I’ve been very impressed with the research and thought that goes into the First Branch Forecast, the weekly newsletter focusing on transparency and governance issues being considered by Congress. There’s always something of interest in the newsletter, so I highly recommend that everyone subscribe.
One item of interest in a recent Forecast was about Congressional Budget Justifications (CBJs). In my work as a research librarian, Federal budget analysis, information and data are frequent requests as the Congressional appropriations process is about as clear as mud to most people – and I also *highly* recommend bookmarking the regularly updated CRS report “The Congressional Appropriations Process: An Introduction” to better understand the kabuki-like procedural elements that go into this process. So the FBF research into CBJs offers both insight into and problems with the budget process and access to the information and data that go into this annual rite. I’ll let them explain in detail, but please read the entire post and don’t forget to subscribe to the newsletter.
Congressional Budget Justifications (CBJs) are plain-language explanations of how an agency proposes to spend money it requests that Congress appropriate, but how easy is it for congressional staff and citizens to find these documents? Demand Progress surveyed 456 federal agencies and entities for fiscal years 2018 and 2019 and found:
7.5 percent of the 173 agencies with congressional liaisons, i.e., 13 agencies, published their CBJs online for only FY 2018 or FY 2019, but not both. (Agencies with congressional liaison offices routinely interact with Congress). If you exclude subordinate agencies whose reports traditionally are included in a superior agency’s reports, that figure becomes 3.3 percent, or 5 agencies, out of 152 agencies published a CBJ for FY 2018 or 2019. The failure of one agency to publish their report impacts a number of sub-agencies. Among the agencies/entities inconsistent in their reporting is the Executive Office of the President, which houses the Office of Management and Budget, the National Security Council, and the Office of the Vice President.
Happy Sunshine Week, the week where we celebrate government transparency, FOIA and all things open government information! There’s lots happening this week including the upcoming 1/2 day live and streaming celebration at the National Archives and Records Administration (NARA). But there’s also work to be done. Evidently, appropriators are holding up the smart, pro-transparency “HR 736 Access to Congressionally Mandated Reports Act” scheduled for a floor vote on Tuesday. Contact your Representative today and tell them to pass this important act!
There’s too much news happening this week to list it all — make sure to subscribe to the First Branch Forecast weekly newsletter published by Daniel Schuman and his crack team at Demand Progress to keep up to date! — but I did want to highlight the good news coming out of the LIBRARY of Congress. Slowly but surely, they’re expanding the number of Congressional Research Service (CRS) Reports being published on their site crsreports.congress.gov. They still don’t have the coverage of EveryCRSReport.com which includes 14,742 CRS reports (and still growing) but LoC is getting there so good on them. Celebrate Sunshine Week by leaving LoC a comment and contacting your Representative to tell them to vote for “HR 736 Access to Congressionally Mandated Reports Act”. Sunshine is the best disinfectant!!
Since launching, we’ve added hundreds of new reports and are working hard to include the back catalog of older CRS reports – a process that is expected to be complete later this month. Today, you can access more than 2,300 reports on topics ranging from the Small Business Administration to farm policy.
Starting this week, the Library is making additional product types available on the site. The site now includes In Focus products, which are two-page executive level briefing documents on a range of policy issues. For example, recent topics include military medical malpractice and the Temporary Assistance for Needy Families (TANF) Block Grant. Another newly-added product type is the Insight, which provides short-form analysis on fast moving or more focused issues. Examples of topics include volcano early warning systems and Congressional Member Organizations. Users can filter by product type using the faceted search on the left hand of the search results page.
Happy Sunshine week (well, technically it’s next week, March 10-16, 2019)! The National Security Archive did a massive FOIA audit which showed that FOIA delays and backlogs continue across federal agencies. the most interesting/disturbing to me were the requests that fell into a FOIA “referral black hole” where agencies refer to or consult with other agencies on “any FOIA request in which it feels another agency or agencies may possibly claim ownership of, or “equity” in, the information within the records.” These referrals often result in massive delays.
One of the easiest ways to better deal with these referral delays is to allow FOIA.gov‘s request form to be submitted to multiple agencies (or multiple units within agencies) if the requester feels that the question overlaps agencies. but If anyone has other good ideas for how agencies can more quickly deal with the “referral black hole” please send me an email at freegovinfo AT gmail DOT com.
Washington, D.C. March 8, 2019 – Five federal agencies have FOIA requests more than a decade old and one, the National Archives and Records Administration, has a FOIA request more than 25 years old, this according to a National Security Archive Audit released today to mark the beginning of Sunshine Week. The survey also found there is a correlation between agencies with the oldest FOIA requests and those with the largest FOIA backlogs.
The Archive Audit team parsed through the annual FOIA reports federal agencies are required to submit to the Department of Justice’s Office of Information Policy and found that while many agencies appear to have used new reporting requirements as a tool to address the oldest agency FOIA requests, others have let decades-old requests linger. The Archive used the Fiscal Year 2017 reports because they were the most comprehensive collection available at the time of publication due to the delay caused by the government shutdown, and will update this posting once the complete set of FY 2018 reports are available.
The key driver for FOIA requests that could be renting cars by now and growing backlogs is the “referral black hole.” Agencies currently refer or consult on any FOIA request in which it feels another agency or agencies may possibly claim ownership of, or “equity” in, the information within the records. This daisy chain of referrals can often result in decades-long delay, and the re-review of the same document by multiple agencies is redundant, costly, and inefficient.
This is yet another disturbing example of data loss documented by our friends at MuckRock. Evidently, a large amount of data from the Federal Energy Regulatory Commission (FERC) having to do with the infamous Enron Corporation has gone missing and even FERC staff do not know where it went.
How many examples will we need to post before libraries and archives get with the program and try and figure out ways to collect, archive, preserve and give access to born-digital information posted on .gov sites? And how does this particular example of data loss NOT happen again in the brave new world of open government data (aka H.R. 4174 the Foundations for Evidence-Based Policymaking Act of 2018 which was recently signed into law and described by Alex Howard)? If you’re as concerned as I am, you’ll contact FERC and request a copy of their data for your library.
Government investigations into California’s electricity shortage, ultimately determined to be caused by intentional market manipulations and capped retail electricity prices by the now infamous Enron Corporation, resulted in terabytes of information being collected by the Federal Energy Regulatory Commission. This included several extremely large databases, some of which had nearly 200 million rows of data, including Enron’s bidding and price processes, their trading and risk management systems, emails, audio recordings, and nearly 100,000 additional documents. That information has quietly disappeared, and not even its custodians seem to know why…
…While terabytes of information has disappeared, up to 4,516 documents remain available through a pair of predefined searches of FERC’s eLibrary. While FERC claims that they, not Lockheed Martin or CACI, do offer a trio of Enron datasets on CD, FERC has not responded to repeated requests for these datasets sent over the past two months.
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:
- 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.”
- place monthly limits on the number of requests per month from frequent requesters.
- Make it more confusing and difficult to submit requests (eg it’s unclear whether requests will be accepted via email in the new regs).
- 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.”
- 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.)