Assess whether a FOIA exemption is legally supportable (aef369)

Situation

An IG draft that will go public Thursday put performance-measure set that cannot be produced from systems in front of grant-compliance officer in a department writing an RIA under a tight clock. This Government / Policy and Grants close is a FOIA exemption is from performance-measure set that cannot be produced from systems, and the live options are Pay or continue, Recoup, Deny.

Decision

Grant-compliance officer in a department writing an RIA under a tight clock must choose Pay or continue / Recoup / Deny / Hold using performance-measure set that cannot be produced from systems after an IG draft that will go public Thursday.

Hypotheses to test

• The population in performance-measure set that cannot be produced from systems is the one an IG draft that will go public Thursday named, so Pay or continue follows for this Policy and Grants file.
• The population in performance-measure set that cannot be produced from systems is adjacent only to an IG draft that will go public Thursday; Recoup is the honest Government call.
• A department writing an RIA under a tight clock already contained an IG draft that will go public Thursday before performance-measure set that cannot be produced from systems arrived; no new Policy and Grants path.
• Provenance on performance-measure set that cannot be produced from systems after an IG draft that will go public Thursday is broken; do not pick Pay or continue or Recoup yet.

Analysis required

• Map eligibility, appropriation, and program rules in performance-measure set that cannot be produced from systems after an IG draft that will go public Thursday.
• Name the statutory hook that performance-measure set that cannot be produced from systems does or does not support.
• Test a single-case exception versus a control gap in a department writing an RIA under a tight clock.
• For this Government Policy and Grants file, read performance-measure set that cannot be produced from systems against an IG draft that will go public Thursday and write the one fact that would move a FOIA exemption is for grant-compliance officer.

Recommendation

Choose Pay or continue / Recoup / Deny / Hold on this Government / Policy and Grants packet (performance-measure set that cannot be produced from systems after an IG draft that will go public Thursday). The follow-on Policy and Grants action is what grant-compliance officer does next: implement the option, assign an owner, and log the missing fact.