International Right To Know Day: How Well Do You Know The US Freedom Of Information Act?

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| By AmyBennett2014
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1. True or false? Under the law, agencies must notify requesters that they have the right to seek mediation from the Office of Government Information Services (OGIS) if they are still not satisfied with the agency's response after they go through the appeal process.

Explanation

OGIS offers a non-binding alternative to filing a FOIA suit. Taking an agency to court over a FOIA suit can be expensive, and might be intimidating for someone who does not have a law degree. Many agencies do not notify requesters of this option, however.

S. 2520, the bipartisan FOIA Improvement Act, requires that requesters be made of their right to request mediation by OGIS.

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About This Quiz
International Right To Know Day: How Well Do You Know The US Freedom Of Information Act? - Quiz

Celebrate International Right to Know Day by testing your knowledge on the US Freedom of Information Act (FOIA). This quiz assesses your understanding of FOIA's directives, the role of OGIS, and information withholding provisions, emphasizing legal and civic awareness.

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2. True or false? The US FOIA allows agencies to withhold any information that is "predecisional" in perpetuity, regardless of how long ago the government made a decision, or if there is a public interest in release of the material.

Explanation

Predecisional material is covered by the FOIA's fifth exemption. The exemption is discretionary, meaning the agency official processing the FOIA request can choose to release the information. Under the Obama Administration's guidelines, agencies are required to release such information unless there is a forseeable harm. Agencies are also supposed to take certain factors into consideration before using exemption 5 to withhold material, including the age of the document. Under the law, however, agencies can -- and do -- withhold any information that technically meets the definition of predecisional.

S. 2520, the bipartisan FOIA Improvement Act, requires agencies to weigh the public interest in the release of information before using exemption 5 to withhold records, and limits the use of the exemption to 25 years.

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3. True or false? The government has a complete list of how many provisions in the law allow agencies to withhold certain categories of information.

Explanation

There are only nine exemptions to the US FOIA. The third exemption, however, brings in any information that is required to be withheld under other provisions of the law. Amazingly, no one in the government has a complete list of how many of these provisions exist in the law.

S. 2520, the bipartisan FOIA Improvement Act, requires the Government Accountability Office (GAO) is required to catalog the number and use of these exemption 3 statutes.

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4. True or false? The Office of Government Information Services (OGIS), which was created in 2007, was intended in part to give unfiltered advice to the President and Congress about how to improve agency implementation of the law.

Explanation

This is a tricky one. OGIS is intended to give advice to the President and Congress on how to improve agency implementation of the law. Currently, though, OGIS' recommendations must be reviewed by the Office of Mangaement and Budget (OMB) before they are sent to the President or Congress. OMB review can take a very long time (OGIS' first set of recommendations were pending at OMB for more than a year), and OMB can request that OGIS make certain changes before they are released.

S. 2520, the bipartisan FOIA Improvement Act, gives OGIS the ability to direct its reports on improving agency implementation of the law directly to the President and Congress.

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5. True or false? The US Freedom of Information Act includes language directing federal agencies to process all requests for information under the presumption that the information should be released.

Explanation

The US FOIA does not currently include the presumption of openness. Both the Clinton and Obama Administrations issued guidance to agencies directing them to apply the presumption of openness. Guidance sent out during the George W. Bush Administration was quite different, however.

S. 2520, the bipartisan FOIA Improvement Act would lock in the presumption of openness, helping the public use the FOIA as a tool for greater government openness and accountability, and ensuring agency officials charged with processing requests for information are less subject to political pressures.

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True or false? Under the law, agencies must notify requesters that...
True or false? The US FOIA allows agencies to withhold any information...
True or false? The government has a complete list of how many...
True or false? The Office of Government Information Services (OGIS),...
True or false? The US Freedom of Information Act includes language...
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