利用者:さくさくさっくん/sandbox

Freedom of Information Act

頭字語(口語)	FOIA
通称	Public Information Act of 1966 Public Information Availability
制定議会	アメリカ合衆国第89議会
引用
一般法律	89-487
Stat.	80 Stat. 250
改廃対象
改正し た法律	行政手続法
改正した USCの編	第5編
創設した USCの条	5 U.S.C. ch. 5, subch. II § 552
立法経緯
Edward Long (D–MO)議員がS. 1160として上院に提出。 Committee on the Judiciary and Committee on Government Operationsで審議。 に上院通過。（passed） に下院通過。（306–0） にLyndon B. Johnson大統領が法案に署名。
主な改正
Privacy Act of 1974, PL 93–579, 88 Stat 1896 Government in the Sunshine Act, PL 94–409, 90 Stat 1241 Anti-Drug Abuse Act of 1986, PL 99–570, 100 Stat 3207 Electronic Freedom of Information Act of 1996 The Intelligence Authorization Act of 2002, PL 107-306, 116 Stat 2383 OPEN Government Act of 2007, PL 110-175, 121 Stat 2524 Wall Street Reform Act of 2010 FOIA Improvement Act of 2016
最高裁判例
Administrator, Federal Aviation Administration v. Robertson, 422 U.S. 255 (1975) Department of Justice v. Julian, 486 U.S. 1 (1988) Department of Justice v. Reporters Committee for Freedom of the Press Department of Justice v. Landano Scott Armstrong v. Executive Office of the President Department of Interior v. Klamath Water Users Protective Assn., 532 U.S. 1 (2001) Milner v. Department of Navy, 562 U.S. 562 (2011) Food Marketing Institute v. Argus Leader Media, No. 18-481, 588 U.S. ___ (2019) United States Fish and Wildlife Service v. Sierra Club, No. 19-547, 592 U.S. ___ (2021)

米国情報の自由法（べいこくじょうほうのじゆうほう，英：Freedom of Information Act）は，米国政府，州，及びその他の公的機関によって管理されている未公開又は未公刊の情報又は文書について，請求に応じた完全又は部分的な公開を求める米国の連邦法である． 本法は，開示の対象となる政府機関の記録を定義し，必要な開示手続きの概略を示し，開示の対象外となる情報の類型を9種類定義している． 本法は米国政府機関の透明性を高めることにより，米国民がより簡単に政府の問題を把握し，議会，政府機関職員，及び大統領に対して問題に対処するよう圧力をかけることを容易にしようとしていた． 本法は，立法府及び行政府によって繰り返し変更されてきた．

連邦政府に関する情報の自由法とは別に，米国の州には独自の多様な情報公開法がある．

本法は，一般には報道機関が報道目的で利用することで知られている． しかし，そのような請求は全請求の内10%未満であり，企業，法律事務所，個人の利用の方が多い．

背景

本法の長い法律名が示す通り，本法は元々行政手続法第3節の内容であった． 1946年に制定された行政手続法第3節では，政府機関は行政記録の公開に関する広範な裁量権を持っていた． 本規定が開示メカニズムというよりも情報を出さないためのものになってきたという懸念を受け，1966年に議会は本法を「全政府機関における情報公開の一般原理」を定めるものとして独立させた． この改正は政府機関に対し，各機関の手続きに関する規定を連邦官報に掲載すること（5 U.S.C. § 552(a)(1)(C)），及び連邦官報に掲載前の意見，政策に関する声明，解釈，職員のマニュアルや手順書を公衆が閲覧及び複写出来るようにすること（§ 552(a)(2)）を求めていた． さらに，§ 552(a)(3)は全ての政府機関に対して，「以上のような記録を合理的に記述できる記録に対する如何なる請求に対して」，そのような記録を「何人でも直ちに利用できる状態にする」ことを要求している． 政府機関が不適切に文書を不開示とした場合には，§ 552(a)(4)(B)によって地方裁判所は当該文書の提出を命ずることができる管轄権を有している． その行政処分について実質的な証拠があり，恣意的でも不公平でもない場合にはその行政処分が維持される必要がある他の種類の行政処分の審査とは異なり，FOIAは政府機関には「処分を維持する」明白な義務を課し，地方裁判所に「その処分について新たに決定する」ことを求めている．

米国市民の憲法上の又は固有の権利が継続的に強調され，さらに政府の個人への服従が主張される中，一部の人々，特にJohn Moss議員は政府の情報を公衆が利用できるようにする必要があると考えた． この圧力は，政府機関の既存の原理と手順に基づいて構築された．

しかし，他の人々，特にLyndon B. Johnson大統領は機密指定されていない情報の中でも特定の種類のものは，なお非公開にしておくべきだと信じていた． ホワイトハウスの反対にもかかわらず，1966年に議会は行政手続法第3節を独立した法律に格上げし行政記録の公開のさらなる標準化を目指したたほか，公衆は行政記録を「知る権利」を持っているとの信念で一致した． また，Privacy Act of 1974は民間で保管される行政記録の増加に伴い，これらの安全を確保するために，本法を相殺するものとして可決された．

本法の射程

本法は行政府の下にある機関にのみ適用される． これらの機関は公衆の情報要求に応えるためにいくつかの義務を課されている． 政府機関に対する文書の請求に関する手順を全て公開する必要がある．さらに，政府機関が情報公開のプロセスを妨害した場合には罰則の対象となる． もし，「政府機関職員が情報の開示を差し控えるように恣意的又は不公平に行動した場合には，特別検察官は速やかに当該行動に対して一時的に責任を負う役職員に対する懲戒処分の当否を決定する手続きを始める． 記録の違法な改ざんや送信遅延の疑いがある場合には，開示請求者が連邦裁判所に訴えることもできる． ただし，「国防又は外交上の利益の観点から大統領令により制定された基準の下で，特に承認を受けて秘密指定されている場合」や「企業秘密」から「明白に不当なプライバシーの侵害となる場合」まで，開示に関する9種類の例外がある． 現在存在するこれら9つの例外は，人権及び機微な情報に対応するものである． この例外は，以下の通り規定されている（合衆国法典第5編第552条 5 U.S.C. § 552）

1. （A）国家安全保障又は外交上の利益の観点に基づく秘密保持のための大統領令によって確立された基準の下で明確に承認されていて，かつ（B）実際に同大統領令に従って適切に分類されているもの．
2. 専ら行政機関内部の人事に関する規則又は慣行のみに関連するもの．
3. 法令（合衆国法典の本法を含む編の552b条を除く）によって具体的に開示が免除されているもののうち，法令により（A）公衆に対して公表しないことが裁量のない形で規定されているもの，または，（B）特に非公開に関する基準を確立し，又は非公開となる情報の類型を特に定めているもの． FOIA Exemption 3 Statutes
4. 商取引に関する秘密，又は，個人から取得した商業か金融に関する情報であって，免責されるものか機密情報;
5. 行政機関の間または行政機関内部の覚書か書簡であって，政府機関以外の当事者が法律により入手できないもの．
6. 人事に関するファイル，医療に関するファイル，又は同様のファイルであって，その開示が明らかに不当なプライバシーの侵害を構成するもの．;
7. 法執行のために編纂された記録又は情報であって，その記録又は情報を開示することにより，（A）法執行手続きが妨げられると合理的に予期できるもの，（B）個人から公正な裁判又は公平な判決を受ける権利を奪うことになるであろうもの，（C）プライバシーの不当な侵害を構成することになると合理的に予期できるもの，（D）　　(D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;
   • Virginia's FOIA council refers to this as the criminal investigative files exemption
8. contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
9. geological and geophysical information and data, including maps, concerning wells.

The Postal Reorganization Act of 1970 (at 合衆国法典第39編第410(c)(2)条 39 U.S.C. § 410(c)(2)) exempts the United States Postal Service (USPS) from disclosure of "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed".

A federal court has concisely described the vital role of the FOIA in democracy:

It has often been observed that the central purpose of the FOIA is to "open … up the workings of government to public scrutiny." One of the premises of that objective is the belief that "an informed electorate is vital to the proper operation of a democracy." A more specific goal implicit in the foregoing principles is to give citizens access to the information on the basis of which government agencies make their decisions, thereby equipping the populace to evaluate and criticize those decisions.

Legislative history

The law came about because of the determination of United States House of Representatives member John E. Moss of California. Moss was chairman of the House Government Information Subcommittee. It took Moss 12 years to get the Freedom of Information Act through Congress. Much of the desire for government transparency stemmed from the Department of Defense and Congressional committees evaluation of the nation's classification system in the late 1950s. They determined that the misuse of government classification of documents was causing insiders to leak documents that were marked "confidential". The committee also determined that the lowest rung of the confidentiality ladder "confidential" should be removed. They deemed that "secret" and "top secret" covered National security adequately. The Moss Committee took it upon itself to reform confidentiality policy and implement punishments for the overuse of classification by officials and departments.

Initial enactment

The Freedom of Information Act was initially introduced as the bill S. 1160 in the 89th Congress. When the two-page bill was signed into law, it became Pub.L. 89–487, 80 Stat. 250 1966年7月4日制定, but had an effective date of one year after the date of enactment, or July 4, 1967. The law set up the structure of FOIA as we know it today. President Lyndon B. Johnson, despite his misgivings, signed the Freedom of Information Act into law.

That law was initially repealed. During the period between the enactment of the act and its effective date, Title 5 of the United States Code was enacted into positive law. For reasons now unclear but which may have had to do with the way the enactment of Title 5 changed how the law being amended was supposed to be cited, the original Freedom of Information Act was replaced. A new act in Pub.L. 90–23, 81 Stat. 54 1967年6月5日制定 (originally H.R. 5357 in the 90th Congress), repealed the original and put in its place a substantively identical law. This statute was signed on June 5, 1967, and had the same effective date as the original statute: July 4, 1967.

Amendments and executive actions

Privacy Act Amendments of 1974

Following the Watergate scandal, President Gerald R. Ford wanted to sign FOIA-strengthening amendments in the Privacy Act of 1974, but White House Chief of Staff Donald Rumsfeld and deputy Dick Cheney were concerned about leaks. Assistant Attorney General for the Office of Legal Counsel Antonin Scalia advised the bill was unconstitutional and even telephoned the CIA asking them to lobby a particular White House staffer. President Ford was persuaded to veto the bill on October 17, 1974, according to documents declassified in 2004. However, on November 21, the lame-duck Congress overrode President Ford's veto, giving the United States the core Freedom of Information Act still in effect today, with judicial review of executive secrecy claims.

Scalia remained highly critical of the 1974 amendments, writing years later that "It is the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored." Scalia particularly disliked the availability of judicial review, decrying that if "an agency denies a freedom of information request, shazam!—the full force of the Third Branch of the government is summoned to the wronged party's assistance."

Those amendments to the FOIA regulate government control of documents that concern a citizen. They give one "(1) the right to see records about [one]self, subject to the Privacy Act's exemptions, (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete, and (3) the right to sue the government for violations of the statute including permitting others to see [one's] records unless specifically permitted by the Act." In conjunction with the FOIA, the Privacy Act is used to further the rights of an individual gaining access to information held by the government. The Justice Department's Office of Information and Privacy and federal district courts are the two channels of appeal available to seekers of information.

1976 Government in the Sunshine Act amendments

In 1976, as part of the Government in the Sunshine Act, Exemption 3 of the FOIA was amended so that several exemptions were specified:

1. Information relating to national defense,
2. Related solely to internal personnel rules and practices,
3. Related to accusing a person of a crime,
4. Related to information where disclosure would constitute a breach of privacy,
5. Related to investigatory records where the information would harm the proceedings,
6. Related to information which would lead to financial speculation or endanger the stability of any financial institution, and
7. Related to the agency's participation in legal proceedings.

1982 Executive Order limiting the FOIA

Between 1982 and 1995, President Reagan's Template:Executive Order allowed federal agencies to withhold enormous amounts of information under Exemption 1 (relating to national security information), claiming it would better protect the country and strengthen national security.

The outcry from the effect that the Reagan Order had on FOIA requests was a factor in leading President Clinton to dramatically alter the criteria in 1995.

1986 Omnibus Anti-Drug Abuse Act amendments to the FOIA

The FOIA amendments were a small part of the bipartisan Anti-Drug Abuse Act of 1986. Congress amended FOIA to address the fees charged by different categories of requesters and the scope of access to law enforcement and national security records. The amendments are not referenced in the congressional reports on the Act, so the floor statements provide an indication of Congressional intent.

1995–99 expansion

Between 1995 and 1999, President Clinton issued executive directives (and amendments to the directives) that allowed the release of previously classified national security documents more than 25 years old and of historical interest, as part of the FOIA. This release of information allowed many previously publicly unknown details about the Cold War and other historical events to be discussed openly.

Electronic Freedom of Information Act Amendments of 1996

An example of an E-FOIA request. This particular request concerns possible records the Federal Bureau of Investigation might have on the Polybius urban legend.

The Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) stated that all agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. Agencies must also provide electronic reading rooms for citizens to use to have access to records. Given the large volume of records and limited resources, the amendment also extended the agencies' required response time to FOIA requests. Formerly, the response time was ten days and the amendment extended it to twenty business days.

2001 Executive Order limiting the FOIA

Executive Order 13233, drafted by Alberto R. Gonzales and issued by President George W. Bush on November 1, 2001, restricted access to the records of former presidents.

This order was revoked on January 21, 2009, as part of President Barack Obama's 大統領令 13489. Public access to presidential records was restored to the original extent of five years (12 for some records) outlined in the Presidential Records Act.

Intelligence Authorization Act of 2002 amending the FOIA

In 2002, Congress passed the Intelligence Authorization Act for Fiscal Year 2003, Pub.L. 107–306. Within this omnibus legislation were amendments to the FOIA (pertaining mainly to intelligence agencies) entitled "Prohibition on Compliance with Requests for Information Submitted by Foreign Governments":

Section 552(a)(3) of title 5, United States Code, is amended—

(1) in subparagraph (A) by inserting "and except as provided in subparagraph (E)", after "of this subsection"; and

(2) by adding at the end the following:

(E) An agency, or part of an agency, that is an element of the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. § 401a(4))) shall not make any record available under this paragraph to—

(i) any government entity, other than a State, territory, commonwealth, or district of the United States, or any subdivision thereof; or

(ii) a representative of a government entity described in clause (i).

In effect, this new language precluded any covered U.S. intelligence agency from disclosing records in response to FOIA requests made by foreign governments or international governmental organizations. By its terms, it prohibits disclosure in response to requests made by such non-U.S. governmental entities either directly or through a "representative". This means that for any FOIA request that by its nature appears as if it might have been made by or on behalf of a non-U.S. governmental entity, a covered agency may inquire into the particular circumstances of the requester in order to properly implement this new FOIA provision.

The agencies affected by this amendment are those that are part of, or contain "an element of", the "intelligence community". As defined in the National Security Act of 1947 (as amended), they consist of the CIA, the National Security Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office (and certain other reconnaissance offices within the Department of Defense), the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the FBI, the Department of the Treasury, the Department of Energy, and the Coast Guard, the Department of Homeland Security, the Bureau of Intelligence and Research in the Department of State, and "such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the intelligence community".

OPEN Government Act of 2007

President Bush signed the Openness Promotes Effectiveness in our National Government Act of 2007, Pub.L. 110–175, on December 31, 2007. This law, also known as the "OPEN Government Act of 2007", amended the federal FOIA statute in several ways. According to a White House press release, it does so by:

1. establishing a definition of "a representative of the news media;"
2. directing that required attorney fees be paid from an agency's own appropriation rather than from the Judgment Fund;
3. prohibiting an agency from assessing certain fees if it fails to comply with FOIA deadlines; and
4. establishing an Office of Government Information Services (OGIS) in the National Archives and Records Administration to review agency compliance with FOIA.

Changes include the following:

• it recognizes electronic media specifically and defines "News Media" as "any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience."
• it extends the 20-day deadline by allowing for up to 10 days between the FOIA office of the agency and the component of the agency holding the records and specifically allows for clarification of requests by the FOIA office (Effective 12/31/2007).
• it calls for each agency to designate a FOIA Public Liaison, "who shall assist in the resolution of any disputes" (Effective 12/31/2008).
• it requires agencies to assign tracking numbers to FOIA requests that take longer than 10 days, and to provide systems determining the status of a request.
• it codifies and defines annual reporting requirements for each agency's FOIA program.
• it specifically addresses data sources used to generate reports; "shall make the raw statistical data used in its reports available electronically ..."
• it redefines the definition of an agency "record" to include information held for an agency by a government contractor.
• it establishes an Office of Government Information Services (OGIS) which will offer mediation services to resolve disputes as non-exclusive alternative to litigation.
• it requires agencies to make recommendations personnel matters related to FOIA such as whether FOIA performance should be used as a merit factor.
• it requires agencies to specify the specific exemption for each deletion or redaction in disclosed documents.

2009 Executive Order permitting retroactive classification

On December 29, 2009, President Barack Obama issued Executive Order 13526, which allows the government to classify certain specific types of information relevant to national security after it has been requested. That is, a request for information that meets the criteria for availability under FOIA can still be denied if the government determines that the information should have been classified, and unavailable. It also sets a timeline for automatic declassification of old information that is not specifically identified as requiring continued secrecy.

2010 repeal of FOIA amendments in Wall Street reform act

The Dodd–Frank Wall Street Reform and Consumer Protection Act, signed into law in July 2010, included provisions in section 929I that shielded the Securities and Exchange Commission (SEC) from requests under the Freedom of Information Act. The provisions were initially motivated out of concern that the FOIA would hinder SEC investigations that involved trade secrets of financial companies, including "watch lists" they gathered about other companies, trading records of investment managers, and "trading algorithms" used by investment firms.

In September 2010, the 111th Congress passed an act repealing those provisions. The act was introduced in the Senate on August 5, 2010 as S.3717 and given the name "A bill to amend the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to provide for certain disclosures under section 552 of title 5, United States Code, (commonly referred to as the Freedom of Information Act), and for other purposes."

Notable cases

A major issue in released documentation is government "redaction" of certain passages deemed applicable to the Exemption section of the FOIA. Federal Bureau of Investigation (FBI) officers in charge of responding to FOIA requests "so heavily redacted the released records as to preclude needed research." This has also brought into question just how one can verify that they have been given complete records in response to a request.

J. Edgar Hoover

Freedom of Information Act requests have led to the release of information such as this letter by J. Edgar Hoover about surveillance of ex-Beatle John Lennon. A 25-year battle by historian Jon Wiener based on FOIA, with the assistance of lawyers from the ACLU, eventually resulted in the release of documents like this one.

This trend of unwillingness to release records was especially evident in the process of making public the FBI files on J. Edgar Hoover. Of the 164 files and about eighteen thousand pages collected by the FBI, two-thirds were withheld from Athan G. Theoharis, most notably one entire folder entitled the "White House Security Survey". Despite finding out that the Truman Library had an accessible file which documented all the reports of this folder, the FBI and Office of Information and Privacy put forth "stony resistance" to the FOIA appeal process.

Department of Justice v. Landano murder trial

A murder trial decided in 1993, Department of Justice v. Landano, 508 U.S. 165 (1993), involved what was alleged to be a felony murder committed during a group burglary by defendant Landano. Justice Sandra Day O'Connor wrote the unanimous opinion. "In an effort to support his claim in subsequent state court proceedings that the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), by withholding material exculpatory evidence, he filed Freedom of Information Act (FOIA) requests with the FBI for information it had compiled in connection with the murder investigation."

In defense, the FBI put forth a claim that the redacted sections of the documents requested were withheld in accordance with FOIA regulations protecting the identity of informants who gave information regarding case details. However, O'Connor ruled that those who supplied information had no need to remain anonymous in the court setting. "To the extent that the Government's proof may compromise legitimate interests, the Government still can attempt to meet its burden with in camera affidavits." The court thus remanded the case to the Circuit Courts and rejected the FBI's claim of confidentiality as being a valid reason to withhold information.

"While most individual sources may expect confidentiality, the Government offers no explanation, other than administrative ease, why that expectation always should be presumed." Thus, when Theoharis and company were in the middle of fighting in court to obtain J. Edgar Hoover files, they may well have benefited from Landano and also Janet Reno's assertions of the government's need for "greater openness" and "discretionary releases" in 1993.

Iran–Contra affair e-mails

In the case of Scott Armstrong v. Executive Office of the President, et al., the White House used the PROFS computer communications software. With encryption designed for secure messaging, PROFS notes concerning the Iran–Contra affair (arms-for-hostages) under the Reagan Administration were insulated. However, they were also backed up and transferred to paper memos. The National Security Council, on the eve of President George H. W. Bush's inauguration, planned to destroy these records. The National Security Archive, Armstrong's association for the preservation of government historical documents, obtained an injunction in Federal District Court against the head, John Fawcett, of the National Archives and Records Administration and the National Security Council's purging of PROFS records. A Temporary Restraining Order was approved by Senior U.S. District Court Judge Barrington D. Parker. Suit was filed at District Court under Judge Richey, who upheld the injunction of PROFS records.

Richey gave a further injunction to prevent a purging of the George H.W. Bush's administration's records as well. On counts of leaving the White House clean for the new Clinton Administration, the Bush group appealed but was denied its request. Finally, the Clinton Administration appealed to the U.S. Court of Appeals, stating that the National Security Council was not truly an agency but a group of aides to the President and thus not subject to FOIA regulations. Under the Presidential Records Act, "FOIA requests for NSC [could] not be filed until five years after the president ha[d] left office ... or twelve years if the records [were] classified." The Clinton administration won, and the National Security Archive was not granted a writ of certiorari by the Supreme Court on these grounds. According to Scott Armstrong, taking into account labor and material costs, the three presidential administrations spent almost $9.3 million on contesting the National Security Archive FOIA requests for PROFS e-mail records.

Secret e-mail accounts and abusive fees

In 2013, the Associated Press uncovered several federal agencies where staff regularly used fictitious identities and secret or unlisted email accounts to conduct government business. The use of these email accounts stymied FOIA requests. In some cases, the government demanded exorbitant (greater than $1 million) fees for records that appeals showed should be available for minimal cost.

Processing time

U.S. Department of Justice headquarters

The Act contains a provision legally requiring agencies to respond to FOIA requests within 20 days. However, for two main reasons, many agencies rarely meet this requirement. First, the task of screening requests for sensitive or classified information is often arduous and lengthy at agencies like the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA). Second, Congressional funding for agency staff to handle FOIA requests is usually far less than the necessary amount to hire sufficient employees. As a result, parties who request information under FOIA often end up filing lawsuits in federal court seeking judicial orders forcing the agencies to comply with their FOIA requests.

The first major case of this type was the 1976 case Open America v. Watergate Special Prosecution Force, in which Open America had filed a FOIA request with the U.S. Attorney General and the FBI requesting copies of all their documents relating to the role of former FBI Director L. Patrick Gray in the Watergate scandal. The FBI had over 5,000 pending FOIA requests at the time, and did not respond within the statutory 20-day limit. Open America sued in the U.S. District Court for the District of Columbia, and the court issued an order commanding the FBI to either immediately comply with or deny Open America's request. The government appealed to the U.S. Court of Appeals for the D.C. Circuit, which found that FOIA requests could be categorized into "simple" and "difficult" requests, and that although Open America's request was "difficult", the FBI had been using "due diligence" in responding to it. The court held that because there was no pressing urgency to Open America's request, its lawsuit did not move it to the head of the queue, and it would have to wait its turn. This legal reasoning and holding has been adopted by all other American circuits, though courts continue to complain that FOIA request delays are too long. In the 1983 case McGehee v. CIA the District of Columbia Circuit Court of Appeals stated,

The Freedom of Information Act nevertheless imposes on the courts the responsibility to ensure that agencies comply with their obligation to "make ... records promptly available to any person" who requests them unless a refusal to do so is justified by one of the Act's specific, exclusive exemptions. Especially where, as here, an agency's responses to a request for information have been tardy and grudging, courts should be sure they do not abdicate their own duty.

The Center for Effective Government analyzed 15 federal agencies which receive the most FOIA requests in-depth. The organization used a scale considering 3 factors: the clarity of agency rules regarding FOIA requests, quality or 'friendliness' of an agency's FOIA webpage, and the timely, complete manner of processing requests. With this metric, it concluded that federal agencies are struggling to implement public disclosure rules. In the latest analysis published in 2015 (using 2012 and 2013 data, the most recent years available) ten of the 15 did not earn satisfactory overall grades, scoring less than 70 out of a possible 100 points. Eight of the ten earned Ds, including the Department of Homeland Security (69 percent), Department of Transportation (68 percent), United States Department of the Treasury (Treasury) (68 percent), the Environmental Protection Agency (EPA) (67 percent), the United States Department of Labor (63 percent), the United States Department of Veterans Affairs (64 percent), the United States Department of Defense (61 percent), the Securities and Exchange Commission (61 percent). The Department of Health and Human Services and the Department of State earned an F. The State Department's score (37 percent) was dismal due to its extremely low processing score of 23 percent, which was completely out of line with any other agency's performance. Scores of five agencies, the Equal Employment Opportunity Commission, the Department of Health and Human Services, the SEC, the DOJ, and the EPA, even decreased marginally.

Implementation by government agencies

Starting in 2012, the Federal government job title Government Information Specialist was established for professionals focused on FOIA or privacy matters. Agencies sometimes track or process FOIA requests on websites or systems shared across organizations, such as FOIAonline and eFOIA.

See also

• Commission on Protecting and Reducing Government Secrecy
• Declassification
• Freedom of information in the United States
• Glomar response
• Federal Records Act
• John E. Moss
• MuckRock
• Mosaic theory

References

Attribution

• Template:Include-FedCourts

Further reading

• US Gov't Sets Record for Failures to Find Files When Asked, (March 18, 2016), https://www.nytimes.com/aponline/2016/03/18/us/politics/ap-us-sunshine-week-foia.html 
• Hickman, Kristen E.; Pierce, Richard J. Jr. (2014). Federal Administrative Law: Cases and Materials (2nd ed.). St. Paul, Minnesota: Foundation Press. ISBN 978-1-60930-337-2 
• Peters, Gerhard (July 4, 1966). “Statement by the President Upon Signing the "Freedom of Information Act."”. University of California – Santa Barbara. August 22, 2018時点のオリジナルよりアーカイブ。April 24, 2013閲覧。
• Mariano-Florentino Cuéllar (12 January 2016). Reflections on the U.S. Treasury Department in the Late 1990s (video). (Mentions inadequacy of government response to FOIA requests, e.g. around 22 min. in)
• Archibald, Sam (December 1993). “The Early Years of the Freedom of Information Act. 1955 to 1974”. PS: Political Science and Politics 26 (4): 726–731. doi:10.2307/419539. JSTOR 419539. https://www.jstor.org/stable/419539 3 December 2021閲覧。. 
• Cain, Bruce E.; Dalton, Russell J.; Scarrow, Susan E. (18 December 2003). “Towards More Open Democracies: The Expansion of Freedom of Information Laws”. Democracy Transformed?: 115–139. doi:10.1093/0199264996.003.0006. ISBN 978-0-19-926499-5. https://www.researchgate.net/publication/289936087. "Chapter In book, PDF Available" 
• “Features – A Selected Bibliography on the Freedom of Information Act, 1980-2004”. LLRX. Law Library Resource Xchange (15 March 2004).  “(Editor’s Note: I have added links to those articles I located that were available at no cost.)”
• Chenault, John (Spring 2014). “The myth of freedom of information.”. Kentucky Libraries 78 (2). https://ir.library.louisville.edu/faculty/13/ 4 December 2021閲覧。. 
• Phillips, Matthew F. (1 May 2017). “The Freedom of Information Act Reimagined: Lawmaking, Transparency, and National Security In Twenty-First-Century America”. Honors Theses (Lewiston, Maine: Bates College). http://scarab.bates.edu/honorstheses/193. 
• Congressional Research Service (13 June 2007). Access to Government Information in the United States. The Library of Congress. オリジナルのDecember 4, 2021時点におけるアーカイブ。. https://web.archive.org/web/20211204054345/https://apps.dtic.mil/sti/pdfs/ADA470219.pdf. 

External links

• FOIA.gov – U.S. Department of Justice FOIA complete reference
• FOIA Legislative History - The National Security Archive at George Washington University
• Stanford Libraries FOIA archive – Preserved collection of sites that deal with Freedom of Information Act (FOIA) requests and documents. This includes government sites that receive and distribute FOIA documents (aka "FOIA reading rooms") as well as non-profit organizations and government watchdogs that request large numbers of FOIA documents on specific topics like national security and civil rights.
• Freedom of Information Act Resources – compiled by the Law Librarians' Society of Washington, D.C.
• FOIA Wiki – wiki maintained by Reporters Committee for Freedom of the Press with explanatory entries on various aspects of FOIA, including caselaw, agency information, and recent FOIA decisions
• Freedom of Information Act. Enrolled Acts and Resolutions of Congress, compiled 1789–2008. U.S. National Archives and Records Administration. (July 4, 1966). https://research.archives.gov/description/299930