Text with emphases and some reformatting for clarity, by Jeremy Lewis PhD, 22 May 2009
(a) The effective functioning of our constitutional democracy depends upon the participation in publicSec. 2. Agency Chief FOIA Officers.
life of a citizenry that is well informed. For nearly four decades, the Freedom of Information Act (FOIA)
has provided an important means through which the public can obtain information regarding the
activities of Federal agencies. Under the FOIA, the public can obtain records from any Federal agency,
subject to the exemptions enacted by the Congress to protect information that must be held in confidence
for the Government to function effectively or for other purposes.
(b) FOIA requesters are seeking a service from the Federal Government and should be treated as such.
Accordingly, in responding to a FOIA request, agencies shall respond courteously and appropriately.
Moreover, agencies shall provide FOIA requesters, and the public in general, with citizen-centered ways
to learn about the FOIA process, about agency records that are publicly available (e.g., on the agency’s
website), and about the status of a person’s FOIA request and appropriate information about the
(c) Agency FOIA operations shall be both results-oriented and produce results. Accordingly, agencies
shall process requests under the FOIA in an efficient and appropriate manner and achieve tangible,
measurable improvements in FOIA processing. When an agency’s FOIA program does not produce such
results, it should be reformed, consistent with available resources appropriated by the Congress and
applicable law, to increase efficiency and better reflect the policy goals and objectives of this order.
(d) A citizen-centered and results-oriented approach will improve service and performance, thereby
strengthening compliance with the FOIA, and will help avoid disputes and related litigation.
(a) Designation. The head of each agency shall designate within 30 days of the date of this order a senior
official of such agency (at the Assistant Secretary or equivalent level), to serve as the Chief FOIA
Officer of that agency. The head of the agency shall promptly notify the Director of the Office of
Management and Budget (OMB Director) and the Attorney General of such designation and of any
changes thereafter in such designation.
(b) General Duties. The Chief FOIA Officer of each agency shall, subject to the authority of the head of
the agency:(i) have agency-wide responsibility for efficient and appropriate compliance with the FOIA;
(ii) monitor FOIA implementation throughout the agency, including through the use of meetings
with the public to the extent deemed appropriate by the agency’s Chief FOIA Officer, and keep the
head of the agency, the chief legal officer of the agency, and the Attorney General appropriately
informed of the agency’s performance in implementing the FOIA, including the extent to which the
agency meets the milestones in the agency’s plan under section 3(b) of this order and training and(c) FOIA Requester Service Center and FOIA Public Liaisons. In order to ensure appropriate
reporting standards established consistent with applicable law and this order;
(iii) recommend to the head of the agency such adjustments to agency practices, policies,
personnel, and funding as may be necessary to carry out the policy set forth in section 1 of this
(iv) review and report, through the head of the agency, at such times and in such formats as the
Attorney General may direct, on the agency’s performance in implementing the FOIA; and
(v) facilitate public understanding of the purposes of the FOIA’s statutory exemptions by including
concise descriptions of the exemptions in both the agency’s FOIA handbook issued under section
552(g) of title 5, United States Code, and the agency’s annual FOIA report, and by providing an
overview, where appropriate, of certain general categories of agency records to which those
exemptions apply.communication with FOIA requesters:
(i) Each agency shall establish one or more FOIA Requester Service Centers (Center), as
appropriate, which shall serve as the first place that a FOIA requester can contact to seek
information concerning the status of the person’s FOIA request and appropriate information about
the agency’s FOIA response. The Center shall include appropriate staff to receive and respond to
inquiries from FOIA requesters;
(ii) The agency Chief FOIA Officer shall designate one or more agency officials, as appropriate, as
FOIA Public Liaisons, who may serve in the Center or who may serve in a separate office. FOIA
Public Liaisons shall serve as supervisory officials to whom a FOIA requester can raise concerns
about the service the FOIA requester has received from the Center, following an initial response
from the Center staff. FOIA Public Liaisons shall seek to ensure a service-oriented response to
FOIA requests and FOIA-related inquiries. For example, the FOIA Public Liaison shall assist, as
appropriate, in reducing delays, increasing transparency and understanding of the status of requests,
and resolving disputes. FOIA Public Liaisons shall report to the agency Chief FOIA Officer on
their activities and shall perform their duties consistent with applicable law and agency regulations;
(iii) In addition to the services to FOIA requesters provided by the Center and FOIA Public
Liaisons, the agency Chief FOIA Officer shall also consider what other FOIA-related assistance to
the public should appropriately be provided by the agency;
(iv) In establishing the Centers and designating FOIA Public Liaisons, the agency shall use, as
appropriate, existing agency staff and resources. A Center shall have appropriate staff to receive
and respond to inquiries from FOIA requesters;
(v) As determined by the agency Chief FOIA Officer, in consultation with the FOIA Public
Liaisons, each agency shall post appropriate information about its Center or Centers on the
agency’s website, including contact information for its FOIA Public Liaisons. In the case of an
agency without a website, the agency shall publish the information on the Firstgov.gov website or,
in the case of any agency with neither a website nor the capability to post on the Firstgov.gov
website, in the Federal Register; and
(vi) The agency Chief FOIA Officer shall ensure that the agency has in place a method (or
methods), including through the use of the Center, to receive and respond promptly and
appropriately to inquiries from FOIA requesters about the status of their requests. The Chief FOIA
Officer shall also consider, in consultation with the FOIA Public Liaisons, as appropriate, whether
the agency’s implementation of other means (such as tracking numbers for requests, or an agency
telephone or Internet hotline) would be appropriate for responding to status inquiries.
(a) Review. Each agency’s Chief FOIA Officer shall conduct a review of the agency’s FOIA operations
to determine whether agency practices are consistent with the policies set forth in section 1 of this order.
In conducting this review, the Chief FOIA Officer shall:(i) evaluate, with reference to numerical and statistical benchmarks where appropriate, the agency’s(b) Plan.
administration of the FOIA, including the agency’s expenditure of resources on FOIA compliance
and the extent to which, if any, requests for records have not been responded to within the statutory
time limit (backlog);
(ii) review the processes and practices by which the agency assists and informs the public regarding
the FOIA process;
(iii) examine the agency’s:(A) use of information technology in responding to FOIA requests, including without(iv) review the agency’s policies and practices relating to the availability of public information
limitation the tracking of FOIA requests and communication with requesters;
(B) practices with respect to requests for expedited processing; and
(C) implementation of multi-track processing if used by such agency;
through websites and other means, including the use of websites to make available the records
described in section 552(a)(2) of title 5, United States Code; and
(v) identify ways to eliminate or reduce its FOIA backlog, consistent with available resources and
taking into consideration the volume and complexity of the FOIA requests pending with the
agency.(i) Each agency’s Chief FOIA Officer shall develop, in consultation as appropriate with the staff of
the agency (including the FOIA Public Liaisons), the Attorney General, and the OMB Director, an
agency-specific plan to ensure that the agency’s administration of the FOIA is in accordance with
applicable law and the policies set forth in section 1 of this order. The plan, which shall be
submitted to the head of the agency for approval, shall address the agency’s implementation of the
FOIA during fiscal years 2006 and 2007.
(ii) The plan shall include specific activities that the agency will implement to eliminate or reduce
the agency’s FOIA backlog, including (as applicable) changes that will make the processing of
FOIA requests more streamlined and effective, as well as increased reliance on the dissemination
of records that can be made available to the public through a website or other means that do not
require the public to make a request for the records under the FOIA.
(iii) The plan shall also include activities to increase public awareness of FOIA processing,
including as appropriate, expanded use of the agency’s Center and its FOIA Public Liaisons.
(iv) The plan shall also include, taking appropriate account of the resources available to the agency
and the mission of the agency, concrete milestones, with specific timetables and outcomes to be
achieved, by which the head of the agency, after consultation with the OMB Director, shall
measure and evaluate the agency’s success in the implementation of the plan.
(c) Agency Reports to the Attorney General and OMB Director.
(i) The head of each agency shall submit a report, no later than 6 months from the date of this
order, to the Attorney General and the OMB Director that summarizes the results of the review
under section 3(a) of this order and encloses a copy of the agency’s plan under section 3(b) of this
Sec. 4. Attorney General.order. The agency shall publish a copy of the agency’s report on the agency’s website or, in the
case of an agency without a website, on the Firstgov.gov website, or, in the case of any agency
with neither a website nor the capability to publish on the Firstgov.gov website, in the Federal
(ii) The head of each agency shall include in the agency’s annual FOIA reports for fiscal years
2006 and 2007 a report on the agency’s development and implementation of its plan under section
3(b) of this order and on the agency’s performance in meeting the milestones set forth in that plan,
consistent with any related guidelines the Attorney General may issue under section 552(e) of title
5, United States Code.
(iii) If the agency does not meet a milestone in its plan, the head of the agency shall:(A) identify this deficiency in the annual FOIA report to the Attorney General;
(B) explain in the annual report the reasons for the agency’s failure to meet the milestone;
(C) outline in the annual report the steps that the agency has already taken, and will be taking,
to address the deficiency; and
(D) report this deficiency to the President’s Management Council.
(a) Report. The Attorney General, using the reports submitted by the agencies under subsection 3(c)(i)Sec. 5. OMB Director. The OMB Director may issue such instructions to the heads of agencies as are
of this order and the information submitted by agencies in their annual FOIA reports for fiscal year
2005, shall submit to the President, no later than 10 months from the date of this order, a report on
agency FOIA implementation. The Attorney General shall consult the OMB Director in the preparation
of the report and shall include in the report appropriate recommendations on administrative or other
agency actions for continued agency dissemination and release of public information. The Attorney
General shall thereafter submit two further annual reports, by June 1, 2007, and June 1, 2008, that
provide the President with an update on the agencies’ implementation of the FOIA and of their plans
under section 3(b) of this order.
(b) Guidance. The Attorney General shall issue such instructions and guidance to the heads of
departments and agencies as may be appropriate to implement sections 3(b) and 3(c) of this order.
(a) the term “agency” has the same meaning as the term “agency” under section 552(f)(1) of title 5,Sec. 7. General Provisions.
United States Code; and
(b) the term “record” has the same meaning as the term “record” under section 552(f)(2) of title 5,
United States Code.
(a) The agency reviews under section 3(a) of this order and agency plans under section 3(b) of this order
shall be conducted and developed in accordance with applicable law and applicable guidance issued by
the President, the Attorney General, and the OMB Director, including the laws and guidance regardingGeorge W. Bush
information technology and the dissemination of information.
(b) This order:(i) shall be implemented in a manner consistent with applicable law and subject to the availability
(ii) shall not be construed to impair or otherwise affect the functions of the OMB Director relating
to budget, legislative, or administrative proposals; and
(iii) is intended only to improve the internal management of the executive branch and is not
intended to, and does not, create any right or benefit, substantive or procedural, enforceable at
law or in equity by a party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other person.