Public Comments Submitted by Robert Hammond on May 19, 2022
SUBJECT: Posting FOIA Logs. Tech Committee Recommendation #2.
BACKGROIUND.
The FOIA Ombudsman characterizes the approved recommendation as:
“The second part of this recommendation ENCOURAGES regular and proactive publication of searchable FOIA logs on agency websites. Agency FOIA logs should contain, at a minimum, each of the following fields in either Excel or CSV format: …”
Whereas the approved recommendation does not “encourage” but appears to require posting of logs:
“2. We recommend that agencies proactively publish FOIA logs in the agency’s electronic reading room (often referred to as FOIA Libraries) on an ongoing basis, at least quarterly. Agencies should allow for the full text searching of FOIA logs. To be most useful, agency FOIA logs should contain, at a minimum, each of the following fields in either Excel or CSV format, in preference to PDF:”
ISSUE.
Quarterly FOIA report statistical data and FOIA annual report raw data is massively false as is the data in FOIA.gov. Requiring posting of FOIA logs will straighten this out over time, allowing contemporaneous audit, review, and complaints from requesters regarding massive, widely known inaccuracies. It will also allow DOJ OIP and others to assess the accuracy of annual FOIA reports.
I have already given OGIS and DOJ OIP, as well as Agencies’ leaderships, countless examples of massively false FOIA reporting. Nothing has been done. Massive, long-standing, widely-known false FOIA reporting continues unabated. I am prepared to dump into the public domain 1,000 additional instances of false FOIA reporting and/or malfeasance.
QUESTION FOR NEXT MEETING.
Please address this matter at the next FOIA Advisory Committee meeting as part of the agenda. If this is not already interpreted as a requirement, just as posting annual FOIA report raw data is required, I suggest a vote on that issue.
In any case, what is the implementing mechanism? What are DOJ OIP and OGIS doing to effectuate posting FOIA logs and when will this be implemented?
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QUESTION FOR NEXT MEETING.
One word answer to the question I posed at the last meeting. What is the FY 2023 dollars budget amount that OGIS needs to effectively execute its dual mediation and FOIA compliance oversight missions
QUESTION FOR NEXT MEETING.
One word answer to the question I posed at the last meeting. What is the FY 2013 dollars budget amount that DOJ OIP needs to execute and FOIA compliance oversight mission and other assigned missions?
ACTION I PLAN TO TAKE.
Beginning with the senators participating in the March 29, 2022 Senate Judiciary FOIA Oversight Hearings that declared FOIA compliance and oversight non-existent, I intend to contact every senator and ask that they oppose the President’s DOJ and NARA nominations (including Archivist of the US) until NARA and DOJ provide executable plans and funding to effectively execute their FOIA responsibilities in FY 2023 and beyond and until DOJ and NARA OIGs complete audits of DOJ OIP and OGIS mission effectiveness and required funding levels. I have worked extremely hard to lobby for increased funding over the past year, all the while DOJ OIP and OGIS have done nothing apparent to advance their own causes and the American citizens are paying tan enormous price.
This must change.
With my deep respect,
Robert Hammond