Freedom of Information Act

• Author: Environmental Law Reporter
• Pages: 37-51

Freedom of Information Act

5 U.S.C. §§552-552a

§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 es-

tablished places at which, the employees (and in the case of a uni-

formed 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 na-

ture 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 examina-

tions;

(D) substantive rules of general applicability adopted as au-

thorized by law, and statements of general policy or interpreta-

tions 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 af-

fected thereby is deemed published in the Federal Register when in-

corporated 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 opin-

ions, 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 deter-

mines have become or are likely to become the subject of subse-

quent requests for substantially the same records; and

(E) a general index of the record referred to under subpara-

graph (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 tele-

communications 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 writ-

ing, 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 cur-

rent 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 supple-

ments thereto unless it determines by order published in the Federal

Register that the publication would be unnecessary and impractica-

ble, in which case the agency shall nonetheless provide copies of

such index on request at a cost not to exceed the direct cost of dupli-

cation. Each agency shall make the index referred to in subpara-

graph (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 pub-

lished 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 proce-

dures 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 repro-

ducible 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 re-

cords, an agency shall make reasonable efforts to search for

the records in electronic form or format, except when such ef-

forts 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 re-

quest.

(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, com-

monwealth, 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 proce-

dures 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 pub-

lic 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 chargesfor

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

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ADMINISTRATIVEPROCEDURE 5 U.S.C. §552