U.S. Department of Justice Vol. XVII, No. 4
Office of Information and Privacy Fall 1996
-------------------------------------------------------------------------------
FOIA UPDATE
-------------------------------------------------------------------------------
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
. . . Text of the FOIA as Amended
(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, [STRICKEN=>] or staff manual or instruction,[<=END]
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 prec-
edent 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
[STRICKEN=>](A)[<=END] (i) reasonably describes such records and
[STRICKEN=>](B)[<=END] (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 pur-
poses 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.
[STRICKEN=>]
[(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 assign-
ed for hearing and trial or for argument at the earliest practicable date and
expedited in every way. [<=END] 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 pro-
ceeding 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 sub-
mitted, shall submit his findings and recommendations to the administrative
authority of the agency concerned and shall send copies of the findings and rec-
ommendations 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 [STRICKEN=>]ten days[<=END] 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.
[STRICKEN=>]
(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.
[<=END]
(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 esti-
mate 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 provi-
ding 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 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 en-
forcement 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 proceed-
ings, 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.
[STRICKEN=>]
(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 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.
[<=END]
(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.
[STRICKEN=>]
(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.
[<=END]
(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 effec-
tive 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.