(a) NARA sends you a response informing you of our release determination, including whether any responsive records were located, how much responsive material was located, whether the records have been released in full or withheld in full or in part, where you may review the records, and any fees you must pay for the request. We will use plain language in all written communications with requesters.
(b) If we deny any part of your request, our response will explain the reasons for the denial, which FOIA exemptions apply to withhold records, and your right to appeal that determination.
(c) NARA may withhold records in full or in part if any of the nine FOIA exemptions apply. NARA withholds information only where disclosure is prohibited by law (such as information that remains classified, or information that is specifically exempt by statute) or where we reasonably foresee that disclosure would cause harm to an interest protected by one of the FOIA exemptions. If we must withhold part of a record, we provide access to the rest of the information in the record. On the released portion of the record, we indicate the amount of information we redacted and the exemption(s) we applied, unless including that indication would harm an interest the exemption protects. NARA may also determine that a request does not reasonably describe the records sought; the information requested is not a record subject to FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format you sought. Information that may be exempt from disclosure under the FOIA is: ------------------------------------------------------------------------
Section of the FOIA: Reason for exemption:------------------------------------------------------------------------5 U.S.C. 552(b)(1)........................ ``(A) specifically
authorized under criteria
established by an Executive
order to be kept secret in
the interest of national
defense or foreign policy
and (B) are in fact
properly classified
pursuant to such Executive
order.''5 U.S.C. 552(b)(2)........................ ``related solely to the
internal personnel rules
and practices of an
agency.''5 U.S.C. 552(b)(3)........................ ``specifically exempted from
disclosure by statute
(other than Sec. 552(b)
of this title), provided
that the statute:
(A) Requires that the
matters be withheld from
the public in such a manner
as to leave no discretion
on the issue; or
(B) Establishes particular
criteria for withholding or
refers to particular types
of matters to be
withheld;''5 U.S.C. 552(b)(4)........................ ``trade secrets and
commercial or financial
information obtained from a
person that are privileged
or confidential;''5 U.S.C. 552(b)(5)........................ ``inter-agency or intra-
agency memorandums or
letters which would not be
available by law to a party
other than an agency in
litigation with the
agency;''5 U.S.C. 552(b)(6)........................ ``personnel and medical
files and similar files the
disclosure of which would
constitute a clearly
unwarranted invasion of
personal privacy;''
5 U.S.C. 552(b)(7)........................ ``records or information
compiled for law
enforcement purposes, but
only to the extent that the
production of such law
enforcement records or
information:
(A) could reasonably be
expected to interfere with
enforcement proceedings;
(B) would deprive a person
of a right to a fair trial
or an impartial
adjudication;
(C) could reasonably be
expected to constitute an
unwarranted invasion of
personal privacy;
(D) could reasonably be
expected to disclose the
identity of a confidential
source, including a State,
local, or foreign agency or
authority or any private
institution which furnished
information on a
confidential basis, and, in
the case of a record or
information compiled by a
criminal law enforcement
authority in the course of
a criminal investigation,
or by an agency conducting
lawful national security
intelligence investigation,
information furnished by a
confidential source;
(E) would disclose
techniques and procedures
for law enforcement
investigations or
prosecutions, or would
disclose guidelines for law
enforcement investigations
or prosecutions if such
disclosure could reasonably
be expected to risk
circumvention of the law;
or
(F) could reasonably be
expected to endanger the
life or physical safety of
any individual;''5 U.S.C. 552(b)(8)........................ ``contained in or related to
examination, operating, or
condition reports prepared
by, on behalf of, or for
the use of an agency
responsible for the
regulation or supervision
of financial
institutions;'' or5 U.S.C. 552(b)(9)........................ ``geological and geophysical
information and data,
including maps, concerning
wells.''------------------------------------------------------------------------
(d) If a request involves a voluminous amount of material or searches in multiple locations, we provide you with interim responses, releasing the records on a rolling basis.
(e) NARA may not withhold Presidential records subject to FOIA under 5 U.S.C. 552(b)(5) as defined in the table in paragraph (c) of this section. However, NARA may withhold Presidential records under the remaining FOIA exemptions. In addition, Presidential records may be withheld under the six PRA restrictions for a period of 12 years from when a President leaves office, in accordance with 44 U.S.C. 2204 and 36 CFR part 1270. Representatives of the current and former Presidents may also review Presidential records, and may assert constitutionally-based privileges that would prevent NARA from releasing some or all or the information requested.