " United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980 ; Pub. L. 97–452, §1(19), Jan. 12, 1983, 96 Stat. 2477 .)

EXPEDITED PROCESSING.
I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:
1. Records 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.
a. Potential bias in NARA’s handling of unauthorized removal of official records by our current and prior president and other senior officials in those administrations is of great public interest, which relates to my underlying FOIA request.
b. I may place this correspondence into the public domain to document NARA alleged misconduct.

2. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOAI meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public-comments

- OGIS Annual Open Meeting Public comments https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is incontrovertible.
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”
• My work is distributed by email to an audience of FOIA professionals, media, and interested parties with frequent active distribution.
3. I am seeking expedited processing due to eminent substantial loss of due process rights related to mu underlying FOIA request and appeal, which is now ripe for litigation.

ESTIMATED COMPLETION DATES

Provide me with the initial estimated completion date (ESD) for this matter along with contemporaneous adjusted ESDs as they change. See Office of Government Information Services Advisory Opinion No. 2020-01: Agencies Must Provide Estimated Dates of Completion Upon Request https://www.archives.gov/ogis/advisory-opinions/2020-01-agencies-must-provide-edcs

STILL-INTERESTED PREEMPTIVE REPLY. This is a preemptive reply to the Justice Department guidelines the procedure known as a “still interested” inquiry, through which a FOIA officer can confirm that the requester has not lost interest in obtaining the documents.

My interest in all FOIA requests and appeals submitted to your office is enduring, meaning that my interest in seeking replies to all past and future FOIA request remains in effect until each request has been answered fully and the time for judicial review has passed. Please do not initiate any "still interested" inquiries. This serves as my notice of enduring interest and automatic reply to any future questions of interest by your office. There are no reasonable grounds to ever conclude in the future that I am not interested in this request.

Implementation Checklist for DOJ OIP Guidance on “Still-Interested” Inquiries
1. Ensure there are reasonable grounds to make a “still-interested” inquiry in first instance.
2. Absent good cause, do not make multiple “still-interested” inquiries.
3. Use requester’s preferred method of communication and in the absence of a preference, communicate by telephone or email as the default.
4. Memorialize any decision by a requester to withdraw a request that is conveyed by telephone by sending the requester a brief email or letter noting the withdrawal.
5. Provide requesters no less than thirty (30) working days to respond to the “still-interested” inquiry and ensure that there is a simple way to do so.
6. Advise the requester that if they elect not to respond to the inquiry, the request will be administratively closed at the conclusion of the designated time period (which must be at least 30 working days).
7. Prior to administratively closing a request based upon the lack of a response by the requester, make good faith efforts to reach out to the requester using multiple methods of communication.
8. In the event a requester responds to the “still- interested” inquiry within a reasonable time after the deadline has passed, reopen the request and place it back into the processing queue where it would have been.

PRESERVE RECORDS AND SEARCHES FOR JUDICIAL REVIEW.

Please search for, locate and preserve all responsive or potentially responsive records and records of your searches in your FOIA case file until the statutory date for judicial review has passed (should that be necessary) or in accordance with a NARA approved records schedule, if longer. NARA GRS 4.2 requires that FOIA and Privacy Act case files be retained for 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later.
Records of responsive searches would include but not be limited to: searches conducted for each specific record sought and all other records known to the Agency, including dates, manner of searching, responsible agent or employee conducting each search and the results thereof. Such persons determining the locations of responsive records must be inclusive of persons who would know such locations and their identities and manner of determining search locations must be preserved.

In any subsequent proceedings, I may seek sworn declarations and a court order appointing a special counsel, as appropriate. Similarly, I may pursue additional venues.

Any deletion of potentially responsive records by any party having knowledge of this Request may be a violation of law. In as much as applicable staff and leadership have knowledge of my subject request, the Agency must search for, locate and preserve all responsive or potentially responsive records and records of searches in their FOIA case file, and leadership must ensure that this is done. Failing to do so and allowing records to be deleted IAW any other records management schedule may be a violation of law.

ELECTRONIC RECORDS PRESERVATION.

The Agency must preserve all electronically stored information, copies and backup, as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files which the Agency maintains, relevant to this action I am seeking electronic data in the Agency’s custody and control that is relevant to this action, including without limitation emails, along with metadata, and other information contained on Agency computer systems and any electronic storage systems. I consider this electronic data and paper files to be valuable and irreplaceable sources of discoverable information in this matter. No procedures should have been implemented to alter any active, deleted or fragmented data. Moreover, no electronic data should have been disposed of or destroyed. (ETL Institute for Advancement of America’s Legal System).

Further, to properly fulfill your preservation obligation, stop all scheduled data destruction, electronic shredding, rotation of backup tapes, and the sale, gift or destruction of hardware. Notify all individuals and of the need and duty to take the necessary affirmatives steps to comply with the duty to preserve evidence. (2008 Thomson Delmar Learning).

The Agency’s Director of Information Operations or similar organization must initiate procedures to preserve electronic records.

APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

ALTERATION/DESTRUCTION OF RECORDS

18 U.S. CODE § 1519 - DESTRUCTION, ALTERATION, OR FALSIFICATION OF RECORDS.

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).
36 CFR § 1230 UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under §1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
36 CFR § 1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
RECORDS
(a) FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009

IMPROPOERLY WITHHOLDING RECORDS

Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).

PERJURY
Whoever-
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 U.S. C. § 1621 - Perjury generally (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619, §1, Oct. 3, 1964, 78 Stat. 995 ; Pub. L. 94–550, §2, Oct. 18, 1976, 90 Stat. 2534 ; Pub. L. 103–322, title XXXIII, §330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.
SUBORDINATION OF PERJURY
The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath
Title 18 U.S.C. § 1622 provides:
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
FALSE OFFICIAL STATEMENTS.
18 U.S.C. § 1001. Statements or entries generally:
a. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
2. makes any materially false, fictitious, or fraudulent statement or representation; or
3. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
10 U.S. Code § 907. Art. 107. False official statements; false swearing:
(a) FALSE OFFICIAL STATEMENTS. Any person subject to this chapter who, with intent to deceive—
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false;

shall be punished as a court-martial may direct.”

LEGAL FRAMEWORK OF FOIA

1. The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
2. FOIA requires that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person” 5 U.S.C. § 552(a)(3)(A).
3. FOIA requires that “each agency shall establish a system to assign an individualized tracking number for each request received that will take longer than ten days to process and provide to each person making a request the tracking number assigned to the request” 5 U.S.C. § 522(a)(7)(A).
4. FOIA requires that each agency shall “establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including the date on which the agency originally received the request; and an estimated date on which the agency will complete action on the request. 5 U.S.C. § 522(a)(7)(B).
5. FOIA also requires federal agencies to make a final determination on FOIA administrative appeals that it receives within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal, unless the agency expressly provides notice to the requester of “unusual circumstances” meriting additional time for responding to a FOIA request. 5 U.S.C. § 552(a)(6)(A)(ii).
6. FOIA expressly provides that a person shall be deemed to have constructively exhausted their administrative remedies if the agency fails to comply with the applicable time limitations provided by 5 U.S.C. § 552(a)(6)(A)(I) - (ii). See also 5 U.S.C. § 552(a)(6)(C).
7. FOIA provides that any person who has not been provided the records requested pursuant to FOIA, after exhausting their administrative remedies, may seek legal redress from the Federal District Court to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.
8. Regarding the names of the FOIA requesters, the courts have held that under the FOIA requesters do not have an expectation of privacy. Stauss v. IRS, 516 F. Supp. 1218, 1223 (D.D.C. 1981),
9. Under FOIA, the federal agency has the burden of sustaining its actions. 5 U.S.C.§ 552(a)(4)(B).
10. Pursuant to FOIA, a Court may assess attorney fees and litigation costs against the United States if the Plaintiff prevails in an action thereunder. 5 U.S.C. § 552(a)(4)(E).
11. Department of Justice (DOJ) has issued a handbook addressing FOIA Annual Reports. See DOJ, Handbook for Agency Annual Freedom of Information Act Reports, “Disposition of FOIA Requests,” (available at http://www.justice.gov/sites/default/files/oip/pages/attachments/2014/11/04/department_of_justice_handbook_for_agency_annual_freedom_of_information_act_reports.pdf) (“DOJ Handbook”).
12. Among other things, the DOJ Handbook states, “All requests (perfected and non-perfected), appeals, and consultations that were pending at any time during the relevant fiscal year [October 1st through September 30th] will be captured.”
13. The DOJ Handbook also states:
“[E]ach agency is ultimately responsible for the accuracy and completeness of its Annual FOIA Report. It is therefore essential for agencies to take steps that will ensure that they are adequately tracking all of the information necessary to complete the Annual FOIA Report sections detailed below. Agencies that utilize a tracking or case management system for this purpose are responsible for ensuring that the system they are using can produce an accurate Annual FOIA Report that is in compliance with the law and Department of Justice guidance.” DOJ Handbook, at 3.

I believe that I have adequately described the records that I am seeking. If you believe that my request is unclear, if you have any questions, or if there is anything else that you need from me to complete this request in a timely manner, please contact me in writing, so that I may perfect my request. If you deem that any portion of my request is unclear, answer the remaining portions and I will perfect a request for additional material as needed.

Thank you very much in advance.

With my respect,

/s/
Robert Hammond
Requester
Whistleblower

References:
(a) The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended,
(b) Joint publication of U.S. Department of Justice, Executive Office of the President and U.S. General Services Administration of July 2011, “Your Right to Federal Records”
(c) The Privacy Act (“PA”) of 1974, 5 U.S.C. § 552a, et seq., as amended
(d) DoD 5400.11-R, May 14, 2007, Department of Defense Privacy Program
(e) DoD 5400.7-R, September 1998, DoD Freedom of Information Act (FOIA) Program
(f) DoD 6025.18-R, Jan. 24, 2003, DoD Health Information Privacy Regulation
(g) GAO Report GAO-12-828 of July 2012, subject Freedom of Information Act
(h) Department of Justice Handbook for Agency Annual Freedom of Information Act Reports
(i) (b) Administrative Instruction 106, “Alternative Dispute Resolution (ADR) Program,” January 30, 2014
(j) DoD Directive 5145.01, “General Counsel of the Department of Defense (GC DoD),” December 2, 2013, as amended
(k) DoD Directive 5145.04, “Defense Legal Services Agency (DLSA),” April 16, 2012
(l) (f) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(m) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014
(n) Executive Order 12988, “Civil Justice Reform,” February 5, 1996
(o) Public Law 101-552, “Administrative Dispute Resolution Act,” November 15, 1990
(p) Public Law 104–320, “Administrative Dispute Resolution Act of 1996,” October 19, 1996
(q) Presidential Memorandum for Heads of Executive Departments and Agencies, “Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking,” May 1, 1998
(r) United States Code, Title 5
(s) DoD Instruction 5145.05, “Alternative Dispute Resolution (ADR) and Conflict Management”
(t) Alternate Dispute Resolution Handbook (opm.gov/policy-data-oversight/employee-relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf)
(u) President Obama's FOIA Memorandum and Attorney General Holder's FOIA Guidelines (justice.gov/sites/default/files/oip/legacy/2014/07/23/foia-memorandum.pdf)

 
# Hammond Public Comments. Document Cloud Alphabetical
(25 per page on web, not alphabetical) https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20
1 DOD’s CFR 32 PART 310 is Contrary to Law
DOJ OIP “FOIA Reference Mode is Contrary to Law
2 Expedited FOIA Processing Malfeasance - NARA FY 2020 & FY2021
3 Foreseeable Harm Standard. DOJ OIP Misinformation + Navy Misconduct and Idiocy
4 Agency FY 2022 Admissions of Error to FY 2021 FOIA Reports
5 OGIS Disrespects FOIA Requesters. 2023 04 25 Chief FOIA Officers Meeting
6 NARA FY 2022 FOIA Fraud
7 Chief FOIA Officers Council April 25, 2023 Meeting - Hammond Oral Comments
8 FOIA Advisory Committee Meeting March 2, 2023. Hammond Comments
9 Centrally Funded FOIA Portal and Case Managements Platform for all Federal Agencies
10 Combining Appeals Across FY - NARA Massive FOIA Fraud
11 DOJ OIP Unlawful Standard Glomar Response with Implicit (b)(1) & (b)(7
12 Navy FY 2018 Appeals Disappeared
13 Navy FOIA Fraud - False Reporting, Refusal of FOIA.gov, etc.
14 FOIA Advisory Committee Meeting December 1 2022. Hammond Comments v3
15 Navy FOIA Misconduct. No IDA Letter & Fee Abuse. DON-NAVY-2023-000588
16 Individualized Tracking Numbers. NARA FOIA Fraud. Hatch Act Violations
17 OGIS & Navy FOIA Fraud. Mediation, ECDs, False FOIA Reporting
18 Foreseeable Harm Standard Vanita Gupta. November 3, 2022 CFO Meeting
19 Sued into Oblivion. Foreseeable Harm Standard
20 Senator Grassley - DOJ OIP's Position Doesn't Pass the Common Sense Test
21 Subpoena Threat & Congressional Demand for OGIS to Release Records. OMB Kills Recommendations. What has changed
22 Posting FOIA Logs. Tech Committee Recommendation #2. FOIA Ombudsman Inaccurate Citation
23 Moot Appellate Determinations
24 OGIS Funding and Case Accountability Logs
25 Preserve FOIAonline Records + Decertify FOIA.gov + Audit NARA + Post FOIA Logs
26 HOT! Semo OGIS. Budget Numbers do not Comport w. NARA Published Budgets!
27 Mandatory Right to OGIS Dispute Resolution - OGIS Malfeasance 20220616
28 Comments to Unlawful Chief FOIA Officers Meeting of November 17 2021
29 OGIS & DOJ OIP Misstate Recommendation to Post FOIA Logs - Why
30 Hammond Questions Comments for September 8 2022 meeting. OGIS and DOJ OIP Lack of Funding w.attach
31 FOIA Line-Item Budgets Now. Let the citizens be heard. Retire FOIA Bob
32 Failure - FOIA Compliance Oversight & Funding. Part 2. No Joking Matter
33 All Panelist Chat to June 9, 2022 FOIA Advisory Committee Meeting. OGIS DOJ Funding + Missing FOIA.gov Data
34 Senators Unite to Slam FOIA Compliance + POGO
35 DOD Massive False FOIA Reporting. Part 1. Letter to SECDEF, Complaint to DOJ OIG
36 DOJ OIP (Inaccurate) CFO Report Assessment 2022
37 2022- 2024 FOIA Advisory Committee Inaugural Meeting. DOJ OIP OGIS Grossly Underfunded
38 NARA FY 2022 Data Stripped From FOIA.gov
39 2022- 2024 FOIA Advisory Committee Bylaws - Recommended Changes
40 Sample FOIA Template to Combat Agency Misconduct 20220616
41 NARA, PLEASE FUND OGIS!! (PART 1). Robert Hammond September 9, 2021 Speaker Notes
42 DOD FOIA Misconduct Part V. Navy FY 2018 Appeals Dispositions Bases Not Reported
43 DOD FOIA Misconduct Part IV. FY 2018 Appeals Disappeared + DOJ OIP & OGIS Underfunded, Thus Ineffective
44 NARA FOIA & Financial Malfeasance $789,730 + Alteration of Records and Loss of Public Trust
45 DOD MASSIVE FALSE REPORTING PART II + Still Interested Abuse. Updated July 27, 2022
46 DOJ OIP Compliance Inquiries
47 DOD Massive False Reporting Part III. 5-year Late Acknowledgements Unusual Circumstances Abuse +
48 Hammond Recommendations and Chat Comments to 4.7.2022 FOIA Advisory Committee Meeting
49 Violations of the ADA in FOIA Redactions, Simple Solution
50 FOIAonline - Recommended System Changes
51 OGIS Negligence Generally & Improper June 29, 2022 FOIA Meeting
52 OGIS Posting Policy for Public Comments
53 QUESTIONS for June 29, 2022 OGIS Annual FOIA Meeting v2
54 Response to Hon. David S. Ferriero June 10 2021 Comments to FOIA Advisory Committee
55 Senate Hearing on FOIA. DOJ's Lack of Enforcement. Malfeasance. Open the Government
56 DOD Cites Change to CFR 32 CFR part 286.4 as Unlawful Basis for Omitting OGIS Mediation Rights 20220626

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Monday, July 17, 2023 11:28 AM
To: 'NARA General Counsel FOIA Office' <foia@nara.gov>; 'garym.stern@nara.gov' <garym.stern@nara.gov>; 'debra.wall@nara.gov' <debra.wall@nara.gov>; 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>
Cc: 'perseverance2013@aol.com' <perseverance2013@aol.com>
Subject: RE: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com

NARA:

1. Remedial Math. You received my FOIA request dated July 12, 2013 on July 12, 2023 not July 17, 2023 as stated in your email below. Please correct your records else you will be creating an errant FOIA package for administrative appeal and judicial review if necessary. You will also be engaging in false FOIA reporting.

2. Provide all correspondence via Muckrock.com per my FOIA request, which you should have received from Muckrock.

3. Preserve this communication in your FOIA case file.

Robert Hammond

From: NARA General Counsel FOIA Office <foia@nara.gov>
Sent: Monday, July 17, 2023 10:08 AM
To: perseverance2013@aol.com
Cc: NARA General Counsel FOIA Office <foia@nara.gov>
Subject: Re: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com

Sent via Email <perseverance2013@aol.com>

July 17, 2023

Robert Hammond
perseverance2013@aol.com
RE: Freedom of Information Act Request NGC23-504

Dear Mr. Hammond:

Your FOIA request, dated July 17, 23023, was received by the National Archives and Records Administration’s Office of General Counsel on the same date, via foia@nara.gov. We assigned your request tracking number NGC23-504. Please provide this number in any future correspondence about your case.

Sincerely,

NGC FOIA Team
Office of General Counsel
National Archives and Records Administration
foia@nara.gov
301-837-3642

On Wed, Jul 12, 2023 at 9:33 PM perseverance2013 via FOIA <FOIA@nara.gov> wrote:
Please see my expedited FOIA request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments submitted via Muckrock.com (NARA 23 -F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments • MuckRock).

Provide your responses through Muckrock.com.

--/

July 12, 2023

FOIA Officer
National Archives and Records Administration 8601 Adelphi Road, Room 3110
College Park, MD 20740 By Fax: (301) 837-0293
By E-mail: foia@nara.gov
Via Muckrock.com

Copy to Debra Wall, AOTUS

Subject: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments

I am submitting this request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended and the Privacy Act. If you deny all or any part of this request, please cite each specific exemption you think justifies your decision not to release the information under both Acts and notify me of appeal procedures available under the law.

References cited below apply.

***This Request will be timely for Judicial Review in twenty working days***

RECORDS SOUGHT VIA FOIA.

Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments. See PDF.

I am respectfully seeking:

1. Records of all persons who registered via Eventbrite to attend the meeting.

2. All records of the June 8, 2023 Webex Chat comments which the Meeting Minutes certified by Alina states:

Ms. Mitchell stated that Committee chat comments have been read into the record and reiterated the comment from the Nuclear Regulatory Commission FOIA professional about the Exemption 5 privilege issue that a global policy of citing the specific privilege would create efficiencies across government.

Mr. Levenson confirmed that there were no additional chat comments.

3. Records include but are not limited to “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. Ms. Semo’s certified meeting minutes cite the following persons participating in the virtual meeting:

Committee members present at the virtual meeting:
• Alina M. Semo, Director, Office of Government Information Services (OGIS), National Archives and Records Administration (NARA) (Committee Chairperson)
• Carmen A. Collins, U.S. Department of Defense
• David Cuillier, University of Arizona
• Allyson Deitrick, U.S. Department of Commerce
• Gorka Garcia-Malene, U.S. Department of Health and Human Services
• Lauren Harper, National Security Archive
• Michael Heise, U.S. Equal Employment Opportunity Commission
• Alexander Howard, Digital Democracy Project
• Gbemende Johnson, University of Georgia
• Jason R. Baron, University of Maryland
• Luke Nichter, Chapman University
• Eira Tansey, Memory Rising
• Catrina Pavlik-Keenan, U.S. Department of Homeland Security
• Thomas Susman, American Bar Association
• Bobak Talebian, U.S. Department of Justice, Office of Information Policy
• Patricia Weth, U.S. Environmental Protection Agency
• Committee members absent from the meeting:
• Paul Chalmers, Pension Benefit Guaranty Corporation
• Stefanie Jewett, U.S. Department of the Interior Office of Inspector General
• Adam Marshall, Reporters Committee for Freedom of the Press
• Benjamin Tingo, OPEXUS (formerly AINS)

Others present or participating in the virtual meeting:
• Dr. Colleen Shogan, Archivist of the United States, NARA
• Kirsten B. Mitchell, Committee’s Designated Federal Officer, NARA
• Daniel Levenson, Committee’s Alternate Designated Federal Officer, NARA
• David Bloom, MITRE Corporation
• Dr. Eliot G. Wilczek, MITRE Corporation
• Gretchen Gehrke, public commenter
• Michelle Ridley, Webex event producer

4. I am also seeking a copy of this FOIA Request, which is an Agency record subject to FOIA 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.

REQUESTED FORMAT.

I am also seeking records in their native format (MS. Outlook, PowerPoint, Excel, ADA accessible PDF files by return email 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 via email in PDF 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. Emails should be provided as MS Outlook files, if not encrypted or otherwise unable to be opened by me. Only if this is not possible, emails should be produced with their embedded hyperlinked attachments by using the “File => Save as Adobe PDF” command within Outlook or by other software that produces the same result.

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.

In all correspondence, return a copy of my FOIA request, cite my personal request number and cite records sought.

Provide Records via Muckrock.com.

FEE WAIVER/ PUBLIC INTEREST/PUBLIC RELEASE. Notwithstanding my agreement to pay fees below if my fee waiver is denied, I am seeking a fee waiver due to significant public interest in this information. The subject of the requested records concerns "the operations or activities of the government.” The disclosure is "likely to contribute" to an understanding of government operations or activities. There is no commercial interest. There is significant public interest.

AGREEMENT TO PAY FEES.

I agree to pay fees for searching or copying the records up to $25. If the fees exceed this amount, please advise me of the cost before proceeding. I do not believe that there should be any charge for providing these records, as there is public interest in government operations. I am a private individual not seeking documents for commercial use, such that the following applies: “No fees may be charged by any DoD Component if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the exception of requesters seeking documents for a commercial use, Components shall provide the first two hours of search time, and the first one hundred pages of duplication without charge.” I would note that because I am requesting an electronic file, there should not be a per page copy fee. The OMB Guidelines direct that searches for responsive records should be done in the "most efficient and least expensive manner." See OMB Fee Guidelines, 52 Fed. Reg. at 10,017. As an “all others” requester, I may only be assessed search and duplication fees and not fees for review. See 32 CFR 286.12 - Schedule of fees. Also, please note that, should payment become necessary, the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: " United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980 ; Pub. L. 97–452, §1(19), Jan. 12, 1983, 96 Stat. 2477 .)

EXPEDITED PROCESSING.
I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:
1. Records 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.
a. Potential bias in NARA’s handling of unauthorized removal of official records by our current and prior president and other senior officials in those administrations is of great public interest, which relates to my underlying FOIA request.
b. I may place this correspondence into the public domain to document NARA alleged misconduct.

2. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOAI meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public-comments

- OGIS Annual Open Meeting Public comments https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is incontrovertible.
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”
• My work is distributed by email to an audience of FOIA professionals, media, and interested parties with frequent active distribution.
3. I am seeking expedited processing due to eminent substantial loss of due process rights related to mu underlying FOIA request and appeal, which is now ripe for litigation.

ESTIMATED COMPLETION DATES

Provide me with the initial estimated completion date (ESD) for this matter along with contemporaneous adjusted ESDs as they change. See Office of Government Information Services Advisory Opinion No. 2020-01: Agencies Must Provide Estimated Dates of Completion Upon Request https://www.archives.gov/ogis/advisory-opinions/2020-01-agencies-must-provide-edcs

STILL-INTERESTED PREEMPTIVE REPLY. This is a preemptive reply to the Justice Department guidelines the procedure known as a “still interested” inquiry, through which a FOIA officer can confirm that the requester has not lost interest in obtaining the documents.

My interest in all FOIA requests and appeals submitted to your office is enduring, meaning that my interest in seeking replies to all past and future FOIA request remains in effect until each request has been answered fully and the time for judicial review has passed. Please do not initiate any "still interested" inquiries. This serves as my notice of enduring interest and automatic reply to any future questions of interest by your office. There are no reasonable grounds to ever conclude in the future that I am not interested in this request.

Implementation Checklist for DOJ OIP Guidance on “Still-Interested” Inquiries
1. Ensure there are reasonable grounds to make a “still-interested” inquiry in first instance.
2. Absent good cause, do not make multiple “still-interested” inquiries.
3. Use requester’s preferred method of communication and in the absence of a preference, communicate by telephone or email as the default.
4. Memorialize any decision by a requester to withdraw a request that is conveyed by telephone by sending the requester a brief email or letter noting the withdrawal.
5. Provide requesters no less than thirty (30) working days to respond to the “still-interested” inquiry and ensure that there is a simple way to do so.
6. Advise the requester that if they elect not to respond to the inquiry, the request will be administratively closed at the conclusion of the designated time period (which must be at least 30 working days).
7. Prior to administratively closing a request based upon the lack of a response by the requester, make good faith efforts to reach out to the requester using multiple methods of communication.
8. In the event a requester responds to the “still- interested” inquiry within a reasonable time after the deadline has passed, reopen the request and place it back into the processing queue where it would have been.

PRESERVE RECORDS AND SEARCHES FOR JUDICIAL REVIEW.

Please search for, locate and preserve all responsive or potentially responsive records and records of your searches in your FOIA case file until the statutory date for judicial review has passed (should that be necessary) or in accordance with a NARA approved records schedule, if longer. NARA GRS 4.2 requires that FOIA and Privacy Act case files be retained for 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later.
Records of responsive searches would include but not be limited to: searches conducted for each specific record sought and all other records known to the Agency, including dates, manner of searching, responsible agent or employee conducting each search and the results thereof. Such persons determining the locations of responsive records must be inclusive of persons who would know such locations and their identities and manner of determining search locations must be preserved.

In any subsequent proceedings, I may seek sworn declarations and a court order appointing a special counsel, as appropriate. Similarly, I may pursue additional venues.

Any deletion of potentially responsive records by any party having knowledge of this Request may be a violation of law. In as much as applicable staff and leadership have knowledge of my subject request, the Agency must search for, locate and preserve all responsive or potentially responsive records and records of searches in their FOIA case file, and leadership must ensure that this is done. Failing to do so and allowing records to be deleted IAW any other records management schedule may be a violation of law.

ELECTRONIC RECORDS PRESERVATION.

The Agency must preserve all electronically stored information, copies and backup, as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files which the Agency maintains, relevant to this action I am seeking electronic data in the Agency’s custody and control that is relevant to this action, including without limitation emails, along with metadata, and other information contained on Agency computer systems and any electronic storage systems. I consider this electronic data and paper files to be valuable and irreplaceable sources of discoverable information in this matter. No procedures should have been implemented to alter any active, deleted or fragmented data. Moreover, no electronic data should have been disposed of or destroyed. (ETL Institute for Advancement of America’s Legal System).

Further, to properly fulfill your preservation obligation, stop all scheduled data destruction, electronic shredding, rotation of backup tapes, and the sale, gift or destruction of hardware. Notify all individuals and of the need and duty to take the necessary affirmatives steps to comply with the duty to preserve evidence. (2008 Thomson Delmar Learning).

The Agency’s Director of Information Operations or similar organization must initiate procedures to preserve electronic records.

APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

ALTERATION/DESTRUCTION OF RECORDS

18 U.S. CODE § 1519 - DESTRUCTION, ALTERATION, OR FALSIFICATION OF RECORDS.

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).
36 CFR § 1230 UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under §1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
36 CFR § 1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
RECORDS
(a) FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009

IMPROPOERLY WITHHOLDING RECORDS

Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).

PERJURY
Whoever-
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 U.S. C. § 1621 - Perjury generally (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619, §1, Oct. 3, 1964, 78 Stat. 995 ; Pub. L. 94–550, §2, Oct. 18, 1976, 90 Stat. 2534 ; Pub. L. 103–322, title XXXIII, §330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.
SUBORDINATION OF PERJURY
The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath
Title 18 U.S.C. § 1622 provides:
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
FALSE OFFICIAL STATEMENTS.
18 U.S.C. § 1001. Statements or entries generally:
a. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
2. makes any materially false, fictitious, or fraudulent statement or representation; or
3. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
10 U.S. Code § 907. Art. 107. False official statements; false swearing:
(a) FALSE OFFICIAL STATEMENTS. Any person subject to this chapter who, with intent to deceive—
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false;

shall be punished as a court-martial may direct.”

LEGAL FRAMEWORK OF FOIA

1. The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
2. FOIA requires that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person” 5 U.S.C. § 552(a)(3)(A).
3. FOIA requires that “each agency shall establish a system to assign an individualized tracking number for each request received that will take longer than ten days to process and provide to each person making a request the tracking number assigned to the request” 5 U.S.C. § 522(a)(7)(A).
4. FOIA requires that each agency shall “establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including the date on which the agency originally received the request; and an estimated date on which the agency will complete action on the request. 5 U.S.C. § 522(a)(7)(B).
5. FOIA also requires federal agencies to make a final determination on FOIA administrative appeals that it receives within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal, unless the agency expressly provides notice to the requester of “unusual circumstances” meriting additional time for responding to a FOIA request. 5 U.S.C. § 552(a)(6)(A)(ii).
6. FOIA expressly provides that a person shall be deemed to have constructively exhausted their administrative remedies if the agency fails to comply with the applicable time limitations provided by 5 U.S.C. § 552(a)(6)(A)(I) - (ii). See also 5 U.S.C. § 552(a)(6)(C).
7. FOIA provides that any person who has not been provided the records requested pursuant to FOIA, after exhausting their administrative remedies, may seek legal redress from the Federal District Court to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.
8. Regarding the names of the FOIA requesters, the courts have held that under the FOIA requesters do not have an expectation of privacy. Stauss v. IRS, 516 F. Supp. 1218, 1223 (D.D.C. 1981),
9. Under FOIA, the federal agency has the burden of sustaining its actions. 5 U.S.C.§ 552(a)(4)(B).
10. Pursuant to FOIA, a Court may assess attorney fees and litigation costs against the United States if the Plaintiff prevails in an action thereunder. 5 U.S.C. § 552(a)(4)(E).
11. Department of Justice (DOJ) has issued a handbook addressing FOIA Annual Reports. See DOJ, Handbook for Agency Annual Freedom of Information Act Reports, “Disposition of FOIA Requests,” (available at http://www.justice.gov/sites/default/files/oip/pages/attachments/2014/11/04/department_of_justice_handbook_for_agency_annual_freedom_of_information_act_reports.pdf) (“DOJ Handbook”).
12. Among other things, the DOJ Handbook states, “All requests (perfected and non-perfected), appeals, and consultations that were pending at any time during the relevant fiscal year [October 1st through September 30th] will be captured.”
13. The DOJ Handbook also states:
“[E]ach agency is ultimately responsible for the accuracy and completeness of its Annual FOIA Report. It is therefore essential for agencies to take steps that will ensure that they are adequately tracking all of the information necessary to complete the Annual FOIA Report sections detailed below. Agencies that utilize a tracking or case management system for this purpose are responsible for ensuring that the system they are using can produce an accurate Annual FOIA Report that is in compliance with the law and Department of Justice guidance.” DOJ Handbook, at 3.

I believe that I have adequately described the records that I am seeking. If you believe that my request is unclear, if you have any questions, or if there is anything else that you need from me to complete this request in a timely manner, please contact me in writing, so that I may perfect my request. If you deem that any portion of my request is unclear, answer the remaining portions and I will perfect a request for additional material as needed.

Thank you very much in advance.

With my respect,

/s/
Robert Hammond
Requester
Whistleblower

References:
(a) The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended,
(b) Joint publication of U.S. Department of Justice, Executive Office of the President and U.S. General Services Administration of July 2011, “Your Right to Federal Records”
(c) The Privacy Act (“PA”) of 1974, 5 U.S.C. § 552a, et seq., as amended
(d) DoD 5400.11-R, May 14, 2007, Department of Defense Privacy Program
(e) DoD 5400.7-R, September 1998, DoD Freedom of Information Act (FOIA) Program
(f) DoD 6025.18-R, Jan. 24, 2003, DoD Health Information Privacy Regulation
(g) GAO Report GAO-12-828 of July 2012, subject Freedom of Information Act
(h) Department of Justice Handbook for Agency Annual Freedom of Information Act Reports
(i) (b) Administrative Instruction 106, “Alternative Dispute Resolution (ADR) Program,” January 30, 2014
(j) DoD Directive 5145.01, “General Counsel of the Department of Defense (GC DoD),” December 2, 2013, as amended
(k) DoD Directive 5145.04, “Defense Legal Services Agency (DLSA),” April 16, 2012
(l) (f) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(m) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014
(n) Executive Order 12988, “Civil Justice Reform,” February 5, 1996
(o) Public Law 101-552, “Administrative Dispute Resolution Act,” November 15, 1990
(p) Public Law 104–320, “Administrative Dispute Resolution Act of 1996,” October 19, 1996
(q) Presidential Memorandum for Heads of Executive Departments and Agencies, “Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking,” May 1, 1998
(r) United States Code, Title 5
(s) DoD Instruction 5145.05, “Alternative Dispute Resolution (ADR) and Conflict Management”
(t) Alternate Dispute Resolution Handbook (opm.gov/policy-data-oversight/employee-relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf)
(u) President Obama's FOIA Memorandum and Attorney General Holder's FOIA Guidelines (justice.gov/sites/default/files/oip/legacy/2014/07/23/foia-memorandum.pdf)

 
# Hammond Public Comments. Document Cloud Alphabetical
(25 per page on web, not alphabetical) https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20
1 DOD’s CFR 32 PART 310 is Contrary to Law
DOJ OIP “FOIA Reference Mode is Contrary to Law
2 Expedited FOIA Processing Malfeasance - NARA FY 2020 & FY2021
3 Foreseeable Harm Standard. DOJ OIP Misinformation + Navy Misconduct and Idiocy
4 Agency FY 2022 Admissions of Error to FY 2021 FOIA Reports
5 OGIS Disrespects FOIA Requesters. 2023 04 25 Chief FOIA Officers Meeting
6 NARA FY 2022 FOIA Fraud
7 Chief FOIA Officers Council April 25, 2023 Meeting - Hammond Oral Comments
8 FOIA Advisory Committee Meeting March 2, 2023. Hammond Comments
9 Centrally Funded FOIA Portal and Case Managements Platform for all Federal Agencies
10 Combining Appeals Across FY - NARA Massive FOIA Fraud
11 DOJ OIP Unlawful Standard Glomar Response with Implicit (b)(1) & (b)(7
12 Navy FY 2018 Appeals Disappeared
13 Navy FOIA Fraud - False Reporting, Refusal of FOIA.gov, etc.
14 FOIA Advisory Committee Meeting December 1 2022. Hammond Comments v3
15 Navy FOIA Misconduct. No IDA Letter & Fee Abuse. DON-NAVY-2023-000588
16 Individualized Tracking Numbers. NARA FOIA Fraud. Hatch Act Violations
17 OGIS & Navy FOIA Fraud. Mediation, ECDs, False FOIA Reporting
18 Foreseeable Harm Standard Vanita Gupta. November 3, 2022 CFO Meeting
19 Sued into Oblivion. Foreseeable Harm Standard
20 Senator Grassley - DOJ OIP's Position Doesn't Pass the Common Sense Test
21 Subpoena Threat & Congressional Demand for OGIS to Release Records. OMB Kills Recommendations. What has changed
22 Posting FOIA Logs. Tech Committee Recommendation #2. FOIA Ombudsman Inaccurate Citation
23 Moot Appellate Determinations
24 OGIS Funding and Case Accountability Logs
25 Preserve FOIAonline Records + Decertify FOIA.gov + Audit NARA + Post FOIA Logs
26 HOT! Semo OGIS. Budget Numbers do not Comport w. NARA Published Budgets!
27 Mandatory Right to OGIS Dispute Resolution - OGIS Malfeasance 20220616
28 Comments to Unlawful Chief FOIA Officers Meeting of November 17 2021
29 OGIS & DOJ OIP Misstate Recommendation to Post FOIA Logs - Why
30 Hammond Questions Comments for September 8 2022 meeting. OGIS and DOJ OIP Lack of Funding w.attach
31 FOIA Line-Item Budgets Now. Let the citizens be heard. Retire FOIA Bob
32 Failure - FOIA Compliance Oversight & Funding. Part 2. No Joking Matter
33 All Panelist Chat to June 9, 2022 FOIA Advisory Committee Meeting. OGIS DOJ Funding + Missing FOIA.gov Data
34 Senators Unite to Slam FOIA Compliance + POGO
35 DOD Massive False FOIA Reporting. Part 1. Letter to SECDEF, Complaint to DOJ OIG
36 DOJ OIP (Inaccurate) CFO Report Assessment 2022
37 2022- 2024 FOIA Advisory Committee Inaugural Meeting. DOJ OIP OGIS Grossly Underfunded
38 NARA FY 2022 Data Stripped From FOIA.gov
39 2022- 2024 FOIA Advisory Committee Bylaws - Recommended Changes
40 Sample FOIA Template to Combat Agency Misconduct 20220616
41 NARA, PLEASE FUND OGIS!! (PART 1). Robert Hammond September 9, 2021 Speaker Notes
42 DOD FOIA Misconduct Part V. Navy FY 2018 Appeals Dispositions Bases Not Reported
43 DOD FOIA Misconduct Part IV. FY 2018 Appeals Disappeared + DOJ OIP & OGIS Underfunded, Thus Ineffective
44 NARA FOIA & Financial Malfeasance $789,730 + Alteration of Records and Loss of Public Trust
45 DOD MASSIVE FALSE REPORTING PART II + Still Interested Abuse. Updated July 27, 2022
46 DOJ OIP Compliance Inquiries
47 DOD Massive False Reporting Part III. 5-year Late Acknowledgements Unusual Circumstances Abuse +
48 Hammond Recommendations and Chat Comments to 4.7.2022 FOIA Advisory Committee Meeting
49 Violations of the ADA in FOIA Redactions, Simple Solution
50 FOIAonline - Recommended System Changes
51 OGIS Negligence Generally & Improper June 29, 2022 FOIA Meeting
52 OGIS Posting Policy for Public Comments
53 QUESTIONS for June 29, 2022 OGIS Annual FOIA Meeting v2
54 Response to Hon. David S. Ferriero June 10 2021 Comments to FOIA Advisory Committee
55 Senate Hearing on FOIA. DOJ's Lack of Enforcement. Malfeasance. Open the Government
56 DOD Cites Change to CFR 32 CFR part 286.4 as Unlawful Basis for Omitting OGIS Mediation Rights 20220626

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Monday, July 17, 2023 10:53 PM
To: 'NARA General Counsel FOIA Office' <foia@nara.gov>; 'debra.wall@nara.gov' <debra.wall@nara.gov>; 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>
Cc: 'perseverance2013@aol.com' <perseverance2013@aol.com>
Subject: RE: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com
Importance: High

Mr. Stern,

As a lawyer, you know that you may not delete portions of my incoming email (: Re: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com) and perpend your reply, which impermissibly alters the record.

You claim in your subject to be responding to my email ( Re: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com), yet you deleted:

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Monday, July 17, 2023 11:28 AM
To: 'NARA General Counsel FOIA Office' <foia@nara.gov>; garym.stern@nara.gov; debra.wall@nara.gov; archivistoftheunitedstates@nara.gov
Cc: perseverance2013@aol.com
Subject: RE: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com

NARA:

1. Remedial Math. You received my FOIA request dated July 12, 2013 on July 12, 2023 not July 17, 2023 as stated in your email below. Please correct your records else you will be creating an errant FOIA package for administrative appeal and judicial review if necessary. You will also be engaging in false FOIA reporting.

2. Provide all correspondence via Muckrock.com per my FOIA request, which you should have received from Muckrock.

3. Preserve this communication in your FOIA case file.

Robert Hammond

--/

Since the subject request involves the FOIA Advisory Committee, I may forward this correspondence to the Committee for information and a good chuckle – many are attorneys.

Please take accountability for your correspondence by identifying a real person in the signature block. “NGC FOIA Team” is not a person with delegated signature authority by the Archivist.

With my respect,

Robert Hammond

From: NARA General Counsel FOIA Office <foia@nara.gov>
Sent: Monday, July 17, 2023 12:07 PM
To: perseverance2013@aol.com
Cc: NARA General Counsel FOIA Office <foia@nara.gov>
Subject: Re: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com

Sent via Email <perseverance2013@aol.com>

July 17, 2023

Robert Hammond
perseverance2013@aol.com
RE: Freedom of Information Act Request NGC23-504

Dear Mr. Hammond:

Your FOIA request, dated July 12, 23023, was received by the National Archives and Records Administration’s Office of General Counsel on the same date, via foia@nara.gov. We assigned your request tracking number NGC23-504. Please provide this number in any future correspondence about your case.

Sincerely,

NGC FOIA Team
Office of General Counsel
National Archives and Records Administration
foia@nara.gov
301-837-3642

On Wed, Jul 12, 2023 at 9:33 PM perseverance2013 via FOIA <FOIA@nara.gov> wrote:
Please see my expedited FOIA request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments submitted via Muckrock.com (NARA 23 -F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments • MuckRock).

Provide your responses through Muckrock.com.

--/

July 12, 2023

FOIA Officer
National Archives and Records Administration 8601 Adelphi Road, Room 3110
College Park, MD 20740 By Fax: (301) 837-0293
By E-mail: foia@nara.gov
Via Muckrock.com

Copy to Debra Wall, AOTUS

Subject: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments

I am submitting this request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended and the Privacy Act. If you deny all or any part of this request, please cite each specific exemption you think justifies your decision not to release the information under both Acts and notify me of appeal procedures available under the law.

References cited below apply.

***This Request will be timely for Judicial Review in twenty working days***

RECORDS SOUGHT VIA FOIA.

Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments. See PDF.

I am respectfully seeking:

1. Records of all persons who registered via Eventbrite to attend the meeting.

2. All records of the June 8, 2023 Webex Chat comments which the Meeting Minutes certified by Alina states:

Ms. Mitchell stated that Committee chat comments have been read into the record and reiterated the comment from the Nuclear Regulatory Commission FOIA professional about the Exemption 5 privilege issue that a global policy of citing the specific privilege would create efficiencies across government.

Mr. Levenson confirmed that there were no additional chat comments.

3. Records include but are not limited to “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. Ms. Semo’s certified meeting minutes cite the following persons participating in the virtual meeting:

Committee members present at the virtual meeting:
• Alina M. Semo, Director, Office of Government Information Services (OGIS), National Archives and Records Administration (NARA) (Committee Chairperson)
• Carmen A. Collins, U.S. Department of Defense
• David Cuillier, University of Arizona
• Allyson Deitrick, U.S. Department of Commerce
• Gorka Garcia-Malene, U.S. Department of Health and Human Services
• Lauren Harper, National Security Archive
• Michael Heise, U.S. Equal Employment Opportunity Commission
• Alexander Howard, Digital Democracy Project
• Gbemende Johnson, University of Georgia
• Jason R. Baron, University of Maryland
• Luke Nichter, Chapman University
• Eira Tansey, Memory Rising
• Catrina Pavlik-Keenan, U.S. Department of Homeland Security
• Thomas Susman, American Bar Association
• Bobak Talebian, U.S. Department of Justice, Office of Information Policy
• Patricia Weth, U.S. Environmental Protection Agency
• Committee members absent from the meeting:
• Paul Chalmers, Pension Benefit Guaranty Corporation
• Stefanie Jewett, U.S. Department of the Interior Office of Inspector General
• Adam Marshall, Reporters Committee for Freedom of the Press
• Benjamin Tingo, OPEXUS (formerly AINS)

Others present or participating in the virtual meeting:
• Dr. Colleen Shogan, Archivist of the United States, NARA
• Kirsten B. Mitchell, Committee’s Designated Federal Officer, NARA
• Daniel Levenson, Committee’s Alternate Designated Federal Officer, NARA
• David Bloom, MITRE Corporation
• Dr. Eliot G. Wilczek, MITRE Corporation
• Gretchen Gehrke, public commenter
• Michelle Ridley, Webex event producer

4. I am also seeking a copy of this FOIA Request, which is an Agency record subject to FOIA 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.

REQUESTED FORMAT.

I am also seeking records in their native format (MS. Outlook, PowerPoint, Excel, ADA accessible PDF files by return email 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 via email in PDF 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. Emails should be provided as MS Outlook files, if not encrypted or otherwise unable to be opened by me. Only if this is not possible, emails should be produced with their embedded hyperlinked attachments by using the “File => Save as Adobe PDF” command within Outlook or by other software that produces the same result.

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.

In all correspondence, return a copy of my FOIA request, cite my personal request number and cite records sought.

Provide Records via Muckrock.com.

FEE WAIVER/ PUBLIC INTEREST/PUBLIC RELEASE. Notwithstanding my agreement to pay fees below if my fee waiver is denied, I am seeking a fee waiver due to significant public interest in this information. The subject of the requested records concerns "the operations or activities of the government.” The disclosure is "likely to contribute" to an understanding of government operations or activities. There is no commercial interest. There is significant public interest.

AGREEMENT TO PAY FEES.

I agree to pay fees for searching or copying the records up to $25. If the fees exceed this amount, please advise me of the cost before proceeding. I do not believe that there should be any charge for providing these records, as there is public interest in government operations. I am a private individual not seeking documents for commercial use, such that the following applies: “No fees may be charged by any DoD Component if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the exception of requesters seeking documents for a commercial use, Components shall provide the first two hours of search time, and the first one hundred pages of duplication without charge.” I would note that because I am requesting an electronic file, there should not be a per page copy fee. The OMB Guidelines direct that searches for responsive records should be done in the "most efficient and least expensive manner." See OMB Fee Guidelines, 52 Fed. Reg. at 10,017. As an “all others” requester, I may only be assessed search and duplication fees and not fees for review. See 32 CFR 286.12 - Schedule of fees. Also, please note that, should payment become necessary, the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: " United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980 ; Pub. L. 97–452, §1(19), Jan. 12, 1983, 96 Stat. 2477 .)

EXPEDITED PROCESSING.
I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:
1. Records 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.
a. Potential bias in NARA’s handling of unauthorized removal of official records by our current and prior president and other senior officials in those administrations is of great public interest, which relates to my underlying FOIA request.
b. I may place this correspondence into the public domain to document NARA alleged misconduct.

2. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOAI meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public-comments

- OGIS Annual Open Meeting Public comments https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is incontrovertible.
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”
• My work is distributed by email to an audience of FOIA professionals, media, and interested parties with frequent active distribution.
3. I am seeking expedited processing due to eminent substantial loss of due process rights related to mu underlying FOIA request and appeal, which is now ripe for litigation.

ESTIMATED COMPLETION DATES

Provide me with the initial estimated completion date (ESD) for this matter along with contemporaneous adjusted ESDs as they change. See Office of Government Information Services Advisory Opinion No. 2020-01: Agencies Must Provide Estimated Dates of Completion Upon Request https://www.archives.gov/ogis/advisory-opinions/2020-01-agencies-must-provide-edcs

STILL-INTERESTED PREEMPTIVE REPLY. This is a preemptive reply to the Justice Department guidelines the procedure known as a “still interested” inquiry, through which a FOIA officer can confirm that the requester has not lost interest in obtaining the documents.

My interest in all FOIA requests and appeals submitted to your office is enduring, meaning that my interest in seeking replies to all past and future FOIA request remains in effect until each request has been answered fully and the time for judicial review has passed. Please do not initiate any "still interested" inquiries. This serves as my notice of enduring interest and automatic reply to any future questions of interest by your office. There are no reasonable grounds to ever conclude in the future that I am not interested in this request.

Implementation Checklist for DOJ OIP Guidance on “Still-Interested” Inquiries
1. Ensure there are reasonable grounds to make a “still-interested” inquiry in first instance.
2. Absent good cause, do not make multiple “still-interested” inquiries.
3. Use requester’s preferred method of communication and in the absence of a preference, communicate by telephone or email as the default.
4. Memorialize any decision by a requester to withdraw a request that is conveyed by telephone by sending the requester a brief email or letter noting the withdrawal.
5. Provide requesters no less than thirty (30) working days to respond to the “still-interested” inquiry and ensure that there is a simple way to do so.
6. Advise the requester that if they elect not to respond to the inquiry, the request will be administratively closed at the conclusion of the designated time period (which must be at least 30 working days).
7. Prior to administratively closing a request based upon the lack of a response by the requester, make good faith efforts to reach out to the requester using multiple methods of communication.
8. In the event a requester responds to the “still- interested” inquiry within a reasonable time after the deadline has passed, reopen the request and place it back into the processing queue where it would have been.

PRESERVE RECORDS AND SEARCHES FOR JUDICIAL REVIEW.

Please search for, locate and preserve all responsive or potentially responsive records and records of your searches in your FOIA case file until the statutory date for judicial review has passed (should that be necessary) or in accordance with a NARA approved records schedule, if longer. NARA GRS 4.2 requires that FOIA and Privacy Act case files be retained for 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later.
Records of responsive searches would include but not be limited to: searches conducted for each specific record sought and all other records known to the Agency, including dates, manner of searching, responsible agent or employee conducting each search and the results thereof. Such persons determining the locations of responsive records must be inclusive of persons who would know such locations and their identities and manner of determining search locations must be preserved.

In any subsequent proceedings, I may seek sworn declarations and a court order appointing a special counsel, as appropriate. Similarly, I may pursue additional venues.

Any deletion of potentially responsive records by any party having knowledge of this Request may be a violation of law. In as much as applicable staff and leadership have knowledge of my subject request, the Agency must search for, locate and preserve all responsive or potentially responsive records and records of searches in their FOIA case file, and leadership must ensure that this is done. Failing to do so and allowing records to be deleted IAW any other records management schedule may be a violation of law.

ELECTRONIC RECORDS PRESERVATION.

The Agency must preserve all electronically stored information, copies and backup, as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files which the Agency maintains, relevant to this action I am seeking electronic data in the Agency’s custody and control that is relevant to this action, including without limitation emails, along with metadata, and other information contained on Agency computer systems and any electronic storage systems. I consider this electronic data and paper files to be valuable and irreplaceable sources of discoverable information in this matter. No procedures should have been implemented to alter any active, deleted or fragmented data. Moreover, no electronic data should have been disposed of or destroyed. (ETL Institute for Advancement of America’s Legal System).

Further, to properly fulfill your preservation obligation, stop all scheduled data destruction, electronic shredding, rotation of backup tapes, and the sale, gift or destruction of hardware. Notify all individuals and of the need and duty to take the necessary affirmatives steps to comply with the duty to preserve evidence. (2008 Thomson Delmar Learning).

The Agency’s Director of Information Operations or similar organization must initiate procedures to preserve electronic records.

APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

ALTERATION/DESTRUCTION OF RECORDS

18 U.S. CODE § 1519 - DESTRUCTION, ALTERATION, OR FALSIFICATION OF RECORDS.

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).
36 CFR § 1230 UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under §1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
36 CFR § 1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
RECORDS
(a) FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009

IMPROPOERLY WITHHOLDING RECORDS

Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).

PERJURY
Whoever-
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 U.S. C. § 1621 - Perjury generally (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619, §1, Oct. 3, 1964, 78 Stat. 995 ; Pub. L. 94–550, §2, Oct. 18, 1976, 90 Stat. 2534 ; Pub. L. 103–322, title XXXIII, §330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.
SUBORDINATION OF PERJURY
The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath
Title 18 U.S.C. § 1622 provides:
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
FALSE OFFICIAL STATEMENTS.
18 U.S.C. § 1001. Statements or entries generally:
a. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
2. makes any materially false, fictitious, or fraudulent statement or representation; or
3. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
10 U.S. Code § 907. Art. 107. False official statements; false swearing:
(a) FALSE OFFICIAL STATEMENTS. Any person subject to this chapter who, with intent to deceive—
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false;

shall be punished as a court-martial may direct.”

LEGAL FRAMEWORK OF FOIA

1. The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
2. FOIA requires that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person” 5 U.S.C. § 552(a)(3)(A).
3. FOIA requires that “each agency shall establish a system to assign an individualized tracking number for each request received that will take longer than ten days to process and provide to each person making a request the tracking number assigned to the request” 5 U.S.C. § 522(a)(7)(A).
4. FOIA requires that each agency shall “establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including the date on which the agency originally received the request; and an estimated date on which the agency will complete action on the request. 5 U.S.C. § 522(a)(7)(B).
5. FOIA also requires federal agencies to make a final determination on FOIA administrative appeals that it receives within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal, unless the agency expressly provides notice to the requester of “unusual circumstances” meriting additional time for responding to a FOIA request. 5 U.S.C. § 552(a)(6)(A)(ii).
6. FOIA expressly provides that a person shall be deemed to have constructively exhausted their administrative remedies if the agency fails to comply with the applicable time limitations provided by 5 U.S.C. § 552(a)(6)(A)(I) - (ii). See also 5 U.S.C. § 552(a)(6)(C).
7. FOIA provides that any person who has not been provided the records requested pursuant to FOIA, after exhausting their administrative remedies, may seek legal redress from the Federal District Court to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.
8. Regarding the names of the FOIA requesters, the courts have held that under the FOIA requesters do not have an expectation of privacy. Stauss v. IRS, 516 F. Supp. 1218, 1223 (D.D.C. 1981),
9. Under FOIA, the federal agency has the burden of sustaining its actions. 5 U.S.C.§ 552(a)(4)(B).
10. Pursuant to FOIA, a Court may assess attorney fees and litigation costs against the United States if the Plaintiff prevails in an action thereunder. 5 U.S.C. § 552(a)(4)(E).
11. Department of Justice (DOJ) has issued a handbook addressing FOIA Annual Reports. See DOJ, Handbook for Agency Annual Freedom of Information Act Reports, “Disposition of FOIA Requests,” (available at http://www.justice.gov/sites/default/files/oip/pages/attachments/2014/11/04/department_of_justice_handbook_for_agency_annual_freedom_of_information_act_reports.pdf) (“DOJ Handbook”).
12. Among other things, the DOJ Handbook states, “All requests (perfected and non-perfected), appeals, and consultations that were pending at any time during the relevant fiscal year [October 1st through September 30th] will be captured.”
13. The DOJ Handbook also states:
“[E]ach agency is ultimately responsible for the accuracy and completeness of its Annual FOIA Report. It is therefore essential for agencies to take steps that will ensure that they are adequately tracking all of the information necessary to complete the Annual FOIA Report sections detailed below. Agencies that utilize a tracking or case management system for this purpose are responsible for ensuring that the system they are using can produce an accurate Annual FOIA Report that is in compliance with the law and Department of Justice guidance.” DOJ Handbook, at 3.

I believe that I have adequately described the records that I am seeking. If you believe that my request is unclear, if you have any questions, or if there is anything else that you need from me to complete this request in a timely manner, please contact me in writing, so that I may perfect my request. If you deem that any portion of my request is unclear, answer the remaining portions and I will perfect a request for additional material as needed.

Thank you very much in advance.

With my respect,

/s/
Robert Hammond
Requester
Whistleblower

References:
(a) The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended,
(b) Joint publication of U.S. Department of Justice, Executive Office of the President and U.S. General Services Administration of July 2011, “Your Right to Federal Records”
(c) The Privacy Act (“PA”) of 1974, 5 U.S.C. § 552a, et seq., as amended
(d) DoD 5400.11-R, May 14, 2007, Department of Defense Privacy Program
(e) DoD 5400.7-R, September 1998, DoD Freedom of Information Act (FOIA) Program
(f) DoD 6025.18-R, Jan. 24, 2003, DoD Health Information Privacy Regulation
(g) GAO Report GAO-12-828 of July 2012, subject Freedom of Information Act
(h) Department of Justice Handbook for Agency Annual Freedom of Information Act Reports
(i) (b) Administrative Instruction 106, “Alternative Dispute Resolution (ADR) Program,” January 30, 2014
(j) DoD Directive 5145.01, “General Counsel of the Department of Defense (GC DoD),” December 2, 2013, as amended
(k) DoD Directive 5145.04, “Defense Legal Services Agency (DLSA),” April 16, 2012
(l) (f) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(m) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014
(n) Executive Order 12988, “Civil Justice Reform,” February 5, 1996
(o) Public Law 101-552, “Administrative Dispute Resolution Act,” November 15, 1990
(p) Public Law 104–320, “Administrative Dispute Resolution Act of 1996,” October 19, 1996
(q) Presidential Memorandum for Heads of Executive Departments and Agencies, “Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking,” May 1, 1998
(r) United States Code, Title 5
(s) DoD Instruction 5145.05, “Alternative Dispute Resolution (ADR) and Conflict Management”
(t) Alternate Dispute Resolution Handbook (opm.gov/policy-data-oversight/employee-relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf)
(u) President Obama's FOIA Memorandum and Attorney General Holder's FOIA Guidelines (justice.gov/sites/default/files/oip/legacy/2014/07/23/foia-memorandum.pdf)

 
# Hammond Public Comments. Document Cloud Alphabetical
(25 per page on web, not alphabetical) https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20
1 DOD’s CFR 32 PART 310 is Contrary to Law
DOJ OIP “FOIA Reference Mode is Contrary to Law
2 Expedited FOIA Processing Malfeasance - NARA FY 2020 & FY2021
3 Foreseeable Harm Standard. DOJ OIP Misinformation + Navy Misconduct and Idiocy
4 Agency FY 2022 Admissions of Error to FY 2021 FOIA Reports
5 OGIS Disrespects FOIA Requesters. 2023 04 25 Chief FOIA Officers Meeting
6 NARA FY 2022 FOIA Fraud
7 Chief FOIA Officers Council April 25, 2023 Meeting - Hammond Oral Comments
8 FOIA Advisory Committee Meeting March 2, 2023. Hammond Comments
9 Centrally Funded FOIA Portal and Case Managements Platform for all Federal Agencies
10 Combining Appeals Across FY - NARA Massive FOIA Fraud
11 DOJ OIP Unlawful Standard Glomar Response with Implicit (b)(1) & (b)(7
12 Navy FY 2018 Appeals Disappeared
13 Navy FOIA Fraud - False Reporting, Refusal of FOIA.gov, etc.
14 FOIA Advisory Committee Meeting December 1 2022. Hammond Comments v3
15 Navy FOIA Misconduct. No IDA Letter & Fee Abuse. DON-NAVY-2023-000588
16 Individualized Tracking Numbers. NARA FOIA Fraud. Hatch Act Violations
17 OGIS & Navy FOIA Fraud. Mediation, ECDs, False FOIA Reporting
18 Foreseeable Harm Standard Vanita Gupta. November 3, 2022 CFO Meeting
19 Sued into Oblivion. Foreseeable Harm Standard
20 Senator Grassley - DOJ OIP's Position Doesn't Pass the Common Sense Test
21 Subpoena Threat & Congressional Demand for OGIS to Release Records. OMB Kills Recommendations. What has changed
22 Posting FOIA Logs. Tech Committee Recommendation #2. FOIA Ombudsman Inaccurate Citation
23 Moot Appellate Determinations
24 OGIS Funding and Case Accountability Logs
25 Preserve FOIAonline Records + Decertify FOIA.gov + Audit NARA + Post FOIA Logs
26 HOT! Semo OGIS. Budget Numbers do not Comport w. NARA Published Budgets!
27 Mandatory Right to OGIS Dispute Resolution - OGIS Malfeasance 20220616
28 Comments to Unlawful Chief FOIA Officers Meeting of November 17 2021
29 OGIS & DOJ OIP Misstate Recommendation to Post FOIA Logs - Why
30 Hammond Questions Comments for September 8 2022 meeting. OGIS and DOJ OIP Lack of Funding w.attach
31 FOIA Line-Item Budgets Now. Let the citizens be heard. Retire FOIA Bob
32 Failure - FOIA Compliance Oversight & Funding. Part 2. No Joking Matter
33 All Panelist Chat to June 9, 2022 FOIA Advisory Committee Meeting. OGIS DOJ Funding + Missing FOIA.gov Data
34 Senators Unite to Slam FOIA Compliance + POGO
35 DOD Massive False FOIA Reporting. Part 1. Letter to SECDEF, Complaint to DOJ OIG
36 DOJ OIP (Inaccurate) CFO Report Assessment 2022
37 2022- 2024 FOIA Advisory Committee Inaugural Meeting. DOJ OIP OGIS Grossly Underfunded
38 NARA FY 2022 Data Stripped From FOIA.gov
39 2022- 2024 FOIA Advisory Committee Bylaws - Recommended Changes
40 Sample FOIA Template to Combat Agency Misconduct 20220616
41 NARA, PLEASE FUND OGIS!! (PART 1). Robert Hammond September 9, 2021 Speaker Notes
42 DOD FOIA Misconduct Part V. Navy FY 2018 Appeals Dispositions Bases Not Reported
43 DOD FOIA Misconduct Part IV. FY 2018 Appeals Disappeared + DOJ OIP & OGIS Underfunded, Thus Ineffective
44 NARA FOIA & Financial Malfeasance $789,730 + Alteration of Records and Loss of Public Trust
45 DOD MASSIVE FALSE REPORTING PART II + Still Interested Abuse. Updated July 27, 2022
46 DOJ OIP Compliance Inquiries
47 DOD Massive False Reporting Part III. 5-year Late Acknowledgements Unusual Circumstances Abuse +
48 Hammond Recommendations and Chat Comments to 4.7.2022 FOIA Advisory Committee Meeting
49 Violations of the ADA in FOIA Redactions, Simple Solution
50 FOIAonline - Recommended System Changes
51 OGIS Negligence Generally & Improper June 29, 2022 FOIA Meeting
52 OGIS Posting Policy for Public Comments
53 QUESTIONS for June 29, 2022 OGIS Annual FOIA Meeting v2
54 Response to Hon. David S. Ferriero June 10 2021 Comments to FOIA Advisory Committee
55 Senate Hearing on FOIA. DOJ's Lack of Enforcement. Malfeasance. Open the Government
56 DOD Cites Change to CFR 32 CFR part 286.4 as Unlawful Basis for Omitting OGIS Mediation Rights 20220626

From: foiacompliance@gmail.com <foiacompliance@gmail.com>
Sent: Thursday, September 7, 2023 9:20 PM
To: [GAO]
'FOIA Advisory Committee Mailbox' <foia-advisory-committee@nara.gov>
Cc: [Hammond]; OIP.ComplianceInquiry@usdoj.gov; 'archivistoftheunitedstates@nara.gov' ; debra.wall@nara.gov; foiacompliance@gmail.com
Subject: Hammond Oral FOIA AC Comments 2023.09.07+FW: OGIS & DOJ OIP Funding + GAO+ DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response

All,

Please see my attached Oral comments to “2023 093 02 FOIA Advisory Committee Meeting v2” exactly as I delivered them, so that OGIS can accurately record them in the meeting minutes.

GAO. This includes “My new idea is to transfer the currently poorly-executed OGIS and DOJ OIP FOIA compliance and audit functions to GAO – which is a great fit for GAO – while OGIS and DOJ OIP retain their current funding.”

Kirstin, Bobby, Alina,

When I type in the chat to read a question or comment, I expect you to read it and not inaccurately paraphrase it and then dodge the question.
That was not wise.

For example, I typed into the chat: “OGIS certified meeting minutes impermissibly excludes/redacts meeting participants, while Chief FOIA Officers Council participants are not.” Kirsten did not read the question but preemptively stated:

“This is Kirsten Mitchell, the designated federal officer. There was another comment regarding minutes of these meetings. And when I say "these meetings," the FOIA Advisory Committee and the Chief FOIA Officer Council. Those are two separate bodies. I just want to put on the record that FOIA Advisory Committee minutes are governed by the federal advisory committee act. Chief FOIA officer council minutes are governed by the information act. It's required it contain a record of the person's presence. The federal advisory committee act does not have that requirement. Chief FOIA officer council minutes are governed by the information act. It's required it contain a record of the person's presence. The federal advisory committee act does not have that requirement.”

You omitted “redact” and you know well that the issue is that you DID include in the minutes, “Gretchen Gehrke, public commenter,” but then impermissibly redacted her name and all other participants (including me) under B6 in the Meeting Attendee Summary (attached).

--/
I am going to keep asking the OGIS and OIP funding question until you provide budget numbers to adequately fund your missions and support your people. Bobby, if you state again that you are well supported, I may release my multiple emails between us where you claim severe resource deficiencies as a reason for not being able to handle compliance inquiries.

The FY 2022 NARA budget request for OGIS was “$1,864 thousand for the Office of Government Information Services.” FY 2024 = $1,963 thousand for the Office of Government Information Services; This is an increase of 5%, while inflation was 9.8%. No new request or “justification” for increased personnel or resources. You people are struggling, agencies and requesters are adversely impacted. OGIS missions are statutory missions, which should go to the very top of NARA’s priorities. You may expect to see this narrative when I publish my next written public comments and distribute them widely. I may distribute the attachments as well.

--/
You also dodged the question about why you disable the YouTube comments. So, as my time permits, I will include the comments that I would have made into my next written public comments, which I distribute widely. You know me. You knew that I would do this. So, unless you want to continue to appear unethical and foolish, I suggest that you “straighten up and fly right.” [To improve one's behavior or attitude and perform better.]

--/
GAO again. As you complete your audit of FOIA backlogs, you must include that the source data is massively false – as demonstrated by my multiple written public comments. https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20 . One question for agencies is for them to identify their processes for FOIA reporting and why every year they change their annual FOIA report data for the preceding year. DOJ OIP FOIA.gov quarterly and annual FOIA data is massively false and everyone knows it. So much for adequate DOJ OIP funding.
--/

With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: foiacompliance@gmail.com <foiacompliance@gmail.com>
Sent: Tuesday, September 5, 2023 7:11 PM
To: foiacompliance@gmail.com
Cc: [Hammond]; [ ]@gao.gov;

Subject: RE: OGIS & DOJ OIP Funding + GAO+ DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response

With my respect,

Robert Hammond
Private Citizen FOIA Advocate

From: foiacompliance@gmail.com <foiacompliance@gmail.com>
Sent: Tuesday, September 5, 2023 6:01 PM
To: FOIAcompliance@gmail.com
Subject: FW: OGIS & DOJ OIP Funding + GAO+ DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response
Importance: High

From: foiacompliance@gmail.com <foiacompliance@gmail.com>
Sent: Tuesday, September 5, 2023 5:56 PM
To: 'FOIA Advisory Committee Mailbox' <foia-advisory-committee@nara.gov>
Cc: [Hammond]; [ ]@gao.gov;
Subject: OGIS & DOJ OIP Funding + GAO+ DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response
Importance: High

Greetings FOIA Advisory Committee members!
Please see attached and below.
The crux of this matter is that NARA’s OGIS impermissibly altered the June 8, 2023 certified meeting transcripts to remove my questions about the needed level of funding for OGIS and DOJ OIP to execute their missions, which Ms. Semo refused to address. Then, Ms. Semo omitted that material question from the certified meeting minutes.
NARA appears to have run afoul of multiple federal laws and DOJ OIP policy, which I am addressing aggressively – attempting to halt this abuse.
Additionally, NARA redacted the identities of those who registered for the meeting under exemption B6 (Privacy), while NARA/DOJ OIP provide complete listings for Chief FOIA Officer Council meetings.
Finally, NARA claims that it cannot locate any records of the all-panelist chat comments, which they are required to preserve under FACA and the FOIA Advisory Committee Bylaws. I have recommended (among other changes) that the bylaws be changed to include the list of participants.
I know that you are all extremely busy (as am I). I am sending you examples of [seemingly] gross malfeasance in FOIA processes for information, because I believe that the greatest benefit of this Committee’s term is to address the day-to-day issues that FOIA requesters – particularly private requester without the benefit of extensive legal staffs- experience every day.
You are doing extraordinary work – particularly with the B5 model letter. Later, I will provide input for doing the same thing with Exemption B6, which is equally abused – often with B5 applied to the same redaction withholding. Clarity in the determination letters of what the standards are for each claimed exemption and how the agency purports to have met the standards – along with a clear articulation of exactly what the foreseeable harm is- are paramount in leveling the playing field and discouraging frivolous redaction/withholding.
--/
New subject.
As you know I have been advocating for increased funding for OGIS and DOJ OIP for years, while NARA and DOJ refuse to seek such additional funding in their budgets.
My new idea is to remove FOIA compliance oversight and auditing from OGIS and DOJ OIP and transfer those functions to GAO (in coordination with Congress) with direct funding from Congress. Then, OGIS and DOJ OIP keep their same funding with reduces missions. OGIS mediation mission conflicts with FOIA compliance (and OGIS disclaims any responsibility for compliance), while DOJ OIP is the appellate authority for DOJ and defends federal agencies in FOIA litigation. OGIS would instantly double the staff available for mediation.
Oversight/audit of executive branch functions is an appropriate GAO mission and GAO is routinely asked to conduct FOIA audits. Perhaps, some OGIS and OIP personnel would transfer to GAO, but I think OGIS and OIP should keep their budgets intact. We may find support in Congress for this given the combative FOIA hearings every couple of years.
--/
With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: [Hammond]
Sent: Tuesday, September 5, 2023 5:15 PM
To: 'OIP.ComplianceInquiry@usdoj.gov' <OIP.ComplianceInquiry@usdoj.gov>; 'bobak.Talebian@usdoj.gov' <bobak.Talebian@usdoj.gov>; 'lindsay.Steel@usdoj.gov' <lindsay.Steel@usdoj.gov>; 'unauthorizeddisposition@nara.gov' <unauthorizeddisposition@nara.gov>; 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>
Cc: 'NARA General Counsel FOIA Office' <foia@nara.gov>; 'ashley.bryan@nara.gov' <ashley.bryan@nara.gov>; 'Vanita.Gupta; 'bobak.Talebian@usdoj.gov' <bobak.Talebian@usdoj.gov>; 'sheena.burrell@nara.gov' <sheena.burrell@nara.gov>; 'alina.semo@nara.gov' <alina.semo@nara.gov>
Subject: DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response
Importance: High

DOJ OIP and NARA FPL, NARA Unauthorized Records Destruction (UD) NARA OIG (Complaint), NARA OIG. NGC23-504_Final_Response
.
I am concurrently seeking a DOJ OIP compliance inquiry and NARA FPL dispute resolution regarding the matters below regarding NARA’s attached response letter and released records. See paragraphs 5 and 6 for NARA UD complaint. Records may have been destroyed or in imminent danger of being destroyed. Contact NARA within 5 days to seek a response.

See my attached document Muckrock.com Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments for the full chronology of my FOIA request, follow-ups, and NARA responses (where provided).

1. Seemingly materially false official statement #1 NGC23-504_Final_Response_letter. “Your request for expedited processing was responded to on July 31, 2023.”
a. Incorrect.
b. NARA did not issue a determination to my request for expedited processing. NARA only acknowledged receipt of my FOIA request and provided a tracking number per below:

From: NARA General Counsel FOIA Office foia@nara.gov
Sent: Monday, July 17, 2023 10:08 AM
To: [Hammond]
Cc: NARA General Counsel FOIA Office foia@nara.gov
Subject: Re: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com

Sent via Email [Hammond]

July 17, 2023

Robert Hammond
[Hammond]
RE: Freedom of Information Act Request NGC23-504

Dear Mr. Hammond:

Your FOIA request, dated July 17, 2023, was received by the National Archives and Records Administration’s Office of General Counsel on the same date, via foia@nara.gov. We assigned your request tracking number NGC23-504. Please provide this number in any future correspondence about your case.

Sincerely,

NGC FOIA Team
Office of General Counsel
National Archives and Records Administration
foia@nara.gov
301-837-3642

2. Expedited processing. NARA failed to respond to my request for expedited processing.

3. Fees. Notwithstanding that NARA did not assess fees, NARA failed to respond to my request for a fee waiver (and to address my basis therefore). This must be addressed – particularly regarding FPL dispute resolution – as an impermissible pattern of practice. I am seeking that NARA address each of my bases for fee waiver, which should have been granted.

4. Inadequate search. I am seeking FPL dispute resolution regarding searches. Who conducted them, when, locations of records searched and search results.

5. Unlawful destruction of records (UD Complaint). NARA unlawfully/impermissibly destroyed records sought under my subject FOIA request NGC23-504, which NARA is mandated to maintain in accordance with the Federal Advisory Committee Act and FOIA Advisory Committee Bylaws.

Records sought.

FACA.
(b) Subject to section 552 of Title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.

FOIA Advisory Committee Bylaws.

Article 7. Records.

Records presented to the Committee by any method at any time, including those distributed during the course of a meeting, are part of the official Committee files, and become NARA agency records within the meaning of the FOIA, and are subject to the provisions of that Act.

Committee records shall be available for public inspection and copying in accordance with Section 10(b) of the FACA, which “provide[s] for the contemporaneous availability of advisory committee records that, when taken in conjunction with the ability to attend advisory committee meetings, provide a meaningful opportunity to comprehend fully the work undertaken by the advisory committee.”

Committee members should preserve records, including correspondence exchanged between Committee members, stakeholders, and/or agency committee staff (such as the DFO), that document Committee activities. Committee members must copy the DFO on all Committee and Subcommittee correspondence to simplify recordkeeping.
NARA will post as many Committee documents as is feasible to the Committee’s webpage or subpages at https://ogis.archives.gov/foia-advisory-committee.htm.

6. Material alteration of records- Official Meeting Transcript (UD Complaint)
NARA Altered the official meeting transcript from the raw transcript to impermissibly/unlawfully delete the following exchange, which Ms. Semo did not want to answer;

1:16:18 JESSE
on our team are asking if we can read out one comment o
sure
1:16:27 SEMO
so is that jesse who's asking um yes um so the the one comment we have is
1:16:35
um i asked doj oip and ogis to identify in this meeting the dollar funding level
1:16:41
needed for fiscal y [year] 2023 to effectively perform in all
1:16:47
all their statutory missions oges [OGIS] is likely underfunded 10 to 20 fold
1:16:53 SEMO
that is the comment okay thank you for the comment um tom please go ahead

7. Materially false certified meeting minutes.

FOIA Advisory Committee Bylaws
(b) Subject to section 552 of Title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.

a. NARA completely omitted a materially comment regarding OGIS and DOJ OIP lack of sufficient funding, which Ms. Semo refused to answer (Raw transcript):
1:16:18 JESSE
on our team are asking if we can read out one comment o
sure
1:16:27 SEMO
so is that jesse who's asking um yes um so the the one comment we have is
1:16:35
um i asked doj oip and ogis to identify in this meeting the dollar funding level
1:16:41
needed for fiscal y 2023 to effectively perform in all
1:16:47
all their statutory missions oges [OGIS] is likely underfunded 10 to 20 fold
1:16:53 SEMO
that is the comment okay thank you for the comment um tom please go ahead

b. NARA provided an incomplete listing of “Others present or participating in the virtual meeting,” omitting me and others. NARA knows that I participated, because they ready my question from the “all panelist chat” as cited above. Meanwhile, NARA cited as present “Gretchen Gehrke, public commenter,” while omitting all others who logged in to the meeting via WEBEX.

8. Impermissible B6 Redactions. In NARA’s responsive record xxx NARA redacted the identities of those who registered for the meeting, including “Gretchen Gehrke, public commenter.”
a. There is no expectation of privacy for members of the public participating in an open FOIA meeting.
b. The FACA and FOIA Advisory Committee Bylaws require that such records be preserved and made available to the public. See paragraph 5 above.
c. NARA/DOJ OIP publishes in the Chief FOIA Officers Council meeting minutes, “ Registered Attendees (This list consists of individuals who registered to attend the meeting). Chief Freedom of Information Act Officers Council Meeting Minutes – April 21, 2022 (justice.gov) https://www.justice.gov/archives/oip/chief-freedom-information-act-officers-council-meeting-minutes-april-21-2022
d. (Note that in gross incompetence NARA/DOJ OIP failed to prepare and/or post meeting minutes for the November 3, 2022 meeting.)

9. Inaccurate statement of my FOIA request. NARA’s response letter improperly truncates my FOIA request records sought early into the third paragraph (stating…) and completely omitted material records of paragraphs four. See my attached : Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments.
a. Presumably, NARA did not like the content or intend to reply.
b. Paragraph three lists persons who participated in the meeting including redacting “Gretchen Gehrke, public commenter,” which NARA redacted in its released June_8.2023_FAC_Meeting_Attendee_Summary_-_Redaction_Proposals records
c. NARA’s reply creates an official record for appeal and judicial review. In litigation, agencies refer to such agency created records rather than the original records, thereby misleading the courts.
d. See my public comments to the FOIA Advisory Committee, “Draft Proposed Model Agency B5 Determination Letter - Comment #2” at DocumentCloud https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20

10. Unlawful Withholding. Without any basis for withholding (because there is none), NARA impermissibly withheld.

11. Seemingly materially false official statement #2 – certified meeting minutes. “Ms. Mitchell stated that Committee chat comments have been read into the record and reiterated the comment from the Nuclear Regulatory Commission FOIA professional about the Exemption 5 privilege issue that a global policy of citing the specific privilege would create efficiencies across government. Mr. Levenson confirmed that there were no additional chat comments.”

a. Clearly, the statement, “Committee chat comments have been read into the record” is [seemingly] materially false.
b. Clearly, the statement, “Mr. Levenson confirmed that there were no additional chat comments.” is [seemingly]materially false.
With my respect,
Robert Hammond
 

Sent via Email <requests@muckrock.com>

September 1, 2023

Robert Hammond MuckRock News DEPT MR 149148
263 Huntington Ave
Boston, MA 02115
RE: Freedom of Information Act Request NGC23-504

Dear Mr. Hammond:

This is in response to your request for expedited processing of Freedom of Information Act (FOIA) request assigned internal tracking number NGC23-504. Your duplicate requests, dated July 12, 2023 and July 13, 2023, were received by the Office of General Counsel (NGC) on the same dates, via foia@nara.gov. In your FOIA request you stated you are seeking:

… I am respectfully seeking:
1. Records of all persons who registered via Eventbrite to attend the meeting.
2. All records of the June 8, 2023 Webex Chat comments which the Meeting Minutes certified by Alina states: Ms. Mitchell stated that Committee chat comments have been read into the record and reiterated the comment from the Nuclear Regulatory Commission FOIA professional about the Exemption 5 privilege issue that a global policy of citing the specific privilege would create efficiencies across government.
Mr. Levenson confirmed that there were no additional chat comments.
3. Records include but are not limited to “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. Ms. Semo’s certified meeting minutes cite the following persons participating in the virtual meeting: ...

You also asked for a fee waiver and expedited processing.

After conducting a search, we located one document responsive to part 1 of your request. We are releasing the document in part with redactions pursuant to Freedom of Information Act, 5
U.S.C. §552(b)(6). Exemption (b)(6) protects the release of information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

We conducted a search for records responsive to part 2 of your request asking for the June 8, 2023 Webex Chat comments. However, we were unable to locate records responsive to your request. Your request for expedited processing was responded to on July 31, 2023. Your request for a fee waiver is considered non-billable.

This completes the processing of your FOIA request.

If you are not satisfied with our action on this request, you have the right to file an administrative appeal within ninety (90) calendar days from the date of this letter via regular U.S. mail or
email. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency’s decision. If you submit your appeal in writing, please address it to the Deputy Archivist of the United States (ND), National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740. Both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” If you submit your appeal by email, please send it to FOIA@nara.gov, also addressed to the Deputy Archivist of the United States. Please be sure to explain why you believe this response does not meet the requirements of the FOIA. All correspondence should reference your case tracking number NGC23-504.

If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, you may contact our FOIA Public Liaison Gary M. Stern for assistance at:

National Archives and Records Administration 8601 Adelphi Road, Room 3110
College Park, MD 20740-6001 301-837-1750
garym.stern@nara.gov

If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman’s office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is noted below:

Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road–OGIS
College Park, MD 20740-6001 ogis@nara.gov ogis.archives.gov
202-741-5770 or toll free 1-877-684-6448

Thank you for contacting the National Archives and Records Administration. Sincerely,
Jodi Foor
Deputy FOIA Officer/Archivist
National Archives and Records Administration Jodi.Foor@nara.gov

Gary Stern, NARA FOIA Public Liaison,
What is the status of my September 5, 2023 5:15 PM reqeust for FPL assistance in this matter?

Gary Stern, NARA FOIA Public Liaison,
What is the status of my September 5, 2023 5:15 PM reqeust for FPL assistance in this matter?

FPL assistance is independent of the IDA letter.

I am also seeking FPL dispute resolution regarding the matters in my attached Unauthorized Dissposition complaint per below and attached.

December 11, 2023

Subject: NARA Unauthorized Disposition (UD) Complaint ICO June 8, 2023 FOIA Advisory Committee Meeting

I. ALLEGATION.

“A member of the public (Robert Hammond) alleges that the Archivist of the United States and the NARA Director of Government Information Services may have destroyed FOIA Advisory Committee records of a June 8, 2023 FOIA Advisory Committee meeting, which it is mandated to have preserved under the Federal Advisory Committee Act and other laws regulations and policies :

“all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. This includes Committee members present at the virtual meeting. Others present or participating in the virtual meeting, including all registered participants”

Else records are at risk of actual, impending, or threatened damage, alienation, or unauthorized destruction.”

I sought the above records via FOIA to NARA (NCG23- 504) on the third day following the meeting. In its FOIA response two months later, NARA admits that they destroyed the records:

“No records were found responsive to part 1 of your request.”

See Attachment A and Attachment B

II. ACTION SOUGHT.

1. Notify NARA within 5 business days as required by 36 CFR 1230.16.a.
2. Provide me with a point of contact by return email to discuss this matter.
3. Permit me to discuss the Agency’s reply prior to deciding on this complaint to preclude the likely provision of misinformation, as has been done in the past.
4. If the records have not been destroyed, seek that the Agency provide them to you as individual records.
5. Immediately post this UD complaint to the NARA website. In violation of law NARA has refused to post UD complaints against NARA. See Attachment E.

III. UD COMPLAINT IN PUBLIC DOMAIN.

In violation of 36 CFR 1230 and the Administrative Procedures Act, NARA refuses to post and properly investigate prior complaints relating to NARA including an October 7, 2022 allegation that NARA destroyed records related to potential Hatch Act violations by the then Acting Archivist of the United States (Debra Wall) sought under FOIA (and others). NARA must demand the production to NARA of any records the agency claims it did not destroy.

This uneven application of law is particularly important given that NARA’s Unauthorized Records Disposition Unit is at the center of two criminal investigations regarding unauthorized removal/retention of Presidential records by our current and former presidents.

Therefore, I will be distributing this UD complaint widely. I may address past UD complaints where NARA has utterly failed in its responsibilities. NARA’s unauthorized records dispositions are overseen by Chief Records Officer Laurence Brewer laurence.brewer@nara.gov

IV. NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

V. 32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
VI. 36 CFR § 1230. UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
VII. 44 U.S. CODE § 3106 - UNLAWFUL REMOVAL, DESTRUCTION OF RECORDS
(a)FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.
(b)ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009.)

VIII. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

IX. 18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).

This is submitted upon information, belief, and records available to me.

With my respect,

/s/
Robert Hammond
Whistleblower

Attachments
A. NARA FOIA Response to NGC23-540
B. Hammond FOIA Request NGC23-540
C. October 7, 2022 UD Complaint ICO Acting Archivist of the US. Hatch Act Violation Records
D. NARA UD Complaint ICO NARA’s OGIS Unlawful Deletion, Destruction of Chief FOIA Council Records
E. Unauthorized Dispositions of Federal Records _National Archives – NARA TAB

Gary Stern, NARA FOIA Public Liaison,
What is the status of my September 5, 2023 5:15 PM request for FPL assistance in this matter?

FPL assistance is independent of the IDA letter.

I am also seeking FPL dispute resolution regarding the matters in my attached Unauthorized Disposition complaint per below and attached.

December 11, 2023

Subject: NARA Unauthorized Disposition (UD) Complaint ICO June 8, 2023 FOIA Advisory Committee Meeting

I. ALLEGATION.

“A member of the public (Robert Hammond) alleges that the Archivist of the United States and the NARA Director of Government Information Services may have destroyed FOIA Advisory Committee records of a June 8, 2023 FOIA Advisory Committee meeting, which it is mandated to have preserved under the Federal Advisory Committee Act and other laws regulations and policies :

“all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. This includes Committee members present at the virtual meeting. Others present or participating in the virtual meeting, including all registered participants”

Else records are at risk of actual, impending, or threatened damage, alienation, or unauthorized destruction.”

I sought the above records via FOIA to NARA (NCG23- 504) on the third day following the meeting. In its FOIA response two months later, NARA admits that they destroyed the records:

“No records were found responsive to part 1 of your request.”

See Attachment A and Attachment B

II. ACTION SOUGHT.

1. Notify NARA within 5 business days as required by 36 CFR 1230.16.a.
2. Provide me with a point of contact by return email to discuss this matter.
3. Permit me to discuss the Agency’s reply prior to deciding on this complaint to preclude the likely provision of misinformation, as has been done in the past.
4. If the records have not been destroyed, seek that the Agency provide them to you as individual records.
5. Immediately post this UD complaint to the NARA website. In violation of law NARA has refused to post UD complaints against NARA. See Attachment E.

III. UD COMPLAINT IN PUBLIC DOMAIN.

In violation of 36 CFR 1230 and the Administrative Procedures Act, NARA refuses to post and properly investigate prior complaints relating to NARA including an October 7, 2022 allegation that NARA destroyed records related to potential Hatch Act violations by the then Acting Archivist of the United States (Debra Wall) sought under FOIA (and others). NARA must demand the production to NARA of any records the agency claims it did not destroy.

This uneven application of law is particularly important given that NARA’s Unauthorized Records Disposition Unit is at the center of two criminal investigations regarding unauthorized removal/retention of Presidential records by our current and former presidents.

Therefore, I will be distributing this UD complaint widely. I may address past UD complaints where NARA has utterly failed in its responsibilities. NARA’s unauthorized records dispositions are overseen by Chief Records Officer Laurence Brewer laurence.brewer@nara.gov

IV. NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

V. 32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
VI. 36 CFR § 1230. UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
VII. 44 U.S. CODE § 3106 - UNLAWFUL REMOVAL, DESTRUCTION OF RECORDS
(a)FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.
(b)ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009.)

VIII. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

IX. 18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).

This is submitted upon information, belief, and records available to me.

With my respect,

/s/
Robert Hammond
Whistleblower

Attachments
A. NARA FOIA Response to NGC23-540
B. Hammond FOIA Request NGC23-540
C. October 7, 2022 UD Complaint ICO Acting Archivist of the US. Hatch Act Violation Records
D. NARA UD Complaint ICO NARA’s OGIS Unlawful Deletion, Destruction of Chief FOIA Council Records
E. Unauthorized Dispositions of Federal Records _National Archives – NARA TAB

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Thursday, February 1, 2024 9:37 PM
To: 'NARA General Counsel FOIA Office' <foia@nara.gov>; garym.stern@nara.gov
Cc: perseverance2013@aol.com; william.bosanko@nara.gov
Subject: FW: DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response
Importance: High

Mr. Stern (NARA FPL) What is the status of my September 5, 2023 request for FOIA Public Liaison dispute resolution below?
Records are in the public domain and located at https://www.muckrock.com/foi/united-states-of-america-10/nara-23-f-muckrock-foia-advisory-committee-june-8-2023-chat-comments-149148/# .
With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Tuesday, September 5, 2023 5:15 PM
To: OIP.ComplianceInquiry@usdoj.gov; bobak.Talebian@usdoj.gov; lindsay.Steel@usdoj.gov; unauthorizeddisposition@nara.gov; archivistoftheunitedstates@nara.gov
Cc: 'NARA General Counsel FOIA Office' <foia@nara.gov>; ashley.bryan@nara.gov; Vanita.Gupta19@usdoj.gov; bobak.Talebian@usdoj.gov; sheena.burrell@nara.gov; alina.semo@nara.gov
Subject: DOJ OIP, NARA FPL, and NARA Unauthorized Records Destruction (UD,) NARA OIG (Complaint). RE - NGC23-504_Final_Response
Importance: High

DOJ OIP and NARA FPL, NARA Unauthorized Records Destruction (UD) NARA OIG (Complaint), NARA OIG. NGC23-504_Final_Response
.
I am concurrently seeking a DOJ OIP compliance inquiry and NARA FPL dispute resolution regarding the matters below regarding NARA’s attached response letter and released records. See paragraphs 5 and 6 for NARA UD complaint. Records may have been destroyed or in imminent danger of being destroyed. Contact NARA within 5 days to seek a response.

See my attached document Muckrock.com Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments for the full chronology of my FOIA request, follow-ups, and NARA responses (where provided).

1. Seemingly materially false official statement #1 NGC23-504_Final_Response_letter. “Your request for expedited processing was responded to on July 31, 2023.”
a. Incorrect.
b. NARA did not issue a determination to my request for expedited processing. NARA only acknowledged receipt of my FOIA request and provided a tracking number per below:

From: NARA General Counsel FOIA Office foia@nara.gov
Sent: Monday, July 17, 2023 10:08 AM
To: perseverance2013@aol.com
Cc: NARA General Counsel FOIA Office foia@nara.gov
Subject: Re: Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments via Muckrock.com

Sent via Email perseverance2013@aol.com

July 17, 2023

Robert Hammond
perseverance2013@aol.com
RE: Freedom of Information Act Request NGC23-504

Dear Mr. Hammond:

Your FOIA request, dated July 17, 2023, was received by the National Archives and Records Administration’s Office of General Counsel on the same date, via foia@nara.gov. We assigned your request tracking number NGC23-504. Please provide this number in any future correspondence about your case.

Sincerely,

NGC FOIA Team
Office of General Counsel
National Archives and Records Administration
foia@nara.gov
301-837-3642

2. Expedited processing. NARA failed to respond to my request for expedited processing.

3. Fees. Notwithstanding that NARA did not assess fees, NARA failed to respond to my request for a fee waiver (and to address my basis therefore). This must be addressed – particularly regarding FPL dispute resolution – as an impermissible pattern of practice. I am seeking that NARA address each of my bases for fee waiver, which should have been granted.

4. Inadequate search. I am seeking FPL dispute resolution regarding searches. Who conducted them, when, locations of records searched and search results.

5. Unlawful destruction of records (UD Complaint). NARA unlawfully/impermissibly destroyed records sought under my subject FOIA request NGC23-504, which NARA is mandated to maintain in accordance with the Federal Advisory Committee Act and FOIA Advisory Committee Bylaws.

Records sought.

FACA.
(b) Subject to section 552 of Title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.

FOIA Advisory Committee Bylaws.

Article 7. Records.

Records presented to the Committee by any method at any time, including those distributed during the course of a meeting, are part of the official Committee files, and become NARA agency records within the meaning of the FOIA, and are subject to the provisions of that Act.

Committee records shall be available for public inspection and copying in accordance with Section 10(b) of the FACA, which “provide[s] for the contemporaneous availability of advisory committee records that, when taken in conjunction with the ability to attend advisory committee meetings, provide a meaningful opportunity to comprehend fully the work undertaken by the advisory committee.”

Committee members should preserve records, including correspondence exchanged between Committee members, stakeholders, and/or agency committee staff (such as the DFO), that document Committee activities. Committee members must copy the DFO on all Committee and Subcommittee correspondence to simplify recordkeeping.
NARA will post as many Committee documents as is feasible to the Committee’s webpage or subpages at https://ogis.archives.gov/foia-advisory-committee.htm.

6. Material alteration of records- Official Meeting Transcript (UD Complaint)
NARA Altered the official meeting transcript from the raw transcript to impermissibly/unlawfully delete the following exchange, which Ms. Semo did not want to answer;

1:16:18 JESSE
on our team are asking if we can read out one comment o
sure
1:16:27 SEMO
so is that jesse who's asking um yes um so the the one comment we have is
1:16:35
um i asked doj oip and ogis to identify in this meeting the dollar funding level
1:16:41
needed for fiscal y [year] 2023 to effectively perform in all
1:16:47
all their statutory missions oges [OGIS] is likely underfunded 10 to 20 fold
1:16:53 SEMO
that is the comment okay thank you for the comment um tom please go ahead

7. Materially false certified meeting minutes.

FOIA Advisory Committee Bylaws
(b) Subject to section 552 of Title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.

a. NARA completely omitted a materially comment regarding OGIS and DOJ OIP lack of sufficient funding, which Ms. Semo refused to answer (Raw transcript):
1:16:18 JESSE
on our team are asking if we can read out one comment o
sure
1:16:27 SEMO
so is that jesse who's asking um yes um so the the one comment we have is
1:16:35
um i asked doj oip and ogis to identify in this meeting the dollar funding level
1:16:41
needed for fiscal y 2023 to effectively perform in all
1:16:47
all their statutory missions oges [OGIS] is likely underfunded 10 to 20 fold
1:16:53 SEMO
that is the comment okay thank you for the comment um tom please go ahead

b. NARA provided an incomplete listing of “Others present or participating in the virtual meeting,” omitting me and others. NARA knows that I participated, because they ready my question from the “all panelist chat” as cited above. Meanwhile, NARA cited as present “Gretchen Gehrke, public commenter,” while omitting all others who logged in to the meeting via WEBEX.

8. Impermissible B6 Redactions. In NARA’s responsive record xxx NARA redacted the identities of those who registered for the meeting, including “Gretchen Gehrke, public commenter.”
a. There is no expectation of privacy for members of the public participating in an open FOIA meeting.
b. The FACA and FOIA Advisory Committee Bylaws require that such records be preserved and made available to the public. See paragraph 5 above.
c. NARA/DOJ OIP publishes in the Chief FOIA Officers Council meeting minutes, “ Registered Attendees (This list consists of individuals who registered to attend the meeting). Chief Freedom of Information Act Officers Council Meeting Minutes – April 21, 2022 (justice.gov) https://www.justice.gov/archives/oip/chief-freedom-information-act-officers-council-meeting-minutes-april-21-2022
d. (Note that in gross incompetence NARA/DOJ OIP failed to prepare and/or post meeting minutes for the November 3, 2022 meeting.)

9. Inaccurate statement of my FOIA request. NARA’s response letter improperly truncates my FOIA request records sought early into the third paragraph (stating…) and completely omitted material records of paragraphs four. See my attached : Expedited FOIA Request NARA 23-F. Muckrock. FOIA Advisory Committee June 8, 2023 Chat Comments.
a. Presumably, NARA did not like the content or intend to reply.
b. Paragraph three lists persons who participated in the meeting including redacting “Gretchen Gehrke, public commenter,” which NARA redacted in its released June_8.2023_FAC_Meeting_Attendee_Summary_-_Redaction_Proposals records
c. NARA’s reply creates an official record for appeal and judicial review. In litigation, agencies refer to such agency created records rather than the original records, thereby misleading the courts.
d. See my public comments to the FOIA Advisory Committee, “Draft Proposed Model Agency B5 Determination Letter - Comment #2” at DocumentCloud https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20

10. Unlawful Withholding. Without any basis for withholding (because there is none), NARA impermissibly withheld.

11. Seemingly materially false official statement #2 – certified meeting minutes. “Ms. Mitchell stated that Committee chat comments have been read into the record and reiterated the comment from the Nuclear Regulatory Commission FOIA professional about the Exemption 5 privilege issue that a global policy of citing the specific privilege would create efficiencies across government. Mr. Levenson confirmed that there were no additional chat comments.”

a. Clearly, the statement, “Committee chat comments have been read into the record” is materially false.
b. Clearly, the statement, “Mr. Levenson confirmed that there were no additional chat comments.” is materially false.

With my respect,

Robert Hammond