Foia: A Law's Journey And Legacy

The Freedom of Information Act (FOIA) was enacted in 1966 and came into effect on July 5, 1967. It grants the public the right to request access to records from any federal agency, with some exemptions. FOIA was introduced to increase government transparency and ensure an informed citizenry, allowing citizens to know what their Government is up to. The law was championed by Democratic Congressman John Moss from California in 1955, after a series of Cold War-era proposals led to increased government secrecy.

The Freedom of Information Act (FOIA) was enacted in 1966

FOIA was championed by Democratic Congressman John Moss from California in 1955 after a series of Cold War-era proposals led to a steep rise in government secrecy. Moss found support from journalists and newspaper editors, but he struggled to find Republican co-sponsors. It wasn't until the Kennedy and Johnson administrations that Moss gained support from a young Representative named Donald Rumsfeld.

Despite opposition from President Lyndon B. Johnson, who believed that certain types of unclassified government information should remain secret, the bill passed with a vote of 307-0. On July 4, 1966, Johnson signed the bill into law without a public event, instead issuing a signing statement that focused on exemptions and room for interpretation.

The 1966 bill was a significant step towards government transparency, but it lacked the necessary provisions to force government agencies to comply. It wasn't until 1974, after the Watergate scandal, that Congress amended FOIA to include requirements, timeframes, sanctions for wrongly withheld information, and language waiving fees for journalists and public interest groups.

Since its enactment, FOIA has been amended several times to balance the public's right to know with the government's need to protect certain information. Today, FOIA is recognized as one of the most important legal tools citizens and reporters have for furthering government transparency and accountability in the United States.

FOIA came into effect on July 5, 1967

The Freedom of Information Act (FOIA) came into effect on July 5, 1967, a year after it was enacted on July 4, 1966.

The law was championed by Democratic Congressman John Moss from California in 1955 after a series of Cold War-era proposals led to a steep rise in government secrecy. Moss found support from journalists and newspaper editors, but his bill was opposed by every federal agency and department, including President Lyndon B. Johnson.

Despite his misgivings, Johnson signed the bill into law on July 4, 1966, but he did not hold a public event to mark the occasion, as he did for other major bills. In his signing statement, Johnson focused on exemptions and national security. However, the final sentence of his statement has endured: "I sign this measure with a deep sense of pride that the United States is an open society."

The FOIA grants the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens informed about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions, which protect interests such as personal privacy, national security, and law enforcement.

The FOIA also requires agencies to proactively post certain categories of information online, including frequently requested records. The law established a statutory right of public access to Executive Branch information in the federal government.

FOIA applies to records created by federal agencies

The Freedom of Information Act (FOIA) was enacted in 1966 and came into effect on July 5, 1967. It provides the public with the right to request access to records from any federal agency. This means that any person, regardless of citizenship, can request access to records, and federal agencies are required to disclose any information unless it falls under one of nine exemptions. These exemptions protect interests such as personal privacy, national security, and law enforcement.

The nine exemptions under FOIA include:

• Information classified to protect national security.
• Information related solely to internal personnel rules and practices of an agency.
• Information prohibited from disclosure by another federal law.
• Trade secrets or confidential commercial or financial information.
• Privileged communications within or between agencies, including those protected by deliberative process privilege, attorney-work product privilege, and attorney-client privilege.
• Information that, if disclosed, would invade an individual's personal privacy.
• Information compiled for law enforcement purposes that could interfere with proceedings, deprive a person of a fair trial, invade privacy, disclose confidential sources, disclose techniques, or endanger an individual's life or safety.
• Information concerning the supervision of financial institutions.
• Geological information on wells.

FOIA also requires agencies to proactively post certain categories of information online, including frequently requested records. This promotes transparency and accountability in the government.

FOIA does not cover records held by Congress, the courts, or state and local government agencies

The Freedom of Information Act (FOIA) was enacted in 1966 and came into effect on July 5, 1967. It established a statutory right of public access to Executive Branch information in the federal government.

The FOIA was created to ensure an informed citizenry, which is vital to the functioning of a democratic society. It is often described as a means for citizens to know what their government is doing. As President Obama declared, "democracy requires accountability, and accountability requires transparency."

While FOIA does not cover records held by state and local governments, all state governments have their own FOIA-type statutes. This means that citizens can still request access to records at the state and local levels, but the process may differ from the federal FOIA process.

It is important to note that the FOIA also does not require state or local governments or private organizations to release records directly to the public, even if those records have been submitted to the federal government. However, records submitted to the federal government by such organizations may be available through a FOIA request if they are not protected by a FOIA exemption.

FOIA has been amended multiple times

The Freedom of Information Act (FOIA) has been amended multiple times since it was signed into law on July 4, 1966. The first amendment came in 1974, following the Watergate scandal, which saw Congress introduce new requirements, timeframes, sanctions for wrongly withheld information, and language waiving fees for journalists and public interest groups.

In 1976, FOIA was amended again through the Government in the Sunshine Act to clarify terms and exemptions. This was followed by the Anti-Drug Abuse Act of 1986, which addressed the fees charged by different categories of requesters and the scope of access to law enforcement and national security records.

In 1996, President Clinton signed the Electronic Freedom of Information Act Amendments, requiring agencies to make documents available in electronic formats and extending the response timeframe from 10 to 20 days.

In 2001, President George W. Bush issued Executive Order 13233, which restricted access to former presidential records. However, this order was revoked in 2009 by President Obama, who restored public access to presidential records.

In 2002, the Intelligence Authorization Act amended FOIA to limit access to governmental records from foreign governments.

The OPEN Government Act of 2007 extended crucial services to alternative journalists and bloggers, defining them as members of the news media. It also established the Office of Government Information Services, which oversees government compliance with FOIA.

The FOIA Improvement Act of 2016 contained modest reforms, including codifying the Obama administration's "presumption of disclosure," which limits agency discretion to withhold records. The law also required federal agencies to create a central online portal for anyone to file a request with any government agency.

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