By Mitchell Berger, MPH
While the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and agency implementing regulations generally are fairly concise, FOIA still has led to considerable litigation.
What is an agency record? Should contractors be covered by FOIA? How and under what circumstances should a given FOIA exemption apply? How should FOIA search and duplication fees be charged by agencies, and what level of fees are reasonable? Debate continues about these and many other issues, but even amidst this debate opportunities abound to support FOIA implementation in the year ahead.