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The Freedom of Information Act
5 U.S.C. § 552, As Amended By
Public Law No. 104-231, 110 Stat. 2422
Below is the full text of the Freedom of Information Act
in a form showing all amendments to the statute made by the "Electronic
Freedom of Information Act Amendments of 1996." All newly enacted provisions
are in boldface type.
§ 552. Public information; agency rules, opinions, orders, records,
and proceedings
(a) Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in
the Federal Register for the guidance of the public--
(A) descriptions of its central and field organization and the
established places at which, the employees (and in the case of a uniformed
service, the members) from whom, and the methods whereby, the public may
obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions
are channeled and determined, including the nature and requirements of
all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as to the scope
and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized
by law, and statements of general policy or interpretations of general
applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing. Except
to the extent that a person has actual and timely notice of the terms thereof,
a person may not in any manner be required to resort to, or be adversely
affected by, a matter required to be published in the Federal Register
and not so published. For the purpose of this paragraph, matter reasonably
available to the class of persons affected thereby is deemed published
in the Federal Register when incorporated by reference therein with the
approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make
available for public inspection and copying--
(A) final opinions, including concurring and dissenting opinions,
as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have
been adopted by the agency and are not published in the Federal Register;
and
(C) administrative staff manuals and instructions to staff that
affect a member of the public;
(D) copies of all records, regardless of form or format, which
have been released to any person under paragraph (3) and which, because
of the nature of their subject matter, the agency determines have become
or are likely to become the subject of subsequent requests for substantially
the same records; and
(E) a general index of the records referred to under subparagraph
(D); unless the materials are promptly published and copies offered
for sale. For records created on or after November 1, 1996, within one
year after such date, each agency shall make such records available, including
by computer telecommunications or, if computer telecommunications means
have not been established by the agency, by other electronic means.
To the extent required to prevent a clearly unwarranted invasion of personal
privacy, an agency may delete identifying details when it makes available
or publishes an opinion, statement of policy, interpretation, or
staff manual or instruction, staff manual, instruction, or
copies of records referred to in subparagraph (D). However, in each
case the justification for the deletion shall be explained fully in writing,
and the extent of such deletion shall be indicated on the portion of the
record which is made available or published, unless including that indication
would harm an interest protected by the exemption in subsection (b) under
which the deletion is made. If technically feasible, the extent of the
deletion shall be indicated at the place in the record where the deletion
was made. Each agency shall also maintain and make available for public
inspection and copying current indexes providing identifying information
for the public as to any matter issued, adopted, or promulgated after July
4, 1967, and required by this paragraph to be made available or published.
Each agency shall promptly publish, quarterly or more frequently, and distribute
(by sale or otherwise) copies of each index or supplements thereto unless
it determines by order published in the Federal Register that the publication
would be unnecessary and impracticable, in which case the agency shall
nonetheless provide copies of an index on request at a cost not to exceed
the direct cost of duplication. Each agency shall make the index referred
to in subparagraph (E) available by computer telecommunications by December
31, 1999. A final order, opinion, statement of policy, interpretation,
or staff manual or instruction that affects a member of the public may
be relied on, used, or cited as precedent by an agency against a party
other than an agency only if--
(i) it has been indexed and either made available or published
as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms thereof.
(3) (A) Except with respect to the records made available under
paragraphs (1) and (2) of this subsection, each agency, upon request for
records which (A) (i) reasonably describes such
records and (B) (ii) is made in accordance with
published rules stating the time, place, fees (if any), and procedures
to be followed, shall make the records promptly available to any person.
(B) In making any record available to a person under this paragraph,
an agency shall provide the record in any form or format requested by the
person if the record is readily reproducible by the agency in that form
or format. Each agency shall make reasonable efforts to maintain its records
in forms or formats that are reproducible for purposes of this section.
(C) In responding under this paragraph to a request for records,
an agency shall make reasonable efforts to search for the records in electronic
form or format, except when such efforts would significantly interfere
with the operation of the agency's automated information system.
(D) For purposes of this paragraph, the term "search" means
to review, manually or by automated means, agency records for the purpose
of locating those records which are responsive to a request.
(4) (A) (i) In order to carry out the provisions of this section,
each agency shall promulgate regulations, pursuant to notice and receipt
of public comment, specifying the schedule of fees applicable to the processing
of requests under this section and establishing procedures and guidelines
for determining when such fees should be waived or reduced. Such schedule
shall conform to the guidelines which shall be promulgated, pursuant to
notice and receipt of public comment, by the Director of the Office of
Management and Budget and which shall provide for a uniform schedule of
fees for all agencies.
(ii) Such agency regulations shall provide that--
(I) fees shall be limited to reasonable standard charges for document
search, duplication, and review, when records are requested for commercial
use;
(II) fees shall be limited to reasonable standard charges for
document duplication when records are not sought for commercial use and
the request is made by an educational or noncommercial scientific institution,
whose purpose is scholarly or scientific research; or a representative
of the news media; and
(III) for any request not described in (I) or (II), fees shall be limited
to reasonable standard charges for document search and duplication.
(iii) Documents shall be furnished without any charge or at a
charge reduced below the fees established under clause (ii) if disclosure
of the information is in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of
the government and is not primarily in the commercial interest of the requester.
(iv) Fee schedules shall provide for the recovery of only the
direct costs of search, duplication, or review. Review costs shall include
only the direct costs incurred during the initial examination of a document
for the purposes of determining whether the documents must be disclosed
under this section and for the purposes of withholding any portions exempt
from disclosure under this section. Review costs may not include any costs
incurred in resolving issues of law or policy that may be raised in the
course of processing a request under this section. No fee may be charged
by any agency under this section--
(I) if the costs of routine collection and processing of the fee
are likely to equal or exceed the amount of the fee; or
(II) for any request described in clause (ii) (II) or (III) of
this subparagraph for the first two hours of search time or for the first
one hundred pages of duplication.
(v) No agency may require advance payment of any fee unless the
requester has previously failed to pay fees in a timely fashion, or the
agency has determined that the fee will exceed $250.
(vi) Nothing in this subparagraph shall supersede fees chargeable
under a statute specifically providing for setting the level of fees for
particular types of records.
(vii) In any action by a requester regarding the waiver of fees
under this section, the court shall determine the matter de novo, provided
that the court's review of the matter shall be limited to the record before
the agency.
(B) On complaint, the district court of the United States in the
district in which the complainant resides, or has his principal place of
business, or in which the agency records are situated, or in the District
of Columbia, has jurisdiction to enjoin the agency from withholding agency
records and to order the production of any agency records improperly withheld
from the complainant. In such a case the court shall determine the matter
de novo, and may examine the contents of such agency records in camera
to determine whether such records or any part thereof shall be withheld
under any of the exemptions set forth in subsection (b) of this section,
and the burden is on the agency to sustain its action. In addition to
any other matters to which a court accords substantial weight, a court
shall accord substantial weight to an affidavit of an agency concerning
the agency's determination as to technical feasibility under paragraph
(2)(C) and subsection (b) and reproducibility under paragraph (3)(B).
(C) Notwithstanding any other provision of law, the defendant
shall serve an answer or otherwise plead to any complaint made under this
subsection within thirty days after service upon the defendant of the pleading
in which such complaint is made, unless the court otherwise directs for
good cause shown.
[(D) Except as to cases the court considers of greater importance,
proceedings before the district court, as authorized by this subsection,
and appeals therefrom, take precedence on the docket over all cases and
shall be assigned for hearing and trial or for argument at the earliest
practicable date and expedited in every way. Repealed by Pub.
L. 98-620, Title IV, 402(2), Nov. 8, 1984, 98 Stat. 3335,3357.]
(E) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any case
under this section in which the complainant has substantially prevailed.
(F) Whenever the court orders the production of any agency records
improperly withheld from the complainant and assesses against the United
States reasonable attorney fees and other litigation costs, and the court
additionally issues a written finding that the circumstances surrounding
the withholding raise questions whether agency personnel acted arbitrarily
or capriciously with respect to the withholding, the Special Counsel shall
promptly initiate a proceeding to determine whether disciplinary action
is warranted against the officer or employee who was primarily responsible
for the withholding. The Special Counsel, after investigation and consideration
of the evidence submitted, shall submit his findings and recommendations
to the administrative authority of the agency concerned and shall send
copies of the findings and recommendations to the officer or employee or
his representative. The administrative authority shall take the corrective
action that the Special Counsel recommends.
(G) In the event of noncompliance with the order of the court,
the district court may punish for contempt the responsible employee, and
in the case of a uniformed service, the responsible member.
(5) Each agency having more than one member shall maintain and
make available for public inspection a record of the final votes of each
member in every agency proceeding.
(6)(A) Each agency, upon any request for records made under paragraph
(1), (2), or (3) of this subsection, shall--
(i) determine within ten days twenty days
(excepting Saturdays, Sundays, and legal public holidays) after the
receipt of any such request whether to comply with such request and shall
immediately notify the person making such request of such determination
and the reasons therefor, and of the right of such person to appeal to
the head of the agency any adverse determination; and
(ii) make a determination with respect to any appeal within twenty
days (excepting Saturdays, Sundays, and legal public holidays) after the
receipt of such appeal. If on appeal the denial of the request for records
is in whole or in part upheld, the agency shall notify the person making
such request of the provisions for judicial review of that determination
under paragraph (4) of this subsection.
(B) In unusual circumstances as specified in this subparagraph,
the time limits prescribed in either clause (i) or clause (ii) of subparagraph
(A) may be extended by written notice to the person making such request
setting forth the reasons for such extension and the date on which a determination
is expected to be dispatched. No such notice shall specify a date
that would result in an extension for more than ten working days. As used
in this subparagraph, "unusual circumstances" means, but only to the extent
reasonably necessary to the proper processing of the particular request--
(i) the need to search for and collect the requested records
from field facilities or other establishments that are separate from the
office processing the request;
(ii) the need to search for, collect, and appropriately
examine a voluminous amount of separate and distinct records which are
demanded in a single request; or
(iii) the need for consultation, which shall be conducted
with all practicable speed, with another agency having a substantial interest
in the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
(B) (i) In unusual circumstances as specified in this subparagraph,
the time limits prescribed in either clause (i) or clause (ii) of subparagraph
(A) may be extended by written notice to the person making such request
setting forth the unusual circumstances for such extension and the date
on which a determination is expected to be dispatched. No such notice shall
specify a date that would result in an extension for more than ten working
days, except as provided in clause (ii) of this subparagraph.
(ii) With respect to a request for which a written notice under
clause (i) extends the time limits prescribed under clause (i) of subparagraph
(A), the agency shall notify the person making the request if the request
cannot be processed within the time limit specified in that clause and
shall provide the person an opportunity to limit the scope of the request
so that it may be processed within that time limit or an opportunity to
arrange with the agency an alternative time frame for processing the request
or a modified request. Refusal by the person to reasonably modify the request
or arrange such an alternative time frame shall be considered as a factor
in determining whether exceptional circumstances exist for purposes of
subparagraph (C).
(iii) As used in this subparagraph, "unusual circumstances"
means, but only to the extent reasonably necessary to the proper processing
of the particular requests--
(I) the need to search for and collect the requested records
from field facilities or other establishments that are separate from the
office processing the request;
(II) the need to search for, collect, and appropriately examine
a voluminous amount of separate and distinct records which are demanded
in a single request; or
(III) the need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
agency having substantial subject matter interest therein.
(iv) Each agency may promulgate regulations, pursuant to notice
and receipt of public comment, providing for the aggregation of certain
requests by the same requestor, or by a group of requestors acting in concert,
if the agency reasonably believes that such requests actually constitute
a single request, which would otherwise satisfy the unusual circumstances
specified in this subparagraph, and the requests involve clearly related
matters. Multiple requests involving unrelated matters shall not be aggregated.
(C) (i) Any person making a request to any agency for records
under paragraph (1), (2), or (3) of this subsection shall be deemed to
have exhausted his administrative remedies with respect to such request
if the agency fails to comply with the applicable time limit provisions
of this paragraph. If the Government can show exceptional circumstances
exist and that the agency is exercising due diligence in responding to
the request, the court may retain jurisdiction and allow the agency additional
time to complete its review of the records. Upon any determination by an
agency to comply with a request for records, the records shall be made
promptly available to such person making such request. Any notification
of denial of any request for records under this subsection shall set forth
the names and titles or positions of each person responsible for the denial
of such request.
(ii) For purposes of this subparagraph, the term "exceptional
circumstances" does not include a delay that results from a predictable
agency workload of requests under this section, unless the agency demonstrates
reasonable progress in reducing its backlog of pending requests.
(iii) Refusal by a person to reasonably modify the scope of
a request or arrange an alternative time frame for processing the request
(or a modified request) under clause (ii) after being given an opportunity
to do so by the agency to whom the person made the request shall be considered
as a factor in determining whether exceptional circumstances exist for
purposes of this subparagraph.
(D) (i) Each agency may promulgate regulations, pursuant to
notice and receipt of public comment, providing for multitrack processing
of requests for records based on the amount of work or time (or both) involved
in processing requests.
(ii) Regulations under this subparagraph may provide a person
making a request that does not qualify for the fastest multitrack processing
an opportunity to limit the scope of the request in order to qualify for
faster processing.
(iii) This subparagraph shall not be considered to affect the
requirement under subparagraph (C) to exercise due diligence.
(E) (i) Each agency shall promulgate regulations, pursuant
to notice and receipt of public comment, providing for expedited processing
of requests for records--
(I) in cases in which the person requesting the records demonstrates
a compelling need; and
(II) in other cases determined by the agency.
(ii) Notwithstanding clause (i), regulations under this subparagraph
must ensure--
(I) that a determination of whether to provide expedited processing
shall be made, and notice of the determination shall be provided to the
person making the request, within 10 days after the date of the request;
and
(II) expeditious consideration of administrative appeals of
such determinations of whether to provide expedited processing.
(iii) An agency shall process as soon as practicable any request
for records to which the agency has granted expedited processing under
this subparagraph. Agency action to deny or affirm denial of a request
for expedited processing pursuant to this subparagraph, and failure by
an agency to respond in a timely manner to such a request shall be subject
to judicial review under paragraph (4), except that the judicial review
shall be based on the record before the agency at the time of the determination.
(iv) A district court of the United States shall not have jurisdiction
to review an agency denial of expedited processing of a request for records
after the agency has provided a complete response to the request.
(v) For purposes of this subparagraph, the term "compelling
need" means--
(I) that a failure to obtain requested records on an expedited
basis under this paragraph could reasonably be expected to pose an imminent
threat to the life or physical safety of an individual; or
(II) with respect to a request made by a person primarily engaged
in disseminating information, urgency to inform the public concerning actual
or alleged Federal Government activity.
(vi) A demonstration of a compelling need by a person making
a request for expedited processing shall be made by a statement certified
by such person to be true and correct to the best of such person's knowledge
and belief.
(F) In denying a request for records, in whole or in part,
an agency shall make a reasonable effort to estimate the volume of any
requested matter the provision of which is denied, and shall provide any
such estimate to the person making the request, unless providing such estimate
would harm an interest protected by the exemption in subsection (b) pursuant
to which the denial is made.
(b) This section does not apply to matters that are--
(1)(A) specifically authorized under criteria established by an Executive
order to be kept secret in the interest of national defense or foreign
policy and (B) are in fact properly classified pursuant to such Executive
order;
(2) related solely to the internal personnel rules and practices of
an agency;
(3) specifically exempted from disclosure by statute (other than section
552b of this title), provided that such statute (A) requires that the matters
be withheld from the public in such a manner as to leave no discretion
on the issue, or (B) establishes particular criteria for withholding or
refers to particular types of matters to be withheld;
(4) trade secrets and commercial or financial information obtained from
a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which would
not be available by law to a party other than an agency in litigation with
the agency;
(6) personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal privacy;
(7) records or information compiled for law enforcement purposes,but
only to the extent that the production of such law enforcement records
or information
(A) could reasonably be expected to interfere with enforcement proceedings,
(B) would deprive a person of aright to a fair trial or an impartial
adjudication,
(C) could reasonably be expected to constitute an unwarranted invasion
of personal privacy,
(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;
(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.
Any reasonably segregable portion of a record shall be provided to any
person requesting such record after deletion of the portions which are
exempt under this subsection. The amount of information deleted shall
be indicated on the released portion of the record,unless including that
indication would harm an interest protected by the exemption in this subsection
under which the deletion is made. If technically feasible, the amount of
the information deleted shall be indicated at the place in the record where
such deletion is made.
(c)(1) Whenever a request is made which involves access to records described
in subsection (b)(7)(A) and--
(A) the investigation or proceeding involves a possible violation of
criminal law; and
(B) there is reason to believe that (i) the subject of the investigation
or proceeding is not aware of its pendency, and (ii) disclosure of the
existence of the records could reasonably be expected to interfere with
enforcement proceedings, the agency may, during only such time as that
circumstance continues, treat the records as not subject to the requirements
of this section.
(2) Whenever informant records maintained by a criminal law enforcement
agency under an informant's name or personal identifier are requested by
a third party according to the informant's name or personal identifier,
the agency may treat the records as not subject to the requirements of
this section unless the informant's status as an informant has been officially
confirmed.
(3) Whenever a request is made which involves access to records maintained
by the Federal Bureau of Investigation pertaining to foreign intelligence
or counterintelligence, or international terrorism, and the existence of
the records is classified information as provided in subsection (b)(1),
the Bureau may, as long as the existence of the records remains classified
information, treat the records as not subject to the requirements of this
section.
(d) This section does not authorize the withholding of information or
limit the availability of records to the public, except as specifically
stated in this section. This section is not authority to withhold information
from Congress.
(e) On or before March 1 of each calendar year, each agency
shall submit a report covering the preceding calendar year to the Speaker
of the House of Representatives and President of the Senate for referral
to the appropriate committees of the Congress. The report shall include--
(1) the number of determinations made by such agency not to
comply with requests for records made to such agency under subsection (a)
and the reasons for each such determination;
(2) the number of appeals made by persons under subsection(a)(6),
the result of such appeals, and the reason for the action upon each appeal
that results in a denial of information;
(3) the names and titles or positions of each person responsible
for the denial of records requested under this section,and the number of
instances of participation for each;
(4) the results of each proceeding conducted pursuant to subsection
(a)(4)(F), including a report of the disciplinary action taken against
the officer or employee who was primarily responsible for improperly withholding
records or an explanation of why disciplinary action was not taken;
(5) a copy of every rule made by such agency regarding this
section;
(6) a copy of the fee schedule and the total amount of feescollected
by the agency for making records available under this section; and
(7) such other information as indicates efforts to administer
fully this section.
The Attorney General shall submit an annual report on or before
March 1 of each calendar year which shall include for the prior calendar
year a listing of the number of cases arising under this section, the exemption
involved in each case, the disposition of such case, and the cost, fees,
and penalties assessed under subsections (a)(4)(E), (F), and (G). Such
report shall also include a description of the efforts undertaken by the
Department of Justice to encourage agency compliance with this section.
(e)(1) On or before February 1 of each year, each agency shall submit
to the Attorney General of the United States a report which shall cover
the preceding fiscal year and which shall include--
(A) the number of determinations made by the agency not to comply
with requests for records made to such agency under subsection(a) and the
reasons for each such determination;
(B)(i) the number of appeals made by persons under subsection(a)(6),
the result of such appeals, and the reason for the action upon each appeal
that results in a denial of information; and
(ii) a complete list of all statutes that the agency relies upon
to authorize the agency to withhold information under subsection(b)(3),
a description of whether a court has upheld the decision of the agency
to withhold information under each such statute,and a concise description
of the scope of any information withheld;
(C) the number of requests for records pending before the agency
as of September 30 of the preceding year, and the median number of days
that such requests had been pending before the agency as of that date;
(D) the number of requests for records received by the agency and
the number of requests which the agency processed;
(E) the median number of days taken by the agency to process different
types of requests;
(F) the total amount of fees collected by the agency for processing
requests; and
(G) the number of full-time staff of the agency devoted to processing
requests for records under this section, and the total amount expended
by the agency for processing such requests.
(2) Each agency shall make each such report available to the public
including by computer telecommunications, or if computer telecommunications
means have not been established by the agency,by other electronic means.
(3) The Attorney General of the United States shall make each report
which has been made available by electronic means available at a single
electronic access point. The Attorney General of the United States shall
notify the Chairman and ranking minority member of the Committee on Government
Reform and Oversight of the House of Representatives and the Chairman and
ranking minority member of the Committees on Governmental Affairs and the
Judiciary of the Senate, no later than April 1 of the year in which each
such report is issued, that such reports are available by electronic means.
(4) The Attorney General of the United States, in consultation with
the Director of the Office of Management and Budget, shall develop reporting
and performance guidelines in connection with reports required by this
subsection by October 1, 1997, and may establish additional requirements
for such reports as the Attorney General determines may be useful.
(5) The Attorney General of the United States shall submit an annual
report on or before April 1 of each calendar year which shall include for
the prior calendar year a listing of the number of cases arising under
this section, the exemption involved in each case, the disposition of such
case, and the cost, fees, and penalties assessed under subparagraphs (E),
(F), and (G) of subsection(a)(4). Such report shall also include a description
of the efforts undertaken by the Department of Justice to encourage agency
compliance with this section.
(f) For purposes of this section, the term "agency" as defined
in section 551(1) of this title includes any Executive department, military
department, Government corporation, Government controlled corporation,
or other establishment in the executive branch of the Government (including
the Executive Office of the President), or any independent regulatory agency.
(f) For purposes of this section, the term--
(1) "agency" as defined in section 551(1) of this title includes
any executive department, military department,
Government corporation, Government controlled corporation, or other
establishment in the executive branch of the Government (including the
Executive Office of the President), or any independent regulatory agency;
and
(2) "record" and any other term used in this section in reference
to information includes any information that would be an agency record
subject to the requirements of this section when maintained by an agency
in any format, including an electronic format.
(g) The head of each agency shall prepare and make publicly available
upon request, reference material or a guide for requesting records or information
from the agency, subject to the exemptions in subsection (b), including--
(1) an index of all major information systems of the agency;
(2) a description of major information and record locator systems
maintained by the agency; and
(3) a handbook for obtaining various types and categories of
public information from the agency pursuant to chapter 35 of title 44,
and under this section. * * * * *
Section 12. Effective Date [not to be codified].
(a) Except as provided in subsection (b), this Act shall take effect
180 days after the date of the enactment of this Act [March 31, 1997].
(b) Sections 7 and 8 shall take effect one year after the date of
the enactment of this Act [October 2, 1997].
Below is the full text of the statement issued by President Clinton
upon signing the 1996 FOIA amendments into law on October 2, 1996:
I am pleased to sign into law today H.R. 3802, the "Electronic
Freedom of Information Act Amendments of 1996."
This bill represents the culmination of several years of leadership
by Senator Patrick Leahy to bring this important law up to date. Enacted
in 1966, the Freedom of Information Act (FOIA) was the first law to establish
an effective legal right of access to government information, underscoring
the crucial need in a democracy for open access to government information
by citizens. In the last 30 years, citizens, scholars, and reporters have
used FOIA to obtain vital and valuable government information.
Since 1966, the world has changed a great deal. Records are no longer
principally maintained in paper format. Now, they are maintained in a variety
of technologies, including CD ROM and computer tapes and diskettes, making
it easier to put more information on-line.
My Administration has launched numerous initiatives to bring more
government information to the public. We have established World Wide Web
pages, which identify and link information resources throughout the Federal
Government. An enormous range of documents and data, including the Federal
budget, is now available on-line or in electronic format, making government
more accessible than ever. And in the last year, we have declassified unprecedented
amounts of national security material, including information on nuclear
testing.
The legislation I sign today brings FOIA into the information and
electronic age by clarifying that it applies to records maintained in electronic
format. This law also broadens public access to government information
by placing more material on-line and expanding the role of the agency reading
room. As the Government actively disseminates more information, I hope
that there will be less need to use FOIA to obtain government information.
This legislation not only affirms the importance, but also the challenge
of maintaining openness in government. In a period of government downsizing,
the numbers of requests continue to rise. In addition, growing numbers
of requests are for information that must be reviewed for declassification,
or in which there is a proprietary interest or a privacy concern. The result
in many agencies is huge backlogs of requests.
In this Act, the Congress recognized that with today's limited resources,
it is frequently difficult to respond to a FOIA request within the 10 days
formerly required in the law. This legislation extends the legal response
period to 20 days.
More importantly, it recognizes that many FOIA requests are so broad
and complex that they cannot possibly be completed even within this longer
period, and the time spent processing them only delays other requests.
Accordingly, H.R. 3802 establishes procedures for an agency to discuss
with requesters ways of tailoring large requests to improve responsiveness.
This approach explicitly recognizes that FOIA works best when agencies
and requesters work together.
Our country was founded on democratic principles of openness and
accountability, and for 30 years, FOIA has supported these principles.
Today, the "Electronic Freedom of Information Act Amendments of 1996" reforges
an important link between the United States Government and the American
people.
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