FREEDOM OF INFORMATION ACT REQUEST

 

December 27, 2011 A.D.

 

Disclosure Officer

U.S. Office of Personnel Management

FOIA Requester Service Center

1900 “E” Street, N.W., Room 5415

Washington 20415-7900

DISTRICT OF COLUMBIA, USA

 

Subject:  Freedom of Information Act (“FOIA”) Request

 

Dear Disclosure Officer:

 

This is a request under the Freedom of Information Act.  I request that a true and correct copy of the following documents be provided to Me, without delay:

 

(1)     Regulations implementing the Federal statute at 5 U.S.C. 3331 as duly published in the Federal Register and/or the Code of Federal Regulations but not otherwise listed in the Parallel Table of Authorities and Rules revised January 1, 2011 (see attached);

 

(2)     materials submitted in compliance with 5 CFR 1320.5 to the Director of OMB for review of the Office of Personnel Management (“OPM”) Standard Form 61 APPOINTMENT AFFIDAVITS as revised in June 1996 and August 2002 (copies attached), including but not limited to:

 

(a)     the certification required under 5 CFR 1320.9;

 

(b)     the proposed collection of information;

 

(c)     the explanation for the decision that it would not be appropriate for the proposed collection of information to display an expiration date;

 

(d)     the statement indicating that the proposed collection of information involves the use of automatic, electronic collection techniques;

 

(e)     pertinent statutory authority, regulations, and such related supporting materials as OMB may have requested;

 

(f)     the notice published in the Federal Register as required by 5 CFR 1320.5(a)(1)(iv);

 

(g)     OMB’s approval of the proposed collection of information including either the control number obtained from the Director to be displayed upon the collection of information, or evidence of the Director’s decision to permit the collection of information to be used after June 1996 without a control number.

We incorporate as an essential part of this FOIA Request, all of the following relevant excerpts from the Code of Federal Regulations implementing the Paperwork Reduction Act, to wit:

 

[A]n agency shall not conduct or sponsor a collection of information unless ... the collection of information displays a currently valid OMB control number.  5 CFR 1320.5(b)(1)

 

In the case of forms ... sent or made available to potential respondents in an electronic format, the agency places the currently valid OMB control number ... on the first screen viewed by the respondent.  5 CFR 1320.5(b)(2)(ii)(B)

 

[A]n agency shall not conduct or sponsor a collection of information unless ... the agency informs the potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.  5 CFR 1320.5(b)(2)(i)

 

OMB will consider necessary any collection of information specifically mandated by statute ....  5 CFR 1320.5(e)(1)

 

An agency may not make a substantive or material modification to a collection of information after such collection of information has been approved by OMB, unless the modification has been submitted to OMB for review and approval under this Part.  5 CFR 1320.5(g)

 

OMB shall not approve any collection of information for a period longer than three years.  5 CFR 1320.10(b)

 

Agencies shall provide copies of the material submitted to OMB for review promptly upon request by any person.  5 CFR 1320.14(b)

 

Any person may request OMB to review any collection of information conducted by or for any agency to determine if, under this Act and this part, a person shall maintain, provide, or disclose the information to or for the agency.  Unless the request is frivolous, OMB shall, in coordination with the agency responsible for the collection of information:

 

(1)     Respond to the request within 60 days after receiving the request, unless such period is extended by OMB to a specified date and the person making the request is given notice of such extension;  and,

 

(2)     Take appropriate remedial action, if necessary.  5 CFR 1320.14(c)

I request a waiver of all fees for this request.

 

Disclosure of the requested information to Me is in the public interest, because it is likely to contribute significantly to public understanding of the operations and activities of the Federal government, and is not primarily in My commercial interest.

See also 5 U.S.C. 552(a)(4)(B).

 

If you are not the correct person to whom this FOIA request should be directed, please forward it without delay to the correct person(s).

 

 

Thank you for your consideration of this FOIA request.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, Criminal Investigator and

Federal Witness:  18 U.S.C. 1510, 1512-13, 1964(a)

http://www.supremelaw.org/decs/agency/private.attorney.general.htm

 

All Rights Reserved without Prejudice

 

U.S. Mail:

 

      Paul Andrew Mitchell, B.A., M.S.

  c/o Lake Union Mail

      117 East Louisa Street

      Seattle 98102-3203

      WASHINGTON STATE, USA

 

Attachments

 

Copy:  U.S. Marshals, Judicial Security, Seattle, Washington State

 

[See USPS Publication #221 for addressing instructions.]