SF-716 2001-2017 (General Services 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=090004d2819b3b08)
* Tracking Number: EPA-HQ-2018-009180
* Requester Name: Emma Best
* Date Submitted: 07/02/2018
* Request Status: Submitted
* Description: Copies of all drafted, submitted or received SF-716 forms (https://www.archives.gov/files/isoo/security-forms/sf716.pdf) produced from January 1, 2001 through December 31, 2017. SF-716 forms are filed annually and may also be identified as Agency Security Classification Costs Estimates.

Good morning Emma,
The Office of Administration and Resources Management (OARM) at the Environmental Protection Agency (EPA) has been assigned EPA-HQ-2018-009180 requesting "copies of all drafted, submitted or received SF-716 forms (https://www.archives.gov/files/isoo/security-forms/sf716.pdf) produced from January 1, 2001 through December 31, 2017." This request was submitted on July 2nd, 2018.  We have also been assigned EPA-HQ-2018-009178 which was submitted by you on the same date requesting the same information.
Please let OARM know before or by July 10th, 2018 if you can provide clarification of this request or if it can be closed as an unintentional duplicate request.  If OARM does not hear from you by July 10th, 2018, EPA-HQ-2018-009180 will be considered a duplicate request and administratively closed, and OARM will continue processing EPA-HQ-2018-009178.

I can be reached at sandfoss.kristina@epa.gov or 202-564-7177 for clarification or questions. (mailto:sandfoss.kristina@epa.gov)

Thank you for your interest in the EPA and have a great holiday!

Kristina

Kristina Sandfoss

OARM FOIA Coordinator

The FOIA request EPA-HQ-2018-009180 has had its Tracking Number changed to EPA-HQ-2018-009180. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: EPA-HQ-2018-009180
* New Tracking Number: EPA-HQ-2018-009180
* Requester Name: Emma Best
* Date Submitted: 07/05/2018
* Long Description: Copies of all drafted, submitted or received SF-716 forms (https://www.archives.gov/files/isoo/security-forms/sf716.pdf) produced from January 1, 2001 through December 31, 2017. SF-716 forms are filed annually and may also be identified as Agency Security Classification Costs Estimates.

See attached letter

Your request for Fee Waiver for the FOIA request EPA-HQ-2018-009180 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 07/05/2018
* Request Description: Copies of all drafted, submitted or received SF-716 forms (https://www.archives.gov/files/isoo/security-forms/sf716.pdf) produced from January 1, 2001 through December 31, 2017. SF-716 forms are filed annually and may also be identified as Agency Security Classification Costs Estimates.
* Fee Waiver Original Justification: 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. 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). 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 are moot for the purposes of determining the 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.
* Fee Waiver Disposition Reason: 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. 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). 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 are moot for the purposes of determining the 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.

Good morning Ms. Best - The FOIA you are requesting a status for;
EPA-HQ-2018-009180, is not a GSA FOIA. Please fax your status request to
EPA or contact the POC referenced in your fax; sandfoss.kristina@epa.gov
(202-564-7177).

Thank you and have a great day.

Respectfully,

U.S. General Services Administration

*Freedom of Information Act (FOIA) Requester Service Center (H1F)*

*1800 F Street, Northwest, Room 7300 Washington, DC 20405 Toll Free
number:(855) 675-FOIA*

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