Freedom of Information Act (FOIA)

NARA Privacy Act Systems: NARA 7

SYSTEM NAME: Freedom of Information Act (FOIA) Request Files and Mandatory Review of Classified Documents Request Files

SYSTEM LOCATION: Freedom of Information Act (FOIA) and mandatory review request files are maintained in the following locations. The addresses for these locations are listed in Appendix B following the NARA Notices.

       (1) Office of the Federal Register;
       (2) Office of the Inspector General;
       (3) Office of General Counsel;
       (4) Office of Records Services - Washington, DC;
       (5) Regional Records Services Facilities; and
       (6) Presidential Libraries, Projects, and Staffs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by this system include persons who cite the Freedom of Information Act (FOIA) to request access to records and persons who request the mandatory review of security-classified materials under Executive Order 12958 or predecessor orders.

CATEGORIES OF RECORDS IN THE SYSTEM: Files for requests made under the Freedom of Information Act and the mandatory review provisions of Executive Order 12958 (or predecessor orders) may include: correspondence control registers, logs, and databases; requests for access or mandatory review, appeal letters from requestors, NARA replies to original requests and appeals, and supporting documents; Certificate of Citizenship; and other administrative forms used in the process. These files may also contain information or determinations furnished by and correspondence with other Federal agencies. FOIA and mandatory review request files may contain some or all of the following information about an individual: name, address, telephone number, position title, name of employer/institutional affiliation, marital status, birthplace, birthdate, citizenship, research interests, other information provided by the requestor, and copies of documents furnished to the requestor.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Executive Order 12958, April 17, 1995, its predecessor orders governing access to classified information, and 5 U.S.C. 552, as amended.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: NARA maintains FOIA and mandatory review request files on individuals to record: requests for records under the FOIA, requests for access to security-classified materials under the mandatory review provisions of Executive Order 12958 and predecessor orders, and appeals of denials of access; actions taken on requests and appeals; and the status of requests and appeals in logs and databases. The records are also used to facilitate the preparation of statistical and other reports regarding use of the FOIA and the mandatory review provisions of Executive Order 12958.

NARA may disclose information in request files to agencies that have an equity in the requested records in order for those agencies to review records for possible declassification and release. The routine use statements A, E, F, and G, described in Appendix A following the NARA Notices, also apply to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE: Paper and electronic records.

RETRIEVABILITY: Information in FOIA and mandatory review request files may be retrieved by one or more of the following data elements: the name of the individual; an alphanumeric case file number; a project number assigned to the request; the Record Group number; the type of request (FOIA or mandatory review); or the name, social security number, or military service number of the former civilian employee/veteran whose record was the subject of the request at the National Personnel Records Center.

SAFEGUARDS: During business hours, paper records are maintained in areas accessible only to authorized NARA personnel. Electronic records are accessible via passwords from terminals located in attended offices. After business hours, buildings have security guards and/or secured doors, and all entrances are monitored by electronic surveillance equipment.

RETENTION AND DISPOSAL: Files for requests made under the FOIA and the mandatory review provisions of Executive Order 12958 and predecessor orders are temporary records and are destroyed in accordance with the disposition instructions in the NARA records schedule contained in FILES 203, the NARA Files Maintenance and Records Disposition Manual. Individuals may request a copy of the disposition instructions from the NARA Privacy Act Officer.

SYSTEM MANAGER(S) AND ADDRESS: For Freedom of Information Act (FOIA) request files and mandatory review request files, the system managers are:

    (1) For FOIA requests related to the Office of Federal Register, the system manager is the Director of the Federal Register (NF); (2) For FOIA request files related to records held by the Office of the Inspector General, the system manager is the Inspector General, Office of the Inspector General (OIG); (3) For FOIA requests for NARA's administrative records the system manager is the General Counsel, Office of General Counsel (NGC); (4) For FOIA and mandatory review request files located in organization units within the Office of Records Services - Washington, DC, the system manager is the Assistant Archivist for the Office of Records Services - Washington, DC. (5) For FOIA request files and mandatory review request files maintained in Regional Record Services Facilities the system manager is the Director for the individual regional facility. (5) For FOIA request for Nixon Presidential Materials the system manager is the Assistant Archivist for Presidential Libraries (NL). For all other Presidential Libraries, Projects, and Staffs, the Director of the Library, Project, or Staff is the system manager.

The addresses for these locations are listed in Appendix B following the NARA Notices.

NOTIFICATION PROCEDURE: Individuals interested in inquiring about their records should notify NARA Privacy Act Officer, whose address is listed in Appendix B following the NARA notices.

RECORD ACCESS PROCEDURES: Individuals who wish to gain access to their records should submit their request in writing to the NARA Privacy Act Officer at the address listed in Appendix B.

CONTESTING RECORD PROCEDURES: NARA rules for contesting the contents and appealing initial determinations are found in 36 CFR Part 1202.

RECORD SOURCE CATEGORIES: Information in FOIA and mandatory review request files is obtained from persons who cite the FOIA to request access to records, researchers who request mandatory review of security-classified records, NARA employees who maintain the files and handle FOIA and mandatory review requests and appeals, and other agencies that have reviewed the requested records.

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