FOIA News: Senators Introduce Bill to Remove FOIA Exemption in Broadband Grants

Sen. Rick Scott Introduces Broadband Buildout Accountability Act to Increase Transparency in Public Investment in Broadband Deployment

Feb. 24, 2022

Today, Senator Rick Scott introduced the Broadband Buildout Accountability Act with Ranking Member of the Commerce, Science and Transportation Committee, Senator Roger Wicker, to increase transparency for a $42 billion Bipartisan Infrastructure Package (BIF) broadband buildout grant awarded to the National Technology Information Administration (NTIA), which is currently exempted from transparency requirements under the Freedom of Information Act (FOIA). Senator Scott’s Broadband Buildout Accountability Act would remove the FOIA exemption and require proof of how the $42 billion is spent to ensure taxpayer dollars are not misused. Senators Marsha Blackburn, Roy Blunt, Shelley Moore Capito, Ted Cruz, Deb Fischer, Ron Johnson, Mike Lee, Cynthia Lummis, Jerry Moran, Dan Sullivan, John Thune, Roger Wicker, and Todd Young have also cosponsored the bill.

Read more here.

FOIA News: Congressional leaders call on DOJ to issue FOIA memo

Lawmakers Press Garland on Access to Documents for Public, Congress

Teresa Mettela, Wall St. J., Feb. 23, 2022

WASHINGTON—A bipartisan group of lawmakers is urging Attorney General Merrick Garland to press federal agencies to emphasize transparency and openness when responding to Freedom of Information Act requests, after government reports showed an increase in denials in recent years.

The House oversight and Senate judiciary committees sent a letter to Mr. Garland asking him to issue a memorandum encouraging agencies to implement FOIA in a manner that will increase access to government documents for the public and Congress.

“A clear message from you that transparency is a priority would encourage agencies to fully comply with the law,” the lawmakers said.

Read more here.

A copy of the congressional letter is here.

FOIA News: DOT is first cabinet department to release annual report

The U.S. Department of Transportation released its FY 2021 annual FOIA report on Thursday, February 17, 2022, twelve days ahead of DOJ’s deadline. No other cabinet department has released its annual report as of the time of this post.

FOIA News: More 2021 annual reports released

Last week we reported that several agencies had posted their 2021 annual FOIA reports in advance of DOJ’s March 1st deadline. Here are a few more reports that we have found online since then.

• Environmental Protection Agency

• U.S. Agency for International Development

• U.S. Merit Systems Protection Board

• U.S. Nuclear Regulatory Commission

• Administrative Conference of the United States

• National Indian Gaming Commission

• Surface Transportation Board

• Office of the Director of National Intelligence

• U.S. Commission on Civil Rights

FOIA News: Fed Reserve should be subject to FOIA, says Senator Toomey

Top Republican Suggests Regional Fed Should Be Overhauled

• Toomey says status quo of regional banks is ‘unacceptable’

• He wants the Fed to be subject to public records request law

By Laura Davison, Bloomberg, Feb. 10, 2022

The top Republican on the Senate Banking Committee said Congress should weigh an overhaul of the U.S. Federal Reserve Regional Bank system and consider consolidating regional banks that are “wandering” into issues such as climate change.

Senator Pat Toomey of Pennsylvania said Thursday that the 12 regional banks were formed to manage the economies in their districts, but that largely ended in the 1930s as oversight was taken over by the central bank. That’s left the regional banks without a clear mandate, he said.

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Toomey said he is also concerned that the Fed is not being transparent with the public and has been “stonewalling” congressional inquiries into bank decisions. He said lawmakers should consider making the Fed subject to the records request law, the Freedom of Information Act, like other federal entities are.

Read more here.

FOIA News: D.C. Circuit to hear FOIA case on Feb. 11, 2022

On Friday, February 11, 2022, the United States Court of Appeals for the District of Columbia Circuit will hear argument in the case Shapiro v. DOJ, No. 20-5318. Listen live to the argument before Judges Tatel, Wilkins, Rao here. A copy of the underlying decision at issue is here.

FOIA News: Here come the FY 2021 annual reports

Agencies are required to post their fiscal year 2021 annual reports on their websites by March 1, 2022. Here are a few that we’ve found online already.

• National Aeronautics and Space Administration

• National Mediation Board

• Commodity Futures Trading Commission

• Court Services and Offender Supervision Agency

• Federal Mine Safety and Health Review Commission

• Board of Governors of the Federal Reserve System

• Pension Benefit Guaranty Corporation

• U.S. Trade Representative

• National Endowment for the Humanities

• Export-Import Bank

FOIA News: Activists want to revise Obama-era FOIA memo

FOIA Advocates Say Biden Administration Is Ignoring Transparency Issues

New administrations usually issue memos on transparency. The Biden administration has ignored calls to do so.

By C.J. Ciaramella, Reason, Feb. 4, 2022

It's been more than a year since President Joe Biden took office, but his administration has yet to publish guidance to agencies on federal public record laws, a break from tradition that has frustrated transparency advocates.

This week, a coalition of transparency groups sent a second letter calling on the Justice Department to issue a memo on its interpretation of the Freedom of Information Act (FOIA), the groundbreaking 1966 law that, in theory, ensures public access to government records.

Read more here.

FOIA News: More from Yale's symposium on "Saving the Freedom of Information Act"

• No FOIA is an Island, by Heidi Kitrosser, Feb. 2, 2022

  Margaret Kwoka’s new book, Saving the Freedom of Information Act, is an impressive and important achievement. The book is grounded in the premise that the Freedom of Information Act (FOIA) was inspired by, and is best directed toward, the goal of facilitating public and journalistic oversight of American government.

• Margaret Kwoka’s “Saving the Freedom of Information Act” as a Model for the Empirical Study of Administrative Law, by Nicholas R. Parrillo, Feb. 1, 2022.

  Margaret Kwoka’s Saving the Freedom of Information Act is one of the best empirical studies ever written on administrative law. Start with the findings, which are sweeping in their government-wide scope and striking in their substance.

FOIA News: Nominations open for government FOIA awards

OIP NOW ACCEPTING NOMINATIONS FOR THE 2022 SUNSHINE WEEK FOIA AWARDS

DOJ/OIP, FOIA Post, Jan. 31, 2022

The Department of Justice, Office of Information Policy (OIP) is pleased to announce that nominations are open for the 2022 Sunshine Week FOIA Awards, recognizing the contributions of FOIA professionals from around the government.  As the Supreme Court declared, “[t]he basic purpose of [the] FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society . . . .”  Agency FOIA professionals are at the center of ensuring that the important purpose of this law is fulfilled and we look forward to celebrating the work of these individuals from around the government.  For this year’s event, OIP is seeking nominations for five categories of awards:

• Exceptional Service by a FOIA Professional or Team of FOIA Professionals

• Outstanding Contributions by a New Employee

• Exceptional Advancements in IT to Improve the Agency’s FOIA Administration

• Exceptional Advancements in Proactive Disclosure of Information

• Lifetime Service Award

Nominations can be submitted by agencies or by a member of the public.  All nominations are due to OIP by Friday, February 25

Read more here.