The Freedom of
Information Act (FOIA), which can be found in Title 5 of
the United States Code, section 552, was enacted in 1966
and provides that any person has the right to request access
to federal agency records or information. All agencies
of the United States government are required to disclose
records upon receiving a written request for them, except
for those records that are protected from disclosure by the
nine exemptions and three exclusions of the FOIA. The
right of access is enforceable in court. The federal
FOIA does not, however, provide a right of access to records
held by Congress, the courts, state or local government agencies,
or by private businesses or individuals. All states
have their own statutes governing public access to state
and local records and state authorities should be consulted
for further information about them.
History
The Act was signed into
law on July 4, 1966, by President Lyndon Johnson. The
law is based on the presumption that the government
and government information belongs to the people. Since
FOIA became Public Law 89-487, the Act has undergone
changes, notably in 1974 and again in 1976 when changes
were made in response to a Supreme Court decision.
There have been several attempts in recent years to
change the language of the Act to reflect changes in
technology and the Federal Government's increasing
reliance on computers for records creation, dissemination,
and storage. However, none of these proposed changes
have become law.
The FOIA Act allows the public to request copies of records
in the possession of federal agencies. The requested
records are released unless the record falls into one
of the nine exemptions set forth under the Act (e.g.,
personal privacy, confidential business information,
etc.). However, BPA is required to provide the fullest
possible disclosure of information to the public.
According to federal
regulations, requests for records to BPA must be submitted in
writing to the Freedom of Information
Officer. Any request submitted to any other program
office is considered "misdirected" and may
result in a delayed reply. BPA is allowed to charge
fees to requesters in order to recover the direct costs
of search, duplication, and review of requested records.
For more information, review the FOIA
How To section. If the total cost of the requested
information is less than $____, the fees are waived.
In some cases, fee waivers or reduction of fees are
granted in the public interest, but must be requested
and justified by supporting documentation. |
Public Involvement
