Title 5, USC, Section 552

US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

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TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552

§ 552. Public information; agency rules, opinions, orders,
records, and proceedings
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

(a) Each agency shall make available to the public information as
follows:

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(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;

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(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;

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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

(B) those statements of policy and interpretations which
have been adopted by the agency and are not published in
the Federal Register;
(C) administrative staff manuals and instructions to staff
that affect a member of the public;
(D) copies of all records, regardless of form or format,
which have been released to any person under paragraph
(3) and which, because of the nature of their subject
matter, the agency determines have become or are likely to
become the subject of subsequent requests for substantially
the same records; and
(E) a general index of the records referred to under
subparagraph (D);
unless the materials are promptly published and copies
offered for sale. For records created on or after November 1,
1996, within one year after such date, each agency shall make
such records available, including by computer
telecommunications or, if computer telecommunications
means have not been established by the agency, by other
electronic means. To the extent required to prevent a clearly
unwarranted invasion of personal privacy, an agency may
delete identifying details when it makes available or publishes
an opinion, statement of policy, interpretation, staff manual,
instruction, or copies of records referred to in subparagraph
(D). However, in each case the justification for the deletion
shall be explained fully in writing, and the extent of such
deletion shall be indicated on the portion of the record which
is made available or published, unless including that
indication would harm an interest protected by the exemption
in subsection (b) under which the deletion is made. If
technically feasible, the extent of the deletion shall be
indicated at the place in the record where the deletion was
made. Each agency shall also maintain and make available for
public inspection and copying current indexes providing
identifying information for the public as to any matter issued,
adopted, or promulgated after July 4, 1967, and required by
this paragraph to be made available or published. Each
agency shall promptly publish, quarterly or more frequently,
and distribute (by sale or otherwise) copies of each index or
supplements thereto unless it determines by order published
in the Federal Register that the publication would be
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

unnecessary and impracticable, in which case the agency shall
nonetheless provide copies of such index on request at a cost
not to exceed the direct cost of duplication. Each agency shall
make the index referred to in subparagraph (E) available by
computer telecommunications by December 31, 1999. A final
order, opinion, statement of policy, interpretation, or staff
manual or instruction that affects a member of the public may
be relied on, used, or cited as precedent by an agency against
a party other than an agency only if—
(i) it has been indexed and either made available or
published as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof.
(3)
(A) Except with respect to the records made available
under paragraphs (1) and (2) of this subsection, and except
as provided in subparagraph (E), each agency, upon any
request for records which
(i) reasonably describes such records and
(ii) is made in accordance with published rules stating
the time, place, fees (if any), and procedures to be
followed, shall make the records promptly available to
any person.
(B) In making any record available to a person under this
paragraph, an agency shall provide the record in any form
or format requested by the person if the record is readily
reproducible by the agency in that form or format. Each
agency shall make reasonable efforts to maintain its
records in forms or formats that are reproducible for
purposes of this section.
(C) In responding under this paragraph to a request for
records, an agency shall make reasonable efforts to search
for the records in electronic form or format, except when
such efforts would significantly interfere with the
operation of the agency’s automated information system.
(D) For purposes of this paragraph, the term “search”
means to review, manually or by automated means, agency
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

records for the purpose of locating those records which are
responsive to a request.
(E) An agency, or part of an agency, that is an element of
the intelligence community (as that term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.
C. 401a (4))) shall not make any record available under
this paragraph to—
(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any
subdivision thereof; or
(ii) a representative of a government entity described
in clause (i).
(4)
(A)
(i) In order to carry out the provisions of this section,
each agency shall promulgate regulations, pursuant to
notice and receipt of public comment, specifying the
schedule of fees applicable to the processing of
requests under this section and establishing procedures
and guidelines for determining when such fees should
be waived or reduced. Such schedule shall conform to
the guidelines which shall be promulgated, pursuant to
notice and receipt of public comment, by the Director
of the Office of Management and Budget and which
shall provide for a uniform schedule of fees for all
agencies.
(ii) Such agency regulations shall provide that—
(I) fees shall be limited to reasonable standard
charges for document search, duplication, and
review, when records are requested for commercial
use;
(II) fees shall be limited to reasonable standard
charges for document duplication when records are
not sought for commercial use and the request is
made by an educational or noncommercial
scientific institution, whose purpose is scholarly or
scientific research; or a representative of the news
media; and
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

(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
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

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. Pub. L. 98–620, title IV, § 402(2), Nov. 8,
1984, 98 Stat. 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
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

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 20 days (excepting Saturdays,
Sundays, and legal public holidays) after the receipt of
any such request whether to comply with such request
and shall immediately notify the person making such
request of such determination and the reasons therefor,
and of the right of such person to appeal to the head of
the agency any adverse determination; and
(ii) make a determination with respect to any appeal
within twenty days (excepting Saturdays, Sundays,
and legal public holidays) after the receipt of such
appeal. If on appeal the denial of the request for
records is in whole or in part upheld, the agency shall
notify the person making such request of the
provisions for judicial review of that determination
under paragraph (4) of this subsection.
(B)

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(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

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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

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
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for processing a request (or a modified request) under
clause (ii) after being given an opportunity to do so by
the agency to whom the person made the request shall
be considered as a factor in determining whether
exceptional circumstances exist for purposes of this
subparagraph.
(D)
(i) Each agency may promulgate regulations, pursuant
to notice and receipt of public comment, providing for
multitrack processing of requests for records based on
the amount of work or time (or both) involved in
processing requests.
(ii) Regulations under this subparagraph may provide a
person making a request that does not qualify for the
fastest multitrack processing an opportunity to limit
the scope of the request in order to qualify for faster
processing.
(iii) This subparagraph shall not be considered to
affect the requirement under subparagraph (C) to
exercise due diligence.
(E)
(i) Each agency shall promulgate regulations, pursuant
to notice and receipt of public comment, providing for
expedited processing of requests for records—
(I) in cases in which the person requesting the
records demonstrates a compelling need; and
(II) in other cases determined by the agency.
(ii) Notwithstanding clause (i), regulations under this
subparagraph must ensure—
(I) that a determination of whether to provide
expedited processing shall be made, and notice of
the determination shall be provided to the person
making the request, within 10 days after the date of
the request; and
(II) expeditious consideration of administrative
appeals of such determinations of whether to
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

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.
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

(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
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

agency or authority or any private institution which
furnished information on a confidential basis, and, in the
case of a record or information compiled by criminal law
enforcement authority in the course of a criminal
investigation or by an agency conducting a lawful national
security intelligence investigation, information furnished
by a confidential source,
(E) would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would
disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be
expected to risk circumvention of the law, or
(F) could reasonably be expected to endanger the life or
physical safety of any individual;
(8) contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of
financial institutions; or
(9) geological and geophysical information and data, including
maps, concerning wells.
Any reasonably segregable portion of a record shall be provided to
any person requesting such record after deletion of the portions
which are exempt under this subsection. The amount of information
deleted 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
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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

reasonably be expected to interfere with enforcement
proceedings,
the agency may, during only such time as that circumstance
continues, treat the records as not subject to the requirements
of this section.
(2) Whenever informant records maintained by a criminal law
enforcement agency under an informant’s name or personal
identifier are requested by a third party according to the
informant’s name or personal identifier, the agency may treat
the records as not subject to the requirements of this section
unless the informant’s status as an informant has been
officially confirmed.
(3) Whenever a request is made which involves access to
records maintained by the Federal Bureau of Investigation
pertaining to foreign intelligence or counterintelligence, or
international terrorism, and the existence of the records is
classified information as provided in subsection (b)(1), the
Bureau may, as long as the existence of the records remains
classified information, treat the records as not subject to the
requirements of this section.
(d) This section does not authorize withholding of information or
limit the availability of records to the public, except as specifically
stated in this section. This section is not authority to withhold
information from Congress.
(e)
(1) On or before February 1 of each year, each agency shall
submit to the Attorney General of the United States a report
which shall cover the preceding fiscal year and which shall
include—
(A) the number of determinations made by the agency not
to comply with requests for records made to such agency
under subsection (a) and the reasons for each such
determination;
(B)
(i) the number of appeals made by persons under
subsection (a)(6), the result of such appeals, and the
reason for the action upon each appeal that results in a

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US CODE: Title 5,552. Public information; agency rules, opinions, orders, records, and proceedings

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.
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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 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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