telephone fax web 1775 Massachusetts Avenue, NW Washington, DC 20036 202.797.6000 202.797.6004 brookings.edu June 12, 2017 Federal Bureau of Investigation Attn: FOI/PA Request Record/Information Dissemination Section 170 Marcel Drive Winchester, VA 22602-4843 Fax: (540) 868-4391/4997 Re: Freedom of Information Act Request Dear FOIA Officer: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, I hereby request that your office produce, within 20 business days, the following records (see below for clarity on the types of records sought): 1. Records containing or summarizing data from the results of any item in the Annual Employee Survey rating FBI Senior Leadership, including, but not limited to the aggregate scores for any such item. This request also includes any records comparing the results of any Annual Employee Survey question concerning FBI Senior Leadership over time. The timeframe for this request is January 1, 2013, until the date that a search is conducted for records responsive to this FOIA request. 2. Records containing or summarizing data from the results of any item in the Annual Employee Survey rating satisfaction or agreement with the FBI Director’s Vision, including, but not limited to aggregate scores for any such item. This request also includes any records comparing the results of any Annual Employee Survey question concerning the FBI Director's Vision over time. The timeframe for this request is January 1, 2013, until the date that a search is conducted for records responsive to this FOIA request. 3. In addition to the records requested above, I also request records describing the processing of this request, including records sufficient to identify search terms used and locations and custodians searched and any tracking sheets used to track the processing of this request. If your agency uses FOIA questionnaires or certifications completed by individual custodians or components to determine whether they possess responsive materials or to describe how they conducted searches, I also request any such records prepared in connection with the processing of this request. FEE WAIVER FOIA provides that any fees associated with a request are waived if “disclosure of the information is in the public interest because it is likely to contribute significantly to public telephone fax web 1775 Massachusetts Avenue, NW Washington, DC 20036 202.797.6000 202.797.6004 brookings.edu understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii). I am the Editor-in-Chief of Lawfare, an online publication dedicated to informing public understanding on operations and activities of the government. Lawfare is published by The Lawfare Institute, a 501(c)(3) not-for-profit educational organization, and in cooperation with The Brookings Institution, a 501(c)(3) nonprofit public policy organization. This request is submitted in connection with Lawfare’s mission to publish information that is likely to contribute significantly to the public understanding of executive branch activities related to law and national security. Lawfare does not have commercial interests. In addition to satisfying the requirements for a waiver of fees associated with the search and processing of records, I am entitled to a waiver of all fees except “reasonable standard charges for document duplication.” 5 U.S.C. § 552(a)(4)(A)(ii)(II). Federal law mandates that fees be limited to document duplication costs for any requester that qualifies as a representative of the news media. Id. Lawfare is a “news media organizations.” Its purpose is to “gather information of potential interest to a segment of the public, use its editorial skills to turn the raw materials into distinct work, and distribute that work to an audience.” Nat’s Sec. Archive v. Dep’t of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989). We intend to give the public access to documents transmitted via FOIA on our website, https://www.lawfareblog.com, and to provide information about and analysis of those documents as appropriate. RESPONSIVE RECORDS We ask that all types of records and all record systems be searched to discover records responsive to our request. We seek records in all medium and format. This includes, but is not limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for meetings, calls, teleconferences, or other discussions responsive to our request; voicemails; emails; e-mail attachments; talking points; faxes; training documents and guides; tables of contents and contents of binders; documents pertaining to instruction and coordination of couriers; and any other materials. We ask that you search all systems of record, including electronic and paper, in use at your agency. We also ask that you search files or emails in the personal custody of your employees, such as personal email accounts, as required by FOIA and to the extent that they are reasonably likely to contain responsive records. We would prefer records in electronic format, saved as PDF documents, and transmitted via email or CD-ROM. If you make a determination that any responsive record, or any segment within a record, is exempt from disclosure, we ask that you provide an index of those records at the time you transmit all other responsive records. In the index, please include a description of the record and the reason for exclusion with respect to each individual exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a record exempt, we ask that the remainder of the record to be provided, as required by 5 U.S.C. § 552(b). Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or answering questions about our request. Please contact me by phone or email if you require any additional information. I appreciate your cooperation, and look forward to hearing from you very soon. telephone fax web Sincerely, /s/ Benjamin Wittes Benjamin Wittes Senior Fellow in Governance Studies, The Brookings Institution Editor in Chief, Lawfare 1775 Massachusetts Ave NW Washington D.C. 20036 Phone: (202) 797- 4368 benjamin.wittes@gmail.com 1775 Massachusetts Avenue, NW Washington, DC 20036 202.797.6000 202.797.6004 brookings.edu