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Public Handbook for Gaining Access to
OMB Information
You may gain
access to OMB information in a number of ways, through --
This Handbook
explains how you can obtain OMB information.
The Freedom
of Information Act.
The Freedom
of Information Act (FOIA), which is found in 5 U.S.C 552, is a law that
gives a person the right to obtain Federal agency records unless the records
(or parts of the records) are protected from disclosure by any of the
nine exemptions contained in the law. The FOIA was recently amended by
the Electronic Freedom of Information Act Amendments of 1996 ("E-FOIA
Amendments").
Regulations
that set forth procedures for requesting OMB records under the FOIA are
published at 5 CFR Part 1303. The CFR can be found in all law libraries
and Federal depositary libraries. You may also obtain a copy from OMB
at the address listed below or at OMB's home page (see below). These regulations
have been amended to incorporate changes adopted by the E-FOIA Amendments.
OMB makes
available in its Public Reading Room and in the Regulatory/Paperwork Records Management Center information pertaining to matters issued, adopted, or promulgated
by OMB; these are commonly known as "reading room materials." These materials
include the Federal Budget, OMB Circulars, selected OMB Bulletins, regulations
and information collections reviewed by OMB, other policies and management
documents, and OMB's Annual FOIA Report. Many of these documents are also
available through OMB's Internet Home Page (see below).
In addition
to gaining access to reading room materials, requesters may also file
FOIA requests with OMB to obtain records. It is important to understand
that there is no central office in the government which processes FOIA
requests for all agencies; each Federal agency responds to FOIA requests
for records in its own files. Thus, the public may submit FOIA requests
to OMB to obtain records that are in OMB's files. Please be aware the
FOIA does not require agencies to do research, to analyze data, to answer
written questions, or to create records in order to respond to a request.
Individuals wishing to file a FOIA request must address their request in
writing to the FOIA Officer, Office of Management and Budget, 725 17th Street
NW, Room 9026, Washington, DC 20503, phone (202) 395-7250. Requests for
information should be as specific as possible. Requesters should consult
OMB's FOIA regulations, which outline the procedures governing the FOIA
request process; a brief summary of that process follows.
Upon receipt
of a FOIA request, the FOIA Officer will determine within 20 days (excepting
Saturdays, Sundays and legal public holidays) after the receipt of such
request whether it is appropriate to grant the request. (The time period
for providing a response may be extended under the FOIA; in addition,
in certain circumstances, requesters may receive an "expedited" response.)
OMB will provide a written response to the FOIA request; if the request
is denied in whole or in part, OMB will notify the requester of the denial,
and of the requester's right to file an appeal within OMB (the appeal
should be sent to the address above). If OMB denies an appeal in whole
or in part, the requester may seek judicial review of that denial.
Fees
for FOIA Requests.
Agencies
may charge fees for responding to FOIA requests. The FOIA divides requesters
into four categories for fees:
- Commercial
use requesters. When OMB receives a request for documents for
commercial use, it will assess charges that recover the full direct
cost of searching for, reviewing for release, and duplicating the
records sought.
- Educational
and non-commercial scientific institution requests. OMB shall
provide documents to requesters in this category for the cost of reproduction
alone, excluding charges for the first 100 pages.
- Representatives
of the news media. OMB shall provide documents to requesters in
this category for the cost of reproduction alone, excluding charges
for the first 100 pages.
- All
other requesters. OMB shall charge requesters who do not fit into
any of the categories above fees that recover the full reasonable
direct cost of searching for and reproducing records that are responsive
to the request, except that the first 100 pages of reproduction and
the first two hours of search time shall be furnished without charge.
OMB may
waive fees, in whole or in part, 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." In
certain circumstances, OMB may request advance payment of fees.
Privacy
Act.
Information
may also be requested from OMB under the Privacy Act, 5 U.S.C. 552a. Privacy
Act requests for information in OMB's files must be in writing, and sent
to the same address as FOIA requests (above). Compared to some other agencies,
OMB has relatively few records that are subject to the Privacy Act, and
historically has received only a small number of Privacy Act requests.
OMB's Privacy Act regulations are published at 5 CFR Part 1302.
You may access the OMB home page at www.whitehouse.gov/OMB.
The home page contains information on OMB's mission, a description of OMB's
organization structure, current recruiting information, and employment opportunities.
The section under FOIA contains OMB's FOIA regulations,
this handbook, OMB's FOIA Annual Reports, and
a link to OMB's Government Information Locator System
(GILS), which is an index of OMB's major information systems and record
locator systems.
In addition,
the home page provides access to the latest copy of the President's Federal
Budget, as well as other OMB documents. Electronic versions of OMB documents
are intended to provide broad public access to the text of OMB directives
and other key information. Documents available over the Internet include
the following:
- OMB
Circulars. These are instructions or information issued by OMB to
Federal agencies that is expected to have a continuing effect of two
years or more. The Circulars are presented by numerical sequence as
well as by major category.
- Selected
OMB Bulletins. These bulletins provide guidance to Federal agencies
of a more transitory nature that would normally expire after one
or two years.
- Selected
OMB Memoranda. A memorandum to heads of executive departments
and establishments is used to announce new policy or to remind agencies
of existing policies.
- Regulations
and Paperwork under OMB review. This report is updated daily
and lists regulation reviews and paperwork reviews currently pending
at OMB or that were completed in the last 30 days. These regulation
and paperwork reviews are done under the Executive Order 12866, "Regulatory
Planning and Review" and the "Paperwork Reduction Act of 1995" (44
U.S.C. 3502 et seq.).
- Financial
Management policies and Grants Management circulars and related documents.
- Federal
Register submissions are copies of proposed and final rules OMB
has submitted to the Federal Register.
- OMB
Testimony.
- Statements
of Administration Policy on Non-Appropriations and Appropriation Bills.
A public
reading area is located in the Executive Office of the President Library,
Room G-102, New Executive Office Building, 725 17th Street NW, Washington,
DC 20503, phone (202) 395-5715.
OMB also maintains the Office of Information and Regulatory Affairs (OIRA)
Records Management Center, Room 10102, New Executive Office Building, 725
17th Street NW, Washington, DC 20503, phone (202) 395-6880. The Records Management Center
contains records related to information collections sponsored by the Federal
government and reviewed by OIRA under the Paperwork Reduction Act of 1995.
The Records Management Center also maintains records related to proposed Federal agency
regulatory actions reviewed by OIRA under Executive Order 12866, "Regulatory
Planning and Review." Telephone logs and materials from meetings with the
public attended by the OIRA Administrator are also available in the Records Management Center.
Persons
desiring to visit the public reading area or OIRA Records Management Center must
write or telephone ahead to make an appointment. Security in the New Executive
Office Building prevents visitors from entering the building without an
appointment.
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