TSA: "Still Interested Letters" procedures

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All current and previous standard operating procedures for issuing "still interested letters" to FOIA requesters.

Per a compliance report released by the Office of Government Information Services in January 2016 (see: https://ogis.archives.gov/Assets/Transportation+Security+Administration+(TSA)+Freedom+of+Information+Act+(FOIA)+Compliance+Report.pdf):

"TSA FOIA leaders informed us that the FOIA Office uses “still interested” letters for requests that are four or more years old. The letters give requesters 10 days to respond to the agency indicating their continued interest in the requested records. Almost all requesters respond within those 10 days, according to TSA.

TSA’s practice of providing requesters with 10 days to respond to a “still interested” letter is shorter than the number of days provided by other DHS components. Additionally, DOJ recently issued guidance instructing agencies to provide requesters with at least 30 days to respond and emphasizing that a requester should not be disadvantaged if he/she misses the deadline: the agency should re-open the request when contacted by the requester, and the request should be placed in the queue at approximately the same place it was had the “still interested” letter not been sent. We recommend that TSA change its practice to follow DOJ guidance. We note that since our review, the FOIA Branch informed us that it has created standard operating procedures regarding the use of “still interested” letters in accordance with DOJ guidance and DHS practice."

As this request is submitted in my capacity as a journalist who has covered the Department of Homeland Security — including the TSA — extensively, as well as the administration of FOIA at all levels of government, I assert that I am appropriately categorized as a media requester for the purpose of fees. As the requested documents will be posted online for the public to access free of charge, and pertain to a matter of great public interest, I further request that any fees be waived in the public interest.

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,

Shawn Musgrave

Hello -

Thank you for acknowledging this request. Please confirm that I have been categorized as a media requester for the purpose of fees.

Best,
Shawn Musgrave