Notes on 5 U.S.C. § 552 : US Code - Notes

    (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; Pub. L.
    110-175, Secs. 3, 4(a), 5, 6(a)(1), (b)(1), 7(a), 8-10(a), 12, Dec.
    31, 2007, 121 Stat. 2525-2530; Pub. L. 111-83, title V, Sec.
    564(b), Oct. 28, 2009, 123 Stat. 2184.)





                       HISTORICAL AND REVISION NOTES                   
                                 1966 ACT                             
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   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.


                            REFERENCES IN TEXT                        
      The date of enactment of the OPEN FOIA Act of 2009, referred to
    in subsec. (b)(3)(B), is the date of enactment of Pub. L. 111-83,
    which was approved Oct. 28, 2009.


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



                                AMENDMENTS                            
      2009 - Subsec. (b)(3). Pub. L. 111-83 added par. (3) and struck
    out former par. (3), which read as follows: "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;".
      2007 - Subsec. (a)(4)(A)(ii). Pub. L. 110-175, Sec. 3, inserted
    concluding provisions.
      Subsec. (a)(4)(A)(viii). Pub. L. 110-175, Sec. 6(b)(1)(A), added
    cl. (viii).
      Subsec. (a)(4)(E). Pub. L. 110-175, Sec. 4(a), designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (a)(4)(F). Pub. L. 110-175, Sec. 5, designated existing
    provisions as cl. (i) and added cls. (ii) and (iii).
      Subsec. (a)(6)(A). Pub. L. 110-175, Sec. 6(a)(1), inserted
    concluding provisions.
      Subsec. (a)(6)(B)(ii). Pub. L. 110-175, Sec. 6(b)(1)(B), inserted
    after the first sentence "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."
      Subsec. (a)(7). Pub. L. 110-175, Sec. 7(a), added par. (7).
      Subsec. (b). Pub. L. 110-175, Sec. 12, in concluding provisions,
    inserted ", and the exemption under which the deletion is made,"
    after "The amount of information deleted" in second sentence and
    after "the amount of the information deleted" in third sentence.
      Subsec. (e)(1)(B)(ii). Pub. L. 110-175, Sec. 8(a)(1), inserted
    "the number of occasions on which each statute was relied upon,"
    after "subsection (b)(3),".
      Subsec. (e)(1)(C). Pub. L. 110-175, Sec. 8(a)(2), inserted "and
    average" after "median".
      Subsec. (e)(1)(E). Pub. L. 110-175, Sec. 8(a)(3), inserted before
    semicolon ", based on the date on which the requests were received
    by the agency".
      Subsec. (e)(1)(F) to (O). Pub. L. 110-175, Sec. 8(a)(4), (5),
    added subpars. (F) to (M) and redesignated former subpars. (F) and
    (G) as (N) and (O), respectively.
      Subsec. (e)(2). Pub. L. 110-175, Sec. 8(b)(2), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (e)(3). Pub. L. 110-175, Sec. 8(b)(1), (c), redesignated
    par. (2) as (3) and inserted at end "In addition, each agency shall
    make the raw statistical data used in its reports available
    electronically to the public upon request." Former par. (3)
    redesignated (4).
      Subsec. (e)(4) to (6). Pub. L. 110-175, Sec. 8(b)(1),
    redesignated pars. (3) to (5) as (4) to (6), respectively.
      Subsec. (f)(2). Pub. L. 110-175, Sec. 9, added par. (2) and
    struck out former par. (2) which read as follows: " '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."
      Subsecs. (h) to (l). Pub. L. 110-175, Sec. 10(a), added subsecs.
    (h) to (l).
      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).


                     EFFECTIVE DATE OF 2007 AMENDMENT                 
      Pub. L. 110-175, Sec. 6(a)(2), Dec. 31, 2007, 121 Stat. 2526,
    provided that: "The amendment made by this subsection [amending
    this section] shall take effect 1 year after the date of enactment
    of this Act [Dec. 31, 2007]."
      Pub. L. 110-175, Sec. 6(b)(2), Dec. 31, 2007, 121 Stat. 2526,
    provided that: "The amendment made by this subsection [amending
    this section] shall take effect 1 year after the date of enactment
    of this Act [Dec. 31, 2007] and apply to requests for information
    under section 552 of title 5, United States Code, filed on or after
    that effective date."
      Pub. L. 110-175, Sec. 7(b), Dec. 31, 2007, 121 Stat. 2527,
    provided that: "The amendment made by this section [amending this
    section] shall take effect 1 year after the date of enactment of
    this Act [Dec. 31, 2007] and apply to requests for information
    under section 552 of title 5, United States Code, filed on or after
    that effective date."
      Pub. L. 110-175, Sec. 10(b), Dec. 31, 2007, 121 Stat. 2530,
    provided that: "The amendments made by this section [amending this
    section] shall take effect on the date of enactment of this Act
    [Dec. 31, 2007]."

                     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".

                   PROTECTED NATIONAL SECURITY DOCUMENTS               
      Pub. L. 111-83, title V, Sec. 565, Oct. 28, 2009, 123 Stat. 2184,
    provided that:
      "(a) Short Title. - This section may be cited as the 'Protected
    National Security Documents Act of 2009'.
      "(b) Notwithstanding any other provision of the law to the
    contrary, no protected document, as defined in subsection (c),
    shall be subject to disclosure under section 552 of title 5, United
    States Code[,] or any proceeding under that section.
      "(c) Definitions. - In this section:
        "(1) Protected document. - The term 'protected document' means
      any record - 
          "(A) for which the Secretary of Defense has issued a
        certification, as described in subsection (d), stating that
        disclosure of that record would endanger citizens of the United
        States, members of the United States Armed Forces, or employees
        of the United States Government deployed outside the United
        States; and
          "(B) that is a photograph that - 
            "(i) was taken during the period beginning on September 11,
          2001, through January 22, 2009; and
            "(ii) relates to the treatment of individuals engaged,
          captured, or detained after September 11, 2001, by the Armed
          Forces of the United States in operations outside of the
          United States.
        "(2) Photograph. - The term 'photograph' encompasses all
      photographic images, whether originals or copies, including still
      photographs, negatives, digital images, films, video tapes, and
      motion pictures.
      "(d) Certification. - 
        "(1) In general. - For any photograph described under
      subsection (c)(1), the Secretary of Defense shall issue a
      certification if the Secretary of Defense determines that
      disclosure of that photograph would endanger citizens of the
      United States, members of the United States Armed Forces, or
      employees of the United States Government deployed outside the
      United States.
        "(2) Certification expiration. - A certification and a renewal
      of a certification issued pursuant to subsection (d)(3) shall
      expire 3 years after the date on which the certification or
      renewal, [sic] is issued by the Secretary of Defense.
        "(3) Certification renewal. - The Secretary of Defense may
      issue - 
          "(A) a renewal of a certification at any time; and
          "(B) more than 1 renewal of a certification.
        "(4) Notice to congress. - The Secretary of Defense shall
      provide Congress a timely notice of the Secretary's issuance of a
      certification and of a renewal of a certification.
      "(e) Rule of Construction. - Nothing in this section shall be
    construed to preclude the voluntary disclosure of a protected
    document.
      "(f) Effective Date. - This section shall take effect on the date
    of enactment of this Act [Oct. 28, 2009] and apply to any protected
    document."

                                 FINDINGS                             
      Pub. L. 110-175, Sec. 2, Dec. 31, 2007, 121 Stat. 2524, provided
    that: "Congress finds that - 
        "(1) the Freedom of Information Act [probably means Pub. L. 89-
      487 which amended section 1002 of former Title 5, Executive
      Departments and Government Officers and Employees, see Historical
      and Revision notes above] was signed into law on July 4, 1966,
      because the American people believe that - 
          "(A) our constitutional democracy, our system of self-
        government, and our commitment to popular sovereignty depends
        upon the consent of the governed;
          "(B) such consent is not meaningful unless it is informed
        consent; and
          "(C) as Justice Black noted in his concurring opinion in Barr
        v. Matteo (360 U.S. 564 (1959)), 'The effective functioning of
        a free government like ours depends largely on the force of an
        informed public opinion. This calls for the widest possible
        understanding of the quality of government service rendered by
        all elective or appointed public officials or employees.';
        "(2) the American people firmly believe that our system of
      government must itself be governed by a presumption of openness;
        "(3) the Freedom of Information Act establishes a 'strong
      presumption in favor of disclosure' as noted by the United States
      Supreme Court in United States Department of State v. Ray (502
      U.S. 164 (1991)), a presumption that applies to all agencies
      governed by that Act;
        "(4) 'disclosure, not secrecy, is the dominant objective of the
      Act,' as noted by the United States Supreme Court in Department
      of Air Force v. Rose (425 U.S. 352 (1976));
        "(5) in practice, the Freedom of Information Act has not always
      lived up to the ideals of that Act; and
        "(6) Congress should regularly review section 552 of title 5,
      United States Code (commonly referred to as the Freedom of
      Information Act), in order to determine whether further changes
      and improvements are necessary to ensure that the Government
      remains open and accessible to the American people and is always
      based not upon the 'need to know' but upon the fundamental 'right
      to know'."

        LIMITATION ON AMOUNTS OBLIGATED OR EXPENDED FROM CLAIMS AND
                               JUDGMENT FUND
      Pub. L. 110-175, Sec. 4(b), Dec. 31, 2007, 121 Stat. 2525,
    provided that: "Notwithstanding section 1304 of title 31, United
    States Code, no amounts may be obligated or expended from the
    Claims and Judgment Fund of the United States Treasury to pay the
    costs resulting from fees assessed under section 552(a)(4)(E) of
    title 5, United States Code. Any such amounts shall be paid only
    from funds annually appropriated for any authorized purpose for the
    Federal agency against which a claim or judgment has been
    rendered."

         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 ([former] 15 U.S.C. 5601 et
        seq.) [now 51 U.S.C. 60101 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 ([former] 15 U.S.C. 5602)
    [now 51 U.S.C. 60101].
      "(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; Pub. L. 109-5, Sec. 1, Mar. 25, 2005, 119 Stat. 19,
    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 6 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 [now Committee on Oversight and 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 [now Committee on Oversight and 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 Oversight and 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 Oversight and 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. 13526, Sec. 3.6,
    Dec. 29, 2009, 75 F.R. 718, 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.

      EX. ORD. NO. 13392. IMPROVING AGENCY DISCLOSURE OF INFORMATION  
      Ex. Ord. No. 13392, Dec. 14, 2005, 70 F.R. 75373, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and to ensure
    appropriate agency disclosure of information, and consistent with
    the goals of section 552 of title 5, United States Code, it is
    hereby ordered as follows:
      Section 1. Policy.
      (a) The effective functioning of our constitutional democracy
    depends upon the participation in public life of a citizenry that
    is well informed. For nearly four decades, the Freedom of
    Information Act (FOIA) [5 U.S.C. 552] has provided an important
    means through which the public can obtain information regarding the
    activities of Federal agencies. Under the FOIA, the public can
    obtain records from any Federal agency, subject to the exemptions
    enacted by the Congress to protect information that must be held in
    confidence for the Government to function effectively or for other
    purposes.
      (b) FOIA requesters are seeking a service from the Federal
    Government and should be treated as such. Accordingly, in
    responding to a FOIA request, agencies shall respond courteously
    and appropriately. Moreover, agencies shall provide FOIA
    requesters, and the public in general, with citizen-centered ways
    to learn about the FOIA process, about agency records that are
    publicly available (e.g., on the agency's website), and about the
    status of a person's FOIA request and appropriate information about
    the agency's response.
      (c) Agency FOIA operations shall be both results-oriented and
    produce results. Accordingly, agencies shall process requests under
    the FOIA in an efficient and appropriate manner and achieve
    tangible, measurable improvements in FOIA processing. When an
    agency's FOIA program does not produce such results, it should be
    reformed, consistent with available resources appropriated by the
    Congress and applicable law, to increase efficiency and better
    reflect the policy goals and objectives of this order.
      (d) A citizen-centered and results-oriented approach will improve
    service and performance, thereby strengthening compliance with the
    FOIA, and will help avoid disputes and related litigation.
      Sec. 2. Agency Chief FOIA Officers.
      (a) Designation. The head of each agency shall designate within
    30 days of the date of this order a senior official of such agency
    (at the Assistant Secretary or equivalent level), to serve as the
    Chief FOIA Officer of that agency. The head of the agency shall
    promptly notify the Director of the Office of Management and Budget
    (OMB Director) and the Attorney General of such designation and of
    any changes thereafter in such designation.
      (b) General Duties. The Chief FOIA Officer of each agency shall,
    subject to the authority of the head of the agency:
      (i) have agency-wide responsibility for efficient and appropriate
    compliance with the FOIA;
      (ii) monitor FOIA implementation throughout the agency, including
    through the use of meetings with the public to the extent deemed
    appropriate by the agency's Chief FOIA Officer, 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 the FOIA, including the extent to which the agency
    meets the milestones in the agency's plan under section 3(b) of
    this order and training and reporting standards established
    consistent with applicable law and this order;
      (iii) recommend to the head of the agency such adjustments to
    agency practices, policies, personnel, and funding as may be
    necessary to carry out the policy set forth in section 1 of this
    order;
      (iv) review and report, 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 the FOIA; and
      (v) facilitate public understanding of the purposes of the FOIA's
    statutory exemptions by including concise descriptions of the
    exemptions in both the agency's FOIA handbook issued under section
    552(g) of title 5, United States Code, and the agency's annual FOIA
    report, and by providing an overview, where appropriate, of certain
    general categories of agency records to which those exemptions
    apply.
      (c) FOIA Requester Service Center and FOIA Public Liaisons. In
    order to ensure appropriate communication with FOIA requesters:
      (i) Each agency shall establish one or more FOIA Requester
    Service Centers (Center), as appropriate, which shall serve as the
    first place that a FOIA requester can contact to seek information
    concerning the status of the person's FOIA request and appropriate
    information about the agency's FOIA response. The Center shall
    include appropriate staff to receive and respond to inquiries from
    FOIA requesters;
      (ii) The agency Chief FOIA Officer shall designate one or more
    agency officials, as appropriate, as FOIA Public Liaisons, who may
    serve in the Center or who may serve in a separate office. FOIA
    Public Liaisons shall serve as supervisory officials to whom a FOIA
    requester can raise concerns about the service the FOIA requester
    has received from the Center, following an initial response from
    the Center staff. FOIA Public Liaisons shall seek to ensure a
    service-oriented response to FOIA requests and FOIA-related
    inquiries. For example, the FOIA Public Liaison shall assist, as
    appropriate, in reducing delays, increasing transparency and
    understanding of the status of requests, and resolving disputes.
    FOIA Public Liaisons shall report to the agency Chief FOIA Officer
    on their activities and shall perform their duties consistent with
    applicable law and agency regulations;
      (iii) In addition to the services to FOIA requesters provided by
    the Center and FOIA Public Liaisons, the agency Chief FOIA Officer
    shall also consider what other FOIA-related assistance to the
    public should appropriately be provided by the agency;
      (iv) In establishing the Centers and designating FOIA Public
    Liaisons, the agency shall use, as appropriate, existing agency
    staff and resources. A Center shall have appropriate staff to
    receive and respond to inquiries from FOIA requesters;
      (v) As determined by the agency Chief FOIA Officer, in
    consultation with the FOIA Public Liaisons, each agency shall post
    appropriate information about its Center or Centers on the agency's
    website, including contact information for its FOIA Public
    Liaisons. In the case of an agency without a website, the agency
    shall publish the information on the Firstgov.gov website or, in
    the case of any agency with neither a website nor the capability to
    post on the Firstgov.gov website, in the Federal Register; and
      (vi) The agency Chief FOIA Officer shall ensure that the agency
    has in place a method (or methods), including through the use of
    the Center, to receive and respond promptly and appropriately to
    inquiries from FOIA requesters about the status of their requests.
    The Chief FOIA Officer shall also consider, in consultation with
    the FOIA Public Liaisons, as appropriate, whether the agency's
    implementation of other means (such as tracking numbers for
    requests, or an agency telephone or Internet hotline) would be
    appropriate for responding to status inquiries.
      Sec. 3. Review, Plan, and Report.
      (a) Review. Each agency's Chief FOIA Officer shall conduct a
    review of the agency's FOIA operations to determine whether agency
    practices are consistent with the policies set forth in section 1
    of this order. In conducting this review, the Chief FOIA Officer
    shall:
      (i) evaluate, with reference to numerical and statistical
    benchmarks where appropriate, the agency's administration of the
    FOIA, including the agency's expenditure of resources on FOIA
    compliance and the extent to which, if any, requests for records
    have not been responded to within the statutory time limit
    (backlog);
      (ii) review the processes and practices by which the agency
    assists and informs the public regarding the FOIA process;
      (iii) examine the agency's:
        (A) use of information technology in responding to FOIA
      requests, including without limitation the tracking of FOIA
      requests and communication with requesters;
        (B) practices with respect to requests for expedited
      processing; and
        (C) implementation of multi-track processing if used by such
      agency;
      (iv) review the agency's policies and practices relating to the
    availability of public information through websites and other
    means, including the use of websites to make available the records
    described in section 552(a)(2) of title 5, United States Code; and
      (v) identify ways to eliminate or reduce its FOIA backlog,
    consistent with available resources and taking into consideration
    the volume and complexity of the FOIA requests pending with the
    agency.
      (b) Plan.
      (i) Each agency's Chief FOIA Officer shall develop, in
    consultation as appropriate with the staff of the agency (including
    the FOIA Public Liaisons), the Attorney General, and the OMB
    Director, an agency-specific plan to ensure that the agency's
    administration of the FOIA is in accordance with applicable law and
    the policies set forth in section 1 of this order. The plan, which
    shall be submitted to the head of the agency for approval, shall
    address the agency's implementation of the FOIA during fiscal years
    2006 and 2007.
      (ii) The plan shall include specific activities that the agency
    will implement to eliminate or reduce the agency's FOIA backlog,
    including (as applicable) changes that will make the processing of
    FOIA requests more streamlined and effective, as well as increased
    reliance on the dissemination of records that can be made available
    to the public through a website or other means that do not require
    the public to make a request for the records under the FOIA.
      (iii) The plan shall also include activities to increase public
    awareness of FOIA processing, including as appropriate, expanded
    use of the agency's Center and its FOIA Public Liaisons.
      (iv) The plan shall also include, taking appropriate account of
    the resources available to the agency and the mission of the
    agency, concrete milestones, with specific timetables and outcomes
    to be achieved, by which the head of the agency, after consultation
    with the OMB Director, shall measure and evaluate the agency's
    success in the implementation of the plan.
      (c) Agency Reports to the Attorney General and OMB Director.
      (i) The head of each agency shall submit a report, no later than
    6 months from the date of this order, to the Attorney General and
    the OMB Director that summarizes the results of the review under
    section 3(a) of this order and encloses a copy of the agency's plan
    under section 3(b) of this order. The agency shall publish a copy
    of the agency's report on the agency's website or, in the case of
    an agency without a website, on the Firstgov.gov website, or, in
    the case of any agency with neither a website nor the capability to
    publish on the Firstgov.gov website, in the Federal Register.
      (ii) The head of each agency shall include in the agency's annual
    FOIA reports for fiscal years 2006 and 2007 a report on the
    agency's development and implementation of its plan under section
    3(b) of this order and on the agency's performance in meeting the
    milestones set forth in that plan, consistent with any related
    guidelines the Attorney General may issue under section 552(e) of
    title 5, United States Code.
      (iii) If the agency does not meet a milestone in its plan, the
    head of the agency shall:
        (A) identify this deficiency in the annual FOIA report to the
      Attorney General;
        (B) explain in the annual report the reasons for the agency's
      failure to meet the milestone;
        (C) outline in the annual report the steps that the agency has
      already taken, and will be taking, to address the deficiency; and
        (D) report this deficiency to the President's Management
      Council.
      Sec. 4. Attorney General.
      (a) Report. The Attorney General, using the reports submitted by
    the agencies under subsection 3(c)(i) of this order and the
    information submitted by agencies in their annual FOIA reports for
    fiscal year 2005, shall submit to the President, no later than 10
    months from the date of this order, a report on agency FOIA
    implementation. The Attorney General shall consult the OMB Director
    in the preparation of the report and shall include in the report
    appropriate recommendations on administrative or other agency
    actions for continued agency dissemination and release of public
    information. The Attorney General shall thereafter submit two
    further annual reports, by June 1, 2007, and June 1, 2008, that
    provide the President with an update on the agencies'
    implementation of the FOIA and of their plans under section 3(b) of
    this order.
      (b) Guidance. The Attorney General shall issue such instructions
    and guidance to the heads of departments and agencies as may be
    appropriate to implement sections 3(b) and 3(c) of this order.
      Sec. 5. OMB Director. The OMB Director may issue such
    instructions to the heads of agencies as are necessary to implement
    this order, other than sections 3(b) and 3(c) of this order.
      Sec. 6. Definitions. As used in this order:
      (a) the term "agency" has the same meaning as the term "agency"
    under section 552(f)(1) of title 5, United States Code; and
      (b) the term "record" has the same meaning as the term "record"
    under section 552(f)(2) of title 5, United States Code.
      Sec. 7. General Provisions.
      (a) The agency reviews under section 3(a) of this order and
    agency plans under section 3(b) of this order shall be conducted
    and developed in accordance with applicable law and applicable
    guidance issued by the President, the Attorney General, and the OMB
    Director, including the laws and guidance regarding information
    technology and the dissemination of information.
      (b) This order:
      (i) shall be implemented in a manner consistent with applicable
    law and subject to the availability of appropriations;
      (ii) shall not be construed to impair or otherwise affect the
    functions of the OMB Director relating to budget, legislative, or
    administrative proposals; and
      (iii) is intended only to improve the internal management of the
    executive branch and is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable at law or
    in equity by a party against the United States, its departments,
    agencies, instrumentalities, or entities, its officers or
    employees, or any other person.
                                                         George W. Bush.

                        FREEDOM OF INFORMATION ACT                    
      Memorandum of President of the United States, Jan. 21, 2009, 74
    F.R. 4683, provided:
      Memorandum for the Heads of Executive Departments and Agencies
      A democracy requires accountability, and accountability requires
    transparency. As Justice Louis Brandeis wrote, "sunlight is said to
    be the best of disinfectants." In our democracy, the Freedom of
    Information Act (FOIA), which encourages accountability through
    transparency, is the most prominent expression of a profound
    national commitment to ensuring an open Government. At the heart of
    that commitment is the idea that accountability is in the interest
    of the Government and the citizenry alike.
      The Freedom of Information Act should be administered with a
    clear presumption: In the face of doubt, openness prevails. The
    Government should not keep information confidential merely because
    public officials might be embarrassed by disclosure, because errors
    and failures might be revealed, or because of speculative or
    abstract fears. Nondisclosure should never be based on an effort to
    protect the personal interests of Government officials at the
    expense of those they are supposed to serve. In responding to
    requests under the FOIA, executive branch agencies (agencies)
    should act promptly and in a spirit of cooperation, recognizing
    that such agencies are servants of the public.
      All agencies should adopt a presumption in favor of disclosure,
    in order to renew their commitment to the principles embodied in
    FOIA, and to usher in a new era of open Government. The presumption
    of disclosure should be applied to all decisions involving FOIA.
      The presumption of disclosure also means that agencies should
    take affirmative steps to make information public. They should not
    wait for specific requests from the public. All agencies should use
    modern technology to inform citizens about what is known and done
    by their Government. Disclosure should be timely.
      I direct the Attorney General to issue new guidelines governing
    the FOIA to the heads of executive departments and agencies,
    reaffirming the commitment to accountability and transparency, and
    to publish such guidelines in the Federal Register. In doing so,
    the Attorney General should review FOIA reports produced by the
    agencies under Executive Order 13392 of December 14, 2005. I also
    direct the Director of the Office of Management and Budget to
    update guidance to the agencies to increase and improve information
    dissemination to the public, including through the use of new
    technologies, and to publish such guidance in the Federal Register.
      This memorandum does not create any right or benefit, substantive
    or procedural, enforceable at law or in equity by any party against
    the United States, its departments, agencies, or entities, its
    officers, employees, or agents, or any other person.
      The Director of the Office of Management and Budget is hereby
    authorized and directed to publish this memorandum in the Federal
    Register.
                                                           Barack Obama.