FOIA Advisor

FOIA News (2024)

FOIA News: After years of silence, OGIS publicly torpedoes the term "Glomar"

FOIA News (2024)Allan BlutsteinComment

On January 25, 2024, the Office of Government Information Services launched a stealth attack on the use of the term “Glomar,” posting on its blog, the FOIA Ombudsman, that it hoped agencies would “retire the term” following the federal FOIA Advisory Committee’s recommendation to do so in 2022.

Notably, although OGIS chairs the FOIA Advisory Committee and may comment and vote on proposed recommendations, it said nothing about this issue during the two public committee meetings at which it was discussed: Dec. 9, 2021 (transcript), and Mar. 10, 2022 (transcript with vote). According to the transcript minutes of the former meeting, OGIS reportedly provided input about “Glomar” to the sponsors of the recommendation. The substance of OGIS’s comments has never been officially released, however. By contrast, the Department of Justice was forthright in the meetings about its disagreement with the recommendation, and four committee members—including yours truly—voted against it. DOJ abstained from voting, as is its practice. No vote was recorded for OGIS, whose director missed the March 10, 2022 meeting.

The committee’s non-unanimous recommendation was approved by the Archivist of the United States. It remains pending at the Department of Justice (where it should die).

FOIA News: OIP solicits nominees for Sunshine Week awards

FOIA News (2024)Allan BlutsteinComment

OIP Now Accepting Nominations for the 2024 Sunshine Week FOIA Awards

By DOJ/OIP, FOIA Post, Jan. 23, 2024

The Department of Justice, Office of Information Policy (OIP) is pleased to announce that nominations are open for the 2024 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:

Read more here.

FOIA News: Hear ye! Hear ye!

FOIA News (2024)Allan BlutsteinComment

The U.S. Supreme Court will hear oral arguments today in two companion (non-FOIA) cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, each of which challenge the Chevron doctrine. We mention this because FOIA Advisor’s own Ryan Mulvey represents the appellants in the former case and has a ringside seat at counsel’s table this morning. Congratulations, Ryan!

Listen to the arguments in real time here.

Court opinion issued Jan. 8, 2024

FOIA News (2024)Allan BlutsteinComment

Kayll v. DHS (D.D.C.) -- ruling that U.S. Customs & Border Protection did not possess or control records in a State Department database relating to visa applications, even though CBP inputted information into that database about plaintiff; in reaching its decision, the court noted its concern that a contrary ruling would allow requester to circumvent the confidentiality provisions of 8 U.S.C. § 1202(f).

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.

FOIA News: HUD Refuses To Release Secretary Marcia Fudge's Email Address

FOIA News (2024)Kevin SchmidtComment

HUD Refuses To Release Secretary Marcia Fudge's Email Address in Response to Reason FOIA Request

By C.J. Ciaramella, Reason, Jan. 9, 2024

Want to know Department of Housing and Urban Development (HUD) Secretary Marcia Fudge's government email address? Too bad, it's a secret.

In response to a Freedom of Information Act (FOIA) request from Reason, HUD released a list of email addresses for all political appointees—with two exceptions. The agency redacted HUD Secretary Marcia Fudge and Deputy Secretary Adrianne Todman's addresses, citing an exemption from releasing any records that would "constitute a clearly unwarranted invasion of personal privacy."

Read more here.

FOIA News: Agencies Not Keeping Up with FOIA Requests, Report Shows

FOIA News (2024)Kevin SchmidtComment

Agencies Not Keeping Up with FOIA Requests, Report Shows

By Staff, FEDweek, Jan. 3, 2024

A backlog of Freedom of Information Act requests pending at federal agencies “continues to persist, indicating that agencies are not keeping pace with the number of requests received” despite increasing use of exemptions that allow agencies to simply deny requests, the Congressional Research Service has said.

The backlog grew from about 131,000 to about 207,000 over fiscal 2018-2022, it said, despite 2014 recommendations from a special advisory committee of the National Archives and Records Administration to address backlog issues such as including FOIA performance standards in employee appraisals, centralizing FOIA request processing, and adding support staff.

Read more here.


FOIA News: “AI is in everything these days”

FOIA News (2024)Allan BlutsteinComment

FOIA, AI and the State Department

State Department pilots AI FOIA decision-making

By Max Eichelberger, Maximum Disclosure, Jan 2, 2024

I try to keep the substack on a few distinct topics: FOIA litigation, historically significant disclosures, and even a few practice pointers. AI is not one the subjects, but AI is in everything these days. Recently, the subject of AI came up at the Chief FOIA Officers Council meeting.

Read more here.