Resource Center :
Policy :
Freedom of Information Act (FOIA) :
Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA) was passed by Congress in 1966 and amended in 1974 in order to create an open government. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws.
FOIA can be used by individuals, universities, business, or any organization to obtain records on agency operations and actions, and other collected information relating to public health, environmental hazards, consumer product safety, government spending, labor relations, business decisions, taxes, history, foreign policy, national defense and the economy. The law does contain nine exemptions for national security, internal agency rules, information governed by other statutes, business information, internal government memos, private matters, law enforcement investigations, records on the regulation of financial institutions, and information concerning the location of oil wells.
A number of recent government policies and rules significantly alter how information is handled under FOIA. Attorney General John Ashcroft issued a memorandum on October 12, 2001 instructing agencies to withhold documents whenever legally possible under the Freedom of Information Act. The memo specifically states the exemptions that agencies should use to shield information. The General Accounting Office (GAO) released a report that shows a significant percentage of
FOIA officers have reduced the amount of information available to the public because of the Ashcroft memo.
On December 14, 2005, President Bush issued Executive Order 13392 on FOIA. The Executive Order requires agencies to name a Chief FOIA Officer, and to establish FOIA Requester Service Centers to help people find out the status of their requests. This executive order will not fix many of the problems with the current FOIA system that are addressed by Sens. Cornyn and Leahy's Faster FOIA and OPEN Government Acts.
In the 110th Congress, the House and Senate have each passed bills (H.R. 1309 and S. 849) that hold promise for the improvement of the FOIA process. Important differences exist between the bills and will have to be addressed in the fall of 2007.
Federal Agency Information
Using FOIA
Resource Pages
Legislation and Policies
Analyses and Reports
- An Opportunity Lost: an in-depth analysis of FOIA performance from 1998 to 2007
[Coalition of Journalists for Open Government, 7.8.2008]
- Mediation Without Litigation by Harry Hammitt.Access advocates are turning to state models for examples of how access to information disputes can be resolved short of litigation. [September 2007]
- FOIA Facts: Are Ombudsman The Answer? [LLRX.com 4.24.2007]
- Still Waiting After All These Years: An in-depth analysis of FOIA performance from 1998 to 2006
[Coalition of Journalists for Open Government, 8.8.2007]
- Freedom of Information Act (FOIA) Amendments:
110th Congress, CRS via Federation of American Scientists Updated [7.10.2007]
- 40 Years of FOIA, 20 Years of Delay National Security Archive at the George Washington University [7.2.2007]
- File Not Found: 10 Years After E-FOIA, Most Federal Agencies Are Delinquent, National Security Archive at the George Washington University [3.12.2007]
- The Waiting Game: FOIA Performance Hits New Lows, Coalition of Journalists for Open Government [February 2007]
- Protecting reporters' privilege?: Evaluating the effectiveness of the Free Flow of Information Act of 2006 by Alicia Armbruster,
First Amendment Center intern [First Amendment Center Analysis, 2.7.2007]
- Government Secrecy vs. Freedom of the Press by Geoffrey Stone [First Report, Vol. 7 No. 1, December 2006]
- What's In Your FOIA Law? A survey of states on local open-government issues from the Virginia Coalition for Open Government [11.17.2006]
- Federal Controls on State Information Disclosure:
FERPA, HIPAA and DPPA, by Harry Hammitt. Read the press release for the report from the National Freedom of Information Coalition [Published around November 15, 2006]
- FOIA's 40th Anniversary:
Agencies Respond to the President's Call for Improved Disclosure of Information [July 4, 2006]
In recognition of this important milestone in the history of disclosure of agency information, members and staff of OpenTheGovernment.org, the Sunshine in Government Initiative (SGI), Coalition of Journalists for Open Government (CJOG), National Security Archive, and other friends of openness in government undertook a collaborative look at a sample of the plans submitted by federal agencies in response to E.O. 13392, "Improving Agency Disclosure of Information," issued on December 14, 2005. View the accompanying table here. Press release.
- "Freedom of
Information Act: Agency Views on Changes Resulting from New
Administration Policy" from the General Accounting Office [September 2003]
- Implementation of the 1996 "EFOIA Amendments to the Freedom of Information Act from OMB Watch [April 1998]
- "A People Armed?" Agency E-FOIA Implementation from OMB Watch [October 1996]
For more information on how to use FOIA, see the OpenTheGovernment.org Getting and Using Information page.
Any resources, links or materials you would like to suggest for inclusion in this section? Email us with your idea include a short explanation and any links or supporting documents for review by our staff.
