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Overview

This section establishes the Freedom of Information Act (FOIA) as the legal basis for public access to agency records and outlines the three primary methods by which the government must make information available.

Key Rules

  • Legal Basis: The authority is derived directly from 5 U.S.C. 552, as amended.
  • Methods of Disclosure: Information must be provided to the public through:
    • Publication: Formal notice in the Federal Register.
    • Inspection: Providing physical or electronic locations for the public to read and copy records.
    • Response to Request: Providing copies of specific records that are "reasonably described" by a requester.

Practical Implications

  • Transparency Requirements: Contractors must recognize that records submitted to or created by the government are subject to public disclosure unless a specific FOIA exemption applies.
  • Request Specificity: For a request to be valid under this authority, the public must provide a description sufficient for agency personnel to locate the records with a reasonable amount of effort.

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