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Posting Policy for Public Comments

The Office of Government Information Services (OGIS) welcomes public comments in connection with its various public events that it holds throughout the year, including the OGIS Annual Open Meeting and meetings of the Freedom of Information Act (FOIA) Advisory Committee. (Please note that as of December 1, 2022, the Office of Information Policy (OIP) at the U.S. Department of Justice (DOJ) assumed responsibility for the Chief FOIA Officers Council webpage and posting of public comments to the Council.)  

The following policies apply to all public comments submitted to the FOIA Advisory Committee or for the OGIS Annual Meeting. Please use this form to submit your comments. We will review written comments and post comments that adhere to the guidelines below on the OGIS website. 

  • OGIS will post written comments without edits or redactions. This means that any business or personal information included in the correspondence such as names, addresses, e-mail addresses, and telephone numbers will be visible to the public. Submit only information that you wish to make available publicly.
  • Comments submitted for the OGIS Annual Open Meeting should pertain to the specific topics covered at that public meeting. For the OGIS Annual Open Meeting, we will accept written comments only 30 days before and 30 days after a scheduled meeting.
  • OGIS will not post comments that: 
    • contain abusive, vulgar, offensive, threatening, or harassing language;  
    • are personal attacks of any kind; 
    • use offensive terms that target specific individuals or groups;
    • are requests for assistance with individual requests or issues (requests for or concerns about specific FOIA requests and issues should be addressed to ogis@nara.gov);  
    • promote services or products; 
    • contain gratuitous links to products, services, or sites that are viewed as spam.
  • OGIS reserves the right not to post comments that do not adhere to these standards.
  • We will post public comments as Hypertext Markup Language (HTML). In creating HTML documents, we follow the accessibility requirements and standards of Section 508 of the Rehabilitation Act of 1973, (29 U.S.C. §794d).

Recommendations for Submitting Effective Comments

  • If the Committee or OGIS calls for comments on a specific document (such as a draft report or recommendation), please read the document in its entirety before submitting your comments. If you identify a concern with the document on which you are commenting, consider suggesting alternative language.
  • Comments that clearly identify and describe issue(s) are most useful to the Committee and OGIS.
  • Data and/or anecdotes drawn from your experience can help the Committee and OGIS understand your position on an issue. Wherever possible, include citations or links to relevant studies, articles, reports, or legal authorities that support your points.
  • Consider the pros and cons of your position and explain them. Consider the views and suggestions of others and respond to them with facts and reasons.
  • If you respond to the comments of others, identify the relevant comments in your response.
  • If you have credentials or experience that give you expertise in the topic on which you are commenting, explain what they are. If you are commenting on behalf of an organization, explain the nature and mission of your organization and your relationship vis-a-vis that organization.
  • To avoid confusion, please do not send multiple copies of the same comments. 
  • As the federal FOIA Ombudsman, OGIS also accepts non-public comments and questions on an ongoing basis. Individual non-public comments or questions related to specific FOIA requests or about the FOIA process may be submitted to ogis@nara.gov.

Direct Responses

We cannot respond to every comment individually. At our discretion, we may respond to the public comments we receive. Please contact us if you have any questions.

We offer the following table to guide you in submitting public comments. When submitting public comments, we request that you indicate the intended venue.

Venues for Submitting Public Comments
Venue: OGIS Annual Open Meeting FOIA Advisory Committee Chief FOIA Officers Council
Purpose: To present on the “review and reports” by OGIS. 5 U.S.C. § 552(h)(6) To study the federal FOIA landscape and recommend to the Archivist of the United States improvements to the administration of FOIA. To develop recommendations for increasing FOIA compliance and efficiency; disseminate information about agency experiences, ideas, best practices, and innovative approaches to FOIA; Identify, develop, and coordinate initiatives to increase transparency and compliance with FOIA; and promote the development and use of common performance measures for agency compliance with this section. (5 U.S.C. § 552(k)(5)(A))
Membership: Not Applicable No more than 20 individuals, including FOIA professionals  from federal agencies and non-governmental members, appointed by the Archivist of the United States for two-year terms in accordance with the charter of the FOIA Advisory Committee The Directors of OGIS and the Office of Information Policy (OIP) at the Department of Justice, the Deputy Director for Management of the Office of Management and Budget, agency Chief FOIA Officers, and any other officer or employee of the United States as designated by the co-chairs (OGIS and OIP Directors.)  (5 U.S.C. § 552(k)(2))
Public Comments Page: Public Comments Submitted for the OGIS Annual Open Meeting Public Comments Submitted to the FOIA Advisory Committee

Public Comments Submitted to the current Chief FOIA Officers Council website 

Archived Public Comments Submitted to the Chief FOIA Officers Council

 
Written or Oral Statements/Comments: OGIS shall at its annual meeting allow “interested persons to appear and present oral or written statements” 5 U.S.C. § 552(h)(6)

Any member of the public is permitted to file a written statement with the Committee in accordance with federal regulations governing all federal advisory committees. (41 CFR § 102–3.140(a)(3)). Any member of the public may speak to or otherwise address the Committee, (41 CFR § 102–3.140(a)(4)), if agency guidelines permit. The FOIA Advisory Committee By-Laws, Article 4 Subsection H, state that members of the public “may at the determination of the Chairperson, offer public comment during a meeting.” 

There is no requirement for the Committee to respond, either orally or in writing, to any person who submits comments although the Committee may respond at its discretion. There also is no requirement for the Committee to post submitted written comments to its website. OGIS’s posting policy states that comments “should be substantive commentary on topics pertaining to the Committee’s work.”

 “Not less frequently than annually, the Council shall hold a meeting that shall be open to the public and permit interested persons to appear and present oral and written statements to the Council.” (5 U.S.C. § 552(k)(6)(B)) There is no requirement for the Council to respond, either orally or in writing, to any person who submits comments, although the Council may respond at its discretion. There is no requirement for the Council to post submitted written comments to its website (although OGIS has done so in the past).

Disclaimer

The opinions expressed in public comments are those of the authors and may not reflect the official policy or position of the National Archives and Records Administration (NARA), OGIS, the FOIA Advisory Committee or the Chief FOIA Officers Council. We do not control or guarantee the accuracy or completeness of public comments we post on our website. See also NARA Privacy and Use Policies.

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