OMB updated its 1987 fee guidance in 2020 (on the heels of an APA lawsuit) to reflect the 2007 statutory definition of a representative of the news media, which removed the "organized and operated language." https://www.govinfo.gov/content/pkg/FR-2020-12-17/pdf/2020-27707.pdf. So, you'd actually have a somewhat better shot at that category now.
In my previous life, I was president of the North Carolina Press Corps. Part of my job was categorizing citizen journalists and activists with online platforms. Do they get credentials to sit on the legislative floor, or are they relegated to the galley with everyone else? The truth is there was really no difference in the seating. Sitting on the (legislative floor) meant I could get to lawmakers faster when I had questions after the session. The former reporter in me loves your articles.
HHS is a difficult agency when it comes to the FOIA. (I would say the worst is FDA, though - that agency's FOIA department needs a complete overhaul. I literally thought about running for President, just so I could pressure them to do that.)
I would consider appealing. Did you include a link to your blog or any other published work when requesting a fee waiver? When I first started FOIA-ing, I forgot to include a link to my journalism portfolio and got denied. I appealed with my link and was re-assigned to the media category.
That’s good advice. I did not provide a link, I only affirmed I wasn’t going to use the information for a commercial purpose, I quoted NARA’s FOIA ombudsman for the proposition that there was a public interest, and that I was a member of the media. But definitely not any hard proof.
I’m curious if I can just email him back without a formal appeal.
I've been looking forward to this update. It looks as if each department has their own way of dealing with requests. I note that one of your correspondents has the title FOIA Coordinator, but they just forwarded your request to someone else. I wonder how often each department gets a request. I think there are several factors influencing how well they respond. Full marks for persistence!
I assume NARA will be organized enough to notice they have two (similar? Identical?) requests from you now, and will combine them into one matter. Or will they track separately, in which case, you could end up with two responses, which would presumably be identical? Maybe it’s a small enough agency that only one person oversees all the FOIA requests.
Enjoyed this! I have the feeling of all of us readers are the types who when shown a process that could be simpler and clearer get itchy fingers from yearning to work on it.
OMB updated its 1987 fee guidance in 2020 (on the heels of an APA lawsuit) to reflect the 2007 statutory definition of a representative of the news media, which removed the "organized and operated language." https://www.govinfo.gov/content/pkg/FR-2020-12-17/pdf/2020-27707.pdf. So, you'd actually have a somewhat better shot at that category now.
I appreciate this!
In my previous life, I was president of the North Carolina Press Corps. Part of my job was categorizing citizen journalists and activists with online platforms. Do they get credentials to sit on the legislative floor, or are they relegated to the galley with everyone else? The truth is there was really no difference in the seating. Sitting on the (legislative floor) meant I could get to lawmakers faster when I had questions after the session. The former reporter in me loves your articles.
HHS is a difficult agency when it comes to the FOIA. (I would say the worst is FDA, though - that agency's FOIA department needs a complete overhaul. I literally thought about running for President, just so I could pressure them to do that.)
I would consider appealing. Did you include a link to your blog or any other published work when requesting a fee waiver? When I first started FOIA-ing, I forgot to include a link to my journalism portfolio and got denied. I appealed with my link and was re-assigned to the media category.
That’s good advice. I did not provide a link, I only affirmed I wasn’t going to use the information for a commercial purpose, I quoted NARA’s FOIA ombudsman for the proposition that there was a public interest, and that I was a member of the media. But definitely not any hard proof.
I’m curious if I can just email him back without a formal appeal.
You could try emailing first! I just know the links help. I think they just need some sort of general evidence to approve media status.
I've been looking forward to this update. It looks as if each department has their own way of dealing with requests. I note that one of your correspondents has the title FOIA Coordinator, but they just forwarded your request to someone else. I wonder how often each department gets a request. I think there are several factors influencing how well they respond. Full marks for persistence!
I assume NARA will be organized enough to notice they have two (similar? Identical?) requests from you now, and will combine them into one matter. Or will they track separately, in which case, you could end up with two responses, which would presumably be identical? Maybe it’s a small enough agency that only one person oversees all the FOIA requests.
It would be very interesting if I get two unidentical responses haha
Enjoyed this! I have the feeling of all of us readers are the types who when shown a process that could be simpler and clearer get itchy fingers from yearning to work on it.