Attorney General Merrick Garland recently issued a guidance memo on the Freedom of Information Act (FOIA) to heads of U.S. executive departments and agencies.
Garland’s Freedom of Information Act (FOIA) memo dated March 15 guides federal agencies on how to interpret and apply the FOIA. Specifically, the memo directs agencies to apply a presumption of openness when administering the FOIA. The new guidelines came one day before “Freedom of Information Day” and during “National Sunshine Week,” which is dedicated to promoting open government.
In the memo, AG Garland wrote, “I urge agency chief FOIA officers to undertake comprehensive reviews of all aspects of their agencies' FOIA administration, with a particular focus on the concerns highlighted in this memorandum.” Additionally, “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.”
According to a press release, the Justice Department said Garland's new guidance follows Obama’s goals of a “presumption of openness” and directs agencies to clarify that the Justice Department will not defend nondisclosure decisions that fail to do so.
“The attorney general’s new FOIA guidelines underscore the Justice Department’s commitment to [a] government that is open, transparent and accountable to the people we serve,” Associate Attorney General Vanita Gupta said in Government Executive. “The Office of Information Policy looks forward to working with agencies to ensure the presumption of openness is applied across the government," Gupta, the Justice Department’s chief FOIA officer, said,
Sunshine Week was launched in 2005 as an annual initiative to promote open government. This year, Sunshine Week fell on March 13-19, according to News Leaders Association.
Rep. James Comer (R-KY) told Government Executive, “The American people deserve an open and transparent government.” He also said, “Attorney General Garland’s long overdue FOIA guidance encourages agencies to fully comply with the law. As ranking member of the House Committee on Oversight and Reform, I will continue fighting for a more efficient and transparent federal government.”
