What does the FOIA Improvement Act of 2016 require agencies to do differently?

The FOIA Improvement Act of 2016 amended the Freedom of Information Act to strengthen the presumption of openness, push agencies toward proactive disclosure, and tighten how they justify withholding information. For records and information-governance professionals, it shifted the default posture of federal agencies from “release when required” toward “release unless there is a concrete reason not to.”

The foreseeable harm standard

Perhaps the most significant change is the codification of the “foreseeable harm” standard. Under this standard, an agency generally may not withhold information simply because it technically falls within a FOIA exemption. Instead, the agency must reasonably foresee that disclosure would actually harm an interest the exemption protects, or that disclosure is otherwise prohibited by law. This raised the bar for withholding and required agencies to document a real, articulable rationale rather than relying on a categorical exemption alone.

Proactive and “rule of three” disclosure

The Act reinforced proactive disclosure obligations. Agencies are expected to make records publicly available online in electronic format, particularly records that have been requested and released multiple times. This “frequently requested records” concept encourages agencies to post high-demand material once rather than reprocessing the same request repeatedly, reducing burden on both the public and the agency.

Stronger processing and appeal protections

Other changes affect how agencies handle the request lifecycle:

• Requesters generally must be given at least 90 days to file an administrative appeal of an adverse determination.
• Agencies are expected to notify requesters about the availability of dispute-resolution services through the Office of Government Information Services (OGIS).
• Limits were placed on charging certain fees when an agency misses statutory response deadlines.

A single online request portal

The Act also supported development of a consolidated online request system so the public can submit FOIA requests to participating agencies through a central point rather than locating each agency’s process separately.

Why it matters for records programs

These requirements depend on sound records management. Agencies cannot disclose proactively, meet deadlines, or justify withholdings if they cannot reliably locate, retrieve, and review their records. Strong recordkeeping, retention discipline, and searchable systems are what make FOIA compliance achievable in practice.

For related concepts and guidance, see the FOIA and public records topic hub.