Attorney General Merrick B. Garland Issues New FOIA Guidelines to Favor Disclosure and Transparency

"To mark the start of Sunshine Week, Attorney General Merrick B. Garland issued comprehensive new Freedom of Information Act (FOIA) guidelines today that strengthen the federal government’s commitments to transparency in government operations and the fair and effective administration of FOIA.

The Attorney General’s guidelines, which were announced in a memorandum, direct the heads of all executive branch departments and agencies to apply a presumption of openness in administering the FOIA and make clear that the Justice Department will not defend nondisclosure decisions that fail to do so. The guidelines also emphasize that the proactive disclosure of information is fundamental to the faithful application of the FOIA and note the Justice Department’s efforts to encourage proactive agency disclosures, including by providing more specific criteria regarding how relevant metrics should be reported in agency Annual FOIA Reports, as the Government Accountability Office recommended.

“At the Justice Department, and across government, our success depends upon the trust of the people we serve. That trust must be earned every day,” said Attorney General Garland. “For more than fifty years, the Freedom of Information Act has been a vital tool for advancing the principles of open government and democratic accountability that are at the heart of who we are as public servants. Together with our partners across the federal government, the Justice Department will work every day to uphold those principles, which are essential to the rule of law.”.."
FOIA 

The Freedom of Information Act (FOIA): A Legal Overview

"Originally enacted in 1966, the Freedom of Information Act (FOIA) establishes a three-part system that requires federal agencies to disclose a large swath of government information to the public. First, FOIA directs agencies to publish substantive and procedural rules, along with certain other important government materials, in the Federal Register. Second, on a proactive basis, agencies must electronically disclose a separate set of information that consists of, among other things, final adjudicative opinions and certain “frequently requested” records. And lastly, FOIA requires agencies to disclose all covered records not made available pursuant to the aforementioned affirmative disclosure provisions to individuals, corporations, and others upon request.

While FOIA’s main purpose is to inform the public of the operations of the federal government, the act’s drafters also sought to protect certain private and governmental interests from the law’s disclosure obligations. FOIA, therefore, contains nine enumerated exemptions from disclosure that permit—but they do not require—agencies to withhold a range of information, including certain classified national security matters, confidential financial information, law enforcement records, and a variety of materials and types of information exempted by other statutes. And FOIA contains three “exclusions” that authorize agencies to treat certain law enforcement records as if they do not fall within FOIA’s coverage.."
Freedom of Information Act 

The Freedom of Information Act (FOIA): A Legal Overview

"Originally enacted in 1966, the Freedom of Information Act (FOIA) establishes a three-part system that requires federal agencies to disclose a large swath of government information to the public. First, FOIA directs agencies to publish substantive and procedural rules, along with certain other important government materials, in the Federal Register. Second, on a proactive basis, agencies must electronically disclose a separate set of information that consists of, among other things, final adjudicative opinions and certain “frequently requested” records. And lastly, FOIA requires agencies to disclose all covered records not made available pursuant to the aforementioned affirmative disclosure provisions to individuals, corporations, and others upon request.

While FOIA’s main purpose is to inform the public of the operations of the federal government, the act’s drafters also sought to protect certain private and governmental interests from the law’s disclosure obligations. FOIA, therefore, contains nine enumerated exemptions from disclosure that permit—but they do not require—agencies to withhold a range of information, including certain classified national security matters, confidential financial information, law enforcement records, and a variety of materials and types of information exempted by other statutes. And FOIA contains three “exclusions” that authorize agencies to treat certain law enforcement records as if they do not fall within FOIA’s coverage.

FOIA also authorizes requesters to seek judicial review of an agency’s decision to withhold records. Federal district courts may “enjoin [an] agency from withholding agency records” and “order the production of any agency records improperly withheld.” Judicial decisions—including Supreme Court decisions—have often informed or provided the impetus for congressional amendments to FOIA..."
Freedom of Information Act

Freedom of Information Act Electronic Reading Room

"The declassified President’s Daily Briefs (PDBs) from the Nixon and Ford presidential administrations in this collection include about 2,500 documents and 28,000 pages. As part of this release, CIA held a symposium, "The President's Daily Brief: Delivering Intelligence to Nixon and Ford, " at the Richard Nixon Presidential Library in Yorba Linda, CA on 24 August 2016. The PDBs contain the highest level of intelligence on the president’s key national security issues and concerns. These documents were the primary vehicle for summarizing the day-to-day sensitive intelligence and analysis, as well as late-breaking reports, for the White House. As part of this declassification effort, the President’s Intelligence Checklists (or PICLs, pronounced “pickles”) and PDBs delivered to Presidents Kennedy and Johnson – some 2,500 documents and 19,000 pages – were released for the first time on 16 September 2015. The two collections show that the product was tailored – both in content and format – to the requirements of each president. President Richard Nixon, as a once practicing attorney, preferred to review the PDBs on longer legal size paper, and this format was carried into the Ford administration. Both collections were assembled as part of the CIA’s Historical Review Program, which identifies, reviews, and declassifies documents on historically significant events or topics..."
CIA's Freedom of Information

Want to Obtain FBI Records a Little Quicker?

"The FBI recently began open beta testing of eFOIA, a system that puts Freedom of Information Act (FOIA) requests into a medium more familiar to an ever-increasing segment of the population. This new system allows the public to make online FOIA requests for FBI records and receive the results from a website where they have immediate access to view and download the released information.

Previously, FOIA requests have only been made through regular mail, fax, or e-mail, and all responsive material was sent to the requester through regular mail either in paper or disc format. “The eFOIA system,” says David Hardy, chief of the FBI’s Record/Information Dissemination Section, “is for a new generation that’s not paper-based.” Hardy also notes that the new process should increase FBI efficiency and decrease administrative costs.

The eFOIA system continues in an open beta format to optimize the process for requesters. The Bureau encourages requesters to try eFOIA and to e-mail foipaquestions@ic.fbi.gov with any questions or difficulties encountered while using it. In several months, the FBI plans to move eFOIA into full production mode..."
FBI

The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues

"The Freedom of Information Act (FOIA; 5 U.S.C. §552) allows any person—individual or

corporate, citizen or not—to request and obtain, without explanation or justification, existing,

identifiable, and unpublished agency records on any topic. Pursuant to FOIA, the public has

presumptive access to agency records unless the material falls within any of FOIA’s nine

categories of exception. Disputes over the release of records requested pursuant to FOIA can be

appealed administratively, resolved through mediation, or heard in court.."
Freedom of Information Act