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

Search 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.)
HISTORICAL AND REVISION NOTES                   
1966 ACT                             
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Derivation           U.S. Code              Revised Statutes and    
Statutes at Large     
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5 U.S.C. 1002.           June 11, 1946, ch. 324,     
Sec. 3, 60 Stat. 238.      
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In subsection (b)(3), the words "formulated and" are omitted as
surplusage. In the last sentence of subsection (b), the words "in
any manner" are omitted as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 ACT                             
Section 1 [of Pub. L. 90-23] amends section 552 of title 5,
United States Code, to reflect Public Law 89-487.
In subsection (a)(1)(A), the words "employees (and in the case of
a uniformed service, the member)" are substituted for "officer" to
retain the coverage of Public Law 89-487 and to conform to the
definitions in 5 U.S.C. 2101, 2104, and 2105.
In the last sentence of subsection (a)(2), the words "A final
order * * * may be relied on * * * only if" are substituted for "No
final order * * * may be relied upon * * * unless"; and the words
"a party other than an agency" and "the party" are substituted for
"a private party" and "the private party", respectively, on
authority of the definition of "private party" in 5 App. U.S.C.
1002(g).
In subsection (a)(3), the words "the responsible employee, and in
the case of a uniformed service, the responsible member" are
substituted for "the responsible officers" to retain the coverage
of Public Law 89-487 and to conform to the definitions in 5 U.S.C.
2101, 2104, and 2105.
In subsection (a)(4), the words "shall maintain and make
available for public inspection a record" are substituted for
"shall keep a record * * * and that record shall be available for
public inspection".
In subsection (b)(5) and (7), the words "a party other than an
agency" are substituted for "a private party" on authority of the
definition of "private party" in 5 App. U.S.C. 1002(g).
In subsection (c), the words "This section does not authorize"
and "This section is not authority" are substituted for "Nothing in
this section authorizes" and "nor shall this section be authority",
respectively.
5 App. U.S.C. 1002(g), defining "private party" to mean a party
other than an agency, is omitted since the words "party other than
an agency" are substituted for the words "private party" wherever
they appear in revised 5 U.S.C. 552.
5 App. U.S.C. 1002(h), prescribing the effective date, is omitted
as unnecessary. That effective date is prescribed by section 4 of
this bill.
CODIFICATION                           
Section 552 of former Title 5, Executive Departments and
Government Officers and Employees, was transferred to section 2243
of Title 7, Agriculture.
AMENDMENTS                            
2002 - Subsec. (a)(3)(A). Pub. L. 107-306, Sec. 312(1), inserted
"and except as provided in subparagraph (E)," after "of this
subsection,".
Subsec. (a)(3)(E). Pub. L. 107-306, Sec. 312(2), added subpar.
(E).
1996 - Subsec. (a)(2). Pub. L. 104-231, Sec. 4(4), (5), in first
sentence struck out "and" at end of subpar. (B) and inserted
subpars. (D) and (E).
Pub. L. 104-231, Sec. 4(7), inserted after first sentence "For
records created on or after November 1, 1996, within one year after
such date, each agency shall make such records available, including
by computer telecommunications or, if computer telecommunications
means have not been established by the agency, by other electronic
means."
Pub. L. 104-231, Sec. 4(1), in second sentence substituted "staff
manual, instruction, or copies of records referred to in
subparagraph (D)" for "or staff manual or instruction".
Pub. L. 104-231, Sec. 4(2), inserted before period at end of
third sentence ", and the extent of such deletion shall be
indicated on the portion of the record which is made available or
published, unless including that indication would harm an interest
protected by the exemption in subsection (b) under which the
deletion is made".
Pub. L. 104-231, Sec. 4(3), inserted after third sentence "If
technically feasible, the extent of the deletion shall be indicated
at the place in the record where the deletion was made."
Pub. L. 104-231, Sec. 4(6), which directed the insertion of the
following new sentence after the fifth sentence "Each agency shall
make the index referred to in subparagraph (E) available by
computer telecommunications by December 31, 1999.", was executed by
making the insertion after the sixth sentence, to reflect the
probable intent of Congress and the addition of a new sentence by
section 4(3) of Pub. L. 104-231.
Subsec. (a)(3). Pub. L. 104-231, Sec. 5, inserted subpar. (A)
designation after "(3)", redesignated subpars. (A) and (B) as cls.
(i) and (ii), respectively, and added subpars. (B) to (D).
Subsec. (a)(4)(B). Pub. L. 104-231, Sec. 6, inserted at end "In
addition to any other matters to which a court accords substantial
weight, a court shall accord substantial weight to an affidavit of
an agency concerning the agency's determination as to technical
feasibility under paragraph (2)(C) and subsection (b) and
reproducibility under paragraph (3)(B)."
Subsec. (a)(6)(A)(i). Pub. L. 104-231, Sec. 8(b), substituted "20
days" for "ten days".
Subsec. (a)(6)(B). Pub. L. 104-231, Sec. 7(b), amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows: "In
unusual circumstances as specified in this subparagraph, the time
limits prescribed in either clause (i) or clause (ii) of
subparagraph (A) may be extended by written notice to the person
making such request setting forth the reasons for such extension
and the date on which a determination is expected to be dispatched.
No such notice shall specify a date that would result in an
extension for more than ten working days. As used in this
subparagraph, 'unusual circumstances' means, but only to the extent
reasonably necessary to the proper processing of the particular
request - 
"(i) the need to search for and collect the requested records
from field facilities or other establishments that are separate
from the office processing the request;
"(ii) the need to search for, collect, and appropriately
examine a voluminous amount of separate and distinct records
which are demanded in a single request; or
"(iii) the need for consultation, which shall be conducted with
all practicable speed, with another agency having a substantial
interest in the determination of the request or among two or more
components of the agency having substantial subject-matter
interest therein."
Subsec. (a)(6)(C). Pub. L. 104-231, Sec. 7(c), designated
existing provisions as cl. (i) and added cls. (ii) and (iii).
Subsec. (a)(6)(D). Pub. L. 104-231, Sec. 7(a), added subpar. (D).
Subsec. (a)(6)(E), (F). Pub. L. 104-231, Sec. 8(a), (c), added
subpars. (E) and (F).
Subsec. (b). Pub. L. 104-231, Sec. 9, inserted at end of closing
provisions "The amount of information deleted shall be indicated on
the released portion of the record, unless including that
indication would harm an interest protected by the exemption in
this subsection under which the deletion is made. If technically
feasible, the amount of the information deleted shall be indicated
at the place in the record where such deletion is made."
Subsec. (e). Pub. L. 104-231, Sec. 10, amended subsec. (e)
generally, revising and restating provisions relating to reports to
Congress.
Subsec. (f). Pub. L. 104-231, Sec. 3, amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: "For
purposes of this section, the term 'agency' as defined in section
551(1) of this title includes any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of the
Government (including the Executive Office of the President), or
any independent regulatory agency."
Subsec. (g). Pub. L. 104-231, Sec. 11, added subsec. (g).
1986 - Subsec. (a)(4)(A). Pub. L. 99-570, Sec. 1803, amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "In order to carry out the provisions of this section,
each agency shall promulgate regulations, pursuant to notice and
receipt of public comment, specifying a uniform schedule of fees
applicable to all constituent units of such agency. Such fees shall
be limited to reasonable standard charges for document search and
duplication and provide for recovery of only the direct costs of
such search and duplication. Documents shall be furnished without
charge or at a reduced charge where the agency determines that
waiver or reduction of the fee is in the public interest because
furnishing the information can be considered as primarily
benefiting the general public."
Subsec. (b)(7). Pub. L. 99-570, Sec. 1802(a), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
"investigatory records compiled for law enforcement purposes, but
only to the extent that the production of such records would (A)
interfere with enforcement proceedings, (B) deprive a person of a
right to a fair trial or an impartial adjudication, (C) constitute
an unwarranted invasion of personal privacy, (D) disclose the
identity of a confidential source and, in the case of a record
compiled by a criminal law enforcement authority in the course of a
criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, confidential
information furnished only by the confidential source, (E) disclose
investigative techniques and procedures, or (F) endanger the life
or physical safety of law enforcement personnel;".
Subsecs. (c) to (f). Pub. L. 99-570, Sec. 1802(b), added subsec.
(c) and redesignated former subsecs. (c) to (e) as (d) to (f),
respectively.
1984 - Subsec. (a)(4)(D). Pub. L. 98-620 repealed subpar. (D)
which provided for precedence on the docket and expeditious
disposition of district court proceedings authorized by subsec.
(a).
1978 - Subsec. (a)(4)(F). Pub. L. 95-454 substituted references
to the Special Counsel for references to the Civil Service
Commission wherever appearing and reference to his findings for
reference to its findings.
1976 - Subsec. (b)(3). Pub. L. 94-409 inserted provision
excluding section 552b of this title from applicability of
exemption from disclosure and provision setting forth conditions
for statute specifically exempting disclosure.
1974 - Subsec. (a)(2). Pub. L. 93-502, Sec. 1(a), substituted
provisions relating to maintenance and availability of current
indexes, for provisions relating to maintenance and availability of
a current index, and inserted provisions relating to publication
and distribution of copies of indexes or supplements thereto.
Subsec. (a)(3). Pub. L. 93-502, Sec. 1(b)(1), substituted
provisions requiring requests to reasonably describe records for
provisions requiring requests, for identifiable records, and struck
out provisions setting forth procedures to enjoin agencies from
withholding the requested records and ordering their production.
Subsec. (a)(4), (5). Pub. L. 93-502, Sec. 1(b)(2), added par. (4)
and redesignated former par. (4) as (5).
Subsec. (a)(6). Pub. L. 93-502, Sec. 1(c), added par. (6).
Subsec. (b)(1). Pub. L. 93-502, Sec. 2(a), designated existing
provisions as cl. (A), substituted "authorized under criteria
established by an" for "required by", and added cl. (B).
Subsec. (b)(7). Pub. L. 93-502, Sec. 2(b), substituted provisions
relating to exemption for investigatory records compiled for law
enforcement purposes, for provisions relating to exemption for
investigatory files compiled for law enforcement purposes.
Subsec. (b), foll. par. (9). Pub. L. 93-502, Sec. 2(c), inserted
provision relating to availability of segregable portion of
records.
Subsecs. (d), (e). Pub. L. 93-502, Sec. 3, added subsecs. (d) and
(e).
1967 - Subsec. (a). Pub. L. 90-23 substituted introductory
statement requiring every agency to make available to the public
certain information for former introductory provision excepting
from disclosure (1) any function of the United States requiring
secrecy in the public interest or (2) any matter relating to
internal management of an agency, covered in subsec. (b)(1) and (2)
of this section.
Subsec. (a)(1). Pub. L. 90-23 incorporated provisions of: former
subsec. (b)(1) in (A), inserting requirement of publication of
names of officers as sources of information and provision for
public to obtain decisions, and striking out publication
requirement for delegations by the agency of final authority;
former subsec. (b)(2), introductory part, in (B); former subsec.
(b)(2), concluding part, in (C), inserting publication requirement
for rules of procedure and descriptions of forms available or the
places at which forms may be obtained; former subsec. (b)(3),
introductory part, in (D), inserting requirement of general
applicability of substantive rules and interpretations, added
clause (E), substituted exemption of any person from failure to
resort to any matter or from being adversely affected by any matter
required to be published in the Federal Register but not so
published for former subsec. (b)(3), concluding part, excepting
from publication rules addressed to and served upon named persons
in accordance with laws and final sentence reading "A person may
not be required to resort to organization or procedure not so
published" and inserted provision deeming matter, which is
reasonably available, as published in the Federal Register when
such matter is incorporated by reference in the Federal Register
with the approval of its Director.
Subsec. (a)(2). Pub. L. 90-23 incorporated provisions of former
subsec. (c), provided for public copying of records, struck out
requirement of agency publication of final opinions or orders and
authority for secrecy and withholding of opinions and orders
required for good cause to be held confidential and not cited as
precedents, latter provision now superseded by subsec. (b) of this
section, designated existing subsec. (c) as clause (A), including
provision for availability of concurring and dissenting opinions,
inserted provisions for availability of policy statements and
interpretations in clause (B) and staff manuals and instructions in
clause (C), deletion of personal identifications from records to
protect personal privacy with written justification therefor, and
provision for indexing and prohibition of use of records not
indexed against any private party without actual and timely notice
of the terms thereof.
Subsec. (a)(3). Pub. L. 90-23 incorporated provisions of former
subsec. (d) and substituted provisions requiring identifiable
agency records to be made available to any person upon request and
compliance with rules as to time, place, and procedure for
inspection, and payment of fees and provisions for Federal district
court proceedings de novo for enforcement by contempt of
noncompliance with court's orders with the burden on the agency and
docket precedence for such proceedings for former provisions
requiring matters of official record to be made available to
persons properly and directly concerned except information held
confidential for good cause shown, the latter provision superseded
by subsec. (b) of this section.
Subsec. (a)(4). Pub. L. 90-23 added par. (4).
Subsec. (b). Pub. L. 90-23 added subsec. (b) which superseded
provisions excepting from disclosure any function of the United
States requiring secrecy in the public interest or any matter
relating to internal management of an agency, formerly contained in
former subsec. (a), final opinions or orders required for good
cause to be held confidential and not cited as precedents, formerly
contained in subsec. (c), and information held confidential for
good cause found, contained in former subsec. (d) of this section.
Subsec. (c). Pub. L. 90-23 added subsec. (c).
CHANGE OF NAME                          
Committee on Governmental Affairs of Senate changed to Committee
on Homeland Security and Governmental Affairs of Senate, effective
Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of
Representatives changed to Committee on Government Reform of House
of Representatives by House Resolution No. 5, One Hundred Sixth
Congress, Jan. 6, 1999.
EFFECTIVE DATE OF 1996 AMENDMENT                 
Section 12 of Pub. L. 104-231 provided that:
"(a) In General. - Except as provided in subsection (b), this Act
[amending this section and enacting provisions set out as notes
below] shall take effect 180 days after the date of the enactment
of this Act [Oct. 2, 1996].
"(b) Provisions Effective on Enactment [sic]. - Sections 7 and 8
[amending this section] shall take effect one year after the date
of the enactment of this Act [Oct. 2, 1996]."
EFFECTIVE DATE OF 1986 AMENDMENT                 
Section 1804 of Pub. L. 99-570 provided that:
"(a) The amendments made by section 1802 [amending this section]
shall be effective on the date of enactment of this Act [Oct. 27,
1986], and shall apply with respect to any requests for records,
whether or not the request was made prior to such date, and shall
apply to any civil action pending on such date.
"(b)(1) The amendments made by section 1803 [amending this
section] shall be effective 180 days after the date of enactment of
this Act [Oct. 27, 1986], except that regulations to implement such
amendments shall be promulgated by such 180th day.
"(2) The amendments made by section 1803 [amending this section]
shall apply with respect to any requests for records, whether or
not the request was made prior to such date, and shall apply to any
civil action pending on such date, except that review charges
applicable to records requested for commercial use shall not be
applied by an agency to requests made before the effective date
specified in paragraph (1) of this subsection or before the agency
has finally issued its regulations."
EFFECTIVE DATE OF 1984 AMENDMENT                 
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
Effective Date note under section 1657 of Title 28, Judiciary and
Judicial Procedure.
EFFECTIVE DATE OF 1978 AMENDMENT                 
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT                 
Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,
1976, see section 6 of Pub. L. 94-409, set out as an Effective Date
note under section 552b of this title.
EFFECTIVE DATE OF 1974 AMENDMENT                 
Section 4 of Pub. L. 93-502 provided that: "The amendments made
by this Act [amending this section] shall take effect on the
ninetieth day beginning after the date of enactment of this Act
[Nov. 21, 1974]."
EFFECTIVE DATE OF 1967 AMENDMENT                 
Section 4 of Pub. L. 90-23 provided that: "This Act [amending
this section] shall be effective July 4, 1967, or on the date of
enactment [June 5, 1967], whichever is later."
SHORT TITLE OF 1996 AMENDMENT                   
Section 1 of Pub. L. 104-231 provided that: "This Act [amending
this section and enacting provisions set out as notes under this
section] may be cited as the 'Electronic Freedom of Information Act
Amendments of 1996'."
SHORT TITLE OF 1986 AMENDMENT                   
Section 1801 of Pub. L. 99-570 provided that: "This subtitle
[subtitle N (Secs. 1801-1804) of title I of Pub. L. 99-570,
amending this section and enacting provisions set out as a note
under this section] may be cited as the 'Freedom of Information
Reform Act of 1986'."
SHORT TITLE                            
This section is popularly known as the "Freedom of Information
Act".
NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE
OPERATIONS
Pub. L. 108-375, div. A, title IX, Sec. 914, Oct. 28, 2004, 118
Stat. 2029, provided that:
"(a) Mandatory Disclosure Requirements Inapplicable. - The
requirements to make information available under section 552 of
title 5, United States Code, shall not apply to land remote sensing
information.
"(b) Land Remote Sensing Information Defined. - In this section,
the term 'land remote sensing information' - 
"(1) means any data that - 
"(A) are collected by land remote sensing; and
"(B) are prohibited from sale to customers other than the
United States Government and United States Government-approved
customers for reasons of national security pursuant to the
terms of an operating license issued pursuant to the Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.); and
"(2) includes any imagery and other product that is derived
from such data and which is prohibited from sale to customers
other than the United States Government and United States
Government-approved customers for reasons of national security
pursuant to the terms of an operating license described in
paragraph (1)(B).
"(c) State or Local Government Disclosures. - Land remote sensing
information provided by the head of a department or agency of the
United States to a State, local, or tribal government may not be
made available to the general public under any State, local, or
tribal law relating to the disclosure of information or records.
"(d) Safeguarding Information. - The head of each department or
agency of the United States having land remote sensing information
within that department or agency or providing such information to a
State, local, or tribal government shall take such actions,
commensurate with the sensitivity of that information, as are
necessary to protect that information from disclosure other than in
accordance with this section and other applicable law.
"(e) Additional Definition. - In this section, the term 'land
remote sensing' has the meaning given such term in section 3 of the
Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
"(f) Disclosure to Congress. - Nothing in this section shall be
construed to authorize the withholding of information from the
appropriate committees of Congress."
DISCLOSURE OF ARSON, EXPLOSIVE, OR FIREARM RECORDS        
Pub. L. 108-7, div. J, title VI, Sec. 644, Feb. 20, 2003, 117
Stat. 473, provided that: "No funds appropriated under this Act or
any other Act with respect to any fiscal year shall be available to
take any action based upon any provision of 5 U.S.C. 552 with
respect to records collected or maintained pursuant to 18 U.S.C.
846(b), 923(g)(3) or 923(g)(7), or provided by Federal, State,
local, or foreign law enforcement agencies in connection with arson
or explosives incidents or the tracing of a firearm, except that
such records may continue to be disclosed to the extent and in the
manner that records so collected, maintained, or obtained have been
disclosed under 5 U.S.C. 552 prior to the date of the enactment of
this Act [Feb. 20, 2003]."
DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT     
Pub. L. 106-567, title VIII, Dec. 27, 2000, 114 Stat. 2864, as
amended by Pub. L. 108-199, div. H, Sec. 163, Jan. 23, 2004, 118
Stat. 452; 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 and the Permanent Select Committee on
Intelligence of the House of Representatives, and the Committee
on the Judiciary and the Select Committee on Intelligence of the
Senate, describing all such records, the disposition of such
records, and the activities of the Interagency Group and agencies
under this section.
"(d) Funding. - There is authorized to be appropriated such sums
as may be necessary to carry out the provisions of this title.
"SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.
"(a) Release of Records. - Subject to subsections (b), (c), and
(d), the Japanese Imperial Government Records Interagency Working
Group shall release in their entirety Japanese Imperial Government
records.
"(b) Exemptions. - An agency head may exempt from release under
subsection (a) specific information, that would - 
"(1) constitute an unwarranted invasion of personal privacy;
"(2) reveal the identity of a confidential human source, or
reveal information about an intelligence source or method when
the unauthorized disclosure of that source or method would damage
the national security interests of the United States;
"(3) reveal information that would assist in the development or
use of weapons of mass destruction;
"(4) reveal information that would impair United States
cryptologic systems or activities;
"(5) reveal information that would impair the application of
state-of-the-art technology within a United States weapon system;
"(6) reveal United States military war plans that remain in
effect;
"(7) reveal information that would impair relations between the
United States and a foreign government, or undermine ongoing
diplomatic activities of the United States;
"(8) reveal information that would impair the current ability
of United States Government officials to protect the President,
Vice President, and other officials for whom protection services
are authorized in the interest of national security;
"(9) reveal information that would impair current national
security emergency preparedness plans; or
"(10) violate a treaty or other international agreement.
"(c) Applications of Exemptions. - 
"(1) In general. - In applying the exemptions provided in
paragraphs (2) through (10) of subsection (b), there shall be a
presumption that the public interest will be served by disclosure
and release of the records of the Japanese Imperial Government.
The exemption may be asserted only when the head of the agency
that maintains the records determines that disclosure and release
would be harmful to a specific interest identified in the
exemption. An agency head who makes such a determination shall
promptly report it to the committees of Congress with appropriate
jurisdiction, including the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate and the Committee
on Government Reform and the Permanent Select Committee on
Intelligence of the House of Representatives.
"(2) Application of title 5. - A determination by an agency
head to apply an exemption provided in paragraphs (2) through (9)
of subsection (b) shall be subject to the same standard of review
that applies in the case of records withheld under section
552(b)(1) of title 5, United States Code.
"(d) Records Related to Investigations or Prosecutions. - This
section shall not apply to records - 
"(1) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of Special
Investigations of the Department of Justice; or
"(2) solely in the possession, custody, or control of the
Office of Special Investigations.
"SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL
GOVERNMENT RECORDS.
"For purposes of expedited processing under section 552(a)(6)(E)
of title 5, United States Code, any person who was persecuted in
the manner described in section 802(a)(3) and who requests a
Japanese Imperial Government record shall be deemed to have a
compelling need for such record.
"SEC. 805. EFFECTIVE DATE.
"The provisions of this title shall take effect on the date that
is 90 days after the date of the enactment of this Act [Dec. 27,
2000]."
NAZI WAR CRIMES DISCLOSURE                    
Pub. L. 105-246, Oct. 8, 1998, 112 Stat. 1859, as amended by Pub.
L. 106-567, Sec. 802(b)(2), Dec. 27, 2000, 114 Stat. 2865, provided
that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Nazi War Crimes Disclosure Act'.
"SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY
WORKING GROUP.
"(a) Definitions. - In this section the term - 
"(1) 'agency' has the meaning given such term under section 551
of title 5, United States Code;
"(2) 'Interagency Group' means the Nazi War Criminal Records
Interagency Working Group [redesignated Nazi War Crimes and
Japanese Imperial Government Records Interagency Working Group,
see section 802(b)(1) of Pub. L. 106-567, set out above]
established under subsection (b);
"(3) 'Nazi war criminal records' has the meaning given such
term under section 3 of this Act; and
"(4) 'record' means a Nazi war criminal record.
"(b) Establishment of Interagency Group. - 
"(1) In general. - Not later than 60 days after the date of
enactment of this Act [Oct. 8, 1998], the President shall
establish the Nazi War Criminal Records Interagency Working
Group, which shall remain in existence for 3 years after the date
the Interagency Group is established.
"(2) Membership. - The President shall appoint to the
Interagency Group individuals whom the President determines will
most completely and effectively carry out the functions of the
Interagency Group within the time limitations provided in this
section, including the Director of the Holocaust Museum, the
Historian of the Department of State, the Archivist of the United
States, the head of any other agency the President considers
appropriate, and no more than 4 other persons who shall be
members of the public, of whom 3 shall be persons appointed under
the provisions of this Act in effect on October 8, 1998..[sic]
The head of an agency appointed by the President may designate an
appropriate officer to serve on the Interagency Group in lieu of
the head of such agency.
"(3) Initial meeting. - Not later than 90 days after the date
of enactment of this Act, the Interagency Group shall hold an
initial meeting and begin the functions required under this
section.
"(c) Functions. - Not later than 1 year after the date of
enactment of this Act [Oct. 8, 1998], the Interagency Group shall,
to the greatest extent possible consistent with section 3 of this
Act - 
"(1) locate, identify, inventory, recommend for
declassification, and make available to the public at the
National Archives and Records Administration, all classified Nazi
war criminal records of the United States;
"(2) coordinate with agencies and take such actions as
necessary to expedite the release of such records to the public;
and
"(3) submit a report to Congress, including the Committee on
the Judiciary of the Senate and the Committee on Government
Reform and Oversight [now Committee on Government Reform] of the
House of Representatives, describing all such records, the
disposition of such records, and the activities of the
Interagency Group and agencies under this section.
"(d) Funding. - There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act.
"SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS
WHO COMMITTED NAZI WAR CRIMES.
"(a) Nazi War Criminal Records. - For purposes of this Act, the
term 'Nazi war criminal records' means classified records or
portions of records that - 
"(1) pertain to any person with respect to whom the United
States Government, in its sole discretion, has grounds to believe
ordered, incited, assisted, or otherwise participated in the
persecution of any person because of race, religion, national
origin, or political opinion, during the period beginning on
March 23, 1933, and ending on May 8, 1945, under the direction
of, or in association with - 
"(A) the Nazi government of Germany;
"(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
"(C) any government established with the assistance or
cooperation of the Nazi government of Germany; or
"(D) any government which was an ally of the Nazi government
of Germany; or
"(2) pertain to any transaction as to which the United States
Government, in its sole discretion, has grounds to believe - 
"(A) involved assets taken from persecuted persons during the
period beginning on March 23, 1933, and ending on May 8, 1945,
by, under the direction of, on behalf of, or under authority
granted by the Nazi government of Germany or any nation then
allied with that government; and
"(B) such transaction was completed without the assent of the
owners of those assets or their heirs or assigns or other
legitimate representatives.
"(b) Release of Records. - 
"(1) In general. - Subject to paragraphs (2), (3), and (4), the
Nazi War Criminal Records Interagency Working Group shall release
in their entirety Nazi war criminal records that are described in
subsection (a).
"(2) Exception for privacy, etc. - An agency head may exempt
from release under paragraph (1) specific information, that would
- 
"(A) constitute a clearly unwarranted invasion of personal
privacy;
"(B) reveal the identity of a confidential human source, or
reveal information about the application of an intelligence
source or method, or reveal the identity of a human
intelligence source when the unauthorized disclosure of that
source would clearly and demonstrably damage the national
security interests of the United States;
"(C) reveal information that would assist in the development
or use of weapons of mass destruction;
"(D) reveal information that would impair United States
cryptologic systems or activities;
"(E) reveal information that would impair the application of
state-of-the-art technology within a United States weapon
system;
"(F) reveal actual United States military war plans that
remain in effect;
"(G) reveal information that would seriously and demonstrably
impair relations between the United States and a foreign
government, or seriously and demonstrably undermine ongoing
diplomatic activities of the United States;
"(H) reveal information that would clearly and demonstrably
impair the current ability of United States Government
officials to protect the President, Vice President, and other
officials for whom protection services, in the interest of
national security, are authorized;
"(I) reveal information that would seriously and demonstrably
impair current national security emergency preparedness plans;
or
"(J) violate a treaty or international agreement.
"(3) Application of exemptions. - 
"(A) In general. - In applying the exemptions listed in
subparagraphs (B) through (J) of paragraph (2), there shall be
a presumption that the public interest in the release of Nazi
war criminal records will be served by disclosure and release
of the records. Assertion of such exemption may only be made
when the agency head determines that disclosure and release
would be harmful to a specific interest identified in the
exemption. An agency head who makes such a determination shall
promptly report it to the committees of Congress with
appropriate jurisdiction, including the Committee on the
Judiciary of the Senate and the Committee on Government Reform
and Oversight [now Committee on Government Reform] of the House
of Representatives. The exemptions set forth in paragraph (2)
shall constitute the only authority pursuant to which an agency
head may exempt records otherwise subject to release under
paragraph (1).
"(B) Application of title 5. - A determination by an agency
head to apply an exemption listed in subparagraphs (B) through
(I) of paragraph (2) shall be subject to the same standard of
review that applies in the case of records withheld under
section 552(b)(1) of title 5, United States Code.
"(4) Limitation on application. - This subsection shall not
apply to records - 
"(A) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of Special
Investigations of the Department of Justice; or
"(B) solely in the possession, custody, or control of that
office.
"(c) Inapplicability of National Security Act of 1947 Exemption. -
Section 701(a) of the National Security Act of 1947 (50 U.S.C.
431[(a)]) shall not apply to any operational file, or any portion
of any operational file, that constitutes a Nazi war criminal
record under section 3 of this Act.
"SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR
CRIMINAL RECORDS.
"(a) Expedited Processing. - For purposes of expedited processing
under section 552(a)(6)(E) of title 5, United States Code, any
requester of a Nazi war criminal record shall be deemed to have a
compelling need for such record.
"(b) Requester. - For purposes of this section, the term
'requester' means any person who was persecuted in the manner
described under section 3(a)(1) of this Act who requests a Nazi war
criminal record.
"SEC. 5. EFFECTIVE DATE.
"This Act and the amendments made by this Act shall take effect
on the date that is 90 days after the date of enactment of this Act
[Oct. 8, 1998]."
CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE; PUBLIC ACCESS TO
INFORMATION IN ELECTRONIC FORMAT
Section 2 of Pub. L. 104-231 provided that:
"(a) Findings. - The Congress finds that - 
"(1) the purpose of section 552 of title 5, United States Code,
popularly known as the Freedom of Information Act, is to require
agencies of the Federal Government to make certain agency
information available for public inspection and copying and to
establish and enable enforcement of the right of any person to
obtain access to the records of such agencies, subject to
statutory exemptions, for any public or private purpose;
"(2) since the enactment of the Freedom of Information Act in
1966, and the amendments enacted in 1974 and 1986, the Freedom of
Information Act has been a valuable means through which any
person can learn how the Federal Government operates;
"(3) the Freedom of Information Act has led to the disclosure
of waste, fraud, abuse, and wrongdoing in the Federal Government;
"(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
"(5) Government agencies increasingly use computers to conduct
agency business and to store publicly valuable agency records and
information; and
"(6) Government agencies should use new technology to enhance
public access to agency records and information.
"(b) Purposes. - The purposes of this Act [see Short Title of
1996 Amendment note above] are to - 
"(1) foster democracy by ensuring public access to agency
records and information;
"(2) improve public access to agency records and information;
"(3) ensure agency compliance with statutory time limits; and
"(4) maximize the usefulness of agency records and information
collected, maintained, used, retained, and disseminated by the
Federal Government."
FREEDOM OF INFORMATION ACT EXEMPTION FOR CERTAIN OPEN SKIES TREATY
DATA
Pub. L. 103-236, title V, Sec. 533, Apr. 30, 1994, 108 Stat. 480,
provided that:
"(a) In General. - Data with respect to a foreign country
collected by sensors during observation flights conducted in
connection with the Treaty on Open Skies, including flights
conducted prior to entry into force of the treaty, shall be exempt
from disclosure under the Freedom of Information Act - 
"(1) if the country has not disclosed the data to the public;
and
"(2) if the country has not, acting through the Open Skies
Consultative Commission or any other diplomatic channel,
authorized the United States to disclose the data to the public.
"(b) Statutory Construction. - This section constitutes a
specific exemption within the meaning of section 552(b)(3) of title
5, United States Code.
"(c) Definitions. - For the purposes of this section - 
"(1) the term 'Freedom of Information Act' means the provisions
of section 552 of title 5, United States Code;
"(2) the term 'Open Skies Consultative Commission' means the
commission established pursuant to Article X of the Treaty on
Open Skies; and
"(3) the term 'Treaty on Open Skies' means the Treaty on Open
Skies, signed at Helsinki on March 24, 1992."
CLASSIFIED NATIONAL SECURITY INFORMATION             
For provisions relating to a response to a request for
information under this section when the fact of its existence or
nonexistence is itself classified or when it was originally
classified by another agency, see Ex. Ord. No. 12958, Sec. 3.7,
Apr. 17, 1995, 60 F.R. 19835, set out as a note under section 435
of Title 50, War and National Defense.
EXECUTIVE ORDER NO. 12174                     
Ex. Ord. No. 12174, Nov. 30, 1979, 44 F.R. 69609, which related
to minimizing Federal paperwork, was revoked by Ex. Ord. No. 12291,
Feb. 17, 1981, 46 F.R. 13193, formerly set out as a note under
section 601 of this title.
EX. ORD. NO. 12600. PREDISCLOSURE NOTIFICATION PROCEDURES FOR
CONFIDENTIAL COMMERCIAL INFORMATION
Ex. Ord. No. 12600, June 23, 1987, 52 F.R. 23781, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States of America, and in order to
provide predisclosure notification procedures under the Freedom of
Information Act [5 U.S.C. 552] concerning confidential commercial
information, and to make existing agency notification provisions
more uniform, it is hereby ordered as follows:
Section 1. The head of each Executive department and agency
subject to the Freedom of Information Act [5 U.S.C. 552] shall, to
the extent permitted by law, establish procedures to notify
submitters of records containing confidential commercial
information as described in section 3 of this Order, when those
records are requested under the Freedom of Information Act [FOIA],
5 U.S.C. 552, as amended, if after reviewing the request, the
responsive records, and any appeal by the requester, the department
or agency determines that it may be required to disclose the
records. Such notice requires that an agency use good-faith efforts
to advise submitters of confidential commercial information of the
procedures established under this Order. Further, where
notification of a voluminous number of submitters is required, such
notification may be accomplished by posting or publishing the
notice in a place reasonably calculated to accomplish notification.
Sec. 2. For purposes of this Order, the following definitions
apply:
(a) "Confidential commercial information" means records provided
to the government by a submitter that arguably contain material
exempt from release under Exemption 4 of the Freedom of Information
Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be
expected to cause substantial competitive harm.
(b) "Submitter" means any person or entity who provides
confidential commercial information to the government. The term
"submitter" includes, but is not limited to, corporations, state
governments, and foreign governments.
Sec. 3. (a) For confidential commercial information submitted
prior to January 1, 1988, the head of each Executive department or
agency shall, to the extent permitted by law, provide a submitter
with notice pursuant to section 1 whenever:
(i) the records are less than 10 years old and the information
has been designated by the submitter as confidential commercial
information; or
(ii) the department or agency has reason to believe that
disclosure of the information could reasonably be expected to cause
substantial competitive harm.
(b) For confidential commercial information submitted on or after
January 1, 1988, the head of each Executive department or agency
shall, to the extent permitted by law, establish procedures to
permit submitters of confidential commercial information to
designate, at the time the information is submitted to the Federal
government or a reasonable time thereafter, any information the
disclosure of which the submitter claims could reasonably be
expected to cause substantial competitive harm. Such agency
procedures may provide for the expiration, after a specified period
of time or changes in circumstances, of designations of competitive
harm made by submitters. Additionally, such procedures may permit
the agency to designate specific classes of information that will
be treated by the agency as if the information had been so
designated by the submitter. The head of each Executive department
or agency shall, to the extent permitted by law, provide the
submitter notice in accordance with section 1 of this Order
whenever the department or agency determines that it may be
required to disclose records:
(i) designated pursuant to this subsection; or
(ii) the disclosure of which the department or agency has reason
to believe could reasonably be expected to cause substantial
competitive harm.
Sec. 4. When notification is made pursuant to section 1, each
agency's procedures shall, to the extent permitted by law, afford
the submitter a reasonable period of time in which the submitter or
its designee may object to the disclosure of any specified portion
of the information and to state all grounds upon which disclosure
is opposed.
Sec. 5. Each agency shall give careful consideration to all such
specified grounds for nondisclosure prior to making an
administrative determination of the issue. In all instances when
the agency determines to disclose the requested records, its
procedures shall provide that the agency give the submitter a
written statement briefly explaining why the submitter's objections
are not sustained. Such statement shall, to the extent permitted by
law, be provided a reasonable number of days prior to a specified
disclosure date.
Sec. 6. Whenever a FOIA requester brings suit seeking to compel
disclosure of confidential commercial information, each agency's
procedures shall require that the submitter be promptly notified.
Sec. 7. The designation and notification procedures required by
this Order shall be established by regulations, after notice and
public comment. If similar procedures or regulations already exist,
they should be reviewed for conformity and revised where necessary.
Existing procedures or regulations need not be modified if they are
in compliance with this Order.
Sec. 8. The notice requirements of this Order need not be
followed if:
(a) The agency determines that the information should not be
disclosed;
(b) The information has been published or has been officially
made available to the public;
(c) Disclosure of the information is required by law (other than
5 U.S.C. 552);
(d) The disclosure is required by an agency rule that (1) was
adopted pursuant to notice and public comment, (2) specifies narrow
classes of records submitted to the agency that are to be released
under the Freedom of Information Act [5 U.S.C. 552], and (3)
provides in exceptional circumstances for notice when the submitter
provides written justification, at the time the information is
submitted or a reasonable time thereafter, that disclosure of the
information could reasonably be expected to cause substantial
competitive harm;
(e) The information requested is not designated by the submitter
as exempt from disclosure in accordance with agency regulations
promulgated pursuant to section 7, when the submitter had an
opportunity to do so at the time of submission of the information
or a reasonable time thereafter, unless the agency has substantial
reason to believe that disclosure of the information would result
in competitive harm; or
(f) The designation made by the submitter in accordance with
agency regulations promulgated pursuant to section 7 appears
obviously frivolous; except that, in such case, the agency must
provide the submitter with written notice of any final
administrative disclosure determination within a reasonable number
of days prior to the specified disclosure date.
Sec. 9. Whenever an agency notifies a submitter that it may be
required to disclose information pursuant to section 1 of this
Order, the agency shall also notify the requester that notice and
an opportunity to comment are being provided the submitter.
Whenever an agency notifies a submitter of a final decision
pursuant to section 5 of this Order, the agency shall also notify
the requester.
Sec. 10. This Order is intended only to improve the internal
management of the Federal government, and is not intended to create
any right or benefit, substantive or procedural, enforceable at law
by a party against the United States, its agencies, its officers,
or any person.
Ronald Reagan.
EX. ORD. NO. 13110. NAZI WAR CRIMES AND JAPANESE IMPERIAL
GOVERNMENT RECORDS INTERAGENCY WORKING GROUP
Ex. Ord. No. 13110, Jan. 11, 1999, 64 F.R. 2419, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the Nazi
War Crimes Disclosure Act (Public Law 105-246) (the "Act") [5
U.S.C. 552 note], it is hereby ordered as follows:
Section 1. Establishment of Working Group. There is hereby
established the Nazi War Criminal Records Interagency Working Group
[now Nazi War Crimes and Japanese Imperial Government Records
Interagency Working Group] (Working Group). The function of the
Group shall be to locate, inventory, recommend for
declassification, and make available to the public at the National
Archives and Records Administration all classified Nazi war
criminal records of the United States, subject to certain
designated exceptions as provided in the Act. The Working Group
shall coordinate with agencies and take such actions as necessary
to expedite the release of such records to the public.
Sec. 2. Schedule. The Working Group should complete its work to
the greatest extent possible and report to the Congress within 1
year.
Sec. 3. Membership. (a) The Working Group shall be composed of
the following members:
(1) Archivist of the United States (who shall serve as Chair of
the Working Group);
(2) Secretary of Defense;
(3) Attorney General;
(4) Director of Central Intelligence;
(5) Director of the Federal Bureau of Investigation;
(6) Director of the United States Holocaust Memorial Museum;
(7) Historian of the Department of State; and
(8) Three other persons appointed by the President.
(b) The Senior Director for Records and Access Management of the
National Security Council will serve as the liaison to and attend
the meetings of the Working Group. Members of the Working Group who
are full-time Federal officials may serve on the Working Group
through designees.
Sec. 4. Administration. (a) To the extent permitted by law and
subject to the availability of appropriations, the National
Archives and Records Administration shall provide the Working Group
with funding, administrative services, facilities, staff, and other
support services necessary for the performance of the functions of
the Working Group.
(b) The Working Group shall terminate 3 years from the date of
this Executive order.
William J. Clinton.
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.