FOIA News: Communicate plainly (but not like a child)

FOIA Communication: Keep it Simple!

Office of Gov’t Info. Serv., FOIA Ombudsman, Feb. 1, 2023

Plain language has long been an interest of ours as we have observed that clear, concise and well-organized correspondence smoothes the FOIA process for all. After we put plain language on our 2022 holiday wish list, we’re pleased that the Center for Plain Language included FOIA webpages in its 11th annual Report Card on how well agencies follow the 2010 Plain Writing Act. 

The nonprofit group graded the “contact us” and main FOIA request pages for 21 agencies, including all 15 Cabinet-level departments.

Read more here.

FOIA News: DC Circ. Revives FOIA Suit Seeking Execution Drug Info

DC Circ. Revives FOIA Suit Seeking Execution Drug Info

By Micah Danney, Law360, Jan. 31, 2023

The D.C. Circuit found Tuesday that the U.S. Bureau of Prisons wrongly refused to reveal the names of suppliers of a lethal injection drug to the nonprofit group Citizens for Responsibility and Ethics in Washington, reversing a lower court's ruling that their identities were protected commercial information.

Read more here (subscription).

FOIA News: More annual reports

On January 24, 2023, we posted more than two dozen agency FOIA reports for fiscal year 2022. Below are several more reports that we have located over the past week.

• U.S. Postal Service (received 20 percent fewer requests than in FY 2021)

• National Council on Disability (received only 16 requests)

• Office of Government Ethics

• National Endowment for the Humanities (received only 48 requests)

• U.S. Institute for Peace (received only 4 requests)

• Americorps (received only 48 requests)

• Federal Communications Commission

• Privacy and Civil Liberties Board (received only 41 requests)

FOIA News: Former President Trump Submitted Multiple FOIA Requests to IRS

SCOOP: Trump filed #FOIA requests w/IRS on June 14 & 28, 2019 seeking a wide-range of docs about IRS's behind-the-scenes deliberations over releasing his taxes to Congress

He said he was willing to pay up to $30K

I FOIA'd Trump's FOIAs

w/@laurapdavison https://t.co/X2vcxW5uks pic.twitter.com/6cQeniQ8Mq

— Jason Leopold (@JasonLeopold) January 30, 2023

wtf @IRSnews. https://t.co/aeA1RgeDvB pic.twitter.com/lZ6CoRe6KS

— FOIA Nate📄 (@FOIANate) January 30, 2023

FOIA News: 2nd Circ. Rules ICE Must Help ACLU Track Immigration Cases

2nd Circ. Rules ICE Must Help ACLU Track Immigration Cases

By Brian Steele, Law360, Jan. 26, 2023

U.S. Immigration and Customs Enforcement must give the American Civil Liberties Union a digital key for tracking individual cases in a voluminous set of spreadsheets that the agency turned over in response to a Freedom of Information Act request, or reorganize the data and send it again, the Second Circuit held Thursday in a ruling that sets new precedent.

Read more here (subscription).

FOIA News: 2022 annual FOIA reports

Federal agencies are required to post their fiscal year 2022 annual reports by March 1, 2023. Several agencies are ahead of the curve. We’ll post more reports as they become available.

• Department of Agriculture (status quo; 17k requests received and processed)

• U.S. Commission on Civil Rights

• National Science Foundation (nice cover page)

• Office of Management & Budget (very slow processing times)

• General Services Administration

• Federal Reserve System (low backlog)

• U.S. Agency for International Development

• U.S. Trade Representative

• Pension Benefit Guaranty Corporation

• Federal Election Commission

• Commodity Futures Trading Commission

• Nuclear Regulatory Commission

• Securities and Exchange Commission ($7 million processing costs; collected only $5k processing fees)

• Millennium Challenge Corporation (only 21 requests received)

• National Aeronautics and Space Administration

• Federal Mine Safety and Health Review Commission

• Court Services and Offender Supervision Agency

• National Indian Gaming Commission (only 48 requests received)

• Federal Financial Institutions Examination Council (only 12 requests received)

• National Transportation Safety Board

• Tennessee Valley Authority

• Udall Foundation (only 3 requests received)

• Social Security Administration (collected $186k processing fees)

• Export-Import Bank

• Farm Credit System Insurance Corporation (misnamed “FY 2023”; only 18 requests received)

• Federal Trade Commission

• Postal Regulatory Commission (only 45 requests received)

• Selective Service System (only 48 requests received)

FOIA News: Update on Air Force’s FOIA screw-up

'SMEAR MACHINE': Indiana Republican sounds off after Air Force admits to 'unauthorized release' of her records

The Air Force told Fox News Digital it takes 'full responsibility' for the improper release of Green's records

By Kyle Morris, Fox News, Jan. 19, 2023

EXCLUSIVE: Former Indiana GOP congressional candidate Jennifer-Ruth Green says she feels "vindicated," yet "frustrated," after the Air Force admitted in a letter sent to her Wednesday that her military personnel records – the source of a pre-election Politico story that documented details about her sexual assault during her service in the branch – were released to a third party "without proper redaction."

Read more here.

FOIA News: IRS Beats Microsoft's FOIA Suit Over 15-Year Audit

IRS Beats Microsoft's FOIA Suit Over 15-Year Audit

By Natalie Olivo, Law360, Jan. 19, 2023

The IRS adequately searched for documents on its 15-year audit of Microsoft while justifying exemptions to disclosure requirements for withheld files, a Washington federal judge ruled, tossing the tech giant's case seeking records under the Freedom of Information Act.

Read more here (subscription).

FOIA News: Fifth Open Government National Action Plan Issued

Fifth Open Government National Action Plan Issued

Dep’t of Justice, OIP Blog, Jan. 18, 2023

The U.S. Government recently issued the Fifth Open Government National Action Plan containing several commitments to increase the public’s access to data to better advance equity, engage the public in the regulatory process, make government records more accessible to the public, and improve the delivery of government services and benefits, among other areas.  The plan was developed through public engagement with hundreds of participants and consideration of written public comments.   

The Office of Information Policy is pleased to be leading work on multiple commitments related to strengthening access to government information through the Freedom of Information Act (FOIA).  Building on its work to implement the Attorney General’s March 2022 FOIA Guidelines, the Department commits to further bolstering openness and transparency by:

1. Issuing an updated FOIA Self-Assessment Toolkit to reflect additional milestones for proactive disclosures, use of technology, and requirements of the Attorney General’s new FOIA Guidelines.

2. Leading the development of shared FOIA business standards to make it easier for agencies to acquire technology and, in turn, improve efficiency and consistency in processing FOIA requests.

3. Developing an interactive tool to help the public more easily locate records online or find the right agency to submit their FOIA requests when information is not already posted. 

You can read the White House press release here and visit https://open.usa.gov/ for information on the U.S. Government’s Open Government work as well as for future opportunities for engagement and feedback.  Continue to follow FOIA Post for updates on the above FOIA initiatives.

Read the original post here.

FOIA News: OIP Accepting Nominations for 2023 Sunshine Week FOIA Awards

OIP Now Accepting Nominations for the 2023 Sunshine Week FOIA Awards

Dep’t of Justice, OIP Blog, Jan. 2023

The Department of Justice, Office of Information Policy (OIP) is pleased to announce that nominations are open for the 2023 Sunshine Week FOIA Awards, recognizing the contributions of FOIA professionals from around the government.  As the Attorney General recognized in his FOIA Guidelines issued in March 2022, “[t]he federal government could not process the hundreds of thousands of FOIA requests that are received every year without its dedicated FOIA professionals.”  Agency FOIA professionals are at the center of ensuring successful FOIA administration and we look forward to celebrating the work of these individuals from around the government.  For this year’s event, OIP is seeking nominations for five categories of awards:

• Exceptional Service by a FOIA Professional or Team of FOIA Professionals

• Outstanding Contributions by a New Employee

• Exceptional Advancements in IT to Improve the Agency’s FOIA Administration

• Exceptional Advancements in Proactive Disclosure of Information

• Lifetime Service Award

Nominations can be submitted by agencies or by a member of the public.  All nominations are due to OIP by Wednesday, February 15.

Awardees will be recognized during the Department’s 2023 Sunshine Week event on March 13th.

For more information, including submission guidelines, read here.