The Future of FOIA: DOJ Seeks Public Input on Business Standards

In an effort to improve transparency and efficiency in the Freedom of Information Act (FOIA) process, the Department of Justice (DOJ) has issued a Request for Information on the establishment of new business standards. These standards are part of the Federal Integrated Business Framework (FIBF), a government-wide project to improve mission support services. The DOJ's Office of Information Policy (OIP) is leading the push to develop FOIA business standards that will improve consistency and efficiency across the federal government.

The suggested rules represent an important milestone in the growth of FOIA administration. The standards seek to promote the creation of more effective case management systems by creating a set of explicit, outcome-based business needs associated with each FOIA activity. These technologies will be critical for receiving, processing, and responding to FOIA requests, as well as managing appeals, fee estimation, and customer support. The standards also emphasize the need of incorporating modern technology, such as the ability to receive requests via FOIA.gov via an Application Programming Interface (API), in accordance with legislative requirements.

The target audience for this Request for Information is broad, including commercial vendors providing FOIA case management solutions, federal agencies in the process of acquiring new solutions, and FOIA requesters, particularly entities who routinely submit requests to government agencies. The DOJ takes an inclusive approach, asking stakeholders from all sectors to share their thoughts and skills. This joint effort is expected to provide standards that not only suit the demands of government agencies, but also address FOIA requesters' concerns and expectations.

The public's involvement in this process is important. Interested parties are asked to provide feedback on the proposed business standards, with a focus on the documenting of business processes, ease of understanding, and application to existing solutions and services. The feedback will help to refine the standards, making them more thorough and user-friendly. This open discussion between the government and its stakeholders demonstrates the DOJ's commitment to transparency and public involvement.

The consequences of these standards are potentially far-reaching. They give agencies with a template for establishing or improving FOIA case management systems, allowing for more efficient request processing and improved adherence to statutory deadlines. For suppliers, the guidelines provide advice on building solutions that meet the government's requirements, perhaps leading to more competitive alternatives in the market. For FOIA requestors, improved case management systems imply faster replies and more transparent interactions with government agencies.

The deadline for providing comments is May 17, 2024, giving stakeholders plenty of time to evaluate the proposed standards and provide constructive criticism. The DOJ has made it easy for the public to participate by taking comments via the Federal eRulemaking Portal or by mail. This inclusive approach guarantees that the final business standards take into account a wide range of opinions.

Finally, the DOJ's Request for Information on FOIA Business Standards is an important step forward in the ongoing effort to modernize and streamline the FOIA process. The DOJ hopes to build a set of standards that will improve the efficiency and effectiveness of FOIA administration throughout the federal government by encouraging collaboration among the government, commercial contractors, and the public. This project is a promising step toward a more transparent and responsive government.

FedFeather Frank says:

“The "DOJ Announcement - Request for Information Regarding Federal Integrated Business Framework Standards" is important for federal government contractors because it signifies a move towards standardizing business processes across federal agencies, which can lead to more efficient and consistent interactions between contractors and government entities. This standardization can potentially simplify compliance, reduce costs, and improve the overall effectiveness of government contracting.”

Based on the announcement by the Department of Justice (DoJ), federal government contractors should consider taking the following actions:

1. Review the Proposed Standards: Contractors should thoroughly review the proposed Freedom of Information Act (FOIA) business standards to understand how they work.

• For additional information about FOIA requests, read our article: Using FOIA Requests to Leverage Competitive and Business Intelligence

2. Provide Feedback: Contractors are encouraged to submit comments on the draft business standards, especially regarding their understandability, applicability, and any suggested changes. This is an opportunity to influence the final standards and ensure they are practical for both the government and contractors.

3. Consider Engaging with Industry Groups: Contractors may benefit from engaging with industry groups or consortiums to discuss the proposed standards and develop a collective response or suggestions for improvement.

4. Stay Informed: Contractors should stay informed about the progress and finalization of these standards, as they will likely impact the way FOIA requests are managed in future contracts.

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