What Is FOIA? FAQs - How Does FOIA Work?

How Does FOIA Work?
Section 552 (a) of FOIA directs government agencies to disclose certain types of records and describes the manner of disclosure required.

Subsection (a) (1) lists records that must be published in the Federal Register. These include -

Description of the agency's organizational structure - central office and field offices

Description of the procedures that are set up to give the public access to the agency records - including where the records are located and the name of the custodian of the records

General description of how the agency functions and its decision-making process

The agency's rules of procedure - including a description of agency forms and where you can get them

The agency's general policies

Subsection (1) (2) lists records that must be made available for public inspection and copying -

Final decisions in particular administrative cases

Policy statements that the agency uses, but hasn't published in the Federal Register

Internal manuals written for the agency's staff that affect members of the public

An index of the kinds of information that must be made public

Subsection (1) (3) contains a catch-all provision requiring disclosure of records not covered by (a) (1) or (a) (2). Courts have held that these provisions are to be interpreted broadly to achieve Congress' goal of full disclosure.

What is the Privacy Act? >