81 FR 89023 - Request for Public Comment on Draft “Release to One, Release to All” Presumption

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range		89023-89023
FR Document		2016-29727

The Department of Justice (the ``Department'') is requesting public comment on the draft ``Release to One, Release to All'' policy, which was prepared by the Office of Information Policy (OIP). This draft policy is not final, and should not be construed to represent Agency policy or views. The draft policy takes into account lessons learned from the DOJ pilot and all of the issues examined through the Chief FOIA Office Council, including certain exceptions to the policy and two different options for the timing of when documents should be posted online. The Department requests your comments on the entire draft policy. All public comments submitted in response to this notice will be considered when finalizing this document.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)

[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Page 89023]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29727]


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DEPARTMENT OF JUSTICE

28 CFR Part 50

[Docket No. OIP 100]


Request for Public Comment on Draft ``Release to One, Release to 
All'' Presumption

AGENCY: Department of Justice.

ACTION: Request for public comment.

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SUMMARY: The Department of Justice (the ``Department'') is requesting 
public comment on the draft ``Release to One, Release to All'' policy, 
which was prepared by the Office of Information Policy (OIP). This 
draft policy is not final, and should not be construed to represent 
Agency policy or views. The draft policy takes into account lessons 
learned from the DOJ pilot and all of the issues examined through the 
Chief FOIA Office Council, including certain exceptions to the policy 
and two different options for the timing of when documents should be 
posted online. The Department requests your comments on the entire 
draft policy. All public comments submitted in response to this notice 
will be considered when finalizing this document.

DATES:  Written comments must be postmarked and electronic comments 
must be submitted on or before December 23, 2016. Commenters should be 
aware that the electronic Federal Docket Management System will not 
accept comments after Midnight Eastern Time on the last day of the 
comment period.

ADDRESSES: You may submit comments, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Mail: Bobby Talebian, U.S. Department of Justice; Office 
of Information Policy; 1425 New York Avenue NW., Suite 11050; 
Washington, DC 20530-0001. To ensure proper handling, please reference 
OIP Docket No. 100 on your correspondence.
    See SUPPLEMENTARY INFORMATION for further instructions for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Bobby Talebian, by mail at U.S. 
Department of Justice; Office of Information Policy; 1425 New York 
Avenue NW., Suite 11050; Washington, DC 20530-0001, or by phone at 202-
514-3642.

SUPPLEMENTARY INFORMATION: 

I. About the Release to All Presumption

    In conjunction with President Obama's signing of the FOIA 
Improvement Act of 2016, the Administration announced new steps to 
build on a record of openness and transparency, including promoting 
broader release of records through a ``release to one is a release to 
all'' presumption. The President directed the Chief FOIA Officer 
Council to consider the lessons learned from DOJ's pilot program and 
work to develop a Federal Government policy establishing a ``release to 
one is a release to all'' presumptive standard for Federal agencies 
when releasing records under the FOIA.

II. Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name and address) voluntarily submitted by 
the commenter. You are not required to submit personal identifying 
information in order to comment on this rule. Nevertheless, if you want 
to submit personal identifying information (such as your name and 
address) as part of your comment, but do not want it to be posted 
online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. Personal identifying information and confidential 
business information identified as set forth above will be placed in 
the agency's public docket file, but not posted online. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the paragraph above entitled FOR FURTHER INFORMATION 
CONTACT.

    Dated: December 6, 2016.
Melanie Ann Pustay,
Director, Office of Information Policy.
[FR Doc. 2016-29727 Filed 12-8-16; 8:45 am]
 BILLING CODE 4410-BE-P

Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules 89023

(E), and revising paragraphs (b)(2)(iii)(I), DEPARTMENT OF JUSTICE Administration announced new steps to
(b)(3)(v), (b)(3)(xxv) through (xxx), and build on a record of openness and
(e) to read as follows: 28 CFR Part 50 transparency, including promoting
[Docket No. OIP 100] broader release of records through a
§ 301.6103(j)(1)–1 Disclosures of return
information reflected on returns to officers ‘‘release to one is a release to all’’
and employees of the Department of Request for Public Comment on Draft presumption. The President directed the
Commerce for certain statistical purposes ‘‘Release to One, Release to All’’ Chief FOIA Officer Council to consider
and related activities. Presumption the lessons learned from DOJ’s pilot
* * * * * AGENCY: Department of Justice. program and work to develop a Federal
(b) * * * Government policy establishing a
ACTION: Request for public comment.
(2) * * * ‘‘release to one is a release to all’’
(iii) * * * SUMMARY: The Department of Justice presumptive standard for Federal
(I) [The text of proposed amendments (the ‘‘Department’’) is requesting public agencies when releasing records under
to § 301.6103(j)(1)–1(b)(2)(iii)(I) is the comment on the draft ‘‘Release to One, the FOIA.
same as the text of § 301.6103(j)(1)– Release to All’’ policy, which was
1T(b)(2)(iii)(I) published elsewhere in prepared by the Office of Information II. Posting of Public Comments
this issue of the Federal Register]. Policy (OIP). This draft policy is not Please note that all comments
* * * * * final, and should not be construed to received are considered part of the
(K) through (M) [The text of proposed represent Agency policy or views. The public record and made available for
amendments to § 301.6103(j)(1)– draft policy takes into account lessons public inspection online at http://
1(b)(2)(iii)(K) through (M) is the same as learned from the DOJ pilot and all of the
www.regulations.gov. Such information
the text of § 301.6103(j)(1)– issues examined through the Chief FOIA
includes personal identifying
1T(b)(2)(iii)(K) through (M) published Office Council, including certain
exceptions to the policy and two information (such as your name and
elsewhere in this issue of the Federal
different options for the timing of when address) voluntarily submitted by the
Register].
documents should be posted online. commenter. You are not required to
* * * * * submit personal identifying information
(3) * * * The Department requests your
comments on the entire draft policy. All in order to comment on this rule.
(v) [The text of proposed amendments Nevertheless, if you want to submit
to § 301.6103(j)(1)–1(b)(3)(v) is the same public comments submitted in response
to this notice will be considered when personal identifying information (such
as the text of § 301.6103(j)(1)–1T(b)(3)(v)
finalizing this document. as your name and address) as part of
published elsewhere in this issue of the
DATES: Written comments must be your comment, but do not want it to be
Federal Register].
postmarked and electronic comments posted online, you must include the
* * * * * phrase ‘‘PERSONAL IDENTIFYING
(xxv) through (xxxv) [The text of must be submitted on or before
December 23, 2016. Commenters should INFORMATION’’ in the first paragraph
proposed amendments to
be aware that the electronic Federal of your comment.
§ 301.6103(j)(1)–1(b)(3)(xxv) through
(xxxv) is the same as the text of Docket Management System will not If you want to submit confidential
§ 301.6103(j)(1)–1T(b)(3)(xxv) through accept comments after Midnight Eastern business information as part of your
(xxxv) published elsewhere in this issue Time on the last day of the comment comment but do not want it to be posted
of the Federal Register]. period. online, you must include the phrase
* * * * * ADDRESSES: You may submit comments, ‘‘CONFIDENTIAL BUSINESS
(6) * * * by any of the following methods: INFORMATION’’ in the first paragraph
(i) * * * • Federal eRulemaking Portal: http:// of your comment. Personal identifying
(C) through (E) [The text of proposed www.regulations.gov. information and confidential business
amendments to § 301.6103(j)(1)– • Mail: Bobby Talebian, U.S. information identified as set forth above
1T(b)(6)(i)(C) through (E) is the same as Department of Justice; Office of will be placed in the agency’s public
the text of § 301.6103(j)(1)–1T(b)(6)(i)(C) Information Policy; 1425 New York docket file, but not posted online. If you
through (E) published elsewhere in this Avenue NW., Suite 11050; Washington, wish to inspect the agency’s public
issue of the Federal Register]. DC 20530–0001. To ensure proper
docket file in person by appointment,
handling, please reference OIP Docket
* * * * * please see the paragraph above entitled
No. 100 on your correspondence.
(e) Applicability date. Paragraphs FOR FURTHER INFORMATION CONTACT.
See SUPPLEMENTARY INFORMATION for
(b)(2)(iii)(I), (b)(2)(iii)(K) through (M), further instructions for submitting Dated: December 6, 2016.
(b)(3)(v), (b)(3)(xxv), (b)(3)(xxv) through comments. Melanie Ann Pustay,
(xxxv), and (b)(6)(i)(C) through (E) of
this section apply to disclosure of the FOR FURTHER INFORMATION CONTACT: Director, Office of Information Policy.
Bureau of the Census made on or after Bobby Talebian, by mail at U.S. [FR Doc. 2016–29727 Filed 12–8–16; 8:45 am]
December 9, 2016. For rules that apply Department of Justice; Office of BILLING CODE 4410–BE–P
to disclosure to the Bureau of the Information Policy; 1425 New York
Avenue NW., Suite 11050; Washington,
mstockstill on DSK3G9T082PROD with PROPOSALS

Census before that date, see 26 CFR
301.6103(j)(1)–1 (revised as of April 1, DC 20530–0001, or by phone at 202–
2016). 514–3642.
SUPPLEMENTARY INFORMATION:
John Dalrymple,
Deputy Commissioner for Services and I. About the Release to All Presumption
Enforcement. In conjunction with President
[FR Doc. 2016–29490 Filed 12–8–16; 8:45 am] Obama’s signing of the FOIA
BILLING CODE 4830–01–P Improvement Act of 2016, the

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Document Created: 2018-02-14 09:03:40
Document Modified: 2018-02-14 09:03:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Request for public comment.
Dates		Written comments must be postmarked and electronic comments must be submitted on or before December 23, 2016. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period.
Contact		Bobby Talebian, by mail at U.S. Department of Justice; Office of Information Policy; 1425 New York Avenue NW., Suite 11050; Washington, DC 20530-0001, or by phone at 202- 514-3642.
FR Citation		81 FR 89023