What does the Freedom of Information Act require of federal agencies?
The Freedom of Information Act (FOIA) requires federal agencies to publish certain information about their organization, rules, procedures, and operations, participate in Freedom of Information (FOI) training programs, and appoint a Chief FOIA Officer.
Additionally, the FOIA requires federal agencies to provide access to records, upon request, to any person, organization, or entity, unless the requested information falls under one of nine exemptions. The agencies must respond to FOIA requests within specific timeframes and provide the requested information, or justify the denial of access, citing the applicable exemption. They are also required to disclose the existence of requested records, even if they are not released.
Federal agencies must proactively disclose certain types of information, such as final opinions and orders, frequently requested records, and certain categories of records that have been released under FOIA and are likely to be requested again. These agencies are also encouraged to establish electronic reading rooms, which provide a publicly accessible online database of released records.
To ensure compliance, federal agencies are required to report annually on their FOIA activities, including the number of requests received, processed, and denied, as well as details about the exemptions used and any litigation related to FOIA requests.