I. FOIA POLICY MEMORANDA

Memorandum from the Assistant to the President and Chief of Staff Regarding Homeland Security Information, dated March 19, 2002

Memorandum Concerning Safeguarding Information Regarding Weapons of Mass Destruction and Other Sensitive Records Related to Homeland Security, dated March 19, 2002

Memorandum from Attorney General John Ashcroft Regarding the Freedon of Information Act, dated October 12, 2001

Memorandum Concerning Further Efforts to Implement E-FOIA Provisions, March 23, 2001

Memorandum Concerning White House Records, dated November 3, 1993

Presidential Memorandum Regarding the Freedom of Information Act, dated October 4, 1993

II. FOIA POLICY GUIDANCE AND ADVICE

Discovery, the Privacy Act and FOIA (FOIA Update, Vol. III, No. 2) (See also modification provided in How does the D.C. Circuit's recent Bartel decision affect agency disclosure of personal information?)

Submitters' Rights (FOIA Update, Vol. III, No. 3) (See also Executive Order No. 12,600, issued June 23, 1987)

Protecting "Outside" Advice (FOIA Update, Vol. III, No. 3) (See also modification provided in Supreme Court Rules in Exemption 5 Case (FOIA Post, posted April 4, 2001))

Privacy Protection Considerations (FOIA Update, Vol. III, No. 4) (See also modification provided in Privacy Protection Under the Supreme Court's Reporters Committee Decision)

Factoring in the "Public Interest" (FOIA Update, Vol. III, No. 4) (See also modification provided in Privacy Protection Under the Supreme Court's Reporters Committee Decision)

Fee Waiver Procedural Considerations (FOIA Update, Vol. IV, No. 1)

The Effect of Prior Disclosure:  Waiver of Exemptions (FOIA Update, Vol. IV, No. 2)

When to Expedite FOIA Requests (FOIA Update, Vol. IV, No. 3) (See also modification provided in Should agencies give immediate attention to any FOIA requester's special request that he be granted "expedited access" to records requested under the FOIA?)

Attorney Work-Product Protection (FOIA Update, Vol. IV, No. 3)

Copyrighted Materials and the FOIA (FOIA Update, Vol. IV, No. 4)

Unit Prices Under Exemption 4 (FOIA Update, Vol. IV, No. 4) (See also modifications provided in Does the new Federal Acquisition Regulation affect the possible applicability of Exemption 4 to unit prices contained in government contracts?, Can Exemption 4 protect the "unit prices" in unsuccessful government contract proposals?, New Statute Protects Contractor Proposals, Treatment of Unit Prices Under Exemption 4 (FOIA Post, posted May 29, 2002), New McDonnell Douglas Opinion Aids Unit Price Decisionmaking (FOIA Post, posted October 4, 2002), and Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004))

Congressional Access Under FOIA (FOIA Update, Vol. V, No. 1)

The Unique Protection of Exemption 2 (FOIA Update, Vol. V, No. 1)

The "Generic" Aspect of Exemption 7(A) (FOIA Update, Vol. V, No. 2) (See also modification provided in Supreme Court Declines to Review Waiver Case (FOIA Post, posted August 7, 2001))

How does the D.C. Circuit's recent Bartel decision affect agency disclosure of personal information? (FOIA Update, Vol. V, No. 3)

"Agency Records" vs. "Personal Records" (FOIA Update, Vol. V, No. 4)

What is the status of the legal position that the Privacy Act can serve as an Exemption 3 statute under the FOIA? (FOIA Update, Vol. V, No. 4)

Does the new Federal Acquisition Regulation affect the possible applicability of Exemption 4 to unit prices contained in government contracts? (FOIA Update, Vol. V, No. 4) (Superseded by Treatment Of Unit Prices Under Exemption 4 (FOIA Post, posted May 9, 2002) and Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004))

The Breadth of Work-Product Protection (FOIA Update, Vol. V, No. 4)

Protecting Intrinsic Commercial Value (FOIA Update, Vol. VI, No. 1)

The Attorney-Client Privilege (FOIA Update, Vol. VI, No. 2)

Discretionary Disclosure and Exemption 4 (FOIA Update, Vol. VI, No. 3)

"Preclusion" Doctrines Under the FOIA (FOIA Update, Vol. VI, No. 3)

Protecting Settlement Negotiations (FOIA Update, Vol. VI, No. 4) (See also modification provided in Supreme Court Rules in Exemption 5 Case (FOIA Post, posted April 4, 2001))

Privacy "Glomarization" (FOIA Update, Vol. VII, No. 1) (See also modification provided in How should Exemption 7(C) "Glomarization" be implemented in light of the Supreme Court's recent decision in Reporters Committee?)

Protecting Federal Personnel Lists (FOIA Update, Vol. VII, No. 3) (See also modification provided in Can agencies still continue to withhold federal personnel lists under Exemption 2 after the D.C. Circuit's decision in Schwaner v. Department of the Air Force?)

New Fee Waiver Policy Guidance (FOIA Update, Vol. VIII, No. 1)

Broad Protection for Witness Statements (FOIA Update, Vol. VIII, No. 2) (See also modification provided in Supreme Court Rules in Exemption 5 Case (FOIA Post, posted April 4, 2001))

Executive Order No. 12,600, issued June 23, 1987 (FOIA Update, Vol. VIII, No. 2)

Transition Team FOIA Issues (FOIA Update, Vol. IX, No. 4)

Privacy Protection Under the Supreme Court's Reporters Committee Decision (FOIA Update, Vol. X, No. 2)

Exemption 6 and Exemption 7(C):  Step-By-Step Decisionmaking (FOIA Update, Vol. X, No. 2)

Protecting Vulnerability Assessments Through Application of Exemption Two (FOIA Update, Vol. X, No. 3) (See also New Attorney General FOIA Memorandum Issued (FOIA Post, posted October 15, 2001))

How should Exemption 7(C) "Glomarization" be implemented in light of the Supreme Court's recent decision in Reporters Committee? (FOIA Update, Vol. X, No. 3)

Government Loses Tax Analysts Case (FOIA Update, Vol. X, No. 3)

Can agencies still continue to withhold federal personnel lists under Exemption 2 after the D.C. Circuit's decision in Schwaner v. Department of the Air Force? (FOIA Update, Vol. XI, No. 2)

Can Exemption 4 protect the "unit prices" in unsuccessful government contract proposals? (FOIA Update, Vol. XI, No. 2) (See also modification provided in New Statute Protects Contractor Proposals and Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004))

Procedural Rules Under the D.C. Circuit's Oglesby Decision (FOIA Update, Vol. XII, No. 2)

When responding to a request for records on a named third party, should an agency advise the FOIA requester of the identity of a law enforcement agency to which it makes a record referral? (FOIA Update, Vol. XII, No. 2)

Referral and Consultation Procedures (FOIA Update, Vol. XII, No. 3) (See also Memorandum Concerning White House Records, dated November 3, 1993 and When an agency makes a referral of requested records to another agency that originated those records, does it retain any responsibility with respect to those records in connection with that FOIA request?)

The "Automatic" Disclosure Provisions of FOIA:  Subsections (a)(1) & (a)(2) (FOIA Update, Vol. XIII, No. 3) (See also modification provided in Congress Enacts FOIA Amendments)

Can a "protective order" issued by an administrative law judge be a sufficient basis for withholding records under the FOIA? (FOIA Update, Vol. XIII, No. 3)

Should agencies give immediate attention to any FOIA requester's special request that he be granted "expedited access" to records requested under the FOIA? (FOIA Update, Vol. XIII, No. 3)

Is an "acknowledgment letter" sufficient to satisfy the requirement that an agency respond to a FOIA request within the Act's ten-day deadline? (FOIA Update, Vol. XIII, No. 3)

The Critical Mass Distinction Under Exemption 4 (FOIA Update, Vol. XIV, No. 2)

Exemption 4 Under Critical Mass:  Step-By-Step Decisionmaking (FOIA Update, Vol. XIV, No. 2)

Landano Decision Requires Greater Disclosure (FOIA Update, Vol. XIV, No. 3)

The "Reasonable Segregation" Obligation (FOIA Update, Vol. XIV, No. 3)

Supreme Court Decides FLRA Privacy Issue (FOIA Update, Vol. XV, No. 2)

When an agency makes a referral of requested records to another agency that originated those records, does it retain any responsibility with respect to those records in connection with that FOIA request? (FOIA Update, Vol. XV, No. 3)

Agencies Place Increasing Emphasis on Affirmative Information Disclosure (FOIA Update, Vol. XVI, No. 1)

New Executive Order on Classification of National Security Information Issued (FOIA Update, Vol. XVI, No. 2) (See also Executive Order on National Security Classification Amended (FOIA Post, posted April 11, 2003) and Executive Order 12,958, as Further Amended by Executive Order 13,292, dated March 25, 2003)

The Timing of New E.O. Applicability (FOIA Update, Vol. XVI, No. 2)

History of Exemption 1 Disclosure Orders (FOIA Update, Vol. XVI, No. 2)

Executive Order Comparison Chart (FOIA Update, Vol. XVI, No. 2) (See also Executive Order on National Security Classification Amended (FOIA Post, posted April 11, 2003) and Executive Order 12,958, as Further Amended by Executive Order 13,292, dated March 25, 2003)

Determining the Scope of a FOIA Request (FOIA Update, Vol. XVI, No. 3)

Should an agency take any special step before providing a FOIA requester with a photocopy of a record that is a poor copy or is not entirely legible? (FOIA Update, Vol. XVI, No. 3)

The Bifurcation Requirement for Privacy "Glomarization" (FOIA Update, Vol. XVII, No. 2)

Congress Enacts FOIA Amendments (FOIA Update, Vol. XVII, No. 4)

New Statute Protects Contractor Proposals (FOIA Update, Vol. XVIII, No. 1)

Amendment Implementation Questions (FOIA Update, Vol. XVIII, No. 1)

If an agency determines that a certain type of record is the subject of multiple FOIA requests that are all made shortly after the record's creation, but is not likely to be requested again, need it place it in its reading room under new FOIA subsection (a)(2)(D)? (FOIA Update, Vol. XVIII, No. 2)

What form of measurement should agencies use in notifying FOIA requesters of the amount of information that has been deleted or withheld in a FOIA request? (FOIA Update, Vol. XVIII, No. 2)

When an agency places newly created adjudicatory decisions in its "electronic reading room," must it take extra steps to produce an electronic image of any signature that appears on those documents? (FOIA Update, Vol. XVIII, No. 2)

Guidelines for Agency Preparation and Submission of Annual FOIA Reports (FOIA Update, Vol. XVIII, No. 3) (See also modifications provided in If an agency can most readily compile its statistics for the new form of annual FOIA report by using working days rather than calendar days, should it do so?, For purposes of the new annual FOIA report, how should an agency count a request for which the requester refuses to pay an applicable FOIA fee?, and Supplemental Guidance on Annual FOIA Reports (FOIA Post, posted August 13, 2001))

Agencies Develop Web Sites for FOIA (FOIA Update, Vol. XVIII, No. 3)

New Disclosure Rule Adopted for Unit Prices (FOIA Update, Vol. XVIII, No. 4) (Superseded by Treatment of Unit Prices Under Exemption 4 (FOIA Post, May 29, 2002), New McDonnell Douglas Opinion Aids Unit Price Decisionmaking (FOIA Post, posted October 4, 2002), and Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004))

NOAA Develops User-Friendly Web Site for FOIA (FOIA Update, Vol. XIX, No. 1)

Electronic FOIA Amendments Implementation Guidance Outline (FOIA Update, Vol. XIX, No. 1) (See also Electronic Compilation of E-FOIA Implementation Guidance (FOIA Post, posted February 28, 2003))

Should agencies explore their capability to receive FOIA requests electronically through the Internet and their World Wide Web sites? (FOIA Update, Vol. XIX, No. 1)

If a requester asks to have records disclosed in more than one existing form or format (e.g., in paper form as well as in an electronic form), is the agency obligated to disclose the records in both forms? (FOIA Update, Vol. XIX, No. 1)

Can a small field office of a large agency meet its "electronic availability" obligation with respect to newly created reading room records under the electronic FOIA amendments by placing those records in its local reading room in CD-ROM form? (FOIA Update, Vol. XIX, No. 1)

Locating and Maintaining Accurate Information on FOIA Home Pages (FOIA Update, Vol. XIX, No. 2)

If an agency can most readily compile its statistics for the new form of annual FOIA report by using working days rather than calendar days, should it do so? (FOIA Update, Vol. XIX, No. 3)

For purposes of the new annual FOIA report, how should an agency count a request for which the requester refuses to pay an applicable FOIA fee? (FOIA Update, Vol. XIX, No. 3)

Do the grand jury secrecy restrictions of Rule 6(e) of the Federal Rules of Criminal Procedure prohibit agency FOIA officers from gaining access to grand jury information for FOIA administration purposes? (FOIA Update, Vol. XIX, No. 3)

Recommendations for FOIA Web Sites (FOIA Update, Vol. XIX, No. 3)

Congress Enacts FOIA-Related Legislation (FOIA Update, Vol. XIX, No. 4)

Supreme Court Vacates Exemption 1 Decision (FOIA Update, Vol. XX, No. 1)

Agencies Continue E-FOIA Implementation (FOIA Post, posted March 14, 2001)

GAO E-FOIA Implementation Report Issued (FOIA Post, posted March 23, 2001)

Supreme Court Rules in Exemption 5 Case (FOIA Post, posted April 4, 2001)

Supreme Court Declines to Review Waiver Case (FOIA Post, posted August 7, 2001)

Supplemental Guidance on Annual FOIA Reports (FOIA Post, posted August 13, 2001) (See also FOIA Counselor Q&A:  Annual FOIA Reports (FOIA Post, posted December 19, 2003))

New Attorney General FOIA Memorandum Issued (FOIA Post, posted October 15, 2001)

Anthrax Mail Emergency Delays FOIA Correspondence (FOIA Post, posted November 30, 2001)

Guidance on Homeland Security Information Issued (FOIA Post, posted March 21, 2002)

Treatment of Unit Prices Under Exemption 4 (FOIA Post, posted May 29, 2002) (See also New McDonnell Douglas Opinion Aids Unit Price Decisionmaking (FOIA Post, posted October 4, 2002) and Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004))

NTIS:  An Available Means of Record Disclosure (FOIA Post, posted August 30, 2002)

Follow-Up Report on E-FOIA Implementation Issued (FOIA Post, posted September 27, 2002)

New McDonnell Douglas Opinion Aids Unit Price Decisionmaking (FOIA Post, posted October 4, 2002) (See also Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004))

FOIA Amended by Intelligence Authorization Act (FOIA Post, posted December 23, 2002)

Homeland Security Law Contains New Exemption 3 Statute (FOIA Post, posted January 27, 2003)

Executive Order on National Security Classification Amended (FOIA Post, posted April 11, 2003)

Supreme Court Decides to Hear "Survivor Privacy" Case (FOIA Post, posted May 13, 2003)

FOIA Officers Conference Held on Homeland Security (FOIA Post, posted July 3, 2003)

FOIA Counselor Q&A:  "Frequently Requested" Records (FOIA Post, posted July 25, 2003)

Agencies Rely on Wide Range of Exemption 3 Statutes (FOIA Post, posted December 16, 2003)

FOIA Counselor Q&A:  Annual FOIA Reports (FOIA Post, posted December 19, 2003)

Critical Infrastructure Information Regulations Issued by DHS (FOIA Post, posted February 27, 2004)

Supreme Court Rules for "Survivor Privacy" in Favish (FOIA Post, posted April 9, 2004)

Use of "Cut-Off" Dates for FOIA Searches (FOIA Post, posted May 6, 2004)

Full Court Review Sought in McDonnell Douglas Unit Price Case (FOIA Post, posted October 7, 2004)

The Limits of Agency Translation Obligations Under the FOIA (FOIA Post, posted December 1, 2004)

Treatment of Unit Prices After McDonnell Douglas v. Air Force (FOIA Post, posted September 8, 2005)

III. REFERENCE MATERIALS

The Freedom of Information Act (5 U.S.C. § 552, as Amended in 2007)

OMB Fee Guidelines (52 Fed. Reg. 10012 (March 27, 1987))

Index to FOIA Update (FOIA Update, Vol. XVIII, No. 4) (See also keyword-searchable archive of all issues of FOIA Update on the Department of Justice's FOIA Web Site)

FOIA Administrative and Legal Contacts at Federal Agencies (FOIA Update, Vol. XX, No. 1) (See also regularly updated contact list on Department of Justice's FOIA Web Site)

Executive Order 12,958, as Further Amended by Executive Order 13,292 (68 Fed. Reg. 15315 (March 25, 2003))

Executive Order No. 12,600, issued June 23, 1987

Memorandum from OMB Concernng Updated Guidance on Developing a Handbook for Individuals Seeking Access to Public Information, dated April 23 1998, and OMB Bulletin No. 95-01, dated December 7, 1994

OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (64 Fed. Reg. 54926 (October 8, 1999))

Introducing FOIA Post (FOIA Post, posted March 14, 2001)

OIP Gives FOIA Implementation Advice to Other Nations (FOIA Post, posted December 12, 2002) (See also World Now Celebrates "International Right-to-Know Day" (FOIA Post, posted September 28, 2004))

FOIA Post Interview:  Chairman Stephen Horn (FOIA Post, posted December 19, 2002)

Electronic Compilation of E-FOIA Implementation Guidance (FOIA Post, posted February 28, 2003)

Supreme Court Vacates and Remands in ATF Database Case (FOIA Post, posted March 25, 2003)

Compilations of FOIA Decisions Now Cover Past Fifteen Years (FOIA Post, posted December 31, 2003)

World Now Celebrates "International Right-to-Know Day" (FOIA Post, posted September 28, 2004)

The Use of Contractors in FOIA Administration (FOIA Post, posted September 30, 2004)

Basic FOIA Training Manual Now Available On-Line (FOIA Post, November 26, 2004)

FOIA Conferences Held by Growing Numbers of Agencies (FOIA Post, posted February 22, 2005)

House Subcommittee Holds Basic FOIA Oversight Hearing (FOIA Post, posted May 31, 2005)

Significant Recent Decisions