5 Usc 552

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[Laws in effect as of January 3, 2005]
[Document affected by Public Law ]
[CITE: 5USC552]

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I--THE AGENCIES GENERALLY

CHAPTER 5--ADMINISTRATIVE PROCEDURE

SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

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;
(C) administrative staff manuals and instructions to staff that
affect a member of the public;
(D) copies of all records, regardless of form or format, which
have been released to any person under paragraph (3) and which,
because of the nature of their subject matter, the agency determines
have become or are likely to become the subject of subsequent
requests for substantially the same records; and
(E) a general index of the records referred to under
subparagraph (D);

unless the materials are promptly published and copies offered for sale.
For records created on or after November 1, 1996, within one year after
such date, each agency shall make such records available, including by
computer telecommunications or, if computer telecommunications means
have not been established by the agency, by other electronic means. To
the extent required to prevent a clearly unwarranted invasion of
personal privacy, an agency may delete identifying details when it makes
available or publishes an opinion, statement of policy, interpretation,
staff manual, instruction, or copies of records referred to in
subparagraph (D). However, in each case the justification for the
deletion shall be explained fully in writing, and the extent of such
deletion shall be indicated on the portion of the record which is made
available or published, unless including that indication would harm an
interest protected by the exemption in subsection (b) under which the
deletion is made. If technically feasible, the extent of the deletion
shall be indicated at the place in the record where the deletion was
made. Each agency shall also maintain and make available for public
inspection and copying current indexes providing identifying information
for the public as to any matter issued, adopted, or promulgated after
July 4, 1967, and required by this paragraph to be made available or
published. Each agency shall promptly publish, quarterly or more
frequently, and distribute (by sale or otherwise) copies of each index
or supplements thereto unless it determines by order published in the
Federal Register that the publication would be unnecessary and
impracticable, in which case the agency shall nonetheless provide copies
of such index on request at a cost not to exceed the direct cost of
duplication. Each agency shall make the index referred to in
subparagraph (E) available by computer telecommunications by December
31, 1999. A final order, opinion, statement of policy, interpretation,
or staff manual or instruction that affects a member of the public may
be relied on, used, or cited as precedent by an agency against a party
other than an agency only if--
(i) it has been indexed and either made available or published
as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof.

(3)(A) Except with respect to the records made available under
paragraphs (1) and (2) of this subsection, and except as provided in
subparagraph (E), each agency, upon any request for records which (i)
reasonably describes such records and (ii) is made in accordance with
published rules stating the time, place, fees (if any), and procedures
to be followed, shall make the records promptly available to any person.
(B) In making any record available to a person under this paragraph,
an agency shall provide the record in any form or format requested by
the person if the record is readily reproducible by the agency in that
form or format. Each agency shall make reasonable efforts to maintain
its records in forms or formats that are reproducible for purposes of
this section.
(C) In responding under this paragraph to a request for records, an
agency shall make reasonable efforts to search for the records in
electronic form or format, except when such efforts would significantly
interfere with the operation of the agency's automated information
system.
(D) For purposes of this paragraph, the term ``search'' means to
review, manually or by automated means, agency records for the purpose
of locating those records which are responsive to a request.
(E) An agency, or part of an agency, that is an element of the
intelligence community (as that term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any
record available under this paragraph to--
(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any subdivision
thereof; or
(ii) a representative of a government entity described in clause
(i).

(4)(A)(i) In order to carry out the provisions of this section, each
agency shall promulgate regulations, pursuant to notice and receipt of
public comment, specifying the schedule of fees applicable to the
processing of requests under this section and establishing procedures
and guidelines for determining when such fees should be waived or
reduced. Such schedule shall conform to the guidelines which shall be
promulgated, pursuant to notice and receipt of public comment, by the
Director of the Office of Management and Budget and which shall provide
for a uniform schedule of fees for all agencies.
(ii) Such agency regulations shall provide that--
(I) fees shall be limited to reasonable standard charges for
document search, duplication, and review, when records are requested
for commercial use;
(II) fees shall be limited to reasonable standard charges for
document duplication when records are not sought for commercial use
and the request is made by an educational or noncommercial
scientific institution, whose purpose is scholarly or scientific
research; or a representative of the news media; and
(III) for any request not described in (I) or (II), fees shall
be limited to reasonable standard charges for document search and
duplication.

(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. Pub. L. 98-620, title IV, Sec. 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
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)(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 a request
(or a modified request) under clause (ii) after being given an
opportunity to do so by the agency to whom the person made the request
shall be considered as a factor in determining whether exceptional
circumstances exist for purposes of this subparagraph.
(D)(i) Each agency may promulgate regulations, pursuant to notice
and receipt of public comment, providing for multitrack processing of
requests for records based on the amount of work or time (or both)
involved in processing requests.
(ii) Regulations under this subparagraph may provide a person making
a request that does not qualify for the fastest multitrack processing an
opportunity to limit the scope of the request in order to qualify for
faster processing.
(iii) This subparagraph shall not be considered to affect the
requirement under subparagraph (C) to exercise due diligence.
(E)(i) Each agency shall promulgate regulations, pursuant to notice
and receipt of public comment, providing for expedited processing of
requests for records--
(I) in cases in which the person requesting the records
demonstrates a compelling need; and
(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under this subparagraph
must ensure--
(I) that a determination of whether to provide expedited
processing shall be made, and notice of the determination shall be
provided to the person making the request, within 10 days after the
date of the request; and
(II) expeditious consideration of administrative appeals of such
determinations of whether to provide expedited processing.

(iii) An agency shall process as soon as practicable any request for
records to which the agency has granted expedited processing under this
subparagraph. Agency action to deny or affirm denial of a request for
expedited processing pursuant to this subparagraph, and failure by an
agency to respond in a timely manner to such a request shall be subject
to judicial review under paragraph (4), except that the judicial review
shall be based on the record before the agency at the time of the
determination.
(iv) A district court of the United States shall not have
jurisdiction to review an agency denial of expedited processing of a
request for records after the agency has provided a complete response to
the request.
(v) For purposes of this subparagraph, the term ``compelling need''
means--
(I) that a failure to obtain requested records on an expedited
basis under this paragraph could reasonably be expected to pose an
imminent threat to the life or physical safety of an individual; or
(II) with respect to a request made by a person primarily
engaged in disseminating information, urgency to inform the public
concerning actual or alleged Federal Government activity.

(vi) A demonstration of a compelling need by a person making a
request for expedited processing shall be made by a statement certified
by such person to be true and correct to the best of such person's
knowledge and belief.
(F) In denying a request for records, in whole or in part, an agency
shall make a reasonable effort to estimate the volume of any requested
matter the provision of which is denied, and shall provide any such
estimate to the person making the request, unless providing such
estimate would harm an interest protected by the exemption in subsection
(b) pursuant to which the denial is made.
(b) This section does not apply to matters that are--
(1)(A) specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national
defense or foreign policy and (B) are in fact properly classified
pursuant to such Executive order;
(2) related solely to the internal personnel rules and practices
of an agency;
(3) specifically exempted from disclosure by statute (other than
section 552b of this title), provided that such statute (A) requires
that the matters be withheld from the public in such a manner as to
leave no discretion on the issue, or (B) establishes particular
criteria for withholding or refers to particular types of matters to
be withheld;
(4) trade secrets and commercial or financial information
obtained from a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which
would not be available by law to a party other than an agency in
litigation with the agency;
(6) personnel and medical files and similar files the disclosure
of which would constitute a clearly unwarranted invasion of personal
privacy;
(7) records or information compiled for law enforcement
purposes, but only to the extent that the production of such law
enforcement records or information (A) could reasonably be expected
to interfere with enforcement proceedings, (B) would deprive a
person of a right to a fair trial or an impartial adjudication, (C)
could reasonably be expected to constitute an unwarranted invasion
of personal privacy, (D) could reasonably be expected to disclose
the identity of a confidential source, including a State, local, or
foreign agency or authority or any private institution which
furnished information on a confidential basis, and, in the case of a
record or information compiled by criminal law enforcement authority
in the course of a criminal investigation or by an agency conducting
a lawful national security intelligence investigation, information
furnished by a confidential source, (E) would disclose techniques
and procedures for law enforcement investigations or prosecutions,
or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk
circumvention of the law, or (F) could reasonably be expected to
endanger the life or physical safety of any individual;
(8) contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of financial
institutions; or
(9) geological and geophysical information and data, including
maps, concerning wells.

Any reasonably segregable portion of a record shall be provided to any
person requesting such record after deletion of the portions which are
exempt under this subsection. The amount of information deleted 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 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.

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

Historical and Revision Notes
1966 Act
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 1002. June 11, 1946, ch.
324, Sec. 3, 60
Stat. 238.
------------------------------------------------------------------------

In subsection (b)(3), the words ``formulated and'' are omitted as
surplusage. In the last sentence of subsection (b), the words ``in any
manner'' are omitted as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.

1967 Act

Section 1 [of Pub. L. 90-23] amends section 552 of title 5, United
States Code, to reflect Public Law 89-487.
In subsection (a)(1)(A), the words ``employees (and in the case of a
uniformed service, the member)'' are substituted for ``officer'' to
retain the coverage of Public Law 89-487 and to conform to the
definitions in 5 U.S.C. 2101, 2104, and 2105.
In the last sentence of subsection (a)(2), the words ``A final order
* * * may be relied on * * * only if'' are substituted for ``No final
order * * * may be relied upon * * * unless''; and the words ``a party
other than an agency'' and ``the party'' are substituted for ``a private
party'' and ``the private party'', respectively, on authority of the
definition of ``private party'' in 5 App. U.S.C. 1002(g).
In subsection (a)(3), the words ``the responsible employee, and in
the case of a uniformed service, the responsible member'' are
substituted for ``the responsible officers'' to retain the coverage of
Public Law 89-487 and to conform to the definitions in 5 U.S.C. 2101,
2104, and 2105.
In subsection (a)(4), the words ``shall maintain and make available
for public inspection a record'' are substituted for ``shall keep a
record * * * and that record shall be available for public inspection''.
In subsection (b)(5) and (7), the words ``a party other than an
agency'' are substituted for ``a private party'' on authority of the
definition of ``private party'' in 5 App. U.S.C. 1002(g).
In subsection (c), the words ``This section does not authorize'' and
``This section is not authority'' are substituted for ``Nothing in this
section authorizes'' and ``nor shall this section be authority'',
respectively.
5 App. U.S.C. 1002(g), defining ``private party'' to mean a party
other than an agency, is omitted since the words ``party other than an
agency'' are substituted for the words ``private party'' wherever they
appear in revised 5 U.S.C. 552.
5 App. U.S.C. 1002(h), prescribing the effective date, is omitted as
unnecessary. That effective date is prescribed by section 4 of this
bill.

Codification

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

Amendments

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

Change of Name

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

Effective Date of 1996 Amendment

Section 12 of Pub. L. 104-231 provided that:
``(a) In General.--Except as provided in subsection (b), this Act
[amending this section and enacting provisions set out as notes below]
shall take effect 180 days after the date of the enactment of this Act
[Oct. 2, 1996].
``(b) Provisions Effective on Enactment [sic].--Sections 7 and 8
[amending this section] shall take effect one year after the date of the
enactment of this Act [Oct. 2, 1996].''

Effective Date of 1986 Amendment

Section 1804 of Pub. L. 99-570 provided that:
``(a) The amendments made by section 1802 [amending this section]
shall be effective on the date of enactment of this Act [Oct. 27, 1986],
and shall apply with respect to any requests for records, whether or not
the request was made prior to such date, and shall apply to any civil
action pending on such date.
``(b)(1) The amendments made by section 1803 [amending this section]
shall be effective 180 days after the date of enactment of this Act
[Oct. 27, 1986], except that regulations to implement such amendments
shall be promulgated by such 180th day.
``(2) The amendments made by section 1803 [amending this section]
shall apply with respect to any requests for records, whether or not the
request was made prior to such date, and shall apply to any civil action
pending on such date, except that review charges applicable to records
requested for commercial use shall not be applied by an agency to
requests made before the effective date specified in paragraph (1) of
this subsection or before the agency has finally issued its
regulations.''

Effective Date of 1984 Amendment

Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978,
see section 907 of Pub. L. 95-454, set out as a note under section 1101
of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976,
see section 6 of Pub. L. 94-409, set out as an Effective Date note under
section 552b of this title.

Effective Date of 1974 Amendment

Section 4 of Pub. L. 93-502 provided that: ``The amendments made by
this Act [amending this section] shall take effect on the ninetieth day
beginning after the date of enactment of this Act [Nov. 21, 1974].''

Effective Date of 1967 Amendment

Section 4 of Pub. L. 90-23 provided that: ``This Act [amending this
section] shall be effective July 4, 1967, or on the date of enactment
[June 5, 1967], whichever is later.''

Short Title of 1996 Amendment

Section 1 of Pub. L. 104-231 provided that: ``This Act [amending
this section and enacting provisions set out as notes under this
section] may be cited as the `Electronic Freedom of Information Act
Amendments of 1996'.''

Short Title of 1986 Amendment

Section 1801 of Pub. L. 99-570 provided that: ``This subtitle
[subtitle N (Secs. 1801-1804) of title I of Pub. L. 99-570, amending
this section and enacting provisions set out as a note under this
section] may be cited as the `Freedom of Information Reform Act of
1986'.''

Short Title

This section is popularly known as the ``Freedom of Information
Act''.

Nondisclosure of Certain Products of Commercial Satellite Operations

Pub. L. 108-375, div. A, title IX, Sec. 914, Oct. 28, 2004, 118
Stat. 2029, provided that:
``(a) Mandatory Disclosure Requirements Inapplicable.--The
requirements to make information available under section 552 of title 5,
United States Code, shall not apply to land remote sensing information.
``(b) Land Remote Sensing Information Defined.--In this section, the
term `land remote sensing information'--
``(1) means any data that--
``(A) are collected by land remote sensing; and
``(B) are prohibited from sale to customers other than the
United States Government and United States Government-approved
customers for reasons of national security pursuant to the terms
of an operating license issued pursuant to the Land Remote
Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.); and
``(2) includes any imagery and other product that is derived
from such data and which is prohibited from sale to customers other
than the United States Government and United States Government-
approved customers for reasons of national security pursuant to the
terms of an operating license described in paragraph (1)(B).
``(c) State or Local Government Disclosures.--Land remote sensing
information provided by the head of a department or agency of the United
States to a State, local, or tribal government may not be made available
to the general public under any State, local, or tribal law relating to
the disclosure of information or records.
``(d) Safeguarding Information.--The head of each department or
agency of the United States having land remote sensing information
within that department or agency or providing such information to a
State, local, or tribal government shall take such actions, commensurate
with the sensitivity of that information, as are necessary to protect
that information from disclosure other than in accordance with this
section and other applicable law.
``(e) Additional Definition.--In this section, the term `land remote
sensing' has the meaning given such term in section 3 of the Land Remote
Sensing Policy Act of 1992 (15 U.S.C. 5602).
``(f) Disclosure to Congress.--Nothing in this section shall be
construed to authorize the withholding of information from the
appropriate committees of Congress.''

Disclosure of Arson, Explosive, or Firearm Records

Pub. L. 108-7, div. J, title VI, Sec. 644, Feb. 20, 2003, 117 Stat.
473, provided that: ``No funds appropriated under this Act or any other
Act with respect to any fiscal year shall be available to take any
action based upon any provision of 5 U.S.C. 552 with respect to records
collected or maintained pursuant to 18 U.S.C. 846(b), 923(g)(3) or
923(g)(7), or provided by Federal, State, local, or foreign law
enforcement agencies in connection with arson or explosives incidents or
the tracing of a firearm, except that such records may continue to be
disclosed to the extent and in the manner that records so collected,
maintained, or obtained have been disclosed under 5 U.S.C. 552 prior to
the date of the enactment of this Act [Feb. 20, 2003].''

Disclosure of Information on Japanese Imperial Government

Pub. L. 106-567, title VIII, Dec. 27, 2000, 114 Stat. 2864, as
amended by Pub. L. 108-199, div. H, Sec. 163, Jan. 23, 2004, 118 Stat.
452, provided that:
``SEC. 801. SHORT TITLE.
``This title may be cited as the `Japanese Imperial Government
Disclosure Act of 2000'.
``SEC. 802. DESIGNATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given such term
under section 551 of title 5, United States Code.
``(2) Interagency group.--The term `Interagency Group' means the
Nazi War Crimes and Japanese Imperial Government Records Interagency
Working Group established under subsection (b).
``(3) Japanese imperial government records.--The term `Japanese
Imperial Government records' means classified records or portions of
records that pertain to any person with respect to whom the United
States Government, in its sole discretion, has grounds to believe
ordered, incited, assisted, or otherwise participated in the
experimentation on, and persecution of, any person because of race,
religion, national origin, or political opinion, during the period
beginning September 18, 1931, and ending on December 31, 1948, under
the direction of, or in association with--
``(A) the Japanese Imperial Government;
``(B) any government in any area occupied by the military
forces of the Japanese Imperial Government;
``(C) any government established with the assistance or
cooperation of the Japanese Imperial Government; or
``(D) any government which was an ally of the Japanese
Imperial Government.
``(4) Record.--The term `record' means a Japanese Imperial
Government record.
``(b) Establishment of Interagency Group.--
``(1) In general.--Not later than 60 days after the date of the
enactment of this Act [Dec. 27, 2000], the President shall designate
the Working Group established under the Nazi War Crimes Disclosure
Act (Public Law 105-246; 5 U.S.C. 552 note) to also carry out the
purposes of this title with respect to Japanese Imperial Government
records, and that Working Group shall remain in existence for 4
years after the date on which this title takes effect. Such Working
Group is redesignated as the `Nazi War Crimes and Japanese Imperial
Government Records Interagency Working Group'.
``(2) Membership.--[Amended Pub. L. 105-246, set out as a note
below.]
``(c) Functions.--Not later than 1 year after the date of the
enactment of this Act [Dec. 27, 2000], the Interagency Group shall, to
the greatest extent possible consistent with section 803--
``(1) locate, identify, inventory, recommend for
declassification, and make available to the public at the National
Archives and Records Administration, all classified Japanese
Imperial Government records of the United States;
``(2) coordinate with agencies and take such actions as
necessary to expedite the release of such records to the public; and
``(3) submit a report to Congress, including the Committee on
Government Reform and the Permanent Select Committee on Intelligence
of the House of Representatives, and the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate, describing
all such records, the disposition of such records, and the
activities of the Interagency Group and agencies under this section.
``(d) Funding.--There is authorized to be appropriated such sums as
may be necessary to carry out the provisions of this title.
``SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.
``(a) Release of Records.--Subject to subsections (b), (c), and (d),
the Japanese Imperial Government Records Interagency Working Group shall
release in their entirety Japanese Imperial Government records.
``(b) Exemptions.--An agency head may exempt from release under
subsection (a) specific information, that would--
``(1) constitute an unwarranted invasion of personal privacy;
``(2) reveal the identity of a confidential human source, or
reveal information about an intelligence source or method when the
unauthorized disclosure of that source or method would damage the
national security interests of the United States;
``(3) reveal information that would assist in the development or
use of weapons of mass destruction;
``(4) reveal information that would impair United States
cryptologic systems or activities;
``(5) reveal information that would impair the application of
state-of-the-art technology within a United States weapon system;
``(6) reveal United States military war plans that remain in
effect;
``(7) reveal information that would impair relations between the
United States and a foreign government, or undermine ongoing
diplomatic activities of the United States;
``(8) reveal information that would impair the current ability
of United States Government officials to protect the President, Vice
President, and other officials for whom protection services are
authorized in the interest of national security;
``(9) reveal information that would impair current national
security emergency preparedness plans; or
``(10) violate a treaty or other international agreement.
``(c) Applications of Exemptions.--
``(1) In general.--In applying the exemptions provided in
paragraphs (2) through (10) of subsection (b), there shall be a
presumption that the public interest will be served by disclosure
and release of the records of the Japanese Imperial Government. The
exemption may be asserted only when the head of the agency that
maintains the records determines that disclosure and release would
be harmful to a specific interest identified in the exemption. An
agency head who makes such a determination shall promptly report it
to the committees of Congress with appropriate jurisdiction,
including the Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on Government Reform
and the Permanent Select Committee on Intelligence of the House of
Representatives.
``(2) Application of title 5.--A determination by an agency head
to apply an exemption provided in paragraphs (2) through (9) of
subsection (b) shall be subject to the same standard of review that
applies in the case of records withheld under section 552(b)(1) of
title 5, United States Code.
``(d) Records Related to Investigations or Prosecutions.--This
section shall not apply to records--
``(1) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of Special
Investigations of the Department of Justice; or
``(2) solely in the possession, custody, or control of the
Office of Special Investigations.
``SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL
GOVERNMENT RECORDS.
``For purposes of expedited processing under section 552(a)(6)(E) of
title 5, United States Code, any person who was persecuted in the manner
described in section 802(a)(3) and who requests a Japanese Imperial
Government record shall be deemed to have a compelling need for such
record.
``SEC. 805. EFFECTIVE DATE.
``The provisions of this title shall take effect on the date that is
90 days after the date of the enactment of this Act [Dec. 27, 2000].''

Nazi War Crimes Disclosure

Pub. L. 105-246, Oct. 8, 1998, 112 Stat. 1859, as amended by Pub. L.
106-567, Sec. 802(b)(2), Dec. 27, 2000, 114 Stat. 2865, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Nazi War Crimes Disclosure Act'.
``SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY WORKING
GROUP.
``(a) Definitions.--In this section the term--
``(1) `agency' has the meaning given such term under section 551
of title 5, United States Code;
``(2) `Interagency Group' means the Nazi War Criminal Records
Interagency Working Group [redesignated Nazi War Crimes and Japanese
Imperial Government Records Interagency Working Group, see section
802(b)(1) of Pub. L. 106-567, set out above] established under
subsection (b);
``(3) `Nazi war criminal records' has the meaning given such
term under section 3 of this Act; and
``(4) `record' means a Nazi war criminal record.
``(b) Establishment of Interagency Group.--
``(1) In general.--Not later than 60 days after the date of
enactment of this Act [Oct. 8, 1998], the President shall establish
the Nazi War Criminal Records Interagency Working Group, which shall
remain in existence for 3 years after the date the Interagency Group
is established.
``(2) Membership.--The President shall appoint to the
Interagency Group individuals whom the President determines will
most completely and effectively carry out the functions of the
Interagency Group within the time limitations provided in this
section, including the Director of the Holocaust Museum, the
Historian of the Department of State, the Archivist of the United
States, the head of any other agency the President considers
appropriate, and no more than 4 other persons who shall be members
of the public, of whom 3 shall be persons appointed under the
provisions of this Act in effect on October 8, 1998..[sic] The head
of an agency appointed by the President may designate an appropriate
officer to serve on the Interagency Group in lieu of the head of
such agency.
``(3) Initial meeting.--Not later than 90 days after the date of
enactment of this Act, the Interagency Group shall hold an initial
meeting and begin the functions required under this section.
``(c) Functions.--Not later than 1 year after the date of enactment
of this Act [Oct. 8, 1998], the Interagency Group shall, to the greatest
extent possible consistent with section 3 of this Act--
``(1) locate, identify, inventory, recommend for
declassification, and make available to the public at the National
Archives and Records Administration, all classified Nazi war
criminal records of the United States;
``(2) coordinate with agencies and take such actions as
necessary to expedite the release of such records to the public; and
``(3) submit a report to Congress, including the Committee on
the Judiciary of the Senate and the Committee on Government Reform
and Oversight [now Committee on Government Reform] of the House of
Representatives, describing all such records, the disposition of
such records, and the activities of the Interagency Group and
agencies under this section.
``(d) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of this Act.
``SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS WHO
COMMITTED NAZI WAR CRIMES.
``(a) Nazi War Criminal Records.--For purposes of this Act, the term
`Nazi war criminal records' means classified records or portions of
records that--
``(1) pertain to any person with respect to whom the United
States Government, in its sole discretion, has grounds to believe
ordered, incited, assisted, or otherwise participated in the
persecution of any person because of race, religion, national
origin, or political opinion, during the period beginning on March
23, 1933, and ending on May 8, 1945, under the direction of, or in
association with--
``(A) the Nazi government of Germany;
``(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
``(C) any government established with the assistance or
cooperation of the Nazi government of Germany; or
``(D) any government which was an ally of the Nazi
government of Germany; or
``(2) pertain to any transaction as to which the United States
Government, in its sole discretion, has grounds to believe--
``(A) involved assets taken from persecuted persons during
the period beginning on March 23, 1933, and ending on May 8,
1945, by, under the direction of, on behalf of, or under
authority granted by the Nazi government of Germany or any
nation then allied with that government; and
``(B) such transaction was completed without the assent of
the owners of those assets or their heirs or assigns or other
legitimate representatives.
``(b) Release of Records.--
``(1) In general.--Subject to paragraphs (2), (3), and (4), the
Nazi War Criminal Records Interagency Working Group shall release in
their entirety Nazi war criminal records that are described in
subsection (a).
``(2) Exception for privacy, etc.--An agency head may exempt
from release under paragraph (1) specific information, that would--
``(A) constitute a clearly unwarranted invasion of personal
privacy;
``(B) reveal the identity of a confidential human source, or
reveal information about the application of an intelligence
source or method, or reveal the identity of a human intelligence
source when the unauthorized disclosure of that source would
clearly and demonstrably damage the national security interests
of the United States;
``(C) reveal information that would assist in the
development or use of weapons of mass destruction;
``(D) reveal information that would impair United States
cryptologic systems or activities;
``(E) reveal information that would impair the application
of state-of-the-art technology within a United States weapon
system;
``(F) reveal actual United States military war plans that
remain in effect;
``(G) reveal information that would seriously and
demonstrably impair relations between the United States and a
foreign government, or seriously and demonstrably undermine
ongoing diplomatic activities of the United States;
``(H) reveal information that would clearly and demonstrably
impair the current ability of United States Government officials
to protect the President, Vice President, and other officials
for whom protection services, in the interest of national
security, are authorized;
``(I) reveal information that would seriously and
demonstrably impair current national security emergency
preparedness plans; or
``(J) violate a treaty or international agreement.
``(3) Application of exemptions.--
``(A) In general.--In applying the exemptions listed in
subparagraphs (B) through (J) of paragraph (2), there shall be a
presumption that the public interest in the release of Nazi war
criminal records will be served by disclosure and release of the
records. Assertion of such exemption may only be made when the
agency head determines that disclosure and release would be
harmful to a specific interest identified in the exemption. An
agency head who makes such a determination shall promptly report
it to the committees of Congress with appropriate jurisdiction,
including the Committee on the Judiciary of the Senate and the
Committee on Government Reform and Oversight [now Committee on
Government Reform] of the House of Representatives. The
exemptions set forth in paragraph (2) shall constitute the only
authority pursuant to which an agency head may exempt records
otherwise subject to release under paragraph (1).
``(B) Application of title 5.--A determination by an agency
head to apply an exemption listed in subparagraphs (B) through
(I) of paragraph (2) shall be subject to the same standard of
review that applies in the case of records withheld under
section 552(b)(1) of title 5, United States Code.
``(4) Limitation on application.--This subsection shall not
apply to records--
``(A) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of Special
Investigations of the Department of Justice; or
``(B) solely in the possession, custody, or control of that
office.
``(c) Inapplicability of National Security Act of 1947 Exemption.--
Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431[(a)])
shall not apply to any operational file, or any portion of any
operational file, that constitutes a Nazi war criminal record under
section 3 of this Act.
``SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL
RECORDS.
``(a) Expedited Processing.--For purposes of expedited processing
under section 552(a)(6)(E) of title 5, United States Code, any requester
of a Nazi war criminal record shall be deemed to have a compelling need
for such record.
``(b) Requester.--For purposes of this section, the term `requester'
means any person who was persecuted in the manner described under
section 3(a)(1) of this Act who requests a Nazi war criminal record.
``SEC. 5. EFFECTIVE DATE.
``This Act and the amendments made by this Act shall take effect on
the date that is 90 days after the date of enactment of this Act [Oct.
8, 1998].''

Congressional Statement of Findings and Purpose; Public Access to
Information in Electronic Format

Section 2 of Pub. L. 104-231 provided that:
``(a) Findings.--The Congress finds that--
``(1) the purpose of section 552 of title 5, United States Code,
popularly known as the Freedom of Information Act, is to require
agencies of the Federal Government to make certain agency
information available for public inspection and copying and to
establish and enable enforcement of the right of any person to
obtain access to the records of such agencies, subject to statutory
exemptions, for any public or private purpose;
``(2) since the enactment of the Freedom of Information Act in
1966, and the amendments enacted in 1974 and 1986, the Freedom of
Information Act has been a valuable means through which any person
can learn how the Federal Government operates;
``(3) the Freedom of Information Act has led to the disclosure
of waste, fraud, abuse, and wrongdoing in the Federal Government;
``(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
``(5) Government agencies increasingly use computers to conduct
agency business and to store publicly valuable agency records and
information; and
``(6) Government agencies should use new technology to enhance
public access to agency records and information.
``(b) Purposes.--The purposes of this Act [see Short Title of 1996
Amendment note above] are to--
``(1) foster democracy by ensuring public access to agency
records and information;
``(2) improve public access to agency records and information;
``(3) ensure agency compliance with statutory time limits; and
``(4) maximize the usefulness of agency records and information
collected, maintained, used, retained, and disseminated by the
Federal Government.''

Freedom of Information Act Exemption for Certain Open Skies Treaty Data

Pub. L. 103-236, title V, Sec. 533, Apr. 30, 1994, 108 Stat. 480,
provided that:
``(a) In General.--Data with respect to a foreign country collected
by sensors during observation flights conducted in connection with the
Treaty on Open Skies, including flights conducted prior to entry into
force of the treaty, shall be exempt from disclosure under the Freedom
of Information Act--
``(1) if the country has not disclosed the data to the public;
and
``(2) if the country has not, acting through the Open Skies
Consultative Commission or any other diplomatic channel, authorized
the United States to disclose the data to the public.
``(b) Statutory Construction.--This section constitutes a specific
exemption within the meaning of section 552(b)(3) of title 5, United
States Code.
``(c) Definitions.--For the purposes of this section--
``(1) the term `Freedom of Information Act' means the provisions
of section 552 of title 5, United States Code;
``(2) the term `Open Skies Consultative Commission' means the
commission established pursuant to Article X of the Treaty on Open
Skies; and
``(3) the term `Treaty on Open Skies' means the Treaty on Open
Skies, signed at Helsinki on March 24, 1992.''

Classified National Security Information

For provisions relating to a response to a request for information
under this section when the fact of its existence or nonexistence is
itself classified or when it was originally classified by another
agency, see Ex. Ord. No. 12958, Sec. 3.7, Apr. 17, 1995, 60 F.R. 19835,
set out as a note under section 435 of Title 50, War and National
Defense.

Executive Order No. 12174

Ex. Ord. No. 12174, Nov. 30, 1979, 44 F.R. 69609, which related to
minimizing Federal paperwork, was revoked by Ex. Ord. No. 12291, Feb.
17, 1981, 46 F.R. 13193, formerly set out as a note under section 601 of
this title.

Ex. Ord. No. 12600. Predisclosure Notification Procedures for
Confidential Commercial Information

Ex. Ord. No. 12600, June 23, 1987, 52 F.R. 23781, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, and in order to provide
predisclosure notification procedures under the Freedom of Information
Act [5 U.S.C. 552] concerning confidential commercial information, and
to make existing agency notification provisions more uniform, it is
hereby ordered as follows:
Section 1. The head of each Executive department and agency subject
to the Freedom of Information Act [5 U.S.C. 552] shall, to the extent
permitted by law, establish procedures to notify submitters of records
containing confidential commercial information as described in section 3
of this Order, when those records are requested under the Freedom of
Information Act [FOIA], 5 U.S.C. 552, as amended, if after reviewing the
request, the responsive records, and any appeal by the requester, the
department or agency determines that it may be required to disclose the
records. Such notice requires that an agency use good-faith efforts to
advise submitters of confidential commercial information of the
procedures established under this Order. Further, where notification of
a voluminous number of submitters is required, such notification may be
accomplished by posting or publishing the notice in a place reasonably
calculated to accomplish notification.
Sec. 2. For purposes of this Order, the following definitions apply:
(a) ``Confidential commercial information'' means records provided
to the government by a submitter that arguably contain material exempt
from release under Exemption 4 of the Freedom of Information Act, 5
U.S.C. 552(b)(4), because disclosure could reasonably be expected to
cause substantial competitive harm.
(b) ``Submitter'' means any person or entity who provides
confidential commercial information to the government. The term
``submitter'' includes, but is not limited to, corporations, state
governments, and foreign governments.
Sec. 3. (a) For confidential commercial information submitted prior
to January 1, 1988, the head of each Executive department or agency
shall, to the extent permitted by law, provide a submitter with notice
pursuant to section 1 whenever:
(i) the records are less than 10 years old and the information has
been designated by the submitter as confidential commercial information;
or
(ii) the department or agency has reason to believe that disclosure
of the information could reasonably be expected to cause substantial
competitive harm.
(b) For confidential commercial information submitted on or after
January 1, 1988, the head of each Executive department or agency shall,
to the extent permitted by law, establish procedures to permit
submitters of confidential commercial information to designate, at the
time the information is submitted to the Federal government or a
reasonable time thereafter, any information the disclosure of which the
submitter claims could reasonably be expected to cause substantial
competitive harm. Such agency procedures may provide for the expiration,
after a specified period of time or changes in circumstances, of
designations of competitive harm made by submitters. Additionally, such
procedures may permit the agency to designate specific classes of
information that will be treated by the agency as if the information had
been so designated by the submitter. The head of each Executive
department or agency shall, to the extent permitted by law, provide the
submitter notice in accordance with section 1 of this Order whenever the
department or agency determines that it may be required to disclose
records:
(i) designated pursuant to this subsection; or
(ii) the disclosure of which the department or agency has reason to
believe could reasonably be expected to cause substantial competitive
harm.
Sec. 4. When notification is made pursuant to section 1, each
agency's procedures shall, to the extent permitted by law, afford the
submitter a reasonable period of time in which the submitter or its
designee may object to the disclosure of any specified portion of the
information and to state all grounds upon which disclosure is opposed.
Sec. 5. Each agency shall give careful consideration to all such
specified grounds for nondisclosure prior to making an administrative
determination of the issue. In all instances when the agency determines
to disclose the requested records, its procedures shall provide that the
agency give the submitter a written statement briefly explaining why the
submitter's objections are not sustained. Such statement shall, to the
extent permitted by law, be provided a reasonable number of days prior
to a specified disclosure date.
Sec. 6. Whenever a FOIA requester brings suit seeking to compel
disclosure of confidential commercial information, each agency's
procedures shall require that the submitter be promptly notified.
Sec. 7. The designation and notification procedures required by this
Order shall be established by regulations, after notice and public
comment. If similar procedures or regulations already exist, they should
be reviewed for conformity and revised where necessary. Existing
procedures or regulations need not be modified if they are in compliance
with this Order.
Sec. 8. The notice requirements of this Order need not be followed
if:
(a) The agency determines that the information should not be
disclosed;
(b) The information has been published or has been officially made
available to the public;
(c) Disclosure of the information is required by law (other than 5
U.S.C. 552);
(d) The disclosure is required by an agency rule that (1) was
adopted pursuant to notice and public comment, (2) specifies narrow
classes of records submitted to the agency that are to be released under
the Freedom of Information Act [5 U.S.C. 552], and (3) provides in
exceptional circumstances for notice when the submitter provides written
justification, at the time the information is submitted or a reasonable
time thereafter, that disclosure of the information could reasonably be
expected to cause substantial competitive harm;
(e) The information requested is not designated by the submitter as
exempt from disclosure in accordance with agency regulations promulgated
pursuant to section 7, when the submitter had an opportunity to do so at
the time of submission of the information or a reasonable time
thereafter, unless the agency has substantial reason to believe that
disclosure of the information would result in competitive harm; or
(f) The designation made by the submitter in accordance with agency
regulations promulgated pursuant to section 7 appears obviously
frivolous; except that, in such case, the agency must provide the
submitter with written notice of any final administrative disclosure
determination within a reasonable number of days prior to the specified
disclosure date.
Sec. 9. Whenever an agency notifies a submitter that it may be
required to disclose information pursuant to section 1 of this Order,
the agency shall also notify the requester that notice and an
opportunity to comment are being provided the submitter. Whenever an
agency notifies a submitter of a final decision pursuant to section 5 of
this Order, the agency shall also notify the requester.
Sec. 10. This Order is intended only to improve the internal
management of the Federal government, and is not intended to create any
right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
person.
Ronald Reagan.

Ex. Ord. No. 13110. Nazi War Crimes and Japanese Imperial Government
Records Interagency Working Group

Ex. Ord. No. 13110, Jan. 11, 1999, 64 F.R. 2419, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Nazi War Crimes
Disclosure Act (Public Law 105-246) (the ``Act'') [5 U.S.C. 552 note],
it is hereby ordered as follows:
Section 1. Establishment of Working Group. There is hereby
established the Nazi War Criminal Records Interagency Working Group [now
Nazi War Crimes and Japanese Imperial Government Records Interagency
Working Group] (Working Group). The function of the Group shall be to
locate, inventory, recommend for declassification, and make available to
the public at the National Archives and Records Administration all
classified Nazi war criminal records of the United States, subject to
certain designated exceptions as provided in the Act. The Working Group
shall coordinate with agencies and take such actions as necessary to
expedite the release of such records to the public.
Sec. 2. Schedule. The Working Group should complete its work to the
greatest extent possible and report to the Congress within 1 year.
Sec. 3. Membership. (a) The Working Group shall be composed of the
following members:
(1) Archivist of the United States (who shall serve as Chair of the
Working Group);
(2) Secretary of Defense;
(3) Attorney General;
(4) Director of Central Intelligence;
(5) Director of the Federal Bureau of Investigation;
(6) Director of the United States Holocaust Memorial Museum;
(7) Historian of the Department of State; and
(8) Three other persons appointed by the President.
(b) The Senior Director for Records and Access Management of the
National Security Council will serve as the liaison to and attend the
meetings of the Working Group. Members of the Working Group who are
full-time Federal officials may serve on the Working Group through
designees.
Sec. 4. Administration. (a) To the extent permitted by law and
subject to the availability of appropriations, the National Archives and
Records Administration shall provide the Working Group with funding,
administrative services, facilities, staff, and other support services
necessary for the performance of the functions of the Working Group.
(b) The Working Group shall terminate 3 years from the date of this
Executive order.
William J. Clinton.