1. Department of Defense FOIA Website Compliance March 6, 2008 Internet Requirements Internet Requirements

2. Overview FOIA Reading Rooms FOIA Reading Rooms What are we legally required to post? What are we legally required to post? What are the implications of reading room designation? What are the implications of reading room designation? FOIA Websites FOIA Websites Function Function Contents Contents Maintenance Maintenance Proactive Disclosure Proactive Disclosure FOIA, 1996 Electronic FOIA Amendments (E-FOIA), Executive Order 13,392 FOIA, 1996 Electronic FOIA Amendments (E-FOIA), Executive Order 13,392

3. Subsection (a)(2): FOIA Reading Rooms All federal agencies must routinely make reading room records available for public inspection and copying All federal agencies must routinely make reading room records available for public inspection and copying Exceptions: Exceptions: Records automatically published under subsection (a)(1) Records automatically published under subsection (a)(1) Records offered for sale Records offered for sale

4. Reading Room Records Automatic disclosure for all reading room records Automatic disclosure for all reading room records What is the purpose? What is the purpose? Creates informed citizenry and prevents agency secret law Creates informed citizenry and prevents agency secret law Provides records of precedential value constituting working law of agency Provides records of precedential value constituting working law of agency Efficiently satisfies public demand Efficiently satisfies public demand

5. Reading Room Records: Considerations FOIA exemptions and privacy considerations still apply FOIA exemptions and privacy considerations still apply Remember security considerations Remember security considerations Must provide a general index to the records Must provide a general index to the records Records categorized as reading room records are generally not subject to subsection (a)(3) FOIA requests Records categorized as reading room records are generally not subject to subsection (a)(3) FOIA requests

6. Reading Room Records: Four Categories FOIAs Three Original Categories: Final Opinions & Orders Specifically, final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases Statements of Policy & Interpretations Statements of Policy & Interpretations Specifically, those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register Specifically, those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register Administrative Staff Manuals & Instructions Administrative Staff Manuals & Instructions Specifically, administrative staff manuals and instructions to staff that affect a member of the public Specifically, administrative staff manuals and instructions to staff that affect a member of the public

7. Reading Room Records: Four Categories, cont. E-FOIAs Hot Topics Requirement Specifically, records processed and disclosed in response to a FOIA request that because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records Hot Topics Considerations: The Rule of Three: third request triggers the requirement Only applies to records previously disclosed under FOIA Agencys best judgment determines likelihood of future requests Hot topics records still must be processed in FOIA requests

8. Electronic Reading Rooms What is required? What is required? Records created by agencies after November 1, 1996 must be posted electronically Records created by agencies after November 1, 1996 must be posted electronically Traditional reading rooms must still be maintained, but access to a computer monitor will suffice Traditional reading rooms must still be maintained, but access to a computer monitor will suffice Links to records may serve as an index Links to records may serve as an index Agencies should be mindful of the distinction between reading room records and discretionary postings Agencies should be mindful of the distinction between reading room records and discretionary postings

9. FOIA Websites - Functions Contain electronic reading rooms Contain electronic reading rooms Provide public with FOIA information Provide public with FOIA information Proactive disclosures Proactive disclosures Vital to efficient and Vital to efficient andcustomer-friendly FOIA administration

10. FOIA Websites - Contents General FOIA Information General FOIA Information Reference guide Reference guide Agency regulations Agency regulations FOIA points of contact FOIA points of contact Annual reports Annual reports Any helpful information! Any helpful information! Electronic FOIA Requests & Tracking Electronic FOIA Requests & Tracking

11. FOIA Websites – Contents, cont. Electronic Reading Rooms Electronic Reading Rooms Clearly index and link to electronic reading room records Clearly index and link to electronic reading room records Explain what is in electronic reading rooms Explain what is in electronic reading rooms Provide conventional reading room access information Provide conventional reading room access information Proactive Disclosures Proactive Disclosures Maintain separately from reading room records Maintain separately from reading room records Discretionary postings still need to be processed under FOIA Discretionary postings still need to be processed under FOIA Highly encouraged under the Executive Order! Highly encouraged under the Executive Order! Satisfy public demand and prevent unnecessary FOIA processing Satisfy public demand and prevent unnecessary FOIA processing

12. Website Maintenance Accuracy and timeliness are key to websites roles in FOIA administration Accuracy and timeliness are key to websites roles in FOIA administration Quarterly website reviews should: Quarterly website reviews should: Check for bad links Check for bad links Ensure contact information is accurate Ensure contact information is accurate Remove outdated information Remove outdated information Replace superseded information Replace superseded information

13. Conclusion Compliance with legal requirements under FOIA and E-FOIA Compliance with legal requirements under FOIA and E-FOIA Importance of proper categorization of electronic records Importance of proper categorization of electronic records E.O. 13,392s emphasis on proactive and customer-friendly websites E.O. 13,392s emphasis on proactive and customer-friendly websites