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Breaking down the Department of the Interior’s proposed changes to FOIA. COMMENTS DUE 1/28/2019

Russ Kick of AltGov2 is again on the FOIA case. This time he’s analyzed the Department of Interior’s proposed changes to their FOIA regulations (and helpfully cobbled together the current regulations with DoI’s proposed changes). Comments on the proposed changes can be submitted electronically by JANUARY 28, 2019. Here’s the current regulations and the proposed rules changes posted to regulations.gov.

Here’s my own take on this. Department of Interior’s reason for updating its FOIA regulations is that they’ve had “Exponential increases in requests and litigation.” From Fiscal Year (FY) 2016 to FY 2018, incoming FOIA requests to the Department increased 30 percent (from 6,428 to over 8,350). So it would make sense that they’d want to update their regulations to deal with the exponential increase in requests. But instead of requesting more staff to deal with the increase in requests or look for ways to proactively release more records, their proposed changes:

  1. look to expand the definition and reasoning of “burdensome” requests that can be denied. “The bureau will not honor a request that requires an unreasonably burdensome search or requires the bureau to locate, review, redact, or arrange for inspection of a vast quantity of material.”
  2. place monthly limits on the number of requests per month from frequent requesters.
  3. Make it more confusing and difficult to submit requests (eg it’s unclear whether requests will be accepted via email in the new regs).
  4. No longer refer or forward mistakenly directed requests. “A request to a particular bureau or a particular bureau component (for example, a request addressed to a regional or field office) will be presumed to seek only records from that particular bureau or particular component and will not be forwarded to another bureau or component.”
  5. Change “time limits” to “time frames,” making the time to fulfill requests more squishy and undefined.

There’s probably more buried in this request. Check out Russ’ analysis at MuckRock. And PLEASE send comments to Department of Interior about their proposed changes. Comments on the proposed changes can be submitted electronically by JANUARY 28, 2019.

The Department of the Interior wants to drastically change how it deals with Freedom of Information Act requests. To do that, it had to make a proposal, published in the Federal Register, that the public can comment on for 30 days. In theory, it has to consider this input before finalizing any changes to its FOIA regulations.

That proposal was published on December 28th, 2018, which is 1) a Friday 2) in the middle of the week between Christmas and New Year’s Day 3) during a government shutdown. Any one of those is a tried-and-true way to slip something past the public, but all three simultaneously? That is the trifecta of bureaucratic underhandedness.

So, now that the holidays are behind us for another year, let’s take a look at Interior’s FOIA wishlist, which is primarily designed to hobble requesters and solidify the department’s power. (To make it easier to see the many changes Interior wants, I’ve created a redline version of their currently FOIA regulations, with added language in bold and deletions in strikethrough, which you can see here.)

via Breaking down the Department of the Interior’s proposed changes to FOIA • MuckRock.

CC BY-NC-SA 4.0 This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.


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