SF-311 (complete)

Emma Best filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

NARA-NGC-2018-000333

NARA-NGC-2018-000333

Due March 19, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Copies of all SF-311 forms submitted to NARA from all agencies for all available years.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, 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 the non-profit Internet Archive, 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 such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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: National Archives and Records Administration

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28180d0e4)
* Tracking Number: NARA-NGC-2018-000333
* Requester Name: Emma Best
* Date Submitted: 02/19/2018
* Request Status: Submitted
* Description: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: Copies of all SF-311 forms submitted to NARA from all agencies for all available years. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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: National Archives and Records Administration

Dear Ms. Best,

As we previously advised you via FOIAonline, we received your Privacy
Act/FOIA request, dated February 19, 2018, received in our office February
20, 2018, and we have assigned your request internal tracking number
NGC18-119 and FOIAOnline tracking number NARA-NGC-2018-000333. Your
request stated:

To Whom It May Concern: This is a request under the Freedom of Information
Act. I hereby request the following records: Copies of all SF-311 forms
submitted to NARA from all agencies for all available years. As such, my
primary purpose is to inform about government activities by reporting on it
and making the raw data available and I therefore 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

Your request falls within one of the “unusual circumstances” categories
contemplated by the FOIA, 5 U.S.C. 552 §§ (a)(6)(B)(iii)((I) and (III), and
we need additional time to respond to your request beyond the twenty
business days provided by the FOIA statute. The records you seek have
required us to search several offices within NARA. To enable us to respond
more quickly to you, you may wish to reformulate your request to reduce the
amount of time required to complete our consultation, or to arrange an
alternative time frame for the processing of this request.

We regret the necessity of this delay, but assure you that your request
will be processed as soon as possible. If you have any questions you may
contact me. You may also contact our FOIA Public Liaison, Gary M. Stern
for assistance at 8601 Adelphi Road, College Park, MD 20740-6002,
301-837-1750, Garym.Stern@nara.gov.

Sincerely,

Matthew Heichelbech
Government Information Specialist Detailee
National Archives and Records Administration
Office of the General Counsel, Archives II
301-837-1934
matthew.heichelbech@nara.gov

<matthew.heichelbech@nara.gov>

<matthew.heichelbech@nara.gov>

From: National Archives and Records Administration

Your request for Fee Waiver for the FOIA request NARA-NGC-2018-000333 has been fully granted. Additional details for this request are as follows:
* Request Created on: 02/19/2018
* Fee Waiver Disposition Reason: N/A
* Request Long Description: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: Copies of all SF-311 forms submitted to NARA from all agencies for all available years. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore 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

Files

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