Deck 15: Freedom of Access

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.

A) U.S. president and White House staff
B) Congressional agencies
C) U.S. executive branch agencies
D) State government employees
E) none of the above

Answer 1

C

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.

A) Administrative Procedures Act
B) Federal Communications Act
C) Military Records Act
D) Transparency in Government Act
E) all of the above

Answer 2

A

Question 3

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

A) Ethical practices in personnel affairs
B) Prevention of sexual harassment and discrimination
C) Racial equality in hiring and firing practices
D) Budget expenditures
E) none of the above

Answer 3

D

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?

A) digital indexing
B) electronic database searches
C) computerized compliance process
D) electronic reading rooms
E) all of the above

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 __________.

A) distinct possibility of leaks
B) sound legal basis
C) no demonstrated need
D) certainty of resulting harm
E) reasonable basis for denial

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?

A) National Defense
B) Statutory
C) Agency Memoranda
D) Personnel Rules
E) Law Enforcement

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?

A) Privacy
B) National Defense
C) Agency Memoranda
D) Personnel Rules
E) Financial 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?

A) National Defense
B) Trade Secrets
C) Statutory
D) Privacy
E) Law Enforcement

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?

A) orders of the administrative law judge
B) motions submitted to the court by counsel
C) correspondence between EEOC counsel discussing strategy for the case
D) personal information of the discrimination victim
E) memoranda of case law submitted to the court

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?

A) HIPPAA
B) Personal Privacy
C) Agency Memoranda
D) National Security
E) Statutory Exemptions

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?

A) Privacy
B) Statutory
C) Personnel Rules
D) Law Enforcement
E) Agency Memoranda

Question 12

All of the following are categories of exemptions under FOIA except

A) Financial Records
B) Academic Records
C) Oil Field Data
D) Agency Memoranda
E) Law Enforcement

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?

A) Agency photographs
B) Agency updates
C) Agency statements
D) repair estimates
E) expert opinions

Question 14

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

A) executive department
B) military department
C) government corporation
D) government controlled corporation
E) legislative commission

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.

A) Federal Register
B) Response Itemization
C) Vaughn Index
D) Itemized Denial
E) Reno List

Question 16

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

A) fulfilling the request
B) denying the request in part
C) denying the request
D) fulfilling the request in part
E) ignoring the request

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.

A) 90/response
B) 60/response
C) 90/request
D) 120/request
E) 30/response

Question 18

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

A) imminent threat to personal safety
B) threat to due process
C) possible harm to reputation
D) foreseeable harm to a humanitarian interest
E) serious threat to human life

Question 19

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

A) commercial use requests
B) noncommercial scientific institution requests
C) freelance journalists requests
D) educational institution requests
E) charitable organization requests

Question 20

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

A) Executive Branch
B) Presidential Archives
C) Executive Records
D) National Archives
E) Presidential Records

Question 21

The Privacy Act of 1974 covers all but one of the provisions below. Which one does not belong?

A) required consent of a person before personal information may be transferred to another agency
B) prohibits communication of personal health information
C) allowing people to review agency records to correct their personal information if errors are discovered
D) provides the availability of legal damages to persons whose information has been mishandled by the government
E) makes exemptions to permit census takers to gather data

Question 22

Which of the following acts was enacted to protect innocent victims of stalkers?

A) Privacy Act of 1974
B) Victims Privacy Act
C) Drivers Protection Privacy Act
D) Public Records Privacy Act
E) Location Privacy Act

Question 23

The Family Educational Rights and Privacy Act covers all of the following provisions except for which one below?

A) parental discretion over academic records prior to the student reaching age eighteen
B) right to inspect personal school records and recommend corrections for inaccuracies or misleading information
C) prevents solicitors from entering private campuses
D) required signature of student or parent before academic records are released to a third party
E) prohibits posting of grades by any easily identifiable means

Question 24

Which of the following is the most acceptable means of posting grades?

A) social security numbers
B) anonymous student numbers
C) names
D) initials
E) seat assignments

Question 25

The legal partnership of Phee, Chaser & Kapaplé is trying to gather evidence to assist in a recent case involving the collision of two vessels. At the time of the collision, the U.S. Coast Guard (USCG) arrived, investigated the scene, and prepared a report on the findings that included written statements of the captain and first mate of each vessel. When filing a request under FOIA, Phee, Chaser & Kapaplé must prove the legal firm is entitled to the information.

Question 26

Reporter Dave Lee Scribe is preparing a story on the war in Iraq highlighting the cost of the war. Journalist wanted to make the public aware of how the money was being used and where on suspicion that the money was not being well spent. Scribe submitted an FOIA request to the Department of Defense requesting documents showing what supplies were purchased and where they were sent for use. As a member of the press, Scribe has special privileges - not held by the general public - to access information that is critical to national security.

Question 27

Annie Muss is working on a law review article regarding age discrimination among attorneys. As part of the article, Muss would like to compare the number of claims filed with the Equal Employment Opportunity Commission (EEOC) from 1965 to present day. Muss submits an FOIA request for a table summary and accompanying graphic of the data. In response to the request, the EEOC must compile the data as requested.

Question 28

Local architect Feng Shui Fasad would like to access architectural renderings of a new monument planned for the Washington, DC area. In order to do so, Fasad must complete the official "Freedom of Information Act Request" form and mail the same to the FOIA Agency.

Question 29

In addition to allowing the public to access government documents, FOIA requires agencies to provide the public with advance notice of meetings and release an agenda of the item(s) to be discussed.

Question 30

The only restrictions on public access to information are the exemptions to federal and state FOIA and Sunshine laws.

Question 31

Sal Manila is a chef on a cooking show. He is arrested and imprisoned for extortion. WAMO-TV wants to do a news interview with him, and Manila is willing, but the warden will not permit it. Sal is entitled to visitors but the warden will not allow him to use visitation rights for media interviews. According to precedent, the warden is denying Sal's right of free expression and must allow the interview.

Question 32

University Chief of Police Hugh Don Wannano wants to protect the privacy of State University students who get in trouble. It is his contention that part of the learning process for students is learning right from wrong, so Wannano wants to keep troubled students from being stigmatized by being labeled criminals. Wannano protects students' identities by claiming that FERPA (the Buckley amendment) protects the privacy of student records. Federal law prevents access to campus police records and crime reports.

Question 33

Sharon Seekrits is a nosy person. She likes finding out everything she can about everyone she knows. She goes to the courthouse and looks up the tax assessments for every home on her block (public record). She goes to the city, county and state budgets to look up the salary of every public employee she knows (public record). She even checks voter records to see whether her friends and neighbors voted in the last election (public, although their actual votes are not). Seekrits realizes that her friend Manny Moons has been corresponding with the Bureau of Indian Affairs to try to get McKinley Avenue declared a protected Indian burial ground. Seekrits files a Freedom of Information request for copies of the letters from the BIA. A BIA official asks Seekrits why she wants the information, but she has no answer. The official has the right to deny access to the file because Seekrits cannot justify her request.

Question 34

The Whassup Indians have a large reservation in rural Montana. As part of an agreement with the federal government, they provide a large volume of data about their water usage. H2O4U, an environmental group, wants to get access to the documents to see if the Whassups are being responsible stewards of resources. They request the documents through the Freedom of Information Act. The Department of the Interior claims they are exempt from the FoIA as inter-agency memoranda and refuses to turn them over. In a court battle, a court would rule that Interior must turn over the documents.