USA Freedom of information Act is 30 year old and was amended in 1996 to include the Internet.

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.

. . . Text of the FOIA as Amended

(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.

. . . Text of the FOIA as Amended

[(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

. . . Text of the FOIA as Amended

(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.

. . . Text of the FOIA as Amended

(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 a right 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;

. . . Text of the FOIA as Amended

(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 fees collected 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,

. . . Text of the FOIA as Amended

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 the1996 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.

USA Frequently Asked Questions FAQs

1) About State Department Records

2) About the Freedom of Information Act (FOIA)

3) About the Privacy Act

1) About State Department Records

What is a record?

According to 44 United States Code 3301, records are "all books, papers, maps,

photographs, machine-readable materials, or other documentary materials

regardless of physical form or characteristics, made or received by an agency of

the United States Government under Federal law or in connection with the

transaction of public business, and preserved or appropriate for preservation by

that agency or its legitimate successor as evidence of the organization, functions,

policies, decisions, procedures, operations, or other activities of the Government

or because of the informational value of data in them."

What kind of records can I obtain from the State Department?

Through the FOIA and Executive Order 12958, you may request access to

records that document (1) the formulation and execution of U.S. foreign policy

and (2) the administration and operations of the Department of State and its

missions abroad. For information on State Department records go to:

FAM (Foreign Affairs Manual), Foreign Affairs Regulation, 1 FAM - for

description of the organization and functions of the Department

Department of State Records - for a listing of records by bureau or office

Government Information Locator Service (GILS)

Through the Privacy Act, you may request access to records about yourself, if

you are a U.S. citizen or permanent resident alien, that are kept in

name-retrievable form by the Department of State. These records include, for

example, visa, consular, personnel, medical, security, and administrative. For

information on name-retrievable records, see Government Printing Office's

Privacy Act Issuances, 1995 Compilation.

Does the State Department keep all of its records?

No. Records no longer needed by an office, are destroyed or retired in

accordance with a Records Disposition Schedule approved by the National

Archives and Records Administration.

Permanent records will be retired to an agency storage facility or a Federal

Records Center and eventually transferred to the National Archives, which is

responsible for providing public access to the permanent records of the Federal

Government.

Temporary records will be destroyed either in the office or after they have been

retired. By law, no records can be destroyed without an approved Records

Disposition Schedule.

What is a Records Disposition Schedule?

A records disposition schedule identifies categories of records created and

maintained by the agency, whose final disposition has been approved by NARA.

The schedule provides mandatory instructions for what to do with records (and

nonrecord materials) no longer needed for current Government business.

What is the difference between a permanent and a temporary record?

A permanent record is one that NARA has appraised (through a records

disposition schedule) as having sufficient historical or other value to warrant

continued preservation. A temporary record is one which NARA has approved

for disposal either immediately or after a specified period of time.

When are State Department records transferred to the National Archives?

Under Executive Order 12958, permanent records must be reviewed,

declassified and transferred to the National Archives at 25 years of age. These

records then become the property of the National Archives. For requests for such

records, see the Introduction of the Gopher Menu maintained by NARA. It gives

directions for retrieving documents from NARA. For more information on State

Department records at the National Archives, see our Records at the National

Archives and the National Archives and Records Administration website.

Are all records released when they become 25 years old?

No. Certain categories of information may be protected from disclosure beyond

25 years, for example, information which would cause an unwarranted invasion of

personal privacy, privileged trade secrets, commercial and financial information,

and national security information classified under an executive order.

What is "classified" information?

Information about the national defense or foreign relations of the United States

which requires protection against unauthorized disclosure may be "classified"

under the terms of Executive Order 12958 (E.O. 12958). Classified records

contain such information, appropriately identified and marked according to Parts

One and Two of E.O. 12958. Access to classified information requires a security

clearance and a need to know.

How are State Department records organized?

State Department records are organized into three basic file series: the Central

Foreign Policy file, Post files, and Lot files. The Central Foreign Policy file

contains all telegrams sent or received by the State Department and selected

internal memoranda, written correspondence, diplomatic notes, congressionals,

memorandums of conversations and documents from other agencies. Post files are

the records of U.S. embassies, consulates and other diplomatic missions abroad.

Lot files are collections of records generated by offices in the Department of

State.

What is the official filing system for State Department’s records?

The Department’s official filing system, called Traffic Analysis by Geography and

Subject (TAGS) and Terms provides an easy to use, subject-oriented means to

store and find information.

2) About the Freedom of Information Act (FOIA)

What is the purpose of FOIA?

The FOIA gives a person the right to request access to Federal records.

However, some records may be protected from release, including but not limited

to:

a. National security records which have been classified

under

an executive order, and remain classified;

b. Records the disclosure of which would constitute an

unwarranted invasion of and individual's personal

privacy;

c. Records compiled for law enforcement purposes;

d. Records protected from release by statute

For the complete list of FOIA exemptions, go to the Text of the 1996 FOIA.

How do I make a FOIA request?

FOIA requests must be made in writing. You may FAX (202-261-8580) or mail

-- but not Email -- your request. Describe the records you are seeking as clearly

and precisely as you can (See the Department's regulations concerning FOIA

requests at 22CFR171.10-17). Include a daytime telephone number in case we

need to contact you. State your willingness to pay the applicable fees or provide a

justification to support a fee waiver. Write "Freedom of Information Act Request"

on the envelope and send it to: Margaret P. Grafeld, Information and Privacy

Coordinator, U.S. Department of State, A/RPS/IPS, SA-2, Washington, D.C.

20522-6001. If you want help with your request letter, go to Making A FOIA

Request.

Will I be charged for making a FOIA request?

The State Department is entitled to charge a fee to recover the costs of document

search, duplication and review. Under certain conditions, documents may be

furnished without charge or at a reduced charge. For determining when fees may

be waived or reduced, go to 22 CFR 171.15.

What happens when the State Department receives my FOIA request?

The State Department will respond to your request within 20 working days of its

receipt. The response will advise you of the date of receipt, the case number

assigned to your request, and whether or not the records you are seeking are

under the Department's control. Whenever possible, the records requested will be

furnished within 20 working days. In general, requests are sorted according to the

amount of work or time involved in responding to them, so that relatively simpler

requests may be processed more quickly. If a request presents unusual

circumstances -- such as the volume of the records sought -- you will be notified

and offered an opportunity to limit the scope of your request in order to facilitate

its processing. You will receive a substantive response when your request is

fulfilled, denied in part or denied in full. If your request is complex, you may

receive more than one substantive response. For further information about

processing FOIA requests, go to 22 CFR 171, Subpart B.

Will I receive documents dating up to the date when the search is conducted for the

records I

requested?

No. The Department has established that the cut-off date for retrieving records is

the date of the initial request letter. Only records that were created on or before

the date of your request will be retrieved. This makes the process manageable for

the Department, and keeps the requester's costs down as well. Many requests

require multiple searches, and searches are conducted on a first-come, first-serve

basis within each track. Extending the cut-off date to the date of each search

would result in multiple cut-off dates, and confusion all around. It is quicker and

more efficient to use one date as a cut-off for retrieving documents. This also

means that requesters who want to "up-date" a request in order to receive

records created after the date of the initial request must file a new request. Notice

of this procedure is sent to each requester in the Department's acknowledgment

letter. It will soon be included in the Department's FOIA regulations.

Will I receive all the records I've asked for?

It is the State Department’s policy to release information to the maximum extent

possible. If some information must be deleted from a record which is released in

part, the amount of information deleted will be indicated at the place where the

deletion is made. If an entire record is withheld, you will be informed of the

volume -- number of documents, for example -- which has not been released.

Can I appeal a decision of denial of access?

Yes, if your request is denied or material is withheld, you may file an appeal. For

a description of the appeals process and a sample letter appealing a decision to

withhold material, go to Appealing A FOIA or Privacy Decision.or 22 CFR 171,

Subpart B.

Can I appeal a decision not to waive or reduce fees?

Yes, for a description of the appeals process and a sample letter appealing a

decision not to waive or reduce fees, go to Appealing A FOIA or Privacy

Decision. Also refer to 22 CFR 171, Subpart B, for State Department

regulations.

3) About the Privacy Act

What is the purpose of the Privacy Act?

The Privacy Act is a Records Management act that provides safeguards against

invasion of personal privacy through the misuse of records by Federal

agencies. Congress passed the Act in 1974 to establish controls over what

personal information is collected, maintained, used and disseminated by the

Federal government. The Act applies to records about individuals maintained by

agencies in the executive branch of the Federal government. The Privacy Act

guarantees three primary rights: 1) the right to see records about oneself, subject

to Privacy Act exemption; 2) the right to request the amendment of records that

are not accurate, relevant, timely or complete; and 3) the right to bring civil action

against the Department for violations of the statute--including permitting others to

see another person's records, unless specifically permitted by the act.

What records can be requested under the Privacy Act?

The Privacy Act is concerned essentially with name-retrievable records systems.

Examples of such systems would include passport, medical, and employment

records. For a description of State Department systems of records maintained on

individuals, go to the Government Printing Office's Privacy Act Issuances, 1995

Compilation. For the State Department's regulations concerning Privacy Act

requests, go to Subpart C of 22 CFR 171.

Who can request records under the Privacy Act?

You must be a United States citizen or an alien lawfully admitted for permanent

residence to the U.S. to make a request for Privacy Act records.

How do I request my own records?

You do not need a special form. Make your request in writing and provide your

full name and date and place of birth. Provide other names you have used.

Describe the records you believe the Department of State maintains about you

and why. Give an approximate time period if you are asking about a specific

event. Sign and date the letter, and mail it (do not fax it) to:

Margaret P. Grafeld, Information & Privacy Coordinator

U.S. Department of State

A/RPS/IPS, SA-2

Washington, D.C. 20522-6001

Will there be a charge for documents obtained under the Privacy Act?

No. The Department of State does not charge for initial release of documents

under the Privacy Act request. However, the Department may charge $0.25 per

page for subsequent copies.

May I request records pertaining to another individual?

Yes, you may request records concerning another individual, with their written

permission. This kind of request is called a "third party request". A third party

request that is accompanied by proper written consent will be processed as if it

were made by the first party. Requests not accompanied by written consent may

result in a denial of access pursuant to subsection (b)(6) of the FOIA. The

person’s written consent requires an original signature that must be notarized.

or

If you are unable to visit a notary, you may instead have the individual attest to the

truth and correctness of the authorization by adding the following statement to the

consent form:

"I certify under penalty of perjury under the laws of the United

States of America, that the foregoing is true and correct."

This statement is then signed by the individual who the records pertain to, and

must be an original, not a copy or fax.

What if I want the records of a deceased individual?

You may request the records of a deceased person if you can provide proof of

death. You should provide the person’s date and place of birth and a copy of the

death certificate or a newspaper obituary. You should explain the type of material

you seek and why you think that the Department of State would have records.

Your request will be processed under provisions of the FOIA.

What if I am not a US citizen or permanent resident alien and I want records about

myself?

You may request records concerning yourself, even if you are not a US citizen,

but your request will be processed under the Freedom of Information Act--not

Privacy.

How do I decide which Act - the Freedom of Information Act or the Privacy Act -

pertains to the

records I want?

You do not have to make that decision. When a request is received at the State

Department, the Freedom of Information and Privacy Act staff members will

process your request according to the act that assures the greatest access

permitted by law.

*For information about what happens when the Department receives your Privacy Act request,

and making an appeal, refer to the appropriate FAQ in the About the Freedom of Information

(FOIA) section above or go to 22 CFR 171 in the Reference section.