Month: September 2024

Source: United States Department of Justice

September is the final month of Fiscal Year 2015 and agency FOIA professionals are hard at work processing FOIA requests and administrative appeals in order to close out the year strongly. All the work done by agencies to administer the FOIA each year is captured in their Annual FOIA Reports and Chief FOIA Officer Reports. In addition, during the course of the year four key FOIA statistics are reported every three months in agency Quarterly FOIA Reports. These reports all serve an important role in documenting the efforts of  agencies to respond to the ever-increasing numbers of FOIA requests received each year. They also provide valuable information about the many ways agencies are working to find greater efficiencies, increase proactive disclosures and utilize technology to improve FOIA administration.

In order to satisfy their reporting obligations this year, agencies should mark the following deadlines in their calendars:

Fiscal Year 2015 Annual FOIA Report

December 4, 2015 – Agencies are required to submit their Fiscal Year 2015 Annual FOIA Reports to OIP for review.

For guidance on the requirements for completing the Annual FOIA Report, please see the Department’s Annual FOIA Report Handbook.

Fiscal Year 2016 Quarterly FOIA Reports

January 29, 2016 – Quarter 1 data is required to be posted.
April 29, 2016 – Quarter 2 data is required to be posted.
July 29, 2016 – Quarter 3 data is required to be posted.
October 28, 2016 – Quarter 4 data is required to be posted.

For guidance on the requirements for completing the FY 2016 Quarterly Reports, please see OIP’s guidance on quarterly reporting.

2016 Chief FOIA Officer Reports

January 15, 2016 – The twenty-nine high-volume agencies noted in the 2016 Chief FOIA Officer Report Guidelines are required to submit their 2016 Chief FOIA Officer Reports to OIP for review.

February 5, 2016 – All other agencies are required to submit their 2016 Chief FOIA Officer Reports to OIP for review

March 14, 2016 – Agencies are required to post their 2016 Chief FOIA Officer Reports online.

For guidance on the requirements for completing the 2016 Chief FOIA Officer Report, see OIP’s 2016 Chief FOIA Officer Report Guidelines.

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To help assist and prepare agencies for these reporting obligations, OIP will be hosting a refresher training on the Fiscal Year 2015 Annual FOIA Report and 2016 Chief FOIA Officer Report. The details for this training are:

If you are interested in attending this refresher training seminar, please email your name to OIP’s Acting Training Coordinator at DOJ.OIP.FOIA@usdoj.gov with the subject line “Annual Report and Chief FOIA Officer Report Refresher Training.” Please note that registration is required to attend and that you will need a picture ID to enter the building. If you have any questions regarding this event, please contact OIP’s Acting Training Coordinator at (202) 514-3642.

If you have any questions regarding any of the deadlines noted above, or the requirements for completing any of the reports, please contact OIP’s FOIA Compliance Team at (202) 514-3642.

You can also find all of these reporting deadlines on the Reports page of OIP’s website.

Source: United States Department of Justice

The Attorney General’s 2009 FOIA Guidelines directed agency Chief FOIA Officers to “review all aspects of their agencies’ FOIA administration” and to report annually to the Department of Justice on the efforts undertaken “to improve FOIA operations and facilitate information disclosure at their agencies.” In accordance with the 2009 FOIA Guidelines, OIP provides specific guidance each year to agencies on the content and timing of these reports and today we have issued the guidelines for agency 2016 Chief FOIA Officer Reports.

Since 2010, OIP’s guidelines for agency Chief FOIA Officer Reports have required agencies to examine the five key areas addressed in the 2009 FOIA Guidelines:

1. Applying the Presumption of Openness,
2. Ensuring that there are Effective Systems for Responding to Requests,
3. Increasing Proactive Disclosures,
4. Increasing the Utilization of Technology, and
5. Improving Timeliness and Reducing any Backlogs.

Each year’s reporting guidelines build off the efforts and initiatives reported in the prior years. Our goal is to capture more advanced steps taken by agencies as their implementation of the FOIA Guidelines has matured. This year’s guidelines also continue to focus on certain areas where further improvements can be made.

The 2016 Chief FOIA Officer Report Guidelines maintain the streamlined reporting requirements introduced last year for agencies that receive a lower volume of FOIA requests, i.e. less than 1,000 incoming requests each year. For those agencies with more than 1,000 requests received annually, the guidelines remain quite comprehensive.

As in previous years, OIP has included new questions in the 2016 Chief FOIA Officer Report Guidelines, covering such topics as:

• Plans for ensuring that a high percentage of agency FOIA professionals receive substantive FOIA training,
• Steps to strengthen Requester Service Centers, FOIA Public Liaisons, and dispute resolution services,
• Proper procedures for “still-interested” inquiries,
• The role of FOIA professionals in posting records online, and
• Training conducted for processing tools, such as new case management systems or eDiscovery tools.

OIP has once again identified the twenty-nine agencies that received more than 1,000 requests during the most recent fiscal year of available data and has listed them in this year’s guidelines as “high-volume” agencies. These agencies must submit their draft 2016 Chief FOIA Officer Reports to OIP for review by no later than January 15, 2016.

The remaining agencies must submit their draft reports to OIP for review by no later than February 5, 2016. To assist agencies in the completion of their reports, OIP has created separate templates for large- and small-agencies containing their specific questions from this year’s guidelines.

Additional details on the review and submission process are included in the Guidelines. OIP will once again host a refresher training seminar on the preparation of both the 2016 Chief FOIA Officer Reports and the Fiscal Year 2015 Annual FOIA Reports. The details for this training will be announced here on FOIA Post.

You can view the 2016 Chief FOIA Officer Report Guidelines, as well as all other guidance issued by OIP, on the Guidance page of our site.

Source: United States Department of Justice

As Fiscal Year 2015 is quickly drawing to an end, agencies are hard at work processing more and more requests to close out the year strongly.  OIP encourages agencies to focus these last weeks of the fiscal year on their FOIA administration to help reduce any backlogs.  One of the main tools agencies use for tracking the efficiency of their FOIA workflows and ensuring the accuracy of their Annual FOIA Report is their case management system.       

A key component of President Obama’s FOIA Memorandum is the direction to “use modern technology to inform citizens about what is known and done by their Government.”  Over the past several years agencies have reported in their Chief FOIA Officer Reports widespread use of technology in receiving and tracking FOIA requests and preparing agency Annual FOIA Reports. 

Agencies currently use various case management systems for tracking and processing their FOIA requests, and each agency should ensure that they are using the system that best serves their particular FOIA needs.  As outlined in DOJ’s Annual FOIA Report Handbook, agencies are ultimately responsible for the quality of their Annual FOIA Report data.  They should exercise due diligence in testing their systems to ensure accuracy for the benefit of both their year-end reports as well as workflow reports that they rely on during the year to manage their FOIA administration. 

At the Department of Justice, our components use a number of different methods and tools to track their FOIA requests tailored to their unique needs.  OIP has been working with EPA to develop enhancements to FOIAonline, the EPA’s multi-agency FOIA tracking system, that meet our specific needs, and we are pleased to announce that beginning in early 2016, OIP will be using FOIAonline as our case management system.  In addition to tracking the requests it processes and the Department’s administrative FOIA appeals, OIP will be using FOIAonline to prepare and validate the Department’s Annual FOIA Report. 

OIP’s use of FOIAonline builds on the great work between OIP, EPA, and the partner agencies that has existed from the very beginning of FOIAonline.  OIP has worked closely with EPA and the FOIAonline partners from the start to ensure the system produces an accurate Annual FOIA Report, as well as to make sure that any enhancements function appropriately in compliance with the FOIA statute and DOJ guidance. 

OIP is excited to be working with EPA on the development of additional enhancements to FOIAonline and the future possibilities for how FOIAonline can assist agencies with their FOIA case management needs. 

Source: United States Department of Justice

OIP offers a number of FOIA training opportunities throughout the year as a part of our responsibility to encourage agency compliance with the FOIA. For Fiscal Year 2016, the dates and topics for our regularly scheduled training sessions are:

This year, OIP is offering two new courses – a FOIA Processing Workshop and a program entitled Continuing FOIA Education. The FOIA Processing Workshop is a half-day program designed to take attendees through the steps of processing a FOIA request one-on-one in a small class setting. The Continuing FOIA Education course is designed as a program for experienced FOIA professionals with lectures on new or recent developments in FOIA administration as well as an update on recent FOIA court decisions. The dates for these new course offerings are:

All of these seminars will be held in Washington DC, and are open to all federal government employees. Information about registration, general topics covered, and class sizes for each course are available on the Training page of our site. The Training page also includes descriptions of each course, general topics covered, and the intended audience.

In addition to these scheduled training programs, OIP also offers various other training programs and workshops throughout the year such as our Best Practices Workshop series and our refresher training on the preparation of Agency Annual FOIA and Chief FOIA Officer Reports. Details on all of our training opportunities will always be announced here on FOIA Post and through OIP’s Twitter account, @FOIAPost.

To register for any of the training seminars listed above, please email your name to OIP’s Training Staff at DOJ.OIP.FOIA@usdoj.gov. In the subject line of your email, please specify the name of the course and the date you wish to attend the training. If registering multiple individuals, please include email addresses for each individual in the registration message. Once you are registered, you will be sent a confirmation email with the location of the training. Any questions regarding these training opportunities may also be directed to OIP’s Training Staff at (202) 514-FOIA (3642).

Source: United States Department of Justice

Since 2010, agency Chief FOIA Officers have submitted to the Department of Justice an annual report detailing all of their agency’s efforts in implementing President Obama’s and Attorney General Holder’s FOIA Memoranda. These Chief FOIA Officer Reports have served as a valuable resource for agencies to describe the various initiatives undertaken to improve their administration of the FOIA.  With the completion of agencies’ 2015 Chief FOIA Officer Reports this past Sunshine Week, today OIP releases its summary and assessment of these reports and the progress made in implementing Attorney General Holder’s 2009 FOIA Guidelines.

Similar to last year, this year’s summary is broken down into five parts detailing the efforts of agencies in each of the five key areas from Attorney General Holder’s 2009 FOIA Guidelines:

• Applying the Presumption of Openness,
• Having Effective Systems for Responding to Requests,
• Making Information Available Proactively,
• Utilizing Technology, and
• Reducing Backlogs and Improving Timeliness.

Agencies and the public are encouraged to read both OIP’s summary and each agency’s individual report to learn more about the various efforts and steps taken over the last reporting year to improve the administration of the FOIA across the government.

In addition to the summary, OIP’s 2015 assessment once again provides a visual snapshot of agency efforts in several key areas of FOIA administration. The assessment includes all of the enhanced features introduced last year, including an expanded five-step scoring system, overall scores for each assessed section, and the inclusion of a detailed methodology. The full assessment is provided in both an open format and in PDF.

As announced in September 2014, a significant change for agency 2015 Chief FOIA Officer Reports is the separate reporting requirements for large and small volume FOIA agencies. This difference is incorporated into the 2015 assessment so that the milestones are tailored to the distinctive FOIA processes at different size agencies.

Finally, as a part of the 2015 summary and assessment, OIP has once again included guidance based on our review of the 2015 reports to assist agencies in making further improvements in the years ahead.

Based on our review of agency 2015 Chief FOIA Officer Reports, and as stated in OIP’s summary and assessment, “agencies have persevered through a difficult year of tight resources and ever-increasing demands to continue improving their administration of the FOIA through various initiatives connected to the five key areas of Attorney General Holder’s 2009 FOIA Guidelines.” At the same time, the level of success achieved by agencies in these efforts varies and there is still work to be done. OIP’s yearly assessment is intended to serve as a vehicle to both recognize agency successes and to identify areas where further improvement can be made.

You can read OIP’s 2015 Summary and Assessment of Agency Chief FOIA Officer Reports on our Reports page alongside previous summaries and assessments. OIP’s guidance for further improvement based on our review of agency 2015 Chief FOIA Officer Reports is available as a part of this year’s summary as well as on our Guidance page.