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FOIA Advisory Committee to meet October 21

National Archives Identifier: 6606170

Attention all readers! The FOIA Advisory Committee is gearing up for its second meeting later this month. (NARA Identifier 6606170)

The Freedom of Information Act (FOIA) Advisory Committee will meet on Tuesday, October 21, 2014. The meeting, which is open to the public, will discuss the FOIA issues on which the Committee has agreed to focus:  FOIA oversight and accountability, proactive disclosures, and FOIA fees. Speakers will include David Ferriero, Archivist of the United States; Miriam Nisbet, FOIA Advisory Committee Chair and Office of Government Information Services (OGIS) Director; and FOIA Advisory Committee Members.

Doors open at 9:30 a.m. for the meeting, which runs from 10 a.m. to 1 p.m. in Room 105 (the Archivist’s Reception Room) of the National Archives and Records Administration, 700 Pennsylvania Avenue, NW in Washington, D.C.

Although this meeting is open to the public, space limitations and access procedures require that individuals planning to attend register for the event via Eventbrite. Eventbrite registration for this event will go live on Tuesday, October 7, 2014 at 10 a.m.

Eventbrite - Freedom of Information Act (FOIA) Advisory Committee Meeting

The committee—comprised of 10 government members and 10 non-governmental members with considerable FOIA expertise—is mandated in the second Open Government National Action Plan (NAP) with studying FOIA across the government and advising on ways to improve it.

For questions about accessibility or to request accommodations, please contact Christa Lemelin at 202-741-5773 or foia-advisory-committee@nara.gov.

Learn more about the Committee at https://ogis.archives.gov/foia-advisory-committee.htm. Learn more about submitting questions and comments to the Committee at: https://ogis.archives.gov/foia-advisory-committee/contact-us-submit-comments.htm

OGIS’s Website – And We’re Back!

We resolved our issues with the OGIS website. We apologize for any inconvenience this may have caused you and we appreciate your understanding. If you’re still experiencing issues with our website, please let us know.

OGIS’s Website – We’re Working On It

Under construction: We are working hard to get back online (NARA identifier 5585740)

Under construction: We are working hard to get back online (NARA identifier 5585740)

Those of you who frequent ogis.archives.gov in the last day may have noticed that the website is not working properly in some browsers. We are aware of the issue, and we are working with our IT staff to fix the problem.

We apologize for any inconvenience this situation has caused you. Please bear with us — we will let you know when things are back to normal.

Happy Fifth Anniversary OGIS!

Tradition holds that fifth anniversary gifts are made of wood. Something like this traditional wooden ceremonial headdress, located at the Lyndon Baines Johnson Library and Museum, should do nicely. (National Archives Identifier: 192415)

Tradition holds that fifth anniversary gifts are made of wood. Something like this traditional wooden ceremonial headdress, located at the Lyndon Baines Johnson Library and Museum, should do nicely. (National Archives Identifier: 192415)

OGIS Director Miriam Nisbet opened our doors for the first time on September 9, 2009. Though it feels like those five years flashed by, we’ve accomplished quite a bit as one of the newest offices at the National Archives and Records Administration (NARA). Here are just a few of the achievements we’re celebrating this month:

  • We’ve helped resolve—and prevent—Freedom of Information Act (FOIA) disputes: Congress established OGIS to provide mediation services to resolve FOIA disputes between requesters and agencies. Director Nisbet found requests for mediation services waiting for her on the day she opened the office, and the demand for this service has remained extremely strong—around 4,000 requests for assistance, ranging from simple telephone and email inquiries to disputes requiring more structured facilitations. In providing mediation services, we advocate not for the requester or the agency but for the FOIA process.
  • We’ve reviewed FOIA practices: OGIS also is directed to review agencies’ FOIA policies, procedures and compliance. In our first five years, we’ve done this in a number of ways, including reviewing agency FOIA regulations (so far, we have reviewed about a quarter of all departments and agencies);  highlighting the agency best practices we see in our work; reviewing  and suggesting improvements to FOIA web sites and template letters; and working with agencies when we observe, through our mediation work, policies or procedures that are not consistent with FOIA law or policy, or that may be different from the practices occurring at other agencies.
  • We’ve trained others: OGIS staffers have made dozens of presentations about the importance of communicating with requesters and agency colleagues to resolve and prevent FOIA disputes. We also developed a day-long Dispute Resolution Skills for FOIA Professionals training program, through which hundreds of FOIA professionals have learned ways to resolve and avoid FOIA disputes.
  • We’ve made recommendations  for improving FOIA to Congress and the President: OGIS has issued 11 recommendations, five in April 2012 that we put together in our first years, four additional recommendations in 2013 and two in 2014. Seven of these recommendations require ongoing work by OGIS, including some in conjunction with agency partners and other stakeholders. Two recommendations focus on actions to be taken by other federal agencies. The remaining two recommend White House action.
  • We’ve reported on our work: OGIS has published an annual report each year that includes a detailed look at our accomplishments. Director Nisbet also testified before Congress every year on our observations, as well as our recommendations for improving FOIA.  We’ve recently begun posting the letters we send upon closing individual OGIS mediation services cases. The letters provide valuable insight into the kinds of cases we handle and how we resolve them.

So what do the next five years have in store for OGIS?  While we’ve learned to stay nimble and expect the unexpected, there are two efforts that we’re most excited about. First, we’re launching our expanded review program. Look for updates on our first reviews of agency FOIA programs in the coming weeks, with more to follow in FY 2015. Second, we’re focused on our role in the National Action Plan, particularly our support of the FOIA Advisory Committee. We can’t wait to see what this group of experts comes up with.

Finally, keep an eye out for an announcement of a special event celebrating OGIS’s first five years and the impact our office has had on the Federal FOIA landscape.

Thank you for your interest and support over the last five years. We look forward to continuing to serve as the Federal FOIA ombudsman.

 

Dancing Your Way Through Immigration Records

The Alien File, or A-File, of the late actress Elizabeth Taylor, shown here in 1986 with Bob Hope, is among the records available in the online reading room of U.S. Citizenship and Immigration Services. (NARA Identifier 6416844)

The Alien File, or A-File, of the late actress Elizabeth Taylor, shown here in 1986 with Bob Hope, is among the records available in the online reading room of U.S. Citizenship and Immigration Services. (NARA Identifier 6416844)

Interested in immigration records? You’re not alone. U.S. Immigration and Citizenship Services (USCIS) is on track to receive about 140,000 FOIA requests in the year ending September 20, 2014.

Top USCIS FOIA officials recently took time from overseeing records request processing to meet with requesters and FOIA professionals from other agencies, offering tips to requesters for obtaining access to records and to agencies for handling 600 (!) requests a day. USCIS officials also heard suggestions for improving the process.

OGIS Director Miriam Nisbet, who moderated the August 20, 2014 stakeholder meeting, noted that bringing requesters and agencies together betters the FOIA process for all. “We have an opportunity here to resolve disputes and indeed prevent disputes, which is what this meeting is all about,” she said.

Jill Eggleston, acting chief of staff for the USCIS National Records Center, informed requesters that USCIS maintains three tracks for processing FOIA requests:

  • Track 1 consists of requests for a specific document from an Alien file, or A-File, which documents a person’s contacts with the Federal government as she or he lives as an immigrant and/or strives to become a naturalized citizen. A request for a Certificate of Naturalization would fall into Track 1.
  • Track 2 consists of requests for an entire A-File, the average size of which is 218 pages.
  • Track 3 is an accelerated track and consists of requests from individuals who have a hearing pending before an immigration judge or their attorneys.

The majority of requests USCIS receives seek entire A-Files or a particular A-File document, which can include forms, correspondence, photos, news articles and information from other federal agencies, such as Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Department of State.

When an A-File contains records that originated at ICE or another agency, USCIS refers those documents to the originating agency for direct response to the requester by the originating agency. (USCIS has a memorandum of understanding (MOU) with CBP allowing USCIS to process CBP documents without referrals.) One participant suggested that USCIS allow FOIA professionals from other agencies to review referrals at USCIS to streamline the process that now involves sending records between agencies.

Form G-639 is not required to make a request to USCIS, but it is recommended.

If you’re interested in checking the status of your request or wish to know the average processing time for each track, USCIS’s FOIA web site provides such information and is updated daily.

Before you make a request, you may wish to check out the USCIS Electronic Reading Room. If a document has been requested two or more times or there’s a strong likelihood that it will be requested again, it’s a candidate for the reading room. Got suggestions for additions to the collection? Email your ideas to uscis.foia@uscis.dhs.gov.  

Other FOIA offices might be interested in USCIS’s Significant Interest Group (SIG), a team that handles non-A-File requests, which account for about 1,500 requests a year. Program managers who are tasked with searching for responsive documents are required to fill out a form documenting the search. The SIG teams issues monthly report cards to program offices based on the quality and timeliness of their responses. “It’s created a healthy competition among the program offices,” said Acting Deputy Chief of FOIA Roger Andoh.

Several suggestions for improving the USCIS FOIA process came up during the meeting, including making it easier for requesters to communicate with FOIA professionals and creating a fourth track to deal with data requests.

Mr. Andoh noted that his team provides requesters with the names, phone numbers and email addresses of the FOIA professionals processing the requests, and has facilitated calls between requesters and program managers to help the FOIA process.

Several requesters noted that it’s difficult to figure out which agencies have which records, especially since USCIS isn’t alone in the immigration landscape. Long-time readers of this blog may remember a five-part series of posts on immigration records:

Demystifying Immigration Records, Part 1
Ensuring Requests for A-Files are A-OK
ICE: A Source for Investigative Immigration Records
Immigration Records, Part 4: Customs & Border Protection Records
More on Immigration Records

USCIS plans to hold similar meetings and is aware that some folks were unable to connect with the number provided for the August 20, 2014 meeting. “We apologize for the inconvenience and we hope they will not be discouraged from participating in more engagements in the future,” Mr. Andoh said.