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, F-00004-19, OIG-2019-00016

NARA-NGC-2018-000333, F-00004-19

NARA-NGC-2018-000333

NARA-NGC-2018-000333

Due March 21, 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

From: National Archives and Records Administration

Ms. Best,

From: National Archives and Records Administration

Ms. Best,

Attached please find a response to FOIA NARA NGC-2018-000333, which was referred to the Federal Communications Commission by the National Archives and Records Administration.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

  • FOIA NARA NGC-2018-000333 (Best) - Response Letter

  • FOIA NARA NGC-2018-000333 (Best) - Responsive Records (FOR RELEASE)

From: Emma Best

To clarify - additional records are expected? I only seem to have them for two agencies – NARA should have many more.

From: National Archives and Records Administration

October 16, 2018 Re: USAID FOIA Request No. F-00004-19 (Acknowledgement Letter/FOIA Specialist Assignment)
Dear Ms. Best:
This acknowledges receipt of your of February 19, 2018 and June 22, 2018 Freedom of Information Act (FOIA) requests to the National Archives and Records Administration (NARA), NGC18-179 & NGC18-353. These requests were referred to our agency, the United States Agency for International Development (USAID), for direct reply from NARA on October 16, 2018. The USAID tracking number for your request is F-00004-19. Please use this number when corresponding with our office.
FOIA Specialist
our request has been assigned to Amira Moore, FOIA Specialist.  You may contact Amira Moore by email at ammoore@usaid.gov or by phone on 202-712-1218.  Please reference the tracking number cited above in any future correspondence.
Qianna Norman FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division

From: National Archives and Records Administration

Ms. Best,

Please find attached the acknowledgement letter responsive to your FOIA
request with our office.

Thank you,

Sheri Meyers
FOIA Intake

From: Emma Best

I am appealing USAID's determination that I am an all other requester, as this is blatantly inconsistent with the facts and with case law. I further appeal their determination that I agreed to pay up to $50, which I never did. I further appeal the decision to ignore my fee waiver request.

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 in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 library Internet Archive and and the journalist non-profit, 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.

  • 19-HQ-R-00003 MS. EMMA BEST FOIA REQUEST REFERRAL ACKNOWLEDGEMENT LETTER 2

From: National Archives and Records Administration

Good Morning Ms. Best,

This acknowledges receipt of your FOIA request (attached) which was referred to our office from NARA. Your request is being processed in accordance with Department of Defense Manual (DoDM) 5400.07, DoD FOIA Program, and has been assigned USTRANSCOM FOIA tracking number 19-0001-F. It is estimated that your request will be completed on/about 19 November 2018.

Below is a link to our website which will update you on the status of your request.

https://www.ustanscom.mil/foia/request-status.cfm

Please feel free to contact us if you have questions at 618-220-4100 or email transcom.scott.tcja.mbx.foia@mail.mil <mailto:transcom.scott.tcja.mbx.foia@mail.mil> .

v/r,

Lori A. Sneed

Deputy Program Manager

USTRANSCOM/TCJA-FO

508 Scott Drive, Room 113

Scott AFB, IL 62225

☎ Comm: (618) 220-4104/4100

DSN: 770-4104/4100

CONFIDENTIALITY NOTICE: This electronic transmission, including any

attachments, is for the sole use of the intended recipient(s) and may

contain sensitive but unclassified information or Privacy Act data and is

protected from disclosure under the Freedom of Information Act, 5 USC 552.

Any unauthorized review, use, disclosure or distribution is prohibited. If

you are not the intended recipient, please contact the sender by reply

e-mail and destroy all copies of the original message.

From: National Archives and Records Administration

Dear Emma Best,
Your request has been received by the OSD/JS FOIA Requester Service Center. The request has been assigned tracking # '19-F-0168', please log into your account and review your submission.
The application address is https://pal.whs.mil.
Thank you,
OSD/JS FOIA Requester Service Center

From: National Archives and Records Administration

Hi Emma,

I was going back through my correspondence with you and I want to clear up something pertaining to two similar requests of yours.

The DFO provided you a response for your request regarding SF-716 forms on 8/28/18. The DFO processed that request under FOIA request number 2017-DA-04812-F. In the DFO response, we informed you that your request was referred, in full, to USDA OIG. This request is closed out and is no longer an active request with the DFO.

On 10/17/18, DFO received a referral of documents from NARA related to a request you submitted to NARA on 2/19/18 regarding SF-311s. The DFO is processing that request under 2019-DA-00426-F. For your reference, the tracking number NARA used for your SF-311 request is: NARA-NGC-2018-000333.

My apologies for any confusion. I hope this email clarifies things and the status/posture for each of your requests. If not, please feel free to contact me with any questions.
Thanks,

Kathleen

From: National Archives and Records Administration

Hi Emma,

I'm forwarding your acknowledgment from DFO regarding your SF-311 request (2019-DA-00426-F) that I sent out on Friday, 10/19. This request was referred to DFO from NARA on 10/17/18. It doesn't look like the email below went to the correct muck rock address and I want to make sure you receive the DFO acknowledgment so I'm forwarding it to requests@muckrock.com.

For future correspondence regarding this SF-311 request, I'll be sending all correspondence to requests@muckrock.com<mailto:requests@muckrock.com>, which is the muck rock email you used to send your initial SF-311 request to NARA. If you have any objections to that, please let me know.

Also, if you would like to provide me a direct email address, I can use that for future correspondence.
Thanks,

Kathleen

From: National Archives and Records Administration

Your request for Fee Waiver for the FOIA request DODOIG-2019-000071 has been fully granted. Additional details for this request are as follows:
* Request Created on: 10/22/2018
* Request Description: I request he following records: copies of all SF-311 forms submitted to NARA from all agencies for all available years (1997- 2016).
* Fee Waiver Original Justification: 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.
* Fee Waiver Disposition Reason: N/A

Files

pages

Close