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               Researh Sevice






Sunshine Week: Selected Issues for Congress



March 13, 2020
Coinciding with former President James Madison's birthday, Sunshine Week recognizes the importance
of transparency in government operations, and the work of Freedom of Information Act (FOIA; 5 U.S.C.
§552) professionals across the federal government. Considered a defender of open government, Madison
wrote, 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 the
people who mean to be their own Governors, must arm themselves with the power, which knowledge
gives.
Recognition of the people's right to know what their government is doing through access to government
information can be traced back to the early days of the nation; however, modem statutes provide guidance
on how the public may access government information. One critical statute, which is celebrated alongside
Madison's legacy during Sunshine Week, is FOIA. This Insight provides a brief summary of FOIA and its
administration, and then provides an overview of selected issues relating to FOIA that may be of interest
to Congress.

The Freedom of Information Act
The Freedom of Information Act established a statutory presumption of public access to information held
by executive branch agencies. Enacted in 1966, FOIA generally allows any person-individual or
corporate, U.S. citizen or not-to request and obtain, without explanation or justification, existing and
identifiable agency records on any topic. Under FOIA, the burden of proof to access government
information shifted from a requester's need to know to a right to know doctrine. FOIA includes a
series of exemptions from disclosure of certain categories of information. Since 2016, agencies may not
withhold information under one of the statute's nine exemptions, unless the disclosure would violate the
law or the agency reasonably foresees that disclosure would harn an interest covered by an exemption.
FOIA is a tool of inquiry and information gathering for various individuals and sectors-including the
media, businesses, scholars, attorneys, consumers, and activists. Agency responses to FOIA requests may
involve a few sheets of paper, several stacks of records, or information in an electronic format.
Assembling responses requires staff time to search for records and make duplicates, among other resource
commitments. Agency information management professionals are responsible for efficiently and
economically responding to, or denying, FOIA requests.


                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN11237

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