Category: MIL-OSI

Source: United States Department of Justice Criminal Division

Over the last five years, agency Chief Freedom of Information Act (FOIA) Officer Reports have provided detailed descriptions of agency efforts to improve FOIA administration in five key areas addressed by Attorney General Holder’s FOIA Guidelines.  As part of a five-part series which started during Sunshine Week 2014, OIP continues to highlight some of the successes in these five key areas as reported by agencies in their 2014 Chief FOIA Officer Reports. 

Improving Timeliness in Responding to Requests and Reducing Backlogs

Both the President and the Attorney General have emphasized the importance of improving timeliness in responding to requests.  In his FOIA Memorandum issued on his first full day in office, President Obama directed agencies to “act promptly” when responding to requests.  Attorney General Holder similarly emphasized in his FOIA Guidelines that “[t]imely disclosure of information is an essential component of transparency . . . [and that] [l]ong delays should not be viewed as an inevitable and insurmountable consequence of high demand.”  For the 2014 Chief FOIA Officer Reports, agencies were asked to provide detailed information on their average processing times for simple requests and their efforts to reduce backlogs and close their ten oldest requests, appeals, and consultations.  Those agencies that had a request backlog of over 1,000, and did not reduce that backlog, were also required to provide a plan for achieving backlog reduction in the year ahead.  Likewise, agencies that did not close their ten oldest requests, appeals, or consultations were required to describe their plans for closing those requests, appeals or consultations by the next fiscal year. 

Because of the strong correlation between the type of request that is made and the ability of the agency to respond to that request more quickly, in 2012, OIP established a milestone that addresses whether the agency overall responded to requests in its simple track within an average of twenty working days or less.  Agencies were once again required to report on this metric in their 2014 Chief FOIA Officer Reports.  Sixty-three agencies, including seven of the fifteen cabinet level agencies, reported that they were either able to process their simple-track requests in an average of twenty-working days or less, or if they did not utilize multi-track processing, they were able to process all of their non-expedited requests within that average timeframe. 

With regard to request backlogs, fifty-five agencies reported that they were either able to reduce the number of requests in their backlog at the end of Fiscal Year 2013 or they had no backlog to reduce.  Additionally, four agencies reported no change in their request backlog, and twelve agencies reported a slight increase of up to five backlogged requests.  Twenty-eight agencies experienced a backlog increase of more than five requests.  Notably, however, seventy-three agencies were able to maintain a small request backlog of 100 requests or less, with twenty-nine of these agencies reporting no backlog at all.

For administrative FOIA appeals, seventy-three agencies reported that they were either able to reduce the number of appeals in their backlog at the end of Fiscal Year 2013 or they had no backlog to reduce.  Three agencies had no change in their appeals backlog, and fifteen agencies reported a slight increase of up to five backlogged appeals.  While eight agencies reported a backlog increase of over five appeals, a total of eighty-two agencies maintained a backlog of twenty or less appeals.

As with previous years, agencies that experienced an increase in their request or appeal backlogs explained the causes that contributed to those increases in their 2014 Chief FOIA Officer Reports. Some of the common factors reported by agencies included an increase in the number of incoming requests, loss of FOIA staff, and an increase in the complexity of the requests or appeals received by the agency.   

A critical element of the government’s efforts to reduce backlogs and answer the President’s and Attorney General’s call to provide timely disclosures of information is closing the ten oldest pending requests, appeals, and consultations at each agency every year.  Sixty-eight agencies reported that they were either able to close all ten of their oldest requests from Fiscal Year 2012 by the end of Fiscal Year 2013, or they had no ten oldest to close.  With regard to appeals, eighty agencies were either able to close their ten oldest pending appeals or they had no ten oldest to close.  Finally, ninety-three agencies were able to close their ten oldest pending consultations or they continued to maintain no pending consultations at the end of the fiscal year. 

Agencies were also asked to report in their 2014 Chief FOIA Officer Reports on whether they have a system in place for providing requesters substantive interim responses when appropriate.  In the spirit of providing more timely disclosures of information, OIP issued guidance in 2010 to agencies encouraging the use of interim releases whenever a request involves a voluminous amount of material or a search in multiple locations is required.  The vast majority of agencies reported that they did have a process in place for making interim responses.  Additionally, each agency reported an estimate of the number of cases in their backlog for which an interim response was provided. 

This is just a snapshot of agencies’ efforts to improve timeliness and reduce backlogs.  OIP encourages both agencies and the public to review the individual 2014 Chief FOIA Officer Reports issued by agencies for a more comprehensive view of agency progress in this area. 

As with previous years, this summer OIP will once again publish its assessment of agencies’ implementation of the President’s and Attorney General’s FOIA Memoranda based on agency Annual and Chief FOIA Officer Reports.  Be sure to continue reading FOIA Post for more information on the Department’s continuing efforts to improve both transparency and understanding of the FOIA.

You can read previous posts in this series on FOIA Post (Part I, Part II, Part III, Part IV).  

Source: United States Department of Justice Criminal Division

OIP’s Requester Roundtable series picks up again this summer, once again providing an open forum for the FOIA requester community and agency personal to discuss various topics in FOIA administration.

Originally scheduled for January 22, 2014 (cancelled due to inclement weather), the June meeting will focus on how agencies provide estimated dates of completion to FOIA requesters.  Hosted in conjunction with the Office of Government Information Services, participants at this upcoming meeting will discuss agency implementation of this statutory requirement and will build off both agency best practices and OIP’s guidance regarding the importance of good communication with requesters.  Specifically, the meeting will highlight the various ways agencies provide estimated dates of completion to requesters and the experience of requesters in requesting and receiving such information from agencies. The details for this meeting are:

FOIA Requester Roundtable Meeting
Providing Estimated Dates of Completion
Department of Justice – Office of Information Policy
1425 New York Avenue, NW – Suite 11050
June 17, 2014, 10:00 – 11:00 am

This meeting, like all Requester Roundtable meetings, is open to the public as well as to all interested agency personnel.  We hope that you can join us for this discussion. 

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 “June Requester Roundtable.”  As space for this meeting is limited, registration is required to attend, and please remember that 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 Criminal Division

Today OIP held the first of what will be an ongoing series of Best Practices Workshops designed to showcase successes achieved by agencies in FOIA administration.  OIP committed to conducting this workshop series as part of our efforts in fulfilling the Administration’s commitments to the Open Government Partnership, as detailed in the second National Action Plan.  The goal of the Best Practices Workshops is to improve FOIA processes across the government by sharing successful strategies and approaches to a wide range of FOIA issues.  The workshops provide a forum for agencies to learn from one another.   

The topic for the kickoff session was Reducing Backlogs and Improving Timeliness.  As the Attorney General stated in his FOIA Guidelines:  “Timely disclosure of information is an essential component of transparency.  Long delays should not be viewed as an inevitable and insurmountable consequence of high demand.”  Given the importance of this topic, which lies at the heart of any successful FOIA operation, it was chosen to be the topic for the inaugural session of this Best Practices Workshop series. 

Today’s panel featured five speakers, from agencies both large and small.  These speakers had all demonstrated notable success in improving timeliness and reducing backlogs at their respective offices.  The speakers were Michael Marquis, from HHS, Thomas Cioppa, from USCIS at DHS, Richard  Frank, from the Army Corps of Engineers, DOD, Lisa Babcock, from the SBA, and Cindy Cafaro, from the Department of the Interior.   During the session each speaker briefed the audience on the challenges they faced and described the many, varied approaches they had taken to achieve real success in reducing processing times, closing their ten oldest requests, and reducing backlogs.  During the session there was also an active exchange with the audience as questions were raised and comments were addressed. 

While the speakers had each devised their own individualized approaches to meeting the challenges of improving timeliness at their own offices, what was striking about listening to the panel was their extraordinarily high level of engagement on these issues.  One after another, each speaker detailed a series of actions they had taken, all designed to work in concert, to bring about reforms that would improve performance.  It was clear from listening to these speakers that they were very actively engaged in finding ways to help their offices improve timeliness and reduce backlogs. 

There were also common elements to the approaches taken at the five agencies.  The speakers addressed the importance of: 

• Obtaining leadership support – to obtain personnel and resources, to get buy-in from program offices, to increase awareness, to spread responsibility and ensure greater accountability
• Routinely reviewing processing metrics – to ensure oldest cases are handled each year, to make changes as needed during the course of the year, to identify common requests and trends as part of “Intelligent Case Management,” to troubleshoot
• Ensuring accountability – to motivate and reward personnel, to engage all members of the agency with a role in the process
• Engaging with FOIA staff – to train and encourage, to answer questions, to simplify processes and improve quality as well as quantity  

The speakers also stressed the benefits of using multi-track processing and explained how they had created new tracks and ensured that requests were properly assigned to the proper track so that simple requests did not get caught behind far more complicated ones. Several speakers mentioned that they used the first quarter of the fiscal year to focus on their ten oldest requests. The speakers highlighted the benefits and improvements that technology afforded and stressed how they were constantly looking for ways to use technology to simplify the process. 

At the conclusion of the panel many audience members conveyed that they had gotten a lot of good ideas that they would take back to their own agencies.  That is the goal of these workshops – to provide agency personnel with a forum to hear from others who have faced the same challenges and learn how they overcame those challenges to achieve success and see real improvement in their FOIA operations. 

Our next Best Practices Workshop will be held July 17, 2014, and will address the topic of Proactive Disclosures and Making Online Information More Useful.   Be sure to continue reading FOIA Post for more information about these series of events.

Source: United States Department of Justice Criminal Division

Update: Please see the new date for October’s Workshop event.

Earlier this year, OIP announced the creation of a new series of agency Best Practices workshops as a part of the Second Open Government National Action Plan’s commitment to modernizing FOIA and improving the FOIA process at agencies.  Today, we are pleased to announce the first slate of topics and details for this new series of workshops.

Each of the scheduled workshops focuses on a specific topic and will include a panel of agency representatives who will share their success stories and strategies.  The series is an opportunity for FOIA professionals to learn from one another and leverage the successes of others in their own organizations for the overall benefit of FOIA administration across the government. 

Each workshop in the series is open to all agency FOIA professionals and interested agency personnel.  Representatives from civil society will be invited to participate in certain workshops as well.  The dates and topics for the first set of workshops are:

The May, July, December, and February meetings will feature different panels of agency representatives highlighting successes and lessons on the specific topics.  The October meeting will feature a panel from the open government and requester community, highlighting some of the agency best practices they have experienced while working through the FOIA process with agencies.  As previously announced, tips and topics discussed during these workshops, as well as feedback from workshop participants, will be published on OIP’s website after each meeting as a resource for all agencies.

If you are interested in attending any of these events, you can register by e-mailing your name and phone number to OIP’s Training Officer at DOJ.OIP.FOIA@usdoj.gov with the subject line “[Month] Best Practices Workshop.”  If you have any questions regarding the series, please contact OIP’s Training Officer at (202) 514-3642.

As the Attorney General emphasized in his FOIA Guidelines, the “responsibility for effective FOIA administration belongs to all of us . . . [and] [w]e all must do our part to ensure open government.”  This new workshop series is designed to share lessons learned across agencies in an effort to improve the administration of the FOIA across the government.    

As we hold these meetings, we continue to invite your suggestions on future meeting topics and potential panelists.  If you would like to participate as a panelist or recommend someone for any of the above scheduled workshops, please e-mail us at DOJ.OIP.FOIA@usdoj.gov with the subject line “Best Practices Workshop Suggestion.”

Source: United States Department of Justice Criminal Division

As part of the efforts described in the Second Open Government National Action Plan (NAP) to modernize FOIA, the Administration has committed to developing common FOIA regulations and practices for agencies.   OIP is pleased to announce that this month we will host the kickoff meeting for the interagency process of developing a common set of FOIA regulations.  

Agencies promulgate FOIA regulations to procedurally assist in the implementation of certain provisions of the law, such as where and how to make a request.  While currently these regulations can vary between the ninety-nine agencies subject to the FOIA, the NAP recognized that “[c]ertain steps in the FOIA process are generally shared across Federal agencies . . . [and that] [s]tandardizing these common aspects through a core FOIA regulation and common set of practices would make it easier for requesters to understand and navigate the FOIA process and easier for the Government to keep regulations up to date.”

During this meeting, which is open to all agency FOIA personnel and interested agency regulatory specialists, we will begin discussing and collaborating on the content of potential common FOIA regulations and the next steps moving forward in this process.  As noted in the NAP, our goal for this initiative is to develop a common core FOIA regulation “that is both applicable to all agencies and retains flexibility for agency-specific requirements.”  The details for the meeting are:

Prior to this meeting, OIP will also meet with members of the FOIA requester community and civil society for initial input on the development of common FOIA regulations.  As we work on this important initiative, we look forward to regularly engaging all stakeholders throughout the process.

If you are interested in attending this kickoff meeting, you can register by e-mailing your name and phone number to OIP’s Training Officer at DOJ.OIP.FOIA@usdoj.gov with the subject line “Common FOIA Regulations Kickoff Meeting.”  If you have any questions regarding this meeting, please contact OIP’s Training Officer at (202) 514-3642.