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Chief FOIA Officers Council Meeting Minutes – April 29, 2021

Chief FOIA Officers Council Meeting Minutes
April 29, 2021

The Chief FOIA Officers (CFO) Council Meeting convened virtually at 9:30 AM on April 29, 2021.  A livestream video of the meeting was made available, and in accordance   with 5 U.S.C. § 552(k)(6)(B), the meeting was open to the public “permit[ting] interested persons to appear and present oral and written statements to the Council.”

All meeting materials are available on the Office of Information Policy’s (OIP) and Office of Government Information Services’ (OGIS) websites at: https://www.justice.gov/oip/chief-foia-officers-council and https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council.

Speakers:

David S. Ferriero, Archivist of the United States, National Archives and Records Administration (NARA)

Bobby Talebian, Director, OIP, Department of Justice (DOJ), Council Co-Chair

Alina M. Semo, Director, OGIS, NARA, Council Co-Chair

Michael Sarich, Veterans Health Administration, Council Technology Committee Co-Chair

Eric F. Stein, Department of State, Council Technology Committee Co-Chair

Michael C. Bell, U.S. Department of Transportation, Council Committee on Cross-Agency Collaboration and Innovation (COCACI) Co-Chair

Abioye Mosheim, U.S. Consumer Product Safety Commission, COCACI Co-Chair

Ted Kaouk, Chief Data Officer (CDO) Council Chair

Daniel Morgan, CDO Council Vice-Chair

Introduction

  • The meeting opened at 9:30 AM.  Ms. Semo and Mr. Talebian welcomed everyone to the meeting, briefly outlined the agenda, and reviewed housekeeping items.
  • Mr. Ferriero provided welcome remarks on the history of the FOIA statute and highlighted the efforts of the late Congressman John Moss to get the original FOIA through Congress.  Mr. Ferriero noted that 55 year years after its enactment, federal agencies and departments received more than 790,000 FOIA requests in Fiscal Year 2020.  Mr. Ferriero stated that he was pleased by the establishment of the Committee on Cross-Agency Collaboration and Innovation – one of two recommendations he received from FOIA Advisory Committee regarding the CFO Council.  He concluded with the hope that the meeting sparked thought about opportunities for finding innovative ways to administer FOIA.

Overview of the Chief FOIA Officers (CFO) Landscape for New CFOs

  • Mr. Talebian and Ms. Semo provided an overview of Chief FOIA Officer (CFO) responsibilities and highlighted the role of the CFO Council.  Mr. Talebian noted CFOs’ agency-wide responsibility for efficient and appropriate compliance with the FOIA.  Ms. Semo noted the importance of the CFO Council as a resource in cross-agency collaboration and networking to advance FOIA administration.  She also highlighted the role of the Council's Technology Committee and the newly formed Committee on Cross-Agency Collaboration and Innovation.
  • Mr. Talebian summarized OIP's role in encouraging agency compliance with the FOIA by issuing guidance, sharing best practices, providing training, managing FOIA reporting, and advising agencies on FOIA matters through the FOIA Counselor Service.  
  • Ms. Semo summarized OGIS' role in improving the FOIA process for requesters and agencies through its role as the FOIA Ombudsman.  Ms. Semo provided a brief overview of the various ways that OGIS works to improve the FOIA process, such as through dispute resolution, outreach, and training.    

Updates from the Office of Information Policy (OIP), U.S. Department of Justice (DOJ)

  • Mr. Talebian highlighted the numbers of FOIA requests received and processed during FY 2020.  He also provided government-wide FOIA reporting updates, such as the forthcoming release of the FY 2020 Summary of Annual FOIA Reports and the Summary and Assessment of Agencies' 2021 Chief FOIA Officer Reports and accompanying guidance. 
  • Mr. Talebian provided several updates related to the National FOIA Portal and FOIA.gov.  He reminded agencies of the upcoming FOIA.gov interoperability benchmark requiring agencies to achieve full interoperability by the end of FY 2021, unless granted an exception.  Additionally, Mr. Talebian highlighted the newly redesigned Annual Report data page and updated attendees on OIP's participation in a project with the General Service Administration's 10x team.  In 2020, 10x completed “Phase 1” of OIP’s proposal to investigate a centralized search capability that would allow the public to search across agencies’ existing FOIA Libraries for posted documents.  Recently, 10x approved OIP's project for “Phase 2,” a more robust discovery phase, which is now underway.
  • Mr. Talebian noted two upcoming initiatives regarding FOIA.gov, including an update to the Quarterly Report Data page, as well as a plan to conduct additional discovery with agencies and the public to identify and prioritize further development efforts. 
  • Mr. Talebian also highlighted the pending release of OIP's updated “Self-Assessment Toolkit” that will include new modules for proactive disclosures and administrative appeals; incorporate additional technology-related milestones; and include a fillable version to more easily facilitate agency completion of each module.
  • Finally, Mr. Talebian summarized the Supreme Court's recent decision in U.S. Fish & Wildlife Serv. v. Sierra Club, 141 S. Ct. 777 (2021), and noted that OIP intends to release guidance on the case.  

Updates from the Office of Government Information Services (OGIS), National Archives and Records Administration (NARA)

  • Ms. Semo described that one of several ways OGIS works to improve FOIA administration is through its work on the FOIA Advisory Committee.  She highlighted the four Advisory Committee subcommittees: Legislation, Process, Classification, and Technology. 
  • Ms. Semo highlighted the online recommendations dashboard and provided an overview of thirty recommendations the FOIA Advisory Committee made to the Archivist of the United States.  Ms. Semo noted that six recommendations were complete, nineteen were in progress, and five were pending.
  • Ms. Semo described three ongoing assessments related to various recommendations of the FOIA Advisory Committee.  The first assessment is examining information published on agency FOIA websites to help requestors with the FOIA filing process.  The second assessment is examining the annual performance plans of 15 cabinet-level departments and 103 independent agencies to determine whether the annual performance plans mention the FOIA.  The third assessment is examining the ways federal agencies allow access to common categories of first-party records without requiring a request under the FOIA and Privacy Act.  Additionally, Ms. Semo highlighted the ongoing development of two training modules.  The first module will consist of briefings for senior leaders that cover FOIA resources, obligations, and expectations.  The second module will consist of targeted training on federal records management for FOIA professionals.
  • Ms. Semo informed attendees of three upcoming events.  On May 6, Centers for Disease Control and Prevention (CDC) will be featured in a session on enterprise-wide FOIA searches.  On May 12, OGIS is hosting its Annual Open Meeting.  On June 10, the FOIA Advisory Committee is hosting a public meeting with reports from all four subcommittees.

Updates from the CFO Council Technology Committee

  • Mr. Sarich provided an overview of the history of the Technology Committee's creation and identified its current governing structure, which includes over forty members from at least twenty-five departments and agencies.
  • Mr. Sarich highlighted the Technology Committee's work regarding:
    • FOIA Searches of electronic records/using technology;
    • FOIAXpress;
    • FOIAonline;
    • Artificial Intelligence (AI);
    • 508 Compliance and Classified Information; and
    • Video Redactions
  • Mr. Stein and Mr. Sarich updated attendees on five of the Technology Committee's accomplishments since October 2020.  In November 2020, the committee's chair for the AI working group held a virtual session on AI.  In early 2021, the committee finalized its working group charters and published them online.  In March 2021, the committee participated in OIP's Best Practices Workshops for both Intelligence Community (IC) and non-IC agencies.  In April 2021, the committee completed work on a draft video redaction paper discussion – one of the deliverables in its working group charters.  Mr. Sarich noted that other working groups are making progress towards the deliverables as well.  
  • Mr. Stein and Mr. Sarich shared the Technology Committee's key findings to date, such as misconceptions about electronic searches, video redaction, searches, classification, artificial intelligence, and how to prepare a virtual vendor/technology event.  
  • Mr. Stein and Mr. Sarich outlined the Technology Committee's next steps.  Mr. Sarich noted that deliverables will be posted to the Technology Committee's website upon completion.  Mr. Stein highlighted plans to have a follow up session on AI for FOIA Professionals.  Mr. Stein also informed attendees of an upcoming Vendor Day to showcase technology options available to FOIA community.  Finally, Mr. Sarich noted that the Technology Committee would solicit feedback from the FOIA Advisory Committee, Chief FOIA Officers Council, federal agencies, and public on topics of interest or shared best practices.
  • Ms. Semo opened the floor to questions and received one question via WebEx chat.

Updates from the CFO Council Committee on Cross-Agency Collaboration and Innovation (COCACI)

  • Ms. Mosheim highlighted COCACI's origins in FOIA Advisory Committee Recommendation 2020-16.  She noted the CFO Council created the committee to:
    • Research and propose a cross-agency grant program and other revenue sources for FOIA program;
    • Review and promote initiatives for clear career trajectories for FOIA professionals, building on the Government Information Specialist job series and in coordination with existing agency efforts; and
    • Explore and recommend models to align agency resources with a commitment to agency transparency.
  • Ms. Mosheim highlighted three COCACI activities thus far: the inaugural meeting in March 9, 2021, monthly meetings, and the creation of subcommittees.  During the inaugural meeting, the author of recommendation 16 provided an overview of the recommendation's intent and objectives. 
  • Mr. Bell and Ms. Mosheim provided an overview of the three COCACI subcommittees: Pandemic/Virtual Offices Subcommittee; Government Information Specialist Job Series Subcommittee; and Standardizing Technology Subcommittee.

Cross-Council Collaboration: Briefing from the Chief Data Officers (CDO) Council

  • Mr. Kaouk summarized the CDO Council's background, vision and membership composition.  Mr. Kaouk noted that the CDO Council includes 80 members from Chief Financial Officers Act agencies, as well as non-Chief Financial Officers Act agencies. 
  • Mr. Kaouk provided an overview of the CDO Council's four statutory goals:
    • Establish government-wide best practice for the use, protection, dissemination, and generation of data;
    • Promote and encourage data sharing agreements between agencies;
    • Identify ways in which agencies can improve upon the production of evidence for use in policymaking; and
    • Consult with the public and engage with private users of Government data and other stakeholders on how to improve access to data assets of the Federal Government.
  • Mr. Morgan summarized the CDO Council's structure and FY 2021 activities.  He identified other councils with which the CDO Council could collaborate.  Mr. Morgan noted that the CDO Council has relationships with the Evaluation Officer Council, Chief Information Officer’s Council, Privacy Council, Interagency Council of Statistical Policy, and CFO Council.  FY 2021 activities and initiatives include: regular meetings to enhance use of strategic data; stakeholder engagement; strategic linkages; member developed projects; and the Federal Data Strategy.
  • The floor was opened to questions and comments.  One question was received from WebEx.  No questions or comments were received from the livestream chat or telephone. 

Public Comments

  • The floor was opened to public comment.  Mr. Talebian answered one question regarding the classification of records.  

Conclusion

  • Mr. Talebian and Ms. Semo thanked everyone for attending and the meeting was closed at 11:30 AM.

 

Registered Attendees (This list consists of individuals who registered to attend the meeting)

Last Name

First Name

Agency (if applicable

Agans

Autumn

FCA

Agyekum

Grace

DOC

Ambrose

Candace

FRB

Anthony

Michael

NTSB

Aponte-Rossini

Camille

OPM

Bagenstos

Samuel

OMB

Baker

Shelley

USDA

Barnes

William

DOD

Barnes

Davonya

NWTRB

Barnett

Ginae

 

Barton

Lisa

USITC

Bell

Michael

DOT

Benham

Renate

DOS

Bennett

Amy

DHS

Bittner

Mark

TREASURY

Blake

Adrianne

DOJ

Bloom

David L.

 

Bonanno

Natalie

USPS

Boykin

Evonne

 

Bradshaw

Marshall

 

Breyan

Jonathan

DOJ

Bridenhagen

Paul

DOJ

Briggs

Wanda

NTSB

Brooks

Robin

HHS

Bryant

Jacqueline

 

Burke

Virginia

PC

Burroughs

Sabrina

DHS

Bynum

Matthew

NARA

Cafaro

Cindy

DOI

Calcagno

Rebecca

NARA

Caliguiran

Arthur

ED

Chadwick

Noelle

OSHRC

Chalmers

Paul

PBGC

Charalambakis

Naomi

 

Cohen

Sam

SSA

Coleman

LaRima

USDA

Collazo

Beatriz

USDA

Conner

Rebecca

AMTRAK

Cox

Matt

USTDA

Coyle

Amy

CEQ

Cudahy

Sarah

FMCS

Cunanan

Sarah

FDIC

Dadabo

Marguerite

RRB

DaSilva

Eugenio

DOC

Davis

Anna

FMCS

de Castro

Patricia

DHS

DeBerry

Sheree

 

Dorgan

mark

DOD

Drake

Julie

VA

Dukes

Edward

ABMC

Easter

Stacy

FHFA

Eckert

Robert

 

Evans

Sandra

NSF

Evans

Crystal

EPA

Fan

Frank

DOS

Fanning

Tracy

DOD

Fellows

Rachel

 

Ferretti

Alec

 

Fidler

Beth

NARA

Finch

Leslie

HUD

Fleming

Carla

 

Flippins

Desiree

NEA

Foor

Jodi

NARA

Fox

Lynn

PC

Fuentes

Toni

DOD

Fullerton

Robert

USPS

Gandhi

Drusti

DOT

Ganz

David

USCCR

Garavuso

Peter

FRB

Garner

Stephanie

EEOC

Gaylord

Brandon

HHS

Girod

Olivier

SEC

Godlewski

Caitlin

ED

Golden

Kelsey

DOI

Gonzalez

Melani

USDA

Goode

Jennifer

DOC

Gramian

Nikki

NASA

Grimes

Alia

DOL

Guyton

Helen

LSC

Haas

Amanda

FRTIB

Harke

Eileen

USDA

Harris

Thomas

 

Harris

Renee

DOE

Harrod

LaWanna

ED

Hartman

Jessie

NARA

Hartmann

Michael

VA

Hawk

Alina

 

Hemphill

Curtis

 

Hertel

Angela

DOJ

Hohenthaner

Thomas

MCC

Hopkins

Karen

DOJ

Hudson

Sharon

DOL

Jackson

Lennell

EX-IM BANK

Jacobs

Gretchen

USAB

James

Ayi

OSTP

Jenkins

Tashell

ED

Joiner

Amanda

EAC

Kaleta

Judith

DOT

Karapetian

Deborah

 

Keliiwaiwaiole

Homer

DOD

Kelly

Karin

MSPB

Kenealy

Timi

CPPBSD

Kirby

Lyn

DOD

Kocur

Ana

RRB

Kolb

Ingrid

DOE

Kotler

Sarah

HHS

Kouevi

Adamah

ED

Labadessa

Rosalina

 

Laguarda

Fernando

CNS

Landis

Patricia

ED

Layman

Matthew

 

Leavitt

Sarah

 

Lee

Shahanga

ED

Lemelin

Christa

NARA

Levitan

Paul

CFPB

Lewandowski

Sandra

ED

Lewis

Cecily

 

Lewis

Travis

GSA

Lilly

Mark

CIA

LoMonte

Frank

 

Mallon

Carmen

SEC

Maloney

Carol

HHS

Mandrus

Natalia

IAF

Martin

Donald

 

Mastromichalis

Keith

DOD

Mathews

Lance

EX-IM BANK

McClarin

Christine

FEC

McDonald

Ryan

CFPB

McDuffie

Franklin

HHS

McFarlane

Jon

 

McIlwain

Don

NARA

McQuighan

Ryan

DOC

Meth

Randi

DOJ

Metz

Regina

NCUA

Middleton

DeShawn

ED

Miller

Jeanne

DOS

Minami

Kristine

ED

Mitten

Ray

DOL

Morris

Alexander

DOE

Mosheim

Abioye

CPSC

Moye

Melba

NTSB

Muttamara

Fon

MSPB

Nekou

Sara

OGE

Nelson

David

NRC

Neuder

Lisa

ED

Nguyen

Kim

ED

Nicholas

Amy

NCD

Nicolas

Diderot

HHS

Nusraty

Tim

OMB

Oehrle

Christopher

STB

Oriabure

Stephannie

NARA

Osborne

Rebecca

FLRA

Osumi

Tim

NIGC

Pandya

Eshani

 

Parks

Jorgina

ED

Pavlik-Keenan

Catrina

DHS

Perry

Andria

 

Piccirilli

Rosanna

FDIC

Pickworth

Melissa

HHS

Platt

Nancy

NLRB

Powers

John

NARA

Pride

Erin

DOL

Raposa

Susan

CFA

Reaser

Atticus

CIGIE

Reinoso

Francisco

PC

Rementer

Nicole

EPA

Rhodes

Kiara

CNS

Ricker

Monique

USTR

Ridges

Mae

IMLS

Ritter

Alice

ASC

Robinson

Carol

 

Rose

Jody

USDA

Roth

Samuel

NEH

Salisbury

Shelley

DOD

Sanchez

Efrain

 

Sanders

Dwight

 

Sanders

Bridget

DOJ

Santini

Christopher

FCC

Scanlon

Joe

NARA

Schreurs

Teresa

 

Schulkin

Danielle

 

Schuster

Loretta

ASC

Scofield

Margaret

USDA

Serrano

Margaret

DOD

Shanley

Claire

 

Sharma-Holt

Greg

NW

Sidon

Josh

USDA

Siford

Mark

SEC

Slater-Chandler

Neysa

NWTRB

Smith

Sarah

FRTIB

Smith

Marc

DOD

Smith

Joan

ED

Smith

Gregory

ED

Smith

Lynda

DOD

Smith

Denise

TVA

Smith Ph.D.

David

 

Soaring Hawk

Alina

 

Soby

Carla

CFPB

Soper

Stephanie

CNS

Spector

Rachel

DOI

Spiegel

Frances

USAB

St Pierre

Tracey

ED

Stabile

Regina

HHS

Stamps

Willis

CSOSA

Staunton

Dondi

DOC

Steel

Lindsay

DOJ

Stern

Gary

NARA

Stewart

Tyler

 

Styles

Eric

DFC

Sutter

Frederick

GCERC

Sweetland

Liz

CIGIE

Sypolt

Jennifer

VA

Tempel

Amanda

DHS

Toland

Michael

FDIC

Trampota

Lisa

NARA

Tribue

LaToya

ED

Tucci

Elizabeth

FTC

Valenzuela

Sabrina

 

Van Nostrand

Madeline

DOT

Vann

Regina

DOS

Veach

Kimberly

GSA

Virga

Jane

FCA

Vitale

Caroline

VA

Wagner

Daniel

DOJ

Walker Watkins

Tamiko

MCC

Wallace

Rachel

OSTP

Wasser

Jonathon

DOS

Weetman

Susan

DOS

Wehausen

Robert

ED

West

Jeanean

CSOSA

White

William

TREASURY

White

Joshua

DOJ

Williams

Darrell

DOD

Williams

Wanda

NARA

Wise

Jeannette

NARA

Wolfrey

Jimmy

DHS

Woodson

Holly

HHS

Young

Pebbles

AFRH

Zachariah

Aswathi

IAF

Zbinden

Mark

NARA

Zimmerman

Mary

SSA

 

Updated November 4, 2022