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Resources for Legal Research on FOIA

Public Citizen Litigation Group and FOIA

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." We also provide access to all of our court and agency filings related to FOIA:

PCLG's Open Government Litigation

PCLG's Comments/Petitions on Agency FOIA Regulations

Other Resources on FOIA

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.

Department of Justice Freedom of Information Act Guide: Comprehensive discussion of FOIA decisions and administration from the perspective of the U.S. Department of Justice.

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

National Archives and Records Administration (NARA) Regulations on Presidential Records
ADR Confidentiality and the Freedom of Information Act (Recommendation 95-6), Administrative Conference of the United States
Agency Practices and Procedures for the Indexing and Public Availability of Adjudicatory Decisions (Recommendation No. 89-8), Administrative Conference of the United States
Exemption (b)(4) of the Freedom of Information Act (Recommendation No. 82-1), Administrative Conference of the United States
Federal Agency Electronic Records Management and Archives (Recommendation No. 90-5), Administrative Conference of the United States
Federal agency use of computers in acquiring and releasing information (Recommendation No. 88-10), Administrative Conference of the United States
Principles and Guidelines for Implementation of the Freedom of Information Act (Recommendation No. 71-2), Administrative Conference of the United States
Procedures for Assessing and Collecting Freedom of Information Act fees, Administrative Conference of the United States
The use of the Freedom of Information Act for discovery purposes (Recommendation No. 83-4), Administrative Conference of the United States

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 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.

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

Home page

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

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