UNITED STATES SECURITIES AND EXCHANGE COMMISSION STATION PLACE 100 F STREET, NE WASHINGTON, DC 20549-2465 Office of FOIA Services January 30, 2019 Mr. Paul Gottinger MuckRock News DEPT MR 67352 411A Highland Ave Somerville, MA 02144-2516 Re: Freedom of Information Act (FOIA), 5 U.S.C. § 552 Request No. 19-00948-FOIA Dear Mr. Gottinger: This letter is in reference to your request, dated January 12, 2019, and received in this office on January 14, 2019, for a copy of records documenting the number of new employees hired to work for the U.S. Securities and Exchange Commission, in the years 2015, 2016, 2017 and 2018. You requested a fee waiver of all costs associated with your request. We may waive or reduce search, review, and duplication fees if (A) disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and (B) disclosure is not primarily in the commercial interest of the requester, 5 U.S.C. § 552(a)(4)(iii). We will determine whether disclosure is likely to contribute significantly to the public’s understanding of the operations or activities of the government based upon four factors: • Whether the subject matter of the requested records concerns the operations or activities of the Federal government; • Whether the requested records are meaningfully informative on those operations or activities so that their disclosure would likely contribute to increased understanding of specific operations or activities of the government; Paul Gottinger 19-00948-FOIA January 30, 2019 Page Two • Whether disclosure will contribute to the understanding of the public at large, rather than the understanding of the requester or a narrow segment of interested persons; and • Whether disclosure would contribute significantly to public understanding of government operations and activities. We will determine whether disclosure of the requested records is not primarily in the commercial interest of the requester based on these two factors: • Whether disclosure would further any commercial interests of the requester; and • Whether the public interest in disclosure is greater than the requester’s commercial interest under 17 CFR § 200.80 (g)(12). While SEC grants waivers of FOIA fees where appropriate, we are also obligated to safeguard the public treasury by not granting waivers except as provided by the FOIA. As a requester, you bear the burden under the FOIA of showing that the fee waiver requirements have been met. Based on my review of your request, I determined that your fee waiver request is deficient because it does not provide substantive information relating to any of the six factors. Therefore, I am denying your request for a fee waiver. Based on the information you provided, we classified you in the “media use” fee category. As a member of the news media, you are entitled to search, review, and duplication of the first 100 pages of releasable material, at no cost. However, you are required to pay duplication charges at the rate of $0.15 for each page thereafter, in accordance with our fee schedule. I am the deciding official with regard to this adverse determination. You have the right to appeal my decision to the SEC’s General Counsel under 5 U.S.C. § 552(a)(6), 17 CFR § 200.80(f)(1). The appeal must be received within ninety (90) calendar days of the date of this adverse decision. Your appeal must be in writing, clearly marked "Freedom of Information Act Appeal," and should identify the requested records. The appeal may include facts and authorities you consider appropriate. Paul Gottinger 19-00948-FOIA January 30, 2019 Page Three You may file your appeal by completing the online Appeal form located at https://www.sec.gov/forms/request_appeal, or mail your appeal to the Office of FOIA Services of the Securities and Exchange Commission located at Station Place, 100 F Street NE, Mail Stop 2465, Washington, D.C. 20549, or deliver it to Room 1120 at that address. We are consulting with other SEC staff regarding your request. As soon as we complete our consultation, we will notify you of our findings. If you have any questions, please contact Jason Luetkenhaus of my staff at [email protected] or (202) 551-8352. You may also contact me at [email protected] or (202) 551-7900. You may also contact the SEC’s FOIA Public Service Center at [email protected] or (202) 551-7900. For more information about the FOIA Public Service Center and other options available to you please see the attached addendum. Sincerely, Aaron Taylor FOIA Branch Chief Enclosure ADDENDUM For further assistance you can contact a SEC FOIA Public Liaison by calling (202) 551-7900 or visiting https://www.sec.gov/oso/help/foia-contact.html. SEC FOIA Public Liaisons are supervisory staff within the Office of FOIA Services. They can assist FOIA requesters with general questions or concerns about the SEC’s FOIA process or about the processing of their specific request. In addition, you may also contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA dispute resolution services it offers. OGIS can be reached at 1-877-684-6448 or via e-mail at [email protected]. Information concerning services offered by OGIS can be found at their website at Archives.gov. Note that contacting the FOIA Public Liaison or OGIS does not stop the 90- day appeal clock and is not a substitute for filing an administrative appeal.