1775 Massachusetts Avenue, NW Washington, DC 20036 telephone 202.797.6000 fax 202.797.6004 web brookings.edu April 5, 2018 Federal Bureau of Investigation Attn: FOI/PA Request Record/Information Dissemination Section 170 Marcel Drive Winchester, VA 22602-4843 (540) 868-4391/4997 (fax) Re: Freedom of Information Act Request Dear sir or madam: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, we hereby request that your office produce, within 20 business days, the following records (see below for clarity on the types of records sought): 1. Any documents reflecting the results of Federal Bureau of Investigation (FBI) Field Office and Headquarters Climate Survey for 2018. We understand the survey was administered between February and March 2018. You have disclosed the results of Climate Surveys for prior years on https://vault.fbi.gov/.1 We are requesting the same type of documents for the 2018 survey. 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 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). We are the Editor-in-Chief and Senior Editor 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. The full URL where the results of the prior years’ Climate Surveys are made public is: https://vault.fbi.gov/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey% 20Results/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey%20Results %20%282017%29/view. 1 1 In addition to satisfying the requirements for a waiver of fees associated with the search and processing of records, we are 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 organization[]” that “gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.” Nat’l 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. 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. We ask that you search for records from all components of the FBI that may be reasonably likely to produce responsive results. 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 be provided, as required by 5 U.S.C. §§ 552(a)(8)(A)(ii) & 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. We appreciate your cooperation, and look forward to hearing from you very soon. Sincerely, /s/ Benjamin Wittes Benjamin Wittes Senior Fellow in Governance Studies, The Brookings Institution Editor in Chief, Lawfare 2 1775 Massachusetts Ave., N.W. Washington, D.C. 20036 (202) 797-4368 (phone) benjamin.wittes@gmail.com /s/ Scott R. Anderson Scott R. Anderson Fellow in Governance Studies, The Brookings Institution Senior Editor, Lawfare 1775 Massachusetts Ave., N.W. Washington, D.C. 20036 (202) 797-6090 (phone) sanderson@brookings.edu 3