Freedom of Information Act (FOIA) case files required to be shared between the Department of Energy (DOE) and the White House at times lack “pertinent” documentation, the DOE Inspector General‘s Office (IG) found in a report released yesterday that reviewed samples of FOIA requests from DOE branches including the Office of Environmental Management and National Nuclear Security Administration. In addition to “limited White House participation,” the Sept. 18 report found no indication of political appointee interference in the FOIA process but noted an “absence of an updated manual” as a factor in documentation disparities. The IG, citing a 2009 memorandum instructing government agencies to consult with the White House on document requests, found that in four of the cases reviewed, “pertinent FOIA-related correspondence between the Department and the White House was not retained in the FOIA files.” The IG’s comparison of the DOE’s proposed FOIA responses meant for White House review and the final release “found no difference in the redactions in two cases.” Due to a lack of documentation of changes in proposed FOIA responses, though, “it was impossible to know with certainty what changes were made when the documents went outside the Department for review,” the IG said.
While political appointees at DOE may have sometimes been involved in the FOIA requests, the IG could not “identify any cases where involvement of these individuals resulted in withholding any document or portions of any document that could have otherwise been released.” The department’s chief FOIA officer also denied “inappropriate influence or delay by noncareer officials” in FOIA responses, but did not provide a corresponding written certification as previously requested by a Senate committee. The IG recommended revision of the DOE FOIA manual to update and issue policies on documentation, and the report notes that the DOE “is working to ensure the FOIA guidance is up-to-date.”
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