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THE FREEDOM OF INFORMATION ACT

5 U.S.C. Sec. 552, As Amended by Public Law No. 104-231, 110 Stat. 2422

Newly enacted provisions that become effective on March 31, 1997 are in boldface type; new provisions that become effective on October 2, 1997 are in bold italics.

Sec. 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 (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) 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 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)  (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)  (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--
     (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.

 


 

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