FOIA Advisory Committee Recommendations Dashboard
The first five terms of the FOIA Advisory Committee made a total of 67 recommendations for improving FOIA administration across the government: one in 2016; seven in 2018; 22 in 2020; one in 2021; 20 in 2022; one in 2023; and 15 in 2024. This dashboard describes each recommendation, actions taken to fulfill each, and links to reports, correspondence and other related material.
The dashboard indicates whether recommendations are completed, in progress, pending, deferred or rejected. Closed recommendations are marked completed.
- COMPLETED means that we have fulfilled the recommendation although opportunities may exist for additional work.
- IN PROGRESS means work has begun on fulfilling the recommendation.
- PENDING means work has not yet started on the recommendation.
- DEFERRED means the recommendation is on hold pending the outcome of a feasibility study.
- REJECTED means the Acting Archivist of the United States did not accept the recommendation.
NOTE: Recommendations that are Completed or Rejected are listed below the table.
Last Updated on November 15, 2024
| Number of Reports | Number of Recommendations | Number of Completed Recommendations | Number of Recommendations In Progress | Number of Pending Recommendations | Number of Deferred Recommendations | Number of Rejected Recommendations |
6 |
67 |
33 |
18 |
11 |
4 |
1 |
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Committee |
Recommendation No. |
Recommendation Description |
Recommendation Category |
Status |
Action Taken |
|---|---|---|---|---|---|
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The Department of Justice, Office of Information Policy (OIP), will issue guidance related to the inclusion of records management-related materials and FOIA handbooks on agency websites. |
ENHANCING ONLINE ACCESS |
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OGIS Issue Assessment: Agency FOIA Websites, published in November 2022, fulfilling Recommendation 2020-01, found that a majority of agencies (81%) did not describe or link to their agency’s records schedule and (72%) did not define an “agency record.” OGIS shared the assessment with OIP. The National Archives and Records Administration provides a range of records management resources, available on this Records Management Regulations, Policy and Guidance webpage.
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Agencies will work toward the goal of collecting, describing, and giving access to FOIA-released records in one or more central repositories, and on agency websites. |
ENHANCING ONLINE ACCESS |
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The Office of Information Policy (OIP) developed an interactive tool on FOIA.gov to help the public more easily locate records online or find the right agency to submit their FOIA requests when information is not already posted. The FOIA Wizard is the initial phase of a multiphase project. Enhancing user experience on FOIA.gov is a commitment in the Fifth U.S. Open Government National Action Plan. |
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| 2018-2020 | 2020-11 |
The Department of Justice, Office of Information Policy (OIP), will provide guidance to agencies on the use of e-discovery tools to assist agencies in their searches of electronic records in response to FOIA requests. |
TECHNOLOGY |
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Many of the vendors that participated in the 2022 NexGen FOIA Tech Showcase and the 2024 NexGen FOIA Tech Showcase 2.0 shared their commercial e-discovery tools for searching for records responsive to FOIA requests. The Chief FOIA Officers (CFO) Council Technology Committee and the Office of Information Policy (OIP) hosted an Artificial Intelligence 101 Workshop for FOIA in 2020. The Technology Committee’s Search/Artificial Intelligence Working Group continues to study the issue, and the Committee is working on a white paper on e-discovery. Agencies continue to report on their CFO Reports efforts to implement e-discovery and other tools. OIP, in its Guidance for Further Improvement Based on 2021 CFO Report Review and Assessment, continued to encourage agencies to leverage technology for greater efficiency.
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| 2018-2020 | 2020-17 | The Chief FOIA Officers (CFO) Council will work with agency leadership to issue an annual memorandum on the importance of FOIA. | CHIEF FOIA OFFICERS COUNCIL | |
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| 2018-2020 | 2020-21 | The Archivist of the United States will actively guide ongoing and future federal data strategies to include FOIA and federal recordkeeping policies. | LOOKING TO THE FUTURE |
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The Chief Records Officer for the U.S Government issued an assessment, Agency Chief Data Officer Coordination with Records Management Programs, in March 2022. Although the assessment does not reference FOIA, there is a crucial relationship between records and data management and FOIA. |
| 2018-2020 | 2020-22 | The Archivist of the United States will promote research into the use of artificial intelligence and machine learning to improve FOIA searches and efficiently process FOIA requests. | LOOKING TO THE FUTURE |
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The National Archives and Records Administration (NARA) published its 2024 Inventory of Artificial Intelligence (AI) Use Cases in September 2024. The inventory documents current and planned uses of AI, including a FOIA Discovery AI Pilot. NARA aims to use AI to streamline the FOIA request process by using natural language processing to search records based on content similarity to the FOIA query. The AI would also automatically redact sensitive information from the records, such as personal information or other details, depending on the nature of the request. Testing is currently underway. The Archivist of the United States in December 2023 established the FOIA and AI Executive Steering Committee, and in March 2024, the National Archives hosted a Sunshine Week panel discussion, “Artificial Intelligence: The Intersection of Public Access and Open Government.” |
| 2020-2022 | 2022-01 |
The Department of Justice, Office of Information Policy (OIP) should issue guidance to agencies that they use the internationally recognized “Neither Confirm Nor Deny” (NCND) instead of Glomar. |
NEITHER CONFIRM NOR DENY | |
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| 2020-2022 | 2022-03 |
Agencies should post on their FOIA websites information for requesters about “Neither Confirm Nor Deny”/Glomar responses. |
NEITHER CONFIRM NOR DENY | |
OGIS published a FOIA Ombuds Observer, NCND/Glomar: When Agencies Neither Confirm Nor Deny the Existence of Records, in March 2024. Written for requesters, the Observer can be shared with requesters on agency FOIA websites. |
| 2020-2022 | 2022-04 | A relevant organization should study the use of “Neither Confirm Nor Deny”/Glomar responses. | NEITHER CONFIRM NOR DENY | |
The Reporters Committee for Freedom of the Press published an analysis of FOIA Glomar responses to neither confirm nor deny the existence of records between fiscal year (FY) 2017 and FY 2021, in March 2024. The Reporters Committee intends to publish further analyses and, eventually, all the data received for further examination. |
| 2020-2022 | 2022-05 | Executive order (EO) 13526 should be amended to require that in cases where information withheld from public release does not contain the markings specified in the governing Executive Order, agencies must add these markings. | CLASSIFIED INFORMATION |  |
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| 2020-2022 | 2022-06 |
The Archivist of the United States will request that the Inspector General for the Intelligence Community review agencies’ compliance with EO 13526 particularly as it related to marking of classified information. |
CLASSIFIED INFORMATION | |
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| 2020-2022 | 2022-07 | The Department of Justice Office of Information Policy (OIP) will encourage agencies to post on their FOIA websites certain information beyond what is required by law. | ENHANCING ONLINE ACCESS | |
OIP will take this recommendation into account when it updates guidance on FOIA webpages. OIP’s existing guidance on proactive disclosures encourages agencies to go beyond FOIA’s requirements in posting records to their websites. The Attorney General’s FOIA Guidelines also emphasize the importance of maximizing efforts to post more records online. OGIS Issue Assessment: Agency FOIA Websites, published in November 2022, encourages agencies to post on their FOIA websites certain information beyond what is required by law.
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| 2020-2022 | 2022-08 | The Chief FOIA Officers Council will establish a working group within two years to determine best practices for release of records in native format, including metadata. | TECHNOLOGY | |
The Technology Committee is expected to establish a working group early in FY 2025. |
| 2020-2022 | 2022-10 |
Agencies should endeavor to provide regular and proactive online publication of searchable FOIA logs containing certain information in Excel/CSV (comma-separated values) format. |
ENHANCING ONLINE ACCESS | |
In a March 15, 2022, Memorandum for Heads of Departments and Agencies, the Attorney General issued FOIA guidelines emphasizing the importance of proactive disclosures. |
| 2020-2022 | 2022-14 |
A comprehensive assessment of the Department of Homeland Security (DHS) processes, workforce and technology should be initiated as it relates to A-Files responsive to FOIA requests. |
PROVIDING ALTERNATIVES TO FOIA ACCESS | |
A subcommittee of the Homeland Security Advisory Council, formed to independently advise the DHS Secretary, recommended in March 2023 that DHS engage an internal component or a contractor to assess the agency’s first-person requests and make recommendations for the design and implementation of an alternative system. The recommendation goes on to say that any assessment should be completed within 12 months of initiation, and that DHS should seek funding from Congress for such a study. |
| 2020-2022 | 2022-15 |
Congress should give OGIS the authority to make binding decisions.
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REIMAGINING OGIS |
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The Acting Archivist of the United States paused action on this recommendation pending review of the outcome of Recommendation 2022-19. |
| 2020-2022 | 2022-16 | Congress should give OGIS the authority to review records in camera. | REIMAGINING OGIS |  |
The Acting Archivist of the United States paused action on this recommendation pending review of the outcome of Recommendation 2022-19. |
| 2020-2022 | 2022-17 | Congress should create a direct line-item appropriation for OGIS. | REIMAGINING OGIS | |
The Acting Archivist of the United States paused action on this recommendation pending review of the outcome of Recommendation 2022-19. |
| 2020-2022 | 2022-18 | Congress should increase OGIS’s budget. | REIMAGINING OGIS | |
The Acting Archivist of the United States paused action on this recommendation pending review of the outcome of Recommendation 2022-19. |
| 2020-2022 | 2022-19 | The Archivist of the United States should commission a feasibility study, incorporating input from requesters and agencies, to more deeply explore the costs and benefits of recommendations 2022-15 through 2022-18, and refine the proposals to aid Congress in drafting legislation. | REIMAGINING OGIS | |
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| 2022-2024 | 2023-01 |
The Department of Justice Office of Information Policy (OIP) should issue guidance stating that when agencies use FOIA Exemption 5 to withhold information they should identify the corresponding privilege(s) invoked (e.g., deliberative process, attorney-client, etc.) in redaction labels and, if the record is withheld in full, in its determination letter. . |
PROCESS IMPROVEMENTS | |
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| 2202-2024 | 2024-01 |
The Department of Justice Office of Information Policy (OIP) should publish the Committee’s draft model determination letter as a best practices reference for agencies. |
PROCESS IMPROVEMENTS | |
The Committee voted 18-0 on a model determination letter, available in Appendix B (page 47) of the Committee’s 2022-2024 Final Report and Recommendations. |
| 2022-2024 | 2024-02 | The Department of Justice Office of Information Policy (OIP) should issue guidance encouraging agencies to proactively offer requesters the opportunity to discuss their request with an agency representative. | PROCESS IMPROVEMENTS | |
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| 2022-2024 | 2024-03 | The Department of Justice Office of Information Policy (OIP) should issue guidance encouraging agencies to provide requesters an interim response consisting of a small sample of documents found as the result of searches conducted and subsequently reviewed for partial or full withholding. | PROCESS IMPROVEMENTS | |
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| 2022-2024 | 2024-05 | The Office of Personnel Management (OPM) should add the 0306 Government Information Specialist (GIS) Job Series to the direct hiring authority list. | STAFFING | |
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| 2022-2024 | 2024-06 | The Chief FOIA Officers Council, through its Committee on Cross-Agency Collaboration and Innovation (COCACI), should organize agencies to participate in a “talent pool” posting through OPM. | STAFFING | |
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| 2022-2024 | 2024-07 | The Chief FOIA Officers Council, through its Committee on Cross-Agency Collaboration and Innovation (COCACI), should create and maintain a database on its website of position descriptions in the Government Information Specialist (GIS) job series at various grades. | STAFFING | |
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| 2022-2024 | 2024-08 | The General Services Administration (GSA) should create a labor category on the GSA schedule specifically for FOIA contractors to facilitate efficient procurement if an agency determines it needs contractor support. | STAFFING | |
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| 2022-2024 | 2024-09 | Federal agencies should expand public engagement activities focused on improving all aspects of their FOIA process. | PUBLIC ENGAGEMENT | |
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| 2022-2024 | 2024-10 | The Archivist of the United States should propose that the Office of Management and Budget, the Office of Information Policy, and other agency participants in future U.S. National Action Plans for Open Government include new and continuing commitments to improving FOIA administration. | OPEN GOVERNMENT | |
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| 2022-2024 | 2024-11 | The Chief FOIA Officers Council should form a working group to analyze the interest in and need for 1) a shared FOIA case management system and 2) a centralized records repository for use by federal agencies and the public. | TECHNOLOGY | |
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| 2022-2024 | 2024-12 | The Chief FOIA Officers Council Technology Committee and interested agencies publish requests for information (RFIs) on the subject of artificial intelligence (AI) tools and techniques as an aid to FOIA processing. | TECHNOLOGY | |
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| 2022-2024 | 2024-13 | The Office of Government Information Services (OGIS) and the Department of Justice Office of Information Policy (OIP) should follow up with selected agencies and other government entities in an effort to increase compliance with past recommendations of the FOIA Advisory Committee. | IMPLEMENTATION | |
OIP, in its 2025 Chief FOIA Officer Report Guidelines, is asking agencies that received more than 50 requests in fiscal year 2024 to report on their familiarity with the FOIA Advisory Committee and its recommendations, and whether they have implemented any of the Committee’s recommendations or found them to be helpful. |
| Committee Term | Recommendation No. | Recommendation Description | Recommendation Category | Status | Action Taken |
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| 2016-01 | The Archivist of the United States will recommend to the Office of Management and Budget (OMB) that it update its 1987 OMB Guidelines for FOIA Fees, which govern FOIA fees government-wide. | FOIA FEES |  |
The Archivist sent a letter to OMB on August 26, 2016, asking for revisions to reflect technological changes and to clarify fee issues. The Office of Government Information Services (OGIS) provided OMB with suggested updates to the guidelines. OMB published a May 20, 2020, Federal Register notice, proposing revisions to sections of its Uniform Freedom of Information Act Fee Schedule and Guidelines and inviting public comments. OMB addressed comments and finalized revisions in a December 17, 2020, Federal Register notice. |
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| 2016-2018 | 2018-01 | The Archivist of the United States will propose that the Chief FOIA Officers (CFO) Council establish a technology subcommittee, in partnership with the Chief Information Officers (CIO) Council, to study the utilization and deployment of FOIA technology across agencies and identify best practices and recommendations to implement across agencies. | SEARCH TECHNOLOGY | |
The CFO Council established the CFO Technology Committee in 2018, and in 2020 and 2021, the Committee published three reports on FOIA Technology, video redaction, and FOIA searches. The Committee continues to meet and in February 2022 collaborated with the Office of Government Information Services (OGIS) and the Office of Information Policy (OIP) on the NexGen FOIA Tech Showcase, a two-day event showcasing FOIA technology to assist the FOIA process. NextGen FOIA Tech Showcase 2.0 is scheduled for May 14-15, 2024. |
| 2016-2018 | 2018-02 | The Archivist of the United States will request that the Department of Justice, Office of Information Policy (OIP), collect detailed information, as part of each agency’s Chief FOIA Officer (CFO) Report, regarding the specific methods and technologies agencies are using to search their electronic records, including email. | SEARCH TECHNOLOGY | |
OGIS analyzed agency responses to a 2019 CFO Report question for an issue assessment, Leveraging Technology to Improve FOIA Searches, published in July 2019. OGIS’s assessment shows that FOIA processors at some federal agencies work across disciplines, collaborate with agency technology experts, and leverage technology tools to more efficiently search for records, including emails. The findings show that the FOIA process works best when agency FOIA programs cooperate with other program offices to improve searches for responsive records. For the 2023 and 2024 CFO Reports, OIP asked agencies: Does your agency currently use any technology to automate record processing? For example, does your agency use machine learning, predictive coding, technology assisted review or similar tools to conduct searches or make redactions? |
| 2016-2018 | 2018-03 | The Archivist of the United States will suggest a modification to the Federal Acquisition Regulation (FAR) to require all agencies, when acquiring electronic records management software, electronic mail software, and other records related information technology, to consider features that will help facilitate the agencies’ responsibilities under FOIA to provide access to federal agency records.” [The FAR governs how federal agencies acquire goods and services through purchase or lease.] | SEARCH TECHNOLOGY | |
The Office of Government Information Services (OGIS) drafted a business case in FY 2019 that would modify the FAR to require access to federal agency records as a consideration in the procurement process. The National Archives and Records Administration (NARA) submitted the business case to the Office of Management and Budget (OMB) in early FY 2020 for consideration by the Federal Acquisition Regulatory Council. We consider this recommendation complete and will continue to urge this amendment to the FAR. |
| 2016-2018 | 2018-04 | The Archivist of the United States will launch an interagency effort to develop standard requirements for FOIA processing tools, to ensure that both the tools and their outputs are Section 508-compliant. [Section 508 of the Rehabilitation Act requires, among other things, that all records posted to agency websites be accessible to people with disabilities unless doing so would pose an “undue burden” on the agency.] | FOIA AND ACCESSIBILITY | |
The Office of Government Information Services (OGIS) helped launch an interagency effort to address the challenges of FOIA and 508 compliance through the Technology Committee of the Chief FOIA Officers (CFO) Council. The Technology Committee in 2020 established the 508 Compliance and Collaborative Tools interagency working group. Additional aspects of this recommendation were addressed through the submission of the Federal Acquisition Regulation (FAR) business case (see Recommendation 2018-03). |
| 2016-2018 | 2018-05 | The Archivist of the United States will request that the Office of Government Information Services (OGIS) conduct an assessment of the methods undertaken by agencies to prepare documents for posting on agency FOIA reading rooms. | FOIA AND ACCESSIBILITY | |
OGIS Issue Assessment: Methods Agencies Use to Prepare Documents for Posting on Agency Freedom of Information Act (FOIA) Websites, published in December 2020, offers 18 best practices for agencies to consider when preparing and posting documents. The assessment’s foundation came from Assessing Freedom of Information Act (FOIA) Compliance through the 2018 National Archives and Records Administration’s Records Management Self-Assessment which showed that, generally, agencies are complying with FOIA’s mandate and have procedures for preparing documents for posting on FOIA reading rooms; and it is largely FOIA staff who are preparing documents for posting. |
| 2016-2018 | 2018-06 | The Archivist of the United States will encourage the Office of Government Information Services (OGIS) to highlight the issues with proactive disclosure and Section 508 compliance in its report to Congress by recommending that legislation be enacted to clarify agency requirements under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794d, especially as they relate to proactive posting of large numbers of records. | FOIA AND ACCESSIBILITY | |
OGIS included a recommendation to Congress in our Annual Report for FY 2018: OGIS recommends that Congress pass legislation to provide agencies with sufficient resources to comply with the requirements of both FOIA and Section 508 of the Rehabilitation Act of 1973, as amended, especially as they relate to proactive posting of large numbers of records. We provided three possible legislative options, not mutually exclusive, that may be pursued. OGIS continues to observe agencies struggling with balancing the requirements of both statutes, and renewed the recommendation to Congress in our Annual Report for FY 2020 and our Annual Report for FY 2021. |
| 2016-2018 | 2018-07 | The Archivist of the United States will direct the Office of Government Information Services (OGIS) to examine the use of appropriate performance standards in federal employee appraisal records and work plans to ensure compliance with the requirements of FOIA and OGIS will submit the results of its assessment and any recommendations to Congress and the President in accordance with 5 U.S.C. § 552(h)(5). | FOIA AND PERFORMANCE STANDARDS | |
OGIS Issue Assessment: Freedom of Information Act (FOIA) Performance Measures for Non-FOIA Professionals, published in September 2020, found that agencies largely communicate FOIA responsibilities to employees, including non-FOIA professionals; agency implementation of FOIA performance measures for non-FOIA professionals varies; and there is no one-size-fits-all approach to implementation. OGIS submitted the assessment results to Congress and the President in 2021 as part of our Annual Report for FY 2020. OGIS recommended four actions for agencies to take. |
| 2018-2020 | 2020-01 | The Office of Government Information Services (OGIS) will assess information about the FOIA filing process available on agency websites, with the goal of further informing Department of Justice Office of Information Policy (OIP) guidance on how agencies may improve online descriptions of the process. | ENHANCING ONLINE ACCESS | |
OGIS Issue Assessment: Agency FOIA Websites, published in November 2022, found that almost all agency FOIA websites have deficiencies in the information they include; there are some data points that almost all agencies include; and agencies generally include ample information on their websites, but finding it can often be difficult. OIP updated its FOIA Self-Assessment Toolkit in March 2023 to include additional milestones for FOIA website development and maintenance and proactive disclosures. OIP’s update is a commitment in the Fifth U.S. Open Government National Action Plan. |
| 2018-2020 | 2020-04 | The National Archives and Records Administration (NARA) and the Department of Justice, Office of Information Policy (OIP), will offer records management training to FOIA officers and FOIA Public Liaisons in federal agencies, and include a FOIA module in records management training courses open to all federal employees. | FOIA TRAINING | |
The Office of Information Policy developed three e-Learning FOIA training modules for the federal workforce: executives, federal employees whose primary responsibility is not FOIA, and FOIA professionals. All three modules reference the importance of records management to FOIA and can be uploaded into agency online learning systems. To assist OIP in this effort, the Office of Government Information Services (OGIS) and the Office of the Chief Records Officer (CRO) for the U.S. Government developed a storyboard for use in online training in federal records management for all federal employees. And CRO’s Records Management Training, available to all federal employees, includes a module (L.1.031) on managing FOIA requests. The module is available for use in agency learning management systems or on an agency’s intranet. |
| 2018-2020 | 2020-05 | The Department of Justice, Office of Information Policy (OIP), will issue guidance requesting agencies to provide annual mandatory FOIA training to all new and current employees and contractors. The Office of Government Information Services (OGIS) and OIP will review agencies’ current FOIA training requirements and content. | FOIA TRAINING | |
The Associate Attorney General issued a memorandum to agency General Counsels and Chief FOIA Officers in August 2022 emphasizing three e-Learning FOIA training modules for the federal workforce: executives, federal employees whose primary responsibility is not FOIA, and FOIA professionals. All three modules can be uploaded into agency online learning systems. To review agencies’ FOIA training, OIP asked agencies in their 2021, 2022, 2023 and 2024 Chief FOIA Officer Reports about training, including topics covered and to what extent non-FOIA staff and senior leaders are trained about FOIA. |
| 2018-2020 | 2020-06 | The Office of Government Information Services (OGIS) and the Department of Justice, Office of Information Policy (OIP), will assist agencies in developing FOIA and records management briefings for incoming senior leaders following changes in administration or leadership. | FOIA TRAINING | |
OGIS and the Office of the Chief Records Officer for the U.S. Government developed and shared with OIP background material on FOIA and records management for senior leaders. OIP created a 15-minute FOIA Training for Executives module that can be used in agency learning management systems. Additionally, the Archivist of the United States offers a three-minute Records Management Guidance for Political Appointees video. |
| 2018-2020 | 2020-07 | The Office of Government Information Services (OGIS) and the Department of Justice, Office of Information Policy (OIP), will review the FOIA performance measures used in Agency Performance Plans and Reports, encourage agencies to include FOIA in their performance plans and submit the results of their review and any recommendations to Congress and the President. | RAISING THE PROFILE OF FOIA WITHIN AGENCIES | |
OGIS Issue Assessment: The Freedom of Information Act’s Inclusion in Agency Performance Plans, published in September 2022, recommends that federal agencies that receive more than 50 FOIA requests annually should include FOIA in their annual performance plans, and those plans should include specific goals and metrics. OGIS will submit the results to Congress and the President in its 2023 Annual Report on Fiscal Year 2022 |
| 2018-2020 | 2020-08 |
The Department of Justice, Office of Information Policy (OIP), will collect information as part of Chief FOIA Officer Reports regarding standard operating procedures (SOPs) for FOIA processing. |
RAISING THE PROFILE OF FOIA WITHIN AGENCIES | |
OIP asked agencies in their 2021 Chief FOIA Officer Reports and 2022 Chief FOIA Officer Reports multiple questions regarding SOPs for the FOIA process. In addition, the Office of Government Information Services (OGIS) reported in Assessing Freedom of Information Act (FOIA) Compliance through the 2016 National Archives and Records Administration’s Records Management Self-Assessment, that 77% of respondents to the survey reported having SOPs for FOIA processing, while 12% reported having SOPs for some parts of the process. To help agencies establish or update their SOPs, OIP issued guidance on SOPs in 2023. |
| 2018-2020 | 2020-09 | The National Archives and Records Administration (NARA) will incorporate and further develop the idea of public access to federal records, including through FOIA, as part of its Federal Electronic Records Modernization Initiative (FERMI). | RAISING THE PROFILE OF FOIA WITHIN AGENCIES | |
NARA updated its Universal Electronic Records Management (ERM) Requirements in April 2020 to include FOIA. The ERM now requires agencies to manage records in ways that support proactive release under FOIA. The ERM further states that records management should support sufficiency of FOIA searches. The General Services Administration's Federal Acquisition Service, which procures goods and services for the government, now uses the updated ERM. OGIS will continue to monitor the issue. |
| 2018-2020 | 2020-10 | The National Archives and Records Administration (NARA) and the Department of Justice, Office of Information Policy (OIP), will establish liaisons with the Chief Data Officers (CDO) Council to ensure that Council officials understand the importance of federal recordkeeping and FOIA requirements. | RAISING THE PROFILE OF FOIA WITHIN AGENCIES | |
The Directors of the Office of Government Information Services (OGIS) and OIP and the Chief Records Officer for the U.S. Government are ex officio members of the CDO Council, and work to ensure that the Council understands federal recordkeeping and FOIA requirements. |
| 2018-2020 | 2020-12 | Agencies will publicly release FOIA documents on their FOIA websites and portals in open, legible, machine-readable and machine-actionable formats, to the extent feasible. | TECHNOLOGY | |
While opportunities exist for additional work on this recommendation, agencies reported in their 2021, 2022, 2023 and 2024 Chief FOIA Officer Reports on this issue and provided examples of steps taken to post information in open, machine-readable and machine-actionable formats, to the extent feasible. OIP and OGIS will continue to encourage agencies to post documents in open, legible and machine-readable formats. |
| 2018-2020 | 2020-13 | Agencies will review their FOIA-related technological and staffing capabilities within two years to identify the resources needed to respond to current and anticipated future FOIA demands. | TECHNOLOGY | |
Agencies reported in their 2022 and 2023 Chief FOIA Officer Reports whether they had reviewed their FOIA technology and staffing. The Office of Government Information Services (OGIS) noted in its Annual Report for FY 2020 that such a review “would put agency FOIA programs on a firm footing for asking their agency leadership and Congress for more resources.” OIP and OGIS will continue to encourage agencies to review FOIA staffing and technology. |
| 2018-2020 | 2020-14 | The Office of Government Information Services (OGIS) and the Department of Justice, Office of Information Policy (OIP), will help agencies explore and consider alternative, more efficient ways for requesters to access records about themselves. | PROVIDING ALTERNATIVES TO FOIA ACCESS | |
OIP asked agencies in their 2021 Chief FOIA Officer Reports to describe any common categories of first-party requests and whether the agencies have explored establishing non-FOIA access to those records. OGIS published an assessment on Commonly Requested Categories of First-party Records in August 2021 that makes three recommendations, including that agencies explain, in plain language, on FOIA websites the steps requesters should take to obtain access to first-party records. The 2020-2022 term of the FOIA Advisory Committee made four recommendations — 2022-11, 2022-12, 2022-13, and 2022-14 — that build on this recommendation. |
| 2018-2020 | 2020-15 | Agencies will make commonly requested documents available outside of the FOIA process, including in publicly accessible online databases. | PROVIDING ALTERNATIVES TO FOIA ACCESS | |
While opportunities exist for additional work on this recommendation, the 2020-2022 term of the FOIA Advisory Committee made four recommendations — 2022-11, 2022-12, 2022-13, and 2022-14 — that build on this recommendation. The Committee noted in its Final Report and Recommendations that several agencies have made commonly requested first-person records available outside of FOIA. |
| 2018-2020 | 2020-16 | The Chief FOIA Officers (CFO) Council will create a committee to research and propose cross-agency grant programs and other FOIA funding sources, create career paths for FOIA professionals, and promote models to align agency resources with agency transparency. | CHIEF FOIA OFFICERS COUNCIL | |
The CFO Council established the Committee on Cross-Agency Collaboration and Innovation (COCACI) which began meeting in March 2021. COCACI meets monthly and is focusing on virtual FOIA office administration; Government Information Specialist (GIS) job series; and technology standardization. While opportunities for more research regarding FOIA funding sources exist, OGIS considers this recommendation completed |
| 2018-2020 | 2020-18 | The Archivist of the United States will ask the Council of the Inspectors General on Integrity and Efficiency (CIGIE) to consider a cross-cutting project examining how successful agency FOIA programs are in providing access to agency records in electronic and digital form. | OVERSIGHT | |
The Acting Archivist sent a letter to the chairpersons of CIGIE’s Audit and Inspection & Evaluations Committees requesting a cross-cutting project in April 2023. The Office of Government Information Services (OGIS) presented the project to the Committees in April 2023, and in August 2023, CIGIE leadership informed OGIS that although a cross-cutting project would not be launched, the two Committees agreed to add the FOIA Advisory Committee’s recommendation to a list of ongoing considerations for two working groups. CIGIE noted that it lacks the legal authority and jurisdiction to require member Inspectors General to perform specific work. |
| 2018-2020 | 2020-19 | The Office of Government Information Services (OGIS) will ask Congress to engage in regular and robust oversight of FOIA, hold more hearings, establish regular and coordinated communication with agencies around FOIA issues, and strengthen OGIS with clearer authority and expanded resources. | OVERSIGHT | |
OGIS recommended in our Annual Report for FY 2020 that Congress ask the Government Accountability Office (GAO) to pinpoint systemic and/or specific compliance issues at agencies that Congress could then address in a targeted fashion either through hearings or additional inquiries. GAO published a report in March 2024 that found that additional FOIA guidance and reliable data can help address agency backlogs. GAO directed four recommendations to the Department of Justice. The 2020-2022 term of the FOIA Advisory Committee made six recommendations pertaining to OGIS: 2022-15, 2022-16, 2022-17, 2022-18, 2022-19, and 2022-20.
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| 2018-2020 | 2020-20 | The Office of Government Information Services (OGIS) will ask Congress to address funding for agency FOIA programs and ensure that agencies have sufficient resources to comply with the FOIA. | OVERSIGHT | |
OGIS recommend in our Annual Report for FY 2020 that Congress ask the Government Accountability Office (GAO) to conduct a study of the funding for agency FOIA programs to determine whether agencies have adequate funding to comply with FOIA and to respond to requests in a timely manner, and what additional resources agencies need in order to improve the FOIA process overall. |
| 2020-2022 | 2021-01 | The Archivist of the United States will ask Congress to expand public access to federal records in congressional support offices by creating disclosure procedures modeled after FOIA. | ENHANCING ACCESS TO SOME CONGRESSIONAL RECORDS | |
The Office of Government Information Services (OGIS) delivered the recommendation to the Archivist of the United States after the Committee’s vote at its June 10, 2021, meeting. OGIS transmitted the recommendation in letters to the chairpersons and ranking members of the Senate Judiciary Committee and the House Committee on Oversight and Reform on May 15, 2022. |
| 2020-2022 | 2022-02 | Agencies should report annually on agency use of “Neither Confirm Nor Deny”/Glomar responses. | NEITHER CONFIRM NOR DENY | |
Agencies reported in their 2023 and 2024 Chief FOIA Officer Reports whether they track whether a request involved a Glomar response and if so, the number of times such a response was issued fully or partially, and the number of times a Glomar response was issued by exemption. Agencies that do not track the use of Glomar responses were asked to describe what resources and time would be needed to track such responses in the future. |
| 2020-2022 | 2022-09 | The Chief FOIA Officers Council should establish a working group to study and recommend resolutions to challenges between FOIA and 508 compliance. | FOIA AND ACCESSIBILITY | |
A working group of the Technology Committee of the Chief FOIA Officers Council examined the intersection of 508 compliance and FOIA (See Recommendation 2018-04). In March 2024, the Department of Justice Office of Information Policy (OIP) published in the Federal Register a request for public comment on the first set up FOIA standards being developed. Comments will be used to formulate business standards for agency FOIA case management systems. |
| 2020-2022 | 2022-11 | The Department of Justice (DOJ) Office of Information Policy (OIP) will urge agencies to remove from first-person FOIA practice any records that agencies use to determine the individual’s eligibility for benefits or affect an individual in proceedings. | PROVIDING ALTERNATIVES TO FOIA ACCESS | |
In a March 15, 2022, Memorandum for Heads of Departments and Agencies, the Attorney General issued FOIA Guidelines encouraging agencies to examine whether they have records they would make more readily accessible without requiring individuals to file FOIA requests. Additionally, agencies reported in their 2021, 2022, 2023 and 2024 Chief FOIA Officer Reports on whether they have explored alternative means of access to first-person information. |
| 2020-2022 | 2022-12 | Agencies should amend any regulations, directives, policies, and guidance to provide individuals, regardless of whether they have legal representation in agency proceedings, access to records about themselves. | PROVIDING ALTERNATIVES TO FOIA ACCESS | |
Agencies reported in their 2021, 2022, 2023 and 2024 Chief FOIA Officer Reports on whether they have explored alternative means of access to first-person information. The Attorney General’s FOIA Guidelines also encourage agencies to examine whether they have records they could make more readily accessible without requiring individuals to file FOIA requests. |
| 2020-2022 | 2022-13 | Agencies that receive first-person requests should identify the most commonly requested record and develop a plan for processing such records that leverages technology, and promotes efficiency and good customer service. | PROVIDING ALTERNATIVES TO FOIA ACCESS | |
The Attorney General’s FOIA Guidelines note that DOJ’s Executive Office for Immigration Review changed its handling of requests for records of immigration court proceedings. Additionally, agencies reported in their 2021, 2022, 2023 and 2024 Chief FOIA Officer Reports on whether they have explored alternative means of access to first-person information. |
| 2022-2024 | 2024-04 | The Department of Justice Office of Information Policy (OIP) should issue guidance to all Chief FOIA Officers outlining the minimum requirements for training to agency staff, including non-FOIA professionals. | TRAINING | |
The Department of Justice Office of Information Policy issued guidance on FOIA training and the role of the Chief FOIA Officer in its Summary of Agency Chief FOIA Officer Reports for 2024 and Assessment of Agency Progress in FOIA Administration with OIP Guidance for Further Improvement (page 17.) |
| 2022-2024 | 2024-14 | The Department of Justice Office of Information Policy (OIP) should include one or more specific questions in annual Chief FOIA Officer reports requesting agencies to report on activities that they have implemented consistent with selected FOIA Advisory Committee recommendations. |
IMPLEMENTATION |
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OIP, in its 2025 Chief FOIA Officer Report Guidelines, is asking agencies that received more than 50 requests in fiscal year 2024, to answer several questions pertaining to the FOIA Advisory Committee and its recommendations. |
| 2022-2024 | 2024-15 | The FOIA Advisory Committee should create a working group to study the implementation of past recommendations. |
IMPLEMENTATION |
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The 2024-2026 term of the FOIA Advisory Committee created an Implementation Subcommittee to increase the adoption and integration of past Committee recommendations, building on the work done by the 2022-2024 Implementation Subcommittee. |
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Committee Term |
Recommendation No. | Recommendation Description | Recommendation Category | Status | Action Taken |
|---|---|---|---|---|---|
| 2020-2022 | 2022-20 | The Archivist of the United States (AOTUS) should restore OGIS as a direct report to AOTUS. | REIMAGINING OGIS |
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The Acting Archivist of the United States rejected this recommendation. |
