FOIA News: Diversity data still pending at Labor

Labor Department Reluctant to Reveal Contractor Diversity Data

• Federal contractors required to report diversity stats to government

• But public not able to see contractor hiring information

By J. Edward Moreno, Bloomberg Law, Oct. 20, 2022

The Labor Department branch charged with enforcing affirmative action rules for federal contractors is working to keep those same companies’ demographic data out of the public eye.

The government argues that the information could potentially hurt the contractors competitively, and that it has a legal requirement to give each of the approximately 15,000 companies a chance to object to an exhaustive Freedom of Information Act request from the Center for Investigative Reporting asking that they turn over the information.

Thousands of contractors collecting over $630 billion in taxpayer dollars each year keep everything from office cafeterias to the military running for the American people, but with virtually no public transparency about how they are faring at hiring and promoting women and minorities.

Read more here.

FOIA News: OGIS, Part 2

Understanding the Office of Government Information Services (part 2/4)

By Office of Gov’t Serv., FOIA Ombudsman, Oct. 19, 2022

In our previous blog post “Understanding the Office of Government Information Services,” we provided a basic overview of  OGIS’s history and structure. In this post we’ll focus on our mediation program.  

How are requests for OGIS assistance handled?

FOIA requesters and agencies may request OGIS’s assistance in resolving a dispute at any point in the FOIA administrative process. OGIS does not take sides in disputes or advocate on behalf of either the requester or agency; the office promotes a fair FOIA process and works with parties to reach a mutually agreeable resolution and/or increase understanding.

Read more here.

FOIA News: D.C. Circuit to hear FOIA case on Oct. 20, 2022

On Thursday, October 20, 2022, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Citizens for Responsibility & Ethics in Wash. v. DOJ, a case in which the requester-appellant disputes the government’s withholding of the identities of suppliers of lethal injection drugs under Exemption 4. A livestream and a recording will be available through the court’s website here.

The underlying decision of the district court is here.

CREW’s opening brief is here.

FOIA News: Chief FOIA Officers Council to meet Nov. 3

The Chief FOIA Officers (CFO) Council will meet remotely on Thursday, November 2, 2022, from 10 AM to 12:30 PM, to provide updates from the Department of Justice, the National Archives, and Council Committees. Members of the public may attend the meeting. See attendance details here.

FOIA News: Air Force denies releasing House candidate's personal info

Air Force Casts Doubt on Politico’s Claim that GOP Candidate’s Sexual Assault Was Public Info

By Isaac School, Nat’l Rev., Oct. 13, 2022

The Air Force has denied that Politico‘s outing of a Republican congressional candidate’s status as a sexual-assault survivor could have been based on documents released as part of a Freedom of Information Act (FOIA) request, despite the publication’s claims otherwise.

Politico’s Adam Wren reported last week that Indiana congressional candidate and Air Force veteran Jennifer-Ruth Green suffered a sexual assault while serving in Iraq, despite Green’s pleas that he refrain from disclosing the details. Wren claimed that the lengthy profile of Green was based on documents obtained through a FOIA request and provided to Politico by a third party.

Read more here.

FOIA News: Happy Bday, OGIS, Part 1

Understanding the Office of Government Information Services (part 1/4)

By Kimberlee N Ried, The FOIA Ombudsman, Oct. 12, 2022

As we at the Office of Government Information Services (OGIS) celebrate our 13th birthday, Ombuds Day, and Mediation Week, we want to provide a refresher and overview of our services and explain a bit more about what we do as a part of the Freedom of Information Act (FOIA) process. Below is some historical information about OGIS along with answers to common questions about how we do our work.

Read more here.

FOIA News: Air Force discloses Congressional candidate’s performance evaluation; identifies her as sexual assault victim

In case you missed it, Politico reported last Friday that Jennifer-Ruth Green, a candidate for the U.S. House in Indiana, had received a poor performance review from the Air Force in 2009, and that she had been a victim of sexual assault. Notably, Politico further reported that it had obtained this information through a third party’s FOIA request to the Air Force. Ms. Green has called foul, asserting that the disclosure was illegal. She appears to have a good case. Absent overriding public interest, performance appraisals of federal officials are routinely withheld on privacy grounds pursuant to Exemption 6. See, e.g., Judicial Watch v. U.S. Dep’t of Commerce, 337 F. Supp. 2d 146, 176-177 (D.D.C. 2004); 5 C.F.R. 293.311(a)(6) (OPM regulation excluding performance appraisals from list of personnel information available to public). The Department of Defense’s privacy policies with respect to its service members have traditionally followed or been more stringent than those of the Office of Personnel Management, particularly after September 11, 2001.

FOIA News: D.C. Circuit to hear FOIA case on Oct. 11, 2022

On Tuesday, October 11, 2022, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Watkins Law & Advocacy, PLLC v. DOJ, which concerns records about veterans who are prohibited from owning firearms.

A livestream and recording will be available on the court’s website here.

A copy of the district court’s relevant decision is here.

FOIA News: DOJ opposes suit against DEA for repeated delays

DOJ Wants Drug-Related FOIA Practices Suit Thrown Out

By Mike Curley, Law360, Oct. 6, 2022

Attorney General Merrick Garland and the Drug Enforcement Agency are asking a Texas federal court to throw out claims that the DEA has a practice of stonewalling Freedom of Information Act requests, saying the complaint doesn't show that the DEA's response to requests about psilocybin were improper. . . .

Read more here (accessible with free trial subscription).

See article about lawsuit here.

FOIA News: OIP hiring FOIA appeals attorney

The Department of Justice’s Office of Information Policy has a vacancy for an attorney-advisor at the GS-12 level to join its administrative appeals staff. The application deadline is October 21, 2022 . See more details here.