Category: FOIA

RELEASE: NMOG Statement on the Open and Responsive Government Act of 2019

Posted onAuthorMelissa Wasser

On Tuesday, July 23, 2019, Senators Charles Grassley (R-IA), Patrick Leahy (D-VT), John Cornyn (R-TX), and Diane Feinstein (D-CA) introduced the “Open and Responsive Government Act of 2019,” which seeks to reverse the United States Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media, which unnecessarily broadened what is deemed “confidential” under Exemption 4 of the Freedom of Information Act (FOIA). In support of the bill’s introduction, the News Media for Open Government (NMOG) made the following statement: NMOG Statement on the Open and Responsive Government Act of 2019 Contact: Melissa Wasser, Coalition DirectorNews Media for Open Government(202) [More]

RELEASE: NMOG Statement on the FMI v. Argus Leader Decision

Posted onAuthorMelissa Wasser

On Monday, June 24, 2019, the United States Supreme Court issued a 6-3 decision in Food Marketing Institute v. Argus Leader Media. In response, the News Media for Open Government (NMOG) has made a statement, which you can read here. NMOG Statement on FMI v. Argus Leader Contact: Melissa Wasser, Coalition DirectorNews Media for Open Government(202) 795-9317mwasser@foropengov.org@foropengov

BREAKING: Rep. Elijah Cummings Receives the 2019 Sunshine in Government Award

Posted onAuthorMelissa Wasser

2019 Sunshine in Government Award Given to House Oversight Chairman Elijah Cummings for His Leadership in Strengthening FOIA and Open Government As our nation celebrates Sunshine Week, News Media for Open Government is pleased to honor House Oversight Committee Chairman Elijah Cummings (D-Maryland) as the 2019 recipient of the Sunshine in Government Award for his leadership and commitment in fostering openness in government that better serves our nation’s citizens. The award was announced on March 8th at the Newseum Institute’s Freedom of Information Day Conference in Washington, D.C. The Sunshine in Government Award was created to honor individuals who have [More]

With first Advisory Opinion, FOIA Ombud picks up vital tool to make FOIA work better

Posted onAuthorRick Blum

The Office of Government Information Services today issued its first advisory opinion on a FOIA matter. Today’s advisory opinion, and the many we hope will follow, is important for OGIS to help prevent and resolve disputes and make FOIA work better. The purpose of advisory opinions is to provide clear direction to agencies and requesters on how FOIA’s requirements should be interpreted to prevent future disputes, similar to the way the Office of Government Ethics makes public its advice to agencies and government employees who request OGE’s help interpreting ethics laws. Back when we were advocating for the creation of OGIS [More]

Border Wall bill contains FOIA exemption for building wall, maintaining border

Posted onAuthorRick Blum

The revised draft of the Border Security for America Act of 2017 (H.R. 3548), to be considered by the House Homeland Security and Government Affairs Committee as soon as today,  would shield from public scrutiny and accountability ongoing law enforcement activities along the border. The Freedom of Information Act is one of dozens of laws that would not apply to border activities, including construction and maintenance of the border wall and ongoing efforts to stop illegal border crossings. As Kevin Goldberg writes for the American Society of News Editors (an NMOG member), the impact would be broad: The public and press would [More]

FOIA: The Ombudsman Needs to Grow

Posted onAuthorRick Blum

When Congress improved FOIA last year, it built in some growing pains for the Office of Government Information Services (OGIS). Today, we’re seeing those pains in longer than usual waits for replies from OGIS. The office has reportedly been inundated with requests for assistance as FOIA requesters navigate FOIA. In response, they’ve had to triage the Office’s response to help requests. OGIS was never intended to add another level of waiting to the FOIA process, but FOIA reformers in Congress knew growing pains were inevitable. To fulfill its mission, OGIS will have to become bigger than its current size to [More]

Pentagon (again) seeks help from Congress to keep tactics secret

Posted onAuthorRick Blum

Pentagon hopes Congress will protect tactics, techniques and procedures from disclosure. Military also seeks to protect rules of engagement. Public interest in disclosure could outweigh confidentality, but military gets to decide in Pentagon’s proposal. Defense Department is hoping the third time’s the charm as it once again asks for the authority to withhold from the public certain military tactics, techniques and procedures , the disclosure of which would give an adversary an advantage. The proposal (Sec. 1003 of DoD’s draft legislation), which the Defense Department would like included in the defense authorization bill for fiscal year 2018, is narrower than [More]

Cosmetics manufacturing bill (H.R. 575) hides adverse events

Posted onAuthorRick Blum

Rep. Pete Sessions (R-Tx.) has introduced legislation that appears to allow cosmetics manufacturers to keep product complaints reported to the federal government secret. The legislation (H.R. 575), appears to allow the executive branch wide latitude to determine through regulation what agencies must require manufacturers to disclose publicly. “(g) List.—The Secretary shall compile and maintain an up-to-date and publicly available electronic list of cosmetics and ingredients for which statements are submitted under this section. A statement submitted pursuant to this section shall not be subject to disclosure under section 552 of title 5, United States Code. The Secretary may make publicly [More]

CFTC Reauthorization (H.R. 238) includes a FOIA exemption

Posted onAuthorRick Blum

Legislation approved on January 12 by the full House of Representatives to reauthorize the Commodity Futures Trading Commission (H.R. 238) contains an exemption to disclosure under federal FOIA for information CFTC may “asertain” regarding complicated trading structures known as commodity pools and client accounts. As introduced, the legislation required that the information be treated as investigative material. CFTC could publish aggregated information the disclosure of which would not identify “any person or firm, or such person’s proprietary information.” On its face, the exemption appears to cover a broad amount of information, including: “(A) the commodity trading advisor, commodity pool operator or the trading strategies of [More]

Implementing FOIA a test of new administration, 2016 FOIA Amendments

Posted onAuthorRick Blum

The incoming Trump administration has a narrower window for affecting how agencies implement their obligations under the federal Freedom of Information Act (FOIA) than previous presidents, however each administration sets the tone for disclosure decisions in cases where agencies have discretion. With the enactment of the FOIA Improvement Act of 2016, Congress wrote into law an explicit requirement that agencies disclose information requested under FOIA unless they foresee a harm to a protected interest, such as national security or personal privacy. While the new administration cannot change the presumption of openness by executive action alone, it can influence what agencies do (or don’t do) when [More]