FOIA News: Additional agencies revising FOIA regs

Ahead of the New Year's deadline mandated by the FOIA Improvement Act of 2016, six more agencies have promulgated interim or final amendments to their FOIA regulations -- all of which appear in the December 27th edition of the Federal Register.

• The Board of Governors of the Federal Reserve System has issued an  interim final rule with a public comment period extending through February 27, 2017. 
• The Federal Open Market Committee also has issued an interim final rule with a public comment period extending through February 27, 2017. 
• The Department of Energy has issued final rule effective December 27, 2016, which did not invite public comments.
• The Federal Financial Institutions Examination Council has issued an  interim final rule implementing changes required by the FOIA Improvement Act that does not invite public comments.  The Council expects to conduct a review and further updating of its regulations in the next year based on recent guidance issued by the United States Department of Justice’s Office of Information Policy on agency FOIA regulations. 
• The Occupational Safety and Health Review Commission has issued a final rule effective December 27, 2016, which did not invite public comments.   
• The Postal Regulatory Commission  has issued a notice of proposed rulemaking with a comment period extending through January 26, 2017.

FOIA News: OCC amending FOIA regulations

The Office of the Comptroller of the Currency is proposing to revise its FOIA regulations.  The agency published an interim final rule, effective immediately, in today's issue of the Federal Register.  The revisions are needed to comply with the OPEN FOIA Act of 2009 and the FOIA Improvement Act of 2016.  OCC also seeks to make certain "technical changes."  Comments are due by February 21, 2017.

FOIA News: Government Ethics Office proposes new FOIA regulations

The U.S. Office of Government Ethics published an interim final rule proposing new FOIA regulations in today's issue of the Federal Register.  The rule is effective immediately.  OGE described its changes as necessary to comply with the FOIA Improvement Act of 2016.  Written comments must be received on or before January 23, 2017.

FOIA News: USDA Inspector General issues new FOIA regulations

USDA's Office of Inspector General published a final rule implementing new FOIA regulations in today's issue of the Federal Register.  The agency, which forwent a comment period, described its revisions as "necessary to update its regulation in order to reflect reorganizations within OIG" and in light of the FOIA Improvement Act of 2016.  The rule is effective immediately.

Court opinions issued Dec. 20, 2016

Am. Civil Liberties Union v. U.S. Dep't of Justice (2nd Cir.) -- affirming district court's decision that 52 documents concerning drone strikes were protected from disclosure; finding that seven other drone-related documents were protected by the deliberative process privilege, reversing the district court's judgment that they must be disclosed.    

Rosiere v. United States (10th Cir.) -- affirming district court's decision to dismiss pro se prisoner's lawsuit as malicious, in light of his multiple, repetitious suits.  

Nat'l Ass'n of Criminal Def. Lawyers v. U.S. Dep't of Justice (D.C. Cir.) -- denying appellant's petition for rehearing, but amending July 19, 2016 opinion and remanding case to district court to consider whether requested "Blue Book" manual contains non-exempt and reasonably segregable statements of discovery policy.  

Summaries of all opinions issued since April 2015 available here.

FOIA News: USAID finalizes new FOIA regulations

The U.S. Agency for International Development published a final rule implementing new FOIA regulations in today's issue of the Federal Register.  Most of the changes are intended to bring the agency into compliance with the FOIA Improvement Act of 2016.  USAID received four comments.  Some of the more significant recommendations adopted from these comments include new fee category definitions for educational institutions and representatives of the news media, further information about the role of the FOIA Public Liaison and the Office of Government Information Services, and the introduction of a "substantial interest" standard for the consultation process.  USAID's rule is effective December 27, 2016.

FOIA News: FTC publishes two rules to modify FOIA regulations

In today's issue of the Federal Register, the Federal Trade Commission published two separate rules relating to its FOIA regulations.

First, in a final rule, effective immediately, the FTC revised "its Rules of Practice governing access to agency records to implement provisions of the FOIA Improvement Act of 2016."  This rule was adopted without an opportunity for public comment because it "relate[s] solely to agency practice and procedure."

Second, the FTC published a proposed rule to amend certainfee provisions in its FOIA regulations.  The agency seeks to modify its definition of a "representative of the news media" so as to comport with the current statutory definition.  Further, it intends to introduce a requirement that, "[t]o qualify for news media status, a request must not be for a nonjournalistic commercial use."  With respect to the dissemination requirement for public interest fee waivers, the FTC proposes to replace "the understanding of the public at large" with simply "public understanding," which would reflect the statutory standard.  Finally, the agency has outlined a number of changes to its fee schedule and limitations on fees when a response to a request is untimely.  The comment period closes on January 23, 2017.

FOIA News: OPIC proposes new FOIA regulations

The Overseas Private Investment Corporation published a notice of proposed rulemaking to revise its FOIA regulations in today's issue of the Federal Register.  The proposed changes are intended to comply with the "FOIA Improvement Act of 2016, make[] administrative changes to reflect OPIC's costs, and conform[] more closely to the language recommended by the Department of Justice, Office of Information Policy."  The comment period closes on January 23, 2016.

FOIA News: National Council on Disability issues new FOIA regulations

In today's issue of the Federal Register, the National Council on Disability published a final rule amending its FOIA regulations in order to comply with the statutory mandates enacted by the FOIA Improvement Act of 2016.  The agency issued the rule "so as to include comments which were submitted for [its] existing FOIA regulations.  But due to issues beyond [the agency's] control, [it] did not receive the comments until after publication of the final rule."  The new regulations are effective immediately.

FOIA News: NCUA issues interim rule with request for comments

The National Credit Union Administration published an interim final rule to implement new FOIA regulations, along with a request for public comments, in today's issue of the Federal Register.   NCUA is revising its procedures in order to comply with the FOIA Improvement Act of 2016.  The interim final rule is effective immediately; comments must be received by the agency on or before January 23, 2017.