IG10019 — The Freedom of Information Act (FOIA)

/ THE FREEDOM OF INFORMATION ACT FOIA FOIA, 5 U.S.C. § 552, provides the public with a right to access federal agency information, subject to enumerated exemptions and exclusions. ACCESS TO GOVERNMENT INFORMATION UNDER FOIA EXEMPTIONS KEY TERMS EXCLUSIONS JUDICIAL REVIEW Information prepared by Daniel J. Sheffner, Legislative Attorney, American Law Division; and Jamie L. Hutchinson, Visual Information Specialist. For more information see CRS Report R46238, The Freedom of Information Act (FOIA): A Legal Overview, by Daniel J. Sheffner, and CRS In Focus 11450, The Freedom of Information Act: An Introduction, by Daniel J. Sheffner. FOIA sets forth a three-part system for disclosing government information under which agencies must FOIA contains 9 exemptions from its disclosure requirements that permit, but do not require, agencies to withhold information or records that are otherwise subject to release. FOIA authorizes requesters to seek review of an agency's withholding decision in federal district court. The agency has the burden of proving that it properly withheld information under a FOIA exemption. CONGRESSIONAL MATERIALS properly classified national security matters matters related solely to internal agency personnel rules and practices matters exempted by specific types of statutes trade secrets and certain sensitive commercial or _financial information inter- and intra-agency materials that would normally be privileged in civil discovery certain personal information contained in personnel, medical, or similar _les various categories of law enforcement records specified financial institution reports geological and geophysical information and data concerning wells Note: Once an agency receives a proper FOIA request, it normally has 20 business days to determine whether to comply with the request. FOIA also excludes three particular categories of law enforcement records from its disclosure requirements. These exclusions allow an agency, in response to a request for such records, to treat the records as not subject to FOIA. Congress is not subject to FOIA. Whether a document that Congress transmits to an agency or that an agency creates to respond to a congressional request is subject to FOIA depends on whether Congress clearly expressed its intention to retain control over it. 01 02 03 04 05 06 07 08 09 AGENCY RECORDS Materials that an agency has created or obtained and that it controls when a FOIA request for such materials is made. ANY PERSON Includes individuals (U.S. citizens and noncitizens), as well as corporations and certain other entities. Includes executive departments, military departments, and other establishments within the executive branch, including certain entities within the Executive Office of the President, and independent regulatory agencies of the federal government. AGENCY promptly release covered records after receiving a request that reasonably describes the requested records and complies with relevant agency rules. electronically disclose other information —including final agency adjudicative opinions and certain previously released records—unless the information has been promptly published and copies have been made available for sale; and publish certain government information, such as “substantive rules of general applicability,” in the Federal Register; The meanings of three terms used by FOIA – “agency,” “agency records,” and “any person” – effectively determine which entities are subject to FOIA, what materials those entities must disclose, and to whom FOIA grants the right to request and receive records.

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