FOIA News: Analysis of AG Garland's FOIA memo

Unpacking the New FOIA Memo

By Adira Levine, Yale J. on Reg., Mar. 24. 2022

This Sunshine Week brought much awaited Freedom of Information Act (FOIA) guidance from the Biden administration. On March 15, Attorney General (AG) Merrick Garland issued a FOIA memorandum directed to the heads of executive departments and agencies. The four-page memo announces Department of Justice (DOJ) guidelines established for the administration of FOIA. Its issuance was anticipated in light of historical precedent and sought after by transparency groups. In the memo, AG Garland focuses on four areas: the presumption of openness, proactive disclosures, removing access barriers and reducing request backlogs, and ensuring fairness and effectiveness in the FOIA process.

Read more here.

FOIA News: Reporters Committee analyzes FOIA decisions of SCOTUS nominee

Reporters Committee reviews Judge Ketanji Brown Jackson’s record on First Amendment, Freedom of Information Act cases

Judge Jackson authored dozens of FOIA-related opinions while serving on the U.S. District Court for the District of Columbia.

Reporters Committee for Freedom of the Press, Mar. 21, 2022

On Feb. 25, President Joe Biden nominated Judge Ketanji Brown Jackson to fill the U.S. Supreme Court seat of retiring Justice Stephen Breyer. In this report, the Reporters Committee surveys Judge Jackson’s decisions in First Amendment and Freedom of Information Act cases from her tenure on the U.S. District Court for the District of Columbia. Although Judge Jackson was appointed to the U.S. Court of Appeals for the D.C. Circuit in 2021, none of the opinions she authored for that court pertains to issues affecting journalists.

Perhaps most noteworthy to journalists is Judge Jackson’s extensive judicial record on FOIA. She has authored dozens of FOIA-related opinions while serving on the district court from 2013 through 2021. In the analysis below, the Reporters Committee has concluded that Judge Jackson’s FOIA rulings demonstrate a deference to agency exemption claims, especially in the national security context, but a willingness to deny an agency summary judgment where government officials failed to provide sufficient evidence to keep records hidden from the public. Her record also reveals a willingness to rule in favor of record requesters on non-exemption issues pertaining to the sufficiency of an agency’s search for records and record fee disputes.

Read more here.

FOIA News: EXIM Bank to Update FOIA Regulations

The Export-Import Bank of the United States (EXIM) is publishing for comment proposed revisions to its regulations under the Freedom of Information Act (FOIA). The revisions are intended to incorporate amendments to the FOIA under the FOIA Improvement Act of 2016, developments in the case law, and changes in Federal and EXIM policies. The proposed revisions are also intended to clarify procedural requirements. The proposed revisions occur throughout the FOIA regulations and are predominantly procedural in nature.

Comments should be received by April 21, 2022..

Read more here.

FOIA News: DHS Sec'y acknowledges Sunshine Week

Recognizing Sunshine Week

DHS, News Blog, Mar. 18, 2022

Sunshine Week is a moment to recognize one of the hallmarks of good government: an institution’s openness and transparency with respect to the work we perform and how we perform it. This fundamental principle speaks to any organization’s integrity and helps build trust between our government and the communities we serve.

As we carry out our critical homeland security missions, our Department is firmly committed to upholding the core ideal of accountability to the public while remaining guardians of people’s safety and security.

Read more here.

FOIA News: DOJ posts Chief FOIA Officer Reports

The Department of Justice’s Office of Information Policy has posted a list of agencies that have completed their Chief FOIA Officer Reports for 2022. DOJ’s post will be populated with additional reports as they become available.

FOIA News: ICYMI, Senators seek publication of DOJ OLC legal opinions

DUCKWORTH, LEAHY RE-INTRODUCE BILL TO STRENGTHEN OVERSIGHT OF EXECUTIVE BRANCH & INCREASE TRANSPARENCY

Press Release, Sen. Tammy Duckworth, Mar. 16, 2022 

Today, during the News Leaders Association's annual Sunshine Week that aims to promote transparency across our government, U.S. Senators Tammy Duckworth (D-IL) and Patrick Leahy (D-VT) re-introduced legislation—the Demanding Oversight and Justification Over Legal Conclusions Transparency Act (DOJ OLC Transparency Act)—to strengthen oversight over the Executive Branch and increase government transparency by requiring the U.S. Department of Justice’s (DOJ) Office of Legal Counsel (OLC) to publicly disclose all past legal opinions, as well as any it produces moving forward. Too often, legal opinions provided by the DOJ OLC are treated as binding by federal agencies, even though neither Congress nor the American public have access to all of these legal interpretations, which also have no Congressional or judicial oversight. In the past, secret DOJ OLC opinions have been used to justify torture and the claim that the President cannot be indicted while in office dates back to a famous Nixon-era OLC publication. 

Read more here.

FOIA News: IRS dropping search charge for records at Federal Records Centers

The Internal Revenue Service will no longer charge one-half of search time when a FOIA request seeks records that are maintained at a Federal Records Center, according to interim guidance issued by the agency on March 16, 2022.

FOIA News: FOIA Tech workshop on 3/31/22

FOIA TECH SHOWCASE FOLLOW UP WORKSHOP FOR AGENCIES

By DOJ/OIP, FOIA Post, Mar. 17, 2022

The Office of Information Policy (OIP) is pleased to announce a workshop for agencies as a follow up to the NextGen FOIA Tech Showcase held in February 2022.  During last month’s Showcase, 18 private-sector vendors convened virtually to share potential solutions for all aspects of FOIA administration.  Our follow-up workshop will offer government FOIA professionals a separate opportunity to share their experiences and ask questions about various technologies used by agencies for FOIA administration. 

The workshop will be held virtually on Thursday, March 31, 2022, from 1:00 – 3:00 PM EST.  A panel of agency representatives will discuss their experiences using different types of FOIA technologies, but attendees are encouraged to actively participate in asking questions and sharing their own experiences. 

This event is open to federal agency employees only.  Registration is required on Eventbrite.  All attendees must register by 11:59 PM EST on Tuesday, March 29, 2022.  Registered users will receive access instructions. 

FOIA News: Lawmakers ask GAO to review FOIA compliance

Grassley Joins Bipartisan, Bicameral Leaders Seek GAO Review Of FOIA Compliance At Federal Agencies

News Release, Office of Sen. Grassley, Mar. 16, 2022

Sen. Chuck Grassley (R-Iowa), Ranking Member of the Senate Judiciary Committee, joined Reps. Carolyn Maloney (D-N.Y.), Chairwoman of the Committee on Oversight and Reform, James Comer (R-Ky.), Ranking Member of the Committee on Oversight and Reform, Sen. Dick Durbin (R-Ill.), Chairman of the Senate Judiciary Committee, Sens. Patrick Leahy (D-Vt.) and John Cornyn (R-Texas) to send a letter to the Government Accountability Office (GAO) requesting that it conduct a comprehensive study of systemic issues faced by federal agencies in fulfilling their obligations under the Freedom of Information Act (FOIA).

“FOIA is crucial for ensuring transparency and accountability in government, but persistent challenges continue to limit citizens’ ability to access to information under the statute,” the members wrote.

Read more here.

FOIA News: Sen. Joni Ernst Introduces "The Watchdog Act"

Exclusive: Sen. Joni Ernst to introduce new bill to improve transparency in government

By Kristine Frazao, ABC4, Mar. 15, 2022

She is planning to introduce a new bill on Wednesday she calls "The Watchdog Act."

"It establishes a Director of Open Government, or DOG watchdog in the White House," said Ernst. "That position would be funded with already existing dollars that are at the Office of Management and Budget. This director would coordinate those activities and make sure citizens know where they can go to access information."

Read more here.

Sen. Ernst also published about the issue in an op-ed in Newsweek here.