FOIA Advisor

FOIA News (2015-2023)

FOIA News: Using FOIA to Compel Federal Agencies to Prove Claims

FOIA News (2015-2023)Allan BlutsteinComment

Using FOIA to Compel Federal Agencies to Prove Claims

Siri & Glimstad LLP, Bloomberg Law, Aug. 23, 2022

A group of scientists and medical researchers successfully sued the FDA under FOIA to force the release of documents related to licensing of the Pfizer-BioNTech Covid-19 vaccine earlier this year. Siri & Glimstad attorneys, who represent the plaintiffs in the lawsuit, discuss how FOIA can be used to compel government authorities to release data the public can then use to evaluate the veracity of government claims.

Read more here.

FOIA News: Legal status of the Smithsonian

FOIA News (2015-2023)Allan BlutsteinComment

WHY SENATOR GRASSLEY’S SMITHSONIAN FOIA (Freedom of Information Act) REFORM BILLS FAILED

By Julian Raven, EIN News, Aug. 18, 2022

On the floor of the Senate in 2007, Senator Grassley proclaimed that ‘Many people would naturally think that the Smithsonian is subject to FOIA (the Freedom of Information Act) and must comply with requests. I know that I believed it was, especially given that taxpayer funds make up 70 percent of its budget.” Grassley’s confession is the first step in admitting that there is a glaring problem with the Smithsonian Institution. That problem is a crisis of identity, a confusion as to what the Smithsonian Institution’s entity status is. As a result, a legal dilemma has been left untamed, bewitching even the esteemed Senator Grassley and others.

Read more here.

FOIA News: Contractors notified about FOIA request for EEO-1 data

FOIA News (2015-2023)Allan BlutsteinComment

FOIA request prompts feds to ask: Should contractors’ EEO-1 data be made public?

Affected contractors have until Sept. 19 to object to the release of Type 2 Consolidated EEO-1 reports between 2016 and 2020, OFCCP said.

By Ryan Golden, HRDive, Aug. 18, 2022

Federal contractors that would object to the public release of Type 2 Consolidated EEO-1 reports filed between 2016 and 2020 will have 30 days to submit comments to the Office of Federal Contract Compliance Programs, the agency said in a notice released Thursday.

The agency said the notice, scheduled to be published in The Federal Register on Friday, is in response to a Freedom of Information Act request seeking a spreadsheet of all consolidated Type 2 EEO-1 reports for all federal contractors, including “first-tier subcontractors,” from 2016 to 2020.

Read more here.

FOIA News: State Dep't withholds names of Kerry's staff

FOIA News (2015-2023)Allan BlutsteinComment

John Kerry’s office redacted every staffer name in FOIAed correspondence

Kerry's office has been secretive in its operation

The office of Special Presidential Envoy for Climate John Kerry redacted each of the names and emails of their staffers in emails obtained through a Freedom of Information Act (FOIA) request.

Fox News Digital obtained the documents from government watchdog Protect the Public’s Trust (PPT), which revealed the correspondence between Kerry’s office and several recipients, including nearly 20 climate change groups.

PPT was only able to obtain the documents after suing Kerry’s office over unfulfilled FOIA requests. However, the emails have every staffer’s name and email redacted.

Read more here.

FOIA News: Profile of an information data broker

FOIA News (2015-2023)Allan BlutsteinComment

The Family That Mined the Pentagon’s Data for Profit

The Freedom of Information Act helps Americans learn what the government is up to. The Poseys exploited it—and became unlikely defenders of transparency.

By Mark Harris, Wired, Aug 18, 2022

* * *

In the late 1970s, George Posey must have realized that filing paperwork with bureaucrats was a lot easier, and less costly, than trying to talk his way into underground bunkers. Newport Aeronautical Sales epitomizes what Ohio State University law professor Margaret Kwoka calls “information resellers”—companies that submit a stream of Freedom of Information Act requests to US government agencies, then treat the responses as merchandise to unload. Cheap FOIA requests in, valuable data out. Some resellers focus on the Security and Exchange Commission’s financial filings, others on facility inspection reports from the Food and Drug Administration. The Poseys specialized in engineering drawings, technical orders, and manuals for aircraft, most of them from the military.

Read more here.

FOIA News: ICYMI, reimagining OGIS?

FOIA News (2015-2023)Allan BlutsteinComment

Does the government need a FOIA enforcer?

By Justin Doubleday, WFED, Aug. 10, 2022

A federal advisory committee is recommending Congress give a small office at the National Archives and Records Administration the ability to issue binding decisions over Freedom of Information Act request disputes.

Proponents of the recommendation say it will help improve FOIA at a time when public records requests backlogs and denials are on the rise. But the idea also faces pushback, including from the office’s director

Read more here.

[Note: Mr. Blutstein voted on this matter as a member of the FOIA Advisory Commitee]

FOIA News: FOIA contest starts today. Win $100!

FOIA News (2015-2023)Allan BlutsteinComment

In fiscal year 2021, the federal government received a total of 838,164 FOIA requests. How many FOIA requests will federal agencies receive in FY 2022? Send us an email with your best guess. We’ll give away a total of $175 to those closest to the mark.

See official rules below. Good luck!

Contest Official Rules

This FOIA contest is open to all legal residents of the United States. Entrants must be 18 years of age or older as of their date of entry in the contest in order to qualify. This contest is subject to federal, state, and local laws and regulations. Void outside the United States and where prohibited by law.

The contest sponsor is FOIA Advisor, located at P.O. Box 17218, Arlington, VA 22216.

No entrance fee or purchase necessary. Submit entries by email to admin@foiaadvisor.com. Entries must include entrant’s full name. One entry per person. FOIA Advisor will not sell, rent, or lease entrants’ contact information or use it to solicit new subscribers.

Entries will be accepted from August 10, 2022, at 9:00am ET to September 30, 2022, at 11:59pm ET. Entries that are late, incomplete, unreadable, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. FOIA Advisor is not responsible for lost or misdirected entries.

Prizes will consist of Amazon eGift cards. First prize, $100; second prize: $50; third prize, $25. No substitutions, exchanges, refunds or other compensation will be made for any reason, including cancellation of the contest. Winners are responsible for all taxes associated with claiming these prizes.

Winning entries will be the closest to the actual number of FOIA requests received by federal agencies in FY 2022, as reported by the U.S. Department of Justice. If two or more entrants tie for first place, the entire prize pool of $175 will be divided evenly among the first-place winners. If there is one first-place winner and two or more entrants tie for second place, the combined $75 prize pool for second and third place will be divided evenly among the second-place winners. If there are no ties for first and second place and two or more entrants tie for third place, the $25 third prize will be divided evenly among the third-place winners.

Winners will be notified by FOIA Advisor by email in 2023, when the U.S. Department of Justice is expected to publish aggregate FOIA data for FY 2022. Winners have sixty (60) days to reply to FOIA Advisor to claim prizes. In FOIA Advisor’s sole discretion, a winner may be required to forfeit a prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that prize if the winner: (a) is unreachable, (b) declines or cannot accept, receive or use the prize for any reason, or (c) fails to comply with these Official Rules.

By participating in this contest, entrants agree to be bound by these Official Rules and the decisions of FOIA Advisor, which are final and binding in all respects. By entering, each entrant agrees to release, discharge, indemnify and hold harmless FOIA Advisor from and against any claims, damages or liability.

By accepting a prize, a winner agrees and acknowledges that FOIA Advisor may use winner’s name and biographical data in any and all media throughout the universe and in perpetuity for promotional purposes without additional compensation, except where prohibited by law.

This contest is not sponsored, endorsed, administered, or associated with Squarespace, Amazon, or any other commercial or non-profit entity.