2024-2026 Term Subcommittees

Mission Statement

The goal of the 2024-2026 Implementation Subcommittee (“the Subcommittee”) is to increase the adoption and integration of past FOIA Advisory Committee Recommendations. To this end, the Subcommittee seeks to build upon the groundwork and progress made in the last term by the 2022-2024 Implementation Subcommittee. It will review select past recommendations of the five previous terms of the FOIA Advisory Committee and evaluate their implementation within agencies themselves, focusing on barriers to implementation. 

The Subcommittee will focus on recommendations with both the greatest immediate executive branch-wide impact, or impact targeted to specific agencies, considering their practical achievability as well as value to the requester community. In undertaking its efforts, the Subcommittee may use a variety of methodologies, including interviewing agency personnel, conducting surveys to receive input both from agency FOIA staff and interested members of the public, inviting individuals to report to the full FOIA Advisory Committee, and reviewing responses agencies provide in their 2025 Chief FOIA Officer (CFO) Reports. End products might include:

1. Providing a summary of previous work by topic to avoid duplication of efforts in future terms. 
2. Communicating with the Archivist, agencies, Congress, the requester community, and the public on effectiveness of recommendations and actions taken, focusing on select recommendations and providing additional guidance and suggested actions. 
3. Highlighting examples of positive outcomes to aid and inspire FOIA officers.
4. Making recommendations on improving future communications by OGIS and OIP to agencies, the public, requesters, and the press, to maximize both (i) compliance with existing recommendations, and (ii) the impact of the FOIA Advisory Committee’s work in making future recommendations.
5. Fostering dialogue between the Administration and the requester community and soliciting public comments.

Statutory Reform Subcommittee

Co-Chairs - Ryan Mulvey, Americans for Prosperity Foundation, and Whitney Frazier-Jenkins, Pension Benefit Guaranty Corporation

Mission Statement

The Statutory Reform Subcommittee is developing concrete recommendations for how Congress can amend the FOIA to improve the requesting experience, address agency processing challenges, and better achieve the goal of open and transparent government in a digital world.  The subcommittee’s efforts are divided between three working groups—each of which focuses on different areas of possible reform.  By bringing together legal experts, advocates, and government officials, these working groups aim to propose compelling improvements to the FOIA.

• Transparency Obligations 

The Transparency Obligations Working Group is exploring possible reforms to substantive obligations regarding materials subject to the FOIA’s mandatory disclosure provisions.   It will also examine the scope of the statute’s nine exemptions and possible modifications thereto that would promote the aims of FOIA and the scope of affirmative (or proactive) disclosure obligations.  Put differently, this group is primarily concerned with what is required to be disclosed, rather than the mechanics of disclosure or enforcement of disclosure obligations.

• FOIA Processing

The FOIA Processing Working Group is committed to addressing the challenges surrounding efforts to process FOIA requests, including the impact of litigation on agency resources (e.g., attorney’s fees), the administration of requester fees, and the application of statutory exemptions.  The group will strategically examine these complexities to enhance transparency and accessibility in government information requests.

• Enforcement Models

The Enforcement Models Working Group is examining approaches to improving the enforcement of FOIA beyond the current system of judicial review.  That includes exploring independent information commissions, judicial review reform, and other forms of dispute resolution, such as special jurisdiction courts, the Government Accountability Office, and inspectors general.  The working group also will attempt to identify opportunities for feasibility studies to unpack the ramifications of different enforcement models.

Volume and Frequency Subcommittee

Co-Chairs - Nieva Brock, Department of Defense, Defense Intelligence Agency and Nick Wittenberg, Armedia 

Mission Statement

Purpose: The Volume and Frequency Subcommittee is tasked with examining the challenges that arise from the increasing volume and complexity of Freedom of Information Act (FOIA) requests. As the demand for government transparency grows, agencies receive increased quantities of requests that often involve extensive and diverse data sets. This places significant pressure on FOIA processing and response capabilities.

Goal: The Subcommittee aims to identify strategies and best practices to help agencies more efficiently manage the volume and frequency of FOIA requests. This includes exploring technological solutions, procedural improvements, regulatory/statutory changes, and resource allocation strategies to streamline FOIA processes and reduce backlogs. The goal ultimately includes maintaining high standards of transparency and accountability in the administration of FOIA.