36 C.F.R. Subpart A—General Information About Freedom of Information Act (FOIA) Requests
Title 36 - Parks, Forests, and Public Property
This part implements the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, for NARA operational records and archival records that are subject to FOIA. Other NARA regulations in 36 CFR parts 1254 through 1275 provide detailed guidance for conducting research at NARA. The following definitions apply to this part: (a) Archival records means permanently valuable records of the United States Government that have been transferred to the legal custody of the Archivist of the United States. (b) Commercial use requester means a requester seeking information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made. (c) Confidential commercial information means records provided by a submitter that may contain material exempt from release under the FOIA because disclosure could reasonably be expected to cause the submitter substantial competitive harm. (d) Educational institution request means a preschool, a public or private elementary or secondary school, an institution of undergraduate higher education, an institution of graduate higher education, an institution of professional education, or an institution of vocational education, that operates a program of scholarly research. To be in this category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use but are sought to further scholarly research. (e) FOIA request means a written request for access to records of the executive branch of the Federal Government held by NARA, including NARA operational records, or to Presidential records in the custody of NARA that were created after January 19, 1981, that cites the Freedom of Information Act. (f) Freelance journalist means an individual who qualifies as a representative of the news media because the individual can demonstrate a solid basis for expecting publication through a news organization, even though not actually in its employ. A publication contract would be the clearest proof of a solid basis, but the individual's publication history may also be considered in demonstrating this solid basis. (g) News media representative means a person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of news) who make their products available for purchase or subscription to the general public. (h) Non-commercial scientific institution means an institution that is not operated on a basis that furthers the commercial, trade, or profit interests of any person or organization, and which is operated solely for the purpose of conducting scientific research which produces results that are not intended to promote any particular product or industry. (i) Operational records means those records that NARA creates or receives in carrying out its mission and responsibilities as an executive branch agency. This does not include archival records as defined in paragraph (a) of this section. (j) Other requesters means any individual who is not a commercial-use requester, not a representative of the news media, not a freelance journalist, nor one associated with an educational or non-commercial scientific institution whose research activities conform to the definition in paragraph (h) of this section. (k) Submitter means any person or entity providing potentially confidential commercial information to an agency. The term submitter includes, but is not limited to, corporations, state governments, and foreign governments. Any individual, partnership, corporation, association, or government regardless of nationality may file a FOIA request. No, FOIA applies only to the records of the executive branch of the Federal government and certain Presidential records. Use the following chart to determine how to gain access: (a) NARA provides access to the records NARA creates (operational records) and records originating in other Federal agencies that have been transferred to the legal custody of the Archivist of the United States (archival records). (b) Twentieth-century personnel and medical records of former members of the military and of former civilian employees of the Federal government are held at NARA's National Personnel Records Center (NPRC), located in St. Louis, Missouri. These records remain in the legal custody of the agencies that created them and access to them is governed by the FOIA and other access regulations of the creating agencies. The NPRC processes FOIA requests under authority delegated by the originating agencies, not under the provisions of this part. (c) In our national and regional records centers, NARA stores records that agencies no longer need for day-to-day business. These records remain in the legal custody of the agencies that created them. Access to these records is through the originating agency. NARA does not process FOIA requests for these records. (a) Most archival records held by NARA are available to the public for research without filing a FOIA request. You may either visit a NARA facility as a researcher to view and copy records or you may write to request copies of specific records. (b) If you are seeking access to archival records that are restricted and not available to the public, you may need to file a FOIA request or a mandatory review request (see part 1254 of this chapter for procedures for accessing classified records) to gain access to these materials. If you make a reference request for restricted records, we may ask that you change your reference request to a FOIA request or a mandatory review request. See 36 CFR 1254.46 for information on filing mandatory review requests. (c) You must file a FOIA request when you request access to NARA operational records that are not already available to the public. (a) NARA makes available for public inspection and copying the following materials described in subsection (a)(2) of the FOIA: (1) Final NARA orders; (2) Written statements of NARA policy that are not published in the Federal Register; (3) Operational staff manuals and instructions to staff that affect members of the public; (4) Copies of records requested 3 or more times under FOIA and other records that have been or are likely to become the subject of subsequent FOIA requests for substantially the same records; (5) An index, updated quarterly, to these materials. (b) These materials are available during normal working hours at the NARA facility where the records are located. See 36 CFR parts 1253 and 1254 for a fuller description of NARA facilities and research room procedures. (c) Any of this material that was created after October 31, 1996, will also be placed on NARA's web site at http://www.archives.gov/research_room/foia_reading_room/foia_reading_room.php. (d) For paper copies of the index to these materials write the NARA FOIA Officer at the address listed in §1250.22(d). [66 FR 16376, Mar. 23, 2001, as amended at 67 FR 43253, June 27, 2002] Whether you choose to invoke the FOIA or not, NARA will respond as promptly as possible to your request.
Title 36: Parks, Forests, and Public Property
PART 1250—PUBLIC AVAILABILITY AND USE OF FEDERAL RECORDS
Subpart A—General Information About Freedom of Information Act (FOIA) Requests
§ 1250.1 Scope of this part.
§ 1250.2 Definitions.
§ 1250.4 Who can file a FOIA request?
§ 1250.6 Does FOIA cover all of the records at NARA?
------------------------------------------------------------------------ Then access is governed by . . If you want access to ... .------------------------------------------------------------------------(a) Records of executive branch This part and parts 1254 agencies through 1260 of this chapter. FOIA applies to these records.------------------------------------------------------------------------(b) Records of the Federal courts Parts 1254 through 1260 of this chapter. FOIA does not apply to these records.------------------------------------------------------------------------(c) Records of Congress Parts 1254 through 1260 of this chapter. FOIA does not apply to these records.------------------------------------------------------------------------(d) Presidential records (created by This part and parts 1254 Presidents holding office since 1981). through 1270 of this chapter. FOIA applies to these records 5 years after the President leaves office. However a President may invoke exemptions under the Presidential Records Act which would extend this up to 12 years after the President leaves office.------------------------------------------------------------------------(e) Documents created by Presidents The deed of gift under which holding office before 1981 and housed they were given to NARA. These in a NARA Presidential library. documents are not Federal records and FOIA does not apply to these materials.------------------------------------------------------------------------(f) Nixon Presidential materials Part 1275 of this chapter. FOIA does not apply to these materials.------------------------------------------------------------------------
§ 1250.8 Does NARA provide access to all the executive branch records housed at NARA facilities?
§ 1250.10 Do I need to use FOIA to gain access to records at NARA?
§ 1250.12 What types of records are available in NARA's FOIA Reading Room?
§ 1250.14 If I do not use FOIA to request records, will NARA treat my request differently?
