Presidential Documents

4683 

Federal Register 

Vol. 74, No. 15 

Monday, January 26, 2009 

Title 3— 

The President 

Memorandum of January 21, 2009 

Freedom of Information Act 

Memorandum for the Heads of Executive Departments and Agencies 

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, ‘‘sunlight is said to be the best 

of disinfectants.’’ In our democracy, the Freedom of Information Act (FOIA), 

which encourages accountability through transparency, is the most prominent 

expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is 

in the interest of the Government and the citizenry alike. 

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should 

not keep information confidential merely because public officials might be 

embarrassed by disclosure, because errors and failures might be revealed, 

or because of speculative or abstract fears. Nondisclosure should never be 

based on an effort to protect the personal interests of Government officials 

at the expense of those they are supposed to serve. In responding to requests 

under the FOIA, executive branch agencies (agencies) should act promptly 

and in a spirit of cooperation, recognizing that such agencies are servants 

of the public. 

All agencies should adopt a presumption in favor of disclosure, in order 

to renew their commitment to the principles embodied in FOIA, and to 

usher in a new era of open Government. The presumption of disclosure 

should be applied to all decisions involving FOIA. 

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific 

requests from the public. All agencies should use modern technology to 

inform citizens about what is known and done by their Government. Disclosure should be timely. 

I direct the Attorney General to issue new guidelines governing the FOIA 

to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines 

in the Federal Register. In doing so, the Attorney General should review 

FOIA reports produced by the agencies under Executive Order 13392 of 

December 14, 2005. I also direct the Director of the Office of Management 

and Budget to update guidance to the agencies to increase and improve 

information dissemination to the public, including through the use of new 

technologies, and to publish such guidance in the Federal Register. 

This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United 

States, its departments, agencies, or entities, its officers, employees, or agents, 

or any other person. 

4684 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents 

The Director of the Office of Management and Budget is hereby authorized 

and directed to publish this memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, January 21, 2009 

[FR Doc. E9–1773 

Filed 1–23–09; 11:15 am] 

Billing code 3110–01–P 


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