Commission updates FOIA regulations

As required by the FOIA Improvement Act of 2016, the Commission has amended its regulations to change how certain records and documents are made available for public inspection, among other changes relating to FOIA procedures. The interim final rules will take effect on July 1, 2024.

Revised 11 CFR 4.4 requires the Commission to make specific categories of records and documents available for public inspection in electronic form. These materials are subject, however, to the exemptions outlined in 11 CFR 4.5, including certain inter-agency or intra-agency documents; revised 11 CFR 4.5(a)(5) has been narrowed to exempt fewer documents. Revised 11 CFR 4.7 adds requirements for the Commission to notify requesters about the status or denial of their request, and to provide information about their rights. Revised 11 CFR 4.8 informs the public of the availability of mediation services to help resolve denied requests. Finally, revised 11 CFR 4.9 adds a provision limiting fees if the Commission fails to comply with time limits for responding to FOIA requests.

The Commission is accepting public comments on the revised rules (reference REG 2024-02) until June 3, 2024, and may address any comments received in a subsequent rulemaking document.

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