Freedom of Information Act (FOIA) (1966)

1) Link to the Text of the Act
Read the statute (5 U.S.C. § 552)

2) Why It Was Done
FOIA was enacted to guarantee public access to federal agency records, promoting government transparency and accountability.

3) Pre-existing Law or Constitutional Rights
The 1946 Administrative Procedure Act had a limited “public information” requirement but lacked enforceable rights. FOIA gave citizens the ability to compel disclosure through courts.

4) Overreach or Proper Role?
Supporters call it essential for democracy. Critics argue compliance is costly and burdensome, especially with sensitive or classified information. The balance between transparency and security remains contested.

5) Who or What It Controls

• All federal executive agencies (cabinet departments, independent agencies)
• Not Congress or federal courts

6) Key Sections / Citations

• 5 U.S.C. § 552

7) Recent Changes or Live Controversies

• 2016 FOIA Improvement Act added the “foreseeable harm” standard and e-reading room requirements
• Persistent issues: large backlogs, delays, and disputes over exemptions (national security, law enforcement, deliberative process)

8) Official Sources

• U.S. Code – 5 U.S.C. § 552
• FOIA.gov – Official Government Portal
• DOJ Office of Information Policy

• Transparency
• Open Government
• Civil Rights
• Citizens