Proactive disclosure requirements

Your component must post records that FOIA (5 U.S.C. 552(a)(2)) requires to be made available for public inspection in an electronic format, and it may also post other records of public interest that are appropriate for disclosure. See 70.4 for the requirement that these records be posted and indexed on the Department Web site.

• Required: records the FOIA specifically requires to be made publicly available in electronic form.
• Optional: additional records your component identifies as suitable for public disclosure and of interest to the public.

If a record is not the kind FOIA requires or is otherwise inappropriate for disclosure, it is not included under this proactive-posting requirement; handle such records according to FOIA procedures and exemptions.

Each Department component is responsible for deciding which of its records are required to be made publicly available and for identifying additional records appropriate for disclosure, and for posting and indexing them. The rule places the responsibility on the component itself as stated in 70.4.

• The component must also review and update its posted records and indices on an ongoing basis.

Yes — records that FOIA requires to be available in an electronic format may be accessed through the Department's Web site. The standard directs components to post and index such records on the Department site, per 70.4.

• Practically, this means maintaining a publicly accessible web page or portal with the required documents and an index or search tool so the public can find them.

A component must review and update its web site of posted records and indices on an ongoing basis. The phrase 'on an ongoing basis' in 70.4 means there is a continuing duty to keep posted information current.

• Practical approach: adopt a schedule (for example, routine checks monthly or quarterly) and procedures to update records whenever new material is created or existing material changes.

Yes — components may identify and post additional records of interest to the public that are appropriate for public disclosure in addition to those FOIA requires, as described in 70.4.

• Consider posting items that increase transparency (e.g., FAQs, policies, guidance documents) so long as they are appropriate for public disclosure and do not conflict with FOIA exemptions or other legal restrictions.

Yes — the standard requires components to post and index the records they disclose proactively. See 70.4 which specifies posting and indexing of records on the Department Web site.

• An index helps the public find records more easily; include clear titles, dates, brief descriptions, and links in the index so users can locate documents quickly.

The standard requires that records FOIA mandates be made available in an electronic format, but 70.4 does not specify technical details such as 'machine-readable.'

• Best practice: provide records in accessible, machine-readable formats (e.g., CSV, accessible HTML, searchable PDF) to maximize public usability, while ensuring confidentiality and legal considerations are respected.

No — the proactive disclosure requirement covers records that FOIA requires to be made publicly available and additional records appropriate for disclosure; records exempt from FOIA should not be posted. The rule sets proactive posting for those records described in 70.4.

• If a record is subject to a FOIA exemption or otherwise legally restricted, do not post it; handle it through established FOIA and records-management procedures.

To meet the posting and indexing requirement in 70.4, an index should make records easy to find and understand.

• Include for each item: title, brief description, date, office or component responsible, link to the document, and any applicable keywords or categories.
• Provide a searchable interface and logical categories (e.g., policies, guidance, reports) so the public can quickly locate records.

The standard requires components to review and update posted records on an ongoing basis but does not prohibit removing or replacing items when appropriate. See 70.4 regarding posting and updating.

• Removal is appropriate when a record is superseded, contains errors, or is no longer appropriate for disclosure; keep version-control and metadata so users know when a document was changed or removed.

The public should access proactively disclosed records through the Department's Web site, as the standard contemplates that FOIA-required electronic records may be accessed there (see 70.4).

• Each component is responsible for posting and indexing its own records on the Department site so users can find them under the relevant component's page or a centralized disclosure portal.

A component should (1) identify which records FOIA requires to be available electronically, (2) select additional records appropriate for public disclosure, (3) post and index those records on the Department's Web site, and (4) review and update the postings on an ongoing basis, consistent with 70.4.

• Suggested implementation actions:
  • Inventory records and map them to FOIA-required categories.
  • Create a public-facing index and web pages with clear metadata and links.
  • Assign responsibility for updates and schedule routine reviews.
  • Ensure compliance with legal restrictions before posting any record.