FOIA News: HUD Refuses To Release Secretary Marcia Fudge's Email Address

HUD Refuses To Release Secretary Marcia Fudge's Email Address in Response to Reason FOIA Request

By C.J. Ciaramella, Reason, Jan. 9, 2024

Want to know Department of Housing and Urban Development (HUD) Secretary Marcia Fudge's government email address? Too bad, it's a secret.

In response to a Freedom of Information Act (FOIA) request from Reason, HUD released a list of email addresses for all political appointees—with two exceptions. The agency redacted HUD Secretary Marcia Fudge and Deputy Secretary Adrianne Todman's addresses, citing an exemption from releasing any records that would "constitute a clearly unwarranted invasion of personal privacy."

Read more here.

FOIA News: Agencies Not Keeping Up with FOIA Requests, Report Shows

Agencies Not Keeping Up with FOIA Requests, Report Shows

By Staff, FEDweek, Jan. 3, 2024

A backlog of Freedom of Information Act requests pending at federal agencies “continues to persist, indicating that agencies are not keeping pace with the number of requests received” despite increasing use of exemptions that allow agencies to simply deny requests, the Congressional Research Service has said.

The backlog grew from about 131,000 to about 207,000 over fiscal 2018-2022, it said, despite 2014 recommendations from a special advisory committee of the National Archives and Records Administration to address backlog issues such as including FOIA performance standards in employee appraisals, centralizing FOIA request processing, and adding support staff.

Read more here.

FOIA News: “AI is in everything these days”

FOIA, AI and the State Department

State Department pilots AI FOIA decision-making

By Max Eichelberger, Maximum Disclosure, Jan 2, 2024

I try to keep the substack on a few distinct topics: FOIA litigation, historically significant disclosures, and even a few practice pointers. AI is not one the subjects, but AI is in everything these days. Recently, the subject of AI came up at the Chief FOIA Officers Council meeting.

Read more here.

FOIA News: CRS updates FOIA fact sheet

On December 22, 2023, the Congressional Research Service updated a three-page report entitled “The Freedom of Information Act (FOIA): An Introduction.”

FOIA News: Federal Reserve banks adopt records disclosure policy

Fed’s 12 regional banks adopt records transparency policy

The policy, released by the New York Fed, will be effective Jan. 1 and “seeks to simplify and standardize the Federal Reserve Banks’ public information request process,” the central bank said.

By Rajashree Chakravarty, Banking Dive, Dec. 22, 2023

The 12 regional Federal Reserve banks announced Thursday the adoption of a new common policy promoting transparency and accountability for media and public records requests, effective Jan. 1, 2024.

Unlike the Fed’s Board of Governors, which falls under the U.S. government’s purview, the Fed’s regional banks have not previously been subject to Freedom of Information Act requests.

The policy released by the New York Federal Reserve noted that, unless otherwise exempt, records created on or after Jan. 1, 2024, “will be published or provided upon request.”

Read more here.

FOIA News: OMB to amend FOIA and Privacy Act regulations

The Office of Management and Budget will amend both its Privacy Act and FOIA regulations, “notably with regard to identity verification,” according to a proposed rule published in the Federal Register on December 20, 2023. Comments will be accepted through January 19, 2023.

FOIA News: OGIS wish list diplomatically omits "a bigger budget"

OGIS 2023 Holiday Wish List

By Office of Gov’t Info. Serv., FOIA Ombudsman, Dec. 20, 2023

Last year we shared our OGIS Holiday Wish List here on The FOIA Ombudsman. The jolly man from the North Pole did not bring us our wishes, so we are revising it to reflect upon what OGIS has encountered over the past year. As we look to 2024 these wishes would go a long way toward improving the FOIA processes for both requesters and agencies. 

Read more here.

FOIA News: Nominate the worst agency of 2023

There’s still time to nominate an agency for the “Foilies,” to shine light on those who are involved in all sorts of transparency-thwarting.

FOIA News: D.B. Cooper's Clip On Tie Not an Agency Record

D.B. Cooper's Clip On Tie

By Legal Profession Prof, Legal Profession Blog, Dec. 14, 2023

The United States District Court for the District of Columbia (Judge Cobb) denied a FOIA request, holding that D.B. Cooper's removed tie is not an "agency record."

Holding

For this case, however, it suffices to say that to call a clip-on necktie an “agency record” is not reasonable.

Read more here.

Read the decision here.

FOIA News: Chief FOIA Officers Council Meeting Showcases the Use of Advanced Technologies in FOIA

Chief FOIA Officers Council Meeting Showcases the Use of Advanced Technologies in FOIA

Office of Information Policy, Dec. 14, 2023

The Chief FOIA Officers (CFO) Council met virtually on November 9, 2023.  Associate Attorney General of the United States Vanita Gupta welcomed attendees, thanked agencies for their work on FOIA reporting, and highlighted the new Search Tool on FOIA.gov that will improve the public’s ability to search for previously released FOIA records and to identify appropriate agencies for new FOIA requests.  In previewing the agenda, the Associate Attorney General highlighted the use of technology such as artificial intelligence (AI) to increase automation in record processing as an emerging and promising area, but emphasized the importance of ensuring that there is sufficient human monitoring and that appropriate safeguards are established so that the government is operating consistent with our obligations under FOIA.  Deputy Archivist Debra Steidel Wall from the National Archives and Records Administration also welcomed attendees and emphasized the importance of FOIA as a crucial part of ensuring transparency and accountability.

Read more here.