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APPENDIX 27. SURVEY OF SELECTED FEDERAL AGENCY POLICIES, 

PROGRAMS AND PRACTICES RELATING TO PUBLIC INFORMATION 

DISSEMINATION 

In early September 2000, NCLIS conducted an informal survey of 38 federal agencies 

to determine their policies, programs and practices relating to public information 

dissemination. The survey instrument and the survey results are provided below. 

NCLIS SELECTED AGENCY SURVEY SAMPLING OF 

PUBLIC INFORMATION DISSEMINATION POLICIES AND PROGRAMS93

Conducted by F. Woody Horton and Sarah T. Kadec, NCLIS Consultants 

SURVEY INSTRUMENT 

As you may know, at the request of several committees of the Congress, NCLIS is engaged in a major 

study of the Federal Government's public information dissemination laws, policies, programs, and 

practices. Four panels have been at work for a month, and a board of experts is writing various invited 

papers. NCLIS will make recommendations to the President and the Congress by December 15th for 

reforms to strengthen this area. In case you are unfamiliar with the study's background, goals and 

objectives, structure, and other particulars, you may want to look at the NCLIS study web page at 

http://www.nclis.gov/govt/assess/assess.html. 

In addition to the work of our four panels and board of experts, I believe our study's co-coordinator, 

Sarah T. Kadec, has already telephoned you to discuss one important additional component of that 

study, a sampling of selected agency public information dissemination policies and programs. 

To that end, we have prepared a list of six questions. If you provide a "yes" answer to any of them, 

kindly furnish us with a hard copy of the material (or call our attention to the web site addresses 

containing the information in electronic form). 

If you have any questions, please call me at (202) 606-9200, or Sarah at (757) 259-0358. Please accept 

our grateful appreciation in advance for your assistance! 

1. Does your department/agency have published policies on government information dissemination 

to the public, and/or programs which implement those policies, especially for information 

products being made available on agency web sites in electronic formats and mediums? Short of a 

formal policy, is there a letter or other communication from a senior official that mandates the 

discontinuance of publishing an information product in paper form, in favor of utilizing electronic 

mediums and formats? 

2. Have your individual bureau-level units established their own policies and/or implementing 

programs? If so, what are they? 

 

93 Available at http://www.nclis.gov/govt/assess/assess.appen27.pdf.
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3. Does your department/agency have guidelines for adding new, changing existing, or deleting "old" 

information available to the public from its websites? Does this guidance include instructions on 

when to take information down, make a backup copy for permanent retention and availability, and 

archive an official record copy? 

4. Is there a reasonably comprehensive and authoritative listing of the department/agency's electronic 

public information products which is periodically updated? 

5. Which of your major information products/resources and/or most important information 

dissemination policies, are mandated by Congress or federal statute? Which ones were put in place 

by the President, your department/agency head, or a senior program official? 

6. Do you have any recommendations for strengthening existing laws, policies, programs, and 

practices relevant to the dissemination of, and access to, your agency's publicly available 

information? If so, what are they? 

We would much appreciate receiving this information by September 25th, or even earlier if possible, 

because of our very short study deadlines. 

F. Woody Horton 

NCLIS Consultant 

[via e-mail from whorton@nclis.gov] 

SURVEY RESPONSES FROM AGENCIES 

Introductory Note

Thirty-eight federal agencies were surveyed during the study to ascertain: 

• The level of information dissemination in electronic form. 

• Use of web sites and the management of information placed on the web. 

• The policies that have been issued relative to information dissemination, particularly in electronic 

form. 

• Whether these policies resulted from statutory, Executive Office, or Departmental requirements; 

or Agency or Bureau level program initiatives. 

• If a comprehensive listing of publicly available electronic information products existed. 

• Whether there were suggestions/recommendations for NCLIS' consideration in preparing the 

report. 

Twelve agencies responded to the survey. The responding agencies are as follows: 

1. Department of Commerce (DOC), Bureau of the Census 

2. Department of Defense (DOD) 

3. Department of Health and Human Services (HHS), National Institutes of Health (NIH) 

4. Department of Health and Human Services (HHS), Indian Health Service (IHS) 

5. Department of the Interior (DOI), Geological Survey (USGS) 

6. Department of Labor (DOL) 

7. Department of the Treasury 
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8. Department of Veterans Affairs (VA) 

9. Environmental Protection Agency (EPA) 

10. Federal Communications Commission (FCC) 

11. Smithsonian Institution 

12. Administrative Office of the United States Courts (AOUSC) 

When providing the detailed responses from the agencies, the survey question number is identified, 

but the survey question is not repeated. 

Summary of Responses

Department of Commerce (DOC), Bureau of the Census. Authorizing legislation requires collection 

and publication of statistics and protects the confidentiality of the Bureau's information. The Bureau 

also follows OMB Circular A-130 in the collection and dissemination of its information. It moved to 

electronic media as the principal means of dissemination in 1995 and has issued guidelines and 

standards for use of the Internet. These are updated as needed. Individual sub-organizational units do 

not issue their own guidelines. 

General policy is to retain all information on the web though a survey is underway to determine if any 

superceded information should be replaced. Old information may be transferred to a GPO site under a 

program currently being discussed. Data products (CD-ROM and tapes) are sent to NARA. 

The Bureau maintains a complete catalog of its products on the web, updated daily. The Monthly 

Product Announcement is issued in print, e-mail and on the web, though the printed version will cease 

in January 2001. 

Census's major concern is ensuring that all data remains accessible, regardless of media. It is also 

concerned with the development of new technologies for the future. 

Department of Defense (DOD). The DOD has a number of information policies governing information 

dissemination, several of them related to information in electronic format; many related to national 

security concerns and clearance requirements; and several pertaining to the management and 

availability of records in printed or electronic form. The use of the World Wide Web is encouraged "to 

convey information quickly and efficiently on a broad range of topics relating to its activities, 

objectives, policies, and program". The individual Services and agencies have issued policies to meet 

their needs, consistent with DOD-wide guidance. 

 The "Web Site Administration Policies and Procedures" states that information posted on the web be 

timely and that outdated or superseded information is promptly removed or appropriately archived. All 

DOD organizations list their official, publicly accessible web sites, web publications, electronic 

reading room documents, and library resources in the DOD Resource Locator. 

Department of Health and Human Services (HHS), National Institutes of Health (NIH). Maintains an 

electronic listing of publications available online; no policies other than Department-wide exist or are 

used in this Division. 

Department of Health and Human Services (HHS), Indian Health Service (IHS). Follows the 

Department's information dissemination policies, procedures and preferences. Its Records 

Management Program follows federal statutes, with policy procedures and responsibilities spelled out 
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in the Agency's Manual, part 5, chapter 15. Records created or received in electronic media must be 

printed and incorporated in the official file system. 

Best practices and guidelines on the Agency web site have been published by the Information 

Technology support Center Web Team, following HHS guidelines. Any document published 

electronically must have been first published in hard copy. Guidelines include instructions on adding, 

changing, and deleting information on the web, particularly on annual updates. Backup copies of all 

content and documents are archived monthly and maintained, though the Team does not maintain 

official record copies of electronic information. 

Information on the web site is indexed and available in a searchable database; a web site map 

categorizes information by topic. The web includes news releases, fact sheets, health data information 

publications and reports, program specific announcements and guidance, and information about 

agency programs and leadership; additional documents may be electronic, especially since the 

issuance of the E-FOIA. 

The Electronic Freedom of Information page (in reading room), Kids site, Privacy Policy Page, 

Disclaimer Page, Frequently Asked Questions, and points of contact are mandated by Congress in 

federal statutes. 

Department of the Interior (DOI), Geological Survey (USGS). Policies follow the DOI and USGS 

manual guidance on disseminating information to the public. Authority is delegated to the lowest level 

possible, but policies related to electronic information are generally at the Division level. USGS has 

developed internal guidelines for web publication and for use of the Visual Identify on information 

products. 

The Biological Resources, Geology, National Mapping, and Water Resources Divisions have outlined 

publication procedures in internal memoranda. One Division requires all new formal publications be 

on the web; some publications series are digital only. Others are putting earlier general interest 

publications on the web to increase their availability and reduce printing and distribution costs. 

 

The Geologic Division guidelines and policies state that all information products will be technically 

sound and scientifically credible, effectively convey the intended message to target audience, have 

required authorization and sufficient funding, will be archived for long-term preservation, and will be 

produced in electronic form at a minimum (with printed products from these electronic materials 

optional). 

The Biologic Resources Division's policies require inclusion of metadata in the National Biological 

Information Infrastructure, peer review, and publishing in the BRD series. Products are to be 

distributed to NTIS and DTIC to ensure broad availability. 

The National Mapping Division (responsible for much of the reproduction and dissemination of USGS 

products) has policies regarding free distribution of maps and map indexes, implementation and 

maintenance of the Spatial Data Transfer Standard (format of geospatial data available for free 

downloading from the Internet), product delivery to government partners and geospatial metadata 

product information. 

The Earth Science Information Centers operate the nationwide information and sales service for all 

maps and earth science publications. 
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A recent Bureau-wide policy requires a disposition schedule be created for all publications; but not 

how long it should be on the web, since that is determined by the author of the web page. Each 

Division and smaller unit maintains lists of electronic information products; efforts are underway to 

create a standard list incorporating all publishing units. 

The USGS formal series publications (professional papers, bulletins, various map series, etc.) are 

authorized by Congress; dissemination complies with the American Technology Preeminence Act; 

printed products are distributed to the Federal Depository Libraries in compliance with Title 44; and 

the National Geographic Mapping Act mandates a database with a map catalog linking to maps 

published by USGS and its partner, the Association of American State Geologists. Executive Order 

12906 requires metadata be included in the MBII or NDSF. OMB Circular A-130 provides guidance 

on information dissemination. 

 

Department of Labor (DOL). The DOL follows government-wide information dissemination policies 

such as those included in the Attorney General's Manual on the Administrative Procedure Act, Section 

III, Public Information. The DOL's rules governing Internet services were published in the Federal 

Register (29 CFR, pt. 70 et seq.) in compliance with the Manual. The Department follows 

requirements in the FOIA, E-FOIA, Privacy Act and OMB Circular A-130. A number of Secretary's 

orders and internal memorandum and the Department of Labor Manual Series (DLMS) implement 

federal laws and departmental policy. A Department "Public Web Site Content Clearance Process" 

calls for the development of an "Internet Clearance and Operating Procedures" and this is underway. 

 The Department's Manual designates the Office of Public Affairs as the information dissemination 

policy maker, and all agencies and bureaus recognize this and incorporate it in any of their individual 

agency/bureau policies. The Bureau of Labor Statistics, Mine Safety and Health Administration, 

Office of the Assistant Secretary for Policy (ASP) and Office of the Chief Financial Officer (OCFO) 

have policies or they are in draft; most have web sites following Departmental Policy. 

All information placed on the main DOL or individual agency web sites receives appropriate review 

and clearance prior to issuance, including timeliness and accuracy, need for coordination with other 

agencies and appropriate levels of clearance. 

There is no Department-wide listing of publications issued electronically; these lists exist at the 

agency/bureau level. 

 

Department of the Treasury. Treasury follows government-wide regulations on information 

dissemination such as the Paperwork Reduction Act (PRA) to implement the Government Information 

Locator System (GILS). The Chief Information Officer (CIO) has created an information management 

program office with responsibility for information dissemination policy. Policies will be developed, 

with assistance from the General Counsel, to carry out requirements of the PRA/GILS, the E-FOIA 

and the Treasury Internet policy site guidelines. Individual agencies do not have dissemination 

policies, though the Financial Management Service (FMS) has developed a style guide. 

 The Department and Bureaus have developed guidelines for managing information on the web sites. 

FMS has specific guidelines on keeping the FMS web site current. New items must be approved at the 

Director level, with a signed Memorandum of Understanding. All content providers must review and 

certify the accuracy of their data on a quarterly schedule. A CD of the FMS web site is produced 

monthly for archival purposes. The various agencies and bureaus maintain updated listings of their 

electronic public information products on their web sites. 
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The E-FOIA and GILS mandate the FOIA reading room by the PRA. The Assistant Secretary for 

Management/CFO and the Deputy Assistant Secretary for Information Systems/CIO established the 

Treasury web site; the head of the bureau and the CIO authorized bureau web sites. 

Department of Veterans Affairs (VA). The Department has issued policies to implement the Freedom 

of Information Act and dissemination of government information, and is in the process of drafting an 

Internet/Intranet policy. Individual bureaus have not established separate policies. 

 There is no updated, comprehensive and authoritative listing of VA electronic information; there is an 

index to information in its Electronic Reading Room and an AltaVista search of pages on the web 

updated in 1994. The Veteran's Benefit Administration (BA) maintains a Web-Automated Reference 

Materials System (WARMS) providing Internet access to VBA manuals, directives, circulars, letters, 

Title 38 CFR, and other materials to Veterans Service Organizations (VSO), educational institutions 

and the general public. The WARMS information is also available free on CD-ROM (ARMS-CD), 

using a different search engine. Links on the WARMS web page permits the user to download the free 

Microsoft viewer software to display the retrieved documents. Feedback to the ARMS mailbox is 

encouraged on the web site. 

Environmental Protection Agency (EPA). The Environmental Protection Agency (EPA)'s Information 

Resources Management Policy Manual (Directive 2100) includes the "Policy on Public Access to EPA 

Information" in Chapter 21; the "Web Guide" includes policies and informal guidelines in the use of 

the web; and a memorandum has been issued on "cookies". The Agency is developing policies 

regarding Disabled Access, Limited English Proficiency (LEP), and the use of Non-EPA servers; as 

well as a strategy providing direction for the various components of public access. 

EPA believes that its users need information in paper as well as electronic forms. A memorandum 

"Public Availability of EPA Information Via Internet" issued September 23, 1996 commits the 

Agency to using electronic formats, but doesn't preclude the issuance of information in paper. 

EPA's "Web Guide" provides guidelines for adding, changing or deleting information from a web site. 

When the data owner asks to place information on the web, he or she must maintain and be 

responsible for the information. The Agency's "Online Rules of Publishing" addresses recordkeeping, 

permanent retention and availability, and archiving; recordkeeping requirements must be established 

for records created or received. These areas will be addressed further. 

EPA's public information products on the Internet are on each Program Office's web site. In addition 

the Government Information Locator System (GILS) is being maintained through GPO and on EPA's 

web site. EPA, in cooperation with the Environmental Council of the States (ECOS) is working on an 

Information Products Bulletin (IPB) that will provide a comprehensive listing of both EPA and the 

states significant information products under development or modification. The IPB, seen as a means 

of improving the public's access to information about environmental conditions and trends, will be 

released in March 2001 and updated every six months. 

Various Agency legislation, in most instances Program specific, mandates information dissemination 

to the public. "Protecting Personal Privacy on EPA's Public Access Web Site: Cookies Policy" was 

issued by the Office of Environmental Information. It provides guidance for EPA Programs on 

protecting the privacy of citizens using EPA web sites. 

EPA's authorities stem from a number of different statutes; integrating the data and information from 

these programs is a major challenge. The Office of Environmental Information was created to 
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coordinate the Program Offices activities in collecting quality environmental information and making 

it available to the public. 

 

Federal Communications Commission (FCC). The FCC has several written policies on access and 

dissemination of information to the public and several NPRMS and reports and orders on electronic 

filing initiatives. Without a written policy, notices, news releases, reports and Commission orders back 

to 1994 are included on the web site as a means of quickly disseminating information. Individual 

bureaus, including Wireless (on using the Universal Licensing Systems (ULS)), Mass Media, and 

Consumer Information Bureau (Electronic Comment Filing System (ECFS)) also have written 

policies.

The web site has never been purged, though individual documents have been replaced if incorrect or a 

substantially wrong document has been posted. FCC currently provides NARA the paper original for 

records retention purposes; plans call for submitting Computer Output Microfilm/Microfiche (COM) 

instead of paper (NARA cannot take CD/ROM). 

GILS has not been kept up to date. There are two search applications using numbers and subjects to 

check the web site for relevant documents available over the Internet. 

Congress requires the FCC Auctions activities; the Chairmen have been responsible for the push to use 

the Internet for electronic filing and dissemination. 

Smithsonian Institution. The Smithsonian is a trust established by Congress, thus it has no policies on 

government information dissemination. However its mission to increase and diffuse knowledge results 

in publication of research results, scholarly and popular pubs, its exhibitions and public programs, 

issuances of the Office of Public Affairs and a web site (www.si.edu). It responds to requests from the 

public, though exempt from the FOIA. The web site contains a listing of the Smithsonian's electronic 

publications. 

Administrative Office of the United States Courts (AOUSC). The AOUSC provides useful and timely 

information to the public through the AO's Internet site (www.uscourts.gov) , publications, news 

releases, phone and fax. Most of the frequently requested publications are available through the web 

site, which is also a gateway to federal court information nationwide as well as many other courtrelated sites and to the Public Access to Court Electronic Records (PACER) system. Proposed 

amendments to rules, information on meetings of the Judicial Conference Committees, requests for 

proposals are included on the web site. 

The AO's Office of Public Affairs (OPAF) manages the Internet site and is the point of contact for the 

news media. It regularly updates the materials and publications on the web site; time-sensitive 

information like job announcements and request for comments on proposed rules of practice and 

procedure are removed automatically after their closing dates. 

The AO's Catalog of Administrative Office Publications includes all items produced by, and currently 

available from, the AOUSC. Those in electronic format are noted. The Internet site's search 

capabilities provide for easy identification of public information products; the site also indicates which 

publications are required by law. 

The Rules Enabling Act (28 USC, paragraphs 2071-2077) requires the wide public dissemination of 

proposed changes to the rules of practice and procedures used by lawyers practicing in federal court. 
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Proposed amendments were published on the web site for the first time in 1999; comments on the 

proposed amendments have been received by e-mail to the site. 

Detailed Responses94

Department of Commerce (DOC), Bureau of the Census 

The responses below report on activities at the U.S. Census Bureau and do not represent the entire 

Department of Commerce. 

1. First and foremost, the Census Bureau is bound by its authorizing legislation, Title 13, United 

States Code (U.S.C.). Title 13, Chapters 3 and 5 specifically deal with the collection and 

publication of statistics. Chapter 1, Section 9 protects the confidentiality of Census Bureau 

information, prohibiting "any publication whereby the data furnished by any particular 

establishment or individual under this title can be identified." For data available for public release, 

Census Bureau dissemination policies follow OMB Circular A-130, which states that information 

is a public good and that "because the public disclosure of government information is essential to 

the operation of a democracy, the management of federal information resources should protect the 

public's right of access to government information." Most Census Bureau information is available 

for free through the Internet; often the same information is available in other formats. 

2. In 1995 the Census Bureau determined that electronic media would be the principal means of 

dissemination. Specific written guidelines and/or statements have been released on dissemination, 

pricing, and roles and responsibilities regarding the Internet. The Department of Commerce 

Rehabilitation Act guidelines set forth in Departmental Administrative Order 215-10, "Reasonable 

Accommodation for Disabilities in Employment," implements the 1998 Amendments to the 

Rehabilitation Act of 1973, as detailed in the Workforce Investment Act of 1998. The Census 

Bureau's IT Standards establish a consistent look and feel for Census Bureau Internet site and set 

the standard for easy use and accessibility, consistent with the Americans with Disabilities Act. 

The Census Bureau is now in the process of developing additional guidelines for the Internet 

material; the work on these standards is just being initiated at this time. 

3. No, [Census has not established its own policies and/or implementing programs]. 

4. Our general policy is to not remove any information from our Internet site. We are surveying our 

various divisions to determine if there are instances where information may be superceded and 

replaced. We are working with the Government Printing Office to move any such "old" 

information to a GPO website. Copies of data products on tape and CD-ROM are routinely sent to 

the National Archives and Records Administration. 

5. Yes, a catalog of all current Census Bureau products (electronic and otherwise) is maintained on 

our website and updated daily. See: http://www.census.gov/mp/www/censtore.html. Our Monthly 

Product Announcement provides a regular listing of new products on a monthly basis. It is 

available in print, e-mail, and on the web, although the printed version will be discontinued in 

January 2001. 

6. The Census Bureau is mandated by Title 13, U.S.C., to collect and publish information on a 

variety of topics, including the population and the economy, in accordance with the confidentiality 

restrictions spelled out in Section 9. 

 

94 When providing the detailed responses from the agencies, the survey question number is identified, but the survey question 

is not repeated. 
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Other Comments: 

One major concern is the need to ensure that all data remain accessible, regardless of deterioration of 

past and current media and development of new technological changes in the future. 

Department of Defense (DOD) 

1. There are several Department of Defense policies related to dissemination of government 

information to the public. The core policy establishing such guidance is: 

• "Principles of Information" which are codified as Enclosure (2) to DoD Directive 

5122.5, "Assistant Secretary of Defense for Public Affairs" 

(http://web7.whs.osd.mil/pdf/d51225p.pdf) 

Additional Departmental guidance that establishes policy and procedures for providing 

information to the public include: 

• DoD Directive 5230.9, "Clearance of DoD Information for Public Release" 

(http://www.defenselink.mil/admin/dd5230_9.html) 

• Deputy Secretary of Defense memo, 17 February 1995, "Clearance Procedures for 

Making Electronic Information Available to the Public" 

(http://www.defenselink.mil/admin/memo.html) 

• DoD Instruction 5230.29, "Security and Policy Review of DoD Information for Public 

Release" (http://web7.whs.osd.mil/pdf/i523029p.pdf) 

• Armed Forces Information Service Policy Memorandum, "Electronic Newspaper 

Policy" (http://www.defenselink.mil/admin/5120_4.html) 

• The "DoD Web Site Administration Policies and Procedures" encourages use of the 

World Wide Web "to convey information quickly and efficiently on a broad range of 

topics relating to its activities, objectives, policies and program." It can be found at 

(http://www.defenselink.mil/admin/dod_web_policy_12071998.html) 

Finally, the Department requires that records be made available electronically in 

accordance with the requirements of the Freedom of Information Act (FOIA) (5 U.S.C. 

522 (a)(2)(A), (B), (C), and (D)) through: 

• DoD Regulation 5400.7-R, "DoD Freedom of Information Act Program" 

(http://web7.whs.osd.mil/pdf2/54007r(9-98)/p54007r.pdf), paragraph C2.1.2, 

• With respect to DoD electronic business/electronic commerce (EB/EC) efforts, Joint 

Electronic Commerce Program Office (JECPO), was established under the Defense 

Reform Initiative to be the focal point for strategic implementation of EB/EC policy 

within DoD. The web pages for the Joint Electronic Commerce Program Office 

(JECPO) (http://www.acq.osd.mil/jecpo/) include links to the DoD EB/EC Strategic 

Plan, Departmental guidance related to EB/EC, and to ongoing EB/EC projects within 

DoD. 

2. The policies identified above are DoD-wide. In addition to those, the Services and Agencies can 

and have issued policies or programs tailored to their own needs, yet consistent with DoD-wide 

guidance. Examples of Service and Agency EC/EB efforts can be found via the Department's 

JECPO webpage identified above under the "DoD EC Partners" link. Web guidance issued and 

implemented by individual Services and Agencies can be accessed at the following website: 

(http://www.defenselink.mil/admin/about.html - WebPolicies) 
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3. The Web Site Administration Policies and Procedures, identified in answer #1 above, focuses on 

providing guidance on posting information (see Parts II and V). It requires that the information on 

web sites be timely (see Part I, paragraph 5.5.7) and that outdated or superseded information is 

promptly removed or appropriately archived (see Part II, paragraph 4.2.3), but does not specify 

further criteria. 

4. All Department of Defense organizations are required to register their official, publicly accessible 

web sites, web publications, electronic reading room documents, and library sources in the DoD 

Resource Locator (http://sites.defenselink.mil/). The DoD Resource Locator hosts the DoD 

implementation of the Government Information Locator Service (GILS), as required by OMB 

Circular A-130. 

5. Mandated by Congress or Statute: FOIA/E-FOIA 

• Mandated by President/OMB: The Department's implementation of GILS, required by 

OMB circular A-130) 

• Mandated by Department of Defense Policy: Policies related to the use of the World 

Wide Web, information dissemination, public affairs-related guidance. 

In addition, the DOD's EB/EC efforts are guided by a combination of federal-level and 

department-level initiatives and guidance. 

6. Although we do not have a specific proposal, we wish to note that there is a need to review 

existing requirements with the objective of strengthening the government's ability to address 

security and privacy concerns associated with the aggregation of unclassified information made 

possible and increasingly easy by electronic means such as the World Wide Web. Current statutes, 

policies and other rules and guidelines for public release of information were developed to serve a 

paper-based world. Electronic dissemination of information has created an entirely new 

environment of data mining and rapid aggregation of information that was unforeseen by those 

rules and requirements. The DOD increasingly is concerned about the risks posed by this 

aggregation of unclassified information in electronic formats, and while DOD has taken steps to 

address these issues within the Department by updating its guidance, the government as a whole 

must address this growing concern. 

Department of Health and Human Services (HHS), National Institutes of Health (NIH) 

To the very best of our knowledge, the answers to the questions below, as they pertain to the NIH, 

would be no--with the exception of question number 4. We do maintain an electronic listing of 

publications available online. They can be found at: http://www.nih.gov/health/consumer/index.htm. 

Department of Health and Human Services (HHS), Indian Health Service (IHS) 

1. The Indian Health Service (IHS) follows information dissemination policies, procedures, and 

preferences established by the Department of Health and Human Services (HHS) as well as those 

that are issued that affect all federal agencies. Unpublished interpretations of these policies are 

provided to IHS senior officials and staff by various program areas relevant to their particular 

communication and information dissemination focus: programs such as the Office of Management 

Support (Division of Information Resources [Information Technology Support Center], Division 

of Administrative Support [Forms and Records Management], Division of Regulatory and Legal 

Affairs [Freedom of Information Act and Privacy Act], Office of the Executive Secretariat, and the 

Office of Management Policy); and the Office of the Director (Public Affairs). 
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The IHS Records Management Program is governed by the following mandates: The 

Federal Records Act of 1950, P.L. 754, Chapter 849; The Paperwork Reduction Act, P.L. 

96-511; The Paperwork Reduction Reauthorization Act, P.L. 99-500. Using these three 

statutory authorities as guidance, the IHS has developed policy, procedures, 

responsibilities, and other elements pertinent to the administration of the IHS Records 

Management Program. Indian Health Manual Part 5, Chapter 15 "Records Management 

Program", TN 97-04, is the current policy. This chapter is available at: 

http://www.ihs.gov/PublicInfo/Publications/IHSManual/Parts_index.html, part 5. Within 

the current IHM Part 5, Chapter 15, the policy on electronic records is: "Records created 

or received using electronic media must be printed out in paper form and filed in the 

official file system." (IHM 5-15.8E) 

The IHS Information Technology Support Center Web Team has published best practices 

and guidelines on the agency web site, based on those of HHS, that define a general set of 

rules for publishing information on the IHS intranet and internet servers. The best 

practices and guidelines are available at: 

http://home.webteam.ihs.gov/ProductsServices/index.cfm?module=prodserv&client_id=59. 

Since the inception of the IHS Internet presence, the general rule has been not to publish 

any document electronically that has not been published in hard copy before. General web 

page content must be approved by an Office or Program Official who is, at least, a 

Division Director. 

No, [there is no letter or other communication from a senior official that mandates the 

discontinuance of publishing an information product in paper form, in favor of utilizing 

electronic mediums and formats.] The IHS follows the guidance and regulations set forth 

in the Paperwork Reduction Act and Records Management and Disposition Regulations. 

2. No. The IHS has not issued any requirement that forms or information products be exclusively 

available only electronically. 

3. Yes. That guidance is contained in the IHS best practices and guidelines available electronically 

at: http://home.webteam.ihs.gov/ProductsServices/index.cfm?module=prodserv&client_id=59. 

Yes. Guidance, on at least annual updates, is included in the best practices and guidelines 

for the intranet/Internet. Persons responsible for content are instructed to keep backup 

copies of all content and documents and to observe any records management guidelines. 

The ITSC Web Team does not maintain official record copies of electronic information, 

but archives of all information available on the web site is archived monthly in the event 

this data is required. 

4. All information on the IHS web sites is indexed and contained in a database that is searchable 

online. The web site also has a site map that categorizes information available by topic. All of the 

IHS Directives, Circulars, and the IHS Operating Manual are available on-line. In addition, 

information products that are also of public interest, some of which were developed specifically 

for public dissemination, are available on-line. Items such as news releases, fact sheets, health data 

information publications and reports, program specific announcements and guidance, and other 

information about agency programs and leadership. The IHS web site searchable database 

represents a reasonably comprehensive and authoritative listing of what is electronically available 

on the web, but it does not represent what additional IHS information documents may be 

electronically available. It is reasonable to assume that since the issuance of the Electronic 
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Freedom of Information Act and the advances and reliance on computer technology, most every 

IHS document can be provided electronically. 

5. Electronic Freedom of Information page (reading room), Kids site, privacy policy page, disclaimer 

page, frequently asked questions, points of contact. 

Most required information products were implemented before requirements were 

identified by executive or departmental directive. 

6. None. Current laws, policies, programs, and practices are sufficient. Current requirements allow 

the agency to develop responsive practices to meet the public's interest in obtaining information 

documents about our agency. Current requirements allow for flexibility and agency discretion to 

design systems and programs with the goal of information dissemination. Additional requirements 

are not desired and if proposed they should be carefully evaluated as to the impact on workload 

and staff capacity to meet additional workloads or burdensome and unreasonable expectations or 

deadlines. 

Department of the Interior, U.S. Geological Survey (USGS) 

Overview

The U.S. Geological Survey is mandated through its Organic Act to examine the geological 

structure, mineral resources, and products of the national domain, and throughout its history the 

USGS has been committed to disseminating the results of its studies to those who need or can use the 

information. In general, USGS has delegated authority to the lowest level possible. Most bureau 

publication policies outlined in the USGS manual reflect the older technology of printing rather than 

electronic dissemination; newer policies related to electronic information dissemination are generally 

at the division rather than the bureau level. 

Responses to Questions

1. Yes, we have published policies; a number of chapters in the DOI and USGS manuals provide 

policy guidance on disseminating information to the public. In addition, the USGS has developed 

internal guidelines for web publication and for use of our Visual Identity on information products. 

The USGS has a fax-on-demand capability (703/648/4888; also available through the tollfree number 1-888-ASK-USGS) through which the public can access a number of short 

publications. 

2. Yes, there are internal memoranda from the Associate Directors of the four USGS divisions 

(Biological Resources, Geology, National Mapping, and Water Resources) that outline publication 

procedures. One Division has a policy that all new formal publications must be available on the 

Web, and some publications series are digital only. In addition, many groups are informally 

putting many of their previously published general-interest publications on the Web, both to 

increase the availability of these materials and to reduce printing and distribution costs. The 

websites listed under question 4 include links to many of these publications. 

Examples of division-level guidelines/policies follow: 

Geologic Division will create, maintain, and distribute a wide variety of earth-science 

products in order to convey the results of Program or reimbursable activities to diverse 

audiences. All products will be technically sound and scientifically credible, will 
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effectively convey the intended message to the target audience, will have required 

authorization and sufficient funding, and will be archived for long-term preservation. 

6.1.3 All formal products of Geologic Division will be produced and distributed in 

electronic 

 form at a minimum. 

 6.1.3.1 Products such as printed books, pamphlets, and maps derived from the electronic 

 material are optional, depending on the need and available funding. 

BRD has several policies that touch on issues related to dissemination. These include 

policies on preparation and inclusion of metadata in the National Biological Information 

Infrastructure (#08 Metadata for Data Sets and Information Products), peer review (#11 

Science Quality), and publishing in the internal BRD series (#14 Printing and Publishing). 

Our publishing program guidelines instruct publishers within BRD to provide copies of 

published reports to the National Technical Information Service and the Defense 

Technical Information Center to ensure broad availability. No formal or informal guidance 

has been issued advocating discontinuation of paper products, with the exception of a few 

informal, infrequently published products. 

The National Mapping Division does much of the reproduction and dissemination of 

USGS products. Policies include: 99-1, Free Automatic Distribution of USGS Paper Maps 

and Map Indexes; 98-6, Implementation and Maintenance of the Spatial Data Transfer 

Standard, relating to the format of geospatial data that are available for free download 

from the Internet; 98-5, Product Delivery to Partners, relating to delivery of products, both 

digital and hard copy, to government partners that contribute to the costs of producing a 

geospatial product; and 98-1, Policy on Geospatial Metadata, relating to the product 

information that is distributed with each product. 

The USGS Earth Science Information Centers (ESICs) offer a nationwide information and 

sales service for all USGS map products and earth science publications. A customer can 

call toll free 1-888-ASK-USGS (275-8747) for more information. At this number the 

customer can get technical and product ordering information. A list of the ESICs and other 

information about them can be found at http://mapping.usgs.gov/esic/esic_index.html. 

3. We have a new Bureau-wide information product management policy that clearly states a 

disposition schedule should be created for all publications. We do not have a Bureau-level policy 

that indicates the specifics of how long a document should be on the web; that information is 

determined by the authors of the page. 

Archiving is clearly an important issue; at this time adequate funding has not been 

provided to address the problem of electronically archiving the vast amount of information 

that USGS has produced. 

4. There are a number of lists of electronic information products, generally maintained by divisions 

or smaller geographically based units. See examples at 

http://geology/usgs.gov/products/html

http://water.usgs.gov/pubs/

http://mapping.usgs.gov/mac/isb/pubs/pubslists/index.html

Other ways to find USGS information on the web include 

http://www.usgs.gov/library/

http://edc.usgs.gov/webglis/
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http://edcsns17.cr.usgs.gov/EarthExplorer/

A group within USGS is currently working to develop a standard list that will include all 

publishing units. 

5. Our formal series publications (professional papers, bulletins, various map series, etc.) are 

authorized by Congress. Like all federal agencies, we distribute our printed products to Federal 

Depository Libraries. Our information dissemination activities were designed to comply with the 

provisions of the American Technology Preeminence Act, OMB Circular A-130, and other 

government-wide statutes related to information availability. 

Inclusion of metadata in the NBII or NSDI is mandated by Executive Order 12906. The 

National Geologic Mapping Act requires the USGS to build a national geologic map 

database which provides, through its "map catalog", a link to all geoscience maps 

published by the USGS and its partner in the act, the Association of American State 

Geologists. 

6. This is a critical area; the information paid for by taxpayer dollars must be accessible to the public 

to the maximum extent feasible. NARA has the authority, but perhaps inadequate resources, to 

establish policies and standards for archiving. A clearinghouse approach may be the most 

appropriate approach for the vast amount of diverse information available, as long as consistent, 

long-term funding is assured. 

Department of Labor (DOL) 

The Attorney General's Manual on the Administrative Procedure Act95, section 3, Public 

Information (attached), is one of the primary authorities that governs how agencies 

distribute information to the public. On the issue of applicability, the Manual reads "(t)his 

section, unlike the other provisions of the Act, is applicable to all agencies of the United 

States, excluding Congress." It also notes two exceptions, namely a need for secrecy and 

any matter relating solely to the internal management of an agency. Section 3(a) directs 

each agency to "separately state and currently publish in the Federal Register" its 

organization, procedures and substantive rules. DOL's rules regarding Internet Services 

were published in August of the current year.96 In reviewing the Manual further, it 

discusses the Department's publishing obligations, as they relate to substantive rules, 

procedures and any orders or decisions that are by nature adjudicatory, such as ARB or 

ECAB decisions. The public records requirement is also articulated, and is most often 

applied in a FOIA context. The Manual states in relevant part: 

Each agency should publish in the Federal Register, under 3 (a) (1), a rule listing the 

types of official records in its files, classifying them in terms of whether or not they 

are confidential in character, stating the manner in which information is available (as 

by inspection or sale of photostatic copies), the method of applying for information, 

and by what officials the application will be determined. 

It is left to the agencies to determine if what is produced should be considered part of the 

official record. "Each agency must examine its functions and the substantive statutes 

under which it operates to determine which of its materials are to be treated as matters of 

 

95 http://www.oalj.dol.gov/public/apa/refrnc/ag02.htm. 96 http://www2.dol.gov/dol/_sec/public/regs/fedreg/notices/2000020763.htm. 
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official record for the purposes of the section." It should be noted that on the issue of 

report publication or publication in general, the Manual is silent. 

Another often cited reference is the OMB Circular A-130.97 "Circular No. A-130 

provides uniform government-wide information resources management policies as 

required by the Paperwork Reduction Act of 1980, as amended by the Paperwork 

Reduction Act of 1995, 44 U.S.C. Chapter 35." The Circular describes the 

management of information: "Agencies shall plan in an integrated manner for 

managing information throughout its life cycle" and then articulates steps A-F 

regarding information management planning. Of particular interest is the section on 

Electronic Information Dissemination. It reads in relevant part: 

Agencies shall use electronic media and formats, including public networks, as 

appropriate and within budgetary constraints, in order to make government 

information more easily accessible and useful to the public.

The Circular then goes on to discuss several points on when this type of format 

(electronic) is appropriate. 

The regulations that govern the Department's disclosure of information policies are 

outlined in 29 CFR part 70 et seq. (attached). Note that the date of enactment, unless 

otherwise noted in the specific part, is May 30, 1989. The policy is articulated in part 70.3 

(Subpart A General) which states: 

All agency records, except those specifically exempted by one or more provisions of 5 

U.S.C. sect. 552(b) shall be made promptly available to any person submitting a 

written request in accordance with the procedures of this part. 

According to part 70.4 of the same title, these materials include final opinions and orders 

[70.4(a)(1)], statement of policy and interpretation not published in the Federal Register

[70.4(a)(2)], and administrative staff manuals not exempt under section (b) of FOIA 

[70.4(a)(3)]. Subsection (b) of the same part also calls for current indices providing 

identifying information regarding any material issues adopted or promulgated after July 4, 

1967. This same subsection also adopts a provision that provides for the removal of 

identifying details from any record that is published or made available for inspection, so 

as to prevent an unwarranted invasion of personal privacy. Subpart B outlines the 

procedure for disclosure of records under the Freedom of Information Act, Subpart C 

discusses costs for production of documents and Subpart D discusses public records. 

Internal Department of Labor public information dissemination guidelines are articulated 

in a number of Secretary's Orders and other internal memoranda, and the Department of 

Labor Manual Series (DLMS), all of which are discussed in more detail in the paragraphs 

below. 

The Secretary's Order dated August 16, 2000 is an acknowledgement that the Department 

is beginning the process of upgrading their standards for web-based delivery of 

government information. These standards include a commitment to regularly update laws, 

 

97 http://www.whitehouse.gov/omb/circulars/a130/a130.html#8. 
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regulations, programs and activities on each agency web page. In reference to the 

information delivery issues at hand, the Order reads: 

e. Ensure that all information placed on the main DOL or individual agency web sites receives 

appropriate review and clearance within the Department prior to issuance, including 

consideration of all appropriate factors such as: the need for coordination between relevant 

agencies; appropriate levels of clearance; timeliness and accuracy of information; and the 

implications of applicable statutory and administrative requirements or guidelines. 

Continuing on, the Order says that: 

Departmental Public Web Site Content Clearance Process refers to the procedures to be 

developed by the Assistant Secretary for Policy (ASP) for purposes of the Department's 

review and approval of documents and other substantive materials to be placed on the DOL 

public web site and which require Department-level clearance. 

As this inquiry has shown, the ASP or OASP, is in the process of developing these 

guidelines in compliance with this Secretarial Order. 

The "Internet Clearance and Operating Procedures" memo to DOL Executive Staff, dated 

October 29, 1996, provides interim guidance for policies and procedures to address the 

most pressing concerns regarding the Department's Internet policy. It sets out interim 

policy covering information involving the Secretary, the DOL Homepage, Internetspecific information, links to sites outside DOL and inaccurate, outdated or missing 

information. Of note, the policy regarding the Internet Homepage requires agencies to 

notify ASP in writing at least one week prior to the planned release date, and then ASP 

will coordinate these requests with OPA. The policy articulation regarding Internetspecific information requires each agency to identify an Internet Coordinator, and notify 

ASP of that person's identity. Further, and of greater importance to the issues being 

considered here, each agency will establish written clearance official(s) at the policy level 

for all information contained on their Internet sites. 

Secretary's Order 6-83, dated April 21, 1983 (attached), deals with the consolidation and 

control of Department of Labor Audiovisual Activities. This Order delegates authority and 

assigns responsibility for the management, coordination and control of the Department's 

audiovisual program to the Office of Information and Public Affairs. As it relates to the 

DLMS Chapter 5, this Order defines the policy by which all materials are cleared through 

the Department's Control System (see DLMS 5-540). An exception is noted for production 

of research reports, statistical analysis, et al, when the primary intent behind such 

production is to provide limited distribution within the government, among the personnel 

of an agency for policy analysis and formulation, or when produced by an analyst for 

presentation of research before professional bodies. 

Secretary's Order 37-65, dated December 8, 1965 (attached), delegates authority and 

assigns responsibility for public information, publications and reports for functions within 

the Department. It should be noted that this order is cited in the Department of Labor 

Manual Series, discussed below, and is still active policy for publications and reports. The 

Order states, in relevant part, that the heads of administrations, bureaus and offices are 

responsible for "... developing planning goals and program objectives for information, 

publications and reports activities covering substantive program areas." The Director, 

Office of Information, Publications and Reports is responsible for "prescribing policy, 
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guidelines and standards for the conduct of information, publications and reports programs 

and providing technical assistance and leader to information staff of Administrations, 

Bureaus and Offices." 

The Department of Labor Manual Series (DLMS), which has been referenced above, also 

discusses public information disclosure and distribution. DLMS 5, Chapter 30098

discusses disclosure of records under the Freedom of Information Act. Note that again, the 

internal operating guidance is silent on the issue of report publication or publication in 

general. DLMS 5, Chapter 50099 discusses the Department's Office of Public Affairs 

(OPA or OIPA), including its role as the information dissemination policy maker for the 

Department. Section 523 deals with publications, and states in relevant part: "OIPA is 

required to review all DOL publications to be distributed to the public by the following 

orders..." and instructions as to format, attribution, and prior approval are articulated. I 

found this directive to be widely recognized by agencies, as articulated below. DLMS 5-1 

constitutes the Handbook on Public Affairs Policy (attached). 

At the sub-Departmental agency level, I have contacted individuals to find out their 

agencies' information dissemination policies. In response to my queries, I received two 

general answers, either that their agency follows OPA's guidelines, or that their agency 

had no distinct policy in place. Additionally, there are materials from the agency web sites 

within DOL that show the agency's policy or mission statement in an effort to flesh out the 

purpose and policy of various agencies. The URLs for these guidance documents are 

given in chart format. To give the end user a sense of structure, I have also included the 

DOL Organizational Chart.100 

Agency Response 

ARB The website101 provides access to Board decisions, Executive Mission and Members. 

ASP Web policies are still in draft 102. The DOL Policy Center Overview is cited below.103

BLS Three policy documents are attached. Mission statement is cited below.104

BRB The website105 provides access to Board decisions and Executive Mission. 

ECAB No written policy, the website provides access to Board decisions and Board's 

function.106

ESA Their website107 provides access to laws and regulations, published reports and mission 

statement. 

 

98 http://www.labornet.dol.gov/OASAM/LIBRARYxDLMS/dlms5_300.htm. 99 http://www.labornet.dol.gov/OASAM/LIBRARYxDLMS/dlms5_500.htm. 100 http://www2.dol.gov/dol/public/aboutdol/org/orgchart.htm. 101 http://www2.dol.gov/dol/arb/. 102 http://www-test.dol.gov/dol/dolonly/internet/standards.htm. 103 http://www2.dol.gov/dol/asp/public/aboutasp/mission/mission.htm. 104 http://www.bls.gov/blsmissn.htm. 105 http://www2.dol.gov/dol/brb/. 106 http://www2.dol.gov/dol/ecab/. 107 http://www2.dol.gov/dol/esa/. 
A Comprehensive Assessment of Public Information Dissemination 

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Agency Response 

ETA ETA has no set policy, said that divisions are supposed to follow policy set by Secy.'s 

office. Their website108 provides access to published reports and mission statement. 

Agency web technical standards, attached, are posted on the Workforce Development 

Service Center website.109

ILAB No policy of their own, they follow the Department's policy. Their website110 provides 

access to published reports and mission statement. 

MSHA Their web policy is attached. DLMS 5-1 Handbook on Public Affairs Policy, p.14, 

states MSHA Public Information Policy. Their statutory functions are cited below.111 

OALJ Their mission statement is cited below.112

OASAM The printing services brochure is attached.113 Departmental Information Accessibility 

Plan is attached. IT Center is revising their current forms, testing for document 

routing, nothing even in draft yet. Current OASAM Mission and Function is cited 

below.114

OCFO Their website115 provides access to Publications List, Financial Library (which 

includes DOL and other information), and mission statement. 

OCIO Their mission statement is cited below.116

OIG Have FOIA posted on their web page, follow E-FOIA, no other policy in place. Their 

mission statement, from Strategic Plan FY 1997-2002 is cited below.117

OSHA DLMS 5-1, Handbook on Public Affairs Policy, p. 15, states OSHA Public 

Information Policy. Docket office has procedures manual which is being updated 

(started with OPA, got transferred to Docket office) Their mission statement is cited 

below.118

OSBP Revisions to DLMS expected in mid-Oct 2000, until then, nothing. Their mission 

statement is cited below.119

PWBA They follow the Department's policy. Currently doing new ERISA processing, 

receiving materials via electronic format re: pension plans. Their Customer Service 

Standards are cited below.120

SOL Follow the Department's lead. About SOL is cited below.121

 

108 http://www.doleta.gov/. 109 http://www.wdsc.org/techcouncil/tech-std.html. 110 http://www2.dol.gov/dol/ilab/. 111 http://www.msha.gov/mshainfo/mshainf1.htm. 112 http://www.oalj.dol.gov/aljmissn.htm. 113 http://www.labornet.dol.gov/oasam/services/printing.htm. 114 http://www2.dol.gov/dol/oasam/public/info_about_oasam/mission/oasam1.htm. 115 http://www2.dol.gov/dol/ocfo/. 116 http://www2.dol.gov/dol/cio/public/about_cio/cmission.htm. 117 http://www.oig.dol.gov/public/strplan.pdf. 118 http://www.osha.gov/oshinfo/mission.html. 119 http://www2.dol.gov/dol/osbp/public/aboutosbp/mission.htm. 120 http://www2.dol.gov/dol/pwba/public/aboutpwba/main.htm. 121 http://www2.dol.gov/dol/sol/public/info_about_sol/main.htm. 
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Agency Response 

VETS ASVET memo 2-97 addresses this122, along with their mission statement.123

NB: we have experienced problems accessing this .pdf document, so a hard copy is 

attached. 

WB Follow department's policy, don't have their own Their mission statement is attached 

in two forms: one from their web124 and one from their office. 

Department of the Treasury 

1. The Department of the Treasury uses government-wide regulations on information dissemination 

as they have been issued. For example, we have followed the requirements under the Paperwork 

Reduction Act (PRA) to implement the Government Information Locator Service (GILS). 

Effective, October 1, 2000, the Treasury Chief Information Office (CIO) recently 

reorganized and has created an information management program office that will be 

responsible for information dissemination policy. The CIO office plans to develop, with 

assistance from general counsel, the required information dissemination policies levied 

under the PRA/GILS, Electronic Freedom of Information Act (E-FOIA), and Treasury 

Internet policy site. 

2. The Treasury bureaus have not established their own information dissemination policies and/or 

implementing programs; however, the Financial Management Service (FMS) developed a style 

guide located at: http://fms.treas.gov/style.html. 

3. The Department, with involvement of the bureaus, established guidelines for managing 

information on websites. The bureaus follow the Treasury guidelines located at: 

http://www.treas.gov/internetpolicy/procedures.html. 

In addition, FMS has developed more specific guidelines to keep the FMS website 

current. New items must be approved at the Director level and include a signed 

Memorandum of Understanding (MOU) (attached). All content providers must review and 

certify the accuracy of their data on a quarterly schedule. A CD of the FMS website is 

made monthly for archival purposes. The attached MOU lists FMS employees who 

maintain their own web on fms.treas.gov. 

4. The following sites provide Treasury public information products and are periodically updated: 

http://www.bep.treas.gov/

http://www.publicdebt.treas.gov/

http://www.usmint.gov/

http://www.irs.treas.gov/

http://www.treas.gov/fletc/foia/readroom.htm

http://www.customs.treas.gov/

http://www.fms.treas.gov/browse.html

http://www.treas.gov/foia

 

122 http://www-nvti.cudenver.edu/new/resources/Key Links/ASVET_MEMOS/ASVET202-97.PDF. 123 http://www2.dol.gov/dol/vets/public/aboutvets/mission/mission.htm. 124 http://www2.dol.gov/dol/wb/public/info_about_wb/mission.htm. 
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http://www.access.gpo.gov/su_docs/gils/index.html

http://www.treas.gov/information.html

5. The FOIA reading room is mandated by the E-FOIA and GILS was mandated by the PRA. The 

Treasury website was established by the Assistant Secretary for Management/CFO and the Deputy 

Assistant Secretary for Information Systems/CIO. The bureau websites were authorized by the 

bureau's head and the CIO. 

6. Treasury requests additional guidance from: (1) the Department of Justice to implement E-FOIA; 

(2) the Office of Management and Budget to implement the Privacy Act; and (3) government 

oversight agencies on web posting and content management. Further, bureaus recommend that 

aggressive program management be used to ensure the public receives effective and complete 

dissemination of, or access to, agency information. 

Department of Veterans Affairs (VA) 

1. The Department of Veterans Affairs (VA) has policy on the Freedom of Information Act and the 

dissemination of government information. The polices/procedures may be found at: 

a. http://www.va.gov/publ/direc/irm/6300dir.html — VA Directive 6300, Records and 

Information Management 

b. http://www.va.gov/publ/direc/irm/63003HB.html — VA Handbook 6300.3, Procedures 

for Implementing the Freedom of Information Act 

c. http://www.va.gov/publ/direc/irm/6360dir.html — VA Directive 6360, Dissemination 

of Government Held Information 

d. http://www.va.gov/publ/direc/irm/63601hb.pdf — Procedures for Implementation of 

the Government Information Locator System (GILS). 

2. Individual bureau-level units have not established separate policies or programs. They 

follow the department-wide policy. 

3. VA is in the process of drafting Internet/Intranet policy. 

4. VA does not have a comprehensive and authoritative listing of VA electronic information that is 

periodically updated. VA does have an index of information in its Electronic Reading Room 

(http://www.va.gov/foia/err/standard/Default.htm). In addition, there is an AltaVista search of 

pages on the www.va.gov web server that was last updated in 1994: http://www.altavista.com/cgibin/query?q=host%3Awww.va.gov++&r=&kl=XX&d0=&d1=12%2F31%2F1994&stype=stext&

pg=aq&Translate=on&search.x=0&search.y=0. 

VA's Veterans Benefits Administration (VBA) maintains a Web – Automated Reference 

Materials Systems (WARMS). WARMS provides internet access to VBA manuals, 

directives, circulars, letters, Title 38 Code of Federal Regulations and other reference 

materials to Veterans Service Organizations (VSO), Educational Institutions and the 

general public. WARMS is available to anyone with Internet access and is subject to 

timing bottlenecks depending on the number of current users accessing the site. 

VBA also has this information available on CD-ROM (ARMS CD). The Internet version 

uses a different search engine that does not offer a wide range of search options. Searches 

can only be performed on a single database or the entire collection of databases. A copy of 

the ARMS CD-ROM may be obtained by contacting Ms. Tammy Hurley at 202-273-

7077. 
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The Internet address is provided to non-VA persons requesting VBA publications. The 

application is accessible using any standard Internet browser and an Internet Service 

Provider. Links are provided within the WARMS Web page to download the free 

Microsoft viewer software needed to display the retrieved documents on the user 

workstation. Viewer software should only be downloaded to those workstations that do 

not currently contain the Microsoft Office 97 suite of programs. 

Users are provided with an option to provide feedback on the site. All personal Internet 

account users can forward comments to the ARMS Mailbox using their local mail 

software. All users accessing the system on a "borrowed" Internet account, such as a 

public library or other public use workstations can forward comments using an ARMS 

Contact Form. 

The site is updated to reflect current VBA publications. 

5. Major information products, etc., mandated by Congress, federal statute or put in place by the 

President, department/agency head, or senior program official: 

a. Applicable law regarding dissemination of information in general: 

(1) The Freedom of Information Act, 5 U.S.C. § 552 

(2) The Privacy Act, 5 U.S.C. § 552a 

b. Law applicable to VA in particular: 

(1) 38 U.S.C. § 5701—protects confidentiality of records related to veterans' claims, 

confidentiality of names and addresses of veterans and dependents. 

(2) 38 U.S.C. § 5705—protects confidentiality of medical quality assurance records 

(3) 38 U.S.C. § 7332—protects confidentiality of records related to the identity, diagnosis, 

prognosis, or treatment of any patient or subject which are maintained in connection with 

the performance of any program or activity related to drug abuse, alcoholism or alcohol 

abuse, infection with the human immunodeficiency virus, or sickle cell anemia. 

c. VA Regulations: 

(1) 38 CFR. Part 1, §§ 1.460-1.584 (http://www.va.gov/foia/regulations.htm) 

(2) 38 CFR. §§ 14.800-14.810 ("Touhy" regulations) 

(http://www.access.gpo.gov/nara/cfr-retrieve.html - page1) 

d. Policies put in place by the President: Executive Orders, including Executive Order 12, 

600, regarding process to be followed when release of confidential commercial 

information under 5 U.S.C. § 552(b)(4) is at issue 

e. Other: 

(1) U.S. Department of Justice Memorandum to Principal FOIA Administrative and Legal 

Contacts at All Federal Agencies (October 4, 1993), regarding "FOIA Policy Memoranda 

Issued by President Clinton and Attorney General Janet Reno" 

(2) Office of Management and Budget Circular A-110 

6. Maintain web site to include all current, publicly available information. 
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Environmental Protection Agency (EPA) 

1. Regarding published policies: 

YES, EPA has in place Directive 2100—the Information Resources Management Policy 

Manual. Specifically, Chapter 21, entitled Policy on Public Access to EPA Information, 

establishes the principles governing public access to, and dissemination of, information 

gathered and maintained by EPA. The Agency also has published a set of policies and 

informal guidelines entitled the "WEB Guide" (http://www.epa.gov/webguide/topics.htm). 

The Agency is actively identifying the need for new policies, especially regarding Internet 

dissemination. We are in the process of developing policies regarding Disabled Access 

(Section 508 of the Rehabilitation Act), Limited English Proficiency (LEP), and the use of 

Non-EPA servers. A recent policy memorandum on "cookies" will be faxed to you. We 

also continue to review existing policies. We have a public access strategy in development 

that will provide direction and framework for the various components of public access.

There is no EPA policy that mandates publishing public information only in electronic 

mediums and formats. In fact, EPA information may need to be made available in both 

paper and electronic formats to address the needs of public audiences. In many instances, 

printed "fact sheets" are still the most effective way to inform some communities of 

important events related to environmental protection (i.e., public meetings regarding 

cleanup at a hazardous waste site, advisories regarding potential contamination in fish, 

etc.). For databases and large documents, the Agency increasingly relies on electronic 

means. Large documents are typically available in both electronic and paper formats. 

While not advocating discontinuing the publication of information products in paper form, 

a September 23, 1996 memorandum entitled "Public Availability of EPA Information Via 

Internet" (http://www.epa.gov/webguide/get/hansmemo.htm) is a key EPA 

communication. In that memo, Deputy Administrator Hansen stated "the Agency has 

committed to make information from all EPA programs available through the Internet and 

other electronic means that Americans and local organizations can access in their homes, 

schools, and libraries." 

EPA is working to implement the Government Paperwork Elimination Act of 1998 where 

agencies must provide "for the option of electronic maintenance, submission, or disclosure 

of information, when practicable as a substitute for paper" within 5 years. 

2. EPA programs generally follow the policies developed for Agency-wide application as per EPA 

Directive 2100 and the informal guidance in the WEB Guide mentioned in the second part of 

Question 1 above. EPA also has a central Office that directs product review. In addition, EPA's 

Office of Environmental Information is in the process of canvassing EPA Programs and Regional 

offices for current information products and to identify any additional policies that may exist. 

3. Yes, as mentioned above in response to Question 1, EPA has a set of guidelines referred to as the 

WEB Guide (http://www.epa.gov/webguide/topics.htm). Please see the section entitled 

"Publishing on EPA Servers" for additional detail. 

Regarding "old" information, the WEB Guide contains the following: 

"Every Web site on EPA's public access server has the potential to become stale, out of 

date, obsolete, contain dead links or inaccurate information. Periodically Web sites must 
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be reviewed to ensure that only the highest quality information complying with the 

principles of the Web Guide, Product Review Guidance, and other Agency counsel is 

released to the public. In the words of the Chief Information Officer of the Agency, 

information must be 'timely, accurate, integrated, and useful to the public'." 

By requesting to post information on an EPA server, the data owner agrees to be 

responsible for and maintain the information that he/she publishes. Please recognize that 

this informal guideline is not vigorously enforced. 

The EPA Online Rules of Publishing (http://www.epa.gov/webguide/create/rules.htm) 

contain Rules (VII & VIII) that address permanent retention & availability, and archiving. 

Rule VIII contains information on Recordkeeping Requirements. It states "Program 

offices must establish recordkeeping requirements (RKR) for the records they create and 

receive in the course of their official duties. This guide will help program offices improve 

the quality of their documentation."

Records and archiving issues are complicated topics for web publication. This is a subject 

requiring clear policy, which EPA will address in the coming months.

4. At this time, the best way to find EPA public information products on the Internet is to go to the 

website of each Program or Office, or do a search. In most instances, each website has a 

prominent link for "publications" or "information products." While not perfect, these sites are 

much improved from earlier versions. In addition, the Agency is still active in maintaining its 

Government Information Locator System (GILS) for major data systems and public access points. 

The current GILS collection is maintained both through the Government Printing Office and on 

the EPA Web site at http://www.epa.gov/gils/. 

 

EPA and the Environmental Council of the States (ECOS) are working together to 

develop an Information Products Bulletin (IPB). An interim version of the bulletin is 

available on EPA's website at (http://www.epa.gov/ipbpages). The IPB will provide a 

comprehensive list of EPA's significant information products under development or major 

modification. The bulletin will also list some of the States' significant information 

products, and in some cases, identify opportunities for stakeholder involvement. The IPB 

has been initiated as one of several efforts by EPA and the States to advance the creation 

and use of data to enhance public health and environmental protection, inform 

decision-making, and improve the public's access to information about environmental 

conditions and trends. The final version of the IPB will be released in March 2001 and it 

will be updated every six months. 

In addition to the web, various EPA programs maintain "800#" hotlines that the public can 

call toll-free to learn about available publications for a particular topic (i.e. radon, Energy 

Star Program, Superfund, etc.) While not comprehensive for the Agency, they are useful 

in providing program-specific information. 

5. EPA is mandated by law to disseminate information. Examples of the various citations where we 

have been directly required to provide its information can be found in a March 1996 

Congressional Research Service Report (this can be provided, if necessary). For example, the 1986 

Emergency Planning and Community Right-to-Know Act (EPCRA), provides an infrastructure at 

the state and local levels to plan for chemical emergencies. Facilities that store, use, or release 

certain chemicals, may be subject to various reporting requirements. Reported information is then 
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made publicly available so that interested parties may become informed about potentially 

dangerous chemicals in their community. EPCRA requirements include: 

• Emergency planning notification (EPCRA §302) 

• Emergency release notification (EPCRA §304) 

• Hazardous chemical inventory reporting (EPCRA §§311/312) 

• Toxics Release Inventory (TRI) reporting (EPCRA §313); see 

(http://www.epa.gov/tri/ ) 

In addition, as a result of the Safe Drinking Water Act, reports of water quality are sent 

periodically by local water authorities to consumers with their monthly bills. 

Examples of Agency led initiatives include the Sunwise Program and the Surf Your 

Watershed Program (http://www.epa.gov/sunwise and 

http://www.epa.gov/surf3/sitemap/graphic2.html). 

An example of a recent policy memorandum recently developed by EPA's Office of 

Environmental Information is entitled "Protecting Personal Privacy on EPA's Public 

Access Web Site: Cookies Policy." This policy includes guidance for EPA programs on 

how to ensure that they are protecting the privacy of citizens using EPA web sites. In 

addition, we continue to develop polices as stated above in our response to Question 1, 

namely Section 508, Limited English Proficiency, and the use of Non-EPA servers. 

6. EPA is an Agency comprised of several programs stemming from different statutory authorities 

(i.e., Clean Water Act—Office of Water, Comprehensive Environmental Response, Compensation 

& Liability Act—the Superfund Program, and several others). A very significant challenge for us 

is to integrate the data and information from our various programs. They generate hundreds of 

information products. 

To better support and coordinate the work of these various programs, in 1998, EPA 

created the Office of Environmental Information (OEI). This office helps ensure that EPA 

collects high quality environmental information and makes it available to the American 

public. We provide guidance to assist the agency about the way we collect, manage, 

analyze and provide/allow access to environmental information. 

EPA's Office of Environmental Information: 

• sets goals, develop processes and establishes data standards to enhance environmental data 

and information collection, 

• centrally manages EPA's information technology (IT) policy, infrastructure and oversight 

of federal and agency information technology (IT) statutes, regulations, and standards, 

• develops and implements policies for improving public access to environmental 

information, and 

• oversees EPA's quality-related procedures and policies for environmental programs. 
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Federal Communications Commission (FCC) 

1. Yes we do have several written policies on FCC's access and dissemination to the public. FCC has 

had several NPRMs [Notices of Proposed Rulemaking] and Report and Orders on electronic filing 

initiatives. Most of these have been required to make e-filing mandatory. On the other hand, the 

use of the FCC web site, http://www.fcc.gov/, for dissemination of public notices, news releases, 

reports, and Commission orders has been an effort within the Commission to quickly disseminate 

information without written policy to do so, but simply to get information out ASAP. Our site has 

most of these documents dating back to 1994. Look at our site near the bottom for disclaimer 

information http://www.fcc.gov/disclaimers.html

2. The answer to this question is yes, there have been orders released by the Wireless Bureau on 

using the Universal Licensing System (ULS), Mass Media Bureau has done several as well, and so 

have the folks developing the Electronic Comment Filing System (ECFS), which I am responsible 

for, go to http://www.fcc.gov/e-file/ecfs.html search the database by putting in 97-113 for the 

proceeding name and the you can view the NPRM, the Comments filed, and the final Order. I 

cannot give you all of the cites for MMB and Wireless. 

3. The FCC web site has never been purged. Individual documents have been replaced if the 

incorrect or substantially wrong document was posted with the correct one. The FCC is sending 

NARA the paper original for records retention purposes. We do plan to send Computer Output 

Microfilm/Microfiche (COM) in lieu of paper in the future, but haven't had the time or resources 

to do so. With NARA incapable of receiving CD/ROM, COM is the next best thing, until then 

FCC will continue to send paper. 

4. FCC did the GILS thing several years ago, but has not really kept it up to date, however, we have 

2 search applications using numbers or subjects to check our site for relevant documents available 

over the internet. 

5. The Auctions activities are required by Congress. The rest have been a significant push by the 

present and previous Chairman to use the Internet for electronic filing and dissemination. Go to 

the following site for a list of our e-filing systems: http://www.fcc.gov/e-file/. 

6. Force NARA to receive agency documents by CD/ROM, electronically transmitted from us to 

them, accept the PDF file format or mandate the file format to use, or leave us alone. Most of our 

initiatives have been for the public to file electronically so that we use less paper. Eventually, we 

will either generate COM to send to NARA, or the records will be incomplete because their 

present requirements for accepting data are so outdated, e.g., 6250 bpi tape, no extraneous 

characters, 7 digit block factor,....please get real. 

Smithsonian Institution 

1. The Smithsonian Institution is a trust established by Congress for the increase and diffusion of 

knowledge. It has no governmental function and was created by Congress to be separate from the 

three branches of government. As such, it has no published policies on government information 

dissemination. 

In the course of fulfilling its mission to increase and diffuse knowledge, however, the 

Institution continually disseminates information through its publication of research results, 

its scholarly and popular publications, its exhibitions, and its public programs, including 

the issuances of the Office of Public Affairs, in addition to the Smithsonian website 

(http://www.si.edu/). Although the Institution is not covered by the Freedom of 

Information Act, it does respond to requests for information from the public. 
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No, [there is no letter or other communication from a senior official that mandates the 

discontinuance of publishing an information product in paper form, in favor of utilizing 

electronic mediums and formats]. 

2. The response to Question 1 applies here as well. 

3. There are no Smithsonian-wide guidelines. 

4. Such a listing is available on the Smithsonian website at http://www.si.edu/info/pubs_media.htm. 

5. Pursuant to its charter (specifically, 20 U.S.C.§ 57), the Institution submits to Congress an annual 

report of its operations, expenditures, and conditions. 

6. No response. 

Administrative Office of the United States Courts (AOUSC) 

1. The AO is committed to providing information to the public in a useful and timely fashion. This is 

done through the AO's Internet site (http://www.uscourts.gov/), publications, news releases, 

phone, fax, and other vehicles and methods of communication. Many, if not all, of the most 

frequently requested publications are available through this web site. They include The Third 

Branch, Understanding the Federal Courts, the Judicial Business of the United States Courts, and 

numerous other matters of public interest. In addition, the AO's Internet site is a gateway to federal 

court information nationwide and to many other court-related sites. Not only does the AO's 

Internet site link to all federal court web sites, it also provides Internet access to the Public Access 

to Court Electronic Records (PACER) system. In addition, the AO and the entire federal judiciary 

constantly explore more efficient and effective ways to conduct business and to make more 

information electronically accessible to the public. 

2. The AO's Office of Public Affairs (OPAF) is the point of contact for communications with the 

news media. OPAF also manages the AO's Internet site. While OPAF has much contact with the 

general public, certainly other AO offices also have a need to work with select public audiences. 

3. The AO's Office of Public Affairs (OPAF) monitors the AO's Internet site and regularly updates 

materials and publications. Press releases, new publications, proposed changes to rules of 

procedure used by lawyers who practice in federal courts, and various new reports are routinely 

added to the web site. Some of the more time-sensitive information, such as job vacancy 

announcements and requests for comments on proposed revisions of rules of practice and 

procedure, are removed automatically after their closing date. 

4. The AO produces a Publications Catalog which includes notations if the publication is available in 

electronic format. In addition, the Internet site's search capabilities provide for easy identification 

of public information products. 

5. The Rules Enabling Act (28 U.S.C. 2071-2077) requires the wide public dissemination of 

proposed changes to the rules of practice and procedure used by lawyers who practice in federal 

court. While the AO has published and continues to publish proposed amendments to the rules in 

the Federal Register, last year the same material was, for the first time, published on the AO's web 

site. This has enabled a broader audience to have access to this information. Comments about the 

proposed amendments also have been received via e-mail to this web site. In addition, information 

is provided about past and future meetings of the Judicial Conference committees with 

responsibility for rules of practice and procedure in the federal courts. Also, potential contractors 

can read Requests for Proposals (RFPs) for competitive procurement matters over the AO's 

Internet site. Additionally, the enclosed Publications Catalog indicates which publications are 

required by statute. 
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6. The AO has a long-standing commitment to providing public information to interested parties, 

within the context of legal constrictions on the release of certain information. While the AO has no 

recommendations for strengthening existing laws and policies at this time, it wishes to have an 

opportunity to comment on any proposed changes, especially as they may be related to limits on 

existing resources.