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OIP Guidance

The FOIA is constantly evolving as court decisions, Presidential FOIA Memoranda, and new Attorney General FOIA Guidelines are issued, and as Congress passes statutory amendments to the law.

In keeping with its statutory authority to encourage agency compliance with the FOIA, OIP regularly develops and issues policy guidance to all agencies on proper implementation of the FOIA.

In addition, guidance is issued on a wide range of legal and procedural issues involving the FOIA to improve administration of the law, to promote best practices, and to increase transparency.

2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 201720162015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | Archived Guidance

2023

Department of Justice Handbook for Agency Annual Freedom of Information Act Reports (September 27, 2023)

Guidelines for 2024 Chief FOIA Officer Reports (September 20, 2023)

OIP Guidance for Further Improvement Based on 2023 Chief FOIA Officers Report Review and Assessment (September 20, 2023)

  • Simple Track Request Processing Times/Interoperability with FOIA.gov/Foreseeable Harm Standard

OIP Guidance: Standard Operating Procedures for FOIA Offices (August 25, 2023)

OIP Guidance: Applying a Presumption of Openness and the Foreseeable Harm Standard (March 13, 2023)

2022

Department of Justice Handbook for Agency Annual Freedom of Information Act Reports (updated September 14, 2022)

OIP Guidance: The Interface Between the FOIA and Privacy Act (September 15, 2022)

Guidelines for 2023 Chief FOIA Officer Reports (September 14, 2022)

OIP Guidance for Further Improvement Based on 2022 Chief FOIA Officer Report Review and Assessment (August 25, 2022)

  • Timing and Format of Proactive Disclosures/Alternative Means of Access for Commonly Requested Records/Quarterly Report Reminders

2021

Updated Guidance for Quarterly FOIA Reporting (October 4, 2021)

Department of Justice Handbook for Agency Annual Freedom of Information Act Reports (updated October 7, 2021)

Guidelines for 2022 Chief FOIA Officer Reports (September 30, 2021)

The Supreme Court's Exemption 5 Ruling in United States Fish & Wildlife Service v. Sierra Club, Inc. (September 29, 2021)

OIP Guidance for Further Improvement Based on 2021 Chief FOIA Officer Report Review and Assessment (September 21, 2021)

  • The Importance of FOIA Training for FOIA Professionals and Agency Program Personnel/Planning Ahead and Leveraging Lessons Learned to Reduce Backlogs and Processing Times/Standard Operating Procedures/Updating Agency FOIA Regulations

2020

Department of Justice Handbook for Agency Annual Freedom of Information Act Reports (updated October 6, 2020)

Guidelines for 2021 Chief FOIA Officer Reports (September 24, 2020)

OIP Guidance for Further Improvement Based on 2020 Chief FOIA Officer Report Review and Assessment (September 24, 2020)

Guidance for Agency FOIA Administration in Light of COVID-19 Impacts (May 28, 2020)

OIP Guidance for Further Improvement Based on 2019 Chief FOIA Officer Report Review and Assessment​ (January 22, 2020)

  • Posting Raw Data from Annual FOIA Reports/Improving Timeliness and Reducing Backlogs

2019

Department of Justice Handbook for Agency Annual Freedom of Information Act Reports (updated November 4, 2019)

Exemption 4 after the Supreme Court's Ruling in Food Marketing Institute v. Argus Leader Media (October 3, 2019)

Guidelines for 2020 Chief FOIA Officer Reports (August 2, 2019)

OIP Guidance:  Adjudicating Administrative Appeals Under the FOIA (February 14, 2019)

Joint DOJ/OMB Guidance for Achieving Interoperability with the National Freedom of Information Act Portal on FOIA.gov (February 12, 2019)

Memorandum from the Principal Deputy Associate Attorney General to Agency General Counsels and Chief FOIA Officers regarding Chief FOIA Officer Designations (January 30, 2019) 

2018

Decontrolling Controlled Unclassified Information (CUI) in Response to a Freedom of Information Act (FOIA) Request (November 19, 2018)

Department of Justice Handbook for Agency Annual FOIA Reports (updated October 4, 2018)

Guidelines for 2019 Chief FOIA Officer Reports (September 21, 2018)

OIP Guidance for Further Improvement Based on 2018 Chief FOIA Officer Report Review and Assessment (July 19, 2018)

  • Strategically Managing Backlogs/Closing Ten Oldest Consultations/Posting Raw Data

The Importance of Quality Requester Services:  Roles and Responsibilities of FOIA Requester Service Centers and FOIA Public Liaisons (June 12, 2018)

2017

Agency FOIA Websites 2.0 (November 30, 2017)

Guidelines for 2018 Chief FOIA Officer Reports (September 27, 2017)

Processing Reminders for the Last Quarter of Fiscal Year 2017 (July 20, 2017)

  • Utilizing Multiple Processing Tracks/Closing Consultations/White House Consultation Procedures

Guidance for Further Improvement Based on 2017 Chief FOIA Officer Report Review and Assessment (June 15, 2017)

  • Reducing Age of Backlog & Improving Processing Times/Updating FOIA Reference Guides/Posting Raw Data

Department of Justice Handbook for Agency Annual Freedom of Information Act Reports (updated February 16, 2017)

Defining a "Record" Under the FOIA (January 11, 2017)

2016

Prohibition on Assessing Certain Fees When the FOIA's Time Limits Are Not Met (October 19, 2016)

New Requirements for Agency Annual FOIA Reports (October 6, 2016)

Guidance for Agency FOIA Regulations (updated September 8, 2016)

Guidelines for 2017 Chief FOIA Officer Reports (August 29, 2016)

Guidance on the New Requirements for FOIA Response Letters, Including Affording Ninety Days to File an Administrative Appeal, and New Notification Requirement for Notices Extending FOIA’s Time Limits Due to Unusual Circumstances (July 18, 2016)

Guidance for Further Improvement Based on 2016 Chief FOIA Officer Report Review and Assessment (May 9, 2016)

  • Closing Ten Oldest/Posting Quarterly Reports/Conducting Self-Assessments

2015

Guidelines for 2016 Chief FOIA Officer Reports (September 15, 2015)

Guidance for Further Improvement Based on 2015 Chief FOIA Officer Report Review and Assessment (July 23, 2015)

  • Continued Focus on Substantive Training/Electronic Communication with Requesters/Improving Timeliness & Reducing Backlogs

Limitations on Use of "Still-Interested" Inquiries (July 2, 2015)

Proactive Disclosures of Non-Exempt Agency Information: Making Information Available Without the Need to File a FOIA Request (March 16, 2015)

2014

Ensuring Timely Determinations on Requests for Expedited Processing (December 23, 2014)

Guidelines for 2015 Chief FOIA Officer Reports (September 24, 2014)

Guidance for Further Improvement Based on 2014 Chief FOIA Officer Report Review and Assessment (August 26, 2014)

  • Focus on Substantive Training/Converting FOIA Professionals to GIS Job Series/Identifying Discretionary Releases & Proactive Disclosures

Reducing Backlogs and Improving Timeliness (August 15, 2014)

Assigning Tracking Numbers and Providing Status Information for Requests (Updated Guidance) (July 8, 2014)

2013

The Importance of Good Communication with FOIA Requesters 2.0: Improving Both the Means and Content of Requester Communications (November 22, 2013)

Calculating Response Times after the Government Shutdown (October 29, 2013)

Guidelines for 2014 Chief FOIA Officer Reports (September 19, 2013)

Guidance for Further Improvement Based on 2013 Chief FOIA Officer Report Review and Assessment (August 13, 2013)

  • Focus on Quality Training/Processing “Simple Track” Requests within Twenty Days/Closing Ten Oldest

Guidance for Quarterly FOIA Reporting (Updated April 11, 2013)

Using Metadata in FOIA Documents Posted Online to Lay the Foundation for Building a Government-Wide FOIA Library (March 12, 2013) 

2012

Guidelines for 2013 Chief FOIA Officer Reports (September 26, 2012)

Implementing FOIA’s Statutory Exclusion Provisions (September 14, 2012)

Guidance for Further Improvement from 2012 Chief FOIA Officer Report Review and Assessment (August 7, 2012)

  • Utilizing Advanced Technology/Establishing Multiple Processing Tracks/Closing Ten Oldest

Closing the Ten Oldest Pending Requests and Consultations (April 04, 2012)

2011

Referrals, Consultations, and Coordination: Procedures for Processing Records When Another Agency or Entity Has an Interest in Them (December 05, 2011)

Guidance for Completion of Fiscal Year 2011 Annual FOIA Reports (November 15, 2011)

Guidelines for 2012 Chief FOIA Officer Reports (September 19, 2011)

Open Format Requirements for Agency Annual FOIA Reports (August 17, 2011)

Exemption 2 After the Supreme Court's Ruling in Milner v. Department of the Navy (May 10, 2011)

Supreme Court Rejects Argument that Corporations have "Personal Privacy" Interests (March 2, 2011)

Agency FOIA Conferences (March 2, 2011)

2010

Guidelines for 2011 Chief FOIA Officer Reports to the Department of Justice Pursuant to Attorney General Holder's FOIA Guidelines (November 16, 2010)

OIP Guidance and Suggested Best Practices for Improving Transparency (September 1, 2010)

  • Applying the Presumption of Openness/Creating Effective Systems/Increasing Proactive Disclosures & Use of Technology/Reducing Backlogs & Improving Timeliness

Summary of Agency Chief FOIA Officer Reports with Findings and OIP Guidance for Improvement (July 29, 2010)

  • Applying Presumption of Openness/Maximizing IT/Incorporating Best Practices for Increased Efficiency/Increasing Proactive Disclosures/Maximizing Electronic Record-Keeping/Reducing the Number & Age of Requests/Engaging Chief FOIA Officers 

Notifying Requesters of the Mediation Services Offered by OGIS (July 9, 2010)

Presidential Statement and White House Memorandum on the FOIA Issued During Sunshine Week (March 26, 2010)

Congress Passes Amendment to Exemption 3 of the FOIA (March 10, 2010)

The Importance of Good Communication with FOIA Requesters (March 1, 2010)

2009

Questions and Answers: Chief FOIA Officer Reports (December 17, 2009)

Preferred Formats for 2009 Annual FOIA Reports (December 17, 2009)

Annual FOIA Reports in Machine-Readable Format (December 10, 2009)

Guidelines for Chief FOIA Officer Reports to the Department of Justice Pursuant to Attorney General Holder's FOIA Guidelines (September 30, 2009)

President Obama’s FOIA Memorandum and Attorney General Holder’s FOIA Guidelines – Creating a “New Era of Open Government” (April 17, 2009)

Questions and Answers: Annual FOIA Report (Consultations, Response Time and Remands) (January 12, 2009)

2008

New Requirement to Route Misdirected FOIA Requests (November 18, 2008)

New Limitations on Assessing Fees (November 18, 2008)

New Limitations on Tolling the FOIA’s Response Time (November 18, 2008)

Assigning Tracking Numbers and Providing Status Information for Requests (November 18, 2008)

Segregating and Marking Documents for Release in Accordance with the OPEN Government Act (October 23, 2008)

Question and Answer: Annual FOIA Report (Expedited Processing and Fee Waiver Requests) (October 7, 2008)

Treatment of Agency Records Maintained for an Agency by a Government Contractor for Purposes of Record Management (September 9, 2008)

Guidance on Preparing Backlog Reduction Plans (June 27, 2008)

Guidance on Submitting Certification of Agency Compliance with FOIA's Reading Room Requirements (June 27, 2008)

2008 Guidelines for Agency Preparation of Annual FOIA Reports (May 22, 2008)

Updated October 3, 2023