Open Letter: Demanding Transparency in CHIPS Act Implementation - A Multi-Agency FOIA Appeal
10/8/2024
Catherine S. Fletcher
Freedom of Information Act Officer
National Institute of Standards and Technology
Re: Appeal for Fee Waiver - FOIA Request #DOC-NIST-2024-000169
Dear Ms. Fletcher,
I am writing to appeal the denial of my fee waiver request for FOIA #DOC-NIST-2024-000169.
After careful consideration of the six factors you outlined, I believe the release of this information is unequivocally in the public interest and will significantly contribute to public understanding of government operations, specifically NIST's implementation of the CHIPS Act's workforce development and equity provisions.
1. Subject Matter: The requested records directly concern "the operations of activities of the government," specifically NIST's implementation of crucial provisions of the CHIPS Act.
2. Informative Value: The disclosure is "likely to contribute" significantly to public understanding of NIST's activities. The White House has issued a FACT SHEET claiming progress on equity in CHIPS Act implementation, yet there is a concerning lack of publicly available evidence supporting these claims.
3. Public Understanding: I plan to disseminate this information widely through articles, social media, and community outreach efforts, contributing to the understanding of the general public.
4. Significance of Contribution: The disclosure will contribute "significantly" to public understanding by providing concrete data on how NIST is fulfilling its legislative mandates, particularly in addressing economic disparities.
5. Commercial Interest: While I have professional interests in AI and workforce development, this specific request is aimed at public accountability and is not for commercial use.
6. Public Interest vs. Commercial Interest: The public interest in understanding NIST's implementation of the CHIPS Act far outweighs any tangential commercial benefit.
The stakes could not be higher. In Newark, New Jersey, the heart-wrenching reality of intergenerational poverty is etched into the lives of its most vulnerable residents. In the South Ward, a staggering 50% of 16-19-year-olds and 33% of 20-24-year-olds are jobless.
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I also want to bring to your attention that this request is part of a broader effort to ensure accountability across multiple agencies involved in CHIPS Act implementation. I have submitted parallel FOIA requests to the Government Accountability Office (GAO) and the Small Business Administration (SBA) regarding their roles and reporting obligations under the Act.
Given the interrelated nature of these agencies' responsibilities, I respectfully request that you copy the following offices on your response to this appeal:
1. FOIA Officer, Government Accountability Office
2. FOIA Officer, Small Business Administration
3. Office of the Inspector General, Department of Commerce
This multi-agency approach is necessary because full public understanding requires a comprehensive view of how different agencies are coordinating to meet the CHIPS Act's mandates.
In light of these factors, I strongly believe this request meets the criteria for a fee waiver. The information sought is likely to contribute significantly to public understanding of government operations and is not primarily in my commercial interest.
I appreciate your reconsideration of this matter and look forward to your response.
Sincerely,
Chinedu Echeruo
cc:
FOIA Officer, Government Accountability Office
FOIA Officer, Small Business Administration
Office of the Inspector General, Department of Commerce