112-529: The National Archives and Records Administration ( NARA ) is an independent agency of the United States government within the executive branch, charged with the preservation and documentation of government and historical records. It is also tasked with increasing public access to those documents that make up the National Archives. NARA is officially responsible for maintaining and publishing
224-616: A Cabinet secretary) and the Executive Office of the President . In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch , have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by Congress , each respective statutory grant of authority defines
336-400: A "representative". This means that for any FOIA request that by its nature appears as if it might have been made by or on behalf of a non-U.S. governmental entity, a covered agency may inquire into the particular circumstances of the requester in order to properly implement this new FOIA provision. The agencies affected by this amendment are those that are part of, or contain "an element of",
448-581: A FOIA request with the U.S. Attorney General and the FBI requesting copies of all their documents relating to the role of former FBI Director L. Patrick Gray in the Watergate scandal . The FBI had over 5,000 pending FOIA requests at the time and did not respond within the statutory 20-day limit. Open America sued in the U.S. District Court for the District of Columbia , and the court issued an order commanding
560-448: A commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members , subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have
672-677: A database of 185,000 digitized documents that have been annotated through founding fathers papers projects at five university presses over the past 50 years. In addition to the University of Virginia's, the presses include those at Columbia , Harvard , Princeton , and Yale . In 2006, the NARA's Office of the Inspector General created the Archival Recovery Team to investigate thefts and recover records stolen from
784-573: A federal judge for the District Court for the District of Columbia ruled against the National Archives that the records must be preserved stating, "NARA's approval of the schedule was arbitrary and capricious on the grounds that NARA failed to evaluate the research value of the ICE records and that NARA failed to address significant and relevant public comments." In January 2020, a Washington Post reporter noticed blurred protest signs in an image of
896-526: A narrower sense, the term independent agency refers only to these independent regulatory agencies that, while considered part of the executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. Their officers can be protected from removal by
1008-678: A possible 100 points. Eight of the ten earned Ds, including the Department of Homeland Security (69 percent), Department of Transportation (68 percent), United States Department of the Treasury (Treasury) (68 percent), the Environmental Protection Agency (EPA) (67 percent), the United States Department of Labor (63 percent), the United States Department of Veterans Affairs (64 percent),
1120-534: A refusal to do so is justified by one of the Act's specific, exclusive exemptions. Especially where, as here, an agency's responses to a request for information have been tardy and grudging, courts should be sure they do not abdicate their own duty. In 2015, the Center for Effective Government analyzed 15 federal agencies which receive the most FOIA requests in-depth. The organization used a scale considering three factors:
1232-481: A requestor's verifiable relation to a subject of interest, restricted files may be obtainable under the Freedom of Information Act (FOIA). Since 2005, NARA has held annual Genealogy Fairs with guest speakers and research workshops. These events are free of charge and are designed for interested individuals of any skill level. Materials from past Genealogy Fairs are available on the National Archives website. In 2010,
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#17327723758351344-452: A warrant for a search of the residence in August 2022. NARA's holdings are classed into "record groups" reflecting the governmental department or agency from which they originated. Records include paper documents, microfilm , still pictures, motion pictures, and electronic media. Archival descriptions of the permanent holdings of the federal government in the custody of NARA are stored in
1456-553: Is government "redaction" of certain passages deemed applicable to the Exemption section of the FOIA. Federal Bureau of Investigation (FBI) officers in charge of responding to FOIA requests "so heavily redacted the released records as to preclude needed research." This has also brought into question just how one can verify that they have been given complete records in response to a request. This trend of unwillingness to release records
1568-804: Is not specifically identified as requiring continued secrecy. The Dodd–Frank Wall Street Reform and Consumer Protection Act , signed into law in July 2010, included provisions in section 929I that shielded the Securities and Exchange Commission (SEC) from requests under the Freedom of Information Act. The provisions were initially motivated out of concern that the FOIA would hinder SEC investigations that involved trade secrets of financial companies, including "watch lists" they gathered about other companies, trading records of investment managers, and "trading algorithms" used by investment firms. In September 2010,
1680-724: Is one of many initiatives that we are launching to make our goal a reality. For the first time, the public will be able to view this collection of rare and unusual films on the Internet. On January 10, 2007, the National Archives and Fold3.com (formerly Footnote) launched a pilot project to digitize historic documents from the National Archives holdings. Allen Weinstein explained that this partnership would "allow much greater access to approximately 4.5 million pages of important documents that are currently available only in their original format or on microfilm" and "would also enhance NARA's efforts to preserve its original records." In July 2007,
1792-419: Is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act
1904-646: The Federal Register , 5 U.S.C. § 552(a)(1)(C), and to make available for public inspection and copying their opinions, statements of policy, interpretations, and staff manuals and instructions that are not already published in the Federal Register , § 552(a)(2). In addition, § 552(a)(3) requires every agency, "upon any request for records which ... reasonably describes such records" to make such records "promptly available to any person." By § 552(a)(4)(B) if an agency improperly withholds any documents,
2016-772: The 111th Congress passed an act repealing those provisions. The act was introduced in the Senate on August 5, 2010 as S.3717 and given the name "A bill to amend the Securities Exchange Act of 1934 , the Investment Company Act of 1940 , and the Investment Advisers Act of 1940 to provide for certain disclosures under section 552 of title 5, United States Code, (commonly referred to as the Freedom of Information Act), and for other purposes." A major issue in released documentation
2128-484: The 2017 Women's March at the Archives' public exhibit. Some of the edited signs contained potentially offensive language, and some mentioned president Donald Trump . Besides censoring language, the changes altered the meaning of some protest signs. The agency defended the edits and said they were made "so as not to engage in current political controversy", but admitted it "made a mistake ... we were wrong to alter
2240-460: The Cold War and other historical events to be discussed openly. The Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) stated that all agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. Agencies must also provide electronic reading rooms for citizens to use to have access to records. Given
2352-679: The Equal Employment Opportunity Commission , the Department of Health and Human Services , the SEC, the DOJ, and the EPA, even decreased marginally. Since 2020, election officials across the U.S. have reported an overwhelming increase in records requests from apparent election deniers attempting to disrupt the functioning of local and county election offices. Often unreasonably broad, repetitive, or based on misinformation,
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#17327723758352464-432: The Executive Office of the President are to be preserved and transferred to the National Archives at the end of a president's administration. The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The Archivist not only maintains the official documentation of the passage of amendments to the U.S. Constitution by state legislatures, but has
2576-540: The Federal Records Act to follow approved records schedules. All records maintained by the executive branch must be properly identified by NARA and authorized for eventual destruction or appraised to be of permanent historical or legal value to be preserved and made available to the public. Only two to three percent of records created by the federal government are deemed to be of permanent value. The Presidential Records Act mandates that all records created by
2688-735: The Marine Corps , the FBI, the Department of the Treasury , the Department of Energy , and the Coast Guard , the Department of Homeland Security, the Bureau of Intelligence and Research in the Department of State, and "such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of
2800-635: The National Security Archive revealed that the National Archives budget (when adjusted for inflation) has not increased since 1991 despite the exponential growth of electronic records created by the federal government. Under the first Trump Administration , the National Archives had significant difficulty maintaining historical records as the President would often rip, flush, and otherwise discard records, which would then have to be reconstructed and reclaimed by White House and NARA archivists. Additionally, according to multiple former staff,
2912-693: The Office of Legal Counsel Antonin Scalia advised the bill was unconstitutional and even telephoned the CIA asking them to lobby a particular White House staffer. President Ford was persuaded to veto the bill on October 17, 1974, according to documents declassified in 2004. However, on November 21, the lame-duck Congress overrode President Ford's veto, giving the United States the core Freedom of Information Act still in effect today, with judicial review of executive secrecy claims. Scalia remained highly critical of
3024-764: The Securities and Exchange Commission , the Federal Reserve , the Commodity Futures Trading Commission , the Federal Deposit Insurance Corporation , and the Consumer Financial Protection Bureau . Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency , serve "at
3136-472: The U.S. Postal Service from disclosure of "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed". A federal court has concisely described the vital role of the FOIA in democracy: It has often been observed that the central purpose of the FOIA is to "open … up
3248-404: The United States Department of Defense (61 percent), the Securities and Exchange Commission (61 percent). The Department of Health and Human Services and the Department of State earned an F. The State Department's score (37 percent) was dismal due to its extremely low processing score of 23 percent, which was completely out of line with any other agency's performance. Scores of five agencies,
3360-566: The White House 's opposition, Congress expanded Section 3 of the APA as a standalone measure in 1966 to further standardize the publication of government records, consistent with the belief that the people have the "right to know" about them. The Privacy Act of 1974 was passed as a countervailing measure to ensure the security of government documents increasingly kept on private citizens. The act explicitly applies only to government agencies under
3472-438: The executive branch . These agencies are required by several mandates to comply with public solicitation of information. Along with making public and accessible all bureaucratic and technical procedures for applying for documents from that agency, agencies are also subject to penalties for hindering the process of a petition for information. According to the act, if "agency personnel acted arbitrarily or capriciously with respect to
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3584-951: The "intelligence community". As defined in the National Security Act of 1947 (as amended), they consist of the CIA , the National Security Agency , the Defense Intelligence Agency , the National Imagery and Mapping Agency , the National Reconnaissance Office (and certain other reconnaissance offices within the Department of Defense), the intelligence elements of the Army, the Navy , the Air Force , and
3696-673: The 1974 amendments, writing years later that "It is the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored." Scalia particularly disliked the availability of judicial review, decrying that if "an agency denies a freedom of information request, shazam!—the full force of the Third Branch of the government is summoned to the wronged party's assistance." Those amendments to
3808-546: The 2023 NDAA, NARA had been given a legal deadline of 60 days, for the Archivist to "commence establishment of a collection of unidentified anomalous phenomena." According to NARA, the "Unidentified Anomalous Phenomena (UAP) Records Collection will consist of 'copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with
3920-539: The 90th Congress), repealed the original and put in its place a substantively identical law. This statute was signed on June 5, 1967, and had the same effective date as the original statute: July 4, 1967. Following the Watergate scandal , President Gerald R. Ford wanted to sign FOIA-strengthening amendments in the Privacy Act of 1974 , but White House Chief of Staff Donald Rumsfeld and deputy Dick Cheney were concerned about leaks. Assistant Attorney General for
4032-874: The Act." In conjunction with the FOIA, the Privacy Act is used to further the rights of an individual gaining access to information held by the government. The Justice Department's Office of Information and Privacy and federal district courts are the two channels of appeal available to seekers of information. In 1976, as part of the Government in the Sunshine Act , Exemption 3 of the FOIA was amended so that several exemptions were specified: Between 1982 and 1995, President Ronald Reagan's Executive Order 12356 allowed federal agencies to withhold enormous amounts of information under Exemption 1 (relating to national security information), claiming it would better protect
4144-552: The Archives, in a cooperative agreement with the University of Virginia Press , created Founders Online , a website for providing free public access to the papers and letters of seven of the nation's most influential founders: John Adams , Benjamin Franklin , Alexander Hamilton , John Jay , Thomas Jefferson , James Madison , and George Washington . Launched three years later, in 2013, the website currently provides access to
4256-539: The Center for Election Innovation & Research found at least 13 states that have sought to protect election staff from the abuse of FOIA requests in several ways, such as creating publicly accessible databases that do not require staff assistance and giving election staff the authority to deny unreasonable or clearly frivolous requests. Starting in 2012, the Federal government job title Government Information Specialist
4368-672: The Clinton Administration appealed to the U.S. Court of Appeals , stating that the National Security Council was not truly an agency but a group of aides to the President and thus not subject to FOIA regulations. Under the Presidential Records Act, "FOIA requests for NSC [could] not be filed until five years after the president ha[d] left office ... or twelve years if the records [were] classified." The Clinton administration won, and
4480-449: The FBI and Office of Information and Privacy put forth "stony resistance" to the FOIA appeal process. A murder trial decided in 1993, Department of Justice v. Landano , 508 U.S. 165 (1993), involved what was alleged to be a felony murder committed during a group burglary by defendant Landano. Justice Sandra Day O'Connor wrote the unanimous opinion. "In an effort to support his claim in subsequent state court proceedings that
4592-542: The FBI and the CIA. Second, congressional funding for agency staff to handle FOIA requests is usually far less than the necessary amount to hire sufficient employees. As a result, parties who request information under FOIA often end up filing lawsuits in federal court seeking judicial orders forcing the agencies to comply with their FOIA requests. The first major case of this type was the 1976 case Open America v. Watergate Special Prosecution Force , in which Open America had filed
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4704-477: The FBI to either immediately comply with or deny Open America's request. The government appealed to the U.S. Court of Appeals for the D.C. Circuit , which found that FOIA requests could be categorized into "simple" and "difficult" requests, and that although Open America's request was "difficult", the FBI had been using "due diligence" in responding to it. The court held that because there was no pressing urgency to Open America's request, its lawsuit did not move it to
4816-511: The FBI's claim of confidentiality as being a valid reason to withhold information. "While most individual sources may expect confidentiality, the Government offers no explanation, other than administrative ease, why that expectation always should be presumed." Thus, when Theoharis and company were in the middle of fighting in court to obtain J. Edgar Hoover files, they may well have benefited from Landano and also Janet Reno 's assertions of
4928-715: The FOIA (pertaining mainly to intelligence agencies) entitled "Prohibition on Compliance with Requests for Information Submitted by Foreign Governments": Section 552(a)(3) of title 5, United States Code, is amended— (1) in subparagraph (A) by inserting "and except as provided in subparagraph (E)", after "of this subsection"; and (2) by adding at the end the following: In effect, this new language precluded any covered U.S. intelligence agency from disclosing records in response to FOIA requests made by foreign governments or international governmental organizations. By its terms, it prohibits disclosure in response to requests made by such non-U.S. governmental entities either directly or through
5040-637: The FOIA into law. That law was initially repealed. During the period between the enactment of the act and its effective date, Title 5 of the United States Code was enacted into positive law. For reasons now unclear but which may have had to do with the way the enactment of Title 5 changed how the law being amended was supposed to be cited, the original Freedom of Information Act was replaced. A new act in Pub. L. 90–23 , 81 Stat. 54 , enacted June 5, 1967 (originally H.R. 5357 in
5152-422: The FOIA regulate government control of documents that concern a citizen. They give one "(1) the right to see records about [one]self, subject to the Privacy Act's exemptions, (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete, and (3) the right to sue the government for violations of the statute including permitting others to see [one's] records unless specifically permitted by
5264-683: The Freedom of Information Act (FOIA) was moved from its original home in Section 3 of the Administrative Procedure Act (APA). Section 3 of the APA, as enacted in 1946, gave agencies broad discretion concerning the publication of governmental records. Following concerns that the provision had become more of a withholding than a disclosure mechanism, Congress amended the section in 1966 as a standalone act to implement "a general philosophy of full agency disclosure." The amendment required agencies to publish their rules of procedure in
5376-503: The NHPRC has awarded some 4,500 grants. The Office of Government Information Services (OGIS) is a Freedom of Information Act (FOIA) resource for the public and the government. Congress has charged NARA with reviewing FOIA policies, procedures, and compliance of federal agencies and to recommend changes to FOIA. NARA's mission also includes resolving FOIA disputes between federal agencies and requesters. Originally, each branch and agency of
5488-509: The National Archives Catalog. The archival descriptions include information on traditional paper holdings, electronic records, and artifacts. As of December 2012, the catalog consisted of about 10 billion logical data records describing 527,000 artifacts and encompassing 81% of NARA's records. There are also 922,000 digital copies of already digitized materials. Most records at NARA are in the public domain , as works of
5600-570: The National Archives announced it would make copies of its collection of Universal Newsreels from 1929 to 1967 available for purchase through CreateSpace , an Amazon.com subsidiary. During the announcement, Weinstein noted that the agreement would "... reap major benefits for the public-at-large and for the National Archives." Adding, "While the public can come to our College Park, Maryland, research room to view films and even copy them at no charge, this new program will make our holdings much more accessible to millions of people who cannot travel to
5712-457: The National Archives began entering into public–private partnerships in 2006. A joint venture with Google will digitize and offer NARA video online. When announcing the agreement, Archivist Allen Weinstein said that this pilot program is ... an important step for the National Archives to achieve its goal of becoming an archive without walls. Our new strategic plan emphasizes the importance of providing access to records anytime, anywhere. This
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#17327723758355824-676: The National Archives in accordance with section 2107 of title 44, United States Code." The most well-known facility of the National Archives and Records Administration is the National Archives Building (informally known as "Archives I"), located north of the National Mall on Constitution Avenue in Washington, D.C. A sister facility, known as the National Archives at College Park ("Archives II")
5936-545: The National Archives in accordance with the Presidential Records Act. In February 2022, U.S. Attorney General Merrick Garland announced that the National Archives had notified the Justice Department that it found classified documents within boxes provided to them from the former-president Donald Trump's residence at Mar-a-Lago . After further investigation, the Federal Bureau of Investigation executed
6048-518: The National Archives is dedicated to two main functions: public engagement and federal records and information management. The National Archives administers 15 Presidential Libraries and Museums , a museum in Washington, D.C., that displays the Charters of Freedom, and 15 research facilities across the country. The agency's online catalog makes available over 160 million records ranging from before
6160-889: The National Security Archive was not granted a writ of certiorari by the Supreme Court on these grounds. According to Scott Armstrong, taking into account labor and material costs, the three presidential administrations spent almost $ 9.3 million on contesting the National Security Archive FOIA requests for PROFS e-mail records. In 2013, the Associated Press uncovered several federal agencies where staff regularly used fictitious identities and secret or unlisted email accounts to conduct government business. The use of these email accounts stymied FOIA requests. In some cases,
6272-413: The President would ask to keep certain records that otherwise would be returned. As part of its role in receiving and authenticating Electoral College votes, the agency intercepted and rejected forged certificates of ascertainment from Trump allies in seven states who were strategizing to overturn the 2020 presidential election . Upon leaving office in 2021, Donald Trump delayed providing material to
6384-407: The U.S. government was responsible for maintaining its own documents, which often resulted in the loss and destruction of records. Congress created the National Archives Establishment in 1934 to centralize federal record-keeping, with the Archivist of the United States serving as chief administrator. R. D. W. Connor was chosen to be the first leader of the organization. After a recommendation by
6496-417: The U.S. government's security classification system. Most people who access records at NARA are genealogists or family historians. While many records are available online through the National Archives Catalog , individuals can also request paper copies and microfilm scans. When applicable, the catalog will indicate a document's physical location in a National Archives facility . Census records are among
6608-403: The Washington, D.C. area." The agreement also calls for CreateSpace partnership to provide the National Archives with digital reference and preservation copies of the films as part of NARA's preservation program. The National Archives currently utilizes social media and Web 2.0 technologies in an attempt to communicate better with the public. On June 18, 2009, the National Archives announced
6720-481: The added assertion of government subservience to the individual, some, particularly representative John E. Moss , thought that it was necessary for government information to be available to the public. This push built on existing principles and protocols of government administration already in place. Others, though—most notably President Lyndon B. Johnson —believed that certain types of unclassified government information should nonetheless remain secret. Notwithstanding
6832-439: The archive's collections. Responsibility for non-law enforcement recovery activities has since been transferred to the NARA Office of the Chief Operating Officer. In 2023, the 118th United States Congress and President of the United States Joe Biden passed into law the National Defense Authorization Act for Fiscal Year 2024 , which included provisions of the Unidentified Anomalous Phenomena Disclosure Act . With enactment of
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#17327723758356944-638: The authority to declare when the constitutional threshold for passage has been reached, and therefore when an act has become an amendment. The Office of the Federal Register publishes the Federal Register , Code of Federal Regulations , and United States Statutes at Large , among others. It also administers the Electoral College . The National Historical Publications and Records Commission (NHPRC)—the agency's grant-making arm—awards funds to state and local governments, public and private archives, colleges and universities, and other nonprofit organizations to preserve and publish historical records. Since 1964,
7056-412: The clarity of agency rules regarding FOIA requests, quality or 'friendliness' of an agency's FOIA webpage, and the timely, complete manner of processing requests. With this metric, it concluded that federal agencies are struggling to implement public disclosure rules. Using 2012 and 2013 data, the most recent years available, ten of the 15 did not earn satisfactory overall grades, scoring less than 70 out of
7168-415: The commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through " advice and consent ", which occurs through confirmation hearings and votes on the president's nominees. These agencies are not represented in the cabinet and are not part of the Executive Office of the president: Although not officially part of
7280-456: The congressional reports on the Act, so the floor statements provide an indication of Congressional intent. Between 1995 and 1999, President Bill Clinton issued executive directives (and amendments to the directives) that allowed the release of previously classified national security documents more than 25 years old and of historical interest, as part of the FOIA. This release of information allowed many previously publicly unknown details about
7392-493: The country and strengthen national security. The outcry from the effect that the Reagan Order had on FOIA requests was a factor in leading President Clinton to dramatically alter the criteria in 1995. The FOIA amendments were a small part of the bipartisan Anti-Drug Abuse Act of 1986 . Congress amended FOIA to address the fees charged by different categories of requesters and the scope of access to law enforcement and national security records. The amendments are not referenced in
7504-419: The determination of U.S. House of Representatives member John E. Moss of California , who was chairman of the House Government Information Subcommittee. It took Moss 12 years to get the FOIA through Congress. Much of the desire for government transparency stemmed from the Department of Defense and Congressional committees evaluation of the nation's classification system in the late 1950s. They determined that
7616-426: The district court has jurisdiction to order their production. Unlike the review of other agency action that must be upheld if supported by substantial evidence and not arbitrary or capricious, FOIA expressly places the burden "on the agency to sustain its action," and directs the district courts to "determine the matter de novo." With the ongoing stress on both constitutional and inherent rights of American citizens and
7728-761: The education team. The site features 3,000 documents, images, and recordings from the holdings of the Archives. It also features lesson plans and tools for creating new classroom activities and lessons. In 2011, the National Archives initiated a WikiProject on the English Misplaced Pages to expand collaboration in making its holdings widely available through Wikimedia. In December 2019, the National Archives approved record schedules for federal records created by U.S. Immigration and Customs Enforcement (ICE) which documented detainee sexual abuse and assault, death review files, detention monitoring reports, detainee escape reports, detainee segregation files, and Detention Information Reporting Line records. The schedules permitted ICE to destroy
7840-431: The eve of President George H. W. Bush 's inauguration, planned to destroy these records. The National Security Archive , Armstrong's association for the preservation of government historical documents, obtained an injunction in Federal District Court against the head, John Fawcett, of the National Archives and Records Administration and the National Security Council's purging of PROFS records. A Temporary Restraining Order
7952-501: The executive branch, these agencies are required by federal statute to release certain information about their programs and activities into the Federal Register , the daily journal of government activities: [REDACTED] This article incorporates public domain material from Independent Agencies . USA.gov . Freedom of Information Act (United States) The Freedom of Information Act ( FOIA / ˈ f ɔɪ j ə / FOY -yə ), 5 U.S.C. § 552 ,
8064-449: The federal government are excluded from copyright protection. However, records from other sources may still be protected by copyright or donor agreements. Executive Order 13526 directs originating agencies to declassify documents if possible before shipment to NARA for long-term storage, but NARA also stores some classified documents until they can be declassified . Its Information Security Oversight Office monitors and sets policy for
8176-837: The first Hoover Commission in 1949, the National Archives was placed within the newly formed General Services Administration (GSA). NARA was officially given its independence from the GSA with the passing of the Records Administration Act of 1984, thus giving birth to the institution that exists today. In December 1978, millions of feet of newsreels were destroyed in a fire at an offsite location in Suitland, Maryland . The reels, made of exceptionally flammable nitrate material, had been donated previously by Universal Pictures and were stored in special vaults intended to protect against fires. In total over 12.6 million feet of film
8288-718: The goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as
8400-415: The governing statute, but the functional differences have more legal significance. In reality, the high turnover rate among these commissioners or board members means that most presidents have the opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as president. In some famous instances, presidents have found
8512-435: The government demanded exorbitant (greater than $ 1 million) fees for records that appeals showed should be available for minimal cost. The act contains a provision legally requiring agencies to respond to FOIA requests within 20 days, but for two main reasons, many agencies rarely meet this requirement. First, the task of screening requests for sensitive or classified information is often arduous and lengthy at agencies like
8624-408: The government to classify certain specific types of information relevant to national security after it has been requested. That is, a request for information that meets the criteria for availability under FOIA can still be denied if the government determines that the information should have been classified, and unavailable. It also sets a timeline for automatic declassification of old information that
8736-674: The government's need for "greater openness" and "discretionary releases" in 1993. In the case of Scott Armstrong v. Executive Office of the President, et al. , the White House used the PROFS computer communications software. With encryption designed for secure messaging, PROFS notes concerning the Iran–Contra affair (arms-for-hostages) under the Reagan Administration were insulated. However, they were also backed up and transferred to paper memos. The National Security Council, on
8848-528: The head of the queue, and it would have to wait its turn. This legal reasoning and holding has been adopted by all other American circuits, though courts continue to complain that FOIA request delays are too long. In the 1983 case McGehee v. CIA the District of Columbia Circuit Court of Appeals stated: The Freedom of Information Act nevertheless imposes on the courts the responsibility to ensure that agencies comply with their obligation to "make ... records promptly available to any person" who requests them unless
8960-617: The high volume of requests has led to what a Colorado official said amounts to "a denial-of-service attack on local government." Local election officials in Florida and Michigan have reported spending 25-70% of staff time in recent years on processing public records requests. In 2022, officials in Maricopa County, Arizona reported one request that required nearly half the election office’s staff to spend four days sorting and scanning 20,000 documents. A review of recent state laws by
9072-477: The identity of informants who gave information regarding case details. However, O'Connor ruled that those who supplied information had no need to remain anonymous in the court setting. "To the extent that the Government's proof may compromise legitimate interests, the Government still can attempt to meet its burden with in camera affidavits." The court thus remanded the case to the Circuit Courts and rejected
9184-565: The image." [REDACTED] This article incorporates public domain material from websites or documents of the National Archives and Records Administration . Sites not .GOV Independent agency of the United States government [REDACTED] [REDACTED] In the United States government , independent agencies are agencies that exist outside the federal executive departments (those headed by
9296-712: The independent agencies more loyal and in lockstep with the president's wishes and policy objectives than some dissenters among the executive agency political appointments . Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint
9408-591: The intelligence community". President George W. Bush signed the Openness Promotes Effectiveness in our National Government Act of 2007, Pub. L. 110–175 (text) (PDF) , on December 31, 2007. This law, also known as the "OPEN Government Act of 2007", amended the federal FOIA statute in several ways. According to a White House press release, it does so by: Changes include the following: On December 29, 2009, President Barack Obama issued Executive Order 13526 , which allows
9520-420: The large volume of records and limited resources, the amendment also extended the agencies' required response time to FOIA requests. Formerly, the response time was ten days and the amendment extended it to twenty business days. Executive Order 13233 , drafted by Alberto R. Gonzales and issued by President George W. Bush on November 1, 2001, restricted access to the records of former presidents. This order
9632-400: The launching of a YouTube channel "to showcase popular archived films, inform the public about upcoming events around the country, and bring National Archives exhibits to the people." Also in 2009, the National Archives launched a Flickr photostream to share portions of its photographic holdings with the general public. A new teaching-with-documents Web site premiered in 2010 and was developed by
9744-455: The legal custody of the National Archives after a certain time; this usually involves a relocation of the records to College Park. Temporary records at WNRC are either retained for a fee or destroyed after retention times have elapsed. WNRC also offers research services and maintains a small research room. Across the United States, the National Archives maintains both research facilities and additional federal records centers (FRCs). In many cases,
9856-499: The legally authentic and authoritative copies of acts of Congress , presidential directives , and federal regulations. NARA also transmits votes of the Electoral College to Congress. It also examines Electoral College and constitutional amendment ratification documents for prima facie legal sufficiency and an authenticating signature. The National Archives, and its publicly exhibited Charters of Freedom , which include
9968-425: The misuse of government classification of documents was causing insiders to leak documents that were marked "confidential". The committee also determined that the lowest rung of the confidentiality ladder "confidential" should be removed. They deemed that "secret" and "top secret" covered national security adequately. The Moss Committee took it upon itself to reform confidentiality policy and implement punishments for
10080-714: The most frequently requested at NARA, with the oldest entries from 1790. These records often contain information such as addresses and names of family members. However, all pieces of personal data are restricted for 72 years after collection; prior to then, federal agencies can only access statistical data. The newest unrestricted census is from 1950 and was released to the general public in April 2022. The subsequent census from 1960 will be released in April 2032. NARA has also collaborated with Ancestry.com , Fold3.com , and Familysearch.org to scan microfilms and documents of genealogical interest. These digitization partners have expanded
10192-438: The number of genealogical sources on their respective websites, such as ship passenger lists and military records. NARA will eventually offer free access to all digitized sources through the National Archives Catalog. However, many file collections are not available for public viewing either through NARA or affiliate websites. This includes naturalization records and vital records that reveal extensive personal data. Depending on
10304-442: The opportunity to appoint all the commissioners of a given independent agency. In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in
10416-490: The original United States Declaration of Independence , United States Constitution , United States Bill of Rights , Emancipation Proclamation (starting in 2026), and many other historical documents, is headquartered in the National Archives Building in Washington, D.C. The mission of the National Archives is: We drive openness, cultivate public participation, and strengthen our nation's democracy through equitable public access to high-value government records. The work of
10528-483: The overuse of classification by officials and departments. The FOIA was initially introduced as the bill S. 1160 in the 89th Congress. When the two-page bill was signed into law, it became Pub. L. 89–487 , 80 Stat. 250 , enacted July 4, 1966 , but had an effective date of one year after the date of enactment, or July 4, 1967. The law set up the structure of FOIA as we know it today. President Lyndon B. Johnson , despite his misgivings, signed
10640-419: The pleasure of the president" and can be removed without cause. The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In
10752-483: The power to remove officials from agencies that were "an arm or an eye of the executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads at will , but they must meet
10864-466: The president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey's Executor v. United States decided that although the president had
10976-424: The prosecution violated Brady v. Maryland , 373 U.S. 83 (1963), by withholding material exculpatory evidence, he filed Freedom of Information Act (FOIA) requests with the FBI for information it had compiled in connection with the murder investigation." In defense, the FBI put forth a claim that the redacted sections of the documents requested were withheld in accordance with FOIA regulations protecting
11088-575: The records when they were no longer needed for business use. The schedules were approved without changes despite public outcry when they were first proposed in the Federal Register . A lawsuit was brought against the National Archives by several plaintiffs, Citizens for Responsibility and Ethics in Washington , the American Historical Association , and the Society for Historians of American Foreign Relations . In March 2021,
11200-401: The research rooms of regional archives are located at the same site as the federal records center, which is inaccessible to the public. In April 2019 an unknown person set fire to an exterior wall of the archives building using a homemade incendiary device before firefighters were able to extinguish the flames. In an effort to make its holdings more widely available and more easily accessible,
11312-589: The specific and sole exclusion of temporarily non-attributed objects).'" NARA specified that the only allowed reasons for non-compliance by any party in the Federal government was per section 1843 of the National Defense Authorization Act for Fiscal Year 2024 or Executive Order 13526 , signed by President Barack Obama in 2009. The law continued in its mandate for the Archivist and NARA, of the detailed records and materials of non-human intelligence origins, "which shall be transmitted to
11424-418: The start of the republic to the modern government. However, the digitized records represent only a small fraction of the over 13 billion pages in the holdings of the National Archives. The National Archives governs federal records and information policy for the executive branch and preserves and makes available the records of the judicial and legislative branches. Agencies in the executive branch are required by
11536-409: The statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty , malfeasance , or other good cause . While most executive agencies have a single director, administrator, or secretary appointed by the president of the United States , independent agencies (in the narrower sense of being outside presidential control) almost always have
11648-665: 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." In this way, there is recourse for one seeking information to go to a federal court if suspicion of illegal tampering or delayed sending of records exists. However, nine exemptions address issues of sensitivity and personal rights. They are (as listed in 5 U.S.C. § 552 ): The Postal Reorganization Act of 1970 (at 39 U.S.C. § 410(c)(2) ) exempts
11760-453: The workings of government to public scrutiny." One of the premises of that objective is the belief that "an informed electorate is vital to the proper operation of a democracy." A more specific goal implicit in the foregoing principles is to give citizens access to the information on the basis of which government agencies make their decisions, thereby equipping the populace to evaluate and criticize those decisions. The law came about because of
11872-590: Was approved by Senior U.S. District Court Judge Barrington D. Parker. Suit was filed at District Court under Judge Richey, who upheld the injunction of PROFS records. Richey gave a further injunction to prevent a purging of the George H.W. Bush's administration's records as well. On counts of leaving the White House clean for the new Clinton Administration, the Bush group appealed but was denied its request. Finally,
11984-544: Was destroyed. In March 2006, it was revealed by the Archivist of the United States in a public hearing that a memorandum of understanding between NARA and various government agencies existed to "reclassify", i.e., withdraw from public access, certain documents in the name of national security, and to do so in a manner such that researchers would not be likely to discover the process (the U.S. reclassification program ). An audit indicated that more than one third withdrawn since 1999 did not contain sensitive information. The program
12096-471: Was especially evident in the process of making public the FBI files on J. Edgar Hoover . Of the 164 files and about eighteen thousand pages collected by the FBI, two-thirds were withheld from Athan G. Theoharis , most notably one entire folder entitled the "White House Security Survey". Despite finding out that the Truman Library had an accessible file which documented all the reports of this folder,
12208-653: Was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress , agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches. The FOIA is commonly known for being invoked by news organizations for reporting purposes, though such uses make up less than 10% of all requests—which are more frequently made by businesses, law firms, and individuals. As indicated by its long title ,
12320-450: Was opened in 1994 near the University of Maryland, College Park . The Washington National Records Center (WNRC), also located in the Washington, D.C., metropolitan area, is a large warehouse facility where federal records that are still under the control of the creating agency are stored. Federal government agencies pay a yearly fee for storage at the facility. In accordance with federal records schedules, documents at WNRC are transferred to
12432-615: Was originally scheduled to end in 2007. In 2008 the NARA announced that they would not be archiving government websites during transition , after carrying out such crawls in 2000 and 2004. The End of Term Web Archive was established in response to this. In 2010, Executive Order 13526 created the National Declassification Center to coordinate declassification practices across agencies, provide secure document services to other agencies, and review records in NARA custody for declassification. A 2022 report by
12544-597: Was revoked on January 21, 2009, as part of President Barack Obama 's Executive Order 13489 . Public access to presidential records was restored to the original extent of five years (12 for some records) outlined in the Presidential Records Act . In 2002, Congress passed the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306 (text) (PDF) . Within this omnibus legislation were amendments to
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