Civil & Administrative

NARA Proposed Renewal of OGIS Consent Form (NA Form 10003) for FOIA Mediation Services

🇺🇸United States··Notice·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The National Archives and Records Administration (NARA) is proposing to seek OMB renewal of NA Form 10003, a consent form used by the Office of Government Information Services (OGIS) — the federal FOIA ombudsman — to collect written authorization from individuals who request OGIS mediation in disputes with federal agencies over FOIA requests or appeals. Under the Privacy Act of 1974 (5 U.S.C. 552a(b)), federal agencies cannot share records or information about a person's FOIA request with a third party — including OGIS — without prior written consent, unless a published routine use covers that disclosure. Because many agencies lack such a routine use for OGIS, the consent form is legally required before OGIS can obtain case details needed to mediate. NA Form 10003 is currently collected only in paper or non-online formats. NARA acknowledges this limitation and states that once OGIS implements a future case management system with online submission capabilities, the intake and consent process will be moved online. This notice is a standard Paperwork Reduction Act (PRA) renewal action. It does not create new law or impose new obligations on agencies or the public; it simply maintains the administrative mechanism that allows OGIS to perform its statutory mediation and compliance review mission under 5 U.S.C. 552(h).

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • NARA proposes OMB renewal of NA Form 10003, the OGIS written consent form used in FOIA dispute mediation
  • No new legal obligations are created; this is a Paperwork Reduction Act (PRA) administrative renewal
  • Consent requirement stems from Privacy Act of 1974 (5 U.S.C. 552a(b)) — agencies cannot share FOIA records with OGIS without prior written consent absent a published routine use

+ 3 more changes with Pro

Obligations

What this law requires

high

NARA must obtain written consent from individuals before OGIS discloses their FOIA request details to federal agencies during mediation, unless the agency has a published routine use authorizing such disclosure to OGIS.

NARA/OGIS
operational
high

OGIS must use NA Form 10003 (Consent to Make Inquiries and Release of Information and Records) to collect written authorization from individuals requesting OGIS mediation services.

OGIS (Office of Government Information Services)
operational
high

Federal agencies cannot share records or information about a person's FOIA request with OGIS or other third parties without prior written consent from that person, unless a published routine use covers that disclosure.

All federal agencies
prohibition
medium

NARA must seek and obtain OMB renewal approval for NA Form 10003 to continue collecting consent forms from individuals requesting OGIS mediation.

NARA
operational
medium

NARA must transition NA Form 10003 collection from paper or non-online formats to online submission once OGIS implements a future case management system with online submission capabilities.

NARA/OGIS
operational

Affected Parties

Individuals who have filed FOIA requests or appeals with federal agencies and seek OGIS mediationFederal agencies subject to FOIA (5 U.S.C. 552) whose records may be shared with OGIS during mediation+3 more…

Tags

FOIA,OGIS,Privacy Act