District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0217 Compare Versions

Only one version of the bill is available at this time.

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11	11	March 31, 2025
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13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue NW
16	16	Washington, DC 20004
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18	18	Dear Secretary Smith,
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20	20	Today, I am introducing the Transparency Is Accountability Amendment Act of 2025. Please
21	21	find enclosed a signed copy of the legislation.
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23	23	One of the most important forms of accountability for government operations is transparency,
24	24	and one of the principal mechanisms for delivering that transparency is the District of Columbia
25	25	Freedom of Information Act, or FOIA, D.C. Official Code § 2-531 et seq. While this law in
26	26	theory provides members of the public—including the press—access to public records, the
27	27	reality of FOIA practice is somewhat different. Far too often, government records pertaining to
28	28	basic government functions or that shed light on government misconduct are withheld—
29	29	depriving the public of critical information and frustrating the transparency and accountability
30	30	objectives of FOIA.
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32	32	The Transparency Is Accountability Amendment Act of 2025 makes targeted changes to D.C.’s
33	33	FOIA to enhance the ability of the public to obtain critical information about agency operations
34	34	and to incentivize efficient and responsible government conduct through greater transparency.
35	35	This legislation will:
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37	37	(1) Clarify that 911 call records cannot be withheld under the personal privacy exemption
38	38	where the name and number of the caller is redacted (while also allowing a caller to
39	39	provide written consent for this information to be disclosed);
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41	41	(2) Ensure that often used exemption for inter-agency and intra-agency memoranda cannot
42	42	be used to withhold information regarding government misconduct, including
43	43	discrimination, violations of criminal law, and sexual harassment;
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47	47	(3) Require agencies to identify a specific, foreseeable harm when asserting an exemption to
48	48	disclosure and to consider discretionary releases of information when the likelihood of
49	49	significant harm occurring is low and the public interest in the information is high;
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51	51	and
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53	53	(4) Require the disclosure of information withheld under the deliberative process if the
54	54	public’s interest in disclosure outweighs the District’s interest in secrecy.
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56	56	Enacting these changes will ensure that District residents are better equipped to hold their elected
57	57	and appointed representatives accountable, and the prospect of such transparency will motivate
58	58	public servants to hold themselves to the highest ethical standards.
59	59	Please contact my Deputy Chief of Staff, Conor Shaw, at cshaw@dccouncil.gov if you have any
60	60	questions about this legislation.
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62	62	Sincerely,
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67	67	Zachary Parker
68	68	Ward 5 Councilmember
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71	71	These changes reflect current federal FOIA law and practice prompted by the FOIA
72	72	Improvement Act of 2016 (P.L. 114-185) as well as guidelines issued by United States Attorney
73	73	General Merrick Garland on March 15, 2022.
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76	76	______________________________ 2
77	77	Councilmember Zachary Parker 3
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80	80	A BILL 6
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82	82	_________________________ 8
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84	84	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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86	86	_________________________ 12
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89	89	To amend the Freedom of Information Act of 1976 to improve public access to critical records, 15
90	90	including 911 transcripts and recordings, documents regarding government misconduct, 16
91	91	and deliberative materials when the public interest in disclosure outweighs the District’s 17
92	92	interest in secrecy. 18
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94	94	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 20
95	95	be cited as the “Transparency Is Accountability Amendment Act of 2025”. 21
96	96	Sec. 2. The Freedom of Information Act of 1976 (D.C. Law 1-96; D.C. Official Code § 2-22
97	97	534(a)), is amended as follows: 23
98	98	(a) Paragraph (a)(2) is amended to read as follows: 24
99	99	“(2) Information of a personal nature where the public disclosure thereof would constitute 25
100	100	a clearly unwarranted invasion of personal privacy, excluding audio or transcripts of calls to 911 26
101	101	and other 911 radio, including dispatches and agency to agency communications, where the 911 27
102	102	caller’s name and contact information has been redacted; provided, that the agency shall not 28
103	103	redact the personal information of the person requesting the record or a person who has expressly 29
104	104	consented to disclosure of the information in writing.” 30
105	105	(b) Paragraph (a)(4) is amended to read as follows 31
106	106	“(4) Inter-agency or intra-agency memorandums or letters, including memorandums or 32
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110	110	letters generated or received by the staff or members of the Council, which would not be 33
111	111	available by law to a party other than a public body in litigation with the public body. This 34
112	112	exemption shall not apply to information regarding government misconduct, including actions, 35
113	113	policies, or decisions that violate the District’s Code of Conduct as defined by Section 101 of the 36
114	114	Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 37
115	115	Reform Amendment Act of 2011 (D.C. Law 19-318; D.C. Official Code § 1–1161.01(7); the 38
116	116	District of Columbia Theft and White Collar Crimes Act of 1982 (D.C. Official Code Title 22, 39
117	117	Chapters 7, 24, 32); the Human Rights Act of 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-40
118	118	1401.01 et seq.); and Mayor’s Order 2023-131 (October 31, 2023) and any superseding order.” 41
119	119	(c) Subsection (b) is amended by: 42
120	120	(1) inserting the sentence “An agency shall withhold information under this 43
121	121	section only if the agency reasonably foresees that disclosure would harm an interest protected 44
122	122	by subsection (a).” before the word “Any”; and 45
123	123	(2) inserting the sentence “An agency shall apply a presumption of openness 46
124	124	when applying this section and shall consider discretionary releases of information when the 47
125	125	reasonable likelihood of significant harm occurring is low and the public interest in the 48
126	126	information is high.” after the phrase “where the deletion was made.” 49
127	127	(d) A new subsection (f) is inserted to read as follows: 50
128	128	“(f) Information withheld under the deliberative process privilege shall be disclosed if the 51
129	129	public’s interest in disclosure outweighs the District’s interest in secrecy.” 52
130	130	Sec. 3. Fiscal impact statement. 53
131	131	The Council adopts the fiscal impact statement in the committee report as the fiscal 54
132	132	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 55
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136	136	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 56
137	137	Sec. 4. Effective date. 57
138	138	This act shall take effect after approval by the Mayor (or in the event of veto by the 58
139	139	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 59
140	140	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 60
141	141	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 61
142	142	Columbia Register. 62