Presidential Committee on Climate Security

Jamie Corey filed this request with the U.S. Office of Management and Budget of the United States of America.
Tracking #

2019-228
Submitted March 26, 2019
Status
Rejected

Communications

From: Jamie Corey

Subject: Freedom of Information Act Request: Presidential Committee on Climate Security

Email

March 26, 2019

Dear Office of Management and Budget FOIA Officer:

On behalf of Documented, an investigative research and reporting group that informs the public of the relationship between industry and government, I make this request for agency records pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et seq.

I request the following records that were created or obtained by OMB between January 1, 2019 and the date you conduct a search for responsive records:

• All agency records regarding the Presidential Committee on Climate Security (PCCS), including but not limited to, agency records regarding the Deputies Committee Meeting on the Presidential Committee on Climate Security which took place on February 22, 2018 including but not limited to meeting minutes, correspondence and memos prepared in preparation for this meeting, and contemporaneous notes. Relevant materials posted by the National Geographic Society are provided here for reference https://www.slideshare.net/Revkin/the-plan-for-a-trump-committee-on-climate-and-security, and need not be included in the production.

• All communications between Julie L. Miller, Executive Secretary Office of Management and Budget and William Happer, Patrick Moore, or any member or representative of the CO2 Coalition. To assist with your search for responsive records, one email address used by William Happer is Happer@princeton.edu.

Responsive Records
FOIA provides a presumption of disclosure, and limitations and exemptions to FOIA are to be narrowly construed. The records, documents and correspondence requested above includes any and all records, as that term is defined under FOIA (5 U.S.C. § 552(f)(2)), and applicable case law. “Records” or “agency records” for the purposes of this request should include all electronic forms of communications and documents, including but not limited to writings (handwritten, typed, electronic or otherwise produced, reproduced or stored), letters, memoranda, correspondence, notes, reports, reviews, guidance documents, diaries, telephone conversations, telefaxes, emails, voicemails, drawings, graphs, charts, photographs, minutes of meetings, electronic and magnetic recordings of meetings, and any other compilation of data from which information can be obtained. Communications include records exchanged between persons above regardless of format.

Fee Waiver Request
I am requesting a waiver of fees incurred by the agency in responding to my request. Fee waivers are to be liberally construed in favor of non-commercial requestors, McClellan Ecological Seepage Situation v. Carlucci, 835 F.2d 1282, 1284 (9th Cir. 1987). I am a non-commercial requestor, working for a public interest research group, seeking information concerning the activities of the government for the purpose of disclosing information to the public.

The subject matter of this request concerns activities of the government because it regards climate change policy and agency action related to climate change, an issue of utmost import and interest to the public. I will disclose findings from this FOIA request, and disclosure is likely to contribute significantly to the public’s understanding of government policy on climate change as well as add to understanding of the purpose and operation of the Presidential Committee on Climate Security. Such an understanding at this juncture may only be obtained by disclosure.

Past investigative work of Documented has successfully contributed to the public’s understanding of government activities. Documented has effectively conveyed information regarding industry connections to government through its website, thousands of social media subscribers, and by writing news articles in the Intercept, Slate Magazine, and Huffington Post, and by contributing to stories in other news outlets such as the Washington Post, Vox, and The Guardian.

Neither Documented nor I have a commercial interest in the material requested, and as in all of our public records requests, Documented seeks records for the purpose of disclosure to a broad public audience in order to enhance public understanding of government operations and to serve the public interest. Our primary function is to inform the public and disseminate information. For expediency, should you deny this fee waiver request, I authorize charges up to $200 in advance. I would prefer the request be filled electronically, by e-mail attachment if available or CD-ROM if email is not possible.

Expedited Processing
I also ask expedited processing of this request. Federal agencies are required to provide expedited processing of FOIA request when a requestor demonstrates a “compelling need” for the information requested. 5 U.S.C. § 552(a)(6)(E)(i)-(ii). Here, there is an urgency to inform the public regarding a potentially powerful advisory committee to the President, before it is formed. This information would provide an opportunity for public input regarding the committee that would otherwise not be available, and such input will be of diminished utility after a decision is made regarding the committee. This information is not of mere historical interest, but fulfills a compelling need of providing public understanding of imminent federal government action.

Through my role at Documented, I am primarily engaged in disseminating information and have the means and intention to process and disseminate findings produced through this FOIA request. As discussed above, investigative findings produced by Documented are quickly made available to the public through social media platforms, through our website, and by providing the results of its investigations to other news outlets.

In the event that access to any of the requested records is denied, please provide all non-exempt portions of the record which are “reasonably segregable” from exempted material. 5 U.S.C. § 552(b). Please also separately state reasons for exempting records. The deadline for an agency determination is 20 business days from the date receipt of this request, or 10 days from the date of receipt should you grant expedited processing. 5 U.S.C. § 552(a)(6).

Thank you for your consideration.

Sincerely,

Jamie Corey
Senior Researcher, Documented
PO Box 258084
Madison, WI 53725
(c) 608-208-5851

From: U.S. Office of Management and Budget

Subject: RE: [EXTERNAL] Freedom of Information Act Request: Presidential Committee on Climate Security

Email

Greetings: This email acknowledges receipt of your Freedom of Information Act (FOIA) request to the Office of Management and Budget (OMB) dated and received in this office on March 26, 2019. Your request has been logged in and is being processed. For your reference, the OMB FOIA number is 19-228.

Thank you,
Dionne Hardy

From: U.S. Office of Management and Budget

Subject: OMB FOIA 2019-228

Email

Hello,

The Office of Management and Budget (OMB) regrets the delay in responding to your Freedom of Information Act (FOIA) request from March 26, 2019.

Unfortunately, OMB is experiencing a significant backlog of FOIA requests. Please know that OMB is very committed to providing responses to FOIA requests and remedying the FOIA backlog.

Given the passage of time, this communication is to confirm whether you are still interested in having your 2019 FOIA request processed (a copy of which is attached). Please confirm your continued interest by replying to this email within 30 calendar days from the date of this communication, and reference the FOIA number cited above.

If we do not receive a response from you within the specified time frame, we will consider the non-response as an indication that you are no longer interested, and will close your FOIA request.

If you are no longer interested, this will allow us to more quickly process the FOIA requests behind yours in our backlog queue.
Best regards,
OMB's FOIA Team

From: U.S. Office of Management and Budget

Subject: FW: OMB FOIA 2019-228

Email

Hello,

We are writing in response to your Freedom of Information Act (FOIA) request to the Office of Management and Budget (OMB) dated March 26, 2019, and assigned tracking number 2019-228. We reached out to you via email on August 30, 2023, to inquire if you are still interested in having your FOIA request processed. In the communication, we noted that a non-response will be treated as an indication that you are no longer interested and that we will close your FOIA request. Because the specified time has passed without a response, we are administratively closing this FOIA request.

You may contact the FOIA Requester Service Center or OMB's FOIA Public Liaison at 202-395-FOIA for any further assistance or to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. You may also administratively appeal by writing to OMB. Your appeal must be postmarked or electronically transmitted within 90 days of the date of this response.

Thank you,
OMB's FOIA Office

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