FOIA Advisor

FOIA News: Follow today's Senate FOIA hearing live; written statements now available

FOIA News (2015-2025)Allan BlutsteinComment

Today's FOIA hearing before the Senate Judiciary Committee is scheduled to begin at 9:30 a.m. and can be followed live here.    

The first panel of witnesses consists of government employees:  Melanie Pustay, Department of Justice;  Nikki Gramian, National Archives and Records Administration; and Joyce Barr, Department of State.  The second panel features representatives of the requester community:  Thomas Blanton, National Security Archive, and Karen Kaiser, Associated Press.  Their written testimony is available here

FOIA News: Government Executive and Federal News Radio address DOJ's annual FOIA report

FOIA News (2015-2025)Allan BlutsteinComment

FOIA Requests Hit Record High in 2014

By Charles S. Clark, Government Executive, May 5, 2015

The Justice Department’s latest summary of all agency Freedom of Information Act activity in fiscal 2014 shows a record number of requests.

 “Agency FOIA offices received a record high 714,231 requests while also facing several other challenges including reduced staffing, tough fiscal times, and a three-week government shutdown during which requests continued to come in when there was no staff available to process them,” Justice’s Office of Information Policy wrote in a report and compilation uploaded onto FOIA.gov.  “Managing these challenges, the government overall was able to process 647,142 requests while continuing to maintain a high release rate of over 91 percent for the sixth year in a row. The government overall also improved its average processing times for simple and complex track requests.”

Read more here

 

FOIA backlog almost doubles within a year

By Sean McCalley, Federal News Radio, May 4, 2015

The backlog of Freedom of Information Act requests grew for the second straight year. But the 70 percent spike in unprocessed FOIA requests easily dwarfs any year-to-year increase over the last half decade.

Between FY 2012 and 2013, the backlog grew by about 23,000 requests, or 32 percent. At the time, it was the largest backlog increase in the past five years.

In its annual FOIA report for fiscal 2014, the Justice Department's Office of Information Policy outlined a severe spike in unprocessed requests that almost doubled the backlog. Between FY 2013 and 2014, the logjam ballooned from a total of 96,000 to 160,000 requests.

Read more here.

Court opinions issued May 1, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Dillon v DOJ (D.D.C.) -- Finding that the FBI "conducted reasonable and adequate searches responsive to the plaintiff’s FOIA requests" concerning terrorists Zacarias Moussaoui and Abderraouf Jdey; further finding that the FBI properly withheld responsive records pursuant to Exemptions 1, 7(A), 7(C), 7(D), and 7(E). 

Related article from Courthouse News Service here.

List of all cases since April 2015 here.

FOIA News: DOJ's Revised FOIA Regulations Effective Today

FOIA News (2015-2025)Allan BlutsteinComment

The Department of Justice's revised FOIA regulations take effect today, ending a rulemaking process that began more than four years ago.  In an announcement last month, DOJ noted that the new regulatory provisions include:   

  • A focus on the role of the Department's FOIA Contacts and FOIA Public Liaisons to assist requesters both before and after a request is made
  • Proactive notification to requesters of which processing track their request falls in and an opportunity for requesters to narrow their requests to fit a faster track
  • Procedures on referrals, consultations and coordinations, which among other things require agencies to provide requesters the name and FOIA contact information of any agency where records are referred
  • An emphasis on good communication practices, which include the Department's commitment to communicate with requesters electronically whenever feasible, as well as other practices that ensure communications are made in the spirit of cooperation called for by the President and Attorney General Holder.

The updated regulations also reduce DOJ's photocopying charges, redefine a "representative of the news media," and incorporate other changes necessitated by the OPEN Government Act of 2008.

Q&A: requesting agency records in New Mexico

Q&A (2015-2025)Allan BlutsteinComment

Q.  Who enforces the FOIA [in New Mexico]?  To what address do you send a second request?  Can a sheriff's office and district attorney ignore it?

A.   Access to records maintained by state and local agencies in New Mexico is governed by the Inspection of Public Records Act (IPRA).  Under the IPRA, executive branch agencies (such as a sheriff's office or local District Attorney's office) have fifteen days to respond to a request for records.  There is no formal administrative appeal procedure.  An individual whose request is denied or who does not receive a timely response may commence a lawsuit in court.  The State of New Mexico's Office of the Attorney General is provided authority through the state constitution to enforce the IPRA, as are local District Attorneys.  For your convenience, here is a link to an IPRA compliance guide authored by the Office of the Attorney General.  For further information, you may contact the Civil Division of the Office of the Attorney General at (505) 827-6070.

FOIA Focus: Mike Bell, FOIA Public Liaison, U.S. Dep't of Health & Human Services

FOIA Focus (2015-2021)Allan BlutsteinComment
                                         &nb…

                                                                                            FOIA Focus: Mike Bell

How long have you been working in the FOIA field?

I first worked with FOIA in 2005 when I became a contractor for the Office of the Secretary of Defense.  I began as a document scanner, but was soon processing FOIA appeals.

When did you start at HHS and how did you find your way there?

I began working at HHS in October 2013.  Previously, I was at the Department of Defense for seven years.  During the financial crisis, I worked as the FOIA Manager for the Department of the Treasury’s Office of Financial Stability.

What are your current job duties?

As the HHS FOIA Public Liaison, I do my best to help requesters when they have issues with the FOIA requests.  I answer their questions, provide updates and will push things along if I can.  My duties also involve a variety of other issues for the HHS OS FOIA Division, such as reviewing responses and formulating policies and procedures.

What is the most common FOIA request you receive?

Most of the requests received by my office seek records regarding HIPAA violations investigated by the HHS Office for Civil Rights.

What is the most unusual FOIA request you have ever seen?

At the Department of Defense, I once received a request stating that God was held prisoner beneath the White House helping the U.S. with its policies. The requester submitted a list of questions he wanted us to ask God.

Of all the FOIA matters you have worked on, which has received the most prominent media coverage? 

I have worked on requests covering the prisoners at Guantanamo and requests regarding the Affordable Care Act.  They both received prominent media coverage.

What do you like and not like about working on FOIA matters?

I enjoy reading about history and current events.  Working on FOIA matters allows me to get first-hand knowledge of both.  I do not like the fact that I can’t respond to every FOIA request immediately.  FOIA workers are sort of the middlemen between requesters and the record holders and we can’t please both.

Which FOIA exemption or privilege do you find to be the most challenging and why?

Like many requesters, I find the (b)(5) deliberative process privilege to be the most challenging because it is not always readily discernible whether the disclosure of agency opinions or advice would likely cause harm. 

Where were you born/grow up?

I was born and grew up in Baltimore, MD.  I am a huge Ravens and Orioles fan.

Where did you go to school and what did you study?  

I attended Furman University in Greenville, SC, where I majored in political science.

Where did you start your professional career and what did you do?

After graduating from college, I joined the Air Force and went to Officer Training School.  I served for nine years, obtained a Secret clearance, and that led to me looking for a defense-related job when I left the military.

What was your first job ever?  What did you like or not like about it?

My first summer job in high school was for the Office of the Maryland Attorney General.  I was hired to spend my summer cleaning and organizing the file room for the Consumer Protection Division.  I liked it because I was left alone to figure out the best way to organize it.

What do you like to do in your spare time?

I am a huge sports fan and enjoy reading and running.  I am also trying to be a better home cook.

If you could meet any historical icon, of the past or present, who would it be and why?

Alexander Hamilton has always been my favorite historical figure.  He was a brilliant man and his contributions to the founding of the United States have always been underrated, even though I think that is changing and he is beginning to get his due.

What are some of your favorite books?   Movies? 

Hemingway is my favorite author, with The Sun Also Rises as my favorite.  I enjoy watching classic movies.  My favorite actors include John Wayne, Errol Flynn and Humphrey Bogart.  My favorite actress of all time is Myrna Loy. I have always loved The Thin Man series.

What are you really bad at that you would love to be better at?

I have zero musical talent, so I always wished I could carry a tune or play an instrument.

Q&A: business proposals submitted to the federal gov't

Q&A (2015-2025)Allan BlutsteinComment

Q.  Can we see the proposals that competed against us, or partial (redacted) proposals under the FOIA?

A.  I am afraid that beyond "maybe," the answer to your question is a long and winding one.  In sum, when the government has received proposals in response to a competitive solicitation, the government may release the successful proposal information if it has been incorporated into the final contract, unless the information is protected from disclosure under Exemption 4 of the FOIA.  The government bears the burden of proving that Exemption 4 applies.  The following article on proposal information will navigate you through the issues involved fairly well.

FOIA News: Judicial Watch sues State Dep't for Hillary Clinton records

FOIA News (2015-2025)Allan BlutsteinComment

Judicial Watch announced today that it filed a Freedom of Information Act lawsuit on April 28, 2015, in the U.S. District Court for the District of Columbia to obtain access to documents pertaining to Hillary Clinton's use of an iPhone or iPad to conduct official business while she was Secretary of State.  

Judicial Watch's press release (with a link to the Complaint) is available here.

Court opinions issued April 29, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Int'l Counsel v. Dep't of Def. et al. (D.D.C.) -- Holding that the FBI had not adequately explained why it searched only its Central Records System in response to plaintiff's requests to multiple agencies concerning certain Guantanamo detainees.  The court denied both parties' motions for summary judgment, however, because it was "not yet convinced that the FBI has not completed a satisfactory search."