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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" (P.L. 104-231). The purpose
of this memorandum is to provide guidance to agencies on Section
11, which requires each agency to issue reference material or
a guide for requesting records or information from the agency.
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 can satisfy these requirements by establishing
a Government Information Locator Service (GILS) presence. The
requirements for GILS are described in
OMB Bulletin 95-01, "Establishment of Government Information
Locator Service."
With respect to paragraph
(3), each agency should prepare a document 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 document, each agency should review
the dissemination policies and practices set out in OMB Circular
No. A130, "Management of Federal Information Resources."
The document 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.
This document should
be available in paper format as well as electronically, and should
include the following:
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 Freedom of Information Act annual report and
how to get a copy,
the location
of the agency's GILS page; and
a brief description
of the types and categories of information generally available
from the agency.
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
in the Office of Management and Budget at (202) 395-3785.
