The Law on Paper
Estimated reading time: 4 minutes
What the Statute Requires
The Freedom of Information Act, enacted in 1966 and codified at 5 U.S.C. § 552, establishes a statutory right of access to federal agency records. The law presumes disclosure. It places the burden of justification on the government, not the requester.
FOIA operates on a principle of equality: any person may request records from any federal agency. The statute makes no distinction between journalists and citizens, organizations and individuals, those with legal standing and those without. Access does not depend on need, purpose, or affiliation.
The law requires agencies to respond within twenty working days. It permits limited extensions under specific circumstances. It defines nine exemptions that allow agencies to withhold certain categories of records. Outside those exemptions, disclosure is mandatory.
FOIA is not discretionary. It is not a favor. It is a legal obligation.
The Statutory Framework
Under FOIA, agencies must:
Acknowledge requests promptly. The twenty-day clock begins on receipt. Agencies determine what constitutes receipt, but the statute requires a response within the timeframe.
Make reasonable efforts to search for records. Agencies must describe the scope of their search and explain why records were not located if none are found.
Invoke exemptions with specificity. Withholding information requires citation to one of the nine statutory exemptions and a reasonable explanation of why the exemption applies.
Provide an administrative appeal process. Requesters who disagree with an agency’s response may appeal internally before seeking judicial review.
Respond to appeals within twenty working days. The same deadline that applies to initial requests applies to appeals.
These requirements are not suggested practices. They are codified obligations.
The Design Intent
FOIA was designed to correct a power imbalance. Prior to its passage, federal agencies-controlled access to their own records with no legal obligation to disclose. The public had no right to demand transparency. Agencies operated in administrative darkness.
The law inverted that structure. It made transparency the default and secrecy the exception. It gave the public leverage.
FOIA does not require requesters to explain why they want records. It does not allow agencies to deny requests based on subjective judgments about merit or motive. The law treats a request from a major newsroom the same as a request from an individual with no institutional backing.
That equality is foundational. Without it, FOIA becomes a privilege rather than a right.
Transparency as a Legal Standard
The statute’s language reflects its intent. FOIA uses the term “shall” rather than “may.” Agencies shall make records available. Agencies shall respond within the statutory timeframe. Agencies shall provide indexes of withheld material.
The law does not provide agencies with flexibility to ignore requests. It provides them with limited authority to delay or withhold under defined circumstances. Those circumstances must be justified.
In theory, FOIA creates a system of mutual obligation. Requesters follow the procedural requirements of filing. Agencies follow the procedural requirements of responding. Both parties operate under the same statutory authority.
That is the design.
What the Law Does Not Say
FOIA does not authorize agencies to indefinitely delay responses without consequence. It does not permit them to close requests without explanation. It does not allow them to redefine deadlines administratively or ignore the twenty-day requirement as a guideline rather than a mandate.
The statute anticipates delay only under “unusual circumstances,” which must be documented and explained. Even then, the agency must notify the requester and provide an estimated completion date.
FOIA does not create two classes of requesters. It does not allow agencies to prioritize responses based on the identity or perceived importance of the person making the request. The law applies uniformly.
Or it is supposed to.
The Promise
FOIA establishes a clear contract: the government will provide access to its records unless a specific, legally defined reason exists not to. Requesters will receive timely responses. Agencies will bear the burden of justifying secrecy.
Transparency is not a courtesy. It is a statutory entitlement.
This is what FOIA guarantees on paper. The following sections examine what it delivers in practice.