SF-716 2001-2017 (U.S. Department of Education)

Emma Best filed this request with the U.S. Department of Education of the United States of America.

It is a clone of this request.

Tracking #

18-02247-F, 19-00181-F, 19-00114-F

18-02247-F, 19-00181-F

18-02247-F

Multi Request SF-716 2001-2017
Due Aug. 10, 2018
Est. Completion None
Status
Awaiting Response

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: U.S. Department of Education

Dear Emma Best,

This letter is in response to your FOIA request dated June 25, 2018, requesting information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552.

You asked for:

“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.”
Please be advised that the US Department of Education does not maintain those types of records/information.

We regret that we have been unable to be more helpful.

This letter concludes our response to your request.

If you have any questions, please contact the FOIA Office at (202) 401-8365 or EDFOIAManager@ed.gov<mailto:EDFOIAManager@ed.gov>

Sincerely
EDFOIA Manager
FOIA Service Center
U.S. Department of Education

From: U.S. Department of Education

Dear Emma Best,
This is the Department's acknowledgment of your request for information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was forwarded to the primary responsible office(s) for action.
Any future correspondence or questions regarding your request, please contact the FOIA Public Liaison at 202-401-8365 or
Thank you. (mailto:EDFOIAManager@ed.gov) EDFOIAManager@ed.gov
ED FOIA Manager
FOIA Service Center
U.S. Department of Education

  • Department of Education FOIA Acknowledgment Letter - 18-02805-F

From: U.S. Department of Education

Please find attached the Department's initial determination on your FOIA request 18-02805-F.
Thanks,

Robert Wehausen
Team Lead
FOIA Service Center
U.S. Dept. of Education
400 Maryland Avenue, SW
Washington, DC 20202-4510
202.205.0733<tel:202.205.0733>

From: U.S. Department of Education

Dear Emma Best,
This is the Department's acknowledgment of your request for information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was forwarded to the primary responsible office(s) for action.
Any future correspondence or questions regarding your request, please contact the FOIA Public Liaison at 202-401-8365 or
Thank you. (mailto:EDFOIAManager@ed.gov) EDFOIAManager@ed.gov
ED FOIA Manager
FOIA Service Center
U.S. Department of Education

  • Department of Education FOIA Acknowledgment Letter - 19-00181-F

From: U.S. Department of Education

Good Afternoon,

Please find attached an initial determination letter. Have a nice day.

Thank you,

Vera Mitchell
[https://i.imgur.com/f8dAnOG.png]
FOIA Analyst
FOIA Service Center, OM/OCPO
U.S. Department of Education
400 Maryland Ave. SW, Room 7C102
Washington, DC 20202-4510
FOIA Hotline (202) 453-6336

From: U.S. Department of Education

Attached you will find the Department's initial determination on your FOIA request 19-00181-F.

You can check on the status of your request here: https://www2.ed.gov/policy/gen/leg/foia/foiatoc.html?src=ft
Thanks,
Robert Wehausen
Team Lead
FOIA Service Center
U.S. Dept. of Education
400 Maryland Avenue, SW
Washington, DC 20202-4510
202.205.0733<tel:202.205.0733>

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