SF-311 2017 (Department of Labor)

Emma Best filed this request with the Department of Labor of the United States of America.
Tracking #

861592

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: Department of Labor

Ms. Best:

Your request has been assigned to our Office of the Assistant Secretary for Administration and Management (OASAM) today with tracking number 861592. When they begin processing it, you will be able to track its progress at www.dol.gov/foia<http://www.dol.gov/foia>. If you need to contact them about it for any reason, please phone 202-693-7286 and reference the tracking number at the time of your call.

Sincerely,

Darlene Miller
Government Information Specialist, Office of Information Services

OFFICE OF THE SOLICITOR | MANAGEMENT & ADMINISTRATIVE LEGAL SERVICES
U.S. Department of Labor
200 Constitution Avenue NW, Rm N2420
Washington, DC 20210
(202) 693-5442 (O) | (202) 693-5389 (F) | miller.darlene@dol.gov<mailto:miller.darlene@dol.gov> (E)
e-FOIAs: foiarequests@dol.gov<mailto:foiarequests@dol.gov>

From: Department of Labor

July 9, 2018

Ms. Emma Best
MuckRock News
Department MR 56241
411A Highland Avenue
Somerville, Massachusetts 02144-2516

Sent via E-mail to requests@muckrock.com

RE: Freedom of Information Act Response Letter
FOIA Tracking Number SOL-FOIA-F2018-861592

Dear Ms. Best:

The Department of Labor (DOL) Office of the Assistant Secretary for Administration and Management (OASAM) National Office is responding to your request made under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, dated June 18, 2018. Specifically, you requested copies of all drafted, submitted or received SF-311 Forms between January 2017 to June 2018.

For your information, we have attached a signed copy of the response letter, and the responsive documents.

We hope this information has been helpful.

Sincerely,

Stacey C. Thompson
Office of the Assistant Secretary for Administration and Management
Disclosure Officer

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From: Department of Labor

July 9, 2018

Ms. Emma Best
MuckRock News
Department MR 56241
411A Highland Avenue
Somerville, Massachusetts 02144-2516

Sent via E-mail to requests@muckrock.com

RE: Freedom of Information Act Acknowledgment Letter
FOIA Tracking Number SOL-FOIA-F2018-861592 - Subject: Copies of all drafted, submitted or received SF-311 Forms between
January 2017 to June 2018.

Dear Ms. Best:

The U.S. Department of Labor (DOL) Office of the Assistant Secretary for Administration and Management (OASAM) received your Freedom of Information Act (FOIA) request dated June 18, 2018, for copies of all drafted, submitted or received SF-311 Forms between January 2017 to June 2018. The OASAM National Office will process your request pursuant to the FOIA, 5 U.S.C. § 552. Additionally, your FOIA request has been assigned the FOIA tracking number above. You may use the FOIA tracking number to check the status of your request on the Department of Labor's FOIA Public Portal. Please refer to this number in any future correspondences about your request.

For your information, we have attached a signed copy of the acknowledgment letter.

We hope this information has been helpful.

Sincerely,

Stacey C. Thompson
Office of the Assistant Secretary for Administration and Management
Disclosure Officer

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