FREEDOM OF INFORMATION EXECUTIVE BRIEFING

Requires Disclosure • The Freedom of Information Act is a disclosure statute - it requires disclosure.

• FOIA permits withholding only if exemptions apply.

Informed Citizens • FOIA is an embodiment of the Jeffersonian ideal that an informed citizenry is vital to the functioning of a democracy.

Intent of FOIA • Prevent agencies from having secret law.

• Make the government accountable to the public for its actions.

FOIA Requirements • Federal Executive Branch agencies must: • publish rules • make manuals available for public inspection, and • make records available on request.

AGENCY RECORD • A record must be created or obtained by the agency and in its possession or under its control.

What is a Record?

• A record may take any form including paper, magnetic media or other electronic forms, microform and sound or video tapes.

Make Records Available on Request • Member of the Public - anyone but a Federal agency or a court of law - need not be a citizen or resident of United States

REQUEST • A request must "reasonably describe" the requested record an employee familiar with the subject matter could locate the record without unreasonable effort

DOJ GUIDANCE • Department of Justice provides government-wide guidance on FOIA issues FOIA Guide and Privacy Act Overview, FOIA Update, FOIA Post • Attorney General's memorandums

SSA GUIDELINES • SSA regulations at 20 CFR 401 and 402 • POMS chapter GN O33 • AIMS chapter 14

FOI Officer • By regulation, the Deputy Executive Director of the Office of Public Disclosure is SSA’s FOI Officer. Only the FOI Officer can decide whether or not to release a record in response to a FOIA request.

Notice to Requester • Decision on request • Reason for denial • Description of any withheld material • Decision on fees • Appeal rights • Name and title of responsible official

APPEAL PROCESS • OPD Staff prepares response • Concurrence of the Office of General Law • Consultation with DOJ as needed

APPEAL PROCESS • Review by agency head or designee currently the Executive Director of the Office of Public Disclosure • Requester may appeal further to court

Time Limits on Decisions • Initial Requests - 20 working days • Appeals - 20 working days • One 10 day extension is available under certain circumstances

FOIA ANNUAL REPORT • Required by law • Fiscal Year Report to Attorney General • DOJ must post all agencies’ reports on their web site

Electronic FOIA Amendments • Agencies must prepare FOIA Guide and post on web page • Electronic Reading Rooms • Make records available in electronic formats