FOIA News: OGIS proposes new regulations to carry out FOIA mission

The Office of Government Information Services recently published a proposed rule in the Federal Register setting out new guidance and procedures by which the agency intends to carry out its statutory mission.  OGIS, which is a component of the National Archives and Records Administration, provides mediation services to help resolve disputes between agencies and FOIA requesters.  It also reviews agency FOIA policies and works to improve agency FOIA compliance.  Comments are due by February 27, 2017.

FOIA News: CPSC proposed new FOIA regulations

The Consumer Product Safety Commission published a notice of proposed rulemaking for new FOIA regulations in today's issue of the Federal Register.  The agency indicates that these revisions are necessary to conform to the FOIA Improvement Act of 2016.  Other changes reflect technical revisions. Comments are due by March 20, 2017.

Q&A: Arkansas car wreck

Q.  How do I request under FOIA for the entire file of a car accident that took my son's life?

A.  Records of crash investigations can be obtained from the Arkansas State Police by submitting this form with a payment of ten dollars.  As you may already know, preliminary fatal crash summaries are available online free of charge.  I hope this information is helpful.   

FOIA News: Clinton is "very arguably the biggest FOIA felon of all time," opines former OIP Director

Forget the Hacking, One Decision Likely Cost Hillary Clinton the Presidency

By Dan Metcalfe, Law Newz, Jan. 2, 2017

Just imagine this:  What if, instead of what plagued her during the past two years, Hillary Clinton had actually had no problems whatsoever with her use of electronic mail during her tenure as Secretary of State?  What if there were no “email scandal”at all?  

This really would not have taken much – all Hillary Clinton would have had to do was act like any other Department of State official.  First, when she arrived there, she would have had to begin using an official agency email account, one ending in “state.gov,” for her basic official email communications.  Undersecretary of State for Management Patrick F. Kennedy and his staff would have set this account up for her, as he should have, regardless of her degree of technical proficiency or desire for singular expediency.  And if she was ever forced by exceptional circumstances to use her personal email account for the conduct of some official business, her aides would have routinely retrieved those emails for direct placement on the State Department’s official email system.

Read more here. 

FOIA News: National Endowment for the Humanities issues final FOIA regs

The National Endowment for the Humanities has updated its FOIA regulations to incorporate the changes required by the FOIA Improvement Act of 2016, according to a notice scheduled to be published in the Federal Register on January 3, 2017.  The NEH did not solicit public comments before promulgating these regulations, which become effective on February 2, 2017.  

Q&A: Love thy neighbor?

Q.  I received a violation from the Arlington County [Virginia] Code Enforcement Inspector for debris, junk and miscellaneous items around my property.  A neighbor made a complaint.  I have asked several times about the name of the neighbor who filed the complaint.  This is just to satisfy me.  I have been told that I can file a F.O.I.A form. Please advise me on the next step to take. 

A. All the information needed to make a FOIA request is available on the Arlington County's website.  I doubt, however, that the County will release the identity of the complainant.  The Virginia FOIA specifically exempts the "names, addresses and telephone numbers of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code (§ 36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) made to a local governing body."  Even if that specific exemption does not apply, the complainant's identity is likely to be withheld under other provisions aimed at protecting an individual's privacy and safety.  

Q&A: Another one bites the bus?

Q.  I need to get a copy of the film at the intersection where my car was hit by a transit bus in Albany, NY. The police have confirmed that there is a camera at that intersection and I need the information for the insurance company.

A.  To make a Freedom of Information Law ("FOIL") request for any records maintained by the City of Albany, please see the following instructions from the city's website.  

Court opinions issued Dec. 28 & Dec. 29, 2016

Dec. 29, 2016

Powell v. IRS (E.D. Mich.) -- adopting magistrate's report and recommendation finding that: (1) plaintiff did not exhaust his administrative remedies or follow agency regulations regarding several requests; (2) IRS conducted a reasonable search for responsive records; and (3) IRS was not required to re-release certain records that it previously provided to plaintiff.

Dec. 28, 2016

Braun v. FBI (D. Mont.) -- ruling that FBI properly withheld records of "unspecified investigations" sought by pro se plaintiff pursuant to Exemptions 3 (31 U.S.C. § 5319), 6, 7(C), and 7(E).

Summaries of all opinions issued since April 2015 available here. 

Q&A: Aim high

Q.  I am writing a biography of an individual who served in the USAF for 25 years.  I have a significant piece of his history from his time served in Vietnam but would like to review the remainder of his military history.  Would I be permitted to file a FOIA request for the remainder of his disclosable military history and expect a positive result?  He is not a relative.

A.  If you do not have the written consent of a veteran or his next-of-kin, you may still be able to obtain various information from the veteran's Official Military Personnel File (OMPF) via the Freedom of Information Act.  See examples of releasable information here. 

To submit your request, you'll first need to figure out where to send it, which depends upon the veteran's date of discharge.  See this chart for instructions.  You may submit your request using Standard Form 180 or by a letter that provides the same information requested in the SF-180.    

FOIA News: Nuclear Regulatory Commission issues final FOIA regs

The Nuclear Regulatory Commission has amended its FOIA regulations to incorporate changes made by the FOIA Improvement Act off 2016, according to a notice published in today's Federal Register.  The NRC bypassed the normal notice and comment period, claiming that "good cause" existed for waiver, i.e., comments were either "impracticable, unnecessary, or contrary to the public interest."