5 Usc 552

5usc552-1.txt

Small Business Timber Sale Set-Aside Program: Appeal Procedures on Recomputation of Shares

5 USC 552

OMB: 0596-0141

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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.


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