"A popular Government without popular information or the means of acquiring it, is but a Prologue to a Farce or a Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors, must arm themselves with the power knowledge gives." -- James Madison

The Freedom of Information Act (FOIA), Title 5, United States Code, Section 552, was signed into law on July 4, 1966, by President Lyndon Johnson. The FOIA has since been amended in 1974, 1986, and most recently, with the Electronic Freedom of Information Act Amendments of 1996.

Lyndon Johnson pronounced in his statement issued at the time he signed the FOIA into law, "This legislation springs from one of our most essential principles: a democracy works best when the people have all the information that the security of the Nation permits."

The FOIA establishes the premise that government information should be accessible to the people. Before the FOIA was signed in 1966, the burden was on the requester to demonstrate a need to know, and there were no judicial remedies for those denied access. With the passage of the FOIA, the standard of a need to know has become a right to know, and the burden has shifted to the government to prove why records should not be disclosed. Judicial remedies are also provided.

The FOIA applies to documents held by agencies in the executive branch of the federal government, such as the U.S. Department of Energy (DOE). The FOIA does not apply to Congress or the judicial branch, nor does it apply to records of state or local governments. However, many state governments have their own open records laws. You may request information about a state's laws by writing the attorney general of the state.

The FOIA requires that certain information, such as descriptions of agency organization and office addresses, statements of agency operations, rules of procedures, general policy statements, final opinions made in the adjudication of cases, and administrative staff manuals that affect the public must be made available for inspection by the general public. This is accomplished through the use of public reading rooms.

All other agency records may be requested under the FOIA, regardless of the format of the record (i.e., electronic records, photographs, videos, tape recordings, etc.). The FOIA requires that a requester ask for documents, not information. This means that an agency need only look for an existing document, not create documents or answer questions in response to FOIA requests.

Although the FOIA is primarily a disclosure law, not all documents requested under the FOIA are automatically released. There are nine exemptions under which records may be withheld from public inspection. Records may be withheld under the FOIA if they are:

1. Properly classified in the interest of national defense or foreign policy
2. Related solely to internal personnel rules and practices
3. Specifically mandated to be withheld from public release by other statutes
4. Trade secrets and commercial or financial information which is obtained from a person and is privileged or confidential
5. Inter-agency or intra-agency memoranda or letters, attorney-client privileged information, or attorney work product
6. Personnel and medical files and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy
7. Investigatory records or information compiled for law enforcement purposes, the release of which (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose investigative techniques, and/or (F) could reasonably be expected to endanger the life or physical safety of any individual
8. Information contained in or related to certain examination, operating, or condition reports concerning financial institutions
9. Certain information concerning gas or oil wells.

All requests made pursuant to the FOIA become a matter of public record, with personal information about requesters deleted. Requests for classified records, including requests for mandatory review pursuant to Executive Order 12598, will automatically be considered a FOIA request. The DOE Director of the Office of Nuclear and National Security Information in Washington, D.C., is responsible for the release determination of any classified records that are identified as responsive to FOIA requests.

The adequacy of search for documents, the partial or full denial of documents, and fees assessed may be appealed. Such appeals must be made in writing, within 30 days of receipt of the denial letter, to the following address:

Judicial review will thereafter be available within the district in which the requester resides or has their principal place of business, in which the Department’s records are situated, or in the District of Columbia.

The FOIA mandates a response within 20 days of receipt of a request (excluding weekends and federal holidays). The RL/ORP Office strives to meet this processing time frame; however, due to voluminous requests, and classification and legal reviews, some requests may take a longer period of time to complete.