Annual Report of the Freedom of Information Act Ombudsman for 2024 (under the 2025 Act)

The Department of Justice Office of Information Policy (OIP) is taking several steps to enhance the Freedom of Information Act (FOIA) process and promote transparency.

One of the key initiatives is the issuance of guidance encouraging federal agencies to provide requesters with an interim response consisting of a small sample of documents. This move aims to provide requesters with a glimpse of the information they have requested while the full response is being compiled.

Additionally, the OIP has completed guidance on FOIA training and the role of the Chief FOIA Officer. This guidance is intended to ensure that all agencies have a clear understanding of their responsibilities under FOIA and are equipped to handle requests effectively.

The OIP is also working on publishing a draft model determination letter as a best practices reference for agencies. This document will provide agencies with a template for responding to FOIA requests, helping to standardise responses and improve efficiency.

In a related development, the OIP is encouraging agencies to offer requesters the opportunity to discuss their request with an agency representative. This measure is designed to foster better communication between requesters and agencies, potentially leading to more efficient and effective processing of requests.

The OIP is not the only entity working on FOIA improvements. The FOIA Advisory Committee, a valuable resource for improving FOIA administration, has made a total of 67 recommendations. These recommendations cover all aspects of the FOIA process and are presented in a comprehensive manner on the FOIA Advisory Committee Recommendations Dashboard, available at https://www.ourwebsite.gov/ogis/foia-advisory-committee/dashboard.

The current status of all 67 recommendations can be found on the Dashboard, which is updated to reflect their current status. Some of the recommendations that are currently being addressed include expanding public engagement activities focused on improving all aspects of the FOIA process, creating a labor category on the GSA schedule specifically for FOIA contractors, and adding the Government Information Specialist (GIS) Job Series to the direct hiring authority list.

The General Services Administration (GSA), the Office of Personnel Management (OPM), and the Archivist of the United States have all submitted requests related to these recommendations. For instance, the GSA has a pending request to create a labor category on the GSA schedule specifically for FOIA contractors, while the OPM has a pending request to add the 0306 Government Information Specialist (GIS) Job Series to the direct hiring authority list.

The FOIA Advisory Committee's recommendations are a reflection of ongoing efforts to improve the FOIA process. The Committee's work is also being supported by the Chief FOIA Officers Council, through its Committee on Cross-Agency Collaboration and Innovation (COCACI). The COCACI has pending requests to organize agencies for a "talent pool" posting and to create and maintain a database on its website of position descriptions in the Government Information Specialist (GIS) job series.

The FOIA Advisory Committee's recommendations are a valuable resource for anyone interested in the FOIA process. The Committee's work is transparent, with the recommendations available for public viewing on the FOIA Advisory Committee Recommendations Dashboard. However, there is no clear information in the search results identifying a specific authority that fulfilled the FOIA Advisory Committee’s 2025 recommendation to form a working group to review past recommendations.

Lastly, the Archivist of the United States has a pending request to 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. This proposal, if accepted, could further enhance the FOIA process and promote greater transparency in government.

Annual Report of the Freedom of Information Act Ombudsman for 2024 (under the 2025 Act)