Do It Yourself: FOIAs
The Freedom of Information Act (FOIA), enacted on July 4, 1966, gives the public a statutory right to access information in the executive branch of the federal government. (See 5 U.S.C. §552) The FOIA requires federal agencies to proactively disclose several types of general agency information in the Federal Register, including organizational structure and functions, procedural and substantive rules, and statements of policy. Additionally, FOIA requires agencies to make available in electronic format final agency opinions and orders, specific policy statements, and some staff-related materials, as well as FOIA releases that are likely to be requested again.
In addition to requiring these proactive disclosures, FOIA gives every person a right to access federal agency records that are not already public, except portions that are protected under one of nine exemptions, so long as the person reasonably describes the records being sought.
FOIA stipulates a detailed timeframe for agencies to respond to requests for public records. Generally, an agency must issue a response within 20 business days of receiving a request, indicating whether or not the agency will comply with the request, the reasons for the decision, a description of the scope of documents to be produced, and any claimed exemptions. (See §552(a)(6)(A)(i),(ii)) Once an agency makes the determination to comply with a request, the records must be made “promptly available” to the requester. (See §552(a)(6)(C)(i))
Under certain limited circumstances, an agency may toll the running of the 20-day period or extend the determination deadline by ten business days. (See §552(a)(6)(A)(ii), §552(a)(6)(B)(i)) The agency may extend beyond ten days only if it provides written notice that the requester can limit the scope of the request so it can be processed within the time limit or offers the requester a chance to arrange with the agency an “alternative time frame” for processing the request. (See 5 U.S.C. §552(a)(6)(B)(ii))
The FOIA includes nine exemptions, each of which allows agencies to withhold certain records in part or in whole. (See 5 U.S.C. §552(b))
Any adverse “final determination” may be appealed to the agency (See §552(a)(6)(A)), and the agency must make a determination on the appeal within 20 working days of receipt, with extension allowed only under “unusual circumstances” as defined by the FOIA. (See §552(a)(6)(A)(ii); §552(a)(6)(B)(i), (iii))
If an agency fails to make a determination on a request or rule on an appeal within the applicable time frame, or a requester believes that the agency has improperly withheld or redacted records, the requester can file a lawsuit in federal court, asking the court to compel the agency’s compliance with FOIA.
For details, see the United States Department of Justice Guide to the Freedom of Information Act and the FOIA statute.
Filing FOIA requests
Freedom of Information Act (FOIA) requests can be used to obtain information from the federal government and state governments. For example, the ongoing “data dump” about Pfizer’s development of the COVID vaccine is the result of a FOIA request made to the U.S. Food and Drug Administration (FDA). The U.S. Department of Justice Guide to the Freedom of Information Act is a comprehensive legal treatise on the FOIA. The guide includes detailed discussions of the FOIA’s procedural requirements, nine exemptions and litigation considerations. Each section contains a detailed analysis of the key judicial opinions issued on the FOIA.
FOIA Resources
Information about Making Requests under the Federal Freedom of Information Act (FOIA)
- Transparency 101: Judicial Watch FOIA Handbook
- Department of Justice Guide to the Federal Freedom of Information Act
- Reporters Committee FOIA Wiki
- Overview of FOIA Exemptions
- Brian Hooker’s Primer on How to File a FOIA Request
Information about Making Requests under State Open-Records Laws
- State by state info from the National Freedom of Information Coalition
- More state-by-state guidance: Open Government Guide from Reporters Committee for Freedom of the Press
- Tips for Filing a Public Records Request in Your State or City
Federal Agency Portals for Filing a FOIA Request
- Food and Drug Administration (FDA)
- FDA’s “FOIA How-To” Page
- Centers for Disease Control and Prevention (CDC)
- Department of Health and Human Services (HHS)
- National Institutes of Health (NIH)
- Department of Homeland Security (DHS)
Additional Helpful Information
- National Archives Records Schedule
- Federal Spending Database – USA Spending
- FDA FOIA Logs
- Grants.gov
Transparency Organizations and Websites
- U.S. Right to Know (USRTK)
- America First Legal
- Public Health & Medical Professionals for Transparency
- Informed Consent Action Network (ICAN)
- COVID-19 Contracts – Knowledge Ecology International
- Judicial Watch
- Open the Books
- Government Attic
- The Black Vault
- Muckrock
- The FOIA Project
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