[PPT] - Office of Government Information Services (OGIS) Annual Open PowerPoint Presentation

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NATIONAL ARCHIVES NATIONAL ARCH IVES AND RECORDS ADMINISTRATION

Office of Government Information Services (OGIS)

Annual Open Meeting July 20, 2020

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OFFICE •/ GOVERNMENT INFORMATION SER.VICES

OF FICE of GOVERNMENT

I FORM.A IO S ·RVIC1 S The Freedom of

Information Act Ombudsman

2020 REPORT FOR FISCA L YEAR 2019

https://www.archives.gov/files/ogis/assets/ogis- 2020-annual-report-for-fy-2019.pdf

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NATIONAL ARCHIVES NATIONAL ARCH IVES AND RECORDS ADMINISTRATION

Discussion of 2018-2020 Freedom of Information Act Advisory Committee Final Report and Recommendations July 20, 2020

Jason R. Baron, Faegre Drinker LLP, Panelist Patricia A. Weth, NLRB, Panelist Kirsten B. Mitchell, NARA, Moderator

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The FOIA Advisory Committee charter:

No more than 20 individuals from inside & outside

government

Study FOIA landscape across the executive branch
Make recommendations to the Archivist of the United

States

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FOIA Advisory Committee materials, including members, available at https://www.archives.gov/ogis/foia-advisory- committee/2018-2020-term/

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Time/Volume Subcommittee Co-Chairpersons:

Emily Creighton, American Immigration Council Bradley White, Department of Homeland Security

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Vision Subcommittee Co-Chairpersons:

Joan Kaminer, Environmental Protection Agency Chris Knox, Deloitte

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Records Management Subcommittee Co-Chairpersons:

Jason R. Baron, Faegre Drinker LLP Ryan Law, Department of the Treasury

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Records Management Subcommittee Recommendations

Jeffrey Beall, licensed under CC BY-ND 2.0.

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THE FOIA AND THE FEDERAL RECORDS ACT

BRIDGING THE GAP BETWEEN “SILOS”

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Recommendation 4

Improving Training

“We recommend that the National Archives and the Office of Information Policy offer targeted training in selected topics in federal records management to FOIA

fficers and FOIA Public Liaisons in federal agencies,

and otherwise include a FOIA module in selected records management training courses open to all federal employees.”

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Recommendation 2

Enhancing Online Access

“We recommend that the Office of Information Policy issue guidance to require agencies to include records management-related materials as part of agency websites and FOIA handbooks maintained pursuant to FOIA.”

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Recommendation 3

Enhancing Online Access

“We recommend that agencies work towards the goal of collecting, describing, and giving access to FOIA-released records in one or more central repositories in standardized ways, in addition to providing access on agency websites.”

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Recommendation 9

Raising the Profile of FOIA within Agencies

“We recommend that the National Archives and Records Administration incorporate and further develop the idea of public access to federal records, including through FOIA, as part of the NARA’s Federal Electronic Records Modernization Initiative.”

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Recommendation 18

“We recommend that the Chair of the Council

f the Inspectors General on Integrity and

Efficiency consider designating as a cross- cutting project or priority area the issue of how successful agencies are in providing FOIA access to agency records in electronic or digital form.”

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BRINGING NEW LEARNING AND NEW DISCIPLINES INTO FOIA

Machine Readable Docs E-discovery Search Chief Data Officer

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Recommendation 12

Embracing New Technologies

“We recommend that agencies release FOIA documents to the public on their FOIA websites and in FOIA portals in open, legible, machine-readable and machine-actionable formats, to the extent feasible.”

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Recommendation 11

Embracing New Technologies

“We recommend that the Office of Information Policy provide further guidance on the use of e- discovery tools to assist agencies in meeting their

bligations to conduct an adequate search of

electronic records, including but not limited to email in Capstone repositories.”

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Recommendation 10

Raising the Profile of FOIA within Agencies

“We recommend that the National Archives and Records Administration and the Office of Information Policy each establish a liaison with the newly created Chief Data Officer Council, for the purpose of ensuring that Council

fficials understand the importance of federal

recordkeeping and FOIA requirements and how such laws apply to the maintenance of data within agencies.”

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RECOMMENDATIONS FROM THE TIME/VOLUME SUBCOMMITTEE

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Recommendation 5

Improving Training

“We recommend that the Office of Information Policy issue guidance requesting agencies to provide annual mandatory FOIA training to all agency employees, as well as provide FOIA training to all new agency employees and contractors

nboarding with an agency, including program-specific training if
applicable. We further recommend that the Office of Government

Information Services and the Office of Information Policy undertake a study of agencies’ current FOIA training requirements and content.”

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Recommendation 1

Enhancing Online Access

“We recommend that the Office of Government Information Services undertake an assessment of the information agencies make publicly available on their FOIA websites to facilitate the FOIA filing process and for the purpose of informing further guidance by the Office of Information Policy on how agencies may improve online descriptions of the process.”

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Recommendation 13

Embracing New Technologies

“We recommend that agencies conduct a comprehensive review of their technological and staffing capabilities within two years to identify the resources needed to respond to current and anticipated future FOIA demands.”

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Recommendation 14

Providing Alternatives to FOIA Access

“We recommend that the Office of Government Information Services and the Office of Information Policy have agencies identify common categories of records requested frequently under the FOIA and/or Privacy Act by or on behalf of individuals seeking records about themselves, for the purpose of establishing alternative processes for providing access to these records to requesters in a more efficient manner than the FOIA.”

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Recommendation 15

Providing Alternatives to FOIA Access “We recommend that agencies provide for the dissemination of information outside of the FOIA, including in online databases where members of the public may access commonly requested types of documents.”

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Recommendation 8

Raising the Profile of FOIA within Agencies

“We recommend that the Office of Information Policy collect information as part of each agency’s Chief FOIA Officer Report regarding Standard Operating Procedures for the processing of FOIA requests to increase public transparency and to encourage agencies to improve their internal processes.”

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RECOMMENDATIONS FROM THE VISION SUBCOMMITTEE

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VISION Subcommittee Mission Statement

The Vision Subcommittee’s mission is to provide a strategic plan to achieve a shared vision of the Freedom of Information Act (FOIA) over the next 10 years. The Vision Subcommittee recognizes the benefits and value of freedom of information and FOIA’s role as an essential part of a functioning democracy. This strategic plan includes raising the priority of FOIA within the Executive Branch, reconsidering the model of the Office of Government Information Services (OGIS) within the FOIA community, increasing accountability for FOIA and transparency, managing expectations between agencies and the requester community, and stressing the need for increased and continued financial support for agency FOIA programs.

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Recommendation 6

Improving Training

“We recommend that the Office of Government Information Services and the Office of Information Policy assist agencies in establishing briefings for senior leaders during transition to a new administration or any change in senior leadership, for the purpose of providing a thorough understanding of their agency’s FOIA resources, obligations, expectations during the FOIA process, as well as on matters of records management.”

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Recommendation 7

Raising the Profile of FOIA within Agencies

“We recommend that the Office of Government Information Services and the Office of Information Policy examine the FOIA performance measures used in Agency Performance Plans and Reports to encourage agencies to include FOIA in their performance plans. We further recommend that OGIS submit the results of its assessment and any recommendations to Congress and the President, in accordance with 5 U.S.C. § 552(h)(5).”

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Recommendations for the Chief FOIA Officers Council

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Recommendation 17

“We propose that the Chief FOIA Officers Council recommend that agency leadership annually issue a memorandum reminding the workforce of its responsibilities and obligations under the FOIA and encouraging the workforce to contact the agency’s FOIA Officer for assistance with the FOIA process.”

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Recommendation 16

“We recommend that the Chief FOIA Officers Council create a committee for cross-agency collaboration and innovation to:

Research and propose a cross-agency grant program and
ther revenue resources for FOIA programs;
Review and promote initiatives for clear career trajectories

for FOIA professionals, building on the Government Information Specialist job series and in coordination with existing agency efforts; and

Explore and recommend models to align agency resources

with a commitment to agency transparency.”

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Recommendations for Congress

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Recommendation 19

“We recommend that Congress engage in more regular and robust oversight of FOIA and the long- standing problems with its implementation; encourage Congress to hold more hearings, establish a more regular and coordinated stream of communication and inquiries to agencies around FOIA issues; and strengthen the Office of Government Information Services with clearer authority and expanded resources. ”

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Recommendation 20

“We recommend that Congress directly address the issue of funding for FOIA offices and ensure that agencies receive and commit sufficient dedicated resources to meet their legal

bligations to respond to FOIA requests in a

timely manner both today and in the future.”

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Recommendation 21

“The Archivist of the United States should continue to take a leadership role in ensuring that ongoing and future federal data strategies incorporate existing FOIA access and federal recordkeeping policies.”

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Recommendation 22

“The Archivist should work with other governmental components and industry in promoting research into using artificial intelligence, including machine learning technologies, to (i) improve the ability to search through government electronic record repositories for responsive records, and (ii) identify sensitive material for potential segregation in government records, including but not limited to material otherwise within the scope of existing FOIA exemptions and exclusions.”

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FOIA Advisory Committee meeting materials, including public comments, available at https://www.archives.gov/ogis/foia-advisory- committee/2018-2020-term/meetings

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Questions?

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PUBLIC COMMENTS

gisopenmeeting@nara.gov
Lt. Col. T. Arter, Public Relations Officer, U.S. Army and Lt. Col. Donald M. Schoor

answer questions for members of the visiting Foreign Press Association, during their tour

f American troops in Northern Ireland. (NARA Identifier 148727114)

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