SF-716 2001-2017 (Office of Naval Research)

Emma Best filed this request with the Office of Naval Research of the United States of America.

It is a clone of this request.

Tracking #

SF-716 2001-2017, DON-NAVY-2018-009020

SF-716 2001-2017

Multi Request SF-716 2001-2017
Est. Completion None
Status
Fix Required

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-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.

Sincerely,

Emma Best

From: Office of Naval Research

Good day Ms. Best,

My name is Damon Ivy and I am writing with the Office of Naval Research
(ONR) FOIA about a FOIA request for SF-716 forms. The request that your
seeking belongs to General Service Administration. GSA FOIA office is
https://www.gsa.gov/reference/freedom-of-information-act-foia Department of
the Navy, Office of Naval Research does not handle SF-716's requests.
SF-716's forms are adjudicated with GSA. Let me know if this is the right
agency to adjudicate your request.

Thank you,

Damon Ivy, contractor
FOIA Analyst

Office of Naval Research (ONR)
One Liberty Center
875 North Randolph Street
Suite 1425
Arlington, VA 22203
Desk 703-696-4309

From: Office of Naval Research

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=090004d2819a0034)
* Tracking Number: DON-2018-008933
* Requester Name: Emma Best
* Date Submitted: 06/25/2018
* Request Status: Submitted
* Description: Copies of all drafts, submitted or received SF-716 forms produced from January 1, 2001 through December 31, 2017. SF-716 forms are filed annually and may also be identified as Agency Security Classification Cost Estimates.

From: Office of Naval Research

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=090004d2819a6a9e)
* Tracking Number: DON-NAVY-2018-009020
* Requester Name: Emma Best
* Date Submitted: 06/25/2018
* 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.

From: Office of Naval Research

DON-NAVY-2018-009020 has been processed with the following final disposition: All Records Referred to Another Agency

From: Emma Best

I am appealing the determination that I am a commercial requester, as this is wholly incompatible with the facts, the statute and case law. Per my original 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. 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.

From: Office of Naval Research

Muckrock News,

The Office of Naval Research received the FOIA Appeal on September 7, 2018 for an appeal to the determination that the requester is a commercial requester in DON-NAVY-2018-009020. ONR should not have made a fee category determination of any kind since ONR did not process the request. Classifying you as a commercial requester was done in error and no invoice should have been generated for you. I apologize for this mistake. Any future FOIA requests you file with ONR will be adjudicated with the proper fee category per your request. Thank you for your understanding.

Respectfully,
Melissa Mills
Office of Naval Research (ONR)
One Liberty Center
875 North Randolph Street
Arlington, VA 22203
Desk 703-588-2968

From: Office of Naval Research

Good afternoon:
We received your Freedom of Information Act (FOIA) request at the Office of Naval Research (ONR) on November 11, 2018 and assigned it number 19-013 in our system. Please refer to this number for all discussions regarding this request
Your submission on FOIAOnline shows a fee limit of $0.00. As so as you express a willingness to pay fees we will geing to process your request.
You can expect to hear from us promptly regarding the outcome of this search.

Respectfully,
Melissa Mills
Office of Naval Research (ONR)
One Liberty Center
875 North Randolph Street
Arlington, VA 22203
Desk 703-588-2968

From: Office of Naval Research

My apologies for the typo below. It should state, "as soon as you express.."

From: Office of Naval Research

Hello Mrs. Best,

The Office of Naval Research has determined the records you are seeking are not ONR records. I have reached out to the Office of The Under Secretary of Defense for Intelligence (USD(I)) and they have confirmed to me that they put together the report for the SF-716 forms for the DoD so they would be the agency with cognizance over the records. They will fulfill your FOIA request once you submit it to them. You can send your request to Richard.s.davison@mail.mil<mailto:Richard.s.davison@mail.mil> and they can be reached at 1-866-574-4970. ONR will be closing out this request.

Respectfully,
Melissa Mills
FOIA Officer
Office of Naval Research (ONR)
One Liberty Center
875 North Randolph Street
Arlington, VA 22203
Desk 703-588-2968

From: Office of Naval Research

DON-NAVY-2018-012069 has been processed with the following final disposition: Not an Agency Record

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