FOIA News: NASA finalizes FOIA regs

The National Aeronautics and Space Administration published its final FOIA regulations today following a public comment period. The rules are effective immediately.

FOIA News: Courts pushing agencies to accelerate productions

Judges Turn Up Heat on Feds Over Stalled Records Requests

By Megan Mineirof, Courthouse News Serv., Oct. 10, 2019

Tired and frustrated, federal judges are strategically ordering government agencies to pick up the pace in responding to Freedom of Information Act requests to pressure Congress into allocating more funding to offices tasked with releasing records to the public.

“There is this constant tension of wanting to pressure the agencies more … because it is the only way they will allocate the resources,” U.S. District Judge Randolph Moss said in court Thursday.

The frustration Moss admitted — during a status conference to discuss a FOIA request for documents on Supreme Court Justice Brett Kavanaugh in a lawsuit filed by Senate Democrats during his confirmation process — was similarly shared last week by U.S. District Judge Reggie Walton.

Read more here.

FOIA News: Agency reporting deadlines announced

Yesterday the Office of Information Policy announced the following deadlines for agencies to submit their FY2019 annual report and their FY2020 quarterly and chief FOIA officer reports.

FISCAL YEAR 2019 ANNUAL REPORT

November 18, 2019 – Agencies are required to submit their Fiscal Year 2019 Annual FOIA Report to OIP for review and clearance.

FISCAL YEAR 2020 QUARTERLY FOIA REPORTS

January 31, 2020 – Quarter 1 data is required to be posted.
April 24, 2020 – Quarter 2 data is required to be posted.
July 31, 2020 – Quarter 3 data is required to be posted.
October 30, 2020 – Quarter 4 data is required to be posted.

2020 CHIEF FOIA OFFICER REPORTS

January 17, 2020 – Deadline for agencies receiving more than 50 requests in Fiscal Year 2019 to submit their 2019 Chief FOIA Officer Reports to OIP for review and clearance. February 14, 2020 – Deadline for agencies receiving 50 requests or less that choose to report to submit their Chief FOIA Officer Report to OIP. March 9, 2020 – Agencies are required to post their 2020 Chief FOIA Officer Reports online

FOIA News: DOJ completes 2019 update to FOIA Guide

KEY FOIA RESOURCES: 2019 DEPARTMENT OF JUSTICE GUIDE TO THE FREEDOM OF INFORMATION ACT

By DOJ/OIP, FOIA Post, Oct. 7, 2019

The Office of Information Policy (OIP) is pleased to announce the completion of the 2019 Department of Justice Guide to the Freedom of Information Act.  The Guide serves as a comprehensive legal treatise on the FOIA and contains an analysis of key judicial opinions on the FOIA as well as relevant guidance from OIP.  The Guide, OIP's capstone resource, is relied on by both agency personnel and the public for understanding the legal framework for the administration of the FOIA.  As announced in the Department's Open Government Plan version 2.0, over the past few years, OIP has posted individual chapters on a rolling basis to update the now electronic "living document" form of the Guide. 

Read more here.

FOIA News: October 10 is "Ombuds Day"

October 10 will mark the second annual “Ombuds Day,” a day that recognizes the ombudsman profession. The American Bar Association will be hosting a program on October 10 from 5:30pm to 7:30pm at its DC Headquarters. See details here. Earlier that day, NARA’s Office of Government Information Services will celebrate its 10th anniversary as well as Ombuds Day from 2pm to 4pm.

FOIA News: OIP issues Exemption 4 guidance

On October 3, 2019, OIP surreptitiously published a “step-by-step guide“ for adjudicating whether information is confidential for Exemption 4 purposes — that is, the guidance was not referenced in the FOIA Post on its home page. The Exemption 4 section of DOJ’s FOIA Guide references the Supreme Court’s decision in Argus Leader, but does not yet incorporate OIP’s latest guidance.

FOIA News: OIP Director's last day; more FOIA Guide updates

• Congratulations and farewell to Melanie Pustay, who is retiring from the Department of Justice today after leading the Office of Information Policy for the past dozen years. Before becoming Director in 2007, Ms. Pustay served for eight years as OIP’s Deputy Director.

• If you hadn’t noticed, OIP has been updating its online FOIA Guide throughout the year. The most recent sections to be updated are Litigation Considerations (9/25/19) and Procedural Requirements (9/4/19).

FOIA News: Postal Regulatory Commission to amend FOIA regs

The Postal Service Commission intends to revise its FOIA regulation to indicate that requests will be processed through the Office of General Counsel, per a draft Federal Register notice scheduled to be published on October 4, 2019. The rule will be effective 45 days after publication unless “adverse comment” is received within 30 days of publication.

FOIA News: DOJ ordered to produce first batch of Mueller report records by Nov. 1

Sluggish Record Output From Feds Stirs Court’s Ire

By Megan Mineiro, Courthouse News Service, Oct. 1, 2019

A federal judge pushed government lawyers Tuesday to explain why investigative bureau staffing has not grown commensurate with the tidal wave of Freedom of Information Act requests that courts are now enforcing. 

“It seems to me that they are just thumbing their nose at the FOIA statute because we are talking about years down the road,” U.S. District Judge Reggie Walton said this morning at a conference related to requests from BuzzFeed and CNN.

Both outlets have requested extensive records from the FBI related to former special counsel Robert Mueller’s investigation.

Read more here.

FOIA News: OGIS releases compliance assessment of U.S Dep't of Education

Education FOIA Compliance Assessment Report Now Available

OGIS FOIA Blog, Oct. 1, 2019

OGIS’s latest FOIA compliance assessment shows that opportunities exist for the Department of Education’s Chief FOIA Officer to fulfill the statutory duties of ensuring compliance with FOIA and recommending improvements to FOIA implementation.

The Department of Education assessment, the 13th conducted by OGIS, makes seven actionable recommendations for strengthening Education’s FOIA program, which received 3,041 FOIA requests in Fiscal Year 2018. OGIS assessments are based on analysis of FOIA data and applicable documents, direct observation and review of agency FOIA case files, a survey of agency FOIA professionals, and interviews with agency employees and officials.

Read more here.