§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 100

robust regulatory action to address national priorities. and determined, including the nature and re-
This order revokes harmful policies and directives that quirements of all formal and informal proce-
threaten to frustrate the Federal Government’s ability dures available;
to confront these problems, and empowers agencies to
(C) rules of procedure, descriptions of forms
use appropriate regulatory tools to achieve these goals.
SEC. 2. Revocation of Orders. Executive Order 13771 of available or the places at which forms may be
January 30, 2017 (Reducing Regulation and Controlling obtained, and instructions as to the scope and
Regulatory Costs) [former 5 U.S.C. 601 note], Executive contents of all papers, reports, or examina-
Order 13777 of February 24, 2017 (Enforcing the Regu- tions;
latory Reform Agenda) [former 5 U.S.C. 601 note], Exec- (D) substantive rules of general applicability
utive Order 13875 of June 14, 2019 (Evaluating and Im- adopted as authorized by law, and statements
proving the Utility of Federal Advisory Committees) of general policy or interpretations of general
[former 5 U.S.C. App. note], Executive Order 13891 of applicability formulated and adopted by the
October 9, 2019 (Promoting the Rule of Law Through
Improved Agency Guidance Documents) [former 5
agency; and
U.S.C. 601 note], Executive Order 13892 of October 9, 2019 (E) each amendment, revision, or repeal of
(Promoting the Rule of Law Through Transparency and the foregoing.
Fairness in Civil Administrative Enforcement and Ad- Except to the extent that a person has actual
judication) [formerly set out above], and Executive and timely notice of the terms thereof, a person
Order 13893 of October 10, 2019 (Increasing Government
Accountability for Administrative Actions by Reinvig-
may not in any manner be required to resort to,
orating Administrative PAYGO) [former 5 U.S.C. 601 or be adversely affected by, a matter required to
note], are hereby revoked. be published in the Federal Register and not so
SEC. 3. Implementation. The Director of the Office of published. For the purpose of this paragraph,
Management and Budget and the heads of agencies matter reasonably available to the class of per-
shall promptly take steps to rescind any orders, rules, sons affected thereby is deemed published in the
regulations, guidelines, or policies, or portions thereof, Federal Register when incorporated by reference
implementing or enforcing the Executive Orders identi- therein with the approval of the Director of the
fied in section 2 of this order, as appropriate and con-
sistent with applicable law, including the Administra-
Federal Register.
tive Procedure Act, 5 U.S.C. 551 et seq. If in any case (2) Each agency, in accordance with published
such rescission cannot be finalized immediately, the rules, shall make available for public inspection
Director and the heads of agencies shall promptly take in an electronic format—
steps to provide all available exemptions authorized by (A) final opinions, including concurring and
any such orders, rules, regulations, guidelines, or poli- dissenting opinions, as well as orders, made in
cies, as appropriate and consistent with applicable law. the adjudication of cases;
In addition, any personnel positions, committees, task (B) those statements of policy and interpre-
forces, or other entities established pursuant to the Ex- tations which have been adopted by the agen-
ecutive Orders identified in section 2 of this order, in-
cy and are not published in the Federal Reg-
cluding the regulatory reform officer positions and reg-
ulatory reform task forces established by sections 2 and ister;
3 of Executive Order 13777 [former 5 U.S.C. 601 note], (C) administrative staff manuals and in-
shall be abolished, as appropriate and consistent with structions to staff that affect a member of the
applicable law. public;
SEC. 4. General Provisions. (a) Nothing in this order (D) copies of all records, regardless of form
shall be construed to impair or otherwise affect: or format—
(i) the authority granted by law to an executive de- (i) that have been released to any person
partment or agency, or the head thereof; or under paragraph (3); and
(ii) the functions of the Director of the Office of Man- (ii)(I) that because of the nature of their
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
subject matter, the agency determines have
(b) This order shall be implemented in a manner con- become or are likely to become the subject
sistent with applicable law and subject to the avail- of subsequent requests for substantially the
ability of appropriations. same records; or
(c) This order is not intended to, and does not, create (II) that have been requested 3 or more
any right or benefit, substantive or procedural, enforce- times; and
able at law or in equity by any party against the
United States, its departments, agencies, or entities, (E) a general index of the records referred to
its officers, employees, or agents, or any other person. under subparagraph (D);
J.R. BIDEN, JR. unless the materials are promptly published and
copies offered for sale. For records created on or
§ 552. Public information; agency rules, opinions,
after November 1, 1996, within one year after
orders, records, and proceedings
such date, each agency shall make such records
(a) Each agency shall make available to the available, including by computer telecommuni-
public information as follows: cations or, if computer telecommunications
(1) Each agency shall separately state and cur- means have not been established by the agency,
rently publish in the Federal Register for the by other electronic means. To the extent re-
guidance of the public— quired to prevent a clearly unwarranted inva-
(A) descriptions of its central and field orga- sion of personal privacy, an agency may delete
nization and the established places at which, identifying details when it makes available or
the employees (and in the case of a uniformed publishes an opinion, statement of policy, inter-
service, the members) from whom, and the pretation, staff manual, instruction, or copies of
methods whereby, the public may obtain infor- records referred to in subparagraph (D). How-
mation, make submittals or requests, or ob- ever, in each case the justification for the dele-
tain decisions; tion shall be explained fully in writing, and the
(B) statements of the general course and extent of such deletion shall be indicated on the
method by which its functions are channeled portion of the record which is made available or
Page 101 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

published, unless including that indication the United States, or any subdivision thereof;
would harm an interest protected by the exemp- or
tion in subsection (b) under which the deletion (ii) a representative of a government entity
is made. If technically feasible, the extent of the described in clause (i).
deletion shall be indicated at the place in the
(4)(A)(i) In order to carry out the provisions of
record where the deletion was made. Each agen-
this section, each agency shall promulgate regu-
cy shall also maintain and make available for
lations, pursuant to notice and receipt of public
public inspection in an electronic format cur-
comment, specifying the schedule of fees appli-
rent indexes providing identifying information
for the public as to any matter issued, adopted, cable to the processing of requests under this
or promulgated after July 4, 1967, and required section and establishing procedures and guide-
by this paragraph to be made available or pub- lines for determining when such fees should be
lished. Each agency shall promptly publish, waived or reduced. Such schedule shall conform
quarterly or more frequently, and distribute (by to the guidelines which shall be promulgated,
sale or otherwise) copies of each index or supple- pursuant to notice and receipt of public com-
ments thereto unless it determines by order ment, by the Director of the Office of Manage-
published in the Federal Register that the publi- ment and Budget and which shall provide for a
cation would be unnecessary and impracticable, uniform schedule of fees for all agencies.
in which case the agency shall nonetheless pro- (ii) Such agency regulations shall provide
vide copies of such index on request at a cost not that—
to exceed the direct cost of duplication. Each (I) fees shall be limited to reasonable stand-
agency shall make the index referred to in sub- ard charges for document search, duplication,
paragraph (E) available by computer tele- and review, when records are requested for
communications by December 31, 1999. A final commercial use;
order, opinion, statement of policy, interpreta- (II) fees shall be limited to reasonable stand-
tion, or staff manual or instruction that affects ard charges for document duplication when
a member of the public may be relied on, used, records are not sought for commercial use and
or cited as precedent by an agency against a the request is made by an educational or non-
party other than an agency only if— commercial scientific institution, whose pur-
(i) it has been indexed and either made avail- pose is scholarly or scientific research; or a
able or published as provided by this para- representative of the news media; and
graph; or (III) for any request not described in (I) or
(ii) the party has actual and timely notice of (II), fees shall be limited to reasonable stand-
the terms thereof. ard charges for document search and duplica-
(3)(A) Except with respect to the records made tion.
available under paragraphs (1) and (2) of this In this clause, the term ‘‘a representative of the
subsection, and except as provided in subpara- news media’’ means any person or entity that
graph (E), each agency, upon any request for gathers information of potential interest to a
records which (i) reasonably describes such segment of the public, uses its editorial skills to
records and (ii) is made in accordance with pub- turn the raw materials into a distinct work, and
lished rules stating the time, place, fees (if any), distributes that work to an audience. In this
and procedures to be followed, shall make the clause, the term ‘‘news’’ means information that
records promptly available to any person. is about current events or that would be of cur-
(B) In making any record available to a person rent interest to the public. Examples of news-
under this paragraph, an agency shall provide media entities are television or radio stations
the record in any form or format requested by broadcasting to the public at large and pub-
the person if the record is readily reproducible lishers of periodicals (but only if such entities
by the agency in that form or format. Each
qualify as disseminators of ‘‘news’’) who make
agency shall make reasonable efforts to main-
their products available for purchase by or sub-
tain its records in forms or formats that are re-
scription by or free distribution to the general
producible for purposes of this section.
(C) In responding under this paragraph to a re- public. These examples are not all-inclusive.
quest for records, an agency shall make reason- Moreover, as methods of news delivery evolve
able efforts to search for the records in elec- (for example, the adoption of the electronic dis-
tronic form or format, except when such efforts semination of newspapers through telecommuni-
would significantly interfere with the operation cations services), such alternative media shall
of the agency’s automated information system. be considered to be news-media entities. A free-
(D) For purposes of this paragraph, the term lance journalist shall be regarded as working for
‘‘search’’ means to review, manually or by auto- a news-media entity if the journalist can dem-
mated means, agency records for the purpose of onstrate a solid basis for expecting publication
locating those records which are responsive to a through that entity, whether or not the jour-
request. nalist is actually employed by the entity. A pub-
(E) An agency, or part of an agency, that is an lication contract would present a solid basis for
element of the intelligence community (as that such an expectation; the Government may also
term is defined in section 3(4) of the National consider the past publication record of the re-
Security Act of 1947 (50 U.S.C. 401a(4))) 1 shall quester in making such a determination.
not make any record available under this para- (iii) Documents shall be furnished without any
graph to— charge or at a charge reduced below the fees es-
(i) any government entity, other than a tablished under clause (ii) if disclosure of the in-
State, territory, commonwealth, or district of formation is in the public interest because it is
likely to contribute significantly to public un-
1 See References in Text note below. derstanding of the operations or activities of the
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 102

government and is not primarily in the commer- clause (I) shall be excused for the length of time
cial interest of the requester. provided by the court order.
(iv) Fee schedules shall provide for the recov- (B) On complaint, the district court of the
ery of only the direct costs of search, duplica- United States in the district in which the com-
tion, or review. Review costs shall include only plainant resides, or has his principal place of
the direct costs incurred during the initial ex- business, or in which the agency records are sit-
amination of a document for the purposes of de- uated, or in the District of Columbia, has juris-
termining whether the documents must be dis- diction to enjoin the agency from withholding
closed under this section and for the purposes of agency records and to order the production of
withholding any portions exempt from disclo- any agency records improperly withheld from
sure under this section. Review costs may not the complainant. In such a case the court shall
include any costs incurred in resolving issues of determine the matter de novo, and may examine
law or policy that may be raised in the course of the contents of such agency records in camera
processing a request under this section. No fee to determine whether such records or any part
may be charged by any agency under this sec- thereof shall be withheld under any of the ex-
tion— emptions set forth in subsection (b) of this sec-
(I) if the costs of routine collection and proc- tion, and the burden is on the agency to sustain
essing of the fee are likely to equal or exceed its action. In addition to any other matters to
the amount of the fee; or which a court accords substantial weight, a
(II) for any request described in clause (ii) court shall accord substantial weight to an affi-
(II) or (III) of this subparagraph for the first davit of an agency concerning the agency’s de-
two hours of search time or for the first one termination as to technical feasibility under
hundred pages of duplication. paragraph (2)(C) and subsection (b) and repro-
ducibility under paragraph (3)(B).
(v) No agency may require advance payment of (C) Notwithstanding any other provision of
any fee unless the requester has previously law, the defendant shall serve an answer or oth-
failed to pay fees in a timely fashion, or the erwise plead to any complaint made under this
agency has determined that the fee will exceed subsection within thirty days after service upon
$250. the defendant of the pleading in which such
(vi) Nothing in this subparagraph shall super- complaint is made, unless the court otherwise
sede fees chargeable under a statute specifically directs for good cause shown.
providing for setting the level of fees for par- [(D) Repealed. Pub. L. 98–620, title IV, § 402(2),
ticular types of records. Nov. 8, 1984, 98 Stat. 3357.]
(vii) In any action by a requester regarding (E)(i) The court may assess against the United
the waiver of fees under this section, the court States reasonable attorney fees and other litiga-
shall determine the matter de novo: Provided, tion costs reasonably incurred in any case under
That the court’s review of the matter shall be this section in which the complainant has sub-
limited to the record before the agency. stantially prevailed.
(viii)(I) Except as provided in subclause (II), an (ii) For purposes of this subparagraph, a com-
agency shall not assess any search fees (or in the plainant has substantially prevailed if the com-
case of a requester described under clause (ii)(II) plainant has obtained relief through either—
of this subparagraph, duplication fees) under (I) a judicial order, or an enforceable written
this subparagraph if the agency has failed to agreement or consent decree; or
comply with any time limit under paragraph (6). (II) a voluntary or unilateral change in posi-
(II)(aa) If an agency has determined that un- tion by the agency, if the complainant’s claim
usual circumstances apply (as the term is de- is not insubstantial.
fined in paragraph (6)(B)) and the agency pro- (F)(i) Whenever the court orders the produc-
vided a timely written notice to the requester in tion of any agency records improperly withheld
accordance with paragraph (6)(B), a failure de- from the complainant and assesses against the
scribed in subclause (I) is excused for an addi- United States reasonable attorney fees and
tional 10 days. If the agency fails to comply with other litigation costs, and the court addition-
the extended time limit, the agency may not as- ally issues a written finding that the cir-
sess any search fees (or in the case of a requester cumstances surrounding the withholding raise
described under clause (ii)(II) of this subpara- questions whether agency personnel acted arbi-
graph, duplication fees). trarily or capriciously with respect to the with-
(bb) If an agency has determined that unusual holding, the Special Counsel shall promptly ini-
circumstances apply and more than 5,000 pages tiate a proceeding to determine whether dis-
are necessary to respond to the request, an agen- ciplinary action is warranted against the officer
cy may charge search fees (or in the case of a re- or employee who was primarily responsible for
quester described under clause (ii)(II) of this the withholding. The Special Counsel, after in-
subparagraph, duplication fees) if the agency vestigation and consideration of the evidence
has provided a timely written notice to the re- submitted, shall submit his findings and rec-
quester in accordance with paragraph (6)(B) and ommendations to the administrative authority
the agency has discussed with the requester via of the agency concerned and shall send copies of
written mail, electronic mail, or telephone (or the findings and recommendations to the officer
made not less than 3 good-faith attempts to do or employee or his representative. The adminis-
so) how the requester could effectively limit the trative authority shall take the corrective ac-
scope of the request in accordance with para- tion that the Special Counsel recommends.
graph (6)(B)(ii). (ii) The Attorney General shall—
(cc) If a court has determined that exceptional (I) notify the Special Counsel of each civil
circumstances exist (as that term is defined in action described under the first sentence of
paragraph (6)(C)), a failure described in sub- clause (i); and
Page 103 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

(II) annually submit a report to Congress on either clause (i) or clause (ii) of subparagraph
the number of such civil actions in the pre- (A) may be extended by written notice to the
ceding year. person making such request setting forth the
(iii) The Special Counsel shall annually sub- unusual circumstances for such extension and
mit a report to Congress on the actions taken by the date on which a determination is expected
the Special Counsel under clause (i). to be dispatched. No such notice shall specify a
(G) In the event of noncompliance with the date that would result in an extension for more
order of the court, the district court may punish than ten working days, except as provided in
for contempt the responsible employee, and in clause (ii) of this subparagraph.
the case of a uniformed service, the responsible (ii) With respect to a request for which a writ-
member. ten notice under clause (i) extends the time lim-
(5) Each agency having more than one member its prescribed under clause (i) of subparagraph
shall maintain and make available for public in- (A), the agency shall notify the person making
spection a record of the final votes of each mem- the request if the request cannot be processed
ber in every agency proceeding. within the time limit specified in that clause
(6)(A) Each agency, upon any request for and shall provide the person an opportunity to
records made under paragraph (1), (2), or (3) of limit the scope of the request so that it may be
this subsection, shall— processed within that time limit or an oppor-
(i) determine within 20 days (excepting Sat- tunity to arrange with the agency an alter-
urdays, Sundays, and legal public holidays) native time frame for processing the request or
after the receipt of any such request whether a modified request. To aid the requester, each
to comply with such request and shall imme- agency shall make available its FOIA Public Li-
diately notify the person making such request aison, who shall assist in the resolution of any
of— disputes between the requester and the agency,
(I) such determination and the reasons and notify the requester of the right of the re-
therefor; quester to seek dispute resolution services from
(II) the right of such person to seek assist- the Office of Government Information Services.
ance from the FOIA Public Liaison of the Refusal by the person to reasonably modify the
agency; and request or arrange such an alternative time
(III) in the case of an adverse determina- frame shall be considered as a factor in deter-
tion— mining whether exceptional circumstances exist
(aa) the right of such person to appeal to
for purposes of subparagraph (C).
the head of the agency, within a period de- (iii) As used in this subparagraph, ‘‘unusual
termined by the head of the agency that is circumstances’’ means, but only to the extent
not less than 90 days after the date of such
reasonably necessary to the proper processing of
adverse determination; and
(bb) the right of such person to seek dis- the particular requests—
(I) the need to search for and collect the re-
pute resolution services from the FOIA
quested records from field facilities or other
Public Liaison of the agency or the Office
establishments that are separate from the of-
of Government Information Services; and
fice processing the request;
(ii) make a determination with respect to (II) the need to search for, collect, and ap-
any appeal within twenty days (excepting Sat- propriately examine a voluminous amount of
urdays, Sundays, and legal public holidays) separate and distinct records which are de-
after the receipt of such appeal. If on appeal manded in a single request; or
the denial of the request for records is in (III) the need for consultation, which shall
whole or in part upheld, the agency shall no- be conducted with all practicable speed, with
tify the person making such request of the another agency having a substantial interest
provisions for judicial review of that deter- in the determination of the request or among
mination under paragraph (4) of this sub- two or more components of the agency having
section. substantial subject-matter interest therein.
The 20-day period under clause (i) shall com- (iv) Each agency may promulgate regulations,
mence on the date on which the request is first pursuant to notice and receipt of public com-
received by the appropriate component of the ment, providing for the aggregation of certain
agency, but in any event not later than ten days requests by the same requestor, or by a group of
after the request is first received by any compo- requestors acting in concert, if the agency rea-
nent of the agency that is designated in the sonably believes that such requests actually
agency’s regulations under this section to re- constitute a single request, which would other-
ceive requests under this section. The 20-day pe- wise satisfy the unusual circumstances specified
riod shall not be tolled by the agency except— in this subparagraph, and the requests involve
(I) that the agency may make one request to clearly related matters. Multiple requests in-
the requester for information and toll the 20- volving unrelated matters shall not be aggre-
day period while it is awaiting such informa- gated.
tion that it has reasonably requested from the (C)(i) Any person making a request to any
requester under this section; or agency for records under paragraph (1), (2), or (3)
(II) if necessary to clarify with the requester of this subsection shall be deemed to have ex-
issues regarding fee assessment. In either case, hausted his administrative remedies with re-
the agency’s receipt of the requester’s re- spect to such request if the agency fails to com-
sponse to the agency’s request for information ply with the applicable time limit provisions of
or clarification ends the tolling period. this paragraph. If the Government can show ex-
(B)(i) In unusual circumstances as specified in ceptional circumstances exist and that the agen-
this subparagraph, the time limits prescribed in cy is exercising due diligence in responding to
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 104

the request, the court may retain jurisdiction of expedited processing of a request for records
and allow the agency additional time to com- after the agency has provided a complete re-
plete its review of the records. Upon any deter- sponse to the request.
mination by an agency to comply with a request (v) For purposes of this subparagraph, the
for records, the records shall be made promptly term ‘‘compelling need’’ means—
available to such person making such request. (I) that a failure to obtain requested records
Any notification of denial of any request for on an expedited basis under this paragraph
records under this subsection shall set forth the could reasonably be expected to pose an immi-
names and titles or positions of each person re- nent threat to the life or physical safety of an
sponsible for the denial of such request. individual; or
(ii) For purposes of this subparagraph, the (II) with respect to a request made by a per-
term ‘‘exceptional circumstances’’ does not in- son primarily engaged in disseminating infor-
clude a delay that results from a predictable mation, urgency to inform the public con-
agency workload of requests under this section, cerning actual or alleged Federal Government
unless the agency demonstrates reasonable activity.
progress in reducing its backlog of pending re- (vi) A demonstration of a compelling need by
quests. a person making a request for expedited proc-
(iii) Refusal by a person to reasonably modify
essing shall be made by a statement certified by
the scope of a request or arrange an alternative
such person to be true and correct to the best of
time frame for processing a request (or a modi-
such person’s knowledge and belief.
fied request) under clause (ii) after being given
(F) In denying a request for records, in whole
an opportunity to do so by the agency to whom
or in part, an agency shall make a reasonable ef-
the person made the request shall be considered
fort to estimate the volume of any requested
as a factor in determining whether exceptional
matter the provision of which is denied, and
circumstances exist for purposes of this subpara-
shall provide any such estimate to the person
graph.
(D)(i) Each agency may promulgate regula- making the request, unless providing such esti-
tions, pursuant to notice and receipt of public mate would harm an interest protected by the
comment, providing for multitrack processing of exemption in subsection (b) pursuant to which
requests for records based on the amount of the denial is made.
(7) Each agency shall—
work or time (or both) involved in processing re- (A) establish a system to assign an individ-
quests. ualized tracking number for each request re-
(ii) Regulations under this subparagraph may
ceived that will take longer than ten days to
provide a person making a request that does not
process and provide to each person making a
qualify for the fastest multitrack processing an
request the tracking number assigned to the
opportunity to limit the scope of the request in
request; and
order to qualify for faster processing.
(B) establish a telephone line or Internet
(iii) This subparagraph shall not be considered
service that provides information about the
to affect the requirement under subparagraph
status of a request to the person making the
(C) to exercise due diligence.
(E)(i) Each agency shall promulgate regula- request using the assigned tracking number,
tions, pursuant to notice and receipt of public including—
comment, providing for expedited processing of (i) the date on which the agency originally
requests for records— received the request; and
(I) in cases in which the person requesting (ii) an estimated date on which the agency
the records demonstrates a compelling need; will complete action on the request.
and (8)(A) An agency shall—
(II) in other cases determined by the agency. (i) withhold information under this section
(ii) Notwithstanding clause (i), regulations only if—
under this subparagraph must ensure— (I) the agency reasonably foresees that dis-
(I) that a determination of whether to pro- closure would harm an interest protected by
vide expedited processing shall be made, and an exemption described in subsection (b); or
notice of the determination shall be provided (II) disclosure is prohibited by law; and
to the person making the request, within 10 (ii)(I) consider whether partial disclosure of
days after the date of the request; and information is possible whenever the agency
(II) expeditious consideration of administra- determines that a full disclosure of a re-
tive appeals of such determinations of whether quested record is not possible; and
to provide expedited processing. (II) take reasonable steps necessary to seg-
(iii) An agency shall process as soon as prac- regate and release nonexempt information;
ticable any request for records to which the and
agency has granted expedited processing under (B) Nothing in this paragraph requires disclo-
this subparagraph. Agency action to deny or af- sure of information that is otherwise prohibited
firm denial of a request for expedited processing from disclosure by law, or otherwise exempted
pursuant to this subparagraph, and failure by an from disclosure under subsection (b)(3).
agency to respond in a timely manner to such a (b) This section does not apply to matters that
request shall be subject to judicial review under are—
paragraph (4), except that the judicial review (1)(A) specifically authorized under criteria
shall be based on the record before the agency at established by an Executive order to be kept
the time of the determination. secret in the interest of national defense or
(iv) A district court of the United States shall foreign policy and (B) are in fact properly clas-
not have jurisdiction to review an agency denial sified pursuant to such Executive order;
Page 105 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

(2) related solely to the internal personnel ing that indication would harm an interest pro-
rules and practices of an agency; tected by the exemption in this subsection
(3) specifically exempted from disclosure by under which the deletion is made. If technically
statute (other than section 552b of this title), feasible, the amount of the information deleted,
if that statute— and the exemption under which the deletion is
(A)(i) requires that the matters be with- made, shall be indicated at the place in the
held from the public in such a manner as to record where such deletion is made.
leave no discretion on the issue; or (c)(1) Whenever a request is made which in-
(ii) establishes particular criteria for with- volves access to records described in subsection
holding or refers to particular types of mat- (b)(7)(A) and—
ters to be withheld; and (A) the investigation or proceeding involves
(B) if enacted after the date of enactment a possible violation of criminal law; and
of the OPEN FOIA Act of 2009, specifically (B) there is reason to believe that (i) the
cites to this paragraph. subject of the investigation or proceeding is
not aware of its pendency, and (ii) disclosure
(4) trade secrets and commercial or financial of the existence of the records could reason-
information obtained from a person and privi- ably be expected to interfere with enforcement
leged or confidential; proceedings,
(5) inter-agency or intra-agency memoran-
the agency may, during only such time as that
dums or letters that would not be available by
circumstance continues, treat the records as not
law to a party other than an agency in litiga-
subject to the requirements of this section.
tion with the agency, provided that the delib- (2) Whenever informant records maintained by
erative process privilege shall not apply to a criminal law enforcement agency under an in-
records created 25 years or more before the formant’s name or personal identifier are re-
date on which the records were requested; quested by a third party according to the in-
(6) personnel and medical files and similar formant’s name or personal identifier, the agen-
files the disclosure of which would constitute cy may treat the records as not subject to the
a clearly unwarranted invasion of personal requirements of this section unless the inform-
privacy; ant’s status as an informant has been officially
(7) records or information compiled for law confirmed.
enforcement purposes, but only to the extent (3) Whenever a request is made which involves
that the production of such law enforcement access to records maintained by the Federal Bu-
records or information (A) could reasonably be reau of Investigation pertaining to foreign intel-
expected to interfere with enforcement pro- ligence or counterintelligence, or international
ceedings, (B) would deprive a person of a right terrorism, and the existence of the records is
to a fair trial or an impartial adjudication, (C) classified information as provided in subsection
could reasonably be expected to constitute an (b)(1), the Bureau may, as long as the existence
unwarranted invasion of personal privacy, (D) of the records remains classified information,
could reasonably be expected to disclose the treat the records as not subject to the require-
identity of a confidential source, including a ments of this section.
State, local, or foreign agency or authority or (d) This section does not authorize with-
any private institution which furnished infor- holding of information or limit the availability
mation on a confidential basis, and, in the of records to the public, except as specifically
case of a record or information compiled by stated in this section. This section is not au-
criminal law enforcement authority in the thority to withhold information from Congress.
course of a criminal investigation or by an (e)(1) On or before February 1 of each year,
agency conducting a lawful national security each agency shall submit to the Attorney Gen-
intelligence investigation, information fur- eral of the United States and to the Director of
nished by a confidential source, (E) would dis- the Office of Government Information Services a
close techniques and procedures for law en- report which shall cover the preceding fiscal
forcement investigations or prosecutions, or year and which shall include—
would disclose guidelines for law enforcement (A) the number of determinations made by
investigations or prosecutions if such disclo- the agency not to comply with requests for
sure could reasonably be expected to risk cir- records made to such agency under subsection
cumvention of the law, or (F) could reasonably (a) and the reasons for each such determina-
be expected to endanger the life or physical tion;
safety of any individual; (B)(i) the number of appeals made by persons
(8) contained in or related to examination, under subsection (a)(6), the result of such ap-
operating, or condition reports prepared by, on peals, and the reason for the action upon each
behalf of, or for the use of an agency respon- appeal that results in a denial of information;
sible for the regulation or supervision of finan- and
cial institutions; or (ii) a complete list of all statutes that the
(9) geological and geophysical information agency relies upon to authorize the agency to
and data, including maps, concerning wells. withhold information under subsection (b)(3),
the number of occasions on which each statute
Any reasonably segregable portion of a record was relied upon, a description of whether a
shall be provided to any person requesting such court has upheld the decision of the agency to
record after deletion of the portions which are withhold information under each such statute,
exempt under this subsection. The amount of in- and a concise description of the scope of any
formation deleted, and the exemption under information withheld;
which the deletion is made, shall be indicated on (C) the number of requests for records pend-
the released portion of the record, unless includ- ing before the agency as of September 30 of the
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 106

preceding year, and the median and average median number of days for adjudicating fee
number of days that such requests had been waiver determinations;
pending before the agency as of that date; (N) the total amount of fees collected by the
(D) the number of requests for records re- agency for processing requests;
ceived by the agency and the number of re- (O) the number of full-time staff of the agen-
quests which the agency processed; cy devoted to processing requests for records
(E) the median number of days taken by the under this section, and the total amount ex-
agency to process different types of requests, pended by the agency for processing such re-
based on the date on which the requests were quests;
received by the agency; (P) the number of times the agency denied a
(F) the average number of days for the agen- request for records under subsection (c); and
cy to respond to a request beginning on the (Q) the number of records that were made
date on which the request was received by the available for public inspection in an electronic
agency, the median number of days for the format under subsection (a)(2).
agency to respond to such requests, and the
(2) Information in each report submitted under
range in number of days for the agency to re-
paragraph (1) shall be expressed in terms of each
spond to such requests;
(G) based on the number of business days principal component of the agency and for the
that have elapsed since each request was origi- agency overall.
nally received by the agency— (3) Each agency shall make each such report
(i) the number of requests for records to available for public inspection in an electronic
which the agency has responded with a de- format. In addition, each agency shall make the
termination within a period up to and in- raw statistical data used in each report avail-
cluding 20 days, and in 20-day increments up able in a timely manner for public inspection in
to and including 200 days; an electronic format, which shall be made avail-
(ii) the number of requests for records to able—
which the agency has responded with a de- (A) without charge, license, or registration
termination within a period greater than 200 requirement;
days and less than 301 days; (B) in an aggregated, searchable format; and
(iii) the number of requests for records to (C) in a format that may be downloaded in
which the agency has responded with a de- bulk.
termination within a period greater than 300 (4) The Attorney General of the United States
days and less than 401 days; and shall make each report which has been made
(iv) the number of requests for records to available by electronic means available at a sin-
which the agency has responded with a de- gle electronic access point. The Attorney Gen-
termination within a period greater than 400 eral of the United States shall notify the Chair-
days; man and ranking minority member of the Com-
(H) the average number of days for the agen- mittee on Oversight and Government Reform of
cy to provide the granted information begin- the House of Representatives and the Chairman
ning on the date on which the request was and ranking minority member of the Commit-
originally filed, the median number of days for tees on Homeland Security and Governmental
the agency to provide the granted informa- Affairs and the Judiciary of the Senate, no later
tion, and the range in number of days for the than March 1 of the year in which each such re-
agency to provide the granted information; port is issued, that such reports are available by
(I) the median and average number of days electronic means.
for the agency to respond to administrative (5) The Attorney General of the United States,
appeals based on the date on which the appeals in consultation with the Director of the Office of
originally were received by the agency, the Management and Budget, shall develop report-
highest number of business days taken by the ing and performance guidelines in connection
agency to respond to an administrative ap- with reports required by this subsection by Oc-
peal, and the lowest number of business days tober 1, 1997, and may establish additional re-
taken by the agency to respond to an adminis- quirements for such reports as the Attorney
trative appeal; General determines may be useful.
(J) data on the 10 active requests with the (6)(A) The Attorney General of the United
earliest filing dates pending at each agency, States shall submit to the Committee on Over-
including the amount of time that has elapsed sight and Government Reform of the House of
since each request was originally received by Representatives, the Committee on the Judici-
the agency; ary of the Senate, and the President a report on
(K) data on the 10 active administrative ap- or before March 1 of each calendar year, which
peals with the earliest filing dates pending be- shall include for the prior calendar year—
fore the agency as of September 30 of the pre- (i) a listing of the number of cases arising
ceding year, including the number of business under this section;
days that have elapsed since the requests were (ii) a listing of—
originally received by the agency; (I) each subsection, and any exemption, if
(L) the number of expedited review requests applicable, involved in each case arising
that are granted and denied, the average and under this section;
median number of days for adjudicating expe- (II) the disposition of each case arising
dited review requests, and the number adju- under this section; and
dicated within the required 10 days; (III) the cost, fees, and penalties assessed
(M) the number of fee waiver requests that under subparagraphs (E), (F), and (G) of sub-
are granted and denied, and the average and section (a)(4); and
Page 107 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

(iii) a description of the efforts undertaken solve disputes between persons making requests
by the Department of Justice to encourage under this section and administrative agencies
agency compliance with this section. as a nonexclusive alternative to litigation and
(B) The Attorney General of the United States may issue advisory opinions at the discretion of
shall make— the Office or upon request of any party to a dis-
(i) each report submitted under subpara- pute.
(4)(A) Not less frequently than annually, the
graph (A) available for public inspection in an
Director of the Office of Government Informa-
electronic format; and
(ii) the raw statistical data used in each re- tion Services shall submit to the Committee on
port submitted under subparagraph (A) avail- Oversight and Government Reform of the House
able for public inspection in an electronic for- of Representatives, the Committee on the Judi-
mat, which shall be made available— ciary of the Senate, and the President—
(i) a report on the findings of the informa-
(I) without charge, license, or registration
tion reviewed and identified under paragraph
requirement;
(2);
(II) in an aggregated, searchable format;
(ii) a summary of the activities of the Office
and
of Government Information Services under
(III) in a format that may be downloaded
paragraph (3), including—
in bulk. (I) any advisory opinions issued; and
(f) For purposes of this section, the term— (II) the number of times each agency en-
(1) ‘‘agency’’ as defined in section 551(1) of gaged in dispute resolution with the assist-
this title includes any executive department, ance of the Office of Government Informa-
military department, Government corpora- tion Services or the FOIA Public Liaison;
tion, Government controlled corporation, or and
other establishment in the executive branch of (iii) legislative and regulatory recommenda-
the Government (including the Executive Of- tions, if any, to improve the administration of
fice of the President), or any independent reg- this section.
ulatory agency; and
(2) ‘‘record’’ and any other term used in this (B) The Director of the Office of Government
section in reference to information includes— Information Services shall make each report
(A) any information that would be an submitted under subparagraph (A) available for
agency record subject to the requirements of public inspection in an electronic format.
this section when maintained by an agency (C) The Director of the Office of Government
in any format, including an electronic for- Information Services shall not be required to ob-
mat; and tain the prior approval, comment, or review of
(B) any information described under sub- any officer or agency of the United States, in-
paragraph (A) that is maintained for an cluding the Department of Justice, the Archi-
agency by an entity under Government con- vist of the United States, or the Office of Man-
tract, for the purposes of records manage- agement and Budget before submitting to Con-
ment. gress, or any committee or subcommittee there-
of, any reports, recommendations, testimony, or
(g) The head of each agency shall prepare and comments, if such submissions include a state-
make available for public inspection in an elec- ment indicating that the views expressed there-
tronic format, reference material or a guide for in are those of the Director and do not nec-
requesting records or information from the essarily represent the views of the President.
agency, subject to the exemptions in subsection (5) The Director of the Office of Government
(b), including— Information Services may directly submit addi-
(1) an index of all major information sys- tional information to Congress and the Presi-
tems of the agency; dent as the Director determines to be appro-
(2) a description of major information and priate.
record locator systems maintained by the (6) Not less frequently than annually, the Of-
agency; and fice of Government Information Services shall
(3) a handbook for obtaining various types conduct a meeting that is open to the public on
and categories of public information from the the review and reports by the Office and shall
agency pursuant to chapter 35 of title 44, and allow interested persons to appear and present
under this section. oral or written statements at the meeting.
(h)(1) There is established the Office of Gov- (i) The Government Accountability Office
ernment Information Services within the Na- shall conduct audits of administrative agencies
tional Archives and Records Administration. on the implementation of this section and issue
The head of the Office shall be the Director of reports detailing the results of such audits.
the Office of Government Information Services. (j)(1) Each agency shall designate a Chief
(2) The Office of Government Information FOIA Officer who shall be a senior official of
Services shall— such agency (at the Assistant Secretary or
(A) review policies and procedures of admin- equivalent level).
istrative agencies under this section; (2) The Chief FOIA Officer of each agency
(B) review compliance with this section by shall, subject to the authority of the head of the
administrative agencies; and agency—
(A) have agency-wide responsibility for effi-
(C) identify procedures and methods for im-
cient and appropriate compliance with this
proving compliance under this section.
section;
(3) The Office of Government Information (B) monitor implementation of this section
Services shall offer mediation services to re- throughout the agency and keep the head of
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 108

the agency, the chief legal officer of the agen- (i) Develop recommendations for increasing
cy, and the Attorney General appropriately in- compliance and efficiency under this section.
formed of the agency’s performance in imple- (ii) Disseminate information about agency
menting this section; experiences, ideas, best practices, and innova-
(C) recommend to the head of the agency tive approaches related to this section.
such adjustments to agency practices, poli- (iii) Identify, develop, and coordinate initia-
cies, personnel, and funding as may be nec- tives to increase transparency and compliance
essary to improve its implementation of this with this section.
section; (iv) Promote the development and use of
(D) review and report to the Attorney Gen- common performance measures for agency
eral, through the head of the agency, at such compliance with this section.
times and in such formats as the Attorney (B) In performing the duties described in sub-
General may direct, on the agency’s perform- paragraph (A), the Council shall consult on a
ance in implementing this section; regular basis with members of the public who
(E) facilitate public understanding of the make requests under this section.
purposes of the statutory exemptions of this (6)(A) The Council shall meet regularly and
section by including concise descriptions of such meetings shall be open to the public unless
the exemptions in both the agency’s handbook the Council determines to close the meeting for
issued under subsection (g), and the agency’s reasons of national security or to discuss infor-
annual report on this section, and by pro- mation exempt under subsection (b).
viding an overview, where appropriate, of cer- (B) Not less frequently than annually, the
tain general categories of agency records to Council shall hold a meeting that shall be open
which those exemptions apply; to the public and permit interested persons to
(F) offer training to agency staff regarding appear and present oral and written statements
their responsibilities under this section; to the Council.
(G) serve as the primary agency liaison with (C) Not later than 10 business days before a
the Office of Government Information Services meeting of the Council, notice of such meeting
and the Office of Information Policy; and shall be published in the Federal Register.
(H) designate 1 or more FOIA Public Liai- (D) Except as provided in subsection (b), the
sons. records, reports, transcripts, minutes, appen-
(3) The Chief FOIA Officer of each agency shall dices, working papers, drafts, studies, agenda, or
review, not less frequently than annually, all as- other documents that were made available to or
pects of the administration of this section by prepared for or by the Council shall be made
the agency to ensure compliance with the re- publicly available.
quirements of this section, including— (E) Detailed minutes of each meeting of the
(A) agency regulations; Council shall be kept and shall contain a record
(B) disclosure of records required under of the persons present, a complete and accurate
paragraphs (2) and (8) of subsection (a); description of matters discussed and conclusions
(C) assessment of fees and determination of reached, and copies of all reports received,
eligibility for fee waivers; issued, or approved by the Council. The minutes
(D) the timely processing of requests for in- shall be redacted as necessary and made publicly
formation under this section; available.
(E) the use of exemptions under subsection (l) FOIA Public Liaisons shall report to the
(b); and agency Chief FOIA Officer and shall serve as su-
(F) dispute resolution services with the as- pervisory officials to whom a requester under
sistance of the Office of Government Informa- this section can raise concerns about the service
tion Services or the FOIA Public Liaison. the requester has received from the FOIA Re-
quester Center, following an initial response
(k)(1) There is established in the executive from the FOIA Requester Center Staff. FOIA
branch the Chief FOIA Officers Council (referred Public Liaisons shall be responsible for assisting
to in this subsection as the ‘‘Council’’). in reducing delays, increasing transparency and
(2) The Council shall be comprised of the fol- understanding of the status of requests, and as-
lowing members: sisting in the resolution of disputes.
(A) The Deputy Director for Management of (m)(1) The Director of the Office of Manage-
the Office of Management and Budget. ment and Budget, in consultation with the At-
(B) The Director of the Office of Information torney General, shall ensure the operation of a
Policy at the Department of Justice. consolidated online request portal that allows a
(C) The Director of the Office of Government member of the public to submit a request for
Information Services. records under subsection (a) to any agency from
(D) The Chief FOIA Officer of each agency. a single website. The portal may include any ad-
(E) Any other officer or employee of the ditional tools the Director of the Office of Man-
United States as designated by the Co-Chairs. agement and Budget finds will improve the im-
(3) The Director of the Office of Information plementation of this section.
Policy at the Department of Justice and the Di- (2) This subsection shall not be construed to
rector of the Office of Government Information alter the power of any other agency to create or
Services shall be the Co-Chairs of the Council. maintain an independent online portal for the
(4) The Administrator of General Services submission of a request for records under this
shall provide administrative and other support section. The Director of the Office of Manage-
for the Council. ment and Budget shall establish standards for
(5)(A) The duties of the Council shall include interoperability between the portal required
the following: under paragraph (1) and other request processing
Page 109 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

software used by agencies subject to this sec- Editorial Notes

tion. REFERENCES IN TEXT
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383; Pub. L. The National Security Act of 1947, referred to in sub-
90–23, § 1, June 5, 1967, 81 Stat. 54; Pub. L. 93–502, sec. (a)(3)(E), is act July 26, 1947, ch. 343, 61 Stat. 495,
§§ 1–3, Nov. 21, 1974, 88 Stat. 1561–1564; Pub. L. which was formerly classified principally to chapter 15
94–409, § 5(b), Sept. 13, 1976, 90 Stat. 1247; Pub. L. (§ 401 et seq.) of Title 50, War and National Defense,
95–454, title IX, § 906(a)(10), Oct. 13, 1978, 92 Stat. prior to editorial reclassification in chapter 44 (§ 3001 et
seq.) of Title 50. Section 3 of the Act is now classified
1225; Pub. L. 98–620, title IV, § 402(2), Nov. 8, 1984, to section 3003 of Title 50. For complete classification
98 Stat. 3357; Pub. L. 99–570, title I, §§ 1802, 1803, of this Act to the Code, see Tables.
Oct. 27, 1986, 100 Stat. 3207–48, 3207–49; Pub. L. The date of enactment of the OPEN FOIA Act of 2009,
104–231, §§ 3–11, Oct. 2, 1996, 110 Stat. 3049–3054; referred to in subsec. (b)(3)(B), is the date of enactment
Pub. L. 107–306, title III, § 312, Nov. 27, 2002, 116 of Pub. L. 111–83, which was approved Oct. 28, 2009.
Stat. 2390; Pub. L. 110–175, §§ 3, 4(a), 5, 6(a)(1), CODIFICATION
(b)(1), 7(a), 8–10(a), 12, Dec. 31, 2007, 121 Stat.
Section 552 of former Title 5, Executive Departments
2525–2530; Pub. L. 111–83, title V, § 564(b), Oct. 28,
and Government Officers and Employees, was trans-
2009, 123 Stat. 2184; Pub. L. 114–185, § 2, June 30, ferred to section 2243 of Title 7, Agriculture.
2016, 130 Stat. 538.)
AMENDMENTS
HISTORICAL AND REVISION NOTES
2016—Subsec. (a)(2). Pub. L. 114–185, § 2(1)(A)(i), in in-
1966 ACT troductory provisions, substituted ‘‘for public inspec-
Revised Statutes and tion in an electronic format’’ for ‘‘for public inspection
Derivation U.S. Code Statutes at Large and copying’’.
Pub. L. 114–185, § 2(1)(A)(iii), in concluding provisions,
.................. 5 U.S.C. 1002. June 11, 1946, ch. 324, § 3, 60 substituted ‘‘public inspection in an electronic format
Stat. 238. current’’ for ‘‘public inspection and copying current’’.
Subsec. (a)(2)(D). Pub. L. 114–185, § 2(1)(A)(ii), added
In subsection (b)(3), the words ‘‘formulated and’’ are subpar. (D) and struck out former subpar. (D) which
omitted as surplusage. In the last sentence of sub- read as follows: ‘‘copies of all records, regardless of
section (b), the words ‘‘in any manner’’ are omitted as form or format, which have been released to any person
surplusage since the prohibition is all inclusive. under paragraph (3) and which, because of the nature of
Standard changes are made to conform with the defi- their subject matter, the agency determines have be-
nitions applicable and the style of this title as outlined come or are likely to become the subject of subsequent
in the preface to the report. requests for substantially the same records; and’’.
Subsec. (a)(4)(A)(viii). Pub. L. 114–185, § 2(1)(B), added
1967 ACT cl. (viii) and struck out former cl. (viii) which read as
follows: ‘‘An agency shall not assess search fees (or in
Section 1 [of Pub. L. 90–23] amends section 552 of title
the case of a requester described under clause (ii)(II),
5, United States Code, to reflect Public Law 89–487.
duplication fees) under this subparagraph if the agency
In subsection (a)(1)(A), the words ‘‘employees (and in
fails to comply with any time limit under paragraph
the case of a uniformed service, the member)’’ are sub-
(6), if no unusual or exceptional circumstances (as
stituted for ‘‘officer’’ to retain the coverage of Public
those terms are defined for purposes of paragraphs
Law 89–487 and to conform to the definitions in 5 U.S.C.
(6)(B) and (C), respectively) apply to the processing of
2101, 2104, and 2105.
the request.’’
In the last sentence of subsection (a)(2), the words ‘‘A Subsec. (a)(6)(A)(i). Pub. L. 114–185, § 2(1)(C)(i), sub-
final order * * * may be relied on * * * only if’’ are sub- stituted ‘‘making such request of—’’ for ‘‘making such
stituted for ‘‘No final order * * * may be relied upon request of such determination and the reasons therefor,
* * * unless’’; and the words ‘‘a party other than an and of the right of such person to appeal to the head of
agency’’ and ‘‘the party’’ are substituted for ‘‘a private the agency any adverse determination; and’’ and added
party’’ and ‘‘the private party’’, respectively, on au- subcls. (I) to (III).
thority of the definition of ‘‘private party’’ in 5 App. Subsec. (a)(6)(B)(ii). Pub. L. 114–185, § 2(1)(C)(ii), sub-
U.S.C. 1002(g). stituted ‘‘the agency, and notify the requester of the
In subsection (a)(3), the words ‘‘the responsible em- right of the requester to seek dispute resolution serv-
ployee, and in the case of a uniformed service, the re- ices from the Office of Government Information Serv-
sponsible member’’ are substituted for ‘‘the responsible ices.’’ for ‘‘the agency.’’
officers’’ to retain the coverage of Public Law 89–487 Subsec. (a)(8). Pub. L. 114–185, § 2(1)(D), added par. (8).
and to conform to the definitions in 5 U.S.C. 2101, 2104, Subsec. (b)(5). Pub. L. 114–185, § 2(2), amended par. (5)
and 2105. generally. Prior to amendment, par. (5) read as follows:
In subsection (a)(4), the words ‘‘shall maintain and ‘‘inter-agency or intra-agency memorandums or letters
make available for public inspection a record’’ are sub- which would not be available by law to a party other
stituted for ‘‘shall keep a record * * * and that record than an agency in litigation with the agency;’’.
shall be available for public inspection’’. Subsec. (e)(1). Pub. L. 114–185, § 2(3)(A)(i), in introduc-
In subsection (b)(5) and (7), the words ‘‘a party other tory provisions, inserted ‘‘and to the Director of the Of-
than an agency’’ are substituted for ‘‘a private party’’ fice of Government Information Services’’ after
on authority of the definition of ‘‘private party’’ in 5 ‘‘United States’’.
App. U.S.C. 1002(g). Subsec. (e)(1)(P), (Q). Pub. L. 114–185, § 2(3)(A)(ii)–(iv),
In subsection (c), the words ‘‘This section does not added subpars. (P) and (Q).
authorize’’ and ‘‘This section is not authority’’ are sub- Subsec. (e)(3). Pub. L. 114–185, § 2(3)(B), added par. (3)
stituted for ‘‘Nothing in this section authorizes’’ and and struck out former par. (3) which read as follows:
‘‘nor shall this section be authority’’, respectively. ‘‘Each agency shall make each such report available to
5 App. U.S.C. 1002(g), defining ‘‘private party’’ to the public including by computer telecommunications,
mean a party other than an agency, is omitted since or if computer telecommunications means have not
the words ‘‘party other than an agency’’ are sub- been established by the agency, by other electronic
stituted for the words ‘‘private party’’ wherever they means. In addition, each agency shall make the raw
appear in revised 5 U.S.C. 552. statistical data used in its reports available electroni-
5 App. U.S.C. 1002(h), prescribing the effective date, is cally to the public upon request.’’
omitted as unnecessary. That effective date is pre- Subsec. (e)(4). Pub. L. 114–185, § 2(3)(C), substituted
scribed by section 4 of this bill. ‘‘Oversight and Government Reform’’ for ‘‘Government
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 110

Reform and Oversight’’ and ‘‘March’’ for ‘‘April’’ and Subsec. (e)(1)(C). Pub. L. 110–175, § 8(a)(2), inserted
inserted ‘‘Homeland Security and’’ before ‘‘Govern- ‘‘and average’’ after ‘‘median’’.
mental Affairs’’. Subsec. (e)(1)(E). Pub. L. 110–175, § 8(a)(3), inserted be-
Subsec. (e)(6). Pub. L. 114–185, § 2(3)(D), added par. (6) fore semicolon ‘‘, based on the date on which the re-
and struck out former par. (6) which read as follows: quests were received by the agency’’.
‘‘The Attorney General of the United States shall sub- Subsec. (e)(1)(F) to (O). Pub. L. 110–175, § 8(a)(4), (5),
mit an annual report on or before April 1 of each cal- added subpars. (F) to (M) and redesignated former sub-
endar year which shall include for the prior calendar pars. (F) and (G) as (N) and (O), respectively.
year a listing of the number of cases arising under this Subsec. (e)(2). Pub. L. 110–175, § 8(b)(2), added par. (2).
section, the exemption involved in each case, the dis- Former par. (2) redesignated (3).
position of such case, and the cost, fees, and penalties Subsec. (e)(3). Pub. L. 110–175, § 8(b)(1), (c), redesig-
assessed under subparagraphs (E), (F), and (G) of sub- nated par. (2) as (3) and inserted at end ‘‘In addition,
section (a)(4). Such report shall also include a descrip- each agency shall make the raw statistical data used in
tion of the efforts undertaken by the Department of its reports available electronically to the public upon
Justice to encourage agency compliance with this sec- request.’’ Former par. (3) redesignated (4).
tion.’’ Subsec. (e)(4) to (6). Pub. L. 110–175, § 8(b)(1), redesig-
Subsec. (g). Pub. L. 114–185, § 2(4), in introductory pro- nated pars. (3) to (5) as (4) to (6), respectively.
visions, substituted ‘‘available for public inspection in Subsec. (f)(2). Pub. L. 110–175, § 9, added par. (2) and
an electronic format’’ for ‘‘publicly available upon re- struck out former par. (2) which read as follows:
quest’’. ‘‘ ‘record’ and any other term used in this section in
Subsec. (h)(1). Pub. L. 114–185, § 2(5)(A), inserted at reference to information includes any information that
end ‘‘The head of the Office shall be the Director of the would be an agency record subject to the requirements
Office of Government Information Services.’’ of this section when maintained by an agency in any
Subsec. (h)(2)(C). Pub. L. 114–185, § 2(5)(B), added sub- format, including an electronic format.’’
par. (C) and struck out former subpar. (C) which read as Subsecs. (h) to (l). Pub. L. 110–175, § 10(a), added sub-
follows: ‘‘recommend policy changes to Congress and secs. (h) to (l).
the President to improve the administration of this 2002—Subsec. (a)(3)(A). Pub. L. 107–306, § 312(1), in-
section.’’ serted ‘‘and except as provided in subparagraph (E),’’
Subsec. (h)(3). Pub. L. 114–185, § 2(5)(C), added par. (3) after ‘‘of this subsection,’’.
and struck out former par. (3) which read as follows: Subsec. (a)(3)(E). Pub. L. 107–306, § 312(2), added sub-
‘‘The Office of Government Information Services shall par. (E).
offer mediation services to resolve disputes between 1996—Subsec. (a)(2). Pub. L. 104–231, § 4(4), (5), in first
persons making requests under this section and admin- sentence struck out ‘‘and’’ at end of subpar. (B) and in-
istrative agencies as a non-exclusive alternative to liti- serted subpars. (D) and (E).
gation and, at the discretion of the Office, may issue Pub. L. 104–231, § 4(7), inserted after first sentence
advisory opinions if mediation has not resolved the dis- ‘‘For records created on or after November 1, 1996, with-
pute.’’ in one year after such date, each agency shall make
Subsec. (h)(4) to (6). Pub. L. 114–185, § 2(5)(D), added such records available, including by computer tele-
pars. (4) to (6). communications or, if computer telecommunications
Subsec. (j). Pub. L. 114–185, § 2(6), added subsec. (j) and means have not been established by the agency, by
struck out former subsec. (j) which read as follows: other electronic means.’’
‘‘Each agency shall designate a Chief FOIA Officer who Pub. L. 104–231, § 4(1), in second sentence substituted
shall be a senior official of such agency (at the Assist- ‘‘staff manual, instruction, or copies of records referred
ant Secretary or equivalent level).’’ to in subparagraph (D)’’ for ‘‘or staff manual or instruc-
Subsec. (k). Pub. L. 114–185, § 2(6), added subsec. (k) tion’’.
and struck out former subsec. (k) which related to au- Pub. L. 104–231, § 4(2), inserted before period at end of
thority and responsibilities of the Chief FOIA Officer. third sentence ‘‘, and the extent of such deletion shall
Subsec. (m). Pub. L. 114–185, § 2(7), added subsec. (m). be indicated on the portion of the record which is made
2009—Subsec. (b)(3). Pub. L. 111–83 added par. (3) and available or published, unless including that indication
struck out former par. (3) which read as follows: ‘‘spe- would harm an interest protected by the exemption in
cifically exempted from disclosure by statute (other subsection (b) under which the deletion is made’’.
than section 552b of this title), provided that such stat- Pub. L. 104–231, § 4(3), inserted after third sentence ‘‘If
ute (A) requires that the matters be withheld from the technically feasible, the extent of the deletion shall be
public in such a manner as to leave no discretion on the indicated at the place in the record where the deletion
issue, or (B) establishes particular criteria for with- was made.’’
holding or refers to particular types of matters to be Pub. L. 104–231, § 4(6), which directed the insertion of
withheld;’’. the following new sentence after the fifth sentence
2007—Subsec. (a)(4)(A)(ii). Pub. L. 110–175, § 3, inserted
‘‘Each agency shall make the index referred to in sub-
concluding provisions.
paragraph (E) available by computer telecommuni-
Subsec. (a)(4)(A)(viii). Pub. L. 110–175, § 6(b)(1)(A),
cations by December 31, 1999.’’, was executed by making
added cl. (viii).
Subsec. (a)(4)(E). Pub. L. 110–175, § 4(a), designated ex- the insertion after the sixth sentence, to reflect the
isting provisions as cl. (i) and added cl. (ii). probable intent of Congress and the addition of a new
Subsec. (a)(4)(F). Pub. L. 110–175, § 5, designated exist- sentence by section 4(3) of Pub. L. 104–231.
ing provisions as cl. (i) and added cls. (ii) and (iii). Subsec. (a)(3). Pub. L. 104–231, § 5, inserted subpar. (A)
Subsec. (a)(6)(A). Pub. L. 110–175, § 6(a)(1), inserted designation after ‘‘(3)’’, redesignated subpars. (A) and
concluding provisions. (B) as cls. (i) and (ii), respectively, and added subpars.
Subsec. (a)(6)(B)(ii). Pub. L. 110–175, § 6(b)(1)(B), in- (B) to (D).
serted after the first sentence ‘‘To aid the requester, Subsec. (a)(4)(B). Pub. L. 104–231, § 6, inserted at end
each agency shall make available its FOIA Public Liai- ‘‘In addition to any other matters to which a court ac-
son, who shall assist in the resolution of any disputes cords substantial weight, a court shall accord substan-
between the requester and the agency.’’ tial weight to an affidavit of an agency concerning the
Subsec. (a)(7). Pub. L. 110–175, § 7(a), added par. (7). agency’s determination as to technical feasibility
Subsec. (b). Pub. L. 110–175, § 12, in concluding provi- under paragraph (2)(C) and subsection (b) and reproduc-
sions, inserted ‘‘, and the exemption under which the ibility under paragraph (3)(B).’’
deletion is made,’’ after ‘‘The amount of information Subsec. (a)(6)(A)(i). Pub. L. 104–231, § 8(b), substituted
deleted’’ in second sentence and after ‘‘the amount of ‘‘20 days’’ for ‘‘ten days’’.
the information deleted’’ in third sentence. Subsec. (a)(6)(B). Pub. L. 104–231, § 7(b), amended sub-
Subsec. (e)(1)(B)(ii). Pub. L. 110–175, § 8(a)(1), inserted par. (B) generally. Prior to amendment, subpar. (B)
‘‘the number of occasions on which each statute was re- read as follows: ‘‘In unusual circumstances as specified
lied upon,’’ after ‘‘subsection (b)(3),’’. in this subparagraph, the time limits prescribed in ei-
Page 111 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

ther clause (i) or clause (ii) of subparagraph (A) may be close investigative techniques and procedures, or (F)
extended by written notice to the person making such endanger the life or physical safety of law enforcement
request setting forth the reasons for such extension and personnel;’’.
the date on which a determination is expected to be Subsecs. (c) to (f). Pub. L. 99–570, § 1802(b), added sub-
dispatched. No such notice shall specify a date that sec. (c) and redesignated former subsecs. (c) to (e) as (d)
would result in an extension for more than ten working to (f), respectively.
days. As used in this subparagraph, ‘unusual cir- 1984—Subsec. (a)(4)(D). Pub. L. 98–620 repealed subpar.
cumstances’ means, but only to the extent reasonably (D) which provided for precedence on the docket and
necessary to the proper processing of the particular re- expeditious disposition of district court proceedings au-
quest— thorized by subsec. (a).
‘‘(i) the need to search for and collect the requested 1978—Subsec. (a)(4)(F). Pub. L. 95–454 substituted ref-
records from field facilities or other establishments erences to the Special Counsel for references to the
that are separate from the office processing the re- Civil Service Commission wherever appearing and ref-
quest; erence to his findings for reference to its findings.
‘‘(ii) the need to search for, collect, and appro- 1976—Subsec. (b)(3). Pub. L. 94–409 inserted provision
priately examine a voluminous amount of separate excluding section 552b of this title from applicability of
and distinct records which are demanded in a single exemption from disclosure and provision setting forth
request; or conditions for statute specifically exempting disclo-
‘‘(iii) the need for consultation, which shall be con- sure.
ducted with all practicable speed, with another agen- 1974—Subsec. (a)(2). Pub. L. 93–502, § 1(a), substituted
cy having a substantial interest in the determination provisions relating to maintenance and availability of
of the request or among two or more components of current indexes, for provisions relating to maintenance
the agency having substantial subject-matter inter- and availability of a current index, and inserted provi-
est therein.’’ sions relating to publication and distribution of copies
Subsec. (a)(6)(C). Pub. L. 104–231, § 7(c), designated ex- of indexes or supplements thereto.
isting provisions as cl. (i) and added cls. (ii) and (iii). Subsec. (a)(3). Pub. L. 93–502, § 1(b)(1), substituted pro-
Subsec. (a)(6)(D). Pub. L. 104–231, § 7(a), added subpar. visions requiring requests to reasonably describe
(D). records for provisions requiring requests, for identifi-
Subsec. (a)(6)(E), (F). Pub. L. 104–231, § 8(a), (c), added able records, and struck out provisions setting forth
subpars. (E) and (F). procedures to enjoin agencies from withholding the re-
Subsec. (b). Pub. L. 104–231, § 9, inserted at end of clos- quested records and ordering their production.
ing provisions ‘‘The amount of information deleted Subsec. (a)(4), (5). Pub. L. 93–502, § 1(b)(2), added par.
shall be indicated on the released portion of the record, (4) and redesignated former par. (4) as (5).
unless including that indication would harm an inter- Subsec. (a)(6). Pub. L. 93–502, § 1(c), added par. (6).
est protected by the exemption in this subsection under Subsec. (b)(1). Pub. L. 93–502, § 2(a), designated exist-
which the deletion is made. If technically feasible, the ing provisions as cl. (A), substituted ‘‘authorized under
amount of the information deleted shall be indicated at criteria established by an’’ for ‘‘required by’’, and
the place in the record where such deletion is made.’’ added cl. (B).
Subsec. (e). Pub. L. 104–231, § 10, amended subsec. (e) Subsec. (b)(7). Pub. L. 93–502, § 2(b), substituted provi-
generally, revising and restating provisions relating to sions relating to exemption for investigatory records
reports to Congress. compiled for law enforcement purposes, for provisions
Subsec. (f). Pub. L. 104–231, § 3, amended subsec. (f) relating to exemption for investigatory files compiled
generally. Prior to amendment, subsec. (f) read as fol- for law enforcement purposes.
lows: ‘‘For purposes of this section, the term ‘agency’ Subsec. (b), foll. par. (9). Pub. L. 93–502, § 2(c), inserted
as defined in section 551(1) of this title includes any ex- provision relating to availability of segregable portion
ecutive department, military department, Government of records.
corporation, Government controlled corporation, or Subsecs. (d), (e). Pub. L. 93–502, § 3, added subsecs. (d)
other establishment in the executive branch of the and (e).
Government (including the Executive Office of the 1967—Subsec. (a). Pub. L. 90–23 substituted introduc-
President), or any independent regulatory agency.’’ tory statement requiring every agency to make avail-
Subsec. (g). Pub. L. 104–231, § 11, added subsec. (g). able to the public certain information for former intro-
1986—Subsec. (a)(4)(A). Pub. L. 99–570, § 1803, amended ductory provision excepting from disclosure (1) any
subpar. (A) generally. Prior to amendment, subpar. (A) function of the United States requiring secrecy in the
read as follows: ‘‘In order to carry out the provisions of public interest or (2) any matter relating to internal
this section, each agency shall promulgate regulations, management of an agency, covered in subsec. (b)(1) and
pursuant to notice and receipt of public comment, (2) of this section.
specifying a uniform schedule of fees applicable to all Subsec. (a)(1). Pub. L. 90–23 incorporated provisions
constituent units of such agency. Such fees shall be of: former subsec. (b)(1) in (A), inserting requirement of
limited to reasonable standard charges for document publication of names of officers as sources of informa-
search and duplication and provide for recovery of only tion and provision for public to obtain decisions, and
the direct costs of such search and duplication. Docu- striking out publication requirement for delegations by
ments shall be furnished without charge or at a reduced the agency of final authority; former subsec. (b)(2), in-
charge where the agency determines that waiver or re- troductory part, in (B); former subsec. (b)(2), con-
duction of the fee is in the public interest because fur- cluding part, in (C), inserting publication requirement
nishing the information can be considered as primarily for rules of procedure and descriptions of forms avail-
benefiting the general public.’’ able or the places at which forms may be obtained;
Subsec. (b)(7). Pub. L. 99–570, § 1802(a), amended par. former subsec. (b)(3), introductory part, in (D), insert-
(7) generally. Prior to amendment, par. (7) read as fol- ing requirement of general applicability of substantive
lows: ‘‘investigatory records compiled for law enforce- rules and interpretations, added clause (E), substituted
ment purposes, but only to the extent that the produc- exemption of any person from failure to resort to any
tion of such records would (A) interfere with enforce- matter or from being adversely affected by any matter
ment proceedings, (B) deprive a person of a right to a required to be published in the Federal Register but not
fair trial or an impartial adjudication, (C) constitute so published for former subsec. (b)(3), concluding part,
an unwarranted invasion of personal privacy, (D) dis- excepting from publication rules addressed to and
close the identity of a confidential source and, in the served upon named persons in accordance with laws and
case of a record compiled by a criminal law enforce- final sentence reading ‘‘A person may not be required
ment authority in the course of a criminal investiga- to resort to organization or procedure not so pub-
tion, or by an agency conducting a lawful national se- lished’’ and inserted provision deeming matter, which
curity intelligence investigation, confidential informa- is reasonably available, as published in the Federal
tion furnished only by the confidential source, (E) dis- Register when such matter is incorporated by reference
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 112

in the Federal Register with the approval of its Direc- after the date of enactment of this Act [Dec. 31, 2007]
tor. and apply to requests for information under section 552
Subsec. (a)(2). Pub. L. 90–23 incorporated provisions of of title 5, United States Code, filed on or after that ef-
former subsec. (c), provided for public copying of fective date.’’
records, struck out requirement of agency publication Pub. L. 110–175, § 7(b), Dec. 31, 2007, 121 Stat. 2527, pro-
of final opinions or orders and authority for secrecy vided that: ‘‘The amendment made by this section
and withholding of opinions and orders required for [amending this section] shall take effect 1 year after
good cause to be held confidential and not cited as the date of enactment of this Act [Dec. 31, 2007] and
precedents, latter provision now superseded by subsec. apply to requests for information under section 552 of
(b) of this section, designated existing subsec. (c) as title 5, United States Code, filed on or after that effec-
clause (A), including provision for availability of con- tive date.’’
curring and dissenting opinions, inserted provisions for Pub. L. 110–175, § 10(b), Dec. 31, 2007, 121 Stat. 2530, pro-
availability of policy statements and interpretations in vided that: ‘‘The amendments made by this section
clause (B) and staff manuals and instructions in clause [amending this section] shall take effect on the date of
(C), deletion of personal identifications from records to enactment of this Act [Dec. 31, 2007].’’
protect personal privacy with written justification
EFFECTIVE DATE OF 1996 AMENDMENT
therefor, and provision for indexing and prohibition of
use of records not indexed against any private party Pub. L. 104–231, § 12, Oct. 2, 1996, 110 Stat. 3054, pro-
without actual and timely notice of the terms thereof. vided that:
Subsec. (a)(3). Pub. L. 90–23 incorporated provisions of ‘‘(a) IN GENERAL.—Except as provided in subsection
former subsec. (d) and substituted provisions requiring (b), this Act [amending this section and enacting provi-
identifiable agency records to be made available to any sions set out as notes below] shall take effect 180 days
person upon request and compliance with rules as to after the date of the enactment of this Act [Oct. 2,
time, place, and procedure for inspection, and payment 1996].
of fees and provisions for Federal district court pro- ‘‘(b) PROVISIONS EFFECTIVE ON ENACTMENT [sic].—Sec-
ceedings de novo for enforcement by contempt of non- tions 7 and 8 [amending this section] shall take effect
compliance with court’s orders with the burden on the one year after the date of the enactment of this Act
agency and docket precedence for such proceedings for [Oct. 2, 1996].’’
former provisions requiring matters of official record
to be made available to persons properly and directly EFFECTIVE DATE OF 1986 AMENDMENT
concerned except information held confidential for Pub. L. 99–570, title I, § 1804, Oct. 27, 1986, 100 Stat.
good cause shown, the latter provision superseded by 3207–50, provided that:
subsec. (b) of this section. ‘‘(a) The amendments made by section 1802 [amending
Subsec. (a)(4). Pub. L. 90–23 added par. (4). this section] shall be effective on the date of enactment
Subsec. (b). Pub. L. 90–23 added subsec. (b) which su- of this Act [Oct. 27, 1986], and shall apply with respect
perseded provisions excepting from disclosure any func- to any requests for records, whether or not the request
tion of the United States requiring secrecy in the pub- was made prior to such date, and shall apply to any
lic interest or any matter relating to internal manage- civil action pending on such date.
ment of an agency, formerly contained in former sub- ‘‘(b)(1) The amendments made by section 1803 [amend-
sec. (a), final opinions or orders required for good cause ing this section] shall be effective 180 days after the
to be held confidential and not cited as precedents, for- date of enactment of this Act [Oct. 27, 1986], except that
merly contained in subsec. (c), and information held regulations to implement such amendments shall be
confidential for good cause found, contained in former promulgated by such 180th day.
subsec. (d) of this section. ‘‘(2) The amendments made by section 1803 [amending
Subsec. (c). Pub. L. 90–23 added subsec. (c). this section] shall apply with respect to any requests
for records, whether or not the request was made prior
Statutory Notes and Related Subsidiaries to such date, and shall apply to any civil action pend-
ing on such date, except that review charges applicable
CHANGE OF NAME to records requested for commercial use shall not be
Committee on Oversight and Government Reform of applied by an agency to requests made before the effec-
House of Representatives changed to Committee on tive date specified in paragraph (1) of this subsection or
Oversight and Reform of House of Representatives by before the agency has finally issued its regulations.’’
House Resolution No. 6, One Hundred Sixteenth Con-
EFFECTIVE DATE OF 1984 AMENDMENT
gress, Jan. 9, 2019. Committee on Oversight and Reform
of House of Representatives changed to Committee on Amendment by Pub. L. 98–620 not applicable to cases
Oversight and Accountability of House of Representa- pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
tives by House Resolution No. 5, One Hundred Eight- set out as an Effective Date note under section 1657 of
eenth Congress, Jan. 9, 2023. Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 2016 AMENDMENT EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 114–185, § 6, June 30, 2016, 130 Stat. 544, pro- Amendment by Pub. L. 95–454 effective 90 days after
vided that: ‘‘This Act [amending this section and sec- Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
tion 3102 of Title 44, Public Printing and Documents, a note under section 1101 of this title.
and enacting provisions set out as notes under this sec-
EFFECTIVE DATE OF 1976 AMENDMENT
tion and section 101 of this title], and the amendments
made by this Act, shall take effect on the date of enact- Amendment by Pub. L. 94–409 effective 180 days after
ment of this Act [June 30, 2016] and shall apply to any Sept. 13, 1976, see section 6 of Pub. L. 94–409, set out as
request for records under section 552 of title 5, United an Effective Date note under section 552b of this title.
States Code, made after the date of enactment of this
EFFECTIVE DATE OF 1974 AMENDMENT
Act.’’
Pub. L. 93–502, § 4, Nov. 21, 1974, 88 Stat. 1564, provided
EFFECTIVE DATE OF 2007 AMENDMENT that: ‘‘The amendments made by this Act [amending
Pub. L. 110–175, § 6(a)(2), Dec. 31, 2007, 121 Stat. 2526, this section] shall take effect on the ninetieth day be-
provided that: ‘‘The amendment made by this sub- ginning after the date of enactment of this Act [Nov.
section [amending this section] shall take effect 1 year 21, 1974].’’
after the date of enactment of this Act [Dec. 31, 2007].’’
EFFECTIVE DATE OF 1967 AMENDMENT
Pub. L. 110–175, § 6(b)(2), Dec. 31, 2007, 121 Stat. 2526,
provided that: ‘‘The amendment made by this sub- Pub. L. 90–23, § 4, June 5, 1967, 81 Stat. 56, provided
section [amending this section] shall take effect 1 year that: ‘‘This Act [amending this section] shall be effec-
Page 113 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

tive July 4, 1967, or on the date of enactment [June 5, 2001, by the Armed Forces of the United States in
1967], whichever is later.’’ operations outside of the United States.
‘‘(2) PHOTOGRAPH.—The term ‘photograph’ encom-
SHORT TITLE OF 1996 AMENDMENT passes all photographic images, whether originals or
Pub. L. 104–231, § 1, Oct. 2, 1996, 110 Stat. 3048, provided copies, including still photographs, negatives, digital
that: ‘‘This Act [amending this section and enacting images, films, video tapes, and motion pictures.
provisions set out as notes under this section] may be ‘‘(d) CERTIFICATION.—
cited as the ‘Electronic Freedom of Information Act ‘‘(1) IN GENERAL.—For any photograph described
Amendments of 1996’.’’ under subsection (c)(1), the Secretary of Defense shall
issue a certification if the Secretary of Defense deter-
SHORT TITLE OF 1986 AMENDMENT mines that disclosure of that photograph would en-
Pub. L. 99–570, title I, § 1801, Oct. 27, 1986, 100 Stat. danger citizens of the United States, members of the
3207–48, provided that: ‘‘This subtitle [subtitle N United States Armed Forces, or employees of the
(§§ 1801–1804) of title I of Pub. L. 99–570, amending this United States Government deployed outside the
section and enacting provisions set out as a note under United States.
‘‘(2) CERTIFICATION EXPIRATION.—A certification and
this section] may be cited as the ‘Freedom of Informa-
a renewal of a certification issued pursuant to sub-
tion Reform Act of 1986’.’’
section (d)(3) shall expire 3 years after the date on
SHORT TITLE which the certification or renewal, [sic] is issued by
the Secretary of Defense.
This section is popularly known as the ‘‘Freedom of ‘‘(3) CERTIFICATION RENEWAL.—The Secretary of De-
Information Act’’. fense may issue—
REVIEW AND ISSUANCE OF REGULATIONS ‘‘(A) a renewal of a certification at any time; and
‘‘(B) more than 1 renewal of a certification.
Pub. L. 114–185, § 3, June 30, 2016, 130 Stat. 544, pro- ‘‘(4) NOTICE TO CONGRESS.—The Secretary of Defense
vided that: shall provide Congress a timely notice of the Sec-
‘‘(a) IN GENERAL.—Not later than 180 days after the retary’s issuance of a certification and of a renewal of
date of enactment of this Act [June 30, 2016], the head a certification.
of each agency (as defined in section 551 of title 5, ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section
United States Code) shall review the regulations of shall be construed to preclude the voluntary disclosure
such agency and shall issue regulations on procedures of a protected document.
for the disclosure of records under section 552 of title 5, ‘‘(f) EFFECTIVE DATE.—This section shall take effect
United States Code, in accordance with the amend- on the date of enactment of this Act [Oct. 28, 2009] and
ments made by section 2 [amending this section]. apply to any protected document.’’
‘‘(b) REQUIREMENTS.—The regulations of each agency FINDINGS
shall include procedures for engaging in dispute resolu-
tion through the FOIA Public Liaison and the Office of Pub. L. 110–175, § 2, Dec. 31, 2007, 121 Stat. 2524, pro-
Government Information Services.’’ vided that: ‘‘Congress finds that—
‘‘(1) the Freedom of Information Act [probably
TREATMENT OF INFORMATION IN CATCH A SERIAL means Pub. L. 89–487 which amended section 1002 of
OFFENDER PROGRAM FOR CERTAIN PURPOSES former Title 5, Executive Departments and Govern-
Pub. L. 116–92, div. A, title V, § 550, Dec. 20, 2019, 133 ment Officers and Employees, see Historical and Re-
Stat. 1379, provided that: vision notes above] was signed into law on July 4,
‘‘(a) TREATMENT UNDER FOIA.—Victim disclosures 1966, because the American people believe that—
under the Catch a Serial Offender Program shall be ‘‘(A) our constitutional democracy, our system of
withheld from public disclosure under paragraph (b)(3) self-government, and our commitment to popular
of section 552 of title 5, United States Code (commonly sovereignty depends upon the consent of the gov-
referred to as the ‘Freedom of Information Act’). erned;
‘‘(B) such consent is not meaningful unless it is
‘‘(b) PRESERVATION OF RESTRICTED REPORT.—The
informed consent; and
transmittal or receipt in connection with the Catch a
‘‘(C) as Justice Black noted in his concurring
Serial Offender Program of a report on a sexual assault
opinion in Barr v. Matteo (360 U.S. 564 (1959)), ‘The
that is treated as a restricted report shall not operate
effective functioning of a free government like ours
to terminate its treatment or status as a restricted re-
depends largely on the force of an informed public
port.’’
opinion. This calls for the widest possible under-
PROTECTED NATIONAL SECURITY DOCUMENTS standing of the quality of government service ren-
dered by all elective or appointed public officials or
Pub. L. 111–83, title V, § 565, Oct. 28, 2009, 123 Stat. employees.’;
2184, provided that: ‘‘(2) the American people firmly believe that our
‘‘(a) SHORT TITLE.—This section may be cited as the system of government must itself be governed by a
‘Protected National Security Documents Act of 2009’. presumption of openness;
‘‘(b) Notwithstanding any other provision of the law ‘‘(3) the Freedom of Information Act establishes a
to the contrary, no protected document, as defined in ‘strong presumption in favor of disclosure’ as noted
subsection (c), shall be subject to disclosure under sec- by the United States Supreme Court in United States
tion 552 of title 5, United States Code[,] or any pro- Department of State v. Ray (502 U.S. 164 (1991)), a pre-
ceeding under that section. sumption that applies to all agencies governed by
‘‘(c) DEFINITIONS.—In this section: that Act;
‘‘(1) PROTECTED DOCUMENT.—The term ‘protected ‘‘(4) ‘disclosure, not secrecy, is the dominant objec-
document’ means any record— tive of the Act,’ as noted by the United States Su-
‘‘(A) for which the Secretary of Defense has preme Court in Department of Air Force v. Rose (425
issued a certification, as described in subsection U.S. 352 (1976));
(d), stating that disclosure of that record would en- ‘‘(5) in practice, the Freedom of Information Act
danger citizens of the United States, members of has not always lived up to the ideals of that Act; and
the United States Armed Forces, or employees of ‘‘(6) Congress should regularly review section 552 of
the United States Government deployed outside the title 5, United States Code (commonly referred to as
United States; and the Freedom of Information Act), in order to deter-
‘‘(B) that is a photograph that— mine whether further changes and improvements are
‘‘(i) was taken during the period beginning on necessary to ensure that the Government remains
September 11, 2001, through January 22, 2009; and open and accessible to the American people and is al-
‘‘(ii) relates to the treatment of individuals en- ways based not upon the ‘need to know’ but upon the
gaged, captured, or detained after September 11, fundamental ‘right to know’.’’
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 114

LIMITATION ON AMOUNTS OBLIGATED OR EXPENDED so collected, maintained, or obtained have been dis-
FROM CLAIMS AND JUDGMENT FUND closed under 5 U.S.C. 552 prior to the date of the enact-
ment of this Act [Feb. 20, 2003].’’
Pub. L. 110–175, § 4(b), Dec. 31, 2007, 121 Stat. 2525, pro-
vided that: ‘‘Notwithstanding section 1304 of title 31, DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL
United States Code, no amounts may be obligated or GOVERNMENT
expended from the Claims and Judgment Fund of the
United States Treasury to pay the costs resulting from Pub. L. 106–567, title VIII, Dec. 27, 2000, 114 Stat. 2864,
fees assessed under section 552(a)(4)(E) of title 5, United as amended by Pub. L. 108–199, div. H, § 163, Jan. 23, 2004,
States Code. Any such amounts shall be paid only from 118 Stat. 452; Pub. L. 109–5, § 1, Mar. 25, 2005, 119 Stat. 19,
funds annually appropriated for any authorized purpose provided that:
for the Federal agency against which a claim or judg- ‘‘SEC. 801. SHORT TITLE.
ment has been rendered.’’ ‘‘This title may be cited as the ‘Japanese Imperial
NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL Government Disclosure Act of 2000’.
SATELLITE OPERATIONS ‘‘SEC. 802. DESIGNATION.
Pub. L. 108–375, div. A, title IX, § 914, Oct. 28, 2004, 118 ‘‘(a) DEFINITIONS.—In this section:
Stat. 2029, provided that: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning
‘‘(a) MANDATORY DISCLOSURE REQUIREMENTS INAPPLI- given such term under section 551 of title 5, United
CABLE.—The requirements to make information avail- States Code.
able under section 552 of title 5, United States Code, ‘‘(2) INTERAGENCY GROUP.—The term ‘Interagency
shall not apply to land remote sensing information. Group’ means the Nazi War Crimes and Japanese Im-
‘‘(b) LAND REMOTE SENSING INFORMATION DEFINED.—In perial Government Records Interagency Working
this section, the term ‘land remote sensing informa- Group established under subsection (b).
tion’— ‘‘(3) JAPANESE IMPERIAL GOVERNMENT RECORDS.—The
‘‘(1) means any data that— term ‘Japanese Imperial Government records’ means
‘‘(A) are collected by land remote sensing; and classified records or portions of records that pertain
‘‘(B) are prohibited from sale to customers other to any person with respect to whom the United
than the United States Government and United States Government, in its sole discretion, has
States Government-approved customers for reasons grounds to believe ordered, incited, assisted, or other-
of national security pursuant to the terms of an op- wise participated in the experimentation on, and per-
erating license issued pursuant to the Land Remote secution of, any person because of race, religion, na-
Sensing Policy Act of 1992 ([former] 15 U.S.C. 5601 et tional origin, or political opinion, during the period
seq.) [now 51 U.S.C. 60101 et seq.]; and beginning September 18, 1931, and ending on Decem-
‘‘(2) includes any imagery and other product that is ber 31, 1948, under the direction of, or in association
derived from such data and which is prohibited from with—
sale to customers other than the United States Gov- ‘‘(A) the Japanese Imperial Government;
ernment and United States Government-approved ‘‘(B) any government in any area occupied by the
customers for reasons of national security pursuant military forces of the Japanese Imperial Govern-
to the terms of an operating license described in ment;
paragraph (1)(B). ‘‘(C) any government established with the assist-
‘‘(c) STATE OR LOCAL GOVERNMENT DISCLOSURES.— ance or cooperation of the Japanese Imperial Gov-
Land remote sensing information provided by the head ernment; or
of a department or agency of the United States to a ‘‘(D) any government which was an ally of the
State, local, or tribal government may not be made Japanese Imperial Government.
available to the general public under any State, local, ‘‘(4) RECORD.—The term ‘record’ means a Japanese
or tribal law relating to the disclosure of information Imperial Government record.
or records. ‘‘(b) ESTABLISHMENT OF INTERAGENCY GROUP.—
‘‘(d) SAFEGUARDING INFORMATION.—The head of each ‘‘(1) IN GENERAL.—Not later than 60 days after the
department or agency of the United States having land date of the enactment of this Act [Dec. 27, 2000], the
remote sensing information within that department or President shall designate the Working Group estab-
agency or providing such information to a State, local, lished under the Nazi War Crimes Disclosure Act
or tribal government shall take such actions, commen- (Public Law 105–246; 5 U.S.C. 552 note) to also carry
surate with the sensitivity of that information, as are out the purposes of this title with respect to Japa-
necessary to protect that information from disclosure nese Imperial Government records, and that Working
other than in accordance with this section and other Group shall remain in existence for 6 years after the
applicable law. date on which this title takes effect. Such Working
‘‘(e) ADDITIONAL DEFINITION.—In this section, the Group is redesignated as the ‘Nazi War Crimes and
term ‘land remote sensing’ has the meaning given such Japanese Imperial Government Records Interagency
term in section 3 of the Land Remote Sensing Policy Working Group’.
Act of 1992 ([former] 15 U.S.C. 5602) [now 51 U.S.C. ‘‘(2) MEMBERSHIP.—[Amended Pub. L. 105–246, set
60101]. out as a note below.]
‘‘(f) DISCLOSURE TO CONGRESS.—Nothing in this sec- ‘‘(c) FUNCTIONS.—Not later than 1 year after the date
tion shall be construed to authorize the withholding of of the enactment of this Act [Dec. 27, 2000], the Inter-
information from the appropriate committees of Con- agency Group shall, to the greatest extent possible con-
gress.’’ sistent with section 803—
‘‘(1) locate, identify, inventory, recommend for de-
DISCLOSURE OF ARSON, EXPLOSIVE, OR FIREARM
classification, and make available to the public at
RECORDS
the National Archives and Records Administration,
Pub. L. 108–7, div. J, title VI, § 644, Feb. 20, 2003, 117 all classified Japanese Imperial Government records
Stat. 473, provided that: ‘‘No funds appropriated under of the United States;
this Act or any other Act with respect to any fiscal ‘‘(2) coordinate with agencies and take such actions
year shall be available to take any action based upon as necessary to expedite the release of such records to
any provision of 5 U.S.C. 552 with respect to records the public; and
collected or maintained pursuant to 18 U.S.C. 846(b), ‘‘(3) submit a report to Congress, including the
923(g)(3) or 923(g)(7), or provided by Federal, State, Committee on Government Reform [now Committee
local, or foreign law enforcement agencies in connec- on Oversight and Accountability] and the Permanent
tion with arson or explosives incidents or the tracing of Select Committee on Intelligence of the House of
a firearm, except that such records may continue to be Representatives, and the Committee on the Judiciary
disclosed to the extent and in the manner that records and the Select Committee on Intelligence of the Sen-
Page 115 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

ate, describing all such records, the disposition of who was persecuted in the manner described in section
such records, and the activities of the Interagency 802(a)(3) and who requests a Japanese Imperial Govern-
Group and agencies under this section. ment record shall be deemed to have a compelling need
‘‘(d) FUNDING.—There is authorized to be appropriated for such record.
such sums as may be necessary to carry out the provi- ‘‘SEC. 805. EFFECTIVE DATE.
sions of this title.
‘‘The provisions of this title shall take effect on the
‘‘SEC. 803. REQUIREMENT OF DISCLOSURE OF date that is 90 days after the date of the enactment of
RECORDS. this Act [Dec. 27, 2000].’’
‘‘(a) RELEASE OF RECORDS.—Subject to subsections
(b), (c), and (d), the Japanese Imperial Government NAZI WAR CRIMES DISCLOSURE
Records Interagency Working Group shall release in Pub. L. 105–246, Oct. 8, 1998, 112 Stat. 1859, as amended
their entirety Japanese Imperial Government records. by Pub. L. 106–567, § 802(b)(2), Dec. 27, 2000, 114 Stat. 2865,
‘‘(b) EXEMPTIONS.—An agency head may exempt from provided that:
release under subsection (a) specific information, that
‘‘SECTION 1. SHORT TITLE.
would—
‘‘(1) constitute an unwarranted invasion of personal ‘‘This Act may be cited as the ‘Nazi War Crimes Dis-
privacy; closure Act’.
‘‘(2) reveal the identity of a confidential human ‘‘SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL
source, or reveal information about an intelligence RECORDS INTERAGENCY WORKING GROUP.
source or method when the unauthorized disclosure of ‘‘(a) DEFINITIONS.—In this section the term—
that source or method would damage the national se- ‘‘(1) ‘agency’ has the meaning given such term
curity interests of the United States; under section 551 of title 5, United States Code;
‘‘(3) reveal information that would assist in the de- ‘‘(2) ‘Interagency Group’ means the Nazi War Crimi-
velopment or use of weapons of mass destruction; nal Records Interagency Working Group [redesig-
‘‘(4) reveal information that would impair United nated Nazi War Crimes and Japanese Imperial Gov-
States cryptologic systems or activities; ernment Records Interagency Working Group, see
‘‘(5) reveal information that would impair the ap- section 802(b)(1) of Pub. L. 106–567, set out above] es-
plication of state-of-the-art technology within a tablished under subsection (b);
United States weapon system; ‘‘(3) ‘Nazi war criminal records’ has the meaning
‘‘(6) reveal United States military war plans that given such term under section 3 of this Act; and
remain in effect; ‘‘(4) ‘record’ means a Nazi war criminal record.
‘‘(7) reveal information that would impair relations ‘‘(b) ESTABLISHMENT OF INTERAGENCY GROUP.—
between the United States and a foreign government, ‘‘(1) IN GENERAL.—Not later than 60 days after the
or undermine ongoing diplomatic activities of the date of enactment of this Act [Oct. 8, 1998], the Presi-
United States; dent shall establish the Nazi War Criminal Records
‘‘(8) reveal information that would impair the cur- Interagency Working Group, which shall remain in
rent ability of United States Government officials to existence for 3 years after the date the Interagency
protect the President, Vice President, and other offi- Group is established.
cials for whom protection services are authorized in ‘‘(2) MEMBERSHIP.—The President shall appoint to
the interest of national security; the Interagency Group individuals whom the Presi-
‘‘(9) reveal information that would impair current dent determines will most completely and effectively
national security emergency preparedness plans; or carry out the functions of the Interagency Group
‘‘(10) violate a treaty or other international agree- within the time limitations provided in this section,
ment. including the Director of the Holocaust Museum, the
‘‘(c) APPLICATIONS OF EXEMPTIONS.— Historian of the Department of State, the Archivist
‘‘(1) IN GENERAL.—In applying the exemptions pro- of the United States, the head of any other agency
vided in paragraphs (2) through (10) of subsection (b), the President considers appropriate, and no more
there shall be a presumption that the public interest
than 4 other persons who shall be members of the
will be served by disclosure and release of the records
public, of whom 3 shall be persons appointed under
of the Japanese Imperial Government. The exemption
the provisions of this Act in effect on October 8,
may be asserted only when the head of the agency
1998..[sic] The head of an agency appointed by the
that maintains the records determines that disclo-
President may designate an appropriate officer to
sure and release would be harmful to a specific inter-
serve on the Interagency Group in lieu of the head of
est identified in the exemption. An agency head who
such agency.
makes such a determination shall promptly report it ‘‘(3) INITIAL MEETING.—Not later than 90 days after
to the committees of Congress with appropriate juris- the date of enactment of this Act, the Interagency
diction, including the Committee on the Judiciary Group shall hold an initial meeting and begin the
and the Select Committee on Intelligence of the Sen- functions required under this section.
ate and the Committee on Government Reform [now ‘‘(c) FUNCTIONS.—Not later than 1 year after the date
Committee on Oversight and Accountability] and the of enactment of this Act [Oct. 8, 1998], the Interagency
Permanent Select Committee on Intelligence of the Group shall, to the greatest extent possible consistent
House of Representatives. with section 3 of this Act—
‘‘(2) APPLICATION OF TITLE 5.—A determination by ‘‘(1) locate, identify, inventory, recommend for de-
an agency head to apply an exemption provided in classification, and make available to the public at
paragraphs (2) through (9) of subsection (b) shall be the National Archives and Records Administration,
subject to the same standard of review that applies in all classified Nazi war criminal records of the United
the case of records withheld under section 552(b)(1) of States;
title 5, United States Code. ‘‘(2) coordinate with agencies and take such actions
‘‘(d) RECORDS RELATED TO INVESTIGATIONS OR PROS- as necessary to expedite the release of such records to
ECUTIONS.—This section shall not apply to records— the public; and
‘‘(1) related to or supporting any active or inactive ‘‘(3) submit a report to Congress, including the
investigation, inquiry, or prosecution by the Office of Committee on the Judiciary of the Senate and the
Special Investigations of the Department of Justice; Committee on Government Reform and Oversight
or [now Committee on Oversight and Accountability] of
‘‘(2) solely in the possession, custody, or control of the House of Representatives, describing all such
the Office of Special Investigations. records, the disposition of such records, and the ac-
‘‘SEC. 804. EXPEDITED PROCESSING OF REQUESTS tivities of the Interagency Group and agencies under
FOR JAPANESE IMPERIAL GOVERNMENT this section.
RECORDS. ‘‘(d) FUNDING.—There are authorized to be appro-
‘‘For purposes of expedited processing under section priated such sums as may be necessary to carry out the
552(a)(6)(E) of title 5, United States Code, any person provisions of this Act.
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 116

‘‘SEC. 3. REQUIREMENT OF DISCLOSURE OF public interest in the release of Nazi war criminal
RECORDS REGARDING PERSONS WHO COM- records will be served by disclosure and release of
MITTED NAZI WAR CRIMES. the records. Assertion of such exemption may only
‘‘(a) NAZI WAR CRIMINAL RECORDS.—For purposes of be made when the agency head determines that dis-
this Act, the term ‘Nazi war criminal records’ means closure and release would be harmful to a specific
classified records or portions of records that— interest identified in the exemption. An agency
‘‘(1) pertain to any person with respect to whom the head who makes such a determination shall
United States Government, in its sole discretion, has promptly report it to the committees of Congress
grounds to believe ordered, incited, assisted, or other- with appropriate jurisdiction, including the Com-
wise participated in the persecution of any person be- mittee on the Judiciary of the Senate and the Com-
cause of race, religion, national origin, or political mittee on Government Reform and Oversight [now
opinion, during the period beginning on March 23, Committee on Oversight and Accountability] of the
1933, and ending on May 8, 1945, under the direction House of Representatives. The exemptions set forth
of, or in association with— in paragraph (2) shall constitute the only authority
‘‘(A) the Nazi government of Germany; pursuant to which an agency head may exempt
‘‘(B) any government in any area occupied by the records otherwise subject to release under para-
military forces of the Nazi government of Germany; graph (1).
‘‘(C) any government established with the assist- ‘‘(B) APPLICATION OF TITLE 5.—A determination by
ance or cooperation of the Nazi government of Ger- an agency head to apply an exemption listed in sub-
many; or paragraphs (B) through (I) of paragraph (2) shall be
‘‘(D) any government which was an ally of the subject to the same standard of review that applies
Nazi government of Germany; or in the case of records withheld under section
‘‘(2) pertain to any transaction as to which the 552(b)(1) of title 5, United States Code.
United States Government, in its sole discretion, has ‘‘(4) LIMITATION ON APPLICATION.—This subsection
grounds to believe— shall not apply to records—
‘‘(A) involved assets taken from persecuted per- ‘‘(A) related to or supporting any active or inac-
sons during the period beginning on March 23, 1933, tive investigation, inquiry, or prosecution by the
and ending on May 8, 1945, by, under the direction Office of Special Investigations of the Department
of, on behalf of, or under authority granted by the of Justice; or
Nazi government of Germany or any nation then al- ‘‘(B) solely in the possession, custody, or control
lied with that government; and of that office.
‘‘(B) such transaction was completed without the ‘‘(c) INAPPLICABILITY OF NATIONAL SECURITY ACT OF
assent of the owners of those assets or their heirs 1947 EXEMPTION.—Section 701(a) of the National Secu-
or assigns or other legitimate representatives. rity Act of 1947 (50 U.S.C. 431[(a)]) [now 50 U.S.C.
‘‘(b) RELEASE OF RECORDS.— 3141(a)] shall not apply to any operational file, or any
‘‘(1) IN GENERAL.—Subject to paragraphs (2), (3), and portion of any operational file, that constitutes a Nazi
(4), the Nazi War Criminal Records Interagency war criminal record under section 3 of this Act.
Working Group shall release in their entirety Nazi ‘‘SEC. 4. EXPEDITED PROCESSING OF FOIA RE-
war criminal records that are described in subsection QUESTS FOR NAZI WAR CRIMINAL RECORDS.
(a). ‘‘(a) EXPEDITED PROCESSING.—For purposes of expe-
‘‘(2) EXCEPTION FOR PRIVACY, ETC.—An agency head dited processing under section 552(a)(6)(E) of title 5,
may exempt from release under paragraph (1) specific United States Code, any requester of a Nazi war crimi-
information, that would— nal record shall be deemed to have a compelling need
‘‘(A) constitute a clearly unwarranted invasion of
for such record.
personal privacy; ‘‘(b) REQUESTER.—For purposes of this section, the
‘‘(B) reveal the identity of a confidential human term ‘requester’ means any person who was persecuted
source, or reveal information about the application in the manner described under section 3(a)(1) of this
of an intelligence source or method, or reveal the Act who requests a Nazi war criminal record.
identity of a human intelligence source when the
unauthorized disclosure of that source would clear- ‘‘SEC. 5. EFFECTIVE DATE.
ly and demonstrably damage the national security ‘‘This Act and the amendments made by this Act
interests of the United States; shall take effect on the date that is 90 days after the
‘‘(C) reveal information that would assist in the date of enactment of this Act [Oct. 8, 1998].’’
development or use of weapons of mass destruction; CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE;
‘‘(D) reveal information that would impair United
PUBLIC ACCESS TO INFORMATION IN ELECTRONIC FOR-
States cryptologic systems or activities;
MAT
‘‘(E) reveal information that would impair the ap-
plication of state-of-the-art technology within a Pub. L. 104–231, § 2, Oct. 2, 1996, 110 Stat. 3048, provided
United States weapon system; that:
‘‘(F) reveal actual United States military war ‘‘(a) FINDINGS.—The Congress finds that—
plans that remain in effect; ‘‘(1) the purpose of section 552 of title 5, United
‘‘(G) reveal information that would seriously and States Code, popularly known as the Freedom of In-
demonstrably impair relations between the United formation Act, is to require agencies of the Federal
States and a foreign government, or seriously and Government to make certain agency information
demonstrably undermine ongoing diplomatic ac- available for public inspection and copying and to es-
tivities of the United States; tablish and enable enforcement of the right of any
‘‘(H) reveal information that would clearly and person to obtain access to the records of such agen-
demonstrably impair the current ability of United cies, subject to statutory exemptions, for any public
States Government officials to protect the Presi- or private purpose;
dent, Vice President, and other officials for whom ‘‘(2) since the enactment of the Freedom of Infor-
protection services, in the interest of national secu- mation Act in 1966, and the amendments enacted in
rity, are authorized; 1974 and 1986, the Freedom of Information Act has
‘‘(I) reveal information that would seriously and been a valuable means through which any person can
demonstrably impair current national security learn how the Federal Government operates;
emergency preparedness plans; or ‘‘(3) the Freedom of Information Act has led to the
‘‘(J) violate a treaty or international agreement. disclosure of waste, fraud, abuse, and wrongdoing in
‘‘(3) APPLICATION OF EXEMPTIONS.— the Federal Government;
‘‘(A) IN GENERAL.—In applying the exemptions ‘‘(4) the Freedom of Information Act has led to the
listed in subparagraphs (B) through (J) of para- identification of unsafe consumer products, harmful
graph (2), there shall be a presumption that the drugs, and serious health hazards;
Page 117 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

‘‘(5) Government agencies increasingly use com- tablish procedures to notify submitters of records con-
puters to conduct agency business and to store pub- taining confidential commercial information as de-
licly valuable agency records and information; and scribed in section 3 of this Order, when those records
‘‘(6) Government agencies should use new tech- are requested under the Freedom of Information Act
nology to enhance public access to agency records [FOIA], 5 U.S.C. 552, as amended, if after reviewing the
and information. request, the responsive records, and any appeal by the
‘‘(b) PURPOSES.—The purposes of this Act [see Short requester, the department or agency determines that it
Title of 1996 Amendment note above] are to— may be required to disclose the records. Such notice re-
‘‘(1) foster democracy by ensuring public access to quires that an agency use good-faith efforts to advise
agency records and information; submitters of confidential commercial information of
‘‘(2) improve public access to agency records and in- the procedures established under this Order. Further,
formation; where notification of a voluminous number of submit-
‘‘(3) ensure agency compliance with statutory time ters is required, such notification may be accomplished
limits; and by posting or publishing the notice in a place reason-
‘‘(4) maximize the usefulness of agency records and ably calculated to accomplish notification.
information collected, maintained, used, retained, SEC. 2. For purposes of this Order, the following defi-
and disseminated by the Federal Government.’’ nitions apply:
(a) ‘‘Confidential commercial information’’ means
FREEDOM OF INFORMATION ACT EXEMPTION FOR records provided to the government by a submitter
CERTAIN OPEN SKIES TREATY DATA that arguably contain material exempt from release
under Exemption 4 of the Freedom of Information Act,
Pub. L. 103–236, title V, § 533, Apr. 30, 1994, 108 Stat.
5 U.S.C. 552(b)(4), because disclosure could reasonably
480, provided that:
be expected to cause substantial competitive harm.
‘‘(a) IN GENERAL.—Data with respect to a foreign (b) ‘‘Submitter’’ means any person or entity who pro-
country collected by sensors during observation flights vides confidential commercial information to the gov-
conducted in connection with the Treaty on Open ernment. The term ‘‘submitter’’ includes, but is not
Skies, including flights conducted prior to entry into limited to, corporations, state governments, and for-
force of the treaty, shall be exempt from disclosure eign governments.
under the Freedom of Information Act— SEC. 3. (a) For confidential commercial information
‘‘(1) if the country has not disclosed the data to the submitted prior to January 1, 1988, the head of each Ex-
public; and ecutive department or agency shall, to the extent per-
‘‘(2) if the country has not, acting through the Open mitted by law, provide a submitter with notice pursu-
Skies Consultative Commission or any other diplo- ant to section 1 whenever:
matic channel, authorized the United States to dis- (i) the records are less than 10 years old and the infor-
close the data to the public. mation has been designated by the submitter as con-
‘‘(b) STATUTORY CONSTRUCTION.—This section con- fidential commercial information; or
stitutes a specific exemption within the meaning of (ii) the department or agency has reason to believe
section 552(b)(3) of title 5, United States Code. that disclosure of the information could reasonably be
‘‘(c) DEFINITIONS.—For the purposes of this section— expected to cause substantial competitive harm.
‘‘(1) the term ‘Freedom of Information Act’ means (b) For confidential commercial information sub-
the provisions of section 552 of title 5, United States mitted on or after January 1, 1988, the head of each Ex-
Code; ecutive department or agency shall, to the extent per-
‘‘(2) the term ‘Open Skies Consultative Commis- mitted by law, establish procedures to permit submit-
sion’ means the commission established pursuant to ters of confidential commercial information to des-
Article X of the Treaty on Open Skies; and ignate, at the time the information is submitted to the
‘‘(3) the term ‘Treaty on Open Skies’ means the Federal government or a reasonable time thereafter,
Treaty on Open Skies, signed at Helsinki on March any information the disclosure of which the submitter
24, 1992.’’ claims could reasonably be expected to cause substan-
tial competitive harm. Such agency procedures may
Executive Documents provide for the expiration, after a specified period of
time or changes in circumstances, of designations of
CLASSIFIED NATIONAL SECURITY INFORMATION competitive harm made by submitters. Additionally,
such procedures may permit the agency to designate
For provisions relating to a response to a request for
specific classes of information that will be treated by
information under this section when the fact of its ex-
the agency as if the information had been so designated
istence or nonexistence is itself classified or when it
by the submitter. The head of each Executive depart-
was originally classified by another agency, see Ex.
ment or agency shall, to the extent permitted by law,
Ord. No. 13526, § 3.6, Dec. 29, 2009, 75 F.R. 718, set out as
provide the submitter notice in accordance with sec-
a note under section 3161 of Title 50, War and National
tion 1 of this Order whenever the department or agency
Defense.
determines that it may be required to disclose records:
EXECUTIVE ORDER NO. 12174 (i) designated pursuant to this subsection; or
(ii) the disclosure of which the department or agency
Ex. Ord. No. 12174, Nov. 30, 1979, 44 F.R. 69609, which has reason to believe could reasonably be expected to
related to minimizing Federal paperwork, was revoked cause substantial competitive harm.
by Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, for- SEC. 4. When notification is made pursuant to section
merly set out as a note under section 601 of this title. 1, each agency’s procedures shall, to the extent per-
EX. ORD. NO. 12600. PREDISCLOSURE NOTIFICATION PROCE- mitted by law, afford the submitter a reasonable period
DURES FOR CONFIDENTIAL COMMERCIAL INFORMATION
of time in which the submitter or its designee may ob-
ject to the disclosure of any specified portion of the in-
Ex. Ord. No. 12600, June 23, 1987, 52 F.R. 23781, pro- formation and to state all grounds upon which disclo-
vided: sure is opposed.
By the authority vested in me as President by the SEC. 5. Each agency shall give careful consideration
Constitution and statutes of the United States of to all such specified grounds for nondisclosure prior to
America, and in order to provide predisclosure notifica- making an administrative determination of the issue.
tion procedures under the Freedom of Information Act In all instances when the agency determines to disclose
[5 U.S.C. 552] concerning confidential commercial infor- the requested records, its procedures shall provide that
mation, and to make existing agency notification pro- the agency give the submitter a written statement
visions more uniform, it is hereby ordered as follows: briefly explaining why the submitter’s objections are
SECTION 1. The head of each Executive department not sustained. Such statement shall, to the extent per-
and agency subject to the Freedom of Information Act mitted by law, be provided a reasonable number of days
[5 U.S.C. 552] shall, to the extent permitted by law, es- prior to a specified disclosure date.
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 118

SEC. 6. Whenever a FOIA requester brings suit seek- the Act. The Working Group shall coordinate with
ing to compel disclosure of confidential commercial in- agencies and take such actions as necessary to expedite
formation, each agency’s procedures shall require that the release of such records to the public.
the submitter be promptly notified. SEC. 2. Schedule. The Working Group should complete
SEC. 7. The designation and notification procedures its work to the greatest extent possible and report to
required by this Order shall be established by regula- the Congress within 1 year.
tions, after notice and public comment. If similar pro- SEC. 3. Membership. (a) The Working Group shall be
cedures or regulations already exist, they should be re- composed of the following members:
viewed for conformity and revised where necessary. Ex- (1) Archivist of the United States (who shall serve as
isting procedures or regulations need not be modified if Chair of the Working Group);
they are in compliance with this Order. (2) Secretary of Defense;
SEC. 8. The notice requirements of this Order need (3) Attorney General;
not be followed if: (4) Director of Central Intelligence;
(a) The agency determines that the information (5) Director of the Federal Bureau of Investigation;
should not be disclosed; (6) Director of the United States Holocaust Memorial
(b) The information has been published or has been Museum;
(7) Historian of the Department of State; and
officially made available to the public;
(8) Three other persons appointed by the President.
(c) Disclosure of the information is required by law
(b) The Senior Director for Records and Access Man-
(other than 5 U.S.C. 552);
agement of the National Security Council will serve as
(d) The disclosure is required by an agency rule that
the liaison to and attend the meetings of the Working
(1) was adopted pursuant to notice and public comment,
Group. Members of the Working Group who are full-
(2) specifies narrow classes of records submitted to the
time Federal officials may serve on the Working Group
agency that are to be released under the Freedom of In-
through designees.
formation Act [5 U.S.C. 552], and (3) provides in excep- SEC. 4. Administration. (a) To the extent permitted by
tional circumstances for notice when the submitter law and subject to the availability of appropriations,
provides written justification, at the time the informa- the National Archives and Records Administration
tion is submitted or a reasonable time thereafter, that shall provide the Working Group with funding, admin-
disclosure of the information could reasonably be ex- istrative services, facilities, staff, and other support
pected to cause substantial competitive harm; services necessary for the performance of the functions
(e) The information requested is not designated by of the Working Group.
the submitter as exempt from disclosure in accordance (b) The Working Group shall terminate 3 years from
with agency regulations promulgated pursuant to sec- the date of this Executive order.
tion 7, when the submitter had an opportunity to do so
at the time of submission of the information or a rea- WILLIAM J. CLINTON.
sonable time thereafter, unless the agency has substan- EX. ORD. NO. 13392. IMPROVING AGENCY DISCLOSURE OF
tial reason to believe that disclosure of the information INFORMATION
would result in competitive harm; or
(f) The designation made by the submitter in accord- Ex. Ord. No. 13392, Dec. 14, 2005, 70 F.R. 75373, pro-
ance with agency regulations promulgated pursuant to vided:
By the authority vested in me as President by the
section 7 appears obviously frivolous; except that, in
Constitution and the laws of the United States of
such case, the agency must provide the submitter with
America, and to ensure appropriate agency disclosure
written notice of any final administrative disclosure
of information, and consistent with the goals of section
determination within a reasonable number of days
552 of title 5, United States Code, it is hereby ordered
prior to the specified disclosure date.
as follows:
SEC. 9. Whenever an agency notifies a submitter that
SECTION 1. Policy.
it may be required to disclose information pursuant to
(a) The effective functioning of our constitutional de-
section 1 of this Order, the agency shall also notify the
mocracy depends upon the participation in public life
requester that notice and an opportunity to comment
of a citizenry that is well informed. For nearly four
are being provided the submitter. Whenever an agency
decades, the Freedom of Information Act (FOIA) [5
notifies a submitter of a final decision pursuant to sec-
U.S.C. 552] has provided an important means through
tion 5 of this Order, the agency shall also notify the re-
which the public can obtain information regarding the
quester.
activities of Federal agencies. Under the FOIA, the
SEC. 10. This Order is intended only to improve the
public can obtain records from any Federal agency,
internal management of the Federal government, and
subject to the exemptions enacted by the Congress to
is not intended to create any right or benefit, sub-
protect information that must be held in confidence for
stantive or procedural, enforceable at law by a party
the Government to function effectively or for other
against the United States, its agencies, its officers, or
purposes.
any person.
(b) FOIA requesters are seeking a service from the
RONALD REAGAN. Federal Government and should be treated as such. Ac-
EX. ORD. NO. 13110. NAZI WAR CRIMES AND JAPANESE IM- cordingly, in responding to a FOIA request, agencies
PERIAL GOVERNMENT RECORDS INTERAGENCY WORKING
shall respond courteously and appropriately. Moreover,
GROUP agencies shall provide FOIA requesters, and the public
in general, with citizen-centered ways to learn about
Ex. Ord. No. 13110, Jan. 11, 1999, 64 F.R. 2419, provided: the FOIA process, about agency records that are pub-
By the authority vested in me as President by the licly available (e.g., on the agency’s website), and
Constitution and the laws of the United States of about the status of a person’s FOIA request and appro-
America, including the Nazi War Crimes Disclosure Act priate information about the agency’s response.
(Public Law 105–246) (the ‘‘Act’’) [5 U.S.C. 552 note], it (c) Agency FOIA operations shall be both results-ori-
is hereby ordered as follows: ented and produce results. Accordingly, agencies shall
SECTION 1. Establishment of Working Group. There is process requests under the FOIA in an efficient and ap-
hereby established the Nazi War Criminal Records propriate manner and achieve tangible, measurable im-
Interagency Working Group [now Nazi War Crimes and provements in FOIA processing. When an agency’s
Japanese Imperial Government Records Interagency FOIA program does not produce such results, it should
Working Group] (Working Group). The function of the be reformed, consistent with available resources appro-
Group shall be to locate, inventory, recommend for de- priated by the Congress and applicable law, to increase
classification, and make available to the public at the efficiency and better reflect the policy goals and objec-
National Archives and Records Administration all clas- tives of this order.
sified Nazi war criminal records of the United States, (d) A citizen-centered and results-oriented approach
subject to certain designated exceptions as provided in will improve service and performance, thereby
Page 119 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552

strengthening compliance with the FOIA, and will help appropriate staff to receive and respond to inquiries
avoid disputes and related litigation. from FOIA requesters;
SEC. 2. Agency Chief FOIA Officers. (v) As determined by the agency Chief FOIA Officer,
(a) Designation. The head of each agency shall des- in consultation with the FOIA Public Liaisons, each
ignate within 30 days of the date of this order a senior agency shall post appropriate information about its
official of such agency (at the Assistant Secretary or Center or Centers on the agency’s website, including
equivalent level), to serve as the Chief FOIA Officer of contact information for its FOIA Public Liaisons. In
that agency. The head of the agency shall promptly no- the case of an agency without a website, the agency
tify the Director of the Office of Management and shall publish the information on the Firstgov.gov
Budget (OMB Director) and the Attorney General of website or, in the case of any agency with neither a
such designation and of any changes thereafter in such website nor the capability to post on the Firstgov.gov
designation. website, in the Federal Register; and
(b) General Duties. The Chief FOIA Officer of each (vi) The agency Chief FOIA Officer shall ensure that
agency shall, subject to the authority of the head of the agency has in place a method (or methods), includ-
the agency: ing through the use of the Center, to receive and re-
(i) have agency-wide responsibility for efficient and spond promptly and appropriately to inquiries from
appropriate compliance with the FOIA; FOIA requesters about the status of their requests. The
(ii) monitor FOIA implementation throughout the Chief FOIA Officer shall also consider, in consultation
agency, including through the use of meetings with the with the FOIA Public Liaisons, as appropriate, whether
public to the extent deemed appropriate by the agen- the agency’s implementation of other means (such as
cy’s Chief FOIA Officer, and keep the head of the agen- tracking numbers for requests, or an agency telephone
cy, the chief legal officer of the agency, and the Attor- or Internet hotline) would be appropriate for respond-
ney General appropriately informed of the agency’s ing to status inquiries.
performance in implementing the FOIA, including the SEC. 3. Review, Plan, and Report.
extent to which the agency meets the milestones in the (a) Review. Each agency’s Chief FOIA Officer shall
agency’s plan under section 3(b) of this order and train- conduct a review of the agency’s FOIA operations to
ing and reporting standards established consistent with determine whether agency practices are consistent
applicable law and this order; with the policies set forth in section 1 of this order. In
(iii) recommend to the head of the agency such ad- conducting this review, the Chief FOIA Officer shall:
justments to agency practices, policies, personnel, and (i) evaluate, with reference to numerical and statis-
funding as may be necessary to carry out the policy set tical benchmarks where appropriate, the agency’s ad-
forth in section 1 of this order; ministration of the FOIA, including the agency’s ex-
(iv) review and report, through the head of the agen- penditure of resources on FOIA compliance and the ex-
cy, at such times and in such formats as the Attorney tent to which, if any, requests for records have not been
General may direct, on the agency’s performance in im- responded to within the statutory time limit (backlog);
plementing the FOIA; and (ii) review the processes and practices by which the
(v) facilitate public understanding of the purposes of agency assists and informs the public regarding the
the FOIA’s statutory exemptions by including concise FOIA process;
descriptions of the exemptions in both the agency’s (iii) examine the agency’s:
FOIA handbook issued under section 552(g) of title 5, (A) use of information technology in responding to
United States Code, and the agency’s annual FOIA re- FOIA requests, including without limitation the
port, and by providing an overview, where appropriate, tracking of FOIA requests and communication with
of certain general categories of agency records to requesters;
which those exemptions apply. (B) practices with respect to requests for expedited
(c) FOIA Requester Service Center and FOIA Public Liai- processing; and
sons. In order to ensure appropriate communication (C) implementation of multi-track processing if
with FOIA requesters: used by such agency;
(i) Each agency shall establish one or more FOIA Re- (iv) review the agency’s policies and practices relat-
quester Service Centers (Center), as appropriate, which ing to the availability of public information through
shall serve as the first place that a FOIA requester can websites and other means, including the use of websites
contact to seek information concerning the status of to make available the records described in section
the person’s FOIA request and appropriate information 552(a)(2) of title 5, United States Code; and
about the agency’s FOIA response. The Center shall in- (v) identify ways to eliminate or reduce its FOIA
clude appropriate staff to receive and respond to in- backlog, consistent with available resources and taking
quiries from FOIA requesters; into consideration the volume and complexity of the
(ii) The agency Chief FOIA Officer shall designate one FOIA requests pending with the agency.
or more agency officials, as appropriate, as FOIA Pub- (b) Plan.
lic Liaisons, who may serve in the Center or who may (i) Each agency’s Chief FOIA Officer shall develop, in
serve in a separate office. FOIA Public Liaisons shall consultation as appropriate with the staff of the agency
serve as supervisory officials to whom a FOIA requester (including the FOIA Public Liaisons), the Attorney
can raise concerns about the service the FOIA re- General, and the OMB Director, an agency-specific plan
quester has received from the Center, following an ini- to ensure that the agency’s administration of the FOIA
tial response from the Center staff. FOIA Public Liai- is in accordance with applicable law and the policies
sons shall seek to ensure a service-oriented response to set forth in section 1 of this order. The plan, which
FOIA requests and FOIA-related inquiries. For exam- shall be submitted to the head of the agency for ap-
ple, the FOIA Public Liaison shall assist, as appro- proval, shall address the agency’s implementation of
priate, in reducing delays, increasing transparency and the FOIA during fiscal years 2006 and 2007.
understanding of the status of requests, and resolving (ii) The plan shall include specific activities that the
disputes. FOIA Public Liaisons shall report to the agency will implement to eliminate or reduce the agen-
agency Chief FOIA Officer on their activities and shall cy’s FOIA backlog, including (as applicable) changes
perform their duties consistent with applicable law and that will make the processing of FOIA requests more
agency regulations; streamlined and effective, as well as increased reliance
(iii) In addition to the services to FOIA requesters on the dissemination of records that can be made avail-
provided by the Center and FOIA Public Liaisons, the able to the public through a website or other means
agency Chief FOIA Officer shall also consider what that do not require the public to make a request for the
other FOIA-related assistance to the public should ap- records under the FOIA.
propriately be provided by the agency; (iii) The plan shall also include activities to increase
(iv) In establishing the Centers and designating FOIA public awareness of FOIA processing, including as ap-
Public Liaisons, the agency shall use, as appropriate, propriate, expanded use of the agency’s Center and its
existing agency staff and resources. A Center shall have FOIA Public Liaisons.
§ 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 120

(iv) The plan shall also include, taking appropriate (i) shall be implemented in a manner consistent with
account of the resources available to the agency and applicable law and subject to the availability of appro-
the mission of the agency, concrete milestones, with priations;
specific timetables and outcomes to be achieved, by (ii) shall not be construed to impair or otherwise af-
which the head of the agency, after consultation with fect the functions of the OMB Director relating to
the OMB Director, shall measure and evaluate the budget, legislative, or administrative proposals; and
agency’s success in the implementation of the plan. (iii) is intended only to improve the internal manage-
(c) Agency Reports to the Attorney General and OMB Di- ment of the executive branch and is not intended to,
rector. and does not, create any right or benefit, substantive
(i) The head of each agency shall submit a report, no or procedural, enforceable at law or in equity by a
later than 6 months from the date of this order, to the party against the United States, its departments, agen-
Attorney General and the OMB Director that summa- cies, instrumentalities, or entities, its officers or em-
rizes the results of the review under section 3(a) of this ployees, or any other person.
order and encloses a copy of the agency’s plan under GEORGE W. BUSH.
section 3(b) of this order. The agency shall publish a
EX. ORD. NO. 13642. MAKING OPEN AND MACHINE READ-
copy of the agency’s report on the agency’s website or,
ABLE THE NEW DEFAULT FOR GOVERNMENT INFORMA-
in the case of an agency without a website, on the
TION
Firstgov.gov website, or, in the case of any agency with
neither a website nor the capability to publish on the Ex. Ord. No. 13642, May 9, 2013, 78 F.R. 28111, provided:
Firstgov.gov website, in the Federal Register. By the authority vested in me as President by the
(ii) The head of each agency shall include in the agen- Constitution and the laws of the United States of
cy’s annual FOIA reports for fiscal years 2006 and 2007 America, it is hereby ordered as follows:
a report on the agency’s development and implementa- SECTION 1. General Principles. Openness in government
tion of its plan under section 3(b) of this order and on strengthens our democracy, promotes the delivery of
the agency’s performance in meeting the milestones set efficient and effective services to the public, and con-
forth in that plan, consistent with any related guide- tributes to economic growth. As one vital benefit of
lines the Attorney General may issue under section open government, making information resources easy
552(e) of title 5, United States Code. to find, accessible, and usable can fuel entrepreneur-
(iii) If the agency does not meet a milestone in its ship, innovation, and scientific discovery that improves
plan, the head of the agency shall: Americans’ lives and contributes significantly to job
(A) identify this deficiency in the annual FOIA re- creation.
port to the Attorney General; Decades ago, the U.S. Government made both weath-
(B) explain in the annual report the reasons for the er data and the Global Positioning System freely avail-
agency’s failure to meet the milestone; able. Since that time, American entrepreneurs and
(C) outline in the annual report the steps that the innovators have utilized these resources to create navi-
agency has already taken, and will be taking, to ad- gation systems, weather newscasts and warning sys-
dress the deficiency; and tems, location-based applications, precision farming
(D) report this deficiency to the President’s Man- tools, and much more, improving Americans’ lives in
agement Council. countless ways and leading to economic growth and job
SEC. 4. Attorney General. creation. In recent years, thousands of Government
(a) Report. The Attorney General, using the reports data resources across fields such as health and medi-
submitted by the agencies under subsection 3(c)(i) of cine, education, energy, public safety, global develop-
this order and the information submitted by agencies ment, and finance have been posted in machine-read-
in their annual FOIA reports for fiscal year 2005, shall able form for free public use on Data.gov. Entre-
submit to the President, no later than 10 months from preneurs and innovators have continued to develop a
the date of this order, a report on agency FOIA imple- vast range of useful new products and businesses using
mentation. The Attorney General shall consult the these public information resources, creating good jobs
OMB Director in the preparation of the report and shall in the process.
include in the report appropriate recommendations on To promote continued job growth, Government effi-
administrative or other agency actions for continued ciency, and the social good that can be gained from
agency dissemination and release of public informa- opening Government data to the public, the default
tion. The Attorney General shall thereafter submit two state of new and modernized Government information
further annual reports, by June 1, 2007, and June 1, 2008, resources shall be open and machine readable. Govern-
that provide the President with an update on the agen- ment information shall be managed as an asset
cies’ implementation of the FOIA and of their plans throughout its life cycle to promote interoperability
under section 3(b) of this order. and openness, and, wherever possible and legally per-
(b) Guidance. The Attorney General shall issue such missible, to ensure that data are released to the public
instructions and guidance to the heads of departments in ways that make the data easy to find, accessible,
and agencies as may be appropriate to implement sec- and usable. In making this the new default state, exec-
tions 3(b) and 3(c) of this order. utive departments and agencies (agencies) shall ensure
SEC. 5. OMB Director. The OMB Director may issue that they safeguard individual privacy, confidentiality,
such instructions to the heads of agencies as are nec- and national security.
essary to implement this order, other than sections 3(b) SEC. 2. Open Data Policy. (a) The Director of the Of-
and 3(c) of this order. fice of Management and Budget (OMB), in consultation
SEC. 6. Definitions. As used in this order: with the Chief Information Officer (CIO), Chief Tech-
(a) the term ‘‘agency’’ has the same meaning as the nology Officer (CTO), and Administrator of the Office
term ‘‘agency’’ under section 552(f)(1) of title 5, United of Information and Regulatory Affairs (OIRA), shall
States Code; and issue an Open Data Policy to advance the management
(b) the term ‘‘record’’ has the same meaning as the of Government information as an asset, consistent with
term ‘‘record’’ under section 552(f)(2) of title 5, United my memorandum of January 21, 2009 (Transparency and
States Code. Open Government), OMB Memorandum M–10–06 (Open
SEC. 7. General Provisions. Government Directive), OMB and National Archives
(a) The agency reviews under section 3(a) of this and Records Administration Memorandum M–12–18
order and agency plans under section 3(b) of this order (Managing Government Records Directive), the Office
shall be conducted and developed in accordance with of Science and Technology Policy Memorandum of Feb-
applicable law and applicable guidance issued by the ruary 22, 2013 (Increasing Access to the Results of Fed-
President, the Attorney General, and the OMB Direc- erally Funded Scientific Research), and the CIO’s strat-
tor, including the laws and guidance regarding informa- egy entitled ‘‘Digital Government: Building a 21st Cen-
tion technology and the dissemination of information. tury Platform to Better Serve the American People.’’
(b) This order: The Open Data Policy shall be updated as needed.
Page 121 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a

(b) Agencies shall implement the requirements of the A democracy requires accountability, and account-
Open Data Policy and shall adhere to the deadlines for ability requires transparency. As Justice Louis Bran-
specific actions specified therein. When implementing deis wrote, ‘‘sunlight is said to be the best of disinfect-
the Open Data Policy, agencies shall incorporate a full ants.’’ In our democracy, the Freedom of Information
analysis of privacy, confidentiality, and security risks Act (FOIA), which encourages accountability through
into each stage of the information lifecycle to identify transparency, is the most prominent expression of a
information that should not be released. These review profound national commitment to ensuring an open
processes should be overseen by the senior agency offi- Government. At the heart of that commitment is the
cial for privacy. It is vital that agencies not release in- idea that accountability is in the interest of the Gov-
formation if doing so would violate any law or policy, ernment and the citizenry alike.
or jeopardize privacy, confidentiality, or national secu- The Freedom of Information Act should be adminis-
rity. tered with a clear presumption: In the face of doubt,
SEC. 3. Implementation of the Open Data Policy. To fa- openness prevails. The Government should not keep in-
cilitate effective Government-wide implementation of formation confidential merely because public officials
the Open Data Policy, I direct the following: might be embarrassed by disclosure, because errors and
(a) Within 30 days of the issuance of the Open Data failures might be revealed, or because of speculative or
Policy, the CIO and CTO shall publish an open online abstract fears. Nondisclosure should never be based on
repository of tools and best practices to assist agencies an effort to protect the personal interests of Govern-
in integrating the Open Data Policy into their oper- ment officials at the expense of those they are supposed
ations in furtherance of their missions. The CIO and to serve. In responding to requests under the FOIA, ex-
CTO shall regularly update this online repository as ecutive branch agencies (agencies) should act promptly
needed to ensure it remains a resource to facilitate the and in a spirit of cooperation, recognizing that such
adoption of open data practices. agencies are servants of the public.
(b) Within 90 days of the issuance of the Open Data All agencies should adopt a presumption in favor of
Policy, the Administrator for Federal Procurement disclosure, in order to renew their commitment to the
Policy, Controller of the Office of Federal Financial principles embodied in FOIA, and to usher in a new era
Management, CIO, and Administrator of OIRA shall of open Government. The presumption of disclosure
work with the Chief Acquisition Officers Council, Chief should be applied to all decisions involving FOIA.
Financial Officers Council, Chief Information Officers The presumption of disclosure also means that agen-
Council, and Federal Records Council to identify and cies should take affirmative steps to make information
initiate implementation of measures to support the in- public. They should not wait for specific requests from
tegration of the Open Data Policy requirements into the public. All agencies should use modern technology
Federal acquisition and grant-making processes. Such to inform citizens about what is known and done by
efforts may include developing sample requirements their Government. Disclosure should be timely.
language, grant and contract language, and workforce I direct the Attorney General to issue new guidelines
tools for agency acquisition, grant, and information governing the FOIA to the heads of executive depart-
management and technology professionals. ments and agencies, reaffirming the commitment to ac-
(c) Within 90 days of the date of this order, the Chief countability and transparency, and to publish such
Performance Officer (CPO) shall work with the Presi- guidelines in the Federal Register. In doing so, the At-
dent’s Management Council to establish a Cross-Agen- torney General should review FOIA reports produced by
cy Priority (CAP) Goal to track implementation of the the agencies under Executive Order 13392 of December
Open Data Policy. The CPO shall work with agencies to 14, 2005. I also direct the Director of the Office of Man-
set incremental performance goals, ensuring they have agement and Budget to update guidance to the agencies
metrics and milestones in place to monitor advance- to increase and improve information dissemination to
ment toward the CAP Goal. Progress on these goals the public, including through the use of new tech-
shall be analyzed and reviewed by agency leadership, nologies, and to publish such guidance in the Federal
pursuant to the GPRA Modernization Act of 2010 (Pub- Register.
lic Law 111–352). This memorandum does not create any right or ben-
(d) Within 180 days of the date of this order, agencies efit, substantive or procedural, enforceable at law or in
shall report progress on the implementation of the CAP equity by any party against the United States, its de-
Goal to the CPO. Thereafter, agencies shall report partments, agencies, or entities, its officers, employ-
progress quarterly, and as appropriate. ees, or agents, or any other person.
SEC. 4. General Provisions. (a) Nothing in this order The Director of the Office of Management and Budget
shall be construed to impair or otherwise affect: is hereby authorized and directed to publish this memo-
(i) the authority granted by law to an executive de- randum in the Federal Register.
partment, agency, or the head thereof; or BARACK OBAMA.
(ii) the functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals. § 552a. Records maintained on individuals
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appro- (a) DEFINITIONS.—For purposes of this sec-
priations. tion—
(c) This order is not intended to, and does not, create (1) the term ‘‘agency’’ means agency as de-
any right or benefit, substantive or procedural, enforce- fined in section 552(e) 1 of this title;
able at law or in equity by any party against the (2) the term ‘‘individual’’ means a citizen of
United States, its departments, agencies, or entities, the United States or an alien lawfully admit-
its officers, employees, or agents, or any other person. ted for permanent residence;
(d) Nothing in this order shall compel or authorize
the disclosure of privileged information, law enforce- (3) the term ‘‘maintain’’ includes maintain,
ment information, national security information, per- collect, use, or disseminate;
sonal information, or information the disclosure of (4) the term ‘‘record’’ means any item, col-
which is prohibited by law. lection, or grouping of information about an
(e) Independent agencies are requested to adhere to individual that is maintained by an agency,
this order. including, but not limited to, his education, fi-
BARACK OBAMA. nancial transactions, medical history, and
FREEDOM OF INFORMATION ACT criminal or employment history and that con-
tains his name, or the identifying number,
Memorandum of President of the United States, Jan.
21, 2009, 74 F.R. 4683, provided:
symbol, or other identifying particular as-
Memorandum for the Heads of Executive Depart-
ments and Agencies 1 See References in Text note below.