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Freedom of Information Act of 1966

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Freedom of Information Act of 1966
ShorttitleFreedom of Information Act of 1966
LongtitleAn Act to amend section 3 of the Administrative Procedure Act, chapter 324, of the Act of June 11, 1946
Enactedby89th United States Congress
Citations5 U.S.C. § 552
EffectiveJuly 4, 1967

Freedom of Information Act of 1966 is a federal law that allows United States citizens to access Federal Bureau of Investigation and other United States Department of Justice records, as well as those of other federal agencies, such as the Central Intelligence Agency and the National Security Agency. The law was signed by President Lyndon B. Johnson on July 4, 1966, and went into effect on July 4, 1967, with the aim of increasing transparency and accountability in the United States federal government, as advocated by John F. Kennedy and Hubert Humphrey. This legislation has been influential in shaping the information policies of other countries, including Canada, Australia, and the United Kingdom, and has been cited by Supreme Court of the United States justices, such as William O. Douglas and Potter Stewart.

Introduction

The Freedom of Information Act of 1966 was a response to the growing demand for greater transparency and accountability in the United States federal government, as highlighted by Watergate scandal investigators, including Archibald Cox and Sam Ervin. The law was championed by Congressman John Moss and Senator Edward Long, who were influenced by the First Amendment and the Fourth Amendment to the United States Constitution, as interpreted by Supreme Court of the United States justices, such as Hugo Black and William Brennan. The Freedom of Information Act of 1966 has been used by journalists, including Bob Woodward and Carl Bernstein, and historians, such as Doris Kearns Goodwin and Arthur Schlesinger Jr., to uncover important information about the United States government, including the Pentagon Papers and the Iran-Contra affair.

Legislative History

The legislative history of the Freedom of Information Act of 1966 began in the early 1950s, when Congressman John Moss started to investigate the Secrecy of the United States federal government, with the support of Senator Hubert Humphrey and Representative Emanuel Celler. The bill was introduced in Congress in 1955, but it faced significant opposition from Federal Bureau of Investigation Director J. Edgar Hoover and other government agencies, including the Central Intelligence Agency and the National Security Agency. The bill was finally passed by the 89th United States Congress in 1966, with the support of President Lyndon B. Johnson and Attorney General Nicholas Katzenbach, and was influenced by the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Provisions and Amendments

The Freedom of Information Act of 1966 provides that any person has the right to request access to federal agency records, unless the records are exempt from disclosure under one of the nine exemptions, as outlined by Justice Department officials, including Attorney General Elliot Richardson and Solicitor General Robert Bork. The law also requires that federal agencies respond to requests within a certain timeframe, as mandated by the Administrative Procedure Act, and that they provide a reasonable estimate of the cost of fulfilling the request, as determined by the Office of Management and Budget. The law has been amended several times, including in 1974, 1986, and 1996, with the support of Congressman Patricia Schroeder and Senator Patrick Leahy, to expand the scope of the law and to increase the penalties for non-compliance, as recommended by the American Civil Liberties Union and the National Press Club.

Implementation and Impact

The implementation of the Freedom of Information Act of 1966 has been overseen by the Office of Information and Privacy, which is part of the United States Department of Justice, and has been influenced by the Federal Bureau of Investigation and the Central Intelligence Agency. The law has had a significant impact on the United States government, as it has allowed citizens to access information about government agencies and their activities, including the Pentagon Papers and the Iran-Contra affair, as reported by The New York Times and The Washington Post. The law has also been used by journalists and historians to uncover important information about the United States government, including the Watergate scandal and the COINTELPRO program, as investigated by Senator Frank Church and Representative Otis Pike.

Exemptions and Limitations

The Freedom of Information Act of 1966 provides nine exemptions from disclosure, including exemptions for national security information, law enforcement records, and personal privacy information, as outlined by Justice Department officials, including Attorney General John Ashcroft and FBI Director Robert Mueller. The law also provides that federal agencies may withhold information if disclosure would cause harm to the United States government or to individuals, as determined by the Office of the Director of National Intelligence and the Department of Homeland Security. The exemptions have been the subject of controversy, with some arguing that they are too broad and allow government agencies to withhold too much information, as criticized by the American Civil Liberties Union and the Electronic Frontier Foundation.

Criticisms and Reforms

The Freedom of Information Act of 1966 has been subject to criticism and calls for reform, particularly with regard to the exemptions and the processing times for requests, as reported by the Government Accountability Office and the National Archives and Records Administration. Some have argued that the law is too weak and allows government agencies to withhold too much information, as criticized by Senator Russ Feingold and Representative Henry Waxman. Others have argued that the law is too broad and allows for the release of sensitive information, as argued by FBI Director Louis Freeh and CIA Director George Tenet. Reforms have been proposed, including the FOIA Improvement Act of 2016, which was signed into law by President Barack Obama and aims to increase transparency and reduce processing times, as recommended by the Sunlight Foundation and the Project On Government Oversight. Category:United States federal legislation