Department of Justice Open Government Plan 3.0 Progress Report August 2014

Access to Justice Initiative | Antitrust Division | Bureau of Prisons | Civil Division | Community Relations Service | Criminal Division | Drug Enforcement Administration (DEA) | Executive Office for U.S. Attorneys & Justice Management Division Library Staff | Foreign Claims Settlement Commission | National Security Division | Office of Information Policy (OIP) | Office of Justice Programs (OJP) | Office of Privacy and Civil Liberties | United States Trustees Program

Since the release of the Department of Justice’s Open Government Plan 3.0 on June 1, 2014, Department components have been working hard to implement the commitments made. Following is a quick snapshot of the status as of August 28, 2014, of some of these commitments. You can find further details on each of these in the Plan, http://www.justice.gov/open/doj-open-government-plan.pdf

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Access to Justice Initiative

The Legal Aid Interagency Roundtable (LAIR) just ended a summer convening on July 22, where it was announced that the group would have a new co-chair. LAIR, which now has 18 participating agencies, will be co-chaired by Associate Attorney General Tony West and Roy Austin, Director of the Office of Urban Affairs, Justice, and Opportunity at the White House Domestic Policy Council.

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Antitrust Division

Sherman Act data: In FY14 and FY15, the Antitrust Division will continue to routinely post to the Data.Gov website a data set related to the “Sherman Act Violations Yielding a Corporate Fine of $10 million or more.” The information is available on Data.gov in machine-readable XLS files and is also found on the Antitrust Division’s Internet website.

Antititrust Division Ten Year Workload Statistics: In FY14 and FY15, the Antitrust Division will continue to report on the Division’s website information on the Division’s criminal and civil investigations, Hart-Scott-Rodino pre-merger notifications, bank merger proceedings, and other Antitrust statistics.

Spanish content on Website - División Antimonopolios en Español: In FY14 and FY15 the Antitrust Division will continue to maintain the Spanish content area of the Division’s Internet website.

In FY15, budget permitting, the Antitrust Division plans to continue development of the División Antimonopolios en Español (Spanish language) section of the Division’s public website with enhancements that may include the addition of mission, history and general antitrust enforcement information. The Division may also expand the foreign language content available in the International Program, Criminal Enforcement and Report Violations areas.

Appropriation Figures for the Antitrust Division, FY 1903-Present: In FY 14, the Antitrust Division submitted to Data.gov appropriation figures for the Antitrust Division from 1903 to present. We will continue to update this annual budget information on www.Data.gov .

Antitrust Division Select Appellate Briefs and Case Filings: In FY14, the Antitrust Division has begun submitting two data sets to www.Data.gov , the Division’s Appellate Briefs and Case Filings. These data sets include select appellate cases and briefs filed by the Antitrust Division since January 1993. These data sets will be updated at least annually.

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Bureau of Prisons

Website: The BOP's new website, www.bop.gov , has received extensive positive feedback from the judiciary, journalists and inmate families as to the ease of navigation and presentation of clear information.  Since the launch, the FOIA tracking application has been updated to integrate with the BOP's new FOIA system and a new recruitment area, http://www.bop.gov/jobs/health_services.jsp has been set up for the Health Services Division to enhance information sharing with medical professionals who might be interested in working for BOP. 

Universal Children’s Day: On July 31, 2014, the BOP issued new policy requiring all institutions to conduct a Children’s Day event prior to the end of each fiscal year, including this fiscal year, prior to September 30, 2014. Operations Memorandum 005-2014, Guidelines for Children’s Day Events, outlines the requirements and responsibilities in conducting the events, which are designed to ensure inmate-parents remain engaged with their children. Designated staff are responsible for coordinating community partners and external resources as needed.

Community Reentry: To aid District of Columbia inmates about to reenter the community, a one-day videoconference is presented quarterly by the Court Services and Offender Supervision Agency (CSOSA). The BOP’s collaboration with CSOSA to facilitate “Community Resource Day” video-conferences for citizens returning to the District continues to be very successful. The contract facility, Rivers Correctional Institution, has had a total of 290 inmates participating this year. And, during the first two quarters of FY 2014, 16 Bureau facilities with a total of 271 inmates participated. In addition, the Community Resource Day CDs were updated this year and distributed to all locations housing D.C. inmates.

Civil Division

Per the commitment in the 3.0 Plan, the Civil Division continues its outreach to the community (agency and private sector) to discuss, for example, e-discovery priorities, as evidenced by several recently published articles, and consumer protection actions. The Division is also continuing to successfully integrate technology into FOIA processing, not only when responding to FOIA requests but also in FOIA litigation. The result has been increased responsiveness to the requestor community.

Sample E-Discovery Articles:

Guidance to agencies on how to address e-discovery within their organization (FedTech Magazine) http://www.fedtechmagazine.com/article/2014/04/agencies-strive-tame-e-discovery-beast; and

Suggestions to the community regarding how to engage the Department on e-discovery issues in affirmative matters http://www.metrocorpcounsel.com/articles/27484/government-investigating-my-company-now-what-practical-suggestions-doj (The Metropolitan Corporate Counsel)

The Civil Division’s Radiation Exposure Compensation Act (RECA) Program Staff participated in two outreach events in August 2014 in Window Rock, Arizona and Shiprock, New Mexico.  RECA staff conducted approximately 150 individual consultations with claimants and received sincere appreciation from Navajo Nation tribal officials and individual Navajo claimants for the work staff conducted over the two-day event.  This outreach demonstrates both the Department staff’s dedication to the public and their outstanding work on behalf of the United States.

Community Relations Service
CRS has conducted 19 transgender trainings for law enforcement officials and community stakeholders around the country.

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Criminal Division
A memorandum has been circulated to the section chiefs and deputy chiefs seeking documents that are good candidates for proactive disclosure. The Division is also in the process of working with IT to update its FOIA Library, which will include the Human Rights and Special Prosecutions Section newsletter.

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Drug Enforcement Administration (DEA)
DEA is in the process of updating our main website. Our two prevention/education websites, GetSmartAboutDrugs.com and JustThinkTwice.com, will be updated in the next 30 days.  Related to this, DEA has begun posting on Twitter, mostly giving links to press releases and related materials.

Executive Office for U.S. Attorneys & Justice Management Division Library Staff
The Justice Management Division (JMD) Library Staff completed the digitization of several older US Attorneys Manuals (USAMs), which have been posted to EOUSA’s website.  See http://www.justice.gov/archive/usao/usam/index.html  

Foreign Claims Settlement Commission
The Commission has posted decisions as they have become final with as few redactions as possible. The Commission also has undertaken large effort to put out decisions of import from the programs adjudicated over the past 60 years, along with more detailed narratives describing what the Commission has done and continues to do. This on-going process that will take some time, but remains a project the Commission is actively working to complete.

National Security Division

National Security Cyber Specialist Network (NSCS): The National Security Division has worked to link NSCS Assistant U.S. Attorneys with relevant FBI field office personnel for threat briefings and joint outreach.

Foreign Agents Registration Act Section (FARA): FARA Staff met with the Software Engineering Section (SWE) to discuss the approach and level of effort surrounding the various enhancement requirements for www.FARA.gov . During this discussion, it was decided to approach this project using the Agile Methodology commonly referred to as SCRUM. SWE, FARA, and other relevant stakeholders will partner to create a healthy backlog of enhancement requirements. Upon validation and approval of these requirements, the project team will begin prioritizing and developing individual enhancement features. Given the nature of Agile SCRUM, features can be released as they are developed, tested, and approved. This approach provides continuous improvements on the features, allows the project team, owner, and system users to see changes as they occur, and adapts well to overall changes in the process.

Office of Information Policy (OIP)

Flagship Initiatives

Drafting a Common FOIA Regulation: In our plan, the Department announced that it would take the lead on the NAP initiative to develop a common FOIA regulation of core standards that can apply to all agencies.

  • Status: This initiative is well underway. On May 28, 2014, OIP met with members of civil society to discuss this initiative. On the next day, OIP held the kick-off meeting for this initiative with agency personnel interested in developing the common regulations. Since then OIP has formed separate teams responsible for each part of the FOIA regulations. Last month, the teams all met with civil society to hear feedback from them. The teams have now been given until October to develop high-level outlines for their particular sections of the regulations.

Developing a Consolidated FOIA Portal: In our plan, the Department also committed to funding this project and to serving as a key member of the project's task force, in close collaboration with the Office of the U.S. Chief Technology Officer.

  • Status: DOJ has provided funding for this project and is serving as a lead, working very closely with GSA and the taskforce on its development.

Improve Internal Agency Processes: The Department committed to holding a series of agency Best Practices workshops focused on specific topics concerning agencies' FOIA administration.

  • Status: OIP has already launched this initiative and has held two workshops so far which were a great success. The next workshop, which will focus on "Best Practices from the Requester's Perspective," will be held on October 15, 2014. OIP has scheduled these workshops through February 2015.

Improve FOIA Training Across the Government Through e-Learning: The Department committed to developing a suite of e-Learning training modules for all levels of the federal workforce.

  • Status: OIP is in the final stages of developing these training resources and expect them to be ready in September 2014.

Other OIP Commitments

FOIA Libraries: The Department committed to directing all components to review and update their FOIA Libraries on a set schedule.

  • Status: To be completed.

Proactive Disclosures: The Department committed to issuing a series of guidance documents on proactive disclosures.

  • Status: This guidance is currently being drafted and will be posted soon.

Litigation Review (ASG/CIV/OIP Commitment): The Department will review a snapshot of its FOIA litigation for application of the AG's 2009 Guidelines.

  • Status: Currently pending and to be completed.

Component Improvement Initiative: Conduct a wide-range view of each component's FOIA operation to identify causes contributing to backlogs and areas where they can make improvements, as well as to share best practices that have resulted in success with other components.

  • Status: OIP has worked with the majority of the Department's components on this initiative, which is expected to be completed by October.

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Office of Justice Programs (OJP)

Partnership Resource Network:   OJP will continue to post on its website the highly-rated unfunded applications for the most recent fiscal year.  FY 2014 unfunded applications will be posted under the Partnership Resource Network by January 2015.

Release of APIs:  The FY 2014 grant funding forecast API was released in spring 2014 and plans to release the FY 2015 grant funding forecast the second quarter of FY 2015. OJP plans to release a Crime Solutions API in the first Quarter FY 2015, with NCJRS Publications and Justice Events APIs following in Q2 or Q3 FY 2015. 

Data Catalog: OJP has published data.ojp.gov, and continues to make improvements. OJP is still on track for a new API storefront by end of FY 2014 and continues to work with JMD to produce and maintain Justice.gov/inventory, which is the Department’s data catalog. OJP does not anticipate any significant changes before the end of FY 2014, as JMD is migrating the entire site to a new technology.

New datasets to be added to Data.gov: The six archived datasets, listed below, were added as planned to www.Data.gov and OJP catalogs.   

  • Uniform Crime Reporting Program Data: County-Level Detailed Arrest and Offense Data, 2011
  • Incident-based, Case Processing, and Criminal History Information on Felony and Domestic Violence Defendants in Large Urban Counties in 2002
  • National Crime Victimization Survey: Identity Theft Supplement, 2012
  • National Incident-Based Reporting System, 2011: Extract Files
  • National Inmate Survey, 2008-2009
  • Recidivism in the National Longitudinal Survey of Youth 1997 - Standalone Data (Rounds 1 to 13)

Additionally, the following new datasets (along with all their metadata) are now added to the OJP catalog and will be posted to the Department’s data catalog and www.Data.gov by August 31, 2014.

  1. State Court Processing Statistics, 1990-2009: Felony Defendants in Large Urban Counties
  2. National Prisoner Statistics, 1978-2012
  3. National Crime Victimization Survey: Workplace Risk Supplement, 2002
  4. Police-Public Contact Survey, 2011
  5. National Corrections Reporting Program, 2000-2012
  6. Federal Justice Statistics Program: Suspects in Federal Criminal Matters, 2011
  7. Federal Justice Statistics Program: Defendants in Federal Criminal Cases in District Court -- Pending, 2011
  8. Federal Justice Statistics Program: Defendants Charged in Criminal Cases Filed in District Court, 2011
  9. Federal Justice Statistics Program: Suspects in Federal Criminal Matters Concluded, 2011
  10. Federal Justice Statistics Program: Charges Filed Against Defendants in Criminal Cases in District Court -- Terminated, 2011
  11. Federal Justice Statistics Program: Statutes for Counts of Convictions for Defendants Sentenced Under the Sentencing Reform Act, 2011
  12. Federal Justice Statistics Program: Guideline Computations for Defendants Sentenced Under the Sentencing Reform Act, 2011
  13. Federal Justice Statistics Program: Defendants Sentenced Under the Sentencing Reform Act, 2011
  14. Federal Justice Statistics Program: Arrests and Bookings for Federal Offenses, 2011
  15. Federal Justice Statistics Program: Defendants in Federal Criminal Cases -- Terminated, 2011
  16. Federal Justice Statistics Program: Charges Filed Against Defendants in Criminal Cases in District Court, 2011
  17. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2011
  18. Federal Justice Statistics Program: Offenders Released From Prison, 2011
  19. Federal Justice Statistics Program: Offenders Admitted to Prison, 2011
  20. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2010
  21. Federal Justice Statistics Program: Offenders Released From Prison, 2010
  22. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2009
  23. Federal Justice Statistics Program: Offenders Released From Prison, 2009
  24. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2008
  25. Federal Justice Statistics Program: Offenders Released From Prison, 2008
  26. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2007
  27. Federal Justice Statistics Program: Offenders Released From Prison, 2007
  28. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2006
  29. Federal Justice Statistics Program: Offenders Released From Prison, 2006
  30. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2005
  31. Federal Justice Statistics Program: Offenders Released From Prison, 2005
  32. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2004
  33. Federal Justice Statistics Program: Offenders Released From Prison, 2004
  34. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2003
  35. Federal Justice Statistics Program: Offenders Released From Prison, 2003
  36. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2002
  37. Federal Justice Statistics Program: Offenders Released From Prison, 2002
  38. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2001
  39. Federal Justice Statistics Program: Offenders Released From Prison, 2001
  40. Federal Justice Statistics Program: Offenders in Prison at Year-End, 2000
  41. Federal Justice Statistics Program: Offenders Released From Prison, 2000
  42. Federal Justice Statistics Program: Offenders in Prison at Year-End, 1999
  43. Federal Justice Statistics Program: Offenders Released From Prison, 1999
  44. Federal Justice Statistics Program: Offenders in Prison at Year-End, 1998
  45. Federal Justice Statistics Program: Offenders Released From Prison, 1998
  46. Federal Justice Statistics Program: Defendants in Federal Criminal Cases in District Court -- Terminated, 2011
  47. Federal Justice Statistics Program: Defendants in Federal Criminal Cases Filed in District Court, 2011
  48. Federal Justice Statistics Program: Paired-Agency Linked Files, 2011

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Office of Privacy and Civil Liberties

As stated in the Department’s Open Government Plan 3.0, the Chief Privacy and Civil Liberties Officer (CPCLO) and the Office of Privacy and Civil Liberties (OPCL) have begun meeting with Department components to gather information about component privacy programs. As of this date, the CPCLO and OPCL have already met with the Senior Component Officials for Privacy (SCOPs) and other leadership of several large components. Meetings with other components are being scheduled, and the CPCLO and OPCL have regular meetings with components as issues arise.

The CPCLO and OPCL have also worked with various advocacy groups and the Privacy and Civil Liberties Oversight Board (PCLOB) to address privacy concerns, as well as ways to improve agency outreach. Moreover, the CPCLO and OPCL have met with other agencies to improve inter-agency coordination, and to discuss agency privacy practices and common concerns. These meetings enable OPCL to review and assess the Department’s information and privacy-related policies, and make improvements where appropriate and necessary.

In support of the National Action Plan 2.0, the CPCLO and OPCL have been participating in meetings with the White House and other federal agencies to discuss ways to improve the quarterly privacy reports required by Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007. Discussions on improving such reports are still ongoing.

Finally, OPCL has continued to work with the Department’s Web 2.0 Policy Working Group to ensure the Department’s use of social media and other communications technologies are compliant with applicable privacy laws and policies. OPCL is also working with the OCIO on a draft DOJ Open Data Policy Statement.

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United States Trustees Program

The U.S. Trustees Program has posted 14 new datasets on its website in FY 2014 that will be linked to www.data.gov. This includes four civil enforcement sets, six Language Assistance Program sets, two chapter 7 asset case sets, and two chapter 7 asset summary sets.

 

Updated April 29, 2015

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