Freedom of Information Act (FOIA)

The Freedom of Information Act (FOIA, 1966) — codified at 5 U.S.C. § 552 — gives any person (not just U.S. citizens — corporations, foreign nationals, and journalists all qualify) the right to request records from federal executive branch agencies. Agencies must respond within 20 business days — a deadline routinely missed; backlogs of months to years are common at high-demand agencies like the FBI, State Department, and DOD. FOIA requests that are denied or ignored can be appealed within the agency, then challenged in federal district court, where judges review the agency's withholding decision. Nine statutory exemptions allow agencies to withhold certain records: (1) classified national security information; (2) internal personnel rules; (3) records exempt under other statutes; (4) trade secrets and confidential commercial information; (5) inter-agency deliberative process privilege (the most controversial — used to protect draft decisions and policy discussions); (6) personal privacy; (7) law enforcement records that could harm proceedings; (8) financial institution examination records; and (9) geological data. Exemptions 5, 6, and 7 generate the most litigation. Fee waivers are available for news media, educational institutions, and noncommercial scientific institutions. FOIA does not apply to Congress, the courts, or the President's immediate office (the EOP staff — distinct from agencies). The OPEN Government Act (2007) and FOIA Improvement Act (2016) strengthened the law — including a "foreseeable harm" standard for withholding (agencies must show specific harm, not just technical applicability of an exemption).

Current Law (2026)

Legal Authority

• 5 U.S.C. § 552 — Public information; FOIA (mandatory disclosure of agency records upon request; 9 exemptions; fee structure; judicial review)
• 5 U.S.C. § 552a — Privacy Act (protects personal records maintained by federal agencies; individual access and correction rights; limits on disclosure)
• 5 U.S.C. § 552b — Government in the Sunshine Act (multi-member agency meetings must be open to the public; 10 exemptions)
• 5 U.S.C. § 553 — Rulemaking (notice-and-comment procedure for federal regulations; Federal Register publication)

Implementing Regulations

• 5 CFR Part 2004 (OGIS) — Office of Government Information Services: FOIA ombudsman mediating disputes between requesters and agencies

• Each federal agency issues its own FOIA regulations (e.g., 28 CFR Part 16 — DOJ FOIA; 32 CFR Part 286 — DOD FOIA) specifying: designated FOIA offices, fee schedules, expedited processing criteria, administrative appeal procedures, and Vaughn index requirements for withholdings

• 6 CFR Part 5 — Department of Homeland Security FOIA and Privacy Act (36 sections — DHS rules governing public records requests and Privacy Act access for one of the largest and most frequently queried federal agencies, covering CBP, ICE, TSA, USCIS, Secret Service, and other DHS components):

  • Dual processing (§ 5.10): when a request involves records about the requester, DHS processes it simultaneously under both FOIA and the Privacy Act to give the requester the maximum access available under either law — whichever provides broader access governs the response
  • Fee structure (§ 5.11): DHS fees mirror the standard four-category FOIA framework — commercial requesters pay search, review, and duplication; educational/scientific institutions and news media pay only duplication; all others get 2 free hours of search plus 100 free pages; fee waiver requires showing that disclosure contributes significantly to public understanding of government operations and is not primarily in the requester's commercial interest
  • CBP business confidentiality (§ 5.12): records submitted to U.S. Customs and Border Protection (CBP) that contain trade secrets or confidential commercial/financial information receive heightened protection — CBP notifies submitters before disclosure and applies the deliberative process and commercial privilege exemptions broadly to protect import/export business data
  • Privacy Act requests (§§ 5.21–5.25): individuals seeking records about themselves must submit a written request to the specific DHS component holding the records; DHS acknowledges requests within 10 business days; classified records are processed under special handling; administrative appeals of Privacy Act denials must be filed within 90 days of the denial letter
  • Amendment requests (§ 5.26): individuals may request correction of inaccurate, irrelevant, or incomplete records in DHS systems of records; requests must be in writing to the component's Privacy Act Officer and must specify exactly what should be changed and why; DHS components must acknowledge amendment requests within 10 business days
  • Accounting of disclosures (§ 5.27): individuals may request a written accounting of all disclosures DHS has made of their records to third parties (other than intra-agency or law enforcement disclosures); this right lets individuals track who has seen their records and serves as a check on unauthorized sharing
  • Contractor obligations (§ 5.32): any DHS contractor operating a system of records on behalf of DHS must incorporate standard GSA Privacy Act contract clauses — the contractor is treated as an agency employee for Privacy Act violation purposes, exposing individuals to civil and criminal penalties for unauthorized disclosures

• 36 CFR Part 1250 — NARA Records Subject to FOIA (29 sections — the National Archives and Records Administration's FOIA implementing rules, which are among the most unique in government because NARA holds two fundamentally different types of records with very different access regimes):

  • § 1250.10 — When you don't need FOIA: Most archival records at NARA (records formally transferred from agencies into the National Archives for permanent preservation) have no access restrictions and are available to the public for research without filing a FOIA request; FOIA is needed only for operational NARA records (NARA's own administrative/personnel records) and certain restricted archival records (records with national security classification, privacy restrictions, or statutory restrictions like restricted census records)
  • § 1250.2 — Presumption of openness: NARA's core mission is public access to the historical record; consistent with that mission, NARA proactively discloses as many records as possible without waiting for FOIA requests; most NARA finding aids, indexes, and catalog records are publicly available online through the National Archives Catalog
  • § 1250.12 — FOIA library: NARA maintains a FOIA reading room with records that have been frequently requested (final agency opinions from NARA's own administrative decisions; staff manuals and instructions affecting the public; policy and interpretive memoranda; any NARA operational records released in response to FOIA requests that are likely to be of interest to others)
  • § 1250.20 — Request content: FOIA requests to NARA must describe the records sought in enough detail to allow NARA staff to locate them with a reasonable amount of effort; for archival records, this means identifying the record group, series, box/folder if known, and the approximate date range; vague requests for "all records about X topic" will be returned for clarification
  • § 1250.22 — Where to send requests: NARA has multiple FOIA Customer Service Centers — where you send the request depends on which type of records you're seeking (NARA operational records go to NARA's main FOIA office in College Park, MD; records from specific Presidential Libraries go to the respective library; records from regional archives go to the appropriate regional facility)
  • § 1250.26 — Processing: NARA acknowledges all FOIA requests in writing within 20 working days; NARA's FOIA backlog for restricted archival records (particularly classified Cold War-era national security records) has historically been substantial; electronic FOIA submissions are accepted through the FOIAonline portal
  • Practical significance: NARA is the repository for the permanent records of the entire federal government — if you're researching any historical federal agency action (a 1960s EPA enforcement action, a 1970s HUD housing decision, a 1980s military procurement), the underlying records may be at NARA, accessible through archival research without FOIA, with FOIA required only for portions that retain classification or privacy restrictions

• DOJ Office of Information Policy — issues government-wide FOIA guidance; publishes annual FOIA statistics by agency; administers FOIA.gov portal

• Exec. Order 13526 — Classified national security information: establishes the classification/declassification framework that governs FOIA Exemption 1 withholdings

• 21 CFR Part 20 — FDA Public Information (75 sections): FDA's implementing rules for FOIA, specifying exactly which categories of records are and are not available for public disclosure — the most practically important of any agency-specific FOIA rule because FDA holds vast amounts of proprietary pharmaceutical, device, and food manufacturer data:

  • § 20.101 — Administrative enforcement records: FDA inspection records — including Forms FD-483 (factory inspection observation lists) and FD-2275 — are available for public disclosure at the time they are first disclosed to the company being inspected; regulatory letters, recall and detention requests, and notices of import refusal are similarly public once issued; establishment inspection reports are treated as investigatory records and handled more restrictively until final action
  • § 20.117 — New drug information: FDA maintains publicly available computer listings of every NDA and ANDA (abbreviated new drug application) approved since 1938 — trade name, applicant, approval date, and withdrawal date if applicable; this makes the approval history of every marketed drug a public record; the underlying clinical trial data and manufacturing formulations in the application file are separately handled under trade secret protections
  • § 20.61 — Trade secrets exemption (Subpart D): manufacturing processes, chemical formulations, clinical trial protocols and data submitted by drug/device/food manufacturers are protected from FOIA disclosure as trade secrets and confidential commercial information; FDA must make this determination record-by-record and must disclose any non-exempt segregable portions; submitters who fear their confidential data will be released may file a reverse-FOIA suit to block disclosure
  • § 20.112 — Voluntary drug experience reports: MedWatch adverse event reports submitted voluntarily by physicians and hospitals (FDA Form 3500) are released only with written consent of both the reporter and the subject individual; mandatory adverse event reports from manufacturers are handled under different rules at 21 CFR Part 310
  • § 20.110 — FDA employee information: name, title, grade, position description, salary, work address, and work telephone number for every FDA employee are public; home address and home telephone number are not
  • What researchers actually FOIA from FDA: Form 483 inspection records (to assess manufacturing quality at drug/food facilities before investing or buying products), NDA safety reports once post-market safety concerns arise, advisory committee correspondence, and pre-submission meeting minutes; journalist and advocacy group requests for FDA-industry meeting records (covered by § 20.108 — agreements with other organizations) have increased significantly since 2015

• 31 CFR Part 1 — Department of the Treasury Disclosure of Records (29 sections): Treasury's implementing regulations for both FOIA and the Privacy Act, covering all Treasury bureaus and offices — including the IRS (Subpart A), FinCEN, OCC, OFAC, Bureau of Fiscal Service, and the Treasury Departmental Offices. Treasury is one of the federal government's most heavily FOIAed departments because it holds financial regulatory records, tax administration data, sanctions lists, and currency enforcement information. Part 1 consolidates FOIA and Privacy Act procedures in a single regulation with three subparts:

  • Subpart A — Freedom of Information Act (8 sections): Treasury's rules for processing FOIA requests; requests must be submitted to the specific bureau or component that holds the records (IRS requests go to IRS, OCC requests to OCC, etc.); proactive disclosure requirements under § 1.1 require Treasury to post on treasury.gov all records that must be available for public inspection — final opinions, frequently requested records, staff manuals affecting the public, and policy interpretations; the FOIA Public Liaison for each component can help requesters identify the right office and locate responsive records
  • Subpart B — Other Disclosure Provisions (5 sections): covers mandatory disclosure obligations outside FOIA, including disclosures required by court order, disclosures to other government agencies, and disclosures under memoranda of understanding with state regulators and foreign authorities; Treasury's financial regulatory bureaus (OCC, OTS historically) operate under disclosure rules that differ from standard FOIA in some respects — bank examination records, for instance, are protected under bank examination privilege even when responsive to a FOIA request
  • Subpart C — Privacy Act (16 sections): Treasury's Privacy Act implementing rules for systems of records maintained by all Treasury bureaus; individuals seeking access to their own records must submit a written request to the appropriate component; acknowledgment is required within 10 business days; Privacy Act amendments (corrections to inaccurate records) must be acknowledged within 10 business days; denials of access or amendment are appealable to the Secretary of the Treasury; the IRS Privacy Act procedures have specialized provisions reflecting the sensitivity of taxpayer return information (26 U.S.C. § 6103 imposes strict confidentiality on tax returns that supplements the Privacy Act)
  • Most frequently FOIAed Treasury records: OFAC sanctions designations (supporting documentation for SDN list entries); BSA/FinCEN Currency Transaction Reports and Suspicious Activity Reports (generally not releasable; protected under 31 U.S.C. § 5319 as law enforcement records); OCC bank examination reports (generally protected by bank examination privilege and Exemption 8); Treasury enforcement letters and settlement agreements (often released with redactions); IRS Chief Counsel Advice memoranda and Technical Advice Memoranda (released under IRC § 6110 with identifying information redacted)
  • Recent rulemakings: Part 1 was updated at 90 FR 20396 (2025) and 89 FR 101889 (2024) — amendments tracking government-wide FOIA modernization requirements, including e-filing capabilities and updated fee schedules

• 40 CFR Part 2 — EPA Public Information (41 sections across three subparts — EPA's FOIA implementing rules, notable primarily for Subpart B: Confidentiality of Business Information, which governs the most practically consequential trade secret protection question in environmental law: when can EPA disclose chemical formulas, emissions data, and manufacturing processes that companies submitted in confidence under environmental regulations?):

  • § 2.101 — Request procedures: submit FOIA requests to EPA's National FOIA Office (online via FOIA.gov or foiaonline.gov) or the specific program office; requests are assigned to the office most likely to hold the records; EPA must respond within 20 working days with a determination to disclose, withhold, or partially disclose; appeals of adverse determinations go to EPA's FOIA Appeals Officer within 90 calendar days
  • § 2.104 — Response timing: EPA may invoke one 10-day extension for unusual circumstances (large request volume, need to consult other agencies or field offices); requesters may seek expedited processing by demonstrating urgent need; EPA tracks its FOIA backlog and publishes annual statistics
  • § 2.107 — Fee structure: commercial requesters pay for search, review, and duplication; news media and educational/scientific institutions pay only duplication costs; all others receive 2 free search hours plus 100 free pages; fee waivers require showing that disclosure contributes to public understanding of government operations, and EPA grants fee waivers broadly for environmental researchers and journalists covering EPA programs
  • §§ 2.201–2.215 (Subpart B) — Business confidentiality: EPA uniquely holds enormous quantities of confidential business information (CBI) submitted by companies under mandatory environmental reporting requirements — TSCA chemical inventories, RCRA waste manifests, CAA emissions data, SDWA drinking water system reports, pesticide registration data, and CERCLA hazardous substance notifications; companies submitting such information may assert business confidentiality claims at the time of submission (§ 2.203); EPA must evaluate each claim before disclosure — the process involves notice to the submitter, an opportunity to respond, and an EPA legal office determination (§§ 2.204–2.205); EPA may not disclose substantiated trade secrets even in response to a valid FOIA request; if EPA proposes to disclose despite a confidentiality claim, the submitter may seek a preliminary injunction (reverse-FOIA)
  • §§ 2.301–2.306 (Subpart C) — Employee testimony: current and former EPA employees may not testify or produce records in private litigation without EPA approval under Touhy regulations; requests for EPA employee testimony in private cases must be submitted to EPA's Associate General Counsel; EPA balances litigation needs against the government's interest in preserving agency neutrality and protecting deliberative process

  The Subpart B CBI framework is critical for anyone who uses environmental data. EPA publishes much chemical emissions data (e.g., the Toxics Release Inventory under EPCRA § 313), but companies may claim CBI exemptions that prevent public disclosure of specific chemicals reported as "CBI." The tension between corporate confidentiality and public's right to know what chemicals are in their air and water has been a persistent litigation topic — TSCA's CBI provisions were substantially reformed by the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act to narrow CBI claims for health and safety data.

• 41 CFR Part 105-60 — GSA Public Availability of Records (36 sections across 11 subparts — GSA's FOIA rules implementing the Freedom of Information Act for the General Services Administration, one of the federal government's largest agencies by budget and operational scope; last updated at 88 FR 32140 (2023)):

  • § 105-60.100 (Subpart B — Proactive Disclosures): GSA proactively makes available on GSA.gov all records that must be publicly accessible under 5 U.S.C. § 552(a)(2) — final agency opinions in enforcement proceedings, adopted policies and interpretations, staff manuals affecting the public, and frequently requested records; GSA's Federal Acquisition Service makes its MAS contract terms, pricing schedules, and vendor approval decisions available through the GSA Advantage portal
  • §§ 105-60.300–105-60.400 (Subparts C–D): requesters must describe records with sufficient specificity to locate them with a reasonable search; GSA routes requests to the office most likely to have them — the FAS for procurement records, PBS for building and lease records, the Office of Inspector General for audit reports; GSA acknowledges all requests within 20 working days with a determination
  • §§ 105-60.700 (Subpart G): GSA handles confidential commercial information submitted by vendors through the MAS contracting process; when a FOIA request targets a vendor's pricing, cost structure, or proprietary teaming arrangements, GSA notifies the submitter and gives 10 workdays to object; GSA weighs the objection before deciding to release or withhold; Exemption 4 (trade secrets) and Exemption 3 (FASA protections) are the primary withholding bases for procurement-sensitive information
  • §§ 105-60.1001–105-60.1008 (Subpart L — Touhy Regulations): GSA employees may not testify or produce documents in private litigation without the Administrator's approval; a party seeking GSA employee testimony must serve a demand on the General Counsel's office; GSA evaluates whether testimony would reveal deliberative process communications, classified information, or sensitive procurement data; GSA employees are not authorized to testify about the underlying merits of procurement decisions — those disputes must proceed through the Government Accountability Office or Court of Federal Claims

• 45 CFR Part 5 — Freedom of Information Regulations (27 sections — HHS's government-wide FOIA implementing rules covering all HHS operating divisions: FDA, CDC, NIH, CMS, HRSA, SAMHSA, and other HHS components; notable for the scale of health and biomedical data HHS holds and for its multi-component routing structure):

  • § 5.2 — Presumption of openness: HHS administers FOIA with a presumption that disclosure serves the public interest; if doubt exists about whether disclosure would harm a protected interest, HHS releases the records; all directives to withhold must be supported by a reasonably foreseeable harm determination — a codification of the FOIA Improvement Act of 2016 standard
  • § 5.21 — Who may file: any individual, partnership, corporation, association, or public or private organization, regardless of citizenship or immigration status, may file a FOIA request with HHS; anonymous requesters may file but may be required to provide contact information for fee purposes
  • § 5.22 — Request content: requests must describe the records sought in enough detail that a knowledgeable HHS employee could locate them with a reasonable search effort; requests for broad categories ("all records about X topic") without identifying a time frame or program office may be returned for clarification; HHS has established an online FOIA portal through HHS.gov/FOIA for electronic submission
  • § 5.23 — Where to send requests: HHS routes FOIA requests to the Operating Division (OpDiv) most likely to hold the records; requesters should direct requests to the specific OpDiv (FDA, NIH, CDC, CMS) rather than HHS headquarters when possible; HHS provides a FOIA directory listing each component's designated FOIA Service Center with addresses, phone numbers, and online submission links; requests sent to the wrong OpDiv are forwarded, but this adds delay
  • § 5.24 — Processing: HHS acknowledges all FOIA requests in writing, assigns a tracking number, and places the request in the appropriate processing queue (simple, complex, or expedited); large or complex requests may be placed in a multi-track system where complex requests are processed in order of receipt within their track; HHS may break large requests into multiple components and process separately
  • § 5.25 — Multi-component requests: when a request involves records held by multiple HHS OpDivs or other federal agencies, HHS coordinates internally and with other agencies; each OpDiv handles its own portion and a combined response is issued; requesters who want FDA records and CDC records in the same request should be prepared for separate response packages from each component
  • § 5.26 — Estimated completion dates: HHS provides estimated completion dates for all pending requests upon request; HHS tracks FOIA performance metrics and publishes annual FOIA reports through the DOJ FOIA.gov portal; HHS's FOIA backlog has historically been significant — FDA and NIH receive thousands of requests annually, and complex requests involving clinical trial data or drug approval records may take 12–24 months

  HHS is among the most FOIAed federal departments, largely because of the public health and biomedical data it holds. The most frequently requested HHS records include: FDA 483 factory inspection observations and Establishment Inspection Reports (for investors, journalists, and patient advocates assessing drug manufacturing quality); NIH grant applications and study protocols (for competitor research institutions and academic researchers); CMS cost reports submitted by hospitals and nursing homes (for health policy researchers and journalists analyzing hospital finances); and CDC epidemiological data and outbreak investigations (for public health advocates and journalists). The 2016 FOIA Improvement Act's foreseeable harm standard is particularly important in the HHS context because agencies like FDA must balance corporate trade secret protection against public health interests — the standard has shifted the analysis toward disclosure for health and safety information.

• 45 CFR Part 2507 — Procedures for Disclosure of Records Under the Freedom of Information Act (AmeriCorps/CNCS) (27 sections — the Corporation for National and Community Service's FOIA implementing rules, governing access to records of AmeriCorps, VISTA, Senior Corps, Social Innovation Fund, and other national service programs administered by CNCS/AmeriCorps; of particular interest to researchers studying federal grant administration and nonprofit oversight):

  • § 2507.1 — Scope: applies to all CNCS records regardless of format (paper, electronic, audiovisual); requests for records relating to the requester's own participation in AmeriCorps or Senior Corps programs are processed under both FOIA and the Privacy Act simultaneously to maximize what can be released
  • § 2507.10 — Response timing: AmeriCorps ordinarily responds within 20 working days of receipt; complex requests (involving large record volumes, multiple program offices, or third-party consultation) may be placed in a multi-track queue; AmeriCorps may aggregate multiple related requests from the same requester when doing so would reduce operational burden
  • § 2507.13 — Commercial information: when a FOIA request targets records submitted by grantees or contractors that contain commercial or financial information, AmeriCorps notifies the submitter before deciding whether to disclose; submitters have 10 working days to assert objections; AmeriCorps weighs the objection against the public interest in disclosure before deciding; grantee grant applications and program reports (which typically contain budget information, organizational capacity data, and service delivery metrics) are frequently requested and subject to this notification process
  • § 2507.14 — Administrative appeals: FOIA denials may be appealed within 90 days to AmeriCorps's Chief FOIA Officer; the appeal is a paper review of the denial's legal basis; if the appeal is denied, the requester may file suit in federal district court under 5 U.S.C. § 552(a)(4)(B); AmeriCorps tracks appeal outcomes and adjusts withholding practice based on patterns in appeal resolutions
  • § 2507.15 — Mediation: requesters who receive adverse determinations may contact the Office of Government Information Services (OGIS) for free FOIA mediation; OGIS serves as the government-wide FOIA ombudsman and can help resolve disputes without litigation; AmeriCorps cooperates with OGIS mediation

• 40 CFR Part 1515 — Freedom of Information Act Procedures (Council on Environmental Quality) (26 sections — the CEQ's FOIA implementing rules; CEQ is the White House-level body that coordinates federal environmental policy and oversees agency implementation of the National Environmental Policy Act (NEPA); CEQ records include agency NEPA guidance documents, interagency environmental review correspondence, and White House environmental policy development materials that are frequently sought by environmental advocates and researchers):

  • § 1515.11 — How to request: requests are submitted by email to efoia@ceq.eop.gov or by mail to CEQ's FOIA Officer; because CEQ is a small Executive Office of the President (EOP) component, requests are processed by a small staff rather than a large FOIA division; requesters should be as specific as possible about the type of record sought (guidance documents, correspondence with specific agencies, NEPA regulations development files) to facilitate prompt processing
  • § 1515.13 — Response timing: CEQ's Chief FOIA Officer or the Chief FOIA Officer's designee acknowledges all requests and provides an estimated completion date; CEQ may contact requesters to narrow overly broad requests; the 20-working-day statutory response clock applies; CEQ's small size means its backlog tends to be smaller than large agencies like DOD or DHS, but White House coordination records may require interagency consultation that extends processing time
  • § 1515.14 — Expedited processing: requesters may seek expedited processing by demonstrating (a) imminent threat to life or physical safety, or (b) urgency to inform the public about federal government activity by a news media requester; CEQ evaluates expedited requests within 10 days
  • § 1515.16 — Withholding determinations: CEQ must make a "foreseeable harm" determination before withholding any record — the agency must identify the specific harm that would result from disclosure, not merely that the record technically falls within an exemption; the deliberative process privilege (Exemption 5) is CEQ's most frequently invoked withholding basis because many CEQ records consist of interagency coordination and policy deliberation communications; courts have scrutinized CEQ's Exemption 5 withholdings in cases where environmental advocates sought access to the policy deliberations underlying NEPA guidance revisions
  • § 1515.17 — Multi-agency records: when a request involves records that originated at or were submitted by another agency (e.g., agency-specific NEPA implementation guidance that CEQ reviewed), CEQ consults with the originating agency before deciding whether to disclose; the originating agency's equities in the records are considered, and in some cases CEQ refers the request to the originating agency for direct processing

  CEQ FOIA requests are particularly significant for NEPA researchers and environmental litigants: CEQ's administrative record in developing or revising NEPA regulations (the 2020 Trump administration NEPA overhaul, the 2022 Biden administration restoration, and ongoing revisions) is frequently sought by parties challenging NEPA implementation. CEQ records also include interagency correspondence about specific major federal projects where NEPA review has been contested — correspondence that can reveal how federal agencies coordinated (or failed to coordinate) environmental review.

• 40 CFR Part 1850 — Availability of Records (Gulf Coast Ecosystem Restoration Council) (25 sections across two subparts — the Gulf Restoration Council's FOIA and Privacy Act implementing rules; the Council is the multi-agency body established by the RESTORE Act of 2012 (33 U.S.C. § 1321) to coordinate and fund ecological and economic restoration of the Gulf Coast following the 2010 Deepwater Horizon oil spill; the Council holds records of grant awards, restoration project planning documents, and interagency coordination files related to one of the largest environmental restoration programs in U.S. history):

  • Subpart A — FOIA procedures (§§ 1850.1–1850.13): requests are directed to the Council's Records Management Officer at gulf@restorethegulf.gov; the Council applies the standard FOIA fee schedule — manual search at the actual salary rate of the employee involved plus 16% benefits loading; computerized search at actual direct cost; paper duplication at $0.05 per page; fee waivers are available when disclosure would contribute significantly to public understanding of Council activities and is not primarily in the requester's commercial interest
  • § 1850.11 — Business confidentiality: submitters of information who claim protection under FOIA Exemption 4 (trade secrets and confidential commercial information) must designate materials as "PROPRIETARY" or "BUSINESS CONFIDENTIAL" at the time of submission; confidentiality designations expire after 10 years unless the submitter provides justification for a longer period; the 10-year limit reflects the Council's recognition that Gulf restoration project documents have long public interest value
  • § 1850.12 — Submitter notice: before disclosing business information that a submitter designated as confidential, the Council provides notice to the submitter and an opportunity to object; this reverse-FOIA notice requirement applies whenever the submitter has made a good-faith confidentiality designation or the Council has reason to believe the information may be protected under Exemption 4
  • Subpart B — Privacy Act procedures (§§ 1850.20–1850.31): when a request involves records about the requester personally, the requester invokes the Privacy Act (for U.S. citizens and lawful permanent residents) rather than FOIA; Privacy Act requests go to the same Records Management Officer; the distinction matters because Privacy Act requests have different fee structures (no fees for first copy in many cases) and different legal remedies for wrongful denial

  The Gulf Restoration Council is notable as one of the few multi-agency bodies created specifically to oversee environmental restoration following a major disaster; its records documenting the RESTORE Act trust fund allocation decisions, restoration project selection, and interagency coordination are of particular interest to Gulf Coast communities, environmental researchers, and journalists tracking the progress and adequacy of Deepwater Horizon restoration efforts.

• 41 CFR Part 105-60 — Public Availability of Agency Records and Informational Materials (General Services Administration) (36 sections — GSA's FOIA implementing regulation governing how the public can access GSA records, including records on federal building leases, property sales, federal vehicle fleet contracts, federal supply schedule awards, and administrative records of GSA programs; authority: 5 U.S.C. § 552; 40 U.S.C. § 486):

  • § 105-60.102 — Records available without a request: GSA must make certain records proactively available — current agency rules and policies, final agency opinions in adjudications, statements of general policy, and frequently requested records; these must be posted to the GSA FOIA library at gsa.gov/reference/freedom-of-information-act
  • § 105-60.104 — How to make a FOIA request to GSA: requests should be directed to the GSA FOIA Requester Service Center; requests must reasonably describe the records sought; GSA acknowledges receipt and assigns a tracking number; for records of particular public interest (federal contract awards, building leases, IT procurement data), GSA's FOIA office handles substantial volume from industry, media, and government accountability organizations
  • § 105-60.105 — Time limits: GSA must respond within 20 working days; unusual circumstances (large volume, multi-office searches, consultation with other agencies) may extend the deadline; GSA must notify the requester of any extension and the expected completion date
  • § 105-60.106 — Expedited processing: requesters who demonstrate a compelling need (imminent threat to life or physical safety, or urgency to inform the public about actual or alleged federal government activity) may request expedited processing; GSA must decide on the request for expedition within 10 calendar days
  • § 105-60.107 — Fee categories: commercial use requesters pay for search, duplication, and review; educational institutions, scientific institutions, and news media pay only for duplication; all other requesters receive two hours of free search and 100 free pages, then pay search and duplication fees; GSA waives all fees when disclosure would contribute significantly to public understanding of government operations
  • § 105-60.109 — Exemptions: GSA applies the nine standard FOIA exemptions; most frequently invoked in GSA records are Exemption 4 (contractor commercial information in procurement records), Exemption 5 (deliberative process in contracting decisions), and Exemption 6 (personal privacy in personnel files)

  GSA holds records of outsized practical significance: federal supply schedules (the contract vehicles through which the government buys billions in commercial products and services), federal property disposal records, prospectus documents for major construction and renovation projects, and interagency service agreements. The Federal Acquisition Regulation (48 CFR Chapter 1) and GSA's procurement policies mean that contract awards, technical evaluation materials, and contract pricing data are frequent FOIA subjects — balancing the public's interest in how taxpayer money is spent against contractors' interests in protecting proprietary pricing information under Exemption 4.

How It Works

FOIA is the law that gives the public the right to request access to records from any federal executive branch agency. Enacted in 1966, it operates on the presumption that government information belongs to the people — agencies must disclose records unless one of nine specific exemptions applies.

FOIA operates on a simple premise: any person — U.S. citizen or not, individual or corporation — can file a written request with any federal executive agency for records it holds, without explaining why. Agencies must respond within 20 business days, though backlogs at popular agencies (FBI, DHS, State Department) routinely stretch responses to months or years. Nine statutory exemptions permit withholding: (1) classified national security information; (2) internal agency personnel rules; (3) information exempt under other statutes; (4) trade secrets and confidential commercial information; (5) inter-agency deliberative process privileged memoranda; (6) personal privacy (personnel, medical files); (7) law enforcement records that could cause specified harms; (8) financial institution examination reports; and (9) geological well data. Exemptions are discretionary — agencies can release exempt material — and must disclose any reasonably segregable non-exempt portions of otherwise withheld records. Fees depend on requester category: commercial requesters pay for search, review, and duplication; educational/scientific institutions and news media pay only for duplication; all others get the first two hours of search and 100 pages free.

Two companion statutes complete the transparency framework. The Privacy Act (5 U.S.C. § 552a) — unlike FOIA, limited to U.S. citizens and lawful permanent residents — gives individuals the right to access and correct their own records maintained by federal agencies, and restricts how agencies collect, maintain, use, and disclose personal information; filing a request under both FOIA and the Privacy Act simultaneously maximizes what you receive. The Administrative Procedure Act (5 U.S.C. § 553) requires agencies to publish proposed rules in the Federal Register and accept public comments before finalizing regulations — the "notice-and-comment" process that ensures public participation in rulemaking. The FOIA Improvement Act of 2016 strengthened disclosure by codifying a "foreseeable harm" standard: agencies must show that disclosure would cause specific identifiable harm before invoking an exemption, not merely that information technically falls within one.

How It Affects You

If you want to request government records: Anyone can file a FOIA request with any federal executive agency — no explanation required, no citizenship requirement. Before sending a request, check the agency's FOIA Reading Room (every agency must maintain one under § 552(a)(2)) — frequently requested records are often already posted there. If the record isn't in the reading room, submit your request in writing to the agency's designated FOIA office. Most agencies now have online portals (FOIA.gov has a centralized portal for many agencies, or go directly to the agency website). Be specific: a vague request for "all records about Topic X" generates delays and vague responses. A targeted request — naming specific date ranges, program names, document types, officials involved — moves faster. Include your contact information and state the fee category you believe you fall into (most individual requesters get the first 2 hours of search time and 100 pages free). The agency has 20 business days to respond — though most high-volume agencies (FBI, DHS, State) routinely take months to years. If you need records urgently, request expedited processing in your letter by explaining "urgency to inform the public about federal government activity" or imminent threat to life/safety — agencies must respond to expedited processing requests within 10 calendar days.

If your FOIA request is delayed or denied: Inaction is technically a denial you can appeal. After the 20-business-day deadline passes with no substantive response, you can file an administrative appeal citing constructive denial — this often prompts faster movement. If the agency explicitly denies your request (citing exemptions), you have the right to appeal to the agency head within the time specified in the denial letter (usually 90 days). The appeal is free. Many denials are overturned on appeal when the requester explains why an exemption doesn't apply or proposes the agency release non-exempt portions. If the agency appeal fails, you can sue in federal district court — the judge reviews withholding decisions de novo (fresh, not just for abuse of discretion), meaning the agency must justify every redaction. If you substantially prevail in court, the agency must pay your attorney's fees and litigation costs. For complex disputes, the Office of Government Information Services (OGIS) at NARA offers free mediation between requesters and agencies — often more practical than litigation.

If you're a journalist, researcher, or nonprofit: Your requester category affects fees significantly. News media requesters (including freelancers with a track record of publication) pay only for duplication — search and review are free — and are entitled to fee waivers when "disclosure is likely to contribute significantly to public understanding of government operations." Educational/scientific institutions pay only duplication fees. Fee waiver requests must explain what public benefit the disclosure serves. Expedited processing is also available to media requesters when there's urgent public need. The FOIA Improvement Act of 2016 codified a "foreseeable harm" standard — agencies must show that disclosure would cause specific identifiable harm before withholding under Exemptions 5 (deliberative process) or others — strengthening your case if an agency invokes boilerplate exemption language.

If you're trying to obtain records about yourself: FOIA and the Privacy Act work in tandem. File your request under both statutes to maximize what you receive — state explicitly that you are requesting access under both 5 U.S.C. § 552 and 5 U.S.C. § 552a. Under FOIA alone, agencies can invoke privacy exemptions (Exemption 6) to withhold your own records when requested by third parties — but your Privacy Act rights give you access to your own records directly. For records about yourself held by the FBI, DHS, or law enforcement agencies, expect significant redactions under Exemption 7 (law enforcement) — appeal if the agency applies exemptions broadly without specific harm justification. If you're challenging government action that affected you (denial of a benefit, enforcement action, security clearance revocation), obtaining the underlying agency records through FOIA/Privacy Act is often a critical first step.

If you want to participate in agency rulemaking (related APA right): When an agency proposes a regulation, the APA (5 U.S.C. § 553) requires a public comment period — typically 30–60 days, announced in the Federal Register and at Regulations.gov. Anyone can submit a comment; there's no credential requirement. Comments become part of the official administrative record the agency must consider and respond to when it finalizes the rule. A substantive comment that identifies factual errors, identifies affected parties the agency didn't consider, or proposes alternatives can materially influence the final rule — and failure to respond to significant comments is grounds for a court to vacate the rule. Subscribe to agency notification systems at Regulations.gov to track rules in your area of interest.

State Variations

FOIA applies only to federal agencies. Every state has its own public records law (often called "sunshine laws" or "open records acts") with different exemptions, timelines, and fee structures. Some states are more open than others — Texas and Florida have particularly broad public access laws; some states have more restrictive exemptions for law enforcement and personnel records.

Pending Legislation

• HR 7508 — Financial Disclosure Modernization Act: creates tiered reporting thresholds for large financial holdings. Status: Introduced.
• S 3827 — Financial Disclosure Modernization Act (Senate companion). Status: Introduced.

Recent Developments

FOIA request volumes have grown steadily, with federal agencies receiving over 900,000 requests annually. Agency backlogs remain a persistent problem, particularly at DHS, DOJ, and the State Department. Inspectors General often rely on FOIA-adjacent authorities to access agency records for oversight. The FOIA Improvement Act of 2016 codified a "presumption of openness" and required agencies to proactively disclose records that have been requested three or more times. Technology modernization — including AI-assisted document review and improved online portals — has been a focus of recent reform efforts.

• In March 2026, the Defense Nuclear Facilities Safety Board finalized amendments to its FOIA regulations after receiving no public comments on its November 2025 proposed rule.
• DOGE and FOIA opacity (2025): DOGE's operations across federal agencies have prompted a surge of FOIA requests from journalists, nonprofits, and congressional offices seeking records of agency access, staffing decisions, and data system activity. Agencies have responded with lengthy processing delays, broad Exemption 5 (deliberative process privilege) withholding claims, and disputes over whether DOGE "records" constitute agency records subject to FOIA. Courts have begun ordering DOGE-related disclosures; the litigation is among the most active FOIA enforcement in decades.
• Exemption 6/7 and immigration enforcement records: DHS FOIA backlogs reached record levels in 2025 as requests for ICE enforcement records, immigration court data, and detention facility inspections surged. DHS invoked personal privacy (Exemption 6) and law enforcement (Exemption 7) exemptions broadly. Several federal courts issued orders compelling DHS to accelerate production or narrow withholding claims. FOIA has become a primary transparency mechanism for oversight of immigration enforcement operations.
• Presidential records and FOIA gap: Presidential and Vice Presidential records are governed by the Presidential Records Act (PRA), not FOIA — they cannot be requested under FOIA during or after an administration until released under PRA's own schedule. The Trump administration's use of Signal (a disappearing-message app) for official communications — exemplified by the "Signalgate" episode involving National Security Advisor Waltz — raised concerns about PRA compliance and whether those communications would ever be subject to any public disclosure.
• AI and FOIA processing: Multiple agencies are piloting AI-assisted FOIA review to address backlogs — using machine learning to identify responsive documents, apply exemptions, and redact personal information. NARA and DOJ OIPP issued guidance on acceptable AI use in FOIA processing. Privacy advocates have raised concerns about AI over-redaction and the difficulty of appealing AI-generated withholding decisions.