Resources for Legal Research on FOIA
Public Citizen's Foia litigation and advocacy
Since its founding in 1972, Public Citizen Litigation Group has litigated more Freedom of Information Act cases than any other organization. We have secured from government files information about health risks, safety concerns, financial problems, and numerous other issues of importance. To learn more about PCLG's long history of open government work, read our short history, "Obtaining Access to Government Records Since 1972."
- Statutes
- Regulations
- Litigation
- FOIA History and Statistics
- FOIA Treatises
- Bulletins on FOIA
- Government Guidance Documents on Transparency
- Classification and National Security
- Other Organizations' Resources
1. Statutes [top]
Freedom of Information Act
PCLG on the 2007 Amendments: Summary and Legislative History
PCLG on the 1996 Amendments: Summary and Legislative History
Paperwork Reduction Act, Cornell University Legal Information Institute
Privacy Act, Cornell University Legal Information Institute
Records Disposal Act, Cornell University Legal Information Institute
Presidential Records Act, Cornell University Legal Information Institute
Government in the Sunshine Act, Cornell University Legal Information Institute
2. Regulations [top]
PCLG's Agency Database contains links to each agency's handbook on requesting information, FOIA regulations, FOIA contact information, and FOIA annual reports.
3. Litigation [top]
PCLG archive of significant judicial decisions interpreting the FOIA through 2002
Litigation documents from PCLG's open government cases
4. FOIA History and Statistics [top]
40 Years of FOIA, 20 Years of Delay, National Security Archive
Lessons Learned from Thirty Years of Experience with the U.S. Freedom of Information Act, speech by PCLG's Amanda Frost, 2000
The United States Freedom of Information Act, speech by PCLG's Lucinda Sikes, 1997
Archive of Statistics on Agency Backlogs, compiled by PCLG, 2000-2005
5. FOIA Treatises [top]
ABA Restatement of FOIA: American Bar Association Committee document produced as part of a project to generate comprehensive and authoritative description of the current state of administrative law.
6. Bulletins on FOIA [top]
FOIA Post from the Office of Information and Privacy: Department of Justice's Office of Information and Privacy hosts FOIA Post, a new means of disseminating Freedom of Information Act-related information to federal agencies government wide.
Access Reports: Access Reports publishes a newsletter on federal, state and international freedom of information and privacy issues.
7. Government Guidance Documents on Transparency [top]
Executive Orders and Other White House Guidance
- Executive Order on Presidential Records, President Obama's Order, which rescinded E.O. 13,233 (Jan. 21, 2009)
- Memorandum from President Barack Obama, on Transparency and Open Government (Jan. 21, 2009)
- Memorandum from President Barack Obama, on the Freedom of Information Act (Jan. 21, 2009)
- Memorandum from President George W. Bush, on Designation and Sharing of Controlled Unclassified Information (CUI) (May 9, 2008)
- Executive Order on Improving Agency Disclosure of Information (December 14, 2005)
- Memorandum from Andrew Card, Assistant to the President and Chief of Staff, on Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security (March 19, 2002)
- Executive Order 13,233, on Further Implementation of the Presidential Records Act, rescinded by Obama Administration Executive Order (Nov. 1, 2001)
- Executive Order 12667 -- Presidential Records (January 19, 1989), Reagan Administration Executive Order on Presidential Records that was rescinded by E.O. 13,233
- Executive Order on Procedures for Confidential Commercial Information (June 23, 1987)
Department of Justice Guidance
- OIP Guidance: New Requirement To Route Misdirected FOIA Requests, DOJ statement on implementation of provisions in the OPEN Government Act of 2007 (11/18/2008)
- OIP Guidance: New Limitations On Tolling The FOIA's Response Time, DOJ statement on implementation of provisions in the OPEN Government Act of 2007 (11/18/2008)
- OIP Guidance: Assgning Tracking Numbers and Providing Status Information For Requesters, DOJ statement on implementation of provisions in the OPEN Government Act of 2007 (11/18/2008)
- OIP Guidance: New Limitations on Assessing Fees, DOJ statement on implementation of provisions in the OPEN Government Act of 2007 (11/18/2008)
- OIP Guidance: Segregating and Marking Documents For Release In Accordance With The OPEN Governmnet Act (10/23/08)
- DOJ Fee Waiver Guidance (1987), Department of Justice fee waiver policy guidance memorandum issued to the heads of all federal agencies on April 2, 1987.
- Office of Information and Privacy, Department of Justice Component responsible for advising federal agencies on FOIA and Privacy issues.
- Attorney General Ashcroft's Memorandum On FOIA (Oct. 12, 2001).
- Clinton Administration Memoranda on Administration of FOIA (Oct. 4, 1993).
- Attorney General's Guidance on the 1986 Amendments to the FOIA Concerning Law Enforcement Records (Dec. 1987), Discusses 1986 amendments which broadened the scope of FOIA's law enforcement exemption, Exemption 7, and created special record exclusion protections or certain categories of especially sensitive law enforcement records.
Office of Management and Budget Guidance
- OMB Guidelines for FOIA Fees (1987)
- OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (Nov. 19, 1993)
- OMB Circular A-130, Management of Federal Information Resources (Nov. 30, 2000)
- Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies (Oct. 1, 2001)
Other Agency Guidance
8. Classification and National Security [top]
Executive Orders
- President Bush's Executive Order on Safeguarding Classified Information (March 25, 2003), This Executive Order sets forth the procedures and substantive requirements for classifying information in the interest of national security, which allows agencies to withhold information under the first exemption of the FOIA. This order was issued by President Bush on March 25, 2003, and became effective immediately.
- White House Background Briefing on New Executive Order on Classification Policy (March 25, 2003)
- President Clinton's Executive Order 12958 on National Security Information (April 17, 1995), This order was superseded by President Bush on March 25, 2002.
- Executive Order 12968, Access to Classified Information (Aug. 4, 1995), This Executive Order sets forth the personnel security program for employees who will be considered for initial or continued access to classified information.
- Executive Order 13142, amendment to EO 12598 on Classified National Security Information (Nov. 19, 1999).
Information Security Oversight Office (ISOO)
- ISOO Reports (this office oversees the security classification programs in both government and industry).
ISOO 2008 Report to the President
ISOO 2007 Report to the President
ISOO 2006 Report to the President
ISOO 2005 Report to the President
ISOO 2004 Report to the President
ISOO 2003 Report to the President
ISOO 2002 Report to the President
ISOO 2001 Report to the President
ISOO 2000 Report to the President
- ISOO Directive No. 1 (Oct. 13, 1995), This Directive implements Executive 12958 by setting forth guidance to agencies on original and derivative classification, downgrading and declassification.
- ISOO Directive on Safeguarding Classified National Security Information (Sept. 24, 1999), This Directive implements provisions of Executive Order 12958, Classified National Security Information, that pertain to the handling, storage, distribution, transmittal, destruction of, and accounting for classified information.
- Highlights of the Activities of the Interagency Security Classification Appeals Panel (ISCAP), January - December 2002. ISCAP was established by executive order 12958 to rule on appeals from government employees who challenged agency classification policies; to approve, deny, or amend agency exemptions from automatic declassification requirements; and to rule on appeals from members of the public who have filed requests for mandatory declassification.
Freedominfo.org: provides country-by-country information on international FOI laws
National Security Archive: research institute that provides information on FOIA domestically and internationally
OMB Watch: provides analysis and updates on current information policy issues
Reporters Committee for the Freedom of the Press: provides free legal assistance to journalists
9. Other Organizations' Resources [top]
Federation of American Scientists Project on Government Secrecy: extensive archive of materials on government classification and secrecy policies
Freedominfo.org: provides country-by-country information on international FOI laws
National Security Archive: research institute that provides information on FOIA domestically and internationally
OMB Watch: provides analysis and updates on current information policy issues
Reporters Committee for the Freedom of the Press: provides free legal assistance to journalists