The Freedom of Information Act, 5 U.S.C. § 552
As Amended By
Public Law No. 110-175, 121 Stat. 2524
Below is the full text of the Freedom of Information Act in a form showing all
amendments to the statute made by the “Openness Promotes Effectiveness in our
National Government Act of 2007.” All newly enacted provisions are in boldface type.
§ 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 an index on request at a cost
not to exceed the direct cost of duplication. Each agency shall make the index
referred to in subparagraph (E) available by computer telecommunications by
December 31, 1999. A final order, opinion, statement of policy, interpretation, or
staff manual or instruction that affects a member of the public may be relied on,
used, or cited as precedent by an agency against a party other than an agency only
if— (i) it has been indexed and either made available or published as
provided by this paragraph; or
(ii) the party has actual and timely notice of the terms thereof.
(3)(A) Except with respect to the records made available under paragraphs (1) and
(2) of this subsection, 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.
In this clause, the term ‘a representative of the news media’
means any person or entity that gathers information of
potential interest to a segment of the public, uses its editorial
skills to turn the raw materials into a distinct work, and
distributes that work to an audience. In this clause, the term
‘news’ means information that is about current events or that
would be of current interest to the public. Examples of newsmedia entities are television or radio stations broadcasting to
the public at large and publishers of periodicals (but only if
such entities qualify as disseminators of ‘news’) who make
their products available for purchase by or subscription by or
free distribution to the general public. These examples are not
all-inclusive. Moreover, as methods of news delivery evolve (for
example, the adoption of the electronic dissemination of
newspapers through telecommunications services), such
alternative media shall be considered to be news-media
entities. A freelance journalist shall be regarded as working for
a news-media entity if the journalist can demonstrate a solid
basis for expecting publication through that entity, whether or
not the journalist is actually employed by the entity. A
publication contract would present a solid basis for such an
expectation; the Government may also consider the past
publication record of the requester in making such a
determination.
(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.
(viii) An agency shall not assess search fees (or in the case of a
requester described under clause (ii)(II), duplication fees)
under this subparagraph if the agency fails to comply with any
time limit under paragraph (6), if no unusual or exceptional
circumstances (as those terms are defined for purposes of
paragraphs (6)(B) and (C), respectively) apply to the
processing of the request.
(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 is shown.
[(D) Repealed. Pub. L. 98-620, title IV, Sec. 402(2), Nov. 8, 1984, 98
Stat. 3357.]
(E)(i) 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.
(ii) For purposes of this subparagraph, a complainant has
substantially prevailed if the complainant has obtained relief
through either—
(I) a judicial order, or an enforceable written agreement
or consent decree; or
(II) a voluntary or unilateral change in position by the
agency, if the complainant’s claim is not insubstantial.
(F)(i) 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.
(ii) The Attorney General shall—
(I) notify the Special Counsel of each civil action
described under the first sentence of clause (i); and
(II) annually submit a report to Congress on the
number of such civil actions in the preceding year.
(iii) The Special Counsel shall annually submit a report to
Congress on the actions taken by the Special Counsel under
clause (i).
(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.
The 20-day period under clause (i) shall commence on the date
on which the request is first received by the appropriate
component of the agency, but in any event not later than ten
days after the request is first received by any component of the agency that is designated in the agency’s regulations under this
section to receive requests under this section. The 20-day
period shall not be tolled by the agency except—
(I) that the agency may make one request to the
requester for information and toll the 20-day period
while it is awaiting such information that it has
reasonably requested from the requester under this
section; or
(II) if necessary to clarify with the requester issues
regarding fee assessment. In either case, the agency’s
receipt of the requester’s response to the agency’s
request for information or clarification ends the tolling
period.
(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. To aid the requester, each agency shall make available
its FOIA Public Liaison, who shall assist in the resolution of
any disputes between the requester and the agency. 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 g
(C) the number of requests for records pending before the agency as of
September 30 of the preceding year, and the median and average 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, based on the date on which the requests were
received by the agency;
(F) the average number of days for the agency to respond to a request
beginning on the date on which the request was received by the
agency, the median number of days for the agency to respond to such
requests, and the range in number of days for the agency to respond
to such requests;
(G) based on the number of business days that have elapsed since each
request was originally received by the agency—
(i) the number of requests for records to which the agency has
responded with a determination within a period up to and
including 20 days, and in 20-day increments up to and
including 200 days;
(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), the number of occasions on which each statute was
relied upon, 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 and average 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, based on the date on which the requests were
received by the agency;
(F) the average number of day
(ii) the number of requests for records to which the agency has
responded with a determination within a period greater than
200 days and less than 301 daays;
(iii) the number of requests for records to which the agency has
responded with a determination within a period greater than
300 days and less than 401 days; and
(iv) the number of requests for records to which the agency has
responded with a determination within a period greater than
400 days;
(H) the average number of days for the agency to provide the granted
information beginning on the date on which the request was originally
filed, the median number of days for the agency to provide the
granted information, and the range in number of days for the agency
to provide the granted information;
(I) the median and average number of days for the agency to respond
to administrative appeals based on the date on which the appeals
originally were received by the agency, the highest number of business
days taken by the agency to respond to an administrative appeal, and
the lowest number of business days taken by the agency to respond to
an administrative appeal;
(J) data on the 10 active requests with the earliest filing dates pending
at each agency, including the amount of time that has elapsed since
each request was originally received by the agency;
(K) data on the 10 active administrative appeals with the earliest filing
dates pending before the agency as of September 30 of the preceding
year, including the number of business days that have elapsed since
the requests were originally received by the agency;
(L) the number of expedited review requests that are granted and
denied, the average and median number of days for adjudicating
expedited review requests, and the number adjudicated within the
required 10 days;
(M) the number of fee waiver requests that are granted and denied,
and the average and median number of days for adjudicating fee
waiver determinations;
(F) (N) the total amount of fees collected by the agency for processing
requests; and
(G) (O) 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) Information in each report submitted under paragraph (1) shall be
expressed in terms of each principal component of the agency and for the
agency overall.
(2) (3) 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. In addition, each
agency shall make the raw statistical data used in its reports available
electronically to the public upon request.
(3) (4 ) 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) (5) 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) (6) 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
nd (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.
(2) ‘record’ and any other term used in this section in reference to
information includes—
(A) 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; and
(B) any information described under subparagraph (A) that is
maintained for an agency by an entity under Government contract,
for the purposes of records management.
(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.
(h)(1) There is established the Office of Government Information Services within
the National Archives and Records Administration.
(2) The Office of Government Information Services shall—
(A) review policies and procedures of administrative agencies under
this section;
(B) review compliance with this section by administrative agencies;
and
(C) recommend policy changes to Congress and the President to
improve the administration of this section.
(3) The Office of Government Information Services shall offer mediation
services to resolve disputes between persons making requests under this
section and administrative agencies as a non-exclusive alternative to
litigation and, at the discretion of the Office, may issue advisory opinions if
mediation has not resolved the dispute.
(i) The Government Accountability Office shall conduct audits of administrative
agencies on the implementation of this section and issue reports detailing the results
of such audits.
(j) Each agency shall designate a Chief FOIA Officer who shall be a senior official of
such agency (at the Assistant Secretary or equivalent level).
(k) The Chief FOIA Officer of each agency shall, subject to the authority of the head
of the agency—
(1) have agency-wide responsibility for efficient and appropriate compliance
with this section;
(2) monitor implementation of this section throughout the agency and keep
the head of the agency, the chief legal officer of the agency, and the Attorney
General appropriately informed of the agency’s performance in
implementing this section;
(3) recommend to the head of the agency such adjustments to agency
practices, policies, personnel, and funding as may be necessary to improve its
implementation of this section;
(4) review and report to the Attorney General, through the head of the
agency, at such times and in such formats as the Attorney General may
direct, on the agency’s performance in implementing this section;
(5) facilitate public understanding of the purposes of the statutory
exemptions of this section by including concise descriptions of the exemptions
in both the agency’s handbook issued under subsection (g), and the agency’s
annual report on this section, and by providing an overview, where
appropriate, of certain general categories of agency records to which those
exemptions apply; and
(6) designate one or more FOIA Public Liaisons.
(l) FOIA Public Liaisons shall report to the agency Chief FOIA Officer and shall
serve as supervisory officials to whom a requester under this section can raise
concerns about the service the requester has received from the FOIA Requester
Center, following an initial response from the FOIA Requester Center Staff. FOIA
Public Liaisons shall be responsible for assisting in reducing delays, increasing
transparency and understanding of the status of requests, and assisting in the
resolution of disputes
