TheFreedom of Information Act, 5 U.S.C.
§ 552, As Amended By
Public Law No. 110-175, 121 Stat.
2524, and
Public Law No. 111-83, § 564, 123 Stat. 2142, 2184
Below is the full text of the Freedom
of Information Act in a form showing all amendments to the statute made
by the “Openness Promotes Effectiveness
in our National Government Act of 2007” and the “OPEN FOIA Act of 2009.” All newly
enacted provisions are in boldface
type.
§ 552. Public information; agency
rules, opinions, orders,
records, and proceedings
(a) Each agency shall
make available to the public information
as follows:
(1)
Each agency shall separately
state and currently publish in the
Federal Register for the guidance of the public—
(A)
descriptions of its central and field organization and the established
places at which, the employees
(and in the case of a uniformed service, the members)
from whom, and the methods whereby,
the public may obtain information, make submittals
or requests, or obtain decisions;
(B)
statements of the general course
and method by which its
functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C)
rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers,
reports, or examinations;
(D)
substantive rules of general
applicability adopted
as authorized by law, and statements
of general policy or interpretations of general
applicability formulated and adopted by the agency;
and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent
that a person has actual and timely
notice of the terms thereof, a
person may not in any manner be
required to resort
to, or be adversely
affected by, a matter required to be published in the Federal
Register and not so
published. For the purpose of this paragraph, matter
reasonably available to the class of persons
affected thereby is deemed
published in the Federal Register
when incorporated by reference therein with the approval of the Director
of the Federal Register.
(2)
Each agency, in accordance
with published rules, shall make available for public inspection and copying—
(A)
final opinions, including
concurring and dissenting opinions,
as well as orders, made in the adjudication of
cases;
(B)
those statements of policy and interpretations which have been
adopted by the agency and are not published in the Federal
Register;
(C)
administrative staff manuals
and instructions to staff
that affect a member of the public;
(D)
copies of all records, regardless of form or format, which have been released to any person
under paragraph (3) and which, because of the nature of their
subject matter,
the agency determines have become
or are likely to become the subject of
subsequent requests for substantially the
same records; and
(E)
a general index of the records referred to under
subparagraph (D); unless the materials are promptly
published and copies offered
for sale. For
records created on or after
November 1, 1996, within
one year after
such date,
each agency
shall make such records available, including by computer
telecommunications or, if computer telecommunications means have not been
established by the agency, by other electronic means. To the extent
required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual,
instruction, or copies of records referred to in subparagraph (D). However, in each case the justification for the deletion
shall be explained fully in
writing, and the extent of such
deletion shall be
indicated on the portion of the record which is made available
or published, unless including that indication would harm an interest
protected by the exemption in subsection (b) under which the
deletion is made. If technically feasible,
the extent of the deletion shall be indicated at the place
in the record where the deletion
was made. Each agency shall also maintain and make available for public
inspection and copying current indexes providing
identifying information for
the public as to any matter
issued, adopted, or promulgated
after July 4, 1967, and
required by this paragraph to be made
available or published. Each agency shall promptly
publish, quarterly or more frequently, and distribute (by sale or otherwise)
copies of each index or
supplements thereto unless it determines by order
published in the Federal
Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of an index
on request at a cost not
to exceed the direct cost of duplication. Each agency shall make the index referred to in subparagraph (E) available by computer
telecommunications by December
31, 1999. A final order, opinion, statement of policy,
interpretation, or staff manual or instruction that affects a member
of the public may be relied on,
used, or cited
as precedent by an agency against a party other
than an agency
only if—
(i)
it has been indexed
and either made available or published as provided by this paragraph; or
(ii)
the party has actual and
timely notice
of the terms thereof. (3)(A) Except with respect to the records
made available under paragraphs (1) and
(2) of this subsection, and except
as provided in subparagraph (E), each agency,
upon any request for records which (i) reasonably describes such records and (ii)
is made in accordance with published
rules stating the time, place, fees (if any), and procedures to be followed, shall
make the records promptly available to any person.
(B)
In making any record available to a person under
this paragraph, an agency shall provide
the record in any form or format requested by the person
if the record is readily
reproducible by the agency in that form or
format.
Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes
of this section.
(C)
In responding under this paragraph
to a request for records, an agency shall make
reasonable efforts to search for the
records in electronic form or format, except
when such efforts
would significantly interfere with the operation of the agency's automated information system.
(D)
For purposes of this paragraph, the term
"search" means to
review, manually or by automated means,
agency records for the purpose of locating those
records which are responsive to a request.
(E)
An agency, or part of an agency, that is an element of the intelligence community (as that
term is defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any record available under this
paragraph to—
(i)
any government entity, other than a State, territory, commonwealth, or district of the United States, or any subdivision
thereof; or
(ii)
a representative of a government entity
described in clause (i). (4)(A)(i) In order
to carry out the provisions of this section, each
agency shall
promulgate
regulations, pursuant to notice and receipt
of public comment, specifying the schedule of fees applicable to the processing of requests under
this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule
shall conform to the guidelines
which shall be promulgated,
pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for
a uniform schedule of fees for all agencies.
(ii)
Such agency regulations shall
provide that—
(I)
fees shall be limited to
reasonable standard charges for
document search, duplication, and review, when records are requested for commercial use;
(II)
fees shall be limited to
reasonable standard charges
for document duplication when
records are not sought for commercial use and the request is made by an educational or noncommercial scientific
institution, whose purpose is scholarly or scientific research; or a representative of the
news media; and
(III) for any request
not described in (I) or (II),
fees shall be limited to reasonable standard charges for
document search and duplication.
In this clause, the term
‘a representative of the news media’ means any person or entity that
gathers information of potential interest
to a segment of the public, uses its editorial skills to turn the
raw materials into a distinct
work, and distributes that work to an audience.
In this clause, the term ‘news’ means
information that is about current events
or that would be of current
interest to the public.
Examples of news-
media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such
entities qualify as disseminators of ‘news’) who make their products available for purchase
by or subscription by or free distribution to the general public. These
examples are not all-inclusive. Moreover, as
methods of news delivery evolve (for
example, the adoption of the
electronic dissemination of newspapers
through telecommunications services),
such alternative media shall
be considered to be news-media
entities. A freelance journalist shall be regarded
as working
for a news-media entity if the
journalist can demonstrate a solid basis for expecting
publication through that entity, whether
or not the journalist is actually employed by the entity. A publication contract
would present a solid
basis for such an
expectation; the Government may also consider
the past publication record
of the requester in making
such a determination.
(iii)
Documents shall be furnished
without any charge or at a
charge reduced below
the fees established under clause (ii) if
disclosure of the information is in the public
interest because it is
likely to contribute significantly to
public understanding of the
operations or activities of the government
and is not primarily in the commercial interest of the requester.
(iv)
Fee schedules shall provide
for the recovery
of only the direct
costs of search, duplication, or review. Review
costs shall include only the direct costs incurred
during the initial examination of a document for the
purposes of determining whether the documents must
be disclosed under
this section and for the purposes
of withholding any portions
exempt from disclosure under this section. Review costs may not include any costs incurred in resolving
issues of law or policy
that may be raised
in the course of processing
a request under this section. No fee
may be charged by any
agency under this section—
(I)
if the costs of routine collection and processing of the
fee are likely to equal or exceed the
amount of the fee; or
(II)
for any request described in clause (ii)(II) or (III) of this
subparagraph for the first two hours of search time or for
the first one hundred pages
of duplication.
(v)
No agency may require advance payment of any fee
unless the requester has previously failed to pay fees
in a timely fashion, or the agency has determined that the fee will exceed $250.
(vi)
Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting
the level of fees for
particular types of records.
(vii)
In any action by a requester regarding the waiver
of fees under this section, the court shall
determine the matter de novo: Provided, That the court's review of the
matter shall be limited to the
record before the agency.
(viii) An agency shall
not assess search fees (or in the case of a requester described under clause
(ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time
limit under paragraph (6), if no
unusual or exceptional circumstances (as those terms are defined for purposes of paragraphs (6)(B) and (C), respectively)
apply to the processing of the request.
(B)
On complaint, the district court of the United States
in the district in which the complainant resides, or
has
his principal place of
business, or in which the agency records are
situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding
agency records and to order the production of any agency
records improperly withheld
from the complainant. In such a case the court
shall determine the matter
de novo, and may examine the contents of such agency records in
camera to determine whether such records
or any part thereof
shall be withheld under any of the exemptions set forth in subsection (b) of this section,
and the burden is on the agency to sustain its action.
In addition to any other matters
to which a court accords substantial weight, a court shall
accord substantial weight to an affidavit of an agency
concerning the agency's determination
as to technical feasibility under
paragraph (2)(C) and subsection (b)
and reproducibility under paragraph
(3)(B).
(C)
Notwithstanding any other
provision of law, the defendant shall serve an
answer or otherwise plead to any
complaint
made under this subsection within
thirty days after service
upon the defendant of the pleading
in which such complaint is made,
unless the court otherwise directs for good cause is shown.
[(D) Repealed.
Pub. L. 98-620, title IV, Sec. 402(2), Nov. 8, 1984, 98
Stat. 3357.]
(E)(i) The court may assess
against the United States
reasonable attorney fees and other litigation costs
reasonably incurred in any case under this section in which the complainant
has substantially prevailed.
(ii)
For purposes of this
subparagraph, a complainant has substantially
prevailed if the complainant
has obtained relief through either—
(I)
a
judicial order, or an enforceable written
agreement or consent decree;
or
(II)
a
voluntary or unilateral change
in position by
the agency, if the complainant’s claim is not insubstantial.
(F)(i) Whenever the court orders
the production of any agency records
improperly withheld from the complainant and assesses against
the United States reasonable attorney fees and other litigation costs, and the court
additionally issues a written finding
that the circumstances surrounding the withholding raise
questions whether agency personnel acted arbitrarily or capriciously with respect
to the withholding, the Special Counsel
shall promptly initiate a proceeding
to determine whether disciplinary action is warranted against
the officer or employee
who was primarily responsible
for the
withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority
of the agency concerned and
shall send copies of the findings and
recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special
Counsel recommends.
(ii)
The Attorney General shall—
(I)
notify
the Special Counsel of each civil action described under the first sentence of clause
(i); and
(II)
annually submit
a report to Congress
on the number of such civil
actions in the preceding year.
(iii)
The Special
Counsel shall annually submit a report to Congress on the actions
taken by the Special Counsel
under clause (i).
(G) In the event of noncompliance
with the order
of the court, the district
court may punish for contempt the responsible employee, and in the
case of a uniformed service, the responsible member.
(5)
Each agency having more than
one member shall maintain
and make available for public inspection a record of the final votes
of each member in every
agency proceeding.
(6)(A) Each agency, upon any request
for records made
under paragraph (1), (2), or
(3) of this subsection, shall—
(i)
determine within 20 days (excepting Saturdays, Sundays, and legal public holidays)
after the receipt of any such request whether to comply with such request and shall immediately
notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal
to the head of the agency any adverse determination; and
(ii)
make a determination with respect
to any appeal within twenty
days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal.
If on appeal the denial
of the request for records is in whole
or in part upheld,
the agency shall notify the person making such request of the provisions for judicial review of that determination under
paragraph (4) of
this subsection.
The 20-day period under
clause (i) shall
commence on the date on which the request is first received by the appropriate component of the agency,
but in any event not later than ten
days after the request is first received by any component of the agency that
is designated in the agency’s regulations under this
section to receive requests under this section. The 20-day
period shall not be tolled by the agency except—
(I)
that the agency may make one request to the requester for information and toll the 20-day period while it is awaiting such information that it has
reasonably requested from the requester under this section; or
(II)
if necessary to clarify with the requester issues regarding fee
assessment. In either case, the agency’s receipt of the requester’s response
to the agency’s request for information or clarification ends the tolling period.
(B)(i) In
unusual circumstances as specified in this subparagraph, the time limits
prescribed in either clause (i) or clause
(ii) of subparagraph (A) may be extended by written notice
to the person making such
request setting forth the unusual circumstances
for such extension and the date on which a determination
is expected to be dispatched. No such notice shall specify a date that would result in an extension
for more than ten working days,
except as provided in clause (ii) of this subparagraph.
(ii)
With respect to a request for which a written notice
under clause (i) extends the
time limits prescribed under clause (i) of
subparagraph (A), the agency shall
notify the person making the request if the request
cannot be processed within the time
limit specified in
that clause and
shall provide the person an opportunity
to limit the scope of the request so
that it may be processed within that time limit
or an opportunity to arrange with the agency an alternative
time frame for processing the request or a modified
request. To aid the requester,
each agency shall make available its FOIA Public Liaison, who
shall assist in the resolution of any disputes between the requester and the agency. [Effective
one year from date of enactment]. Refusal
by the person to reasonably modify
the request or arrange such an alternative
time frame shall
be considered as a factor
in determining whether
exceptional circumstances
exist for purposes of subparagraph (C).
(iii)
As used in this subparagraph,
"unusual circumstances"
means, but only to the extent
reasonably necessary to the proper processing of the particular
requests—
(I)
the need to search
for and collect
the requested records from field facilities or
other establishments
that are separate from the office processing
the request;
(II)
the need to search for, collect, and appropriately examine a voluminous
amount of separate and distinct records which are demanded in a single request;
or
(III)
the need for consultation,
which shall be conducted with all practicable speed,
with another agency having a substantial interest
in the determination
of the request or among two or more components of the agency having
substantial subject-matter interest
therein.
(iv)
Each agency may promulgate regulations, pursuant to notice and receipt of public
comment, providing
for the aggregation of certain requests by the same
requestor, or by a group of requestors acting
in concert, if the agency reasonably believes that such requests actually constitute a single request,
which would otherwise satisfy
the unusual circumstances
specified in this
subparagraph, and the requests involve clearly
related matters. Multiple requests involving unrelated matters shall not
be aggregated.
(C)(i) Any
person making a request to any agency
for records under paragraph (1), (2), or
(3) of this subsection shall be deemed
to have exhausted his administrative remedies with respect to such
request if the agency fails to
comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circumstances exist and that the agency
is exercising due diligence in responding to the request, the court may retain
jurisdiction and allow the
agency additional time to complete its review of the
records. Upon any determination by an agency to comply with a request for records, the records
shall be made
promptly available to such person
making such request. Any notification of denial of any request for records under
this subsection shall
set forth the names
and titles or positions of each
person responsible for the denial
of such request.
(ii)
For purposes of this subparagraph,
the term "exceptional circumstances" does not include
a delay that results from a
predictable agency workload
of requests under
this section, unless
the agency
demonstrates reasonable progress
in reducing its backlog of pending requests.
(iii)
Refusal by a person
to reasonably modify the
scope of a request or arrange an alternative
time frame for processing a request (or a modified
request) under clause
(ii) after being
given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor
in determining whether
exceptional circumstances
exist for purposes of this subparagraph.
(D)(i) Each
agency may promulgate regulations, pursuant
to notice and receipt
of public comment, providing for
multitrack processing
of requests for records based on the
amount of work or time (or both) involved in processing
requests.
(ii)
Regulations under this
subparagraph may provide a person making a request that does not qualify
for the fastest multitrack
processing an opportunity to limit the scope of the request
in order to qualify for
faster processing.
(iii)
This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due
diligence.
(E)(i) Each agency shall
promulgate regulations, pursuant to notice
and receipt of public comment, providing for expedited processing of requests for records—
(I)
in cases in which the person requesting the records demonstrates
a compelling need; and
(II) in other cases determined by the agency.
(ii)
Notwithstanding clause
(i), regulations under this subparagraph must ensure—
(I)
that a determination
of whether to provide
expedited processing shall
be made, and notice
of the determination shall be provided to the person making the request, within 10 days after the date of the request;
and
(II)
expeditious consideration of administrative appeals of such
determinations of whether to provide expedited processing.
(iii)
An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing
under this subparagraph. Agency
action to deny or affirm denial
of a request for expedited processing pursuant to this
subparagraph, and failure by an agency
to respond in a timely manner
to such a request shall be subject
to judicial review under
paragraph (4), except that the judicial
review shall be based
on the record before the
agency at the time of the determination.
(iv)
A district court of the United States shall not have jurisdiction to review an agency
denial of expedited processing of a
request for records after the agency has provided a complete response to the
request.
(v)
For purposes of this subparagraph,
the term "compelling need" means—
(I)
that a failure to obtain requested
records on an expedited basis under this paragraph could reasonably be expected to pose
an imminent threat
to the life or physical
safety of an individual; or
(II)
with respect to a request made by a person primarily engaged in disseminating information, urgency
to inform the public
concerning actual or alleged Federal Government activity.
(vi)
A demonstration
of a compelling need by a person making a request for expedited processing shall be made by a
statement certified by such person
to be true and correct
to the best of such
person's knowledge and belief.
(F) In denying a request
for records, in whole or in part,
an agency shall make
a reasonable effort to estimate the
volume of any requested matter the provision of which is denied, and shall provide
any such estimate to the
person making the request,
unless providing
such estimate
would harm an interest protected
by the exemption in subsection (b) pursuant to which the denial
is made.
(7)
Each agency shall—
(A)
establish a system to assign an individualized tracking number
for each request received that will take longer than ten days to process and
provide to each
person making a request the tracking number
assigned to the request;
and
(B) establish a telephone line or Internet service that provides information about the status of a request to the
person making the request using the assigned tracking number, including—
(i)
the
date on which the agency originally
received the request; and
(ii)
an
estimated date on which the agency will complete action on the request.
(b) This section does not apply to matters
that are—
(1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the
interest of national defense or foreign
policy and (B) are in fact
properly classified pursuant
to such Executive order;
(2)
related solely to the internal personnel
rules and practices of an agency;
(3)specifically exempted from disclosure by statute (other
than section 552b of this title), provided
that such statute (A) requires that the matters be withheld from the public
in such a manner as to leave no discretion on the issue,
or (B) establishes
particular criteria for withholding or
refers to particular types of matters to be withheld;
(3) specifically exempted
from disclosure by statute (other
than section 552b of
this title), if that statute--
(A)(i) requires that the matters
be withheld from the public in such a manner as to leave no discretion on the issue; or
(ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld; and
(B) if enacted after
the date of enactment of the OPEN FOIA Act of 2009,
specifically cites to this paragraph.
(4)
trade secrets and commercial
or financial information
obtained from a person and privileged
or confidential;
(5)
inter-agency or intra-agency memorandums
or letters which would not be available by law to a party other
than an agency in litigation with the agency;
(6)
personnel and medical
files and similar files the disclosure of which
would constitute a clearly
unwarranted invasion of
personal privacy;
(7)
records or information compiled for law enforcement purposes, but only to the extent
that the production of such law enforcement records
or information (A)
could reasonably be expected to interfere
with enforcement proceedings, (B) would deprive a person
of a right to a fair
trial or an impartial adjudication,
(C) could reasonably be expected to constitute
an unwarranted invasion of personal privacy, (D) could reasonably
be expected to disclose the
identity of a confidential source, including a State, local, or
foreign agency or authority or any
private institution which
furnished information on a confidential basis, and, in the case of a record or
information compiled by a criminal law enforcement authority in the course of a
criminal investigation or by an agency conducting a lawful
national security intelligence investigation, information furnished by a confidential source,
(E) would disclose techniques and
procedures for law enforcement investigations or prosecutions, or would disclose
guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably
be expected to endanger the life or physical
safety of any individual;
(8)
contained in or related to examination, operating, or condition reports prepared by, on behalf
of, or for the use of an agency
responsible for the regulation or supervision of financial institutions;
or
(9)
geological and geophysical
information and data, including maps,
concerning wells.
Any reasonably
segregable portion of a record shall
be provided to any person requesting such record after
deletion of the portions which are exempt under this subsection. The amount of information deleted, and the exemption under which the
deletion is made, shall be indicated on the released
portion of the record, unless including
that indication would harm an
interest protected by the exemption in this subsection under
which the deletion is made. If technically feasible, the amount of the information deleted, and the exemption under which
the deletion is made, shall be indicated at the place
in the record where such
deletion is made.
(c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and—
(A)
the investigation or proceeding
involves a possible violation of criminal law; and
(B)
there is reason to believe that
(i) the subject of the investigation or
proceeding is not aware
of its pendency, and (ii) disclosure of the existence of the records could reasonably
be expected to interfere
with enforcement proceedings,
the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements
of this section.
(2)
Whenever informant records maintained by a criminal law enforcement
agency under an informant's name or personal identifier are requested by a third party according to the informant's
name
or personal identifier, the agency may treat the records as not subject
to the requirements of this section
unless the informant's status as an informant
has been officially confirmed.
(3)
Whenever a request is made which
involves access to records maintained by the
Federal Bureau
of Investigation pertaining
to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information
as provided in subsection (b)(1), the Bureau
may, as long as the existence of the records remains classified information,
treat the records as not subject to the requirements of this section.
(d)
This section does not authorize the
withholding of information or limit the availability
of records to the public,
except as specifically stated in this
section. This section
is not authority to withhold information from Congress.
(e)(1) On or before
February 1 of each year, each agency shall submit to the Attorney General of the United
States a report
which shall cover
the preceding fiscal year
and which shall include—
(A)
the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination;
(B)(i) the number of appeals made by
persons under subsection (a)(6), the
result of such appeals, and the reason for the action
upon each appeal
that results in a denial of information;
and
(ii) a complete list of all statutes
that the agency
relies upon to authorize the agency to withhold
information under subsection (b)(3), the number of occasions on which each statute was
relied upon, a description of whether
a court has upheld the decision of the agency to withhold
information under each such
statute, and a concise description of the scope of any information withheld;
(C)
the number of requests for records
pending before the agency as of September 30 of the preceding year,
and the median and average number
of days that such requests
had been pending
before the agency
as of that date;
(D)
the number of requests for
records received by the agency and the
number of requests which the agency
processed;
(E)
the
median number of days taken by the agency to process different types of requests, based on
the date on which the requests were
received by the agency;
(F)
the average number of days for the agency
to respond to a request beginning on the date on which
the request was received by the agency, the median
number of days for the agency
to respond to such requests, and the range in number of days for the agency
to respond to such requests;
(G) based on the number of business days that have elapsed since each request was originally received by the agency—
(i)
the
number of requests for records
to which the agency has responded with a determination within a period up to and including 20 days, and in 20-day increments
up to and including 200 days;
(ii)
the
number of requests for records to which the agency has responded with a determination within a period greater
than 200 days and less than 301 days;
(iii)
the number
of requests for records to which the agency has
responded with a determination within a period greater
than 300 days
and less than
401 days; and
(iv)
the number
of requests for records
to which the agency has responded with a determination within a period greater
than 400 days;
(H)
the average
number of days for the
agency to provide
the granted information beginning on the date
on which the request was
originally filed, the median number
of days for the agency to provide the granted information, and the range in number of days for the agency to
provide the granted information;
(I)
the median
and average number
of days for the agency
to respond to
administrative appeals based
on the date on which
the appeals originally were received by the agency,
the highest number of business days taken by the agency
to respond to an administrative appeal, and the lowest number of business days taken by the
agency to respond to an administrative appeal;
(J)
data on the 10 active requests with the earliest filing
dates
pending at each agency,
including the amount of time that has elapsed since each request was originally received by the agency;
(K) data on the 10 active administrative
appeals with the earliest
filing dates pending before the agency as of September 30 of the preceding year, including the number of business days that have elapsed since the
requests were originally received by the agency;
(L)
the
number of expedited review requests that are granted and denied, the average and median number
of days for adjudicating
expedited review requests, and the number adjudicated within the required 10 days;
(M)
the number of fee waiver requests that are granted
and denied, and the average
and median number of days for adjudicating fee waiver determinations;
(2) Information in each report submitted under
paragraph (1) shall
be expressed in terms of each
principal component of the agency and for the agency overall.
(f)
For purposes of this section, the term—
(1)
"agency" as defined
in section 551(1) of this title includes
any executive department, military
department, Government
corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including
the Executive Office of the President), or any independent
regulatory agency; and
(2)
“record and any other
term used in this
section in reference
to information includes any information that would
be an agency record
subject to the requirements of this section when maintained by an
agency in any format, including an electronic format.
(2)
‘record’ and any other term
used in this section in reference to information includes—
(A) any information that would be an agency record subject to the
requirements of this section when
maintained by an agency in any
format, including an electronic format;
and
(B) any information described under
subparagraph (A) that is maintained for an agency by an entity
under Government contract, for the purposes of records
management.
(g)
The head of each agency shall prepare and make publicly available upon request, reference material or
a guide
for requesting records or
information from the agency, subject
to the exemptions in subsection (b),
including—
(1)
an index of all major information systems of the agency;
(2)
a description of major information and record locator systems maintained
by the agency; and
(3)
a handbook for obtaining
various types and categories of public information
from the agency pursuant to chapter 35 of title 44, and under this section.
(h)(1) There is established the Office of Government Information Services
within the National
Archives and Records Administration.
(2) The Office of Government Information Services shall—
(A) review policies and procedures of
administrative agencies under
this section;
(B) review compliance with this section
by administrative agencies;
and
(C) recommend policy changes to Congress
and the President to improve the
administration of this section.
(3) The Office of Government Information Services
shall offer mediation services to resolve disputes between
persons making requests under this section
and administrative agencies
as a non-exclusive alternative
to litigation and, at the discretion of the Office, may issue advisory
opinions if mediation has not
resolved the dispute.
(i)
The
Government Accountability Office shall
conduct audits of administrative agencies on the implementation of this section and issue reports
detailing the results of such audits.
(j)
Each
agency shall designate a Chief FOIA Officer who shall be a senior official of
such agency (at the Assistant Secretary
or equivalent level).
(k) The Chief FOIA Officer of each
agency shall, subject to the authority of the head
of the agency—
(1) have agency-wide responsibility for
efficient and appropriate compliance with
this section;
(2) monitor implementation of this section
throughout the agency
and keep the head of the agency, the chief legal officer
of
the agency, and the Attorney
General appropriately informed of the agency’s performance in implementing this section;
(3) recommend
to the head of the agency such adjustments
to agency practices, policies, personnel, and funding as may be necessary to improve its implementation of this section;
(4) review and report to the Attorney General, through the head of the agency, at such
times and in such formats as the Attorney
General may direct, on the
agency’s performance in implementing this section;
(5) facilitate
public understanding of the purposes
of the statutory exemptions of this section by including concise
descriptions of the exemptions in both the agency’s
handbook issued under subsection (g), and the agency’s
annual report on this section, and by providing an overview, where appropriate, of certain general
categories of agency records to which those exemptions apply;
and
(6)
designate
one or more FOIA Public Liaisons.
(l) FOIA Public Liaisons shall report to the agency Chief
FOIA Officer and shall
serve as supervisory officials
to whom a requester under this
section can raise concerns about the service the requester has received from the FOIA Requester Center, following an initial response from the FOIA Requester Center Staff. FOIA Public Liaisons shall be responsible for
assisting in reducing delays, increasing transparency and
understanding of the
status of requests, and assisting in the resolution of disputes.
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