Attorney General Eric Holder has called for a "presumption of openness" when processing FOIA requests, which is tied into instructions from President Obama to "reaffirm the government’s commitment to accountability and transparency."
In a memo to the heads of department and agencies, Holder asked agencies to make discretionary disclosures of records and to release records in part whenever they cannot be released in full. According to that guidance, the new FOIA guidelines address both application of the presumption of disclosure and the effective administration of the FOIA across the government.
This means increased workload for agencies. The guidelines call on agencies to ensure they have in place effective systems for responding to requests, and to address the key roles played by a broad range of personnel who work with each agency’s FOIA professionals.
It also says agency chief FOIA officers will now have to report annually to the Justice Department on progress improving FOIA administration, though mentions nothing as to whether additional resources would be provided. However, the issue is sure to come up as Congress begins considering fiscal 2010 appropriations.