- Department of Justice FOIA Guidelines
- FOIA Counselor Service
- FOIA Compliance Inquiries
- FOIA Statute
- Exemption 3 Statutes
- FOIA Fee Guidance
- FOIA Self-Assessment Toolkit
- Your Right to Federal Records
Issued during Sunshine Week in March of 2022, the Department of Justice’s FOIA Guidelines “update and strengthen the federal government’s commitment to the fair and effective administration of FOIA.” Among other things, the Guidelines reiterate a presumption of openness, reinforcing the FOIA’s requirement that information should not be withheld unless the agency can identify a foreseeable harm in disclosure. The Guidelines also emphasize the importance of proactive disclosures and removing barriers to access. Agency Chief FOIA Officers are instructed to comprehensively review their FOIA administration, review request backlogs, and evaluate the allocation of agency resources to FOIA operations. Agencies are also instructed to provide “regular and proper training . . . that explains the importance of FOIA and every individual’s role in administering it,” and the Guidelines encouraged agencies to take advantage of FOIA resources provided by the Department of Justice.
OIP provides confidential legal advice and policy guidance to FOIA personnel across the government to aid in agency decision-making on issues pertaining to the FOIA or implementation of the Department of Justice’s 2022 FOIA Guidelines. The agencies that contact OIP must ultimately make their own determination on the FOIA question at issue. OIP does not provide legal advice to private persons. You may contact an OIP FOIA Counselor at (202) 514-FOIA (3642).
As part of its oversight and guidance responsibilities, OIP reviews inquiries made by the public raising issues regarding agencies' compliance with the FOIA statute and the Attorney General's FOIA Guidelines. Compliance inquires may be submitted in writing to OIP by mail or e-mail.
Office of Information Policy (OIP)
U.S. Department of Justice
441 G St. N.W.
Washington, D.C. 20530
The FOIA was enacted by Congress and signed into law by President Lyndon B. Johnson in 1966. Since that time, Congress has regularly updated the original statute through legislative amendments. Most recently, Congress passed the FOIA Improvement Act of 2016, which contains several substantive and procedural amendments to the FOIA as well as new reporting requirements for agencies. You can read the text of the FOIA and summaries on recent amendments to the FOIA, as well as learn about the FOIA's legislative history through the links below.
Statutes Found to Qualify Under Exemption 3
One provision of the FOIA, known as Exemption 3, provides for the withholding of records when disclosure is prohibited by another federal law. To assist agencies in properly processing FOIA requests and to aid requesters in understanding the scope of Exemption 3, OIP has compiled a list of statutes that courts have found to qualify under Exemption 3.
Statutes Reported in Agency Annual FOIA Reports
Additionally, OIP has compiled a list of statutes used by federal departments and agencies in conjunction with Exemption 3, as reported in agency fiscal year Annual FOIA Reports.
FY 2022 (CSV) | FY 2021 (CSV) | FY 2020 (CSV) | FY 2019 (CSV) | FY 2018 (CSV) | FY 2017 (CSV) | FY 2016 (CSV) | FY 2015 (CSV) | FY 2014 (CSV) | FY 2013 (CSV) | FY 2012 (CSV) | FY 2011 (CSV) | FY 2010 (CSV)
FOIA Fee Guidelines
Issued in 1987 by the Office of Management and Budget (OMB), and updated in 2020, the FOIA Fee Guidelines [formally known as the Uniform Freedom of Information Act Fee Schedule and Guidelines] provide a uniform schedule of fees for agencies to follow when promulgating their FOIA fee regulations. The OMB Fee Guidelines provide general principles for how agencies should set fee schedules and make fee determinations, include definitions of statutory fee terms, and discuss the FOIA statute’s fee provisions in greater, authoritative detail.
Under the FOIA, each agency is required to publish regulations "specifying the schedule of fees" applicable to processing requests and must conform its schedule to the guidelines promulgated by OMB. Anyone with a FOIA fee (as opposed to fee waiver) question should consult the FOIA statute in conjunction with OMB's Fee Guidelines (and 2020 update) and the appropriate agency's FOIA regulations for the records at issue. Agency personnel should attempt to resolve such fee questions by consulting first with their FOIA officers. Whenever fee questions cannot be resolved in that way, agency FOIA officers should direct their questions to OMB's Office of Information and Regulatory Affairs, Information Policy Branch, at (202) 395-6466.
OIP Fee Waiver Guidance and Reference Materials
OIP has issued guidance on the FOIA's fee waiver provisions and regularly provides training to agency personnel on FOIA fees and fee waivers. Agency FOIA personnel with questions on the FOIA's fee waiver provisions can contact the OIP FOIA Counselor Service at (202) 514-FOIA (3642).
OIP has created a Toolkit to assist agencies in conducting self-assessments of their FOIA programs. The Toolkit is composed of fifteen modules corresponding to various stages of the FOIA process. Each module contains several milestones to guide agencies through a critial self-assessment. OIP will update and expand the Toolkit as needed to incorporate changes in FOIA law and policy. We welcome feedback on agency experiences using the Toolkit and any changes that would make it more helpful. Please email DOJ.OIP.FOIA@usdoj.gov with any questions or input.
March 2023 Update
FOIA Self-Assessment Toolkit (March 2023)
Fillable spreadsheets (see instructions on page vii of the above PDF):
- Centralized Agency and Component Fillable Self-Assessment
- Decentralized Agency Self-Assessment Score Tracker
A joint publication of the Department of Justice, Office of Management and Budget, and General Services Administration, Your Right to Federal Records is the federal government’s general public information brochure on access to federal agency information. The brochure provides guidance about using the FOIA and the Privacy Act in a clear and easy to understand format.