FREEDOM…

                                                               FREEDOM OF INFORMATION ACT


                              THE FREEDOM OF INFORMATION ACT

                                              5 U.S.C. § 552

                                               As Amended

§ 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;

                 (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 re-
                 quests for substantially the same records; and



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                 (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 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 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 infor-
                 mation 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.


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   (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).

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         (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 is 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 complain-
         ant 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 circum-
         stances 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 pre-
         scribed 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

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   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 re-
      quest 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 circum-
   stances 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 or 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.


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                    (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 subpara-
                    graph, 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 rea-
                sonable 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;


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            (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 with-
            holding or refers to particular types of matters to be withheld;

            (4) trade secrets and commercial or financial information obtained from a person and priv-
            ileged 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 guide-
            lines 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 infor-

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            mant'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 inter-
            national 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 informa-
tion 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 deter-
                 mination;

                 (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 infor-
                 mation; 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 re-
                 quests 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.


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            (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 dispo-
            sition 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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