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CITE

    5 USC Sec. 552                                              01/05/2009

EXPCITE

    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART I - THE AGENCIES GENERALLY
    CHAPTER 5 - ADMINISTRATIVE PROCEDURE
    SUBCHAPTER II - ADMINISTRATIVE PROCEDURE

HEAD

    Sec. 552. Public information; agency rules, opinions, orders,
      records, and proceedings

STATUTE

      (a) Each agency shall make available to the public information as
    follows:
      (1) Each agency shall separately state and currently publish in
    the Federal Register for the guidance of the public -
        (A) descriptions of its central and field organization and the
      established places at which, the employees (and in the case of a
      uniformed service, the members) from whom, and the methods
      whereby, the public may obtain information, make submittals or
      requests, or obtain decisions;
        (B) statements of the general course and method by which its
      functions are channeled and determined, including the nature and
      requirements of all formal and informal procedures available;
        (C) rules of procedure, descriptions of forms available or the
      places at which forms may be obtained, and instructions as to the
      scope and contents of all papers, reports, or examinations;
        (D) substantive rules of general applicability adopted as
      authorized by law, and statements of general policy or
      interpretations of general applicability formulated and adopted
      by the agency; and
        (E) each amendment, revision, or repeal of the foregoing.
    Except to the extent that a person has actual and timely notice of
    the terms thereof, a person may not in any manner be required to
    resort to, or be adversely affected by, a matter required to be
    published in the Federal Register and not so published. For the
    purpose of this paragraph, matter reasonably available to the class
    of persons affected thereby is deemed published in the Federal
    Register when incorporated by reference therein with the approval
    of the Director of the Federal Register.
      (2) Each agency, in accordance with published rules, shall make
    available for public inspection and copying -
        (A) final opinions, including concurring and dissenting
      opinions, as well as orders, made in the adjudication of cases;
        (B) those statements of policy and interpretations which have
      been adopted by the agency and are not published in the Federal
      Register;
        (C) administrative staff manuals and instructions to staff that
      affect a member of the public;
        (D) copies of all records, regardless of form or format, which
      have been released to any person under paragraph (3) and which,
      because of the nature of their subject matter, the agency
      determines have become or are likely to become the subject of
      subsequent requests for substantially the same records; and
        (E) a general index of the records referred to under
      subparagraph (D);
    unless the materials are promptly published and copies offered for
    sale. For records created on or after November 1, 1996, within one
    year after such date, each agency shall make such records
    available, including by computer telecommunications or, if computer
    telecommunications means have not been established by the agency,
    by other electronic means. To the extent required to prevent a
    clearly unwarranted invasion of personal privacy, an agency may
    delete identifying details when it makes available or publishes an
    opinion, statement of policy, interpretation, staff manual,
    instruction, or copies of records referred to in subparagraph (D).
    However, in each case the justification for the deletion shall be
    explained fully in writing, and the extent of such deletion shall
    be indicated on the portion of the record which is made available
    or published, unless including that indication would harm an
    interest protected by the exemption in subsection (b) under which
    the deletion is made. If technically feasible, the extent of the
    deletion shall be indicated at the place in the record where the
    deletion was made. Each agency shall also maintain and make
    available for public inspection and copying current indexes
    providing identifying information for the public as to any matter
    issued, adopted, or promulgated after July 4, 1967, and required by
    this paragraph to be made available or published. Each agency shall
    promptly publish, quarterly or more frequently, and distribute (by
    sale or otherwise) copies of each index or supplements thereto
    unless it determines by order published in the Federal Register
    that the publication would be unnecessary and impracticable, in
    which case the agency shall nonetheless provide copies of such
    index on request at a cost not to exceed the direct cost of
    duplication. Each agency shall make the index referred to in
    subparagraph (E) available by computer telecommunications by
    December 31, 1999. A final order, opinion, statement of policy,
    interpretation, or staff manual or instruction that affects a
    member of the public may be relied on, used, or cited as precedent
    by an agency against a party other than an agency only if -
        (i) it has been indexed and either made available or published
      as provided by this paragraph; or
        (ii) the party has actual and timely notice of the terms
      thereof.
      (3)(A) Except with respect to the records made available under
    paragraphs (1) and (2) of this subsection, and except as provided
    in subparagraph (E), each agency, upon any request for records
    which (i) reasonably describes such records and (ii) is made in
    accordance with published rules stating the time, place, fees (if
    any), and procedures to be followed, shall make the records
    promptly available to any person.
      (B) In making any record available to a person under this
    paragraph, an agency shall provide the record in any form or format
    requested by the person if the record is readily reproducible by
    the agency in that form or format. Each agency shall make
    reasonable efforts to maintain its records in forms or formats that
    are reproducible for purposes of this section.
      (C) In responding under this paragraph to a request for records,
    an agency shall make reasonable efforts to search for the records
    in electronic form or format, except when such efforts would
    significantly interfere with the operation of the agency's
    automated information system.
      (D) For purposes of this paragraph, the term "search" means to
    review, manually or by automated means, agency records for the
    purpose of locating those records which are responsive to a
    request.
      (E) An agency, or part of an agency, that is an element of the
    intelligence community (as that term is defined in section 3(4) of
    the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not
    make any record available under this paragraph to -
        (i) any government entity, other than a State, territory,
      commonwealth, or district of the United States, or any
      subdivision thereof; or
        (ii) a representative of a government entity described in
      clause (i).
      (4)(A)(i) In order to carry out the provisions of this section,
    each agency shall promulgate regulations, pursuant to notice and
    receipt of public comment, specifying the schedule of fees
    applicable to the processing of requests under this section and
    establishing procedures and guidelines for determining when such
    fees should be waived or reduced. Such schedule shall conform to
    the guidelines which shall be promulgated, pursuant to notice and
    receipt of public comment, by the Director of the Office of
    Management and Budget and which shall provide for a uniform
    schedule of fees for all agencies.
      (ii) Such agency regulations shall provide that -
        (I) fees shall be limited to reasonable standard charges for
      document search, duplication, and review, when records are
      requested for commercial use;
        (II) fees shall be limited to reasonable standard charges for
      document duplication when records are not sought for commercial
      use and the request is made by an educational or noncommercial
      scientific institution, whose purpose is scholarly or scientific
      research; or a representative of the news media; and
        (III) for any request not described in (I) or (II), fees shall
      be limited to reasonable standard charges for document search and
      duplication.
    In this clause, the term "a representative of the news media" means
    any person or entity that gathers information of potential interest
    to a segment of the public, uses its editorial skills to turn the
    raw materials into a distinct work, and distributes that work to an
    audience. In this clause, the term "news" means information that is
    about current events or that would be of current interest to the
    public. Examples of news-media entities are television or radio
    stations broadcasting to the public at large and publishers of
    periodicals (but only if such entities qualify as disseminators of
    "news") who make their products available for purchase by or
    subscription by or free distribution to the general public. These
    examples are not all-inclusive. Moreover, as methods of news
    delivery evolve (for example, the adoption of the electronic
    dissemination of newspapers through telecommunications services),
    such alternative media shall be considered to be news-media
    entities. A freelance journalist shall be regarded as working for a
    news-media entity if the journalist can demonstrate a solid basis
    for expecting publication through that entity, whether or not the
    journalist is actually employed by the entity. A publication
    contract would present a solid basis for such an expectation; the
    Government may also consider the past publication record of the
    requester in making such a determination.
      (iii) Documents shall be furnished without any charge or at a
    charge reduced below the fees established under clause (ii) if
    disclosure of the information is in the public interest because it
    is likely to contribute significantly to public understanding of
    the operations or activities of the government and is not primarily
    in the commercial interest of the requester.
      (iv) Fee schedules shall provide for the recovery of only the
    direct costs of search, duplication, or review. Review costs shall
    include only the direct costs incurred during the initial
    examination of a document for the purposes of determining whether
    the documents must be disclosed under this section and for the
    purposes of withholding any portions exempt from disclosure under
    this section. Review costs may not include any costs incurred in
    resolving issues of law or policy that may be raised in the course
    of processing a request under this section. No fee may be charged
    by any agency under this section -
        (I) if the costs of routine collection and processing of the
      fee are likely to equal or exceed the amount of the fee; or
        (II) for any request described in clause (ii) (II) or (III) of
      this subparagraph for the first two hours of search time or for
      the first one hundred pages of duplication.
      (v) No agency may require advance payment of any fee unless the
    requester has previously failed to pay fees in a timely fashion, or
    the agency has determined that the fee will exceed $250.
      (vi) Nothing in this subparagraph shall supersede fees chargeable
    under a statute specifically providing for setting the level of
    fees for particular types of records.
      (vii) In any action by a requester regarding the waiver of fees
    under this section, the court shall determine the matter de novo:
    Provided, That the court's review of the matter shall be limited to
    the record before the agency.
      (viii) An agency shall not assess search fees (or in the case of
    a requester described under clause (ii)(II), duplication fees)
    under this subparagraph if the agency fails to comply with any time
    limit under paragraph (6), if no unusual or exceptional
    circumstances (as those terms are defined for purposes of
    paragraphs (6)(B) and (C), respectively) apply to the processing of
    the request.
      (B) On complaint, the district court of the United States in the
    district in which the complainant resides, or has his principal
    place of business, or in which the agency records are situated, or
    in the District of Columbia, has jurisdiction to enjoin the agency
    from withholding agency records and to order the production of any
    agency records improperly withheld from the complainant. In such a
    case the court shall determine the matter de novo, and may examine
    the contents of such agency records in camera to determine whether
    such records or any part thereof shall be withheld under any of the
    exemptions set forth in subsection (b) of this section, and the
    burden is on the agency to sustain its action. In addition to any
    other matters to which a court accords substantial weight, a court
    shall accord substantial weight to an affidavit of an agency
    concerning the agency's determination as to technical feasibility
    under paragraph (2)(C) and subsection (b) and reproducibility under
    paragraph (3)(B).
      (C) Notwithstanding any other provision of law, the defendant
    shall serve an answer or otherwise plead to any complaint made
    under this subsection within thirty days after service upon the
    defendant of the pleading in which such complaint is made, unless
    the court otherwise directs for good cause shown.
      [(D) Repealed. Pub. L. 98-620, title IV, Sec. 402(2), Nov. 8,
    1984, 98 Stat. 3357.]
      (E)(i) The court may assess against the United States reasonable
    attorney fees and other litigation costs reasonably incurred in any
    case under this section in which the complainant has substantially
    prevailed.
      (ii) For purposes of this subparagraph, a complainant has
    substantially prevailed if the complainant has obtained relief
    through either -
        (I) a judicial order, or an enforceable written agreement or
      consent decree; or
        (II) a voluntary or unilateral change in position by the
      agency, if the complainant's claim is not insubstantial.
      (F)(i) Whenever the court orders the production of any agency
    records improperly withheld from the complainant and assesses
    against the United States reasonable attorney fees and other
    litigation costs, and the court additionally issues a written
    finding that the circumstances surrounding the withholding raise
    questions whether agency personnel acted arbitrarily or
    capriciously with respect to the withholding, the Special Counsel
    shall promptly initiate a proceeding to determine whether
    disciplinary action is warranted against the officer or employee
    who was primarily responsible for the withholding. The Special
    Counsel, after investigation and consideration of the evidence
    submitted, shall submit his findings and recommendations to the
    administrative authority of the agency concerned and shall send
    copies of the findings and recommendations to the officer or
    employee or his representative. The administrative authority shall
    take the corrective action that the Special Counsel recommends.
      (ii) The Attorney General shall -
        (I) notify the Special Counsel of each civil action described
      under the first sentence of clause (i); and
        (II) annually submit a report to Congress on the number of such
      civil actions in the preceding year.
      (iii) The Special Counsel shall annually submit a report to
    Congress on the actions taken by the Special Counsel under clause
    (i).
      (G) In the event of noncompliance with the order of the court,
    the district court may punish for contempt the responsible
    employee, and in the case of a uniformed service, the responsible
    member.
      (5) Each agency having more than one member shall maintain and
    make available for public inspection a record of the final votes of
    each member in every agency proceeding.
      (6)(A) Each agency, upon any request for records made under
    paragraph (1), (2), or (3) of this subsection, shall -
        (i) determine within 20 days (excepting Saturdays, Sundays, and
      legal public holidays) after the receipt of any such request
      whether to comply with such request and shall immediately notify
      the person making such request of such determination and the
      reasons therefor, and of the right of such person to appeal to
      the head of the agency any adverse determination; and
        (ii) make a determination with respect to any appeal within
      twenty days (excepting Saturdays, Sundays, and legal public
      holidays) after the receipt of such appeal. If on appeal the
      denial of the request for records is in whole or in part upheld,
      the agency shall notify the person making such request of the
      provisions for judicial review of that determination under
      paragraph (4) of this subsection.
    The 20-day period under clause (i) shall commence on the date on
    which the request is first received by the appropriate component of
    the agency, but in any event not later than ten days after the
    request is first received by any component of the agency that is
    designated in the agency's regulations under this section to
    receive requests under this section. The 20-day period shall not be
    tolled by the agency except -
        (I) that the agency may make one request to the requester for
      information and toll the 20-day period while it is awaiting such
      information that it has reasonably requested from the requester
      under this section; or
        (II) if necessary to clarify with the requester issues
      regarding fee assessment. In either case, the agency's receipt of
      the requester's response to the agency's request for information
      or clarification ends the tolling period.
      (B)(i) In unusual circumstances as specified in this
    subparagraph, the time limits prescribed in either clause (i) or
    clause (ii) of subparagraph (A) may be extended by written notice
    to the person making such request setting forth the unusual
    circumstances for such extension and the date on which a
    determination is expected to be dispatched. No such notice shall
    specify a date that would result in an extension for more than ten
    working days, except as provided in clause (ii) of this
    subparagraph.
      (ii) With respect to a request for which a written notice under
    clause (i) extends the time limits prescribed under clause (i) of
    subparagraph (A), the agency shall notify the person making the
    request if the request cannot be processed within the time limit
    specified in that clause and shall provide the person an
    opportunity to limit the scope of the request so that it may be
    processed within that time limit or an opportunity to arrange with
    the agency an alternative time frame for processing the request or
    a modified request. To aid the requester, each agency shall make
    available its FOIA Public Liaison, who shall assist in the
    resolution of any disputes between the requester and the agency.
    Refusal by the person to reasonably modify the request or arrange
    such an alternative time frame shall be considered as a factor in
    determining whether exceptional circumstances exist for purposes of
    subparagraph (C).
      (iii) As used in this subparagraph, "unusual circumstances"
    means, but only to the extent reasonably necessary to the proper
    processing of the particular requests -
        (I) the need to search for and collect the requested records
      from field facilities or other establishments that are separate
      from the office processing the request;
        (II) the need to search for, collect, and appropriately examine
      a voluminous amount of separate and distinct records which are
      demanded in a single request; or
        (III) the need for consultation, which shall be conducted with
      all practicable speed, with another agency having a substantial
      interest in the determination of the request or among two or more
      components of the agency having substantial subject-matter
      interest therein.
      (iv) Each agency may promulgate regulations, pursuant to notice
    and receipt of public comment, providing for the aggregation of
    certain requests by the same requestor, or by a group of requestors
    acting in concert, if the agency reasonably believes that such
    requests actually constitute a single request, which would
    otherwise satisfy the unusual circumstances specified in this
    subparagraph, and the requests involve clearly related matters.
    Multiple requests involving unrelated matters shall not be
    aggregated.
      (C)(i) Any person making a request to any agency for records
    under paragraph (1), (2), or (3) of this subsection shall be deemed
    to have exhausted his administrative remedies with respect to such
    request if the agency fails to comply with the applicable time
    limit provisions of this paragraph. If the Government can show
    exceptional circumstances exist and that the agency is exercising
    due diligence in responding to the request, the court may retain
    jurisdiction and allow the agency additional time to complete its
    review of the records. Upon any determination by an agency to
    comply with a request for records, the records shall be made
    promptly available to such person making such request. Any
    notification of denial of any request for records under this
    subsection shall set forth the names and titles or positions of
    each person responsible for the denial of such request.
      (ii) For purposes of this subparagraph, the term "exceptional
    circumstances" does not include a delay that results from a
    predictable agency workload of requests under this section, unless
    the agency demonstrates reasonable progress in reducing its backlog
    of pending requests.
      (iii) Refusal by a person to reasonably modify the scope of a
    request or arrange an alternative time frame for processing a
    request (or a modified request) under clause (ii) after being given
    an opportunity to do so by the agency to whom the person made the
    request shall be considered as a factor in determining whether
    exceptional circumstances exist for purposes of this subparagraph.
      (D)(i) Each agency may promulgate regulations, pursuant to notice
    and receipt of public comment, providing for multitrack processing
    of requests for records based on the amount of work or time (or
    both) involved in processing requests.
      (ii) Regulations under this subparagraph may provide a person
    making a request that does not qualify for the fastest multitrack
    processing an opportunity to limit the scope of the request in
    order to qualify for faster processing.
      (iii) This subparagraph shall not be considered to affect the
    requirement under subparagraph (C) to exercise due diligence.
      (E)(i) Each agency shall promulgate regulations, pursuant to
    notice and receipt of public comment, providing for expedited
    processing of requests for records -
        (I) in cases in which the person requesting the records
      demonstrates a compelling need; and
        (II) in other cases determined by the agency.
      (ii) Notwithstanding clause (i), regulations under this
    subparagraph must ensure -
        (I) that a determination of whether to provide expedited
      processing shall be made, and notice of the determination shall
      be provided to the person making the request, within 10 days
      after the date of the request; and
        (II) expeditious consideration of administrative appeals of
      such determinations of whether to provide expedited processing.
      (iii) An agency shall process as soon as practicable any request
    for records to which the agency has granted expedited processing
    under this subparagraph. Agency action to deny or affirm denial of
    a request for expedited processing pursuant to this subparagraph,
    and failure by an agency to respond in a timely manner to such a
    request shall be subject to judicial review under paragraph (4),
    except that the judicial review shall be based on the record before
    the agency at the time of the determination.
      (iv) A district court of the United States shall not have
    jurisdiction to review an agency denial of expedited processing of
    a request for records after the agency has provided a complete
    response to the request.
      (v) For purposes of this subparagraph, the term "compelling need"
    means -
        (I) that a failure to obtain requested records on an expedited
      basis under this paragraph could reasonably be expected to pose
      an imminent threat to the life or physical safety of an
      individual; or
        (II) with respect to a request made by a person primarily
      engaged in disseminating information, urgency to inform the
      public concerning actual or alleged Federal Government activity.
      (vi) A demonstration of a compelling need by a person making a
    request for expedited processing shall be made by a statement
    certified by such person to be true and correct to the best of such
    person's knowledge and belief.
      (F) In denying a request for records, in whole or in part, an
    agency shall make a reasonable effort to estimate the volume of any
    requested matter the provision of which is denied, and shall
    provide any such estimate to the person making the request, unless
    providing such estimate would harm an interest protected by the
    exemption in subsection (b) pursuant to which the denial is made.
      (7) Each agency shall -
        (A) establish a system to assign an individualized tracking
      number for each request received that will take longer than ten
      days to process and provide to each person making a request the
      tracking number assigned to the request; and
        (B) establish a telephone line or Internet service that
      provides information about the status of a request to the person
      making the request using the assigned tracking number, including -
          (i) the date on which the agency originally received the
        request; and
          (ii) an estimated date on which the agency will complete
        action on the request.
      (b) This section does not apply to matters that are -
        (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;
        (2) related solely to the internal personnel rules and
      practices of an agency;
        (3) specifically exempted from disclosure by statute (other
      than section 552b of this title), provided that such 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;
        (4) trade secrets and commercial or financial information
      obtained from a person and privileged or confidential;
        (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;
        (6) personnel and medical files and similar files the
      disclosure of which would constitute a clearly unwarranted
      invasion of personal privacy;
        (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
      criminal law enforcement authority in the course of a criminal
      investigation or by an agency conducting a 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;
        (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; or
        (9) geological and geophysical information and data, including
      maps, concerning wells.
    Any reasonably segregable portion of a record shall be provided to
    any person requesting such record after deletion of the portions
    which are exempt under this subsection. The amount of information
    deleted, and the exemption under which the deletion is made, shall
    be indicated on the released portion of the record, unless
    including that indication would harm an interest protected by the
    exemption in this subsection under which the deletion is made. If
    technically feasible, the amount of the information deleted, and
    the exemption under which the deletion is made, shall be indicated
    at the place in the record where such deletion is made.
      (c)(1) Whenever a request is made which involves access to
    records described in subsection (b)(7)(A) and -
        (A) the investigation or proceeding involves a possible
      violation of criminal law; and
        (B) there is reason to believe that (i) the subject of the
      investigation or proceeding is not aware of its pendency, and
      (ii) disclosure of the existence of the records could reasonably
      be expected to interfere with enforcement proceedings,
    the agency may, during only such time as that circumstance
    continues, treat the records as not subject to the requirements of
    this section.
      (2) Whenever informant records maintained by a criminal law
    enforcement agency under an informant's name or personal identifier
    are requested by a third party according to the informant's name or
    personal identifier, the agency may treat the records as not
    subject to the requirements of this section unless the informant's
    status as an informant has been officially confirmed.
      (3) Whenever a request is made which involves access to records
    maintained by the Federal Bureau of Investigation pertaining to
    foreign intelligence or counterintelligence, or international
    terrorism, and the existence of the records is classified
    information as provided in subsection (b)(1), the Bureau may, as
    long as the existence of the records remains classified
    information, treat the records as not subject to the requirements
    of this section.
      (d) This section does not authorize withholding of information or
    limit the availability of records to the public, except as
    specifically stated in this section. This section is not authority
    to withhold information from Congress.
      (e)(1) On or before February 1 of each year, each agency shall
    submit to the Attorney General of the United States a report which
    shall cover the preceding fiscal year and which shall include -
        (A) the number of determinations made by the agency not to
      comply with requests for records made to such agency under
      subsection (a) and the reasons for each such determination;
        (B)(i) the number of appeals made by persons under subsection
      (a)(6), the result of such appeals, and the reason for the action
      upon each appeal that results in a denial of information; and
        (ii) a complete list of all statutes that the agency relies
      upon to authorize the agency to withhold information under
      subsection (b)(3), the number of occasions on which each statute
      was relied upon, a description of whether a court has upheld the
      decision of the agency to withhold information under each such
      statute, and a concise description of the scope of any
      information withheld;
        (C) the number of requests for records pending before the
      agency as of September 30 of the preceding year, and the median
      and average number of days that such requests had been pending
      before the agency as of that date;
        (D) the number of requests for records received by the agency
      and the number of requests which the agency processed;
        (E) the median number of days taken by the agency to process
      different types of requests, based on the date on which the
      requests were received by the agency;
        (F) the average number of days for the agency to respond to a
      request beginning on the date on which the request was received
      by the agency, the median number of days for the agency to
      respond to such requests, and the range in number of days for the
      agency to respond to such requests;
        (G) based on the number of business days that have elapsed
      since each request was originally received by the agency -
          (i) the number of requests for records to which the agency
        has responded with a determination within a period up to and
        including 20 days, and in 20-day increments up to and including
        200 days;
          (ii) the number of requests for records to which the agency
        has responded with a determination within a period greater than
        200 days and less than 301 days;
          (iii) the number of requests for records to which the agency
        has responded with a determination within a period greater than
        300 days and less than 401 days; and
          (iv) the number of requests for records to which the agency
        has responded with a determination within a period greater than
        400 days;
        (H) the average number of days for the agency to provide the
      granted information beginning on the date on which the request
      was originally filed, the median number of days for the agency to
      provide the granted information, and the range in number of days
      for the agency to provide the granted information;
        (I) the median and average number of days for the agency to
      respond to administrative appeals based on the date on which the
      appeals originally were received by the agency, the highest
      number of business days taken by the agency to respond to an
      administrative appeal, and the lowest number of business days
      taken by the agency to respond to an administrative appeal;
        (J) data on the 10 active requests with the earliest filing
      dates pending at each agency, including the amount of time that
      has elapsed since each request was originally received by the
      agency;
        (K) data on the 10 active administrative appeals with the
      earliest filing dates pending before the agency as of September
      30 of the preceding year, including the number of business days
      that have elapsed since the requests were originally received by
      the agency;
        (L) the number of expedited review requests that are granted
      and denied, the average and median number of days for
      adjudicating expedited review requests, and the number
      adjudicated within the required 10 days;
        (M) the number of fee waiver requests that are granted and
      denied, and the average and median number of days for
      adjudicating fee waiver determinations;
        (N) the total amount of fees collected by the agency for
      processing requests; and
        (O) the number of full-time staff of the agency devoted to
      processing requests for records under this section, and the total
      amount expended by the agency for processing such requests.
      (2) Information in each report submitted under paragraph (1)
    shall be expressed in terms of each principal component of the
    agency and for the agency overall.
      (3) Each agency shall make each such report available to the
    public including by computer telecommunications, or if computer
    telecommunications means have not been established by the agency,
    by other electronic means. In addition, each agency shall make the
    raw statistical data used in its reports available electronically
    to the public upon request.
      (4) The Attorney General of the United States shall make each
    report which has been made available by electronic means available
    at a single electronic access point. The Attorney General of the
    United States shall notify the Chairman and ranking minority member
    of the Committee on Government Reform and Oversight of the House of
    Representatives and the Chairman and ranking minority member of the
    Committees on Governmental Affairs and the Judiciary of the Senate,
    no later than April 1 of the year in which each such report is
    issued, that such reports are available by electronic means.
      (5) The Attorney General of the United States, in consultation
    with the Director of the Office of Management and Budget, shall
    develop reporting and performance guidelines in connection with
    reports required by this subsection by October 1, 1997, and may
    establish additional requirements for such reports as the Attorney
    General determines may be useful.
      (6) The Attorney General of the United States shall submit an
    annual report on or before April 1 of each calendar year which
    shall include for the prior calendar year a listing of the number
    of cases arising under this section, the exemption involved in each
    case, the disposition of such case, and the cost, fees, and
    penalties assessed under subparagraphs (E), (F), and (G) of
    subsection (a)(4). Such report shall also include a description of
    the efforts undertaken by the Department of Justice to encourage
    agency compliance with this section.
      (f) For purposes of this section, the term -
        (1) "agency" as defined in section 551(1) of this title
      includes any executive department, military department,
      Government corporation, Government controlled corporation, or
      other establishment in the executive branch of the Government
      (including the Executive Office of the President), or any
      independent regulatory agency; and
        (2) "record" and any other term used in this section in
      reference to information includes -
          (A) any information that would be an agency record subject to
        the requirements of this section when maintained by an agency
        in any format, including an electronic format; and
          (B) any information described under subparagraph (A) that is
        maintained for an agency by an entity under Government
        contract, for the purposes of records management.
      (g) The head of each agency shall prepare and make publicly
    available upon request, reference material or a guide for
    requesting records or information from the agency, subject to the
    exemptions in subsection (b), including -
        (1) an index of all major information systems of the agency;
        (2) a description of major information and record locator
      systems maintained by the agency; and
        (3) a handbook for obtaining various types and categories of
      public information from the agency pursuant to chapter 35 of
      title 44, and under this section.
      (h)(1) There is established the Office of Government Information
    Services within the National Archives and Records Administration.
      (2) The Office of Government Information Services shall -
        (A) review policies and procedures of administrative agencies
      under this section;
        (B) review compliance with this section by administrative
      agencies; and
        (C) recommend policy changes to Congress and the President to
      improve the administration of this section.
      (3) The Office of Government Information Services shall offer
    mediation services to resolve disputes between persons making
    requests under this section and administrative agencies as a non-
    exclusive alternative to litigation and, at the discretion of the
    Office, may issue advisory opinions if mediation has not resolved
    the dispute.
      (i) The Government Accountability Office shall conduct audits of
    administrative agencies on the implementation of this section and
    issue reports detailing the results of such audits.
      (j) Each agency shall designate a Chief FOIA Officer who shall be
    a senior official of such agency (at the Assistant Secretary or
    equivalent level).
      (k) The Chief FOIA Officer of each agency shall, subject to the
    authority of the head of the agency -
        (1) have agency-wide responsibility for efficient and
      appropriate compliance with this section;
        (2) monitor implementation of this section throughout the
      agency and keep the head of the agency, the chief legal officer
      of the agency, and the Attorney General appropriately informed of
      the agency's performance in implementing this section;
        (3) recommend to the head of the agency such adjustments to
      agency practices, policies, personnel, and funding as may be
      necessary to improve its implementation of this section;
        (4) review and report to the Attorney General, through the head
      of the agency, at such times and in such formats as the Attorney
      General may direct, on the agency's performance in implementing
      this section;
        (5) facilitate public understanding of the purposes of the
      statutory exemptions of this section by including concise
      descriptions of the exemptions in both the agency's handbook
      issued under subsection (g), and the agency's annual report on
      this section, and by providing an overview, where appropriate, of
      certain general categories of agency records to which those
      exemptions apply; and
        (6) designate one or more FOIA Public Liaisons.
      (l) FOIA Public Liaisons shall report to the agency Chief FOIA
    Officer and shall serve as supervisory officials to whom a
    requester under this section can raise concerns about the service
    the requester has received from the FOIA Requester Center,
    following an initial response from the FOIA Requester Center Staff.
    FOIA Public Liaisons shall be responsible for assisting in reducing
    delays, increasing transparency and understanding of the status of
    requests, and assisting in the resolution of disputes.

SOURCE

    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23, Sec.
    1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, Secs. 1-3, Nov. 21,
    1974, 88 Stat. 1561-1564; Pub. L. 94-409, Sec. 5(b), Sept. 13,
    1976, 90 Stat. 1247; Pub. L. 95-454, title IX, Sec. 906(a)(10),
    Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, Sec.
    402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, Secs.
    1802, 1803, Oct. 27, 1986, 100 Stat. 3207-48, 3207-49; Pub. L. 104-
    231, Secs. 3-11, Oct. 2, 1996, 110 Stat. 3049-3054; Pub. L. 107-
    306, title III, Sec. 312, Nov. 27, 2002, 116 Stat. 2390; Pub. L.
    110-175, Secs. 3, 4(a), 5, 6(a)(1), (b)(1), 7(a), 8-10(a), 12, Dec.
    31, 2007, 121 Stat. 2525-2530.)

HISTORICAL AND REVISION NOTES

                                 1966 ACT
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and
                                                   Statutes at Large
    --------------------------------------------------------------------
                    5 U.S.C. 1002.           June 11, 1946, ch. 324,
                                              Sec. 3, 60 Stat. 238.
    --------------------------------------------------------------------
      In subsection (b)(3), the words "formulated and" are omitted as
    surplusage. In the last sentence of subsection (b), the words "in
    any manner" are omitted as surplusage since the prohibition is all
    inclusive.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.
                                 1967 ACT
      Section 1 [of Pub. L. 90-23] amends section 552 of title 5,
    United States Code, to reflect Public Law 89-487.
      In subsection (a)(1)(A), the words "employees (and in the case of
    a uniformed service, the member)" are substituted for "officer" to
    retain the coverage of Public Law 89-487 and to conform to the
    definitions in 5 U.S.C. 2101, 2104, and 2105.
      In the last sentence of subsection (a)(2), the words "A final
    order * * * may be relied on * * * only if" are substituted for "No
    final order * * * may be relied upon * * * unless"; and the words
    "a party other than an agency" and "the party" are substituted for
    "a private party" and "the private party", respectively, on
    authority of the definition of "private party" in 5 App. U.S.C.
    1002(g).
      In subsection (a)(3), the words "the responsible employee, and in
    the case of a uniformed service, the responsible member" are
    substituted for "the responsible officers" to retain the coverage
    of Public Law 89-487 and to conform to the definitions in 5 U.S.C.
    2101, 2104, and 2105.
      In subsection (a)(4), the words "shall maintain and make
    available for public inspection a record" are substituted for
    "shall keep a record * * * and that record shall be available for
    public inspection".
      In subsection (b)(5) and (7), the words "a party other than an
    agency" are substituted for "a private party" on authority of the
    definition of "private party" in 5 App. U.S.C. 1002(g).
      In subsection (c), the words "This section does not authorize"
    and "This section is not authority" are substituted for "Nothing in
    this section authorizes" and "nor shall this section be authority",
    respectively.
      5 App. U.S.C. 1002(g), defining "private party" to mean a party
    other than an agency, is omitted since the words "party other than
    an agency" are substituted for the words "private party" wherever
    they appear in revised 5 U.S.C. 552.
      5 App. U.S.C. 1002(h), prescribing the effective date, is omitted
    as unnecessary. That effective date is prescribed by section 4 of
    this bill.

CODIFICATION

      Section 552 of former Title 5, Executive Departments and
    Government Officers and Employees, was transferred to section 2243
    of Title 7, Agriculture.

AMENDMENTS

      2007 - Subsec. (a)(4)(A)(ii). Pub. L. 110-175, Sec. 3, inserted
    concluding provisions.
      Subsec. (a)(4)(A)(viii). Pub. L. 110-175, Sec. 6(b)(1)(A), added
    cl. (viii).
      Subsec. (a)(4)(E). Pub. L. 110-175, Sec. 4(a), designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (a)(4)(F). Pub. L. 110-175, Sec. 5, designated existing
    provisions as cl. (i) and added cls. (ii) and (iii).
      Subsec. (a)(6)(A). Pub. L. 110-175, Sec. 6(a)(1), inserted
    concluding provisions.
      Subsec. (a)(6)(B)(ii). Pub. L. 110-175, Sec. 6(b)(1)(B), inserted
    after the first sentence "To aid the requester, each agency shall
    make available its FOIA Public Liaison, who shall assist in the
    resolution of any disputes between the requester and the agency."
      Subsec. (a)(7). Pub. L. 110-175, Sec. 7(a), added par. (7).
      Subsec. (b). Pub. L. 110-175, Sec. 12, in concluding provisions,
    inserted ", and the exemption under which the deletion is made,"
    after "The amount of information deleted" in second sentence and
    after "the amount of the information deleted" in third sentence.
      Subsec. (e)(1)(B)(ii). Pub. L. 110-175, Sec. 8(a)(1), inserted
    "the number of occasions on which each statute was relied upon,"
    after "subsection (b)(3),".
      Subsec. (e)(1)(C). Pub. L. 110-175, Sec. 8(a)(2), inserted "and
    average" after "median".
      Subsec. (e)(1)(E). Pub. L. 110-175, Sec. 8(a)(3), inserted before
    semicolon ", based on the date on which the requests were received
    by the agency".
      Subsec. (e)(1)(F) to (O). Pub. L. 110-175, Sec. 8(a)(4), (5),
    added subpars. (F) to (M) and redesignated former subpars. (F) and
    (G) as (N) and (O), respectively.
      Subsec. (e)(2). Pub. L. 110-175, Sec. 8(b)(2), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (e)(3). Pub. L. 110-175, Sec. 8(b)(1), (c), redesignated
    par. (2) as (3) and inserted at end "In addition, each agency shall
    make the raw statistical data used in its reports available
    electronically to the public upon request." Former par. (3)
    redesignated (4).
      Subsec. (e)(4) to (6). Pub. L. 110-175, Sec. 8(b)(1),
    redesignated pars. (3) to (5) as (4) to (6), respectively.
      Subsec. (f)(2). Pub. L. 110-175, Sec. 9, added par. (2) and
    struck out former par. (2) which read as follows: " 'record' and
    any other term used in this section in reference to information
    includes any information that would be an agency record subject to
    the requirements of this section when maintained by an agency in
    any format, including an electronic format."
      Subsecs. (h) to (l). Pub. L. 110-175, Sec. 10(a), added subsecs.
    (h) to (l).
      2002 - Subsec. (a)(3)(A). Pub. L. 107-306, Sec. 312(1), inserted
    "and except as provided in subparagraph (E)," after "of this
    subsection,".
      Subsec. (a)(3)(E). Pub. L. 107-306, Sec. 312(2), added subpar.
    (E).
      1996 - Subsec. (a)(2). Pub. L. 104-231, Sec. 4(4), (5), in first
    sentence struck out "and" at end of subpar. (B) and inserted
    subpars. (D) and (E).
      Pub. L. 104-231, Sec. 4(7), inserted after first sentence "For
    records created on or after November 1, 1996, within one year after
    such date, each agency shall make such records available, including
    by computer telecommunications or, if computer telecommunications
    means have not been established by the agency, by other electronic
    means."
      Pub. L. 104-231, Sec. 4(1), in second sentence substituted "staff
    manual, instruction, or copies of records referred to in
    subparagraph (D)" for "or staff manual or instruction".
      Pub. L. 104-231, Sec. 4(2), inserted before period at end of
    third sentence ", and the extent of such deletion shall be
    indicated on the portion of the record which is made available or
    published, unless including that indication would harm an interest
    protected by the exemption in subsection (b) under which the
    deletion is made".
      Pub. L. 104-231, Sec. 4(3), inserted after third sentence "If
    technically feasible, the extent of the deletion shall be indicated
    at the place in the record where the deletion was made."
      Pub. L. 104-231, Sec. 4(6), which directed the insertion of the
    following new sentence after the fifth sentence "Each agency shall
    make the index referred to in subparagraph (E) available by
    computer telecommunications by December 31, 1999.", was executed by
    making the insertion after the sixth sentence, to reflect the
    probable intent of Congress and the addition of a new sentence by
    section 4(3) of Pub. L. 104-231.
      Subsec. (a)(3). Pub. L. 104-231, Sec. 5, inserted subpar. (A)
    designation after "(3)", redesignated subpars. (A) and (B) as cls.
    (i) and (ii), respectively, and added subpars. (B) to (D).
      Subsec. (a)(4)(B). Pub. L. 104-231, Sec. 6, inserted at end "In
    addition to any other matters to which a court accords substantial
    weight, a court shall accord substantial weight to an affidavit of
    an agency concerning the agency's determination as to technical
    feasibility under paragraph (2)(C) and subsection (b) and
    reproducibility under paragraph (3)(B)."
      Subsec. (a)(6)(A)(i). Pub. L. 104-231, Sec. 8(b), substituted "20
    days" for "ten days".
      Subsec. (a)(6)(B). Pub. L. 104-231, Sec. 7(b), amended subpar.
    (B) generally. Prior to amendment, subpar. (B) read as follows: "In
    unusual circumstances as specified in this subparagraph, the time
    limits prescribed in either clause (i) or clause (ii) of
    subparagraph (A) may be extended by written notice to the person
    making such request setting forth the reasons for such extension
    and the date on which a determination is expected to be dispatched.
    No such notice shall specify a date that would result in an
    extension for more than ten working days. As used in this
    subparagraph, 'unusual circumstances' means, but only to the extent
    reasonably necessary to the proper processing of the particular
    request -
        "(i) the need to search for and collect the requested records
      from field facilities or other establishments that are separate
      from the office processing the request;
        "(ii) the need to search for, collect, and appropriately
      examine a voluminous amount of separate and distinct records
      which are demanded in a single request; or
        "(iii) the need for consultation, which shall be conducted with
      all practicable speed, with another agency having a substantial
      interest in the determination of the request or among two or more
      components of the agency having substantial subject-matter
      interest therein."
      Subsec. (a)(6)(C). Pub. L. 104-231, Sec. 7(c), designated
    existing provisions as cl. (i) and added cls. (ii) and (iii).
      Subsec. (a)(6)(D). Pub. L. 104-231, Sec. 7(a), added subpar. (D).
      Subsec. (a)(6)(E), (F). Pub. L. 104-231, Sec. 8(a), (c), added
    subpars. (E) and (F).
      Subsec. (b). Pub. L. 104-231, Sec. 9, inserted at end of closing
    provisions "The amount of information deleted shall be indicated on
    the released portion of the record, unless including that
    indication would harm an interest protected by the exemption in
    this subsection under which the deletion is made. If technically
    feasible, the amount of the information deleted shall be indicated
    at the place in the record where such deletion is made."
      Subsec. (e). Pub. L. 104-231, Sec. 10, amended subsec. (e)
    generally, revising and restating provisions relating to reports to
    Congress.
      Subsec. (f). Pub. L. 104-231, Sec. 3, amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows: "For
    purposes of this section, the term 'agency' as defined in section
    551(1) of this title includes any executive department, military
    department, Government corporation, Government controlled
    corporation, or other establishment in the executive branch of the
    Government (including the Executive Office of the President), or
    any independent regulatory agency."
      Subsec. (g). Pub. L. 104-231, Sec. 11, added subsec. (g).
      1986 - Subsec. (a)(4)(A). Pub. L. 99-570, Sec. 1803, amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "In order to carry out the provisions of this section,
    each agency shall promulgate regulations, pursuant to notice and
    receipt of public comment, specifying a uniform schedule of fees
    applicable to all constituent units of such agency. Such fees shall
    be limited to reasonable standard charges for document search and
    duplication and provide for recovery of only the direct costs of
    such search and duplication. Documents shall be furnished without
    charge or at a reduced charge where the agency determines that
    waiver or reduction of the fee is in the public interest because
    furnishing the information can be considered as primarily
    benefiting the general public."
      Subsec. (b)(7). Pub. L. 99-570, Sec. 1802(a), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows:
    "investigatory records compiled for law enforcement purposes, but
    only to the extent that the production of such records would (A)
    interfere with enforcement proceedings, (B) deprive a person of a
    right to a fair trial or an impartial adjudication, (C) constitute
    an unwarranted invasion of personal privacy, (D) disclose the
    identity of a confidential source and, in the case of a record
    compiled by a criminal law enforcement authority in the course of a
    criminal investigation, or by an agency conducting a lawful
    national security intelligence investigation, confidential
    information furnished only by the confidential source, (E) disclose
    investigative techniques and procedures, or (F) endanger the life
    or physical safety of law enforcement personnel;".
      Subsecs. (c) to (f). Pub. L. 99-570, Sec. 1802(b), added subsec.
    (c) and redesignated former subsecs. (c) to (e) as (d) to (f),
    respectively.
      1984 - Subsec. (a)(4)(D). Pub. L. 98-620 repealed subpar. (D)
    which provided for precedence on the docket and expeditious
    disposition of district court proceedings authorized by subsec.
    (a).
      1978 - Subsec. (a)(4)(F). Pub. L. 95-454 substituted references
    to the Special Counsel for references to the Civil Service
    Commission wherever appearing and reference to his findings for
    reference to its findings.
      1976 - Subsec. (b)(3). Pub. L. 94-409 inserted provision
    excluding section 552b of this title from applicability of
    exemption from disclosure and provision setting forth conditions
    for statute specifically exempting disclosure.
      1974 - Subsec. (a)(2). Pub. L. 93-502, Sec. 1(a), substituted
    provisions relating to maintenance and availability of current
    indexes, for provisions relating to maintenance and availability of
    a current index, and inserted provisions relating to publication
    and distribution of copies of indexes or supplements thereto.
      Subsec. (a)(3). Pub. L. 93-502, Sec. 1(b)(1), substituted
    provisions requiring requests to reasonably describe records for
    provisions requiring requests, for identifiable records, and struck
    out provisions setting forth procedures to enjoin agencies from
    withholding the requested records and ordering their production.
      Subsec. (a)(4), (5). Pub. L. 93-502, Sec. 1(b)(2), added par. (4)
    and redesignated former par. (4) as (5).
      Subsec. (a)(6). Pub. L. 93-502, Sec. 1(c), added par. (6).
      Subsec. (b)(1). Pub. L. 93-502, Sec. 2(a), designated existing
    provisions as cl. (A), substituted "authorized under criteria
    established by an" for "required by", and added cl. (B).
      Subsec. (b)(7). Pub. L. 93-502, Sec. 2(b), substituted provisions
    relating to exemption for investigatory records compiled for law
    enforcement purposes, for provisions relating to exemption for
    investigatory files compiled for law enforcement purposes.
      Subsec. (b), foll. par. (9). Pub. L. 93-502, Sec. 2(c), inserted
    provision relating to availability of segregable portion of
    records.
      Subsecs. (d), (e). Pub. L. 93-502, Sec. 3, added subsecs. (d) and
    (e).
      1967 - Subsec. (a). Pub. L. 90-23 substituted introductory
    statement requiring every agency to make available to the public
    certain information for former introductory provision excepting
    from disclosure (1) any function of the United States requiring
    secrecy in the public interest or (2) any matter relating to
    internal management of an agency, covered in subsec. (b)(1) and (2)
    of this section.
      Subsec. (a)(1). Pub. L. 90-23 incorporated provisions of: former
    subsec. (b)(1) in (A), inserting requirement of publication of
    names of officers as sources of information and provision for
    public to obtain decisions, and striking out publication
    requirement for delegations by the agency of final authority;
    former subsec. (b)(2), introductory part, in (B); former subsec.
    (b)(2), concluding part, in (C), inserting publication requirement
    for rules of procedure and descriptions of forms available or the
    places at which forms may be obtained; former subsec. (b)(3),
    introductory part, in (D), inserting requirement of general
    applicability of substantive rules and interpretations, added
    clause (E), substituted exemption of any person from failure to
    resort to any matter or from being adversely affected by any matter
    required to be published in the Federal Register but not so
    published for former subsec. (b)(3), concluding part, excepting
    from publication rules addressed to and served upon named persons
    in accordance with laws and final sentence reading "A person may
    not be required to resort to organization or procedure not so
    published" and inserted provision deeming matter, which is
    reasonably available, as published in the Federal Register when
    such matter is incorporated by reference in the Federal Register
    with the approval of its Director.
      Subsec. (a)(2). Pub. L. 90-23 incorporated provisions of former
    subsec. (c), provided for public copying of records, struck out
    requirement of agency publication of final opinions or orders and
    authority for secrecy and withholding of opinions and orders
    required for good cause to be held confidential and not cited as
    precedents, latter provision now superseded by subsec. (b) of this
    section, designated existing subsec. (c) as clause (A), including
    provision for availability of concurring and dissenting opinions,
    inserted provisions for availability of policy statements and
    interpretations in clause (B) and staff manuals and instructions in
    clause (C), deletion of personal identifications from records to
    protect personal privacy with written justification therefor, and
    provision for indexing and prohibition of use of records not
    indexed against any private party without actual and timely notice
    of the terms thereof.
      Subsec. (a)(3). Pub. L. 90-23 incorporated provisions of former
    subsec. (d) and substituted provisions requiring identifiable
    agency records to be made available to any person upon request and
    compliance with rules as to time, place, and procedure for
    inspection, and payment of fees and provisions for Federal district
    court proceedings de novo for enforcement by contempt of
    noncompliance with court's orders with the burden on the agency and
    docket precedence for such proceedings for former provisions
    requiring matters of official record to be made available to
    persons properly and directly concerned except information held
    confidential for good cause shown, the latter provision superseded
    by subsec. (b) of this section.
      Subsec. (a)(4). Pub. L. 90-23 added par. (4).
      Subsec. (b). Pub. L. 90-23 added subsec. (b) which superseded
    provisions excepting from disclosure any function of the United
    States requiring secrecy in the public interest or any matter
    relating to internal management of an agency, formerly contained in
    former subsec. (a), final opinions or orders required for good
    cause to be held confidential and not cited as precedents, formerly
    contained in subsec. (c), and information held confidential for
    good cause found, contained in former subsec. (d) of this section.
      Subsec. (c). Pub. L. 90-23 added subsec. (c).

CHANGE OF NAME

      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999. Committee on Government Reform of House of
    Representatives changed to Committee on Oversight and Government
    Reform of House of Representatives by House Resolution No. 6, One
    Hundred Tenth Congress, Jan. 5, 2007.

MISCELLANEOUS

                     EFFECTIVE DATE OF 2007 AMENDMENT
      Pub. L. 110-175, Sec. 6(a)(2), Dec. 31, 2007, 121 Stat. 2526,
    provided that: "The amendment made by this subsection [amending
    this section] shall take effect 1 year after the date of enactment
    of this Act [Dec. 31, 2007]."
      Pub. L. 110-175, Sec. 6(b)(2), Dec. 31, 2007, 121 Stat. 2526,
    provided that: "The amendment made by this subsection [amending
    this section] shall take effect 1 year after the date of enactment
    of this Act [Dec. 31, 2007] and apply to requests for information
    under section 552 of title 5, United States Code, filed on or after
    that effective date."
      Pub. L. 110-175, Sec. 7(b), Dec. 31, 2007, 121 Stat. 2527,
    provided that: "The amendment made by this section [amending this
    section] shall take effect 1 year after the date of enactment of
    this Act [Dec. 31, 2007] and apply to requests for information
    under section 552 of title 5, United States Code, filed on or after
    that effective date."
      Pub. L. 110-175, Sec. 10(b), Dec. 31, 2007, 121 Stat. 2530,
    provided that: "The amendments made by this section [amending this
    section] shall take effect on the date of enactment of this Act
    [Dec. 31, 2007]."
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 12 of Pub. L. 104-231 provided that:
      "(a) In General. - Except as provided in subsection (b), this Act
    [amending this section and enacting provisions set out as notes
    below] shall take effect 180 days after the date of the enactment
    of this Act [Oct. 2, 1996].
      "(b) Provisions Effective on Enactment [sic]. - Sections 7 and 8
    [amending this section] shall take effect one year after the date
    of the enactment of this Act [Oct. 2, 1996]."
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Section 1804 of Pub. L. 99-570 provided that:
      "(a) The amendments made by section 1802 [amending this section]
    shall be effective on the date of enactment of this Act [Oct. 27,
    1986], and shall apply with respect to any requests for records,
    whether or not the request was made prior to such date, and shall
    apply to any civil action pending on such date.
      "(b)(1) The amendments made by section 1803 [amending this
    section] shall be effective 180 days after the date of enactment of
    this Act [Oct. 27, 1986], except that regulations to implement such
    amendments shall be promulgated by such 180th day.
      "(2) The amendments made by section 1803 [amending this section]
    shall apply with respect to any requests for records, whether or
    not the request was made prior to such date, and shall apply to any
    civil action pending on such date, except that review charges
    applicable to records requested for commercial use shall not be
    applied by an agency to requests made before the effective date
    specified in paragraph (1) of this subsection or before the agency
    has finally issued its regulations."
                     EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of Title 28, Judiciary and
    Judicial Procedure.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
    1978, see section 907 of Pub. L. 95-454, set out as a note under
    section 1101 of this title.
                     EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,
    1976, see section 6 of Pub. L. 94-409, set out as an Effective Date
    note under section 552b of this title.
                     EFFECTIVE DATE OF 1974 AMENDMENT
      Section 4 of Pub. L. 93-502 provided that: "The amendments made
    by this Act [amending this section] shall take effect on the
    ninetieth day beginning after the date of enactment of this Act
    [Nov. 21, 1974]."
                     EFFECTIVE DATE OF 1967 AMENDMENT
      Section 4 of Pub. L. 90-23 provided that: "This Act [amending
    this section] shall be effective July 4, 1967, or on the date of
    enactment [June 5, 1967], whichever is later."
                       SHORT TITLE OF 1996 AMENDMENT
      Section 1 of Pub. L. 104-231 provided that: "This Act [amending
    this section and enacting provisions set out as notes under this
    section] may be cited as the 'Electronic Freedom of Information Act
    Amendments of 1996'."
                       SHORT TITLE OF 1986 AMENDMENT
      Section 1801 of Pub. L. 99-570 provided that: "This subtitle
    [subtitle N (Secs. 1801-1804) of title I of Pub. L. 99-570,
    amending this section and enacting provisions set out as a note
    under this section] may be cited as the 'Freedom of Information
    Reform Act of 1986'."
                                SHORT TITLE
      This section is popularly known as the "Freedom of Information
    Act".
                                 FINDINGS
      Pub. L. 110-175, Sec. 2, Dec. 31, 2007, 121 Stat. 2524, provided
    that: "Congress finds that -
        "(1) the Freedom of Information Act [probably means Pub. L. 89-
      487 which amended section 1002 of former Title 5, Executive
      Departments and Government Officers and Employees, see Historical
      and Revision notes above] was signed into law on July 4, 1966,
      because the American people believe that -
          "(A) our constitutional democracy, our system of self-
        government, and our commitment to popular sovereignty depends
        upon the consent of the governed;
          "(B) such consent is not meaningful unless it is informed
        consent; and
          "(C) as Justice Black noted in his concurring opinion in Barr
        v. Matteo (360 U.S. 564 (1959)), 'The effective functioning of
        a free government like ours depends largely on the force of an
        informed public opinion. This calls for the widest possible
        understanding of the quality of government service rendered by
        all elective or appointed public officials or employees.';
        "(2) the American people firmly believe that our system of
      government must itself be governed by a presumption of openness;
        "(3) the Freedom of Information Act establishes a 'strong
      presumption in favor of disclosure' as noted by the United States
      Supreme Court in United States Department of State v. Ray (502
      U.S. 164 (1991)), a presumption that applies to all agencies
      governed by that Act;
        "(4) 'disclosure, not secrecy, is the dominant objective of the
      Act,' as noted by the United States Supreme Court in Department
      of Air Force v. Rose (425 U.S. 352 (1976));
        "(5) in practice, the Freedom of Information Act has not always
      lived up to the ideals of that Act; and
        "(6) Congress should regularly review section 552 of title 5,
      United States Code (commonly referred to as the Freedom of
      Information Act), in order to determine whether further changes
      and improvements are necessary to ensure that the Government
      remains open and accessible to the American people and is always
      based not upon the 'need to know' but upon the fundamental 'right
      to know'."
        LIMITATION ON AMOUNTS OBLIGATED OR EXPENDED FROM CLAIMS AND
                               JUDGMENT FUND
      Pub. L. 110-175, Sec. 4(b), Dec. 31, 2007, 121 Stat. 2525,
    provided that: "Notwithstanding section 1304 of title 31, United
    States Code, no amounts may be obligated or expended from the
    Claims and Judgment Fund of the United States Treasury to pay the
    costs resulting from fees assessed under section 552(a)(4)(E) of
    title 5, United States Code. Any such amounts shall be paid only
    from funds annually appropriated for any authorized purpose for the
    Federal agency against which a claim or judgment has been
    rendered."
         NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
                                OPERATIONS
      Pub. L. 108-375, div. A, title IX, Sec. 914, Oct. 28, 2004, 118
    Stat. 2029, provided that:
      "(a) Mandatory Disclosure Requirements Inapplicable. - The
    requirements to make information available under section 552 of
    title 5, United States Code, shall not apply to land remote sensing
    information.
      "(b) Land Remote Sensing Information Defined. - In this section,
    the term 'land remote sensing information' -
        "(1) means any data that -
          "(A) are collected by land remote sensing; and
          "(B) are prohibited from sale to customers other than the
        United States Government and United States Government-approved
        customers for reasons of national security pursuant to the
        terms of an operating license issued pursuant to the Land
        Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.); and
        "(2) includes any imagery and other product that is derived
      from such data and which is prohibited from sale to customers
      other than the United States Government and United States
      Government-approved customers for reasons of national security
      pursuant to the terms of an operating license described in
      paragraph (1)(B).
      "(c) State or Local Government Disclosures. - Land remote sensing
    information provided by the head of a department or agency of the
    United States to a State, local, or tribal government may not be
    made available to the general public under any State, local, or
    tribal law relating to the disclosure of information or records.
      "(d) Safeguarding Information. - The head of each department or
    agency of the United States having land remote sensing information
    within that department or agency or providing such information to a
    State, local, or tribal government shall take such actions,
    commensurate with the sensitivity of that information, as are
    necessary to protect that information from disclosure other than in
    accordance with this section and other applicable law.
      "(e) Additional Definition. - In this section, the term 'land
    remote sensing' has the meaning given such term in section 3 of the
    Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
      "(f) Disclosure to Congress. - Nothing in this section shall be
    construed to authorize the withholding of information from the
    appropriate committees of Congress."
            DISCLOSURE OF ARSON, EXPLOSIVE, OR FIREARM RECORDS
      Pub. L. 108-7, div. J, title VI, Sec. 644, Feb. 20, 2003, 117
    Stat. 473, provided that: "No funds appropriated under this Act or
    any other Act with respect to any fiscal year shall be available to
    take any action based upon any provision of 5 U.S.C. 552 with
    respect to records collected or maintained pursuant to 18 U.S.C.
    846(b), 923(g)(3) or 923(g)(7), or provided by Federal, State,
    local, or foreign law enforcement agencies in connection with arson
    or explosives incidents or the tracing of a firearm, except that
    such records may continue to be disclosed to the extent and in the
    manner that records so collected, maintained, or obtained have been
    disclosed under 5 U.S.C. 552 prior to the date of the enactment of
    this Act [Feb. 20, 2003]."
         DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT
      Pub. L. 106-567, title VIII, Dec. 27, 2000, 114 Stat. 2864, as
    amended by Pub. L. 108-199, div. H, Sec. 163, Jan. 23, 2004, 118
    Stat. 452; Pub. L. 109-5, Sec. 1, Mar. 25, 2005, 119 Stat. 19,
    provided that:
      "SEC. 801. SHORT TITLE.
      "This title may be cited as the 'Japanese Imperial Government
    Disclosure Act of 2000'.
      "SEC. 802. DESIGNATION.
      "(a) Definitions. - In this section:
        "(1) Agency. - The term 'agency' has the meaning given such
      term under section 551 of title 5, United States Code.
        "(2) Interagency group. - The term 'Interagency Group' means
      the Nazi War Crimes and Japanese Imperial Government Records
      Interagency Working Group established under subsection (b).
        "(3) Japanese imperial government records. - The term 'Japanese
      Imperial Government records' means classified records or portions
      of records that pertain to any person with respect to whom the
      United States Government, in its sole discretion, has grounds to
      believe ordered, incited, assisted, or otherwise participated in
      the experimentation on, and persecution of, any person because of
      race, religion, national origin, or political opinion, during the
      period beginning September 18, 1931, and ending on December 31,
      1948, under the direction of, or in association with -
          "(A) the Japanese Imperial Government;
          "(B) any government in any area occupied by the military
        forces of the Japanese Imperial Government;
          "(C) any government established with the assistance or
        cooperation of the Japanese Imperial Government; or
          "(D) any government which was an ally of the Japanese
        Imperial Government.
        "(4) Record. - The term 'record' means a Japanese Imperial
      Government record.
      "(b) Establishment of Interagency Group. -
        "(1) In general. - Not later than 60 days after the date of the
      enactment of this Act [Dec. 27, 2000], the President shall
      designate the Working Group established under the Nazi War Crimes
      Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) to also
      carry out the purposes of this title with respect to Japanese
      Imperial Government records, and that Working Group shall remain
      in existence for 6 years after the date on which this title takes
      effect. Such Working Group is redesignated as the 'Nazi War
      Crimes and Japanese Imperial Government Records Interagency
      Working Group'.
        "(2) Membership. - [Amended Pub. L. 105-246, set out as a note
      below.]
      "(c) Functions. - Not later than 1 year after the date of the
    enactment of this Act [Dec. 27, 2000], the Interagency Group shall,
    to the greatest extent possible consistent with section 803 -
        "(1) locate, identify, inventory, recommend for
      declassification, and make available to the public at the
      National Archives and Records Administration, all classified
      Japanese Imperial Government records of the United States;
        "(2) coordinate with agencies and take such actions as
      necessary to expedite the release of such records to the public;
      and
        "(3) submit a report to Congress, including the Committee on
      Government Reform [now Committee on Oversight and Government
      Reform] and the Permanent Select Committee on Intelligence of the
      House of Representatives, and the Committee on the Judiciary and
      the Select Committee on Intelligence of the Senate, describing
      all such records, the disposition of such records, and the
      activities of the Interagency Group and agencies under this
      section.
      "(d) Funding. - There is authorized to be appropriated such sums
    as may be necessary to carry out the provisions of this title.
      "SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.
      "(a) Release of Records. - Subject to subsections (b), (c), and
    (d), the Japanese Imperial Government Records Interagency Working
    Group shall release in their entirety Japanese Imperial Government
    records.
      "(b) Exemptions. - An agency head may exempt from release under
    subsection (a) specific information, that would -
        "(1) constitute an unwarranted invasion of personal privacy;
        "(2) reveal the identity of a confidential human source, or
      reveal information about an intelligence source or method when
      the unauthorized disclosure of that source or method would damage
      the national security interests of the United States;
        "(3) reveal information that would assist in the development or
      use of weapons of mass destruction;
        "(4) reveal information that would impair United States
      cryptologic systems or activities;
        "(5) reveal information that would impair the application of
      state-of-the-art technology within a United States weapon system;
        "(6) reveal United States military war plans that remain in
      effect;
        "(7) reveal information that would impair relations between the
      United States and a foreign government, or undermine ongoing
      diplomatic activities of the United States;
        "(8) reveal information that would impair the current ability
      of United States Government officials to protect the President,
      Vice President, and other officials for whom protection services
      are authorized in the interest of national security;
        "(9) reveal information that would impair current national
      security emergency preparedness plans; or
        "(10) violate a treaty or other international agreement.
      "(c) Applications of Exemptions. -
        "(1) In general. - In applying the exemptions provided in
      paragraphs (2) through (10) of subsection (b), there shall be a
      presumption that the public interest will be served by disclosure
      and release of the records of the Japanese Imperial Government.
      The exemption may be asserted only when the head of the agency
      that maintains the records determines that disclosure and release
      would be harmful to a specific interest identified in the
      exemption. An agency head who makes such a determination shall
      promptly report it to the committees of Congress with appropriate
      jurisdiction, including the Committee on the Judiciary and the
      Select Committee on Intelligence of the Senate and the Committee
      on Government Reform [now Committee on Oversight and Government
      Reform] and the Permanent Select Committee on Intelligence of the
      House of Representatives.
        "(2) Application of title 5. - A determination by an agency
      head to apply an exemption provided in paragraphs (2) through (9)
      of subsection (b) shall be subject to the same standard of review
      that applies in the case of records withheld under section
      552(b)(1) of title 5, United States Code.
      "(d) Records Related to Investigations or Prosecutions. - This
    section shall not apply to records -
        "(1) related to or supporting any active or inactive
      investigation, inquiry, or prosecution by the Office of Special
      Investigations of the Department of Justice; or
        "(2) solely in the possession, custody, or control of the
      Office of Special Investigations.
      "SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL
        GOVERNMENT RECORDS.
      "For purposes of expedited processing under section 552(a)(6)(E)
    of title 5, United States Code, any person who was persecuted in
    the manner described in section 802(a)(3) and who requests a
    Japanese Imperial Government record shall be deemed to have a
    compelling need for such record.
      "SEC. 805. EFFECTIVE DATE.
      "The provisions of this title shall take effect on the date that
    is 90 days after the date of the enactment of this Act [Dec. 27,
    2000]."
                        NAZI WAR CRIMES DISCLOSURE
      Pub. L. 105-246, Oct. 8, 1998, 112 Stat. 1859, as amended by Pub.
    L. 106-567, Sec. 802(b)(2), Dec. 27, 2000, 114 Stat. 2865, provided
    that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Nazi War Crimes Disclosure Act'.
      "SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY
        WORKING GROUP.
      "(a) Definitions. - In this section the term -
        "(1) 'agency' has the meaning given such term under section 551
      of title 5, United States Code;
        "(2) 'Interagency Group' means the Nazi War Criminal Records
      Interagency Working Group [redesignated Nazi War Crimes and
      Japanese Imperial Government Records Interagency Working Group,
      see section 802(b)(1) of Pub. L. 106-567, set out above]
      established under subsection (b);
        "(3) 'Nazi war criminal records' has the meaning given such
      term under section 3 of this Act; and
        "(4) 'record' means a Nazi war criminal record.
      "(b) Establishment of Interagency Group. -
        "(1) In general. - Not later than 60 days after the date of
      enactment of this Act [Oct. 8, 1998], the President shall
      establish the Nazi War Criminal Records Interagency Working
      Group, which shall remain in existence for 3 years after the date
      the Interagency Group is established.
        "(2) Membership. - The President shall appoint to the
      Interagency Group individuals whom the President determines will
      most completely and effectively carry out the functions of the
      Interagency Group within the time limitations provided in this
      section, including the Director of the Holocaust Museum, the
      Historian of the Department of State, the Archivist of the United
      States, the head of any other agency the President considers
      appropriate, and no more than 4 other persons who shall be
      members of the public, of whom 3 shall be persons appointed under
      the provisions of this Act in effect on October 8, 1998..[sic]
      The head of an agency appointed by the President may designate an
      appropriate officer to serve on the Interagency Group in lieu of
      the head of such agency.
        "(3) Initial meeting. - Not later than 90 days after the date
      of enactment of this Act, the Interagency Group shall hold an
      initial meeting and begin the functions required under this
      section.
      "(c) Functions. - Not later than 1 year after the date of
    enactment of this Act [Oct. 8, 1998], the Interagency Group shall,
    to the greatest extent possible consistent with section 3 of this
    Act -
        "(1) locate, identify, inventory, recommend for
      declassification, and make available to the public at the
      National Archives and Records Administration, all classified Nazi
      war criminal records of the United States;
        "(2) coordinate with agencies and take such actions as
      necessary to expedite the release of such records to the public;
      and
        "(3) submit a report to Congress, including the Committee on
      the Judiciary of the Senate and the Committee on Government
      Reform and Oversight [now Committee on Oversight and Government
      Reform] of the House of Representatives, describing all such
      records, the disposition of such records, and the activities of
      the Interagency Group and agencies under this section.
      "(d) Funding. - There are authorized to be appropriated such sums
    as may be necessary to carry out the provisions of this Act.
      "SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS
        WHO COMMITTED NAZI WAR CRIMES.
      "(a) Nazi War Criminal Records. - For purposes of this Act, the
    term 'Nazi war criminal records' means classified records or
    portions of records that -
        "(1) pertain to any person with respect to whom the United
      States Government, in its sole discretion, has grounds to believe
      ordered, incited, assisted, or otherwise participated in the
      persecution of any person because of race, religion, national
      origin, or political opinion, during the period beginning on
      March 23, 1933, and ending on May 8, 1945, under the direction
      of, or in association with -
          "(A) the Nazi government of Germany;
          "(B) any government in any area occupied by the military
        forces of the Nazi government of Germany;
          "(C) any government established with the assistance or
        cooperation of the Nazi government of Germany; or
          "(D) any government which was an ally of the Nazi government
        of Germany; or
        "(2) pertain to any transaction as to which the United States
      Government, in its sole discretion, has grounds to believe -
          "(A) involved assets taken from persecuted persons during the
        period beginning on March 23, 1933, and ending on May 8, 1945,
        by, under the direction of, on behalf of, or under authority
        granted by the Nazi government of Germany or any nation then
        allied with that government; and
          "(B) such transaction was completed without the assent of the
        owners of those assets or their heirs or assigns or other
        legitimate representatives.
      "(b) Release of Records. -
        "(1) In general. - Subject to paragraphs (2), (3), and (4), the
      Nazi War Criminal Records Interagency Working Group shall release
      in their entirety Nazi war criminal records that are described in
      subsection (a).
        "(2) Exception for privacy, etc. - An agency head may exempt
      from release under paragraph (1) specific information, that would
      -
          "(A) constitute a clearly unwarranted invasion of personal
        privacy;
          "(B) reveal the identity of a confidential human source, or
        reveal information about the application of an intelligence
        source or method, or reveal the identity of a human
        intelligence source when the unauthorized disclosure of that
        source would clearly and demonstrably damage the national
        security interests of the United States;
          "(C) reveal information that would assist in the development
        or use of weapons of mass destruction;
          "(D) reveal information that would impair United States
        cryptologic systems or activities;
          "(E) reveal information that would impair the application of
        state-of-the-art technology within a United States weapon
        system;
          "(F) reveal actual United States military war plans that
        remain in effect;
          "(G) reveal information that would seriously and demonstrably
        impair relations between the United States and a foreign
        government, or seriously and demonstrably undermine ongoing
        diplomatic activities of the United States;
          "(H) reveal information that would clearly and demonstrably
        impair the current ability of United States Government
        officials to protect the President, Vice President, and other
        officials for whom protection services, in the interest of
        national security, are authorized;
          "(I) reveal information that would seriously and demonstrably
        impair current national security emergency preparedness plans;
        or
          "(J) violate a treaty or international agreement.
        "(3) Application of exemptions. -
          "(A) In general. - In applying the exemptions listed in
        subparagraphs (B) through (J) of paragraph (2), there shall be
        a presumption that the public interest in the release of Nazi
        war criminal records will be served by disclosure and release
        of the records. Assertion of such exemption may only be made
        when the agency head determines that disclosure and release
        would be harmful to a specific interest identified in the
        exemption. An agency head who makes such a determination shall
        promptly report it to the committees of Congress with
        appropriate jurisdiction, including the Committee on the
        Judiciary of the Senate and the Committee on Government Reform
        and Oversight [now Committee on Oversight and Government
        Reform] of the House of Representatives. The exemptions set
        forth in paragraph (2) shall constitute the only authority
        pursuant to which an agency head may exempt records otherwise
        subject to release under paragraph (1).
          "(B) Application of title 5. - A determination by an agency
        head to apply an exemption listed in subparagraphs (B) through
        (I) of paragraph (2) shall be subject to the same standard of
        review that applies in the case of records withheld under
        section 552(b)(1) of title 5, United States Code.
        "(4) Limitation on application. - This subsection shall not
      apply to records -
          "(A) related to or supporting any active or inactive
        investigation, inquiry, or prosecution by the Office of Special
        Investigations of the Department of Justice; or
          "(B) solely in the possession, custody, or control of that
        office.
      "(c) Inapplicability of National Security Act of 1947 Exemption. -
     Section 701(a) of the National Security Act of 1947 (50 U.S.C.
    431[(a)]) shall not apply to any operational file, or any portion
    of any operational file, that constitutes a Nazi war criminal
    record under section 3 of this Act.
      "SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR
        CRIMINAL RECORDS.
      "(a) Expedited Processing. - For purposes of expedited processing
    under section 552(a)(6)(E) of title 5, United States Code, any
    requester of a Nazi war criminal record shall be deemed to have a
    compelling need for such record.
      "(b) Requester. - For purposes of this section, the term
    'requester' means any person who was persecuted in the manner
    described under section 3(a)(1) of this Act who requests a Nazi war
    criminal record.
      "SEC. 5. EFFECTIVE DATE.
      "This Act and the amendments made by this Act shall take effect
    on the date that is 90 days after the date of enactment of this Act
    [Oct. 8, 1998]."
     CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE; PUBLIC ACCESS TO
                     INFORMATION IN ELECTRONIC FORMAT
      Section 2 of Pub. L. 104-231 provided that:
      "(a) Findings. - The Congress finds that -
        "(1) the purpose of section 552 of title 5, United States Code,
      popularly known as the Freedom of Information Act, is to require
      agencies of the Federal Government to make certain agency
      information available for public inspection and copying and to
      establish and enable enforcement of the right of any person to
      obtain access to the records of such agencies, subject to
      statutory exemptions, for any public or private purpose;
        "(2) since the enactment of the Freedom of Information Act in
      1966, and the amendments enacted in 1974 and 1986, the Freedom of
      Information Act has been a valuable means through which any
      person can learn how the Federal Government operates;
        "(3) the Freedom of Information Act has led to the disclosure
      of waste, fraud, abuse, and wrongdoing in the Federal Government;
        "(4) the Freedom of Information Act has led to the
      identification of unsafe consumer products, harmful drugs, and
      serious health hazards;
        "(5) Government agencies increasingly use computers to conduct
      agency business and to store publicly valuable agency records and
      information; and
        "(6) Government agencies should use new technology to enhance
      public access to agency records and information.
      "(b) Purposes. - The purposes of this Act [see Short Title of
    1996 Amendment note above] are to -
        "(1) foster democracy by ensuring public access to agency
      records and information;
        "(2) improve public access to agency records and information;
        "(3) ensure agency compliance with statutory time limits; and
        "(4) maximize the usefulness of agency records and information
      collected, maintained, used, retained, and disseminated by the
      Federal Government."
    FREEDOM OF INFORMATION ACT EXEMPTION FOR CERTAIN OPEN SKIES TREATY
                                   DATA
      Pub. L. 103-236, title V, Sec. 533, Apr. 30, 1994, 108 Stat. 480,
    provided that:
      "(a) In General. - Data with respect to a foreign country
    collected by sensors during observation flights conducted in
    connection with the Treaty on Open Skies, including flights
    conducted prior to entry into force of the treaty, shall be exempt
    from disclosure under the Freedom of Information Act -
        "(1) if the country has not disclosed the data to the public;
      and
        "(2) if the country has not, acting through the Open Skies
      Consultative Commission or any other diplomatic channel,
      authorized the United States to disclose the data to the public.
      "(b) Statutory Construction. - This section constitutes a
    specific exemption within the meaning of section 552(b)(3) of title
    5, United States Code.
      "(c) Definitions. - For the purposes of this section -
        "(1) the term 'Freedom of Information Act' means the provisions
      of section 552 of title 5, United States Code;
        "(2) the term 'Open Skies Consultative Commission' means the
      commission established pursuant to Article X of the Treaty on
      Open Skies; and
        "(3) the term 'Treaty on Open Skies' means the Treaty on Open
      Skies, signed at Helsinki on March 24, 1992."

CLASSIFIED NATIONAL SECURITY INFORMATION

      For provisions relating to a response to a request for
    information under this section when the fact of its existence or
    nonexistence is itself classified or when it was originally
    classified by another agency, see Ex. Ord. No. 12958, Sec. 3.7,
    Apr. 17, 1995, 60 F.R. 19835, set out as a note under section 435
    of Title 50, War and National Defense.
                         EXECUTIVE ORDER NO. 12174
      Ex. Ord. No. 12174, Nov. 30, 1979, 44 F.R. 69609, which related
    to minimizing Federal paperwork, was revoked by Ex. Ord. No. 12291,
    Feb. 17, 1981, 46 F.R. 13193, formerly set out as a note under
    section 601 of this title.
       EX. ORD. NO. 12600. PREDISCLOSURE NOTIFICATION PROCEDURES FOR
                    CONFIDENTIAL COMMERCIAL INFORMATION
      Ex. Ord. No. 12600, June 23, 1987, 52 F.R. 23781, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, and in order to
    provide predisclosure notification procedures under the Freedom of
    Information Act [5 U.S.C. 552] concerning confidential commercial
    information, and to make existing agency notification provisions
    more uniform, it is hereby ordered as follows:
      Section 1. The head of each Executive department and agency
    subject to the Freedom of Information Act [5 U.S.C. 552] shall, to
    the extent permitted by law, establish procedures to notify
    submitters of records containing confidential commercial
    information as described in section 3 of this Order, when those
    records are requested under the Freedom of Information Act [FOIA],
    5 U.S.C. 552, as amended, if after reviewing the request, the
    responsive records, and any appeal by the requester, the department
    or agency determines that it may be required to disclose the
    records. Such notice requires that an agency use good-faith efforts
    to advise submitters of confidential commercial information of the
    procedures established under this Order. Further, where
    notification of a voluminous number of submitters is required, such
    notification may be accomplished by posting or publishing the
    notice in a place reasonably calculated to accomplish notification.
      Sec. 2. For purposes of this Order, the following definitions
    apply:
      (a) "Confidential commercial information" means records provided
    to the government by a submitter that arguably contain material
    exempt from release under Exemption 4 of the Freedom of Information
    Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be
    expected to cause substantial competitive harm.
      (b) "Submitter" means any person or entity who provides
    confidential commercial information to the government. The term
    "submitter" includes, but is not limited to, corporations, state
    governments, and foreign governments.
      Sec. 3. (a) For confidential commercial information submitted
    prior to January 1, 1988, the head of each Executive department or
    agency shall, to the extent permitted by law, provide a submitter
    with notice pursuant to section 1 whenever:
      (i) the records are less than 10 years old and the information
    has been designated by the submitter as confidential commercial
    information; or
      (ii) the department or agency has reason to believe that
    disclosure of the information could reasonably be expected to cause
    substantial competitive harm.
      (b) For confidential commercial information submitted on or after
    January 1, 1988, the head of each Executive department or agency
    shall, to the extent permitted by law, establish procedures to
    permit submitters of confidential commercial information to
    designate, at the time the information is submitted to the Federal
    government or a reasonable time thereafter, any information the
    disclosure of which the submitter claims could reasonably be
    expected to cause substantial competitive harm. Such agency
    procedures may provide for the expiration, after a specified period
    of time or changes in circumstances, of designations of competitive
    harm made by submitters. Additionally, such procedures may permit
    the agency to designate specific classes of information that will
    be treated by the agency as if the information had been so
    designated by the submitter. The head of each Executive department
    or agency shall, to the extent permitted by law, provide the
    submitter notice in accordance with section 1 of this Order
    whenever the department or agency determines that it may be
    required to disclose records:
      (i) designated pursuant to this subsection; or
      (ii) the disclosure of which the department or agency has reason
    to believe could reasonably be expected to cause substantial
    competitive harm.
      Sec. 4. When notification is made pursuant to section 1, each
    agency's procedures shall, to the extent permitted by law, afford
    the submitter a reasonable period of time in which the submitter or
    its designee may object to the disclosure of any specified portion
    of the information and to state all grounds upon which disclosure
    is opposed.
      Sec. 5. Each agency shall give careful consideration to all such
    specified grounds for nondisclosure prior to making an
    administrative determination of the issue. In all instances when
    the agency determines to disclose the requested records, its
    procedures shall provide that the agency give the submitter a
    written statement briefly explaining why the submitter's objections
    are not sustained. Such statement shall, to the extent permitted by
    law, be provided a reasonable number of days prior to a specified
    disclosure date.
      Sec. 6. Whenever a FOIA requester brings suit seeking to compel
    disclosure of confidential commercial information, each agency's
    procedures shall require that the submitter be promptly notified.
      Sec. 7. The designation and notification procedures required by
    this Order shall be established by regulations, after notice and
    public comment. If similar procedures or regulations already exist,
    they should be reviewed for conformity and revised where necessary.
    Existing procedures or regulations need not be modified if they are
    in compliance with this Order.
      Sec. 8. The notice requirements of this Order need not be
    followed if:
      (a) The agency determines that the information should not be
    disclosed;
      (b) The information has been published or has been officially
    made available to the public;
      (c) Disclosure of the information is required by law (other than
    5 U.S.C. 552);
      (d) The disclosure is required by an agency rule that (1) was
    adopted pursuant to notice and public comment, (2) specifies narrow
    classes of records submitted to the agency that are to be released
    under the Freedom of Information Act [5 U.S.C. 552], and (3)
    provides in exceptional circumstances for notice when the submitter
    provides written justification, at the time the information is
    submitted or a reasonable time thereafter, that disclosure of the
    information could reasonably be expected to cause substantial
    competitive harm;
      (e) The information requested is not designated by the submitter
    as exempt from disclosure in accordance with agency regulations
    promulgated pursuant to section 7, when the submitter had an
    opportunity to do so at the time of submission of the information
    or a reasonable time thereafter, unless the agency has substantial
    reason to believe that disclosure of the information would result
    in competitive harm; or
      (f) The designation made by the submitter in accordance with
    agency regulations promulgated pursuant to section 7 appears
    obviously frivolous; except that, in such case, the agency must
    provide the submitter with written notice of any final
    administrative disclosure determination within a reasonable number
    of days prior to the specified disclosure date.
      Sec. 9. Whenever an agency notifies a submitter that it may be
    required to disclose information pursuant to section 1 of this
    Order, the agency shall also notify the requester that notice and
    an opportunity to comment are being provided the submitter.
    Whenever an agency notifies a submitter of a final decision
    pursuant to section 5 of this Order, the agency shall also notify
    the requester.
      Sec. 10. This Order is intended only to improve the internal
    management of the Federal government, and is not intended to create
    any right or benefit, substantive or procedural, enforceable at law
    by a party against the United States, its agencies, its officers,
    or any person.
                                                          Ronald Reagan.
         EX. ORD. NO. 13110. NAZI WAR CRIMES AND JAPANESE IMPERIAL
               GOVERNMENT RECORDS INTERAGENCY WORKING GROUP
      Ex. Ord. No. 13110, Jan. 11, 1999, 64 F.R. 2419, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Nazi
    War Crimes Disclosure Act (Public Law 105-246) (the "Act") [5
    U.S.C. 552 note], it is hereby ordered as follows:
      Section 1. Establishment of Working Group. There is hereby
    established the Nazi War Criminal Records Interagency Working Group
    [now Nazi War Crimes and Japanese Imperial Government Records
    Interagency Working Group] (Working Group). The function of the
    Group shall be to locate, inventory, recommend for
    declassification, and make available to the public at the National
    Archives and Records Administration all classified Nazi war
    criminal records of the United States, subject to certain
    designated exceptions as provided in the Act. The Working Group
    shall coordinate with agencies and take such actions as necessary
    to expedite the release of such records to the public.
      Sec. 2. Schedule. The Working Group should complete its work to
    the greatest extent possible and report to the Congress within 1
    year.
      Sec. 3. Membership. (a) The Working Group shall be composed of
    the following members:
      (1) Archivist of the United States (who shall serve as Chair of
    the Working Group);
      (2) Secretary of Defense;
      (3) Attorney General;
      (4) Director of Central Intelligence;
      (5) Director of the Federal Bureau of Investigation;
      (6) Director of the United States Holocaust Memorial Museum;
      (7) Historian of the Department of State; and
      (8) Three other persons appointed by the President.
      (b) The Senior Director for Records and Access Management of the
    National Security Council will serve as the liaison to and attend
    the meetings of the Working Group. Members of the Working Group who
    are full-time Federal officials may serve on the Working Group
    through designees.
      Sec. 4. Administration. (a) To the extent permitted by law and
    subject to the availability of appropriations, the National
    Archives and Records Administration shall provide the Working Group
    with funding, administrative services, facilities, staff, and other
    support services necessary for the performance of the functions of
    the Working Group.
      (b) The Working Group shall terminate 3 years from the date of
    this Executive order.
                                                     William J. Clinton.
      EX. ORD. NO. 13392. IMPROVING AGENCY DISCLOSURE OF INFORMATION
      Ex. Ord. No. 13392, Dec. 14, 2005, 70 F.R. 75373, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and to ensure
    appropriate agency disclosure of information, and consistent with
    the goals of section 552 of title 5, United States Code, it is
    hereby ordered as follows:
      Section 1. Policy.
      (a) The effective functioning of our constitutional democracy
    depends upon the participation in public life of a citizenry that
    is well informed. For nearly four decades, the Freedom of
    Information Act (FOIA) [5 U.S.C. 552] has provided an important
    means through which the public can obtain information regarding the
    activities of Federal agencies. Under the FOIA, the public can
    obtain records from any Federal agency, subject to the exemptions
    enacted by the Congress to protect information that must be held in
    confidence for the Government to function effectively or for other
    purposes.
      (b) FOIA requesters are seeking a service from the Federal
    Government and should be treated as such. Accordingly, in
    responding to a FOIA request, agencies shall respond courteously
    and appropriately. Moreover, agencies shall provide FOIA
    requesters, and the public in general, with citizen-centered ways
    to learn about the FOIA process, about agency records that are
    publicly available (e.g., on the agency's website), and about the
    status of a person's FOIA request and appropriate information about
    the agency's response.
      (c) Agency FOIA operations shall be both results-oriented and
    produce results. Accordingly, agencies shall process requests under
    the FOIA in an efficient and appropriate manner and achieve
    tangible, measurable improvements in FOIA processing. When an
    agency's FOIA program does not produce such results, it should be
    reformed, consistent with available resources appropriated by the
    Congress and applicable law, to increase efficiency and better
    reflect the policy goals and objectives of this order.
      (d) A citizen-centered and results-oriented approach will improve
    service and performance, thereby strengthening compliance with the
    FOIA, and will help avoid disputes and related litigation.
      Sec. 2. Agency Chief FOIA Officers.
      (a) Designation. The head of each agency shall designate within
    30 days of the date of this order a senior official of such agency
    (at the Assistant Secretary or equivalent level), to serve as the
    Chief FOIA Officer of that agency. The head of the agency shall
    promptly notify the Director of the Office of Management and Budget
    (OMB Director) and the Attorney General of such designation and of
    any changes thereafter in such designation.
      (b) General Duties. The Chief FOIA Officer of each agency shall,
    subject to the authority of the head of the agency:
      (i) have agency-wide responsibility for efficient and appropriate
    compliance with the FOIA;
      (ii) monitor FOIA implementation throughout the agency, including
    through the use of meetings with the public to the extent deemed
    appropriate by the agency's Chief FOIA Officer, and keep the head
    of the agency, the chief legal officer of the agency, and the
    Attorney General appropriately informed of the agency's performance
    in implementing the FOIA, including the extent to which the agency
    meets the milestones in the agency's plan under section 3(b) of
    this order and training and reporting standards established
    consistent with applicable law and this order;
      (iii) recommend to the head of the agency such adjustments to
    agency practices, policies, personnel, and funding as may be
    necessary to carry out the policy set forth in section 1 of this
    order;
      (iv) review and report, through the head of the agency, at such
    times and in such formats as the Attorney General may direct, on
    the agency's performance in implementing the FOIA; and
      (v) facilitate public understanding of the purposes of the FOIA's
    statutory exemptions by including concise descriptions of the
    exemptions in both the agency's FOIA handbook issued under section
    552(g) of title 5, United States Code, and the agency's annual FOIA
    report, and by providing an overview, where appropriate, of certain
    general categories of agency records to which those exemptions
    apply.
      (c) FOIA Requester Service Center and FOIA Public Liaisons. In
    order to ensure appropriate communication with FOIA requesters:
      (i) Each agency shall establish one or more FOIA Requester
    Service Centers (Center), as appropriate, which shall serve as the
    first place that a FOIA requester can contact to seek information
    concerning the status of the person's FOIA request and appropriate
    information about the agency's FOIA response. The Center shall
    include appropriate staff to receive and respond to inquiries from
    FOIA requesters;
      (ii) The agency Chief FOIA Officer shall designate one or more
    agency officials, as appropriate, as FOIA Public Liaisons, who may
    serve in the Center or who may serve in a separate office. FOIA
    Public Liaisons shall serve as supervisory officials to whom a FOIA
    requester can raise concerns about the service the FOIA requester
    has received from the Center, following an initial response from
    the Center staff. FOIA Public Liaisons shall seek to ensure a
    service-oriented response to FOIA requests and FOIA-related
    inquiries. For example, the FOIA Public Liaison shall assist, as
    appropriate, in reducing delays, increasing transparency and
    understanding of the status of requests, and resolving disputes.
    FOIA Public Liaisons shall report to the agency Chief FOIA Officer
    on their activities and shall perform their duties consistent with
    applicable law and agency regulations;
      (iii) In addition to the services to FOIA requesters provided by
    the Center and FOIA Public Liaisons, the agency Chief FOIA Officer
    shall also consider what other FOIA-related assistance to the
    public should appropriately be provided by the agency;
      (iv) In establishing the Centers and designating FOIA Public
    Liaisons, the agency shall use, as appropriate, existing agency
    staff and resources. A Center shall have appropriate staff to
    receive and respond to inquiries from FOIA requesters;
      (v) As determined by the agency Chief FOIA Officer, in
    consultation with the FOIA Public Liaisons, each agency shall post
    appropriate information about its Center or Centers on the agency's
    website, including contact information for its FOIA Public
    Liaisons. In the case of an agency without a website, the agency
    shall publish the information on the Firstgov.gov website or, in
    the case of any agency with neither a website nor the capability to
    post on the Firstgov.gov website, in the Federal Register; and
      (vi) The agency Chief FOIA Officer shall ensure that the agency
    has in place a method (or methods), including through the use of
    the Center, to receive and respond promptly and appropriately to
    inquiries from FOIA requesters about the status of their requests.
    The Chief FOIA Officer shall also consider, in consultation with
    the FOIA Public Liaisons, as appropriate, whether the agency's
    implementation of other means (such as tracking numbers for
    requests, or an agency telephone or Internet hotline) would be
    appropriate for responding to status inquiries.
      Sec. 3. Review, Plan, and Report.
      (a) Review. Each agency's Chief FOIA Officer shall conduct a
    review of the agency's FOIA operations to determine whether agency
    practices are consistent with the policies set forth in section 1
    of this order. In conducting this review, the Chief FOIA Officer
    shall:
      (i) evaluate, with reference to numerical and statistical
    benchmarks where appropriate, the agency's administration of the
    FOIA, including the agency's expenditure of resources on FOIA
    compliance and the extent to which, if any, requests for records
    have not been responded to within the statutory time limit
    (backlog);
      (ii) review the processes and practices by which the agency
    assists and informs the public regarding the FOIA process;
      (iii) examine the agency's:
        (A) use of information technology in responding to FOIA
      requests, including without limitation the tracking of FOIA
      requests and communication with requesters;
        (B) practices with respect to requests for expedited
      processing; and
        (C) implementation of multi-track processing if used by such
      agency;
      (iv) review the agency's policies and practices relating to the
    availability of public information through websites and other
    means, including the use of websites to make available the records
    described in section 552(a)(2) of title 5, United States Code; and
      (v) identify ways to eliminate or reduce its FOIA backlog,
    consistent with available resources and taking into consideration
    the volume and complexity of the FOIA requests pending with the
    agency.
      (b) Plan.
      (i) Each agency's Chief FOIA Officer shall develop, in
    consultation as appropriate with the staff of the agency (including
    the FOIA Public Liaisons), the Attorney General, and the OMB
    Director, an agency-specific plan to ensure that the agency's
    administration of the FOIA is in accordance with applicable law and
    the policies set forth in section 1 of this order. The plan, which
    shall be submitted to the head of the agency for approval, shall
    address the agency's implementation of the FOIA during fiscal years
    2006 and 2007.
      (ii) The plan shall include specific activities that the agency
    will implement to eliminate or reduce the agency's FOIA backlog,
    including (as applicable) changes that will make the processing of
    FOIA requests more streamlined and effective, as well as increased
    reliance on the dissemination of records that can be made available
    to the public through a website or other means that do not require
    the public to make a request for the records under the FOIA.
      (iii) The plan shall also include activities to increase public
    awareness of FOIA processing, including as appropriate, expanded
    use of the agency's Center and its FOIA Public Liaisons.
      (iv) The plan shall also include, taking appropriate account of
    the resources available to the agency and the mission of the
    agency, concrete milestones, with specific timetables and outcomes
    to be achieved, by which the head of the agency, after consultation
    with the OMB Director, shall measure and evaluate the agency's
    success in the implementation of the plan.
      (c) Agency Reports to the Attorney General and OMB Director.
      (i) The head of each agency shall submit a report, no later than
    6 months from the date of this order, to the Attorney General and
    the OMB Director that summarizes the results of the review under
    section 3(a) of this order and encloses a copy of the agency's plan
    under section 3(b) of this order. The agency shall publish a copy
    of the agency's report on the agency's website or, in the case of
    an agency without a website, on the Firstgov.gov website, or, in
    the case of any agency with neither a website nor the capability to
    publish on the Firstgov.gov website, in the Federal Register.
      (ii) The head of each agency shall include in the agency's annual
    FOIA reports for fiscal years 2006 and 2007 a report on the
    agency's development and implementation of its plan under section
    3(b) of this order and on the agency's performance in meeting the
    milestones set forth in that plan, consistent with any related
    guidelines the Attorney General may issue under section 552(e) of
    title 5, United States Code.
      (iii) If the agency does not meet a milestone in its plan, the
    head of the agency shall:
        (A) identify this deficiency in the annual FOIA report to the
      Attorney General;
        (B) explain in the annual report the reasons for the agency's
      failure to meet the milestone;
        (C) outline in the annual report the steps that the agency has
      already taken, and will be taking, to address the deficiency; and
        (D) report this deficiency to the President's Management
      Council.
      Sec. 4. Attorney General.
      (a) Report. The Attorney General, using the reports submitted by
    the agencies under subsection 3(c)(i) of this order and the
    information submitted by agencies in their annual FOIA reports for
    fiscal year 2005, shall submit to the President, no later than 10
    months from the date of this order, a report on agency FOIA
    implementation. The Attorney General shall consult the OMB Director
    in the preparation of the report and shall include in the report
    appropriate recommendations on administrative or other agency
    actions for continued agency dissemination and release of public
    information. The Attorney General shall thereafter submit two
    further annual reports, by June 1, 2007, and June 1, 2008, that
    provide the President with an update on the agencies'
    implementation of the FOIA and of their plans under section 3(b) of
    this order.
      (b) Guidance. The Attorney General shall issue such instructions
    and guidance to the heads of departments and agencies as may be
    appropriate to implement sections 3(b) and 3(c) of this order.
      Sec. 5. OMB Director. The OMB Director may issue such
    instructions to the heads of agencies as are necessary to implement
    this order, other than sections 3(b) and 3(c) of this order.
      Sec. 6. Definitions. As used in this order:
      (a) the term "agency" has the same meaning as the term "agency"
    under section 552(f)(1) of title 5, United States Code; and
      (b) the term "record" has the same meaning as the term "record"
    under section 552(f)(2) of title 5, United States Code.
      Sec. 7. General Provisions.
      (a) The agency reviews under section 3(a) of this order and
    agency plans under section 3(b) of this order shall be conducted
    and developed in accordance with applicable law and applicable
    guidance issued by the President, the Attorney General, and the OMB
    Director, including the laws and guidance regarding information
    technology and the dissemination of information.
      (b) This order:
      (i) shall be implemented in a manner consistent with applicable
    law and subject to the availability of appropriations;
      (ii) shall not be construed to impair or otherwise affect the
    functions of the OMB Director relating to budget, legislative, or
    administrative proposals; and
      (iii) is intended only to improve the internal management of the
    executive branch and is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable at law or
    in equity by a party against the United States, its departments,
    agencies, instrumentalities, or entities, its officers or
    employees, or any other person.
                                                         George W. Bush.
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