DOJ FOIA Post: “In light of Section 9 [Section 9 amends 5 U.S.C. § 552(f), the definitions provision of the FOIA, by including in the definition of “record” any information “maintained for an agency by an entity under Government contract, for the purposes of records management.” This provision makes clear that records, in the possession of Government contractors for purposes of records management, are considered agency records for purposes of the FOIA] of the OPEN Government Act, it is important for agencies to ensure that their searches for records in response to FOIA requests include any potentially responsive agency records that may be in the possession of an entity under contract with the agency for purposes of records management. Any agency employing such a government contractor to manage or store its records must institute appropriate procedures to allow it to search for and identify agency records that may be responsive to a FOIA request that are in the possession of that records management-contractor. Given that the clear intent of this provision is to clarify that the location of the agency records in the hands of the contractor for records management purposes does not remove the records from the scope of the FOIA, such records must be capable of being searched in response to FOIA requests. If responsive agency records are located in the possession of the records management-contractor, they should be forwarded to the appropriate FOIA office within the agency for processing. Such records must be identified and handled by the agency just as if they had been in the possession of the agency in the first instance.”