FOIA Guidance

Laws and Executive Orders

• The Freedom of Information Act, as amended (5 U.S.C. 552)
  
• Openness Promotes Effectiveness in Our National Government Act of 2007
  
• Executive Order 13392, "Improving Agency Disclosure of Information"  
• Executive Order 12600, "Predisclosure Notification Procedures for Confidential Commercial Information"

Administration Guidance

• Implementing FOIA's Statutory Exclusion Provisions (September 19, 2012)

Impact on Requests Processed by DOI Bureaus/Offices: Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as "exclusions." The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant's status has not been officially confirmed. The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within an exclusion are not subject to the requirements of the FOIA. So, when a component responds to your request it will limit its response to those records that are subject to the FOIA.

• Managing Government Records Directive M-12-18 (August 24, 2012)
  
• President's Memorandum for Heads of Executive Departments and Agencies on FOIA (January 21, 2009)
  
• President's Memorandum for Heads of Executive Departments and Agencies on Transparency and Open Government (January 21, 2009)
  
• Attorney General's Memorandum for Heads of Executive Departments and Agencies on FOIA (March 19, 2009)
  

Regulations

• DOI FOIA Regulations (effective as of January 30, 2013)
• • FAQs on Revisions to the Regulations
    
• DOI Privacy Act Regulations

FOIA Fees

• Office of Management and Budget (OMB) Guidelines for FOIA Fees
  
• Office of the Chief Information Officer Directive 2010-012 on FOIA Search and Review Fees   

Interior Policies, Procedures and Guidance

• The Impact of Missed Deadlines on FOIA Processing Fees (April 19, 2012)
• OCIO Directive 2010-011 Implementing Administration Guidelines for the FOIA (August 6, 2010)
  
• Deputy Secretary Hayes's FOIA Policy Guidance Information Memorandum (August 7, 2009)
  
• Secretary Ken Salazar's FOIA Policy Guidance Memorandum (July 2, 2009)
  
• OCIO Directive 2009-003 OPEN Government Act Provisions Taking Effect on December 31, 2008
  
• • Attachment: Examples of Misdirected Requests— OPEN Government Act of 2007
  • Attachment: April 2008 Memo on the FOIA Amendments of 2007
    
• Guidance on Multitrack Processing  
• Solicitor Guidance Regarding FOIA Requests for Personal Information of Commenters (May 25, 2006)
• Information Resources Management Bulletin No. 96-04 Processing FOIA Requests for Personal and Personnel-Related Information (March 1, 1996)
  

References

• Department of Justice FOIA Reference Guide
• Department of Justice-Office of Information Policy FOIA Post
• General Records Schedule 14, Information Services Records
• Guide for Obtaining Information
• Office of Government Information Services (OGIS) - Standard OGIS Language for Agencies:

As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS in any of the following ways:

Office of Government Information Services
National Archives and Records Administration
(OGIS) 8601 Adelphi Road
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Web: https://ogis.archives.gov
Telephone: 202-741-5770
Facsimile: 202-741-5769
Toll-free: 1-877-684-6448

Disclaimer: To the extent that anything included on the DOI FOIA website may be or could be construed as inconsistent with the law or DOI's regulations, the law and regulations will control DOI's responsibilities under the FOIA.