Memo 13392MemorandumObama · D

Presidential Memorandum 13392

Freedom of Information Act

This memorandum directs executive agencies to adopt a presumption of disclosure under the Freedom of Information Act, instructing the Attorney General to issue new FOIA guidelines and the OMB Director to update public information dissemination guidance, including through new technologies.

Impact dates

  1. Attorney General to issue new FOIA guidelines

  2. OMB Director to update information dissemination guidance

Key directives

  • Adopt presumption in favor of disclosure for all FOIA decisions
  • Attorney General to issue new FOIA guidelines to agency heads and publish in Federal Register
  • Attorney General to review FOIA reports produced under Executive Order 13392
  • OMB Director to update guidance to increase and improve information dissemination to the public, including through new technologies, and publish in Federal Register
  • Agencies should take affirmative steps to make information public without waiting for specific requests
  • Agencies should use modern technology to inform citizens about Government activities

Who is ordered

Timeline

Immediate

  • adoption of presumption in favor of disclosure for all FOIA decisions

Near term (90d)

  • Attorney General to issue new FOIA guidelines
  • OMB Director to update information dissemination guidance

Long term

  • new era of open Government
  • increased proactive public information dissemination via modern technology

Risks & tensions

  • No enforcement mechanism or deadline specified for Attorney General or OMB guidance
  • Document explicitly disclaims creating any enforceable rights or benefits
  • Tension between transparency mandate and national security/exemption categories not addressed
  • Vague 'new era of open Government' language lacks concrete metrics for success
Presidential Memorandum 13392: Freedom of Information Act · Executive Orders