April
23, 1998
M-98-09
MEMORANDUM FOR THE
HEADS OF EXECUTIVE AGENCIES
FROM: Franklin
D. Raines /S/
- SUBJECT: Updated
Guidance on Developing a Handbook for Individuals Seeking
-
Access to Public Information
On
October 2, 1996, the President signed into law the "Electronic Freedom
of Information Act Amendments of 1996" (Pub. L. 104-231). On April
7, 1997, I issued guidance (OMB Memorandum M-97-10) on Section 11,
which requires each agency to issue reference material or a guide
for requesting records or information from the agency. The purpose
of this memorandum is to rescind M-97-10 and reissue this guidance.
Section
11 amended the Freedom of Information Act (FOIA) by adding 5 U.S.C.
552(g), which states:
"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, 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."
The
purpose of this "reference material" or "guide" is to provide the
public with reference tools on how to find and obtain public information.
This provision is in effect as of March 31, 1997.
With
respect to paragraphs (1) and (2), an agency must place its index
and description of major information and record locator systems
in its reference material or guide. We expect that this index and
description would include an agency's Government Information Locator
Service (GILS) presence as well as any other major information and
record locator systems the agency has identified. The requirements
of GILS are described in the attached OMB Bulletin 95-01, "Establishment
of Government Information Locator Service."
With
respect to paragraph (3), each agency should prepare a handbook
that describes in one place the various ways by which a person can
obtain public information from the agency, as well as the types
and categories of information available. In preparing the handbook
each agency should review the dissemination policies and practices
set out in OMB Circular A-130, "Management of Federal Information
Resources." The handbook should be in plain English and user-friendly.
Where applicable, it should indicate that the public is encouraged
to access information electronically via the agency's home page
or to search in its reading room, and that the public may also submit
a request to the agency under the Freedom of Information Act. "Types
and categories" of available information will vary from agency to
agency, and agencies should describe their information resources
in whatever manner seems most appropriate.
Although
the law does not require that the handbook be available on-line,
OMB encourages agencies to do so as a matter of policy. The handbook
should include the following elements:
- The location of reading
rooms within the agency and within its major field offices, as
well as a brief description of the types and categories of information
available.
- The location of the
agency's World Wide Web home page.
- A reference to the
agency's FOIA regulations and how to get a copy.
- A reference to the
agency's FOIA annual report and how to get a copy.
- The location of the
agency's GILS page.
- A brief description
of the types and categories of information generally available
from the agency.
In
addition, if there is an on-line version, it should have electronic
links to these elements wherever they exist.
If
an agency already has a document that addresses how the public can
obtain agency information, such as a customer service handbook or
a FOIA requester's handbook, the agency should review the document
and revise it, if necessary, to reflect the new requirements.
Should
your staff have any questions regarding this memorandum, they may
contact Virginia Huth in the Office of Information and Regulatory
Affairs at the Office of Management and Budget at (202) 395-3785.
Attachment
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