Freedom of Information Act Federal Statute
Title 5 of the United States
Code, Section 552
As Amended By Public Law No. 104-231, 110 Stat. 3048
Below is the full text of the Freedom of Information
Act in a form showing all amendments to the statute
made by the "Electronic Freedom of Information
Act Amendments of 1996." All newly enacted provisions
are in boldface type.
ยง 552. Public information; agency rules, opinions,
orders, records, and proceedings
(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; and
(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, or staff manual or instruction,
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 an 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,
each agency, upon request for records which (A)
(i) reasonably describes such records and (B)
(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.
(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.
(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.
(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) Except as to cases the court considers
of greater importance, proceedings before the district
court, as authorized by this subsection, and appeals
therefrom, take precedence on the docket over all cases
and shall be assigned for hearing and trial or for argument
at the earliest practicable date and expedited in every
way. Repealed by Pub. L. 98-620, Title IV,
402(2), Nov. 8, 1984, 98 Stat. 3335, 3357.]
(E) 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.
(F) 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.
(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 ten days twenty
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.
(B) 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.
(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. 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 the 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.
(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 a 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 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.
(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 the 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) On or before March 1 of each calendar year,
each agency shall submit a report covering the preceding
calendar year to the Speaker of the House of Representatives
and President of the Senate for referral to the appropriate
committees of the Congress. The report shall include--
(1) the number of determinations made by such
agency not to comply with requests for records made
to such agency under subsection (a) and the reasons
for each such determination;
(2) 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;
(3) the names and titles or positions of each
person responsible for the denial of records requested
under this section, and the number of instances of participation
for each;
(4) the results of each proceeding conducted
pursuant to subsection (a)(4)(F), including a report
of the disciplinary action taken against the officer
or employee who was primarily responsible for improperly
withholding records or an explanation of why disciplinary
action was not taken;
(5) a copy of every rule made by such agency
regarding this section;
(6) a copy of the fee schedule and the total
amount of fees collected by the agency
for making records available under this section; and
(7) such other information as indicates efforts
to administer fully this section.
The Attorney General shall submit an annual
report on or before March 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 subsections (a)(4)(E), (F), and (G). Such report
shall also include a description of the efforts undertaken
by the Department of Justice to encourage agency compliance
with this section.
(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), 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 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;
(F) the total amount of fees collected by the agency
for processing requests; and
(G) 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) 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.
(3) 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.
(4) 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.
(5) 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
"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.
(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 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.
(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.
* * * * *
Section 12. Effective Date [not to be codified].
(a) Except as provided in subsection (b), this Act
shall take effect 180 days after the date of the enactment
of this Act [March 31, 1997].
(b) Sections 7 and 8 shall take effect one year
after the date of the enactment of this Act [October
2, 1997].
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