The Heritage Foundation’s Reckless Misuse of FOIA to Target Individuals

The Heritage Foundation’s current public records campaign is an abuse of the FOIA process. In recent years, the Heritage Foundation’s Oversight Project and its publishing spinoff, The Daily Signal, have filed an unprecedented and overwhelming number of FOIA requests – 65,000 according to Reuters and more than 50,000 according to ProPublica. Esquire magazine https://www.esquire.com/news-politics/politics/a62513971/heritage-foundation-foia-requests/ described the volume of requests as “spamming the federal government”.According to the articles, https://www.propublica.org/article/have-government-employees-mentioned-climate-change-voting-or-gender-identity-the-heritage-foundation-wants-to-know ; https://www.reuters.com/world/us/conservative-think-tank-targeting-nasa-employees-communications-about-musk-trump-2024-10-04/ the goal of the requests is to scrutinize government employees’ communications, to identify (for example, individuals using keywords or phrases such as “climate change”, “reduction in force” or DEI) and potentially remove civil servants perceived as obstructive to Donald Trump’s agenda, in preparation for a potential Trump administration.

FOIA is a crucial tool for ensuring government transparency and accountability, but the volume, nature, and scope of these requests raise significant concerns. Numerous public interest and advocacy groups such as American Oversight, POGO, CREW, TRAC, PEER, the Center for Biological Diversity, Democracy Forward Foundation, Judicial Watch, and the American Center for Law and Justice, and countless news organizations, regularly file FOIA requests to report on matters of public importance. However, the Heritage Foundation’s requests, taken en masse, are designed instead to target individual people; and not just specific individuals they could argue they need information on, but categories of people who are not yet known to them. In other words, this has all the attributes of a witch hunt. It’s appalling, it’s irresponsible, and it seems nothing less than an abuse of the FOIA process.

Such massive fishing expeditions are designed to target individual government employees and to unearth potential political enemies to be rooted out in a future Administration. This undermines the utility of the FOIA process and threatens the integrity of the Civil Service system. These broad, indiscriminate requests amount to a paper carpet-bombing campaign, overwhelming agencies, diverting resources from legitimate inquiries, and significantly delaying responses to other requesters, including journalists, researchers, and private citizens. This misuse of FOIA not only burdens agencies but also undermines the Act itself, compromising its core purpose of promoting transparency and accountability. Such actions could provide agencies with ammunition to argue to Congress that it should place obstacles to FOIA requests.

The nature of these FOIA requests casts a shadow over the Heritage Foundation’s credibility, and detracts from its founding purpose of acting as an independent conservative watchdog. Requests such as those noted below suggest that it has compromised its autonomy and independence to serve a partisan political agenda. This loss of independence is disheartening, as it veers from the organization’s founding purpose to promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.

Furthermore, such requests may belong within a different fee category than “representative of the news media”, or raise questions of whether large groups of similar requests should be aggregated for fee purposes. While agencies have long misapplied fees to stymie public records requests, in this instance the issues of fee categorization and aggregation are valid for agencies to consider.

What the Reuters and ProPublica pieces omitted was the exact nature of the Heritage FOIA requests. It is necessary to see the requests in order to be able to put them into context.

Below are examples of requests submitted by Colin Aamot of The Daily Signal, and Mike Howell and Roman Jankowski of the Heritage Foundation’s Oversight Project. These requests have been submitted to nearly every federal agency and every agency component, with 744 requests to the Department of Interior alone, another 192 requests to NASA, and on and on, often seeking similar records from dozens of named staff members and political appointees within each agency.

Examples of Heritage Foundation FOIA Requests to All or Most Federal Agencies

Documents sufficient to account for all lists, trackers, or summaries of: records or documents that have been requested three times or more under FOIA, or that have become or are likely to become the subject of subsequent request, in line with guidelines issued by the Attorney General on 15 March, 2022. Documents necessary to determine if any frequently requested documents falling within the guidelines set forth by the Attorney General on March 15, 2022 have already been made available either in the agency’s FOIA reading room or in a public location. Documents sufficient to account for any agency policies or memorandums on tracking frequently requested documents that would reasonably fall under the cited guidelines.

Documents sufficient to account for all agency policies, memorandums, or directives pertaining to gender identity, or the implementation of Executive Order 1398: ‘Preventing And Combating Discrimination On The Basis Of Gender Identity Or Sexual Orientation’. Please limit the time frame of the search from January 20, 2021, to present.

Documents sufficient to account for any documents, records, or inventories pertaining to Sensitive Case Reports (SCRs), or analogous document inventories, which encompass comprehensive details concerning subjects, keywords, or areas of sensitivity pertaining to Freedom of Information Act (FOIA) or Mandatory Declassification Review (MDR) requests, thereby facilitating the monitoring of FOIA or MDR requests that may be deemed sensitive or prone to garner media or congressional scrutiny. Please limit the timeframe of the search from January 20, 2021 to present.

Copy of the agency’s intranet home page, a copy of the agency’s intranet sitemap page (such as containing an internal reference of intranet pages or directories), and subsequently, a copy of each page connected to from the agency’s intranet homepage. To further narrow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. The terms “pertaining to,” “referring,” “relating,” or “concerning” with respect to any given subject means anything that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any manner whatsoever pertinent to that subject. The term “record” means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, instructions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intra-office communications, electronic mail (emails), MMS or SMS text messages, instant messages, messaging systems (such as iMessage, Microsoft Teams, WhatsApp, Telegram, Signal, Google Chat, Twitter direct messages, Lync, Slack, and Facebook Messenger), contracts, cables, telexes, notations of any type of conversation, telephone call, voicemail, meeting or other communication.

Documents or data sufficient to account for the total number of full time and part time employees or contractors assigned to the agency’s Freedom of Information Act Office, and the total number of employees employed by the agency (latest available number).

Documents sufficient to account for all sole sourced contracts issued by the agency under 5 million dollars (USD), and the relied upon documentation and supplemental materials in awarding the sole source contracts – including, but not limited to: sole source justifications, approval paperwork and designated approving authority, any supplemental documentation in support of a sole source determination.

Documents sufficient to account for all contracts, agreements, policies, procedures, manuals, memorandums, memorandums of understanding (MOU’s) or directives pertaining to unions or labor unions. Documents sufficient to account for the number of employees included in any labor contracts, agreements, or memorandums of understanding (MOU’s).

Copies of all implementing directives, orders, memorandums, policies, guidance, or memorandums of understanding (MOUs) pertaining to Executive Order 14052 (E.O. 14052): Implementation of the Infrastructure Investment and Jobs Act. Subsequently (in relation to E.O. 14052), all directives, orders, memorandums, policies, guidance, or memorandums of understanding (MOUs), or contracts pertaining to the Infrastructure Implementation Task Force, Justice40 Initiative, or mentioning ‘environmental justice’. Please limit the timeframe of the search from November 15, 2021 to present.

Copies of all implementing directives, orders, memorandums, policies, guidance, or memorandums of understanding (MOUs) pertaining to Executive Order 14008 or (E.O. 14008): Tackling the Climate Crisis at Home and Abroad. Subsequently, all directives, orders, memorandums, policies, guidance, memorandums of understanding (MOUs), or agency implementing instructions pertaining to ‘climate change’, ‘climate risk’, ‘climate policy’, or ‘environmental justice’. Please limit the search from January 27, 2021 to present.

All written correspondence exchanged between any State(s) and the Agency concerning the designation of the Agency as a voter registration agency, pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act. Any and all documents that pertain to the formalization or execution of the designation of the Agency as a voter registration agency, pursuant to the requirements of section 7(a)(3)(B)(ii) of the National Voter Registration Act.

Documents sufficient to account for all agency communications with DEMOS (501c3) (EIN:13-4105066). Documents sufficient to account for all emails to/from DEMOS (domain: @demos.org). Documents sufficient to account for all meeting invites, meeting records, meeting transcripts, or listening session records or transcripts for meetings where DEMOS representatives, principals, or contractors were present. Search Instructions: Please limit all searches in response to this Request from January 1, 2021, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to account for all marketing materials the agency has created, implemented, or disseminated in support of implementing Executive Order 14019 (https://www.whitehouse.gov/briefing- room/presidential-actions/2021/03/07/executive- order-on-promoting-access-to-voting/) including but not limited to print, advertising, social media, and other marketing materials and marketing activities. Documents sufficient to account for all grants issued or pending in support of Executive Order 14019 to any non-profit or commercial entity. Documents sufficient to account for the number of Voter Registration or vote-by-mail ballot application forms distributed or received by the agency under Executive Order 14019. Documents sufficient to account for all agency notes, meeting agendas, calendar invites, pre-read documents, memorandums, or implementing plans or directives pertaining to Executive Order 14019.

Documents sufficient to account for all FOIA logs, FOIA appeal logs, and Mandatory Declassification Review logs for the year of 2023 (1 January 2023 to 31 December, 2023). Documents sufficient to account for all FOIA logs and FOIA appeal logs from 1 January 2024, to 31 January, 2024. Documents sufficient to account for the most updated organizational hierarchy chart of the agency, as all as the most recent organizational hierarchy chart for the Office of the Senior-most Executive of the Agency (such as the Office of the Administrator, or Office of the Secretary). Search Instructions: Please limit all searches in response to this Request from January 1, 2021, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to to account for all GLOMAR FOIA responses issued by the agency in 2023 (January 1, 2023 to December 31, 2023). Search Instructions: Please limit all searches in response to this Request from January 1, 2023, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to to account for all training materials (such as course materials, videos, PowerPoint presentations, or slides) presented to agency employees or contractors between January 1, 2021 and December, 2023 mentioning ‘DEI’, ‘Transgender’, ‘Equity’, or ‘Pronouns’. Search Instructions: The primary custodian to search would include the Chief Diversity Officer, or any offices pertaining to Diversity, Inclusion, or EEO. Please limit all searches in response to this Request from January 1, 2021, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to to account for for all direct messages sent or received through the agency’s official social media accounts (such as Facebook and X (formerly Twitter) Accounts). Search Instructions: Please limit all searches in response to this Request from January 1, 2023, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to to account for All Equal Employment Opportunity (EEO) or administrative policies, instructions, memorandums, guidance, standard operating procedures, or procedural documents mentioning ‘transgender’, or ‘gender affirming’, or ‘pronoun’ AND ‘usage’. Search Instructions: Please limit all searches in response to this Request from January 20, 2021, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to to account for a list of all new GS-15 or SES employees or appointees that have entered the agency in the last 7 months (from 1 July, 2023 to present). Please provide the name of the employee/appointee, title, office, official email, and official phone number . Search Instructions: Please limit all searches in response to this Request from July 1, 2023, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient for the vacancy or occupancy rates of the agency’s largest building or headquarters building, by month (or days if available), for the year of 2023 (January 1, 2023 to December, 2023). Documents sufficient for the number of full-time employees (FTE) subject or covered under Agency telework agreements as of 1 January 2024. Search Instructions: Please limit all searches in response to this Request from January 1, 2023, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to account for all finalized strategic plans for implementing Executive Order 14019 (EO 14019), or related plan documents that were submitted to Susan Rice or the Office of Management and Budget (OMB) relating to implementation of EO 14019[;] [d]ocuments sufficient to account for the basis, criteria, and approval authority by which third party organizations will be approved to conduct voter registration activities on federal agency premises under EO 14019[;] and [d]ocuments or lists sufficient to account for all third party orgnizations currently approved to conduct voter registation acitivities on the agency’s premises.

Documents sufficient for all communications (including emails or meeting invites), between the agency and various email domains, mentioning ‘election’, ‘election integrity’, ‘executive order’, ‘14019’, ‘VRA’, or ‘voter registration’, for the period January 1, 2021, to the present.

Electronic request for copies of all mandatory training materials provided to agency employees, contractors, or appointees mentioning ‘SOGIE’. Please limit the timeframe of the search from January 1, 2022 to present.

Electronic request for copies of all documents produced in response to Congressional inquiries, Congressional subpoenas, or in response to Congressional communications with the agency, from October 1, 2023 to present. Copies of all documents produced from the agency to any Congressional Committee or personal office from October 1, 2023 to present.

Electronic request for any filed complaints, disciplinary actions, human resources disputes, litigation notices, or settlements (or settlement negotiations) for or against any SES employees, GS- 15 employees, or any appointees (including Schedule C or detailed Appointees) from January 1, 2022 to present.

All communications: (1) between the agency and any of the following email domains: @demos.org, @electionexcellence.org,@sentencingproject.org, @aclu.org, @campaignlegal.org, @advancingjustice-aajc.org,@fairfight.com, @techandciviclife.org, @electioninnovation.org. @ndrn.com, @aapd.com, @narf.org, @lwv.org, @maldef.org, @fairelectionscenter.org,@civilrights.org, @opensocietyfoundations.org, @taketheplej.org,@modernelections.org, @funderscommittee.org, @newventurefund.org,@faircount.org, @brennancenter.org, @democracyfund.org, @democracyfundvoice.org,@rockthevote.org, @northfund.org, @triggerthevote.com; and (2) containing the terms ‘14019’, ‘executive order’, ‘Promoting Access to Voting’, ‘get out the vote’, ‘GOTV’, ‘vote# within 5 words of regist#’, ‘vote# within 5 words of turnout’, ‘vote# mobilization’, ‘PAC’, ‘election integrity’, ‘VRA’, ‘NVRA’, or ‘expanding access’. The time period for this request is from 12:01 PM EST on January 20, 2021, to the present date. To further narrow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Search Instructions: Vote# is denoted to be a root expander of the word vote and includes all variations of the word vote to include, but not limited to vote, voter, voters, voting, etc. Regist# is denoted to be a root expander of the word register and include all variations of the word register to include register, registered, registering, registration, etc.

All records relating to any listening sessions concerning Executive Order (E.O.) 14019 (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/07/executive-order-on-promoting-access-to-voting/). The time period for this request is from 12:01 PM EST on January 20, 2021, to the present date. To further narrow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Search Instructions: Please include copies of all attachments, files, or pertinent documents to responsive documents.

Electronic request for [a]ll documents sufficient to detail all incurred expenses, costs, or receipts associated with the implementation or execution of Executive Order 14019 by the agency. All documents that identify the source or line of funding used for the expenses/expenditures associated with implementation or execution of Executive Order 14019. All legal opinions or memos surrounding Executive Order 14019 drafted, created, or retained by the agency. All documents, emails, or correspondence that include both the text of ‘Executive Order 14019’ OR ‘14019’ AND ‘Antideficiency Act’. All communications between the agency and Justin Levitt ([email protected]), or Joseph Waldow ([email protected]), or Justin Vail, Special Assistant to the President for Democracy and Civic Participation. Please search the inboxes of personnel assigned to the agency’s Office of General Counsel (or the agency’s equivalent) as the primary custodians. The time period for this request is from 12:01 PM EST on January 20, 2021, to the present date.

Records sufficient to identify all employees who entered into a position at the agency as a Political Appointee since January 1, 2024, to the date this records request is processed and the title or position of each employee (to the extent that individuals have held multiple positions during this time period, identify each title or position and the time period it was held). Records sufficient to identify all career employees who, between January 1, 2024, and the date this records request is processed, have been detailed to 1) A position to be filled by a Political Appointee, or 2) A new position through coordination or consultation with either the White House Liaison or Presidential Personnel Office; the title or position of each employee while on detail; and each employee’s originating agency or component, and prior title. For each individual identified in response to Requests 1 and 2 provide: 1. The resume provided by the individual to the agency in connection with determining the appropriate salary for the individual, or if that is not available, a recent resume contained within the agency’s records. I no objection to the redaction of employee’s contact information, such as email, address, phone numbers etc.; however, prior employment, education, and descriptions of such experiences are not exempt and should be produced. 2. Any waivers issued to the individual pursuant to 18 U.S.C. 208(b). 3. Any authorizations for the individual issued pursuant to 5 C.F.R. 2635.502. 4. Any Ethics Pledge waivers, issued pursuant to Section 3 of Executive Order 13989 and Office Government Ethics Legal Advisory 21-04, received by the individual. 5. Any ethics agreement executed by the individual; any Certification of Ethics Agreement Compliance; and any records relating to any violation by an individual of his or her ethics agreement. 6. Records reflecting any recusal determination made or issued for the individual. 7. Copies of any SF-50 forms for the individual reflecting any change in position, title, or salary, including when the employee starts or leaves a position 8. Completed Ethics Pledge for each individual. Search Instructions: Please limit all searches in response to this Request from January 1, 2024, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Documents sufficient to to account for all GLOMAR FOIA responses issued by the agency from 1 January, 2024 to present, along with a copy of the original FOIA request the GLOMAR was issued in response to. Search Instructions: Please limit all searches in response to this Request from January 1, 2024, to the present. Please include the full email chain and attachments relevant to any responsive documents to provide further context.

Multiple Requests (at some agencies, dozens of requests) in each agency for a variety of senior officials / political appointees for the following:

For the timeframe of January 20, 2021 to present, all of the following records from [staff named]: All communications to/from the following email domains (including meeting/calendar invites): @splcenter.org, @demos.org, @adl.org, @electionexcellence.org, @aclu.org, @campaignlegal.org, @advancingjustice-aajc.org, @fairfight.org, @techandciviclife.org, @electioninnovation.org, @narf.org, @maldef.org, @fairelectionscenter.org, @civilrights.org, @opensocietyfoundations.org, @newventurefund.org, @faircount.org, @brennancenter.org, @democracyfund.org, @democracyfundvoice.org, @rockthevote.org, @northfund.org, @triggerthevote.org, @waytowin.us, @fordfoundation.org, @2hadvisors.org, @thesvf.org, @jsoros.com, @wyssfoundation.org, @omidyar.com, @arabellaadvisors.com.

Multiple Requests in each agency (at some agencies, dozens of requests) for a variety of senior officials / political appointees for the following:

All sent communications [via the Custodian’s outbox; not received communications] mentioning ‘Biden’ AND ’25th’ OR ‘parkinsons’ OR ‘dementia’. To further narrow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Please limit all searches to the timeframe of 20 January, 2021 to the present; starting from 00:01 on 20 January, 2021 to the present.

Multiple Requests in each agency (at some agencies, dozens of requests) for a variety of senior officials / political appointees for the following:

All sent communications [via the Custodian’s outbox; not received communications] mentioning ‘Project 2025’ OR ‘P2025’ OR ‘Mandate for Leadership’ OR ‘Heritage Foundation’. To further narrow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Please limit all searches to the timeframe of 20 January, 2021 to the present; starting from 00:01 on 20 January, 2021 to the present.

Documents sufficient to account for all documents or finalized reports submitted to the U.S. Government Accountability Office (‘GAO’) mentioning ‘Antideficiency Act’ or ‘Antideficiency Act Report,’ from January 1, 2021, to the present.

Documents sufficient to identify and account for all materials submitted by the Agency through the OMB MAX Portal (https://collect.max.gov) during the previous fiscal year, including, but not limited to, responses to Requests for Information (RFIs), documentation related to strategic plan implementation responses, periodic assessments (e.g., 30-day, 60-day, 90-day, 120-day assessments), underlying data, policy responses, and any other associated records. Please include all documents (.pdf, .doc, .docx, .ppt, .pptx, .csv, .xls, .xlsx, etc) that were uploaded by the agency into OMB Max throughout the fiscal year. Search Instructions: Please limit all searches in response to this to the timeframe of October 1, 2023 to September 25, 2024.

Multiple Requests in each agency (at some agencies, dozens of requests) for a variety of senior political appointees for the following:

All emails to/from/bcc a Commissioner mentioning, “on the background”, “off the record”, “off-the-record”, “on background”, “deep background”, “compliance”, “confidential”, “complaint”, “investigation”, “classified”, “LIMDIS”, “not for attribution”, “non-attribution”, “not attributed”, “source”, “anonymity”, “anonymous”, “sensitive”, “counsel”, “embargo”, “embargoed”, “policy draft”, “talking points”, “pre-read”, “briefing sheet”, “sitrep”, “memorandum draft”, or “memorandum”. All calendar entries and internal Microsoft Teams or Lync messages from {[Appointee Name}} mentioning “on the background”, “off the record”, “off-the-record”, “on background”, “deep background”, “compliance”, “confidential”, “complaint”, “investigation”, “classified”, “LIMDIS”, “not for attribution”, “non- attribution”, “not attributed”, “source”, “anonymity”, “anonymous”, “sensitive”, “counsel”, “embargo”, “embargoed”, “policy draft”, “talking points”, “pre- read”, “briefing sheet”, “sitrep”, “memorandum draft”, “memorandum”, “Republican”, “Democrat” or “nominee”. Requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread.

Copies of all FOIA appeal logs by year (calendar years 2010 to present). Copies of all Mandatory Declassification Review (MDR) request and appeal logs by year (calendar years 2010 to present). A copy of all opened or closed Inspection General Investigations (OIG) for calendar years 2017, 2018, 2019, 2020, 2021, 2022, and 2023. Copies of the Congressional Correspondence Control logs (or similar control logs containing logs of all Congressional correspondence) for calendar years 2010 to present.

Copies of all OGE Form 202 (Conflict of Interest Referral) generated within or by the agency or submitted to the Office of Government Ethics (OGE) from January 1, 2021 to present. Copies of all Copies of all OGE Form 278e (Public Financial Disclosures) or OGE Form 278-T (Periodic Transation Reports) generated within or by the agency or submitted to the Office of Government Ethics (OGE) from January 1, 2021 to present.

Records sufficient to identify all employees who entered into a position at the agency as a Political Appointee since January 20, 2021, to the date this records request is processed, and the title or position of each employee (to the extent that individuals have held multiple positions during this time period, identify each title or position and the time period it was held). Records sufficient to identify all career employees who, between January 20, 2021, and the date this records request is processed, have been detailed to 1) a position eligible to be filled by a Political Appointee, or 2) a new position through coordination or consultation with either the White House Liaison or Presidential Personnel Office; the title or position of each employee while on detail; and each employee’s originating agency or component, and prior title. For each individual identified in response to Requests 1 and 2 provide: 1. The resume provided by the individual to the agency in connection with determining the appropriate salary for the individual, or if that is not available, a recent resume contained within the agency’s records. 2. Any waivers issued to the individual pursuant to 18 U.S.C. § 208(b). 3. Any authorizations for the individual issued pursuant to 5 C.F.R. § 2635.502. 4. Any Ethics Pledge waivers, issued pursuant to Section 3 of Executive Order 13989 and Office of Government Ethics Legal Advisory 21-04, received by the individual. 5. Any ethics agreement executed by the individual; any Certification of Ethics Agreement Compliance; and any records relating to any violation by an individual of his or her ethics agreement. 6. Records reflecting any recusal determination made or issued for the individual. 7. Copies of any SF- 50 forms for the individual reflecting any change in position, title, or salary, including when the employee starts or leaves a position. 8. Completed Ethics Pledge for each individual.

Electronic request for (1) documents and data sufficient to account for the monthly occupancy or vacancy rates for the agency’s five largest buildings (measured by square footage) from January 1, 2020, to December 31, 2022; and (2) a copy of all agency telework policies or directives that were in place due to COVID- 19 and/or the pandemic between 1 January 2020 and April 1, 2023.

Electronic request for records and documents sufficient (list, spreadsheet, or database) to account for of all contracts or grants referred for investigation, review, inquiry, or Office of the Inspector General (OIG) scrutiny due to potential, alleged, or confirmed fraud, waste, or abuse (FWA) from 2017 to present, including company details, contract specifics, and documentation of the referral process.

Electronic request for (1) a copy of all internal policy documents, memorandums or guidance pertaining to FOIA processing and procedures, FOIA Appeal processing and procedures, and Mandatory Declassification Review (MDR) processing Policy and Procedures between 2018 and present, including any and all documents relating to steps the agency takes when processing or deconflicting with other agencies when processing FOIA requests, Appeals, or MDR requests; and (2) a list of the oldest 50 FOIA’s still open with the Agency including the request date, request body/text, and requestor.

Electronic request for documents sufficient to account for the agency’s usage and retention policies or directives for official communications via Slack, Signal, Microsoft Teams, Lync, or any other internal messaging platforms from 2018 to present.

Electronic request for all manuals or documents relating or pertaining to e- discovery, e-discovery vendor manuals, or e-discovery internal processes or processing steps for e- discovery software currently used by the agency with regard to discovery during litigation, FOIA litigation, or any other litigation holds for 2021 to present. It is necessary to see the requests in question in order to be able to put them in context.

Posted in: Digital Archives, E-Discovery, Freedom of Information, Government Resources, Legal Research, United States Law