The 1966 Freedom of Information Act (FOIA) provides that any person has the right of access to federal agency records or information. FOIA also covers not only executive branch-created records, but also records in the executive branch’s possession. This Act carries a presumption of disclosure. The burden is on the government, not the public, to substantiate why information may not be released. Upon written request, government agencies are required to disclose requested records unless those documents can be lawfully withheld from disclosure under one of nine specific exemptions in the FOIA. However, previous administrations have greatly expanded these exemptions and denied information requests made under the Act while encouraging federal agencies to resist FOIA requests.

Agencies now stretch FOIA Exemptions to hide records that may paint the agency in a bad light or reveal its problems and embarrassing information. Administrations claim increased secrecy is needed to protect national security and privacy issues. Critics say this policy change not only prevents transparency in government actions but also allows privately operated bridges, dams, ports or power and chemical plants to hide health and safety information simply by submitting the data voluntarily to the Department of Homeland Security.

Proposed Legislation: Reintroduction of H.R.2526 Restoration of Freedom of Information Act of 2003
Prospective Sponsor: Rep. Zoe Lofgren (CA)