The most recent quarterly meeting of NARA’s FOIA Advisory Committee (of which I’m a member) occurred last friday (12/6/19). You can watch the entire meeting as it was live-streamed on NARA’s YouTube channel (below).
I consider myself fortunate to be able to work with this committee — 1/2 of its members are FOIA officers at federal agencies, and 1/2 are from various parts of the requester community: academics, lawyers, FOIA activists and myself the lone librarian. The committee works to identify challenges that exist with the FOIA and then issues official recommendations to improve FOIA at the end of each term. For the 2018-2020 term, the committee has broken out into three subcommittees — Records Management (of which I’m a member), Time/Volume, and Vision — and we’ve been working diligently on recommendations for our final report. You can see in the links below what each of the subcommittees has chosen to focus in on to make FOIA better.
The committee is currently working on quite a few sticky issues, not least of which are “release to one release to all” — which was developed by the Obama administration in 2016 but is still “under consideration” by the Office of Information Policy (OIP) at the Department of Justice — as well as the 2 issues closest to my librarian heart, a central FOIA repository and FOIA documents in both human-readable and machine-actionable formats (draft recommendations 8 and 9 of the records management subcommittee).
- Time/Volume Subcommittee Proposed Recommendations to the 2018-2020 FOIA Advisory Committee
- Records Management Subcommittee Proposed Recommendations # 8 and 9 to the 2018-2020 FOIA Advisory Committee
- Vision Subcommittee Proposed Recommendations to the 2018-2020 FOIA Advisory Committee
- FOIA Officer Survey Results DRAFT – December 4, 2019
- FOIA Requester Survey Results DRAFT – December 4, 2019
I’d like to give a shout-out to tireless public open government advocate Alex Howard (formerly from Sunlight Foundation) who has shown up at each of our meetings and has given substantive input, comments and critiques during the public comment portion of each meeting and via live-blog and twitter during each meeting. We should have more advocates like Alex who not only keeps the government’s feet to the open-government fire but also gives positive, actionable policy and technical advice to achieve real advances in FOIA and government transparency generally.
In December 2016, President Obama also ordered the White House Office of Management and Budget (OMB) to make FOIA a “cross agency priority” goal. Unfortunately, the Trump administration removed the Cross Agency Priority Goal for FOIA on Performance.gov without notice.
An administration that’s serious about improving public access to our records and being good stewards of taxpayer dollars and public information would restore said goal, perhaps as a commitment in some sort of comprehensive “national action plan on open government.”
While the FOIA Advisory Committee is full of people working in good faith to improve how sunshine in government works for the public, this administration has reversed or neglected many of the open government policies or programs of the past decade and weaponized transparency through selective disclosures.
As has been the case for years, it falls to Congress to perform oversight of the FOIA and ensure that public access to public information continues to improve through implementation of the FOIA reforms President Obama signed into law in December 2016 and the open government bill President Trump signed into law in January 2019.
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