USCIS sent me a response on our FOIA

[EkAurAaya]

Originally Posted by needhelp!

http://www.uscis.gov/files/article/FOIAAnnRptFY08.pdf

Number of Backlogged Requests as of End of Fiscal Year: 67,545

FOIA has its own backlog!

LOL - they will set up a BEC for FOIA requests...

Paying money for something that will give us results is fine (although I strongly feel this information should be free for whoever requests - that is the whole point of FOIA), but paying for something that has no commitment from USCIS to any date's is in my view throwing away money for their pizza parties or whatever else they do over there besides work.

[needhelp!]

Section 6: Time Limits for Agencies to Act on Requests Section 6 of the Open Government Act has two provisions that address time limits for complying with FOIA requests, and the consequences of failing to do so. Significantly, this section does not take effect until one year after the date of enactment and will apply to FOIA requests “filed on or after that effective date.” Accordingly, agencies have until December 31, 2008 to take any necessary steps to prepare for the implementation of this Section.
First, section 6(a) of the Open Government Act amends 5 U.S.C. § 552(a)(6)(A) which gives the statutory time period for processing FOIA requests, and includes criteria for when that time period begins to run and when that time period may be suspended or “tolled.” Specifically, section 6(a) provides that the statutory time period commences “on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten days after the request is first received by any component of the agency that is designated in the agency’s regulations under this section to receive requests.” This provision addresses the situation where a FOIA request is received by a component of an agency that is designated to receive FOIA requests, but is not the proper component for the request at issue. In such a situation, the component that receives the request in error – provided it is a component of the agency that is designated by the agency’s regulations to receive requests – has ten working days within which to forward the FOIA request to the appropriate agency component for processing. Once the FOIA request has been forwarded and received by the appropriate agency component – which must take place within ten working days – the statutory time period to respond to the request commences.
Section 6(a) further provides for those circumstances when an agency may toll the statutory time period. Specifically, an agency “may make one request to the requester for information and toll” the statutory time period “while it is awaiting such information that it has reasonably requested from the requester.” The agency may also toll the time period “if necessary to clarify with the requester issues regarding fee assessment.” There is no limit given for the number of times an agency may go back to a requester to clarify issues regarding fee assessments – which sometimes may need to be done in stages as the records are being located and processed. In both situations, section 6(a) specifies that the requester’s response to the agency’s request “ends the tolling period.”
Second, section 6(b) addresses compliance with the FOIA’s time limits by amending 5 U.S.C. § 552(a)(4)(A), the provision addressing fees. Section 6(b) adds a clause to that provision providing that “[a]n agency shall not assess search fees (or in the case of a [favored] requester [i.e., one who qualifies as an educational or noncommercial scientific institution, or as a representative of the news media] duplication fees) . . . if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of (6)(B) and (C), respectively) apply to the processing of the request.”
As noted in the language of the new provision, the terms “unusual circumstances” and “exceptional circumstances” are existing terms in the FOIA. “Unusual circumstances” occur when there is a need to search or collect records from field offices, or other establishments; when there is a need to search for and examine a voluminous amount of records; or when there is a need for consultation with another agency or with more than two components within the same agency. Unlike “unusual circumstances,” “exceptional circumstances” are not affirmatively defined in the FOIA, but the FOIA does provide that “exceptional circumstances” cannot include “a delay that results from a predictable agency workload of requests . . . unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.” 5 U.S.C. § 552(a)(6)(C)(ii). In addition, the statute provides that the “[r]efusal by a person to reasonably modify the scope of a request, or arrange an alternative time frame for processing the request . . . shall be considered as a factor in determining whether exceptional circumstances exist.” Id. at § 552(a)(6)(C)(iii).
Section 6(b) therefore precludes an agency from assessing search fees (or in the case of “favored” requesters, duplication fees), if the agency fails to comply with the FOIA’s time limits, unless “unusual” or “exceptional” circumstances “apply to the processing of the request.”
Finally, section 6(b) amends 5 U.S.C. § 552(a)(6)(B)(ii), which discusses notification to requesters regarding the time limits and the option of arranging an alternative time frame for processing, by directing agencies “[t]o aid the requester” by making “available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency.” This provision incorporates an existing aspect of Executive Order 13,392.
The Department of Justice will be providing guidance to agencies in the near future on section 6.

[simplefun]

We should get 5-10 immigration firms like murthy or AILA to sponsor this research.

[rajarao]

I too got the exact letter. I was annoyed to see they do not know what is the priority date. Now we know the reason for random approvals.

I will be faxing to core, also will contribute for responding as decided by core

[mirage]

I think they came up wit 5K figure just to say F.. off in a gentle way...They never thought that we'll collect 5K and give them. I really think this should be sent out to media and immigration subcommittees, complaining we are paying hefty fees to live in the country on the contrary we are asked for this kind of money to get information which USCIS should have been publishing atleast quarterly...

[conundrum]

Got the letter last week and I am willing to contribute for this cause.

But if we are paying up I think we should find out who has the earliest notice date / number and use that to ask for the info that way we can avoid at least some of the backlog.

Even though I have voted for $25 contribution, wouldn't mind paying more if there is a shortage of funds.

[Openarms]

Got the same letter from USCIS asking for $5000. If they are asking all the people who sent this request the this kind of money... I wonder how much money they are expecting from this "Program Writing" thing??? IV and We all have to question this insane tactics and this needs to be exposed to press and politicians. I don't think Murthy or AILA or some others do any benefit to us it is already proven many times.

[Openarms]

oooohhhhh by the way they never should ask money for this public service. They are just playing with us. There are similar things happened with USCIS and they got strong and angry reply from congress in the past. That is why we collectively need to contact congress...I wonder why IV is not forth forward in this effort from the gecko???