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"Originally enacted in 1966, the Freedom of Information Act (FOIA) establishes a three-part system that requires federal agencies to disclose a large swath of government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

New Requirements for FOIA Response Letters, Including Affording Ninety Days to file an Administrative Appeal, and New Notification Requirement for Notices Extending FOIA’s Time Limits Due to Unusual Circumstances

"On June 30, 2016, President Obama signed into law the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, which contains several substantive and procedural amendments to the FOIA.   OIP has prepared a summary of the amendments as well as a redlined version of the statute which shows the changes made by the amendments.  The new provisions apply to any request made after the date of enactment, which was June 30, 2016.  OIP will be issuing guidance on various aspects of the amendments on a rolling basis.   Agencies are encouraged to contact OIP with any questions they might have on implementation of the new provisions. 

Among the changes to the law are several new requirements for agency response letters and for notices to requesters extending the FOIA’s time limits due to unusual circumstances.  For response letters agencies must notify requesters of their right to seek assistance from the FOIA Public Liaison and, if the response is adverse, they must also notify the requester of their right to seek dispute resolution services from the Office of Government Information Services (OGIS), within the National Archives and Records Administration.   Additionally, agencies must now afford requesters a minimum of ninety days to file an administrative appeal.  When invoking unusual circumstances to extend the FOIA’s time limits, agencies already were required to make their FOIA Public Liaison available, but now they must also notify the requester of the availability of dispute resolution services offered by OGIS.  The guidance below details these new requirements and the attached implementation checklist provides sample language for agencies to use..."
FOIA

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

FOIA Contacts
Freedom of Information contacts a various federal agencies and departments

The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
"Congress continues to consider how to balance the federal government’s growing need for sensitive or confidential business information, the public’s right of access to information about government activities, and the private sector’s interest in keeping its sensitive or proprietary information protected from public disclosure. In enacting the Freedom of Information Act (FOIA), 5 U.S.C. § 552, Congress sought to balance the right of the public to know and the need of the government to protect certain information. FOIA’s broad provisions favoring disclosure, coupled with the specific exemptions, represent the balance Congress achieved. The federal FOIA is an information access statute enacted in 1966 that applies to agency records of the executive branch of the federal government. FOIA requires that certain types of records be published in the Federal Register, that certain types of records be made available for public inspection and copying, and that all other records be subject to request in writing..."

The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
"Congress continues to consider how to balance the federal government’s growing need for
sensitive or confidential business information, the public’s right of access to information about
government activities, and the private sector’s interest in keeping its sensitive or proprietary
information protected from public disclosure. In enacting the Freedom of Information Act
(FOIA), 5 U.S.C. § 552, Congress sought to balance the right of the public to know and the need
of the government to protect certain information. FOIA’s broad provisions favoring disclosure,
coupled with the specific exemptions, represent the balance Congress achieved. The federal FOIA
is an information access statute enacted in 1966 that applies to agency records of the executive
branch of the federal government. FOIA requires that certain types of records be published in the
Federal Register, that certain types of records be made available for public inspection and
copying, and that all other records be subject to request in writing. All records not available via
publication or inspection, not exempt from disclosure, or excluded from coverage are subject to
disclosure. Disputes over access to requested records may be reviewed in federal court where the
burden is on the agency to sustain its action..."

Central Intelligence Agency Freedom of Information Act Annual Report, 2009
Provides information on how to request information from the CIA via the Freedom of Information Act.

Department Issues FOIA Annual Report in More Accessible Format as Part of the President’s Initiative on Transparency and Open Government
"As part of President Obama’s initiative on Transparency and Open Government, the Department of Justice is setting a transparency precedent for the rest of government by releasing on its Web site, the Department of Justice’s Fiscal Year 2008 Annual Freedom of Information Act (FOIA) Report in a more publicly accessible format.

At the same time, the department is releasing, in this machine-readable format, 19 other agency annual FOIA reports from a sampling of other federal agencies, making a total release of 20 distinct data sets. As a result of the new format, members of the public, including public interest organizations, scholars, and the media, will be able to more easily track FOIA performance.

The department announced today’s initiative in response to the Open Government Directive issued by the White House yesterday.

The Directive directs all federal agencies to make their annual FOIA reports available in this machine-readable format starting with Fiscal Year 2009. The department in turn will make all of the machine-readable reports available in one location on the department’s Web site (www.justice.gov) as well on the Data.gov Web site..."

2009 Department of Justice Guide to the Freedom of Information Act
"The Office of Information Policy is planning to publish the 2009 edition of the Department of Justice Guide to the Freedom of Information Act through the Government Printing Office (GPO) in June.

The 2009 Guide will contain detailed discussions of the FOIA’s exemptions, as well as its procedural requirements, and FOIA litigation considerations. The 2009 Guide will also discuss proactive disclosures, FOIA fees and fee waivers, exclusions, discretionary disclosures and waiver, FOIA attorney fees, and reverse FOIA cases..."

President Obama’s FOIA Memorandum and Attorney General Holder’s FOIA Guidelines Creating a "New Era of Open Government"
"Agencies were directed to respond to requests "promptly and in a spirit of cooperation." The President also called on agencies to "adopt a presumption in favor of disclosure" and to apply that presumption "to all decisions involving [the] FOIA." This presumption of disclosure includes taking "affirmative steps to make information public," and utilizing "modern technology to inform citizens about what is known and done by their Government."

The President directed the Attorney General to issue FOIA Guidelines for the heads of executive departments and agencies "reaffirming the commitment to accountability and transparency." On March 19, 2009, during Sunshine Week, Attorney General Eric Holder issued those Guidelines. The Attorney General highlighted that the FOIA "reflects our nation’s fundamental commitment to open government" and that his Guidelines are "meant to underscore that commitment and to ensure that it is realized in practice."..."