5 U.S.C. § 552 : US Code - Section 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.

    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 news-media 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 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 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.
      (7) Each agency shall - 
        (A) establish a system to assign an individualized tracking
      number for each request received that will take longer than ten
      days to process and provide to each person making a request the
      tracking number assigned to the request; and
        (B) establish a telephone line or Internet service that
      provides information about the status of a request to the person
      making the request using the assigned tracking number, including -
       
          (i) the date on which the agency originally received the
        request; and
          (ii) an estimated date on which the agency will complete
        action on the request.

      (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), if that statute - 
          (A)(i) requires that the matters be withheld from the public
        in such a manner as to leave no discretion on the issue; or
          (ii) establishes particular criteria for withholding or
        refers to particular types of matters to be withheld; and
          (B) if enacted after the date of enactment of the OPEN FOIA
        Act of 2009, specifically cites to this paragraph.

        (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, and the exemption under which the deletion is made, 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, and
    the exemption under which the deletion is made, 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), 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 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;
          (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 days;
          (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;
        (N) the total amount of fees collected by the agency for
      processing requests; and
        (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.
      (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.
      (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.
      (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.
      (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
        (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.