4.2.2: FOIA
Adopt a presumption in favor of disclosure when making FOIA decisions and not withhold information just because it is technically
permitted under the law
Other Information:
On January 21, 2009, President Obama issued a memorandum on FOIA, “the most prominent expression of a profound national commitment
to ensuring an open government.” The President’s memorandum and the Attorney General’s guidelines, subsequently issued on
March 19, 2009, do not change the requirements of the statute, but rather how Agencies think about the FOIA. The Attorney
General emphasizes that agencies should adopt a presumption in favor of disclosure when making FOIA decisions and not withhold
information just because it is technically permitted under the law. In July 2009, consistent with the Attorney General’s guidelines,
the Secretary issued a memorandum to all employees addressing: The presumption of openness that the President called for in
his January 21, 2009, memorandum The new standard for defending agencies in FOIA cases (the foreseeable harm standard) The
need to make information available proactively via the Internet to achieve transparency and the “new era of open Government”
that the President envisions The Secretary made it clear that the President’s and Attorney General’s messages extend beyond
the boundaries of the FOIA. They called upon agencies to aggressively increase proactive disclosures of information that is
of interest to the public, thus vastly increasing information that is available on the Internet. The Department provided training
to various employees at all levels on the Administration’s FOIA and Openness/Transparency policies. Additionally, DOI has
developed a directive to Heads of bureaus/Offices, which is currently being finalized, that provides additional guidance for
implementing the Administration’s policy regarding the review of documents under the FOIA. Strategies for Reducing Backlogs
at DOI As reflected in the FY 2009 FOIA Annual Report, five out of 11 bureaus/Offices had significant backlogs, i.e., backlogs
of 50 or more requests. Some of DOI’s backlog is fluid. In some cases, the backlog is due to the fact that natural disasters
or other newsworthy events can cause unforeseen, significant spikes in the number of FOIA requests received (e.g., Exxon Valdez
oil spill, Hurricane Katrina, the status of certain endangered/threatened species, and wild horses and burros on public lands).
This ebb and flow in processing is difficult to predict and mitigate given the highly decentralized nature of DOI’s bureaus
and offices. Also, the wide geographical areas that DOI programs and services cover as well as the various regional organizational
structures within each bureau create additional processing challenges that exacerbate DOI’s FOIA backlog. Planned actions
for backlog reduction where needed: Proactively release information of interest to the public: Make more information available
online in an effort to reduce the need for the public to make FOIA requests. Supplement existing resources: From FY 2007 to
FY 2009, DOI faced an overall 31 percent decrease in the number of personnel assigned to FOIA. At the same time, the number
of requests received increased by six percent. These factors, and the fact that many requests DOI receives are complex in
nature, point to the need for more resources for certain bureaus/offices. Several bureaus/offices have either recently acquired
or are in the process of recruiting or detailing additional full-time equivalent personnel (FTEs) and/or contract hires to
assist in processing requests and reducing their backlogs. Other bureaus have requested or are in the process of requesting
additional resources for backlog reduction. Enhance training for FOIA Staff: The Department plans to enhance its training
efforts in FY 2010 to ensure that FOIA personnel receive the training they need to properly and promptly respond to any FOIA
requests they receive. This includes development of an online computer-based training (CBT) module which should be launched
by the end of FY 2010. Improve communication for greater efficiency: Requesters unfamiliar with FOIA or the inner workings
of DOI bureaus and offices may make unintentionally broad requests. To counter this, DOI will enhance efforts to improve communication
with FOIA requesters. This includes working with the requesters to scope or clarify the information being sought to make the
requests more manageable and reduce processing time for the agency while also improving service to the FOIA community. Other
strategies include: DOI will collaborate with the bureaus and offices in determining reasons for individual backlogs and in
identifying remedial actions, as appropriate. Some bureaus/offices will conduct weekly quality control checks to ensure that
all data in the Department’s electronic FOIA tracking system (EFTS) is updated in a timely manner and accurately reflects
the status and/or disposition of requests. Some bureaus/offices will send automated ticklers to FOIA coordinators and managers
regarding overdue requests and/or employ standardized FOIA search forms to facilitate responses from program offices.
Indicator(s):
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