It is a clone of this request.
|Multi Request||SF-716 2001-2017|
|Submitted||June 24, 2018|
|Due||July 23, 2018|
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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-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.
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.
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.
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=090004d2819b3bae)
* Tracking Number: NARA-NGC-2018-000692
* 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.
Your request for Fee Waiver for the FOIA request NARA-NGC-2018-000692 has been fully granted. Additional details for this request are as follows:
* Request Created on: 07/02/2018
* Fee Waiver Disposition Reason: N/A
* Request 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.
Sent via FOIAOnline
July 31, 2018
Emma Best MuckRock News
DEPT MR 56712
411A Highland Ave.
Somerville, MA 02144
Re: Freedom of Information Act Request NGC18-367
Dear Ms. Best:
We received your Freedom of Information Act (FOIA) request submitted via FOIAonline on July 2, 2018. We have assigned your request internal tracking number NGC18-367, and FOIAOnline tracking number NARA-NGC-2018-000692. You requested SF-716 forms submitted to NARA from January 1, 2001 through December 31, 2017.
Your request falls within one of the “unusual circumstances” categories contemplated by the FOIA, 5 U.S.C. 552 §§ (a) (6) (B) (iii) (II) and (III) due to the volume of records requested, and the need to consult with other agencies that may have an interest in the request. We need additional time to respond to your request beyond the twenty business days provided by the FOIA statute.
To enable us to respond more quickly to you, you do have the option to reformulate your request to reduce the amount of time required to complete our review, 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.
Susan Gillett Government Information Specialist
Office of General Counsel
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