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United States

Strengthening Implementation of FOIA (US0139)

Overview

At-a-Glance

Action Plan: United States Action Plan 2022-2024 (December)

Action Plan Cycle: 2022

Status:

Institutions

Lead Institution:

Support Institution(s):

Policy Areas

Access to Information, Capacity Building, Right to Information

IRM Review

IRM Report: United States Action Plan Review 2022–2024

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Yes

Ambition (see definition): Low

Implementation i

Completion: Pending IRM Review

Description

FOIA (Public Law 89-487) is a fundamental tool of our democracy that helps citizens understand the Federal Gov- ernment’s work. On average, agencies receive and process over 800,000 requests a year from journalists, civil society advocates, students, and other individuals interested in their own records or other information about government operations. Recognizing the importance of this law, on March 15, 2022, the Attorney General of the United States issued new FOIA Guidelines that direct agencies to apply the FOIA with a presumption of openness and focus on proactive disclosures, remove barriers to access and reduce backlogs, and ensure fair and effective FOIA administration.

The Administration has already taken several steps to implement the Attorney General’s Guidelines. The U.S. Department of Justice has incorporated the principles detailed in the Guidelines into its live FOIA trainings that serve over 5,000 government professionals from around the country every year. Additionally, recognizing that FOIA is “everyone’s responsibility,” the Department recently developed and publicly released three separate e-Learning FOIA training modules for the Federal workforce. Going forward, the Department will issue addi- tional implementation guidance and keep agencies accountable through their publicly filed Chief FOIA Officers Reports.

Furthermore, the U.S. Department of Justice commits to the following additional steps to bolster openness and transparency through the FOIA:

1. Issuance of an updated FOIA Self-Assessment Toolkit, originally issued in 2017, to reflect, among other things, additional milestones for proactive disclosures, use of technology, and requirements of the Attorney 16 General’s new FOIA Guidelines.

2. Leading a Chief FOIA Officer Council working group that will collaborate with the Office of Government Information Services at the National Archives and Records Administration, the Office of Shared Services & Performance Improvement at the Government Services Administration, and the Business Standards Council to develop shared FOIA business standards. The shared business standards will make it easier for agencies to acquire FOIA technology and, in turn, improve efficiency and consistency in processing requests across the Federal Government. Having established standards will also help industry create new solutions to meet agencies’ needs.

3. Enhancement of the user experience on FOIA.gov, the Federal Government’s central website for FOIA, by developing an interactive tool to help members of the public more easily locate records that are already available online or find the right agency to submit their FOIA requests when information is not already posted online.


Commitments

Open Government Partnership