Before 1966, little public right to inspect government records or to observe government hearings existed. This changed with the passage of the Freedom of Information Act (FOIA) in 1966. Today, the FOIA has been added to the APA section of the United States Code. There have been several changes to the FOIA, the most recent occurring through the FOIA Improvement Act of 2016. The FOIA’s purpose is to make information held by the government available to the public:

Be aware that each state has its own open government laws. They vary considerably in what records can be obtained and by whom and what meetings must be public. The volume of requests for information under the FOIA is staggering. In 2011 alone, 644,165 requests were submitted. The Department of Homeland Security received the greater number, 27 percent of the total. In some instances, agencies are required to publish specific information in the Federal Register.

Parties dealing with an agency are not bound, nor may they be adversely affected, by any information or rule for which the publication requirement was not met unless the party receives actual and timely notice of the information or rule. The second form of disclosure entails making information available for public inspection and copying. The first two requirements direct agencies to take affirmative steps toward disclosure before any request is made.