OIP Guidance for Further Improvement Based on 2024 Chief FOIA Officer Report Review and Assessment

FOIA Training and the Role of the Chief FOIA Officer

FOIA training is integral to any successful FOIA program.  The FOIA requires agency Chief FOIA Officers to “offer training to agency staff regarding their responsibilities under [FOIA].” 5 U.S.C. § 552(j)(2)(F).  Notably, the statute describes this responsibility as applying to all agency staff and not just FOIA professionals.  The Attorney General’s 2022 FOIA Guidelines echo the importance of training for all staff, recognizing that “FOIA is everyone’s responsibility” and encouraging senior leaders “to provide regular and proper training . . . that explains the importance of FOIA and every individual’s role in administering it.”  As part of the Chief FOIA Officers Report, agencies report on steps taken to ensure that FOIA professionals receive substantive FOIA training annually, and steps taken to inform non-FOIA professionals of their FOIA obligations.  OIP’s assessments over the years have shown that nearly all agencies’ FOIA professionals are attending training annually.  Many agencies also report requiring FOIA training for all new employees, beyond those who handle FOIA as a primary responsibility.

The examples in these reports and OIP’s Summary of the 2024 Chief FOIA Officer Reports are helpful when Chief FOIA Officers are considering the best methods for offering staff this important training.  Some agencies, for example, hold annual FOIA conferences while others provide regular FOIA trainings and briefings during meetings.  Other agencies have incorporated FOIA training as part of their onboarding of new employees.  

In furtherance of the Chief FOIA Officer’s role to provide FOIA training, OIP encourages all Chief FOIA Officers to consider requiring that FOIA professionals at their agency attend at least one substantive training each year.  This is a topic that agencies have been scored on in OIP assessments over the years.  Agencies should also consider requiring non-FOIA professionals to complete FOIA training upon hire, or more frequently as needed.  Agencies are best positioned to effectively and appropriately administer the FOIA when there is adequate training and awareness at all levels.   To assist agency Chief FOIA Officers in meeting their obligation to offer training, OIP has developed a FOIA infographic and three separate e-learning training resources available to all agencies.  These resources are listed below alongside links and instructions for how to access them:

• FOIA Infographic - A one page handout covering FOIA basics for all employees new to the federal workforce. (Updated 2022)
• Three modules for use in agency e-learning systems
  • Freedom of Information Act Training for Executives – A 15-minute course that provides a basic overview of the FOIA and explains how this law impacts agency leaders.  Topics covered include an overview of the FOIA, proactive disclosure, reporting and accountability, and FOIA resources and support.
  • Freedom of Information Act Training for Federal Employees – A 1-hour course that provides a primer on the FOIA and explains how employees can assist your agency in FOIA administration.  Topics covered include who can make a request, the FOIA's time limits, and searching for responsive records.
• Freedom of Information Act Training for FOIA Professionals – An in-depth course designed specifically for FOIA professionals and addressing all of the major procedural and substantive requirements of the law.  Topics covered include receiving and acknowledging FOIA requests, statutory protections for sensitive information, working in a spirit of cooperation, and providing good customer service.

The files for the three FOIA e-Learning modules are available to be directly uploaded into agencies’ Learning Management System.  To request these files, agencies should contact OIP's Training Coordinator at DOJ.OIP.FOIA@usdoj.gov.  If an agency does not have a Learning Management System, the courses can be accessed directly via web browser from the Training Page of OIP’s website.

OIP also hosts regular live trainings that provide frequent opportunities for agency employees to hear the latest developments in FOIA and is available to provide tailored training at the request of agencies.        

FOIA Websites

Agencies’ FOIA websites offer an efficient way to communicate key information to the public, such as information about how to submit a request, agency contact information, and other information that could impact an agency’s processing of requests. Agencies often use temporary notices to the public for various reasons, such as to announce upcoming FOIA case management system changes or facility closures.  For example, during the COVID-19 pandemic, many agencies posted notices on their websites notifying the public of changes or impacts to FOIA request processing resulting from health and safety precautions.

Agencies are encouraged to use their websites to communicate important updates to the public.  When doing so, agencies should be mindful to remove outdated information as soon as it is no longer needed.  OIP’s Guidance for Agency FOIA Websites 2.0 highlights several types of information that agency FOIA websites should include and encourages agencies to review their sites for accuracy at least once per quarter. 

Processing Requests for Expedition and Calculating Agency Overall Metrics

The FOIA provides for expedited processing of requests when a requester demonstrates a “compelling need,” as defined by the FOIA, or other need as defined in an agency’s FOIA regulations.  5 U.S.C. § 552(a)(6)(E).  Agencies are required to grant or deny a request for expedition within ten calendar days.  Id. OIP has assessed agencies on whether they meet this requirement because it can be an indicator of how efficiently an agency intakes and acts on its requests.  Agencies that reported an average time to adjudicate requests for expedition of greater than ten calendar days in Fiscal Year 2023 should take steps to identify and address the cause(s) of the delays.  OIP’s FOIA Self-Assessment Toolkit, Module 1: Initial Request Intake and Review, can help agencies in examining their procedures.

As with all processing times, when reporting times to adjudicate requests for expedition as part of Section VIII of the Annual FOIA Report, decentralized agencies should ensure they are reporting true average and median numbers.  These agency overall metrics should not simply be an “average of component averages” or “median of component medians.”  Overall metrics should be calculated from the agency’s underlying raw data.  Properly calculating agency overall data will help ensure that agencies are reporting accurate information and are fairly assessed as part of the Chief FOIA Officer Report Summary.