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Freedom of Information Act Documents

FAS FOIA Lawsuit for Disclosure of Unclassified NRO Budget Documents for FY 2006

• Selected case files.

FAS Sues CIA for Disclosure of 1947-70 Intelligence Budget Data

• The court ordered disclosure of the 1963 CIA budget on April 4, 2005. Other budget data were deemed properly withheld.

FAS Sues CIA for Disclosure of the 2002 Intelligence Budget Total

• The court ruled in favor of CIA on February 6, 2004.

The Freedom of Information Act, as amended

The text of the Act, including the revisions dictated by the "Electronic Freedom of Information Act Amendments", October 2, 1996

Selected National Security Agency FOIA Sites

• Air Force
• Central Intelligence Agency
• Defense Information Systems Agency
• Defense Intelligence Agency
• Defense Logistics Agency
• Defense Security Service
• Department of Defense
• Department of Energy
• Department of Justice
• Department of State
• Federal Bureau of Investigation
• National Imagery and Mapping Agency
• National Reconnaissance Office
• National Security Agency
• Navy

Cases of Note

On the U.S.S. Liberty

• A. Jay Cristol v. National Security Agency, complaint filed January 21, 2003, seeking declassification of "tapes, recordings, or other electronic or paper recordings of surveillance of common voice radio transmissions made or intercepted on June 8, 1967 by the U.S.S. Liberty." With an Answer from NSA, dated July 3, 2003.

Schwarz v. FBI, et al

• Memorandum Opinion Dismissing Case as Frivolous, Judge John D. Bates, September 24, 2002. The FOIA's "admirable purpose is abused when misguided individuals are allowed to submit requests to every agency and subdivision of the government, seeking information about an imaginary conspiracy."

Oil, Chemical, and Atomic Workers International Union v. DOE

• Memorandum Opinion on Attorneys Fees, Judge Gladys Kessler, DC District Court, March 16, 2001. This ruling summarizes an exemplary FOIA lawsuit that produced "enormous public benefit."

U.S. v Weatherhead: Selected Documents

• Motion to Vacate the Judgment of the Court of Appeals, filed by the Solicitor General after the contested document was declassified and the case mooted, November 23, 1999.
• Amicus Brief Supporting Respondent in U.S. v. Weatherhead, November 19, 1999. A legal brief submitted to the Supreme Court in defense of judicial review in Exemption 1 FOIA cases.
• United States v. Weatherhead, U.S. Solicitor General Petition for Certiorari, May 1999. After the 9th circuit ordered release of a classified British Government document that the State Department wanted to withhold, the Justice Department asked the Supreme Court to reverse the decision. With an appendix.

Aftergood v. CIA: FAS FOIA Lawsuit Against CIA for FY 1999 Intelligence Budget Disclosure

• Case Dismissed: Court Grants CIA's Motion for Summary Judgment, November 12, 1999
• CIA Reply in Support of Summary Judgment, June 16, 1999
• FAS Memorandum in Opposition to CIA's Motion for Summary Judgment, May 14, 1999
• Declaration of Steven Aftergood, May 14, 1999
• Declaration of John Pike, May 17, 1999
• Declaration of DCI George Tenet in Opposition to Disclosure of the Intelligence Budget Request, amended April 6, 1999
• A Rebuttal to DCI George Tenet
• CIA Moves for Summary Judgment of Intel Budget Lawsuit, April 6, 1999
• FAS Sues CIA for Disclosure of FY 99 Intel Budget Total and Budget Request, amended February 8, 1999

Aftergood v. CIA: FAS FOIA Lawsuit Against CIA for FY 1997 Intelligence Budget Disclosure

• CIA Announces Disclosure of FY98 Intelligence Budget Total, March 20, 1998
• FAS Wins FOIA Lawsuit on Intelligence Budget Disclosure! October 15, 1997
• FAS Sues CIA for Intelligence Budget Disclosure, May 19, 1997

Miscellaneous FOIA Policy Documents

• Attorney General's Report to the President Pursuant to Executive Order 13,392, entitled "Improving Agency Disclosure of Information", June 1, 2007
• Attorney General's Report to the President Pursuant to Executive Order 13,392, entitled "Improving Agency Disclosure of Information", October 16, 2006
• A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records, House Committee on Government Reform, September 20, 2005, House Report 109-226 (PDF).
• Information Management: Update on Freedom of Information Act Implementation Status, General Accounting Office [GAO-04-257], February 2004
• Freedom of Information Act: Agency Views on Changes Resulting from New Administration Policy, General Accounting Office [GAO-03-981], September 2003
• Department of Defense: FOIA Amended by Intelligence Authorization Requests, DoD Guidance on Excluding Requests from Foreign Governments, April 8, 2003
• Department of Defense: FOIA Requests for Critical Infrastructure Information, DoD Guidance Memorandum, March 25, 2003
• Government Information Practices--Casebook, U.S. Army Judge Advocate General's School, JA-235, March 2000
• William H. Rehnquist on FOIA Policy (1969), Justice Department memorandum to all federal agencies, December 8, 1969
• Information Management: Update on Implementation of the 1996 Electronic Freedom of Information Act Amendments, US General Accounting Office, Report No. GAO-02-493, August 2002 [2 MB PDF file]
• DoD Guidance on Attorney General FOIA Memorandum, November 19, 1991. "Discretionary disclosures are no longer encouraged."
• New Attorney General FOIA Memorandum Issued, October 12, 2001
• Attorney General's Memorandum on FOIA Implementation, September 3, 1999
• Attorney General's Statement on Implementation of the Electronic FOIA, May 1, 1997
• Attorney General's Statement on Openness in FOIA Policy, October 1993
• CIA Interim Rule on Implementation of the FOIA, Federal Register, June 16, 1997

International

• FreedomInfo.org, the online network of freedom of information advocates.
• Global Survey of Freedom of Information Laws from freedominfo.org.
• International FOI Laws from the University of Missouri Freedom of Information Center.
• A Model Freedom of Information Law (pdf), prepared by Article 19 (London), July 2001. Based on best international practice.
• The Public's Right to Know: Principles on Freedom of Information Legislation (pdf), prepared by Article 19 (London), June 1999. For those countries considering the adoption of FOI legislation, "These Principles set out standards for national and international regimes which give effect to the right to freedom of information."
• Access to Information in Developing Countries A Study Prepared for Transparency International by Robert Martin and Estelle Feldman, April 1998.

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Maintained by Steven Aftergood