{
  "id": "R46238",
  "type": "CRS Report",
  "typeId": "R",
  "number": "R46238",
  "active": true,
  "source": "CRSReports.Congress.gov, EveryCRSReport.com",
  "versions": [
    {
      "source": "CRSReports.Congress.gov",
      "type": "CRS Report",
      "active": true,
      "date": "2020-08-24",
      "source_dir": "crsreports.congress.gov",
      "typeId": "R",
      "retrieved": "2020-09-07T12:21:52.196213",
      "title": "The Freedom of Information Act (FOIA): A Legal Overview",
      "formats": [
        {
          "format": "PDF",
          "url": "https://crsreports.congress.gov/product/pdf/R/R46238/3",
          "sha1": "efe072b255657d22827593e912c81b09d973c1a1",
          "filename": "files/2020-08-24_R46238_efe072b255657d22827593e912c81b09d973c1a1.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/2020-08-24_R46238_efe072b255657d22827593e912c81b09d973c1a1.html"
        }
      ],
      "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R46238",
      "id": "R46238_3_2020-08-24",
      "summary": null
    },
    {
      "source": "EveryCRSReport.com",
      "id": 617862,
      "date": "2020-02-24",
      "retrieved": "2020-02-25T23:16:25.602369",
      "title": "The Freedom of Information Act (FOIA): A Legal Overview",
      "summary": "Originally enacted in 1966, the Freedom of Information Act (FOIA) establishes a three-part system that requires federal agencies to disclose a large swath of government information to the public. First, FOIA directs agencies to publish substantive and procedural rules, along with certain other important government materials, in the Federal Register. Second, on a proactive basis, agencies must electronically disclose a separate set of information that consists of, among other things, final adjudicative opinions and certain \u201cfrequently requested\u201d records. And lastly, FOIA requires agencies to disclose all covered records not made available pursuant to the aforementioned affirmative disclosure provisions to individuals, corporations, and others upon request. \nWhile FOIA\u2019s main purpose is to inform the public of the operations of the federal government, the act\u2019s drafters also sought to protect certain private and governmental interests from the law\u2019s disclosure obligations. FOIA, therefore, contains nine enumerated exemptions from disclosure that permit\u2014but they do not require\u2014agencies to withhold a range of information, including certain classified national security matters, confidential financial information, law enforcement records, and a variety of materials and types of information exempted by other statutes. And FOIA contains three \u201cexclusions\u201d that authorize agencies to treat certain law enforcement records as if they do not fall within FOIA\u2019s coverage.\nFOIA also authorizes requesters to seek judicial review of an agency\u2019s decision to withhold records. Federal district courts may \u201cenjoin [an] agency from withholding agency records\u201d and \u201corder the production of any agency records improperly withheld.\u201d Judicial decisions\u2014including Supreme Court decisions\u2014have often informed or provided the impetus for congressional amendments to FOIA.\nAlthough Congress is not subject to FOIA, the act may inform communications between the legislative branch and FOIA-covered entities. Under 5 U.S.C. \u00a7 552(d), an agency may not \u201cwithhold information from Congress\u201d on the basis that such information is covered by a FOIA exemption (although the provision does not dictate whether another source of law, such as executive privilege, may shield information from disclosure). The executive branch has interpreted this provision to apply to each house of Congress and congressional committees, but generally not to individual Members, whose requests for information are generally treated as subject to the same FOIA rules as requests from the public. This interpretation is not uniformly shared, with at least one federal appellate court interpreting \u00a7 552(d) as applying to individual Members acting in their official capacities. In addition, although Congress is under no obligation to disclose its materials pursuant to FOIA, whether a congressional document possessed by an agency is subject to FOIA depends on whether Congress clearly expressed its intention to retain control over the specific document.\nLastly, although FOIA is the primary statutory mechanism by which the public may gain access to federal government records and information, other laws\u2014specifically the Federal Advisory Committee Act, Government in the Sunshine Act, and Privacy Act\u2014also set forth rights and limitations on the public\u2019s access to government information or activities.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": true,
      "formats": [
        {
          "format": "HTML",
          "encoding": "utf-8",
          "url": "https://www.crs.gov/Reports/R46238",
          "sha1": "4d7f7b825d49636af79c4af3303e3875a9d5abf9",
          "filename": "files/20200224_R46238_4d7f7b825d49636af79c4af3303e3875a9d5abf9.html",
          "images": {}
        },
        {
          "format": "PDF",
          "encoding": null,
          "url": "https://www.crs.gov/Reports/pdf/R46238",
          "sha1": "76232c6d3e2dba4da6b42fbe73bc871dc4e9dcf6",
          "filename": "files/20200224_R46238_76232c6d3e2dba4da6b42fbe73bc871dc4e9dcf6.pdf",
          "images": {}
        }
      ],
      "topics": [
        {
          "source": "IBCList",
          "id": 4930,
          "name": "Government Information"
        }
      ]
    }
  ],
  "topics": [
    "American Law",
    "Foreign Affairs",
    "National Defense"
  ]
}