SF-311 2017 (Coast Guard)

Emma Best filed this request with the Coast Guard of the United States of America.
Tracking #

2018-CGFO-02170

Multi Request SF-311 2017
Status
Completed

Communications

From: Emma Best


To Whom It May Concern:

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

Copies of all drafted, submitted or received SF-311 forms (https://www.archives.gov/files/isoo/security-forms/sf311.pdf) produced in the year prior to the receipt of this FOIA request. SF-311 forms may also be identified as Agency Security Classification Management Program Data.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Emma Best

From: Coast Guard

Ms. Best,
This acknowledges receipt of your June 17, 2018, Freedom of Information Act (FOIA) request to the U.S. Coast Guard (USCG).
Your request was received on August 03, 2018 and has been assigned FOIA[PA] number 2018-CGFO-02170.
We have queried the appropriate component of the USCG for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
You may check the status of your request by entering FOIA[PA] request number 2018-CGFO-02170 into the following site: http://www.dhs.gov/foia-status Request status is updated and refreshed on a nightly basis electronically.
You may contact this office via telephone at 202-475-3522 or via email at EFOIA@uscg.mil if you have any further questions. (mailto:EFOIA@uscg.mil)
Sincerely,
U.S. Coast Guard
FOIA/PA Office

From: Coast Guard

Good Morning,

There has been a delay in processing this request as a result of efforts to determine which unit would potentially have responsive records. The request has been assigned FOIA case number 2018-CGF0-02170, assigned to DCMS and given a target response date of August 31, 2018. To expedite the processing of requests in the future it would be helpful if in the request the office that houses the records requested is listed. I apologize for the delay.

From: Coast Guard

Ms. Best,
This acknowledges receipt of your June 17, 2018, Freedom of Information Act (FOIA) request to the U.S. Coast Guard (USCG).
Your request was received on August 03, 2018 and has been assigned FOIA[PA] number 2018-CGFO-02170.
We have queried the appropriate component of the USCG for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
You may check the status of your request by entering FOIA[PA] request number 2018-CGFO-02170 into the following site: http://www.dhs.gov/foia-status Request status is updated and refreshed on a nightly basis electronically.
You may contact this office via telephone at 202-475-3522 or via email at EFOIA@uscg.mil if you have any further questions. (mailto:EFOIA@uscg.mil)
Sincerely,
U.S. Coast Guard
FOIA/PA Office

From: Coast Guard

Good Morning Ms. Best:

I have been assigned to respond to your FOIA request for "Copies of all drafted, submitted or received SF-311 forms...produced in the year prior to the receipt of this FOIA request. SF-311 forms may also be identified as Agency Security Classification Management Program Data."

I need some clarification from you on what exactly you are looking for. Here at DCMS-34, we receive SF-311's from our Coast Guard Atlantic Area and Pacific Area offices. We then take their totals, add them up, and send in a Coast Guard SF-311 to DHS. We do not hold any "draft" SF-311, as it is a form that is filled out with the appropriate numbers.

Are you looking for both of our Area SF-311 and the Coast Guard SF-311 we send to DHS, just the Coast Guard SF-311, and finally, how many years are you asking for? I can tell you that the 2018 report is not yet completed as it isn't due to DHS until August 24, 2018.

Finally, when referencing your FOIA request, it has been assigned number 2018-CGFO-02170. Please use that number in your subject line. It will help me with your request.

I look forward to working with you.
Regards,

Michael V. Coughlin
Information Security Specialist
Sensitive Security Information (SSI) Program Manager
Office of Security Policy and Management (DCMS-3412)
Office: 202-372-3771
Fax: 202-372-3950

DCMS-34 Security Policy Website
http://hqs-spweb10-001:10116/sites/DCMS34/default.aspx

From: Emma Best

Copies from all offices, produced in the year prior to the receipt of this FOIA request.

From: Coast Guard

Ms. Best:

A FOIA response package is currently under legal review. Once completed, the response package will be released. There is no timeline on when the review will be completed.
Regards,

Michael V. Coughlin
Information Security Specialist
Sensitive Security Information (SSI) Program Manager
Office of Security Policy and Management (DCMS-3412)
Office: 202-372-3771
Fax: 202-372-3950

DCMS-34 Security Policy Website
http://hqs-spweb10-001:10116/sites/DCMS34/default.aspx

From: Coast Guard

Good Afternoon,

FOIA Case 2018-CGFO-02170 was assigned to DCMS-34 and has a target response date of August 31, 2018. For a status update please contact Michael Coughlin at Michael.Coughlin@uscg.mil<mailto:Michael.Coughlin@uscg.mil>. Please be sure to include the FOIA case number.

From: Coast Guard

Good Afternoon:

Attached are the documents you requested in your FOIA request, along with the response letter.

Respectfully,

Michael V. Coughlin
Information Security Specialist
Sensitive Security Information (SSI) Program Manager
Office of Security Policy and Management (DCMS-3412)
Office: 202-372-3771
Fax: 202-372-3950

DCMS-34 Security Policy Website
http://hqs-spweb10-001:10116/sites/DCMS34/default.aspx

From: Coast Guard

Good Afternoon:

Attached are the documents your requested in your FOIA request, along with the response letter.

Respectfully,

Michael V. Coughlin
Information Security Specialist
Sensitive Security Information (SSI) Program Manager
Office of Security Policy and Management (DCMS-3412)
Office: 202-372-3771
Fax: 202-372-3950

DCMS-34 Security Policy Website
http://hqs-spweb10-001:10116/sites/DCMS34/default.aspx

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