FOIA Post (2003): Electronic Compilation of E-FOIA Implementation Guidance

Electronic Compilation of E-FOIA Implementation Guidance

As the Office of Information and Privacy has highlighted repeatedly over the past two years -- see, e.g., FOIA Post, "Agencies Continue E-FOIA Implementation" (posted 3/14/01); FOIA Post, "New Attorney General FOIA Memorandum Issued" (posted 10/15/01); FOIA Post, "GAO to Update Its E-FOIA Implementation Study" (posted 3/8/02); FOIA Post, "FOIA Officers Conference Scheduled" (posted 9/17/02) -- the full implementation of the Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) by all agencies of the executive branch continues to be a matter of considerable concern, most particularly to Congress.

This concern has been manifested through congressional hearings held on the subject in 1998 and 2000, and in the form of two follow-up studies of governmentwide E-FOIA implementation that have been conducted by the General Accounting Office (GAO) at Congress's request. See, e.g., FOIA Post, "Follow-Up Report on E-FOIA Implementation Issued" (posted 9/27/02). A third such GAO study, which was deferred pending completion of the second, commenced at the end of last year and currently is ongoing.

Since the time of E-FOIA's enactment in 1996, OIP has through FOIA Update and its successor FOIA Post provided policy discussions, advice, and guidance covering all of E-FOIA's provisions in order to promote and facilitate its governmentwide implementation. As noted by GAO, these efforts have been instrumental in encouraging and aiding all agencies' E-FOIA implementation activities. See GAO Report, "Progress in Implementing the 1996 Electronic Freedom of Information Act Amendments" (Mar. 16, 2001), at 31. To reinforce this and further promote the full and proper implementation of E-FOIA's provisions by all federal agencies, OIP has compiled the following compendium of E-FOIA implementation resources for ready agency reference:

• Details of all statutory changes and discussions of their impact: FOIA Update, Vol. XVII, No. 4, at 3-9; FOIA Update, Vol. XVII, No. 4, at 1-2, 10-11; see also FOIA Update, Vol. XIX, No. 4, at 7.

• Outline of implementation guidance in FOIA Update: FOIA Update, Vol. XIX, No. 1, at 3-5; see also FOIA Update, Vol. XVIII, No. 2, at 1.

• FOIA Counselor Q&As covering a full range of issues including electronic availability/reading room obligations; format of disclosure and electronic search obligations; multitrack processing; deletion specification; and annual FOIA report preparation: FOIA Update, Vol. XVIII, No. 1, at 3-6; FOIA Update, Vol. XVIII, No. 2, at 2; FOIA Update, Vol. XIX, No. 1, at 6.

• FOIA Web site maintenance guidance: FOIA Update, Vol. XVIII, No. 3, at 1-2; FOIA Update, Vol. XIX, No. 1, at 2; FOIA Update, Vol. XIX, No. 2, at 2; FOIA Update, Vol. XIX, No. 3, at 3-4.

• Annual FOIA report guidance: FOIA Update, Vol. XVIII, No. 3, at 3-7; FOIA Update, Vol. XIX, No. 3, at 2; FOIA Post, "Supplemental Guidance on Annual FOIA Reports" (posted 8/13/02).

• Annual FOIA report compilations: FOIA Post, "Summary of Annual FOIA Reports for Fiscal Year 1999" (posted 10/15/01); FOIA Post, "Summary of Annual FOIA Reports for Fiscal Year 2000" (posted 1/31/02); FOIA Post, "Summary of Annual FOIA Reports for Fiscal Year 2001" (posted 10/17/02).

• GAO Report-related guidance: FOIA Post, "GAO E-FOIA Implementation Report Issued" (posted 3/23/01); FOIA Post, "Follow-Up Report on E-FOIA Implementation Issued" (posted 9/27/02).

• "FOIA Reading Rooms" Section of the "Justice Department Guide to the Freedom of Information Act."

As GAO now continues its third study of agency compliance with the requirements of E-FOIA, this is an appropriate time for all agencies to review their compliance with all of their E-FOIA-related FOIA obligations -- most particularly regarding (1) electronic availability of information through their FOIA Web sites and their electronic FOIA reading rooms, and (2) their proper maintenance of FOIA statistics and the timely preparation of their annual FOIA reports -- and to redouble their efforts to ensure complete E-FOIA compliance, through reference to this new consolidated E-FOIA guidance site. (posted 2/28/03)

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