Month: September 2024

Source: United States Department of Justice 2

On July 22, 2016, the Chief FOIA Officers (CFO) Council, created by the FOIA Improvement Act of 2016, held its inaugural meeting at the Eisenhower Executive Office Building. The CFO Council is composed of all agency CFOs, plus the Deputy Director for Management from the Office of Management and Budget (OMB), and is co-chaired by the Directors of OIP and the Office of Government Information Services (OGIS).  Chief FOIA Officers and representatives from over 64 agencies attended, along with several members of the public. The meeting was available via livestream, and the full video recording is available here.      

OIP Director Melanie Ann Pustay, opened the meeting by providing an overview of the responsibilities of agency CFOs. Next, Andrew Mayock, a Senior Advisor at OMB, emphasized the Administration’s commitment to transparency and open government. Mr. Mayock described the recently-announced Cross-Agency Priority (CAP) Goal for FOIA that will be co-led by OMB, DOJ, and NARA to focus senior leadership attention and drive performance and accountability for improving FOIA administration, and to ensure that Federal departments and agencies are providing sufficient resources toward FOIA responsibilities. He explained that the CAP goal will be publicly posted on Performance.gov, and will have a detailed action plan, including specific metrics and milestones that will be used to gauge progress. Mr. Mayock explained that the initial focus of the CAP goal will be on implementing the FOIA Improvement Act of 2016.  

Acting Director of OGIS Nikki Gramian also gave opening remarks. She discussed the responsibilities of OGIS and summarized the first meeting of the second term of the FOIA Advisory Committee, which is composed of representatives from both agencies and the requester community. Ms. Gramian indicated that she anticipates the work of the CFO Council and the FOIA Advisory Committee will be complementary, and that she looks forward to keeping the CFO Council informed about the Advisory Committee’s activities. 

Director Pustay then introduced the Council’s first item for consideration – implementing a “release to one is release to all” presumption for FOIA responses. Director Pustay briefed the Council on OIP’s six-month pilot program conducted with seven volunteer Federal agencies that was designed to assess the viability of a policy that would direct agencies to proactively post online their FOIA responses. The President has directed the CFO Council to consider the lessons learned from the DOJ pilot program and to work to develop a Federal Government policy establishing a “release to one is a release to all” presumptive standard for Federal agencies when releasing records under FOIA. After briefing the Council on the pilot and OIP’s findings, Director Pustay answered questions from the members on a wide range of issues connected with implementation of the policy.  

In the coming months, the CFO Council will examine issues critical to this policy’s implementation, including assessing the impact on investigative journalism efforts, as well as how best to address technological and resource challenges. At its next meeting, the Council will invite journalists and members of the public to provide feedback about the “release to all” policy, specifically addressing the concerns raised by some journalists about its possible impact on their work.  Details about the next meeting will be available here on FOIA Post.

Source: United States Department of Justice 2

The inaugural meeting of the newly established Chief FOIA Officers Council will be held on July 22, 2016. President Obama recently signed into law the FOIA Improvement Act of 2016, which, among other things, established a Chief FOIA Officer Council. The Chief FOIA Officer Council is co-chaired by the Directors of OIP and OGIS and is made up of each agency Chief FOIA Officer and the Deputy Director of Management of OMB. In accordance with the new law, the Council is tasked with developing recommendations for improving FOIA, sharing best practices, and developing and coordinating initiatives.

The meeting will be held at 2:00pm on July 22, 2016 in Room 430 of the Eisenhower Executive Office Building; 1650 Pennsylvania Avenue NW, Washington, DC 20502. 

You can view a livestream of this meeting at www.wh.gov/live beginning at 2pm. You can also follow the meeting through OIP’s Twitter account @FOIAPost and through the hashtag #CFOCouncil.

A limited number of seats are available for members of the public to attend in person. For security purposes registration is required. Please email DOJ.OIP.FOIA@usdoj.gov with the subject line “CFO Council Meeting – Public” by COB on July 18, 2016 to request a seat. On July 19, we will respond to your email to confirm your attendance and provide a link for you to formally register by July 21 at 12pm.  

Source: United States Department of Justice 2

On June 30, 2016, President Obama signed into law the FOIA Improvement Act of 2016, which contains several substantive and procedural amendments to the FOIA. OIP has prepared a summary of the amendments as well as a redlined version of the statute which shows the changes made by the amendments. Today, OIP has released its first guidance piece addressing the new amendments. The guidance addresses the new requirements for agency response letters and for notices extending the FOIA’s time limits due to “unusual circumstances.” The guidance addresses the:

• Requirement to notify requesters about the availability of the agency’s FOIA Public Liaison to offer assistance,
• Requirements to notify requesters of their right to seek dispute resolution services from the Office of Government Information Services (OGIS) at NARA, and
• To afford the requester no less than 90 days from the date of the adverse determination on the request to file an administrative appeal.

Agencies should update their response letters and notices extending the FOIA’s time limits due to unusual circumstances to include the new requirements from the FOIA Improvement Act of 2016. OIP has prepared an implementation checklist, with sample language, to assist agencies in doing so.

Guidance on the New Requirements for FOIA Response Letters, Including Affording Ninety Days to File an Administrative Appeal, and New Notification Requirement for Notices Extending FOIA’s Time Limits Due to Unusual Circumstances

Source: United States Department of Justice 2

Update: This post has been updated to reflect that this event is at capacity.

OIP will be hosting a training session on the FOIA Improvement Act of 2016 on August 8, 2016.  The training will provide agency personnel with an overview of the recent amendments to the FOIA and an opportunity to ask questions to OIP’s Director about the new provisions.  As OIP continues to work on guidance to agencies on the implementation of the specific requirements of the new law, we hope you can join us for this training to address any immediate questions or concerns. The details for this training are:

This training event is open to agency FOIA professionals and interested agency personnel.

If you are interested in attending, please e-mail your name and phone number to OIP’s Training Officer at DOJ.OIP.FOIA@usdoj.gov with the subject line “FOIA Amendments Training.” As space for this meeting is limited, registration is required to attend.  You will need a picture ID to enter the building.  If you have any questions regarding this event, please contact OIP’s Training Officer at (202) 514-3642.

Source: United States Department of Justice 2

Today, as we approach the 50th anniversary of the Freedom of Information Act, President Obama has signed into law the FOIA Improvement Act of 2016.

In our democracy, the FOIA serves as a vital tool to keep citizens informed about the operations of their government. Since its enactment in 1966, the FOIA has been amended on a number of occasions to adapt to the times and changing priorities.  The FOIA Improvement Act of 2016 contains several substantive and procedural amendments to the FOIA, as well as new reporting requirements for agencies.  

In order to assist agencies in understanding all of the new changes to the FOIA, OIP has added two new resources to its website today. First, agencies and the public can find a detailed summary of all of the changes to the law on the “FOIA Resources” pages of our site. Additionally, OIP is making available a redline version of the FOIA which outlines each of the changes within the law. 

In the upcoming months, OIP will be issuing guidance to agencies on the implementation of the various new provisions of the law.  Announcements will be made on FOIA Post as new guidance is released. Agencies are encouraged to contact OIP’s FOIA Counselor Service with any questions they may have on implementation of these new statutory provisions.