Resources for Legal Research on the Freedom of Information Act

Resources for FOIA Legal Research on the Internet

The links below provide access to legal treatises and primary legal authorities for advanced research concerning the Freedom of Information Act

Treatises and Bulletins

Treatises

• 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.
  

  >Longer document produced to accompany the above ABA document on FOIA

• Dep’t of Justice Freedom of Information Act Guide
  Comprehensive discussion of FOIA decisions and administration from the perspective of the U.S. Department of Justice.
  

Bulletins

• 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.
  
• OMB Watch Information Policy Page
  OMB Watch provides analysis and updates on current information policy issues.
  
• Access Reports
  Access Reports publishes a newsletter on federal, state and international freedom of information and privacy issues.

Key Statutes on Government Records

From Cornell Legal Information Institute:

• The Freedom of Information Act
• The Privacy Act
• The Paperwork Reduction Act
• The Records Disposal Act

From Public Citizen Litigation Group:

• Text and Legislative History of the Electronic FOIA Amendments of 1996
• Summary of the Electronic FOIA Amendments

Regulations

• Agency FOIA Regulations

Litigation and Judicial Decisions

• Significant Judicial Decisions Interpreting the FOIA
• Briefs From PCLG FOIA Litigation
• DOJ’s List of Cases and Articles Concerning FOIA

DOJ compilation of judicial decisions, both published and unpublished, and articles and treatises concerning the Freedom of Information Act, the Privacy Act of 1974, the Government in the Sunshine Act, and the Federal Advisory Committee Act.

• Sample FOIA Litigation Documents

National Security and Classification

Executive Orders

President Bush’s Executive Order on Safeguarding Classified Information
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

President Clinton’s Executive Order on National Security Information
This order was superceded by President Bush on March 25, 2002

Executive Order 12968, Access to Classified Information
This Executive Order sets forth the personnel security program for employees who will be considered for initial or continued access to classified information.

Execuitve Order 13142, amendment to EO 12598 on Classified National Security Information

Materials of the Information Security Oversight Office

The Information Security Oversight Office (ISOO) oversees the security classification programs in both Government and industry.

• 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 Rules & Regulations

ISOO Directive No. 1
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
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 ISCAP, January – December 2002
The Interagency Security Classification Appeals Panel (ISCAP) was established by executive order 12958 to ule 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.

FAS Project on Government Secrecy

The Federation of American Scientists’ Project on Government Secrecy hosts an extensive archive of materials on government classification and secrecy policies.

• Home Page
• Directory of Presidential Directives and Executive Orders

History

The Freedom of Information Act Turns 35: History of the Act from the National Security Archive

Public Information Chapter of the 1947 Attorney General’s Manual on the Administrative Procedure Act
Prepared by the United States Department of Justice Tom C. Clark, Attorney General, 1947.

Fees and Fee Waivers

• 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.
• OMB Guidelines for FOIA Fees, 1987

Presidential Records

• Presidential Records Act
  from Cornell LII

• Executive Order on Further Implementation of the Presidential Records Act, Nov. 1, 2001
  New Executive Order in which George Bush limits access to records covered by the Presidential Records Act by providing that the current administration will accept claims of privilege by a former president absent compelling circumstances.
• Executive Order 12,667–Presidential Records
  Reagan Administration Executive Order on Presidential Records that was rescinded by E.O. 13,233

• NARA Regulations on Presidential Records

Government Guidance Documents and Informal Memoranda

Executive Orders

• Executive Order on Procedures For Confidential Commercial Information
• Executive Order on Improving Agency Disclosure of Information

Attorney General’s Guidance

• 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

• Clinton Administration Memoranda on Administration of FOIA

• Attorney General’s Guidance on the 1986 Amendments to the FOIA Concerning Law Enforcement Records
  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.

OMB Guidance

• OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations

• OMB Circular A-130, Management of Federal Information Resources, November 30, 2000

• Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies

Recommendations of the Administrative Conference of the United States

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