Question 1

The Freedom of Information Act (FOIA) is a federal law requiring the _________ to, on request, disclose agency records unless the information is kept secret under FOIA exemptions.

Accepted Answer

The Freedom of Information Act is a federal law that applies to U.S. executive branch agencies, specifically requiring them to disclose agency records upon request unless the information is exempted from disclosure under one of nine specific exemptions listed in the Act. It does not apply to the U.S. president and White House staff, Congressional agencies, or state government employees.

Question 2

Before FOIA, the _________ gave those with "good cause" who were "properly and directly concerned" with records held by the U.S. government the right to inspect agency paperwork.

Accepted Answer

The Administrative Procedures Act gave individuals with "good cause" who were "properly and directly concerned" the right to inspect agency records before FOIA was enacted. The other options listed are not relevant to this topic.

Question 3

The Government Accountability Office is a congressional federal agency that assists Congress in oversight of ____ ___?

Accepted Answer

The Government Accountability Office (GAO) is responsible for assisting Congress in overseeing budget expenditures. They provide Congress with independent and objective analysis, evaluations, and investigations to help improve government performance and ensure accountability. The other options listed are important issues, but they are not within the specific oversight responsibilities of the GAO.

Question 4

The Electronic Freedom of Information Act (E-FOIA) requires federal agencies to afford the public which of the following options to support openness in government?

Accepted Answer

The Electronic Freedom of Information Act (E-FOIA) amends the original FOIA to require federal agencies to make records available in electronic formats and to utilize electronic information services. This includes provisions for digital indexing, electronic database searches, a computerized compliance process, and electronic reading rooms, all aimed at enhancing public access to government information.

Question 5

The presumption of disclosure under FOIA shifted after the terrorist attacks of September 11, 2001 from denying disclosure only when harm is a reasonably foreseeable result of disclosure to when there is a __________.

Accepted Answer

After the September 11 attacks, the standard for denying disclosure under the Freedom of Information Act (FOIA) shifted to when there is a "sound legal basis" for withholding information, rather than only when harm is a reasonably foreseeable result.

Question 6

Suppose you are seeking information on American soldiers in Afghanistan. Within 24 hours after a national news program airs a brief report of American troops fighting in an area supposedly void of U.S. military presence, the President issues an Executive Order prohibiting release of military reports relating to troop activity in Afghanistan. Your FOIA request for the troop activity reports falls under what exemption to FOIA?

Accepted Answer

The exemption to FOIA that applies in this scenario is the National Defense exemption, which allows for the withholding of information that could potentially harm national security or defense. The President's Executive Order suggests that the release of troop activity reports could compromise national defense in Afghanistan. Therefore, the government would likely cite this exemption to deny the FOIA request.

Question 7

Fitz N. Tyme is curious about how Navy Judge Advocate Generals (JAG) are compensated - salary or billed time. Tyme files an FOIA request with the Department of the Navy seeking disclosure of this information. The Department of the Navy may likely deny Tyme's request under what exemption to the FOIA?

Accepted Answer

The Department of the Navy may likely deny Tyme's request under personnel rules exemption because it pertains to the compensation of Navy employees and is considered internal personnel records.

Question 8

Brian Brainchild is a talented graduate student in biomedical science, and believes his work over the past few years can help identify weaknesses in protective gear utilized by American troops in combat. He submits an FOIA request to the Department of the Defense seeking disclosure of the makeup of the gear currently produced under contract with Lockheed Martin. Brainchild's request is denied, but under which exemption to FOIA?

Accepted Answer

The denial of disclosure based on the makeup of the protective gear currently produced under contract with Lockheed Martin falls under the exemption of trade secrets. Lockheed Martin likely considers the specific details of the gear's construction to be sensitive information that if leaked would harm their competitive position in the marketplace. As a result, the Department of Defense is most likely denying Brian's request on the basis of trade secrets.

Question 9

N. Genio Inlege is an attorney recently admitted to the state bar. Inlege is trying to find supporting case law for a wage dispute case he is handling. The Equal Employment Opportunity Commission (EEOC) once prosecuted a case with substantially the same circumstances. Inlege is interested in reviewing the EEOC file on the case to find any assistance possible in handling her case. Under the Agency Memoranda exemption to FOIA, Inlege may request and receive all of the following records except which one?

Accepted Answer

DThe Agency Memoranda exemption to the Freedom of Information Act (FOIA) allows agencies to withhold inter-agency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency. This includes internal communications such as strategy discussions (C). Personal information of individuals, such as discrimination victims, is protected under the Privacy Act and exemptions to FOIA to prevent unwarranted invasions of personal privacy (D).

Question 10

Amy Cusqurie is a journalist in Washington, DC. She writes a daily column and an online blog about the Federal Communications Commission - including its decisions as well as critiques of the five commissioners. One commissioner has become erratic in his stated reasoning. Cusqurie suspects he has health issues adversely affecting his ability to serve. She submits an FOIA request to view the personnel record regarding this commissioner, but she will most likely be denied under what exemption?

Accepted Answer

The most likely exemption that would prevent Amy Cusqurie from accessing the personnel record of the commissioner is the Personal Privacy exemption. This exemption protects against disclosure of information that would constitute an invasion of personal privacy. The commissioner's personnel record would likely contain medical information that would fall within the scope of this exemption.

Question 11

Ray S. Jude-Cotta wrote a story revealing a large human trafficking ring in Lafayette Park. His story was based on information given to him by a confidential source. After the story was published, the FBI worked through the reporter to contact the source who worked personally with the Bureau to further the investigation into the trafficking ring. Jude-Cotta, who was unconvinced of the truthfulness of a story from a confidential source, sent an FOIA request to the FBI to release the personal information of the source. His request will be denied under what exemption to the FOIA?

Accepted Answer

The request will be denied under the Law Enforcement exemption, which protects information that could reasonably be expected to interfere with enforcement proceedings or disclose the identity of a confidential source.

Question 12

All of the following are categories of exemptions under FOIA except

Accepted Answer

Academic Records are not a category of exemptions under the Freedom of Information Act (FOIA); FOIA primarily concerns the disclosure of federal agency records.

Question 13

Henry "Hip" Zoefaqtoe would like to view records from the U.S. Geological Survey (USGS) following a reported 10.2 magnitude earthquake with an epicenter in the desert of Nevada near a highly restricted access Air Force base. The USGS file includes photographs of geological effects, statements of injured persons, repair estimates, topographical charts of the area, seismographic readings, and expert opinions on the damage. The file will be continuously updated. Zoefaqtoe's FOIA request is least likely to be granted with respect to which of the following records?

Accepted Answer

Agency updates may be continuously updated and contain sensitive or classified information related to national security, which may be exempt from FOIA disclosure.

Question 14

All of the following are included in the definition of "agency" under FOIA except ___ ?

Accepted Answer

"Legislative commission" is not included in the definition of "agency" under FOIA. All the other options listed are included in the definition.

Question 15

In denying a FOIA request, the agency may include a(n) ____________ in the response, which is an official list of the withheld records and justifications for the denial of disclosure.

Accepted Answer

The Vaughn Index is an official list of the records withheld by the agency and provides justifications for the denial of disclosure. It is a common tool used by agencies to comply with their obligations under FOIA. The other answer choices are not relevant to this context - the Federal Register is a publication of proposed and final federal regulations, the Response Itemization and Itemized Denial are not commonly used terms in FOIA practice, and the Reno List is not a recognized term in FOIA law.

Question 16

Which of the following is not a possible response of an agency to a FOIA request?

Accepted Answer

Ignoring a FOIA request is not a valid response. Agencies are required by law to acknowledge and respond to FOIA requests within a specific time frame.

Question 17

If an individual is unsatisfied with the response received from an agency on a FOIA request, the individual has __________ days from the date of __________ to submit an appeal.

Accepted Answer

An individual has 60 days from the date of the response to submit an appeal if unsatisfied with the agency's decision on a FOIA request.

Question 18

Expeditious handling of a FOIA is least likely to be granted in which of the following situations?

Accepted Answer

Possible harm to reputation is not considered a compelling reason for the expedited handling of a FOIA request. The other options involve more urgent and pressing concerns.

Question 19

For purposes of assessing fees, FOIA requests are divided into categories that include all of the following except:

Accepted Answer

FOIA (Freedom of Information Act) requests are categorized for fee assessment purposes into several specific types, including commercial use requests, noncommercial scientific institution requests, freelance journalists requests, and educational institution requests. Charitable organization requests are not a specifically defined category for the purposes of assessing FOIA fees.

Question 20

The __________ Act expanded protection of executive branch records by placing authority over them in the hands of the National Archives.

Accepted Answer

The Presidential Records Act expanded protection of executive branch records by placing authority over them in the hands of the National Archives.

Quiz 15: Freedom of Access