Basics: Agencies Subject to FOIA

Most federal executive branch agencies and entities are subject to FOIA.

FOIA does not apply to Congress, the federal courts, private corporations or federally funded state agencies. The federal FOIA also does not apply to state or local governments. All states have their own “open records” laws that provide access to state and local records.

Not all entities that receive federal funds are covered by FOIA. For example, entities such as the Corporation for Public Broadcasting and the American Red Cross — both of which receive federal funds but are neither chartered nor controlled by the federal government — are not covered.

The Supreme Court also has ruled that a private organization that is established for the sole purpose of carrying out government research contracts and is totally funded by the federal government is not automatically an “agency” subject to FOIA. However, some entities that receive federal funds but are not subject to FOIA, such as the Smithsonian Institution, voluntarily adopt disclosure policies very similar to FOIA. While asserting its need to protect certain financial and donor data through exemptions that are broader than the Act’s, the Smithsonian has adopted the presumption of disclosure present in FOIA and many other provisions in the law.

For more detailed information, see Entities Subject to FOIA.