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March 15, 2022 

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS ~ EN# rns 

FROM: TIIEATTORNEYGENERAL~{!}~ 

SUBJECT: FREEDOM OF INFORMATION ACT GUIDELINES 

For more than fifty years, the Freedom oflnformation Act (FOIA), 5 U.S.C. § 552, has 

been a vital tool for ensuring transparency, accessibility, and accountability in government. As 

the Supreme Court has explained, the Act's "basic purpose ... is to ensure an informed 

citizenry," which is "vital to the functioning of a democratic society [and] needed to check 

against corruption and to hold the governors accountable to the governed." NLRB v. Robbins 

Tire & Rubber Co., 437 U.S. 214,242 (1978). The guidelines set forth below update and 

strengthen the federal government's commitment to the fair and effective administration of 

FOIA. 

A. The Presumption of Openness 

1. As amended in 2016, the Freedom of Information Act provides that a federal agency or 

department (hereinafter "agency") may withhold responsive records only if: (1) the agency 

reasonably foresees that disclosure would harm an interest protected by one of the nine 

exemptions that FOIA enumerates; or (2) disclosure is prohibited by law. 5 U.S.C. 

§ 552(a)(8)(A)(i). 

2. Information that might technically fall within an exemption should not be withheld 

from a FOIA requester unless the agency can identify a foreseeable harm or legal bar to 

disclosure. In case of doubt, openness should prevail. Moreover, agencies are strongly 

encouraged to make discretionary disclosures of information where appropriate. 

3. When an agency determines that it cannot make full disclosure of a requested record, 

FOIA requires that it "consider whether partial disclosure of information is possible" and "take 

reasonable steps necessary to segregate and release nonexempt information." Id. 

§ 552(a)(8)(A)(ii). 

4. To help ensure proper application of the foreseeable harm standard, agencies should 

confirm in response letters to FOIA requesters that they have considered the foreseeable harm 

standard when reviewing records and applying FOIA exemptions. 
Memorandum from The Attorney General Page 2 

Subject: Freedom of Information Act Guidelines 

5. In determining whether to defend an agency's nondisclosure decision, the Justice 

Department will apply the presumption of openness described above. The Justice Department 

will not defend nondisclosure decisions that are inconsistent with FOIA or with these guidelines. 

6. Although the fair and effective administration of FOIA requires that openness prevail 

in the face of doubt, Congress established nine exemptions to protect, for example, national 

security, personal privacy, privileged records, and law enforcement interests. Id. § 552(b). As 

the Act makes clear, however, the "burden is on the agency to sustain" a decision to withhold 

records under those exemptions. Id. § 552(a)(4)(B). Nor may agencies withhold information 

based merely on speculative or abstract fears or fears of embarrassment. 

7. The Justice Department's Office ofInformation Policy stands ready to provide 

guidance to agencies making FOIA determinations in close cases and to provide support and 

training as agencies work to implement this guidance. With respect to specific FOIA litigation, 

agencies should consult with the relevant Justice Department attorney assigned to the case. 

B. Proactive Disclosures 

1. The proactive disclosure of information is also fundamental to the faithful application 

of FOIA. Proactive disclosures enable information about federal government operations to be 

more readily available to all. 

2. FOIA requires agencies to proactively disclose certain categories ofrecords, including 

previously released records that have been requested three or more times or that "have become or 

are likely to become the subject ofsubsequent requests." Id. § 552(a)(2)(D)(ii). 

3. In making proactive disclosures, agencies should post records online as soon as 

feasible. Agencies should also continue to maximize their efforts to post more records online 

quickly and systematically in advance of any public request. 

4. The Justice Department has strengthened its efforts to encourage proactive agency 

disclosures, including by - as the Government Accountability Office (GAO) recommendedproviding more specific criteria regarding how relevant metrics should be reported in agency 

Annual FOIA Reports. 1 

C. Removing Barriers to Access and Reducing FOIA Request Backlogs 

1. Agencies should continue their efforts to remove barriers to requesting and accessing 

government records and to reduce FOIA processing backlogs. For example, the Justice 

Department's Executive Office for Immigration Review has long required individuals to file 

FOIA requests to obtain official copies oftheir own records ofimmigration court proceedings. 

We are now changing that policy, and I encourage all agencies to examine whether they have 

1 See U.S. DEP'T OF JUST., DEPARTMENT OF JUSTICE HANDBOOK FOR AGENCY ANNUAL FREEDOM OF INFORMATION 

ACT REPORTS (2021 ), https:/ /www.justice.gov/oip/page/file/l 438431/download. 
Memorandum from The Attorney General Page3 

Subject: Freedom oflnformation Act Guidelines 

similar or other categories of records that they could make more readily accessible without 

requiring individuals to file FOIA requests. 

2. It is equally important to ensure that the public can readily find information that the 

government makes available. Records should be posted online quickly and systematically. In 

addition, agency FOIA websites should be easily navigable, and records should be presented in 

the most useful, searchable, and open formats possible. As we continue to improve our FOIA 

programs, improving the organization and presentation of disclosed materials should be a core 

part of our efforts to efficiently provide government records to the public. 

3. FOIA.gov continues to serve as the government's central website for FOIA 

administration. The Justice Department is committed to continuing to build on the functionality 

ofthe site to better serve requesters and agencies. Together with the Office of Management and 

Budget, the Justice Department issued joint guidance in 2019 to ensure full interoperability of 

FOIA.gov.2 Agencies should ensure that they are complying with FOIA.gov's interoperability 

requirements and are regularly updating their information on FOIA.gov. 

4. Timely disclosure ofrecords is also essential to the core purpose ofFOIA. Agencies 

must have effective systems in place for responding to requests in a timely manner. The Justice 

Department encourages ChiefFOIA Officers to undertake a comprehensive review of their FOIA 

programs to ensure that searches, reviews, and productions ofrecords are conducted as 

efficiently as possible. 

5. Agency FOIA professionals should continue to work with FOIA requesters in a spirit 

of cooperation. Each agency should actively work with requesters to remove barriers to access 

and to help requesters understand the FOIA process and the nature and scope ofthe records the 

agency maintains. Agencies should also ensure that they promptly communicate with requesters 

about their FOIA requests. As the Justice Department has emphasized in guidance for more than 

a decade, agencies should communicate electronically with FOIA requesters to the greatest 

extent possible, including by accepting FOIA requests and subsequent administrative 

correspondence electronically. 

D. Ensuring Fair and Effective FOIA Administration 

Ensuring fair and effective FOIA administration requires support from agency leadership, 

proper training, and a full understanding ofFOIA obligations by the entire agency workforce. 

1. I urge agency Chief FOIA Officers to undertake comprehensive reviews of all aspects 

oftheir agencies' FOIA administration, with a particular focus on the concerns highlighted in 

this memorandum. In accordance with FOIA and the Justice Department's FOIA Guidelines, 

agencies should report to the Justice Department each year on the steps they have taken to 

improve FOIA operations and facilitate information disclosure at their agencies. 5 U.S.C. 

§ 552G)(2)(D). The Justice Department's Office oflnformation Policy will offer specific 

guidance on the timing and content of such reports to ensure that they inform current and 

2 See Guidance for Achieving Interoperability with the National Freedom ofInformation Act (FOIA) Portal on 

FOIA.gov (February 12, 2019). 
Memorandum from The Attorney General Page 4 

Subject: Freedom oflnformation Act Guidelines 

emerging FOIA challenges and risks, including, as the GAO recommended, the number of 

requests for which unusual circumstances apply and the effect of litigation on overall FOIA 

request processing and backlog. 

2. In conducting assessments, ChiefFOIA Officers should carefully review backlogs of 

requests and evaluate the allocation of agency resources to FOIA operations. 

3. The FOIA Improvement Act of 2016 established a Chief FOIA Officers Council to 

develop recommendations for increasing compliance and efficiency in responding to FOIA 

requests, and to identify, develop, and coordinate initiatives for increasing transparency and 

compliance with FOIA's requirements. The Council has served as a helpful platform for 

understanding common challenges, advancing new FOIA initiatives, and identifying and sharing 

best practices. I encourage new agency Chief FOIA Officers to participate on the Council for the 

benefit of their own agencies and to improve government-wide FOIA administration. 

4. The federal government could not process the hundreds of thousands of FOIA requests 

that are received every year without its dedicated FOIA professionals. FOIA professionals 

deserve the full support oftheir Chief FOIA Officers and all their agency colleagues. 

5. Successful FOIA administration also requires proper training and a commitment to 

FOIA compliance by agency personnel. Simply put, FOIA is everyone's responsibility. I 

encourage each agency head to provide regular and proper training to your workforce that 

explains the importance of FOIA and every individual's role in administering it. The Justice 

Department's Office oflnformation Policy has issued several guidance documents and articles 

on the topics discussed in this memorandum, including resources to assist you with ensuring 

proper training and compliance with FOIA. See https://www.justice.gov/oip. I urge agencies to 

consult these resources. 

6. The Justice Department understands the challenges agencies face in responding to the 

high number ofrequests they receive each year. The Department stands ready to work 

constructively with your agencies, with Congress, and with the FOIA requester community to 

improve processing capacities, reduce backlogs, and make government more transparent, 

responsive, and accountable. I encourage your agencies to take advantage of the governmentwide resources the Justice Department has made available as you work to comply with your 

FOIA obligations.3 

* * * 

Transparency in government operations is a priority of this Administration and this 

Department. We stand ready to work with each of you to make real the Freedom of Information 

Act's promise of a government that is open and accountable to the American people. 

3 This memorandum, which supersedes previous Attorney General memoranda on this subject, is not intended to, 

and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by any party against 

the United States, its departments, agencies, instrumentalities or entities, its officers, employees, agents, or any other 

person.