Expedited FOIA Request NARA 24-A.A . FOIA Advisory Committee December 7, 2023 Meeting Persons Present

January 15, 2024

FOIA Officer
National Archives and Records Administration 8601 Adelphi Road, Room 3110
College Park, MD 20740
Fax: (301) 837-0293
By E-mail: foia@nara.gov

Copy to AOTUS

Subject: Expedited FOIA Request NARA 24-A.A . FOIA Advisory Committee December 7, 2023 Meeting Persons Present

***This Request will be timely for Judicial Review in twenty working days***

I am submitting this request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended. If you deny all or any part of this request, please cite each specific exemption you think justifies your decision not to release the information and notify me of appeal procedures available under the law. References cited below apply.

RECORDS SOUGHT VIA FOIA.

Expedited FOIA Request NARA 24-A.A . FOIA Advisory Committee December 7, 2023 Meeting Persons Present See PDF.

1. Records of the FOIA Advisory Committee December 7, 2023 Meeting Participants or persons present, including but not limited to: a) all participants/persons present who registered to participate via WEBEX; b) and all NARA support personnel; c) moderator(s).

2. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).

The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).

REQUESTED FORMAT.

The Webex recording link should also be included in the FOIA Advisory Committee meeting minutes. Public disclosure was an important issue at this meeting. There is no basis for not expeditiously providing the recording to the public – release to one, release to all.

This request is distinctly separate from any other. Please do not combine this request with any other request in your reply. I am requesting that each element of the records sought be specifically addressed in the reply.

In all correspondence, return a copy of my FOIA request, cite my personal request number, and cite records sought.

FEE WAIVER/ PUBLIC INTEREST/PUBLIC RELEASE.

Notwithstanding my agreement to pay fees below if my fee waiver is denied, I am seeking a fee waiver due to significant public interest in this information. The subject of the requested records concerns "the operations or activities of the government.” The disclosure is "likely to contribute" to an understanding of government operations or activities. There is no commercial interest. There is significant public interest.

AGREEMENT TO PAY FEES.

I agree to pay fees for searching or copying the records up to $25. If the fees exceed this amount, please advise me of the cost before proceeding. I do not believe that there should be any charge for providing these records, as there is public interest in government operations. I am a private individual not seeking documents for commercial use, such that the following applies: “No fees may be charged by any DoD Component if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the exception of requesters seeking documents for a commercial use, Components shall provide the first two hours of search time, and the first one hundred pages of duplication without charge.” I would note that because I am requesting an electronic file, there should not be a per page copy fee.

The OMB Guidelines direct that searches for responsive records should be done in the "most efficient and least expensive manner." See OMB Fee Guidelines, 52 Fed. Reg. at 10,017. As an “all others” requester, I may only be assessed search and duplication fees and not fees for review. See 32 CFR 286.12 - Schedule of fees. Also, please note that, should payment become necessary, the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: " United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980 ; Pub. L. 97–452, §1(19), Jan. 12, 1983, 96 Stat.
2477 .)

EXPEDITED PROCESSING.

I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:

1. Records are the subject of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
a. FOIA Advisory Committee certified meeting minutes must be accurate. If they are not, it is explosive.
2. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOAI meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council
https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public- comments

- OGIS Annual Open Meeting Public comments
https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond- 106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is apparent The definition of “records” includes:
• “[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”

• My work is distributed by email to an audience of FOIA professionals, media, and interested parties with frequent active distribution.

3. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

4. I am seeking expedited processing due to eminent substantial loss of due process rights in connection with mediation and potential litigation of requests and appeals related to the December 7, 2023 meeting.

DOD POLICY – PUBLIC TRUST.

Reference (c) states, “DoD personnel are expected to comply with the FOIA, this Regulation, and DoD FOIA policy in both letter and spirit. This strict adherence is necessary to provide uniformity in the implementation of the DoD FOIA Program and to create conditions that will promote public trust.”

ESTIMATED COMPLETION DATES

Provide me with the initial estimated completion date (ESD) for this matter along with contemporaneous adjusted ESDs as they change. See Office of Government Information Services Advisory Opinion No. 2020-01: Agencies Must Provide Estimated Dates of Completion Upon Request https://www.archives.gov/ogis/advisory-opinions/2020-01- agencies-must-provide-edcs .

STILL-INTERESTED PREEMPTIVE REPLY. This is a preemptive reply to the Justice Department guidelines the procedure known as a “still interested” inquiry, through which a FOIA officer can confirm that the requester has not lost interest in obtaining the documents.

My interest in all FOIA requests and appeals submitted to your office is enduring, meaning that my interest in seeking replies to all past and future FOIA request remains in effect until each request has been answered fully and the time for judicial review has passed. Please do not initiate any "still interested" inquiries. This serves as my notice of enduring interest and automatic reply to any future questions of interest by your office.
There are no reasonable grounds to ever conclude in the future that I am not interested in this request.

Implementation Checklist for DOJ OIP Guidance on “Still-Interested” Inquiries
1. Ensure there are reasonable grounds to make a “still-interested” inquiry in first instance.
2. Absent good cause, do not make multiple “still-interested” inquiries.
3. Use requester’s preferred method of communication and in the absence of a preference, communicate by telephone or email as the default.
4. Memorialize any decision by a requester to withdraw a request that is conveyed by telephone by sending the requester a brief email or letter noting the withdrawal.
5. Provide requesters no less than thirty (30) working days to respond to the “still- interested” inquiry and ensure that there is a simple way to do so.
6. Advise the requester that if they elect not to respond to the inquiry, the request will be administratively closed at the conclusion of the designated time period (which must be at least 30 working days).
7. Prior to administratively closing a request based upon the lack of a response by the requester, make good faith efforts to reach out to the requester using multiple methods of communication.
8. In the event a requester responds to the “still- interested” inquiry within a reasonable time after the deadline has passed, reopen the request, and place it back into the processing queue where it would have been.

PRESERVE RECORDS AND SEARCHES FOR JUDICIAL REVIEW.

Please search for, locate, and preserve all responsive or potentially responsive records and records of your searches in your FOIA case file until the statutory date for judicial review has passed (should that be necessary) or in accordance with a NARA approved records schedule, if longer. NARA GRS 4.2 requires that FOIA and Privacy Act case files be retained for 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later.
Records of responsive searches would include but not be limited to: searches conducted for each specific record sought and all other records known to the Agency, including dates, manner of searching, responsible agent or employee conducting each search and the results thereof. Such persons determining the locations of responsive records must be inclusive of persons who would know such locations and their identities and manner of determining search locations must be preserved. In any subsequent proceedings, I may seek sworn declarations and a court order appointing a special counsel, as appropriate. Similarly, I may pursue additional venues.

Any deletion of potentially responsive records by any party having knowledge of this Request may be a violation of law. In as much as applicable staff and leadership have knowledge of my subject request, the Agency must search for, locate, and preserve all responsive or potentially responsive records and records of searches in their FOIA case file, and leadership must ensure that this is done. Failing to do so and allowing records to be deleted IAW any other records management schedule may be a violation of law.

ELECTRONIC RECORDS PRESERVATION.

The Agency must preserve all electronically stored information, copies and backup, as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files which the Agency maintains, relevant to this action I am seeking electronic data in the Agency’s custody and control that is relevant to this action, including without limitation emails, along with metadata, and other information contained on Agency computer systems and any electronic storage systems. I consider this electronic data and paper files to be valuable and irreplaceable sources of discoverable information in this matter. No procedures should have been implemented to alter any active, deleted, or fragmented data. Moreover, no electronic data should have been disposed of or destroyed. (ETL Institute for Advancement of America’s Legal System).

Further, to properly fulfill your preservation obligation, stop all scheduled data destruction, electronic shredding, rotation of backup tapes, and the sale, gift, or destruction of hardware. Notify all individuals of the need and duty to take the necessary affirmatives steps to comply with the duty to preserve evidence. (2008 Thomson Delmar Learning).

The Agency’s Director of Information Operations or similar organization must initiate procedures to preserve electronic records.

APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not
paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA- GRS- 2016-
0002-
0001

ALTERATION/DESTRUCTION OF RECORDS

18 U.S. CODE § 1519 - DESTRUCTION, ALTERATION, OR FALSIFICATION OF RECORDS.

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more
than 20 years, or both. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).
36 CFR § 1230 UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3

Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under §1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.

32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.

Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA).
Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.

36 CFR § 1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.

RECORDS
(a) FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the
head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II,
§ 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat.
2009

IMPROPOERLY WITHHOLDING RECORDS

Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).

PERJURY

Whoever-

(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;

is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title, or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 U.S. C. § 1621 - Perjury generally (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–
619, §1, Oct. 3, 1964, 78 Stat. 995 ; Pub. L. 94–550, §2, Oct. 18, 1976, 90 Stat. 2534 ;
Pub. L. 103–322, title XXXIII, §330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.

SUBORDINATION OF PERJURY

The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath

Title 18 U.S.C. § 1622 provides:

Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.

FALSE OFFICIAL STATEMENTS.
18 U.S.C. § 1001. Statements or entries generally:
a. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact; 2.makes any materially false, fictitious, or fraudulent statement or representation;
or
3.makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
10 U.S. Code § 907. Art. 107. False official statements; false swearing:
(a) FALSE OFFICIAL STATEMENTS. Any person subject to this chapter who, with intent to deceive—
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct.”
LEGAL FRAMEWORK OF FOIA

1. The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
2. FOIA requires that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person” 5 U.S.C. § 552(a)(3)(A).
3. FOIA requires that “each agency shall establish a system to assign an individualized tracking number for each request received that will take longer than ten days to process and provide to each person making a request the tracking number assigned to the request” 5 U.S.C. § 522(a)(7)(A).
4. FOIA requires that each agency shall “establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including the date on which the agency originally received the request; and an estimated date on which the agency will complete action on the request. 5
U.S.C. § 522(a)(7)(B).
5. FOIA also requires federal agencies to make a final determination on FOIA administrative appeals that it receives within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal, unless the agency expressly provides notice to the requester of “unusual circumstances” meriting additional time for responding to a FOIA request. 5 U.S.C. § 552(a)(6)(A)(ii).
6. FOIA expressly provides that a person shall be deemed to have constructively exhausted their administrative remedies if the agency fails to comply with the applicable time limitations provided by 5 U.S.C. § 552(a)(6)(A)(I) - (ii). See also 5 U.S.C. § 552(a)(6)(C).
7. FOIA provides that any person who has not been provided the records requested pursuant to FOIA, after exhausting their administrative remedies, may seek legal redress from the Federal District Court to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.
8. Regarding the names of the FOIA requesters, the courts have held that under the FOIA requesters do not have an expectation of privacy. Stauss v. IRS, 516 F. Supp. 1218, 1223 (D.D.C. 1981),
9. Under FOIA, the federal agency has the burden of sustaining its actions. 5 U.S.C.§ 552(a)(4)(B).
10. Pursuant to FOIA, a Court may assess attorney fees and litigation costs against the United States if the Plaintiff prevails in an action thereunder. 5
U.S.C. § 552(a)(4)(E).
11. Department of Justice (DOJ) has issued a handbook addressing FOIA Annual Reports. See DOJ, Handbook for Agency Annual Freedom of Information Act Reports, “Disposition of FOIA Requests,” (available at http://www.justice.gov/sites/default/files/oip/pages/attachments/2014/11/04/department_of_jus tice_handbook_for_agency_annual_freedom_of_information_act_reports.pdf) (“DOJ Handbook”).
12. Among other things, the DOJ Handbook states, “All requests (perfected and non-perfected), appeals, and consultations that were pending at any time during the relevant fiscal year [October 1st through September 30th] will be captured.”
13. The DOJ Handbook also states:
“[E]ach agency is ultimately responsible for the accuracy and completeness of its Annual FOIA Report. It is therefore essential for agencies to take steps that will ensure that they are adequately tracking all of the information necessary to complete the Annual FOIA Report sections detailed below. Agencies that utilize a tracking or case management system for this purpose are responsible for ensuring that the system they are using can produce an accurate Annual FOIA Report that is in compliance with the law and Department of Justice guidance.” DOJ Handbook, at 3.

I believe that I have adequately described the records that I am seeking. If you believe that my request is unclear, if you have any questions, or if there is anything else that you need from me to complete this request in a timely manner, please contact me in writing, so that I may perfect my request. If you deem that any portion of my request is unclear, answer the remaining portions and I will perfect a request for additional material as needed.

Thank you very much in advance. With respect,
/s/
Robert Hammond Requester
Whistleblower

References:
(a) The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended,
(b) Joint publication of U.S. Department of Justice, Executive Office of the President and U.S. General Services Administration of July 2011, “Your Right to Federal Records”
(c) The Privacy Act (“PA”) of 1974, 5 U.S.C. § 552a, et seq., as amended
(d) DoD 5400.11-R, May 14, 2007, Department of Defense Privacy Program
(e) DoD 5400.7-R, September 1998, DoD Freedom of Information Act (FOIA)
Program
(f) DoD 6025.18-R, Jan. 24, 2003, DoD Health Information Privacy Regulation
(g) GAO Report GAO-12-828 of July 2012, subject Freedom of Information Act
(h) Department of Justice Handbook for Agency Annual Freedom of Information Act Reports
(i) (b) Administrative Instruction 106, “Alternative Dispute Resolution (ADR)
Program,” January 30, 2014
(j) DoD Directive 5145.01, “General Counsel of the Department of Defense (GC DoD),” December 2, 2013, as amended
(k) DoD Directive 5145.04, “Defense Legal Services Agency (DLSA),” April 16, 2012
(l) (f) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(m) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual:
Procedures for DoD Internal Information Collections,” June 30, 2014
(n) Executive Order 12988, “Civil Justice Reform,” February 5, 1996
(o) Public Law 101-552, “Administrative Dispute Resolution Act,” November 15, 1990
(p) Public Law 104–320, “Administrative Dispute Resolution Act of 1996,” October 19, 1996
(q) Presidential Memorandum for Heads of Executive Departments and Agencies, “Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking,” May 1, 1998
(r) United States Code, Title 5
(s) DoD Instruction 5145.05, “Alternative Dispute Resolution (ADR) and Conflict Management”
(t) Alternate Dispute Resolution Handbook (opm.gov/policy-data-oversight/employee- relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf)
(u) President Obama's FOIA Memorandum and Attorney General Holder's FOIA Guidelines (justice.gov/sites/default/files/oip/legacy/2014/07/23/foia- memorandum.pdf)
(v) Federal Advisory Committee Act (Pub. L. 92-463)

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Wednesday, January 17, 2024 4:42 PM
To: 'ogis@nara.gov' <ogis@nara.gov>; 'alina.semo@nara.gov' <alina.semo@nara.gov>
Cc: 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>; 'execsec@nara.gov' <execsec@nara.gov>; 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'garym.stern@nara.gov' <garym.stern@nara.gov>; 'foia@nara.gov' <foia@nara.gov>; 'joseph.a.scanlon@nara.gov' <joseph.a.scanlon@nara.gov>; 'joseph.scanlon@nara.gov' <joseph.scanlon@nara.gov>; 'perseverance2013@aol.com' <perseverance2013@aol.com>
Subject: Immediate OGIS Mediation. + FPL Dispute Resplution. Freedom of Information Act Request NGC24-130. Records of the FOIA Advisory Committee December 7, 2023 Meeting Participant
Importance: High

Alina Semo, OGIS staff,

Notwithstanding my request for FPL dispute resolution with Gary Stern cited below, OGIS mediation is a separate, non -exclusive right.

I am seeking immediate, formal OGIS mediation with Joseph A. Scanlon regarding the matters below. OGIS cannot engage with NARA’s FPL on this matter as FPL dispute resolution is a distinct, non-exclusive right.

With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Wednesday, January 17, 2024 4:37 PM
To: 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'garym.stern@nara.gov' <garym.stern@nara.gov>; 'foia@nara.gov' <foia@nara.gov>; 'joseph.a.scanlon@nara.gov' <joseph.a.scanlon@nara.gov>; 'joseph.scanlon@nara.gov' <joseph.scanlon@nara.gov>
Cc: 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>; 'execsec@nara.gov' <execsec@nara.gov>
Subject: Immediate FPL Dispute Resolution Freedom of Information Act Request NGC24-130. Records of the FOIA Advisory Committee December 7, 2023 Meeting Participant

Gary M. Stern
NARA's General Counsel
8601 Adelphi Road
College Park, MD 20740-6001
301-837-1750 (phone)
301-837-0293 (fax)
garym.stern@nara.gov

Gary Stern (NARA FOIA Public Liaison)

I am seeking immediate, written FOIA Public Liaison Dispute Resolution of NARA’s January 16, 2024 expedited processing denial for the above FOIA request NGC24-130. Records are located at Untitled • MuckRock. https://www.muckrock.com/foi/united-states-of-america-10/untitled-157299

FPL dispute resolution is not optional – it is mandatory per the FOIA statute- as a non-exclusive alternative to other redress.

I am seeking that NARA address every element and sub-element of my request for expedited processing. NARA must address all elements and to deny expedited processing NARA must reject every element/sub-element.

NARA’s generalized statement, “After carefully reviewing your request, we do not believe expedition is warranted, as you have not demonstrated that your request meets the above-referenced criteria” does not comport with law.

With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Thursday, January 25, 2024 4:07 PM
To: 'Gary Stern' <garym.stern@nara.gov>; 'FOIA Advisory Comm. Mailbox' <foia-advisory-committee@nara.gov>; 'OIP.ComplianceInquiry@usdoj.gov' <OIP.ComplianceInquiry@usdoj.gov>; 'brett.baker@nara.gov' <brett.baker@nara.gov>; 'bobak.Talebian@usdoj.gov' <bobak.Talebian@usdoj.gov>; 'Lindsay.Steel@usdoj.gov' <Lindsay.Steel@usdoj.gov>
Cc: 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'foia@nara.gov' <foia@nara.gov>; 'joseph.a.scanlon@nara.gov' <joseph.a.scanlon@nara.gov>; 'joseph.scanlon@nara.gov' <joseph.scanlon@nara.gov>; 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>; 'execsec@nara.gov' <execsec@nara.gov>; 'Vanita.Gupta19@usdoj.gov' <Vanita.Gupta19@usdoj.gov>; 'carrie.mcguire@nara.gov' <carrie.mcguire@nara.gov>; 'kirsten.mitchell@nara.gov' <kirsten.mitchell@nara.gov>; 'teresa.brady@nara.gov' <teresa.brady@nara.gov>; 'dwaine.bacon@nara.gov' <dwaine.bacon@nara.gov>; 'jessica.hartman@nara.gov' <jessica.hartman@nara.gov>; 'daniel.levenson@nara.gov' <daniel.levenson@nara.gov>; 'kimberlee.ried@nara.gov' <kimberlee.ried@nara.gov>
Subject: NARA OIG Audit and OIP Compliance Inquiry. RE_ Immediate FPL Dispute Resolution Freedom of Information Act Request NGC24-130. Records of the FOIA Advisory Committee December 7, 2023 Meeting Participant

Mr. Stern NARA Chief FOIA Officer and FOIA Public Liaison (FPL):

That is not how FPL dispute resolution works. You should know better.

You must address my dispute in its entirety.

Per my request to you for expedited processing:
• I am seeking that NARA address every element and sub-element of my request for expedited processing. NARA must address all elements and to deny expedited processing NARA must reject every element/sub-element.
• NARA’s generalized statement, “After carefully reviewing your request, we do not believe expedition is warranted, as you have not demonstrated that your request meets the above-referenced criteria” does not comport with law.

DOJ OIP Compliance Inquiry and NARA OIG Request for Audit.

Please address above and below.

NARA repeats the exact same wording to every request for expedited processing, never evaluating all elements of such requests.

NARA has the worst FOIA statistics in the federal government. NARA did not PROCESS any requests for expedited processing in FY 2022 despite claiming to have granted 58 and denied 329. NARA does not show any pending expedited processing requests in queue for FY 2022.

nara-fy22.pdf (archives.gov) https://www.archives.gov/files/foia/nara-fy22.pdf

VII.A.
VII.B.
VII.C.
VII.D.
VIII.A.

There is both internal inconsistency in NARA’s FY 2022 data and inconsistency with its FY 2021 Annual FOIA report.
https://www.archives.gov/files/foia/reports/nara-fy21-final.pdf

NARA failed miserably its last FOIA audit in 2017, including then submitting massively false/unreliable FOIA reports. Things have gotten much worse. https://www.archives.gov/files/oig/reports/audit-report-17-AUD-16.pdf

NARA’s quarterly and Annual FOIA Reports are massively false based on written public comments that I have posted.

NARA cannot again submit for FY 2023 a materially false Annual FOIA report, nor can DOJ OIP accept such a knowingly false annual FOIA report based on written public comments alone. (See public comments list attached.).

A NARA OIG audit of FOIA funding and compliance is needed.

FOIA Advisory Committee.

FYSA regarding model determination letters and the requirement to articulate the specific reason for any denial. See PDF attached regarding NARA’s impermissible pattern of practice for all expedited processing denials.

NARA denied my request for expedited processing within minutes of purportedly receiving my request.

Records sought concern the FOIA Advisory Committee.

With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: Gary Stern <garym.stern@nara.gov>
Sent: Thursday, January 25, 2024 11:18 AM
To: perseverance2013@aol.com
Cc: ngc.foia.liaison@nara.gov; foia@nara.gov; joseph.a.scanlon@nara.gov; joseph.scanlon@nara.gov; archivistoftheunitedstates@nara.gov; execsec@nara.gov
Subject: Re: Immediate FPL Dispute Resolution Freedom of Information Act Request NGC24-130. Records of the FOIA Advisory Committee December 7, 2023 Meeting Participant

Dear Mr. Hammond:

Thank you for contacting me, as the FOIA Public Liaison, about the January 16, 2024, denial of your request for expedited processing. I have reviewed your request and the denial letter by Joseph Scanlon, and do not believe that Mr. Scanlon's denial letter was deficient or improper.

As the letter notes, you have the right to file an administrative appeal.

Sincerely,

Gary M. Stern
General Counsel
Chief FOIA Officer and FOIA Public Liaison
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740
301-837-3026 (office)
301-837-0293 (fax)
garym.stern@nara.gov

Provide all responses via MUCKrock.com thereby placing them into public domain.

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Tuesday, January 30, 2024 2:19 PM
To: 'garym.stern@nara.gov' <garym.stern@nara.gov>; 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'FOIA@nara.gov' <FOIA@nara.gov>
Cc: 'perseverance2013@aol.com' <perseverance2013@aol.com>
Subject: FOIA Public Liaison (FPL) Dispute Resolution - NGC24-147
Importance: High

Robert Hammond
January 30, 2024
Gary M. Stern
NARA's General Counsel
8601 Adelphi Road
College Park, MD 20740-6001
301-837-1750 (phone)
301-837-0293 (fax)
garym.stern@nara.gov;
ngc.foia.liaison@nara.gov;
FOIA@nara.gov

Subject: FOIA Public Liaison (FPL) Dispute Resolution - NGC24-147

Gary Stern (NARA FOIA Public Liaison)

I am seeking immediate, written FOIA Public Liaison Dispute Resolution of NARA’s expedited processing denial for the above FOIA request. Records are located at https://www.muckrock.com/foi/united-states-of-america-10/nara-24-cmuck-nara-open-foia-requests-and-appeals-fy-2023-157540/

FPL dispute resolution is not optional – it is mandatory per the FOIA statute- as a non-exclusive alternative to other redress. NARA must engage in the disputes that I identify and not defer to previous determinations as definitive.

I am seeking that NARA address every element and sub-element of my request for expedited processing. NARA must address all elements and to deny expedited processing NARA must reject every element/sub-element.

NARA’s generalized statement, “After carefully reviewing your request, we do not believe expedition is warranted, as you have not demonstrated that your request meets the above-referenced criteria” does not comport with law.

With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate
NARA Unlawful Expedited Processing Pattern or Practice. NARA has the worst FOIA statistics in the federal government. NARA did not PROCESS any requests for expedited processing in FY 2022 despite claiming to have granted 58 and denied 329. NARA does not show any pending expedited processing requests in queue for FY 2022. nara-fy22.pdf (archives.gov) https://www.archives.gov/files/foia/nara-fy22.pdf
VII.A.
VII.B.
VII.C.
VII.D.
VIII.A.
a. There is both internal inconsistency in NARA’s FY 2022 data and inconsistency with its FY 2021 Annual FOIA report. https://www.archives.gov/files/foia/reports/nara-fy21-final.pdf
b. NARA failed miserably in its last FOIA audit in 2017, including submitting massively false/unreliable FOIA reports. Things have gotten much worse. https://www.archives.gov/files/oig/reports/audit-report-17-AUD-16.pdf
c. NARA’s quarterly and Annual FOIA Reports are massively false based on written public comments that I have posted.
d. NARA cannot again submit for FY 2023 a materially false Annual FOIA report, nor can DOJ OIP accept such a knowingly false annual FOIA report based on written public comments alone. (See public comments list attached.).
e. A NARA OIG audit of FOIA funding and compliance is needed.

With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

RECORDS SOUGHT VIA FOIA. Expedited FOIA Request NARA 24-A.A . FOIA Advisory Committee December 7, 2023 Meeting Persons Present See PDF. 1. Records of the FOIA Advisory Committee December 7, 2023 Meeting Participants or persons present, including but not limited to: a) all participants/persons present who registered to participate via WEBEX; b) and all NARA support personnel; c) moderator(s). 2. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied). The definition of “records” includes: “[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).