Freedom of Information Act

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Part IX

The President

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Memorandum of January 21, 2009--Freedom of Information Act

Memorandum of January 21, 2009--Transparency and Open Government

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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.

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