This Law Allows Parents To Demand and Recieve thier files from CPS and other Agencies


Parents who have had their children snatched by CPS can ask for and recieve their files that CPs is keeping from them – if they don’t give them to the parents use this law.
Office of the Law Revision Counsel, U.S. House of Representatives
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-CITE-

5 USC Sec. 552 02/01/2010

-EXPCITE-

TITLE 5 – GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I – THE AGENCIES GENERALLY

CHAPTER 5 – ADMINISTRATIVE PROCEDURE

SUBCHAPTER II – ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 552. Public information; agency rules, opinions, orders,

records, and proceedings

-STATUTE-

(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 such

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 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.

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), 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

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 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;

(N) the total amount of fees collected by the agency for

processing requests; and

(O) the number of full-time staff of the agency devoted to

processing requests for records under this section, and the total

amount expended by the agency for processing such requests.

(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.

(3) Each agency shall make each such report available to the

public including by computer telecommunications, or if computer

telecommunications means have not been established by the agency,

by other electronic means. In addition, each agency shall make the

raw statistical data used in its reports available electronically

to the public upon request.

(4) The Attorney General of the United States shall make each

report which has been made available by electronic means available

at a single electronic access point. The Attorney General of the

United States shall notify the Chairman and ranking minority member

of the Committee on Government Reform and Oversight of the House of

Representatives and the Chairman and ranking minority member of the

Committees on Governmental Affairs and the Judiciary of the Senate,

no later than April 1 of the year in which each such report is

issued, that such reports are available by electronic means.

(5) The Attorney General of the United States, in consultation

with the Director of the Office of Management and Budget, shall

develop reporting and performance guidelines in connection with

reports required by this subsection by October 1, 1997, and may

establish additional requirements for such reports as the Attorney

General determines may be useful.

(6) The Attorney General of the United States shall submit an

annual report on or before April 1 of each calendar year which

shall include for the prior calendar year a listing of the number

of cases arising under this section, the exemption involved in each

case, the disposition of such case, and the cost, fees, and

penalties assessed under subparagraphs (E), (F), and (G) of

subsection (a)(4). Such report shall also include a description of

the efforts undertaken by the Department of Justice to encourage

agency compliance with this section.

(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 –

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23, Sec.

1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, Secs. 1-3, Nov. 21,

1974, 88 Stat. 1561-1564; Pub. L. 94-409, Sec. 5(b), Sept. 13,

1976, 90 Stat. 1247; Pub. L. 95-454, title IX, Sec. 906(a)(10),

Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, Sec.

402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, Secs.

1802, 1803, Oct. 27, 1986, 100 Stat. 3207-48, 3207-49; Pub. L. 104-

231, Secs. 3-11, Oct. 2, 1996, 110 Stat. 3049-3054; Pub. L. 107-

306, title III, Sec. 312, Nov. 27, 2002, 116 Stat. 2390; Pub. L.

110-175, Secs. 3, 4(a), 5, 6(a)(1), (b)(1), 7(a), 8-10(a), 12, Dec.

31, 2007, 121 Stat. 2525-2530; Pub. L. 111-83, title V, Sec.

564(b), Oct. 28, 2009, 123 Stat. 2184.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

——————————————————————–

Derivation U.S. Code Revised Statutes and

Statutes at Large

——————————————————————–

5 U.S.C. 1002. June 11, 1946, ch. 324,

Sec. 3, 60 Stat. 238.

——————————————————————–

In subsection (b)(3), the words “formulated and” are omitted as

surplusage. In the last sentence of subsection (b), the words “in

any manner” are omitted as surplusage since the prohibition is all

inclusive.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

Section 1 [of Pub. L. 90-23] amends section 552 of title 5,

United States Code, to reflect Public Law 89-487.

In subsection (a)(1)(A), the words “employees (and in the case of

a uniformed service, the member)” are substituted for “officer” to

retain the coverage of Public Law 89-487 and to conform to the

definitions in 5 U.S.C. 2101, 2104, and 2105.

In the last sentence of subsection (a)(2), the words “A final

order * * * may be relied on * * * only if” are substituted for “No

final order * * * may be relied upon * * * unless”; and the words

“a party other than an agency” and “the party” are substituted for

“a private party” and “the private party”, respectively, on

authority of the definition of “private party” in 5 App. U.S.C.

1002(g).

In subsection (a)(3), the words “the responsible employee, and in

the case of a uniformed service, the responsible member” are

substituted for “the responsible officers” to retain the coverage

of Public Law 89-487 and to conform to the definitions in 5 U.S.C.

2101, 2104, and 2105.

In subsection (a)(4), the words “shall maintain and make

available for public inspection a record” are substituted for

“shall keep a record * * * and that record shall be available for

public inspection”.

In subsection (b)(5) and (7), the words “a party other than an

agency” are substituted for “a private party” on authority of the

definition of “private party” in 5 App. U.S.C. 1002(g).

In subsection (c), the words “This section does not authorize”

and “This section is not authority” are substituted for “Nothing in

this section authorizes” and “nor shall this section be authority”,

respectively.

5 App. U.S.C. 1002(g), defining “private party” to mean a party

other than an agency, is omitted since the words “party other than

an agency” are substituted for the words “private party” wherever

they appear in revised 5 U.S.C. 552.

5 App. U.S.C. 1002(h), prescribing the effective date, is omitted

as unnecessary. That effective date is prescribed by section 4 of

this bill.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the OPEN FOIA Act of 2009, referred to

in subsec. (b)(3)(B), is the date of enactment of Pub. L. 111-83,

which was approved Oct. 28, 2009.

-COD-

CODIFICATION

Section 552 of former Title 5, Executive Departments and

Government Officers and Employees, was transferred to section 2243

of Title 7, Agriculture.

-MISC2-

AMENDMENTS

2009 – Subsec. (b)(3). Pub. L. 111-83 added par. (3) and struck

out former par. (3), which read as follows: “specifically exempted

from disclosure by statute (other than section 552b of this title),

provided that such statute (A) requires that the matters be

withheld from the public in such a manner as to leave no discretion

on the issue, or (B) establishes particular criteria for

withholding or refers to particular types of matters to be

withheld;”.

2007 – Subsec. (a)(4)(A)(ii). Pub. L. 110-175, Sec. 3, inserted

concluding provisions.

Subsec. (a)(4)(A)(viii). Pub. L. 110-175, Sec. 6(b)(1)(A), added

cl. (viii).

Subsec. (a)(4)(E). Pub. L. 110-175, Sec. 4(a), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(4)(F). Pub. L. 110-175, Sec. 5, designated existing

provisions as cl. (i) and added cls. (ii) and (iii).

Subsec. (a)(6)(A). Pub. L. 110-175, Sec. 6(a)(1), inserted

concluding provisions.

Subsec. (a)(6)(B)(ii). Pub. L. 110-175, Sec. 6(b)(1)(B), inserted

after the first sentence “To aid the requester, each agency shall

make available its FOIA Public Liaison, who shall assist in the

resolution of any disputes between the requester and the agency.”

Subsec. (a)(7). Pub. L. 110-175, Sec. 7(a), added par. (7).

Subsec. (b). Pub. L. 110-175, Sec. 12, in concluding provisions,

inserted “, and the exemption under which the deletion is made,”

after “The amount of information deleted” in second sentence and

after “the amount of the information deleted” in third sentence.

Subsec. (e)(1)(B)(ii). Pub. L. 110-175, Sec. 8(a)(1), inserted

“the number of occasions on which each statute was relied upon,”

after “subsection (b)(3),”.

Subsec. (e)(1)(C). Pub. L. 110-175, Sec. 8(a)(2), inserted “and

average” after “median”.

Subsec. (e)(1)(E). Pub. L. 110-175, Sec. 8(a)(3), inserted before

semicolon “, based on the date on which the requests were received

by the agency”.

Subsec. (e)(1)(F) to (O). Pub. L. 110-175, Sec. 8(a)(4), (5),

added subpars. (F) to (M) and redesignated former subpars. (F) and

(G) as (N) and (O), respectively.

Subsec. (e)(2). Pub. L. 110-175, Sec. 8(b)(2), added par. (2).

Former par. (2) redesignated (3).

Subsec. (e)(3). Pub. L. 110-175, Sec. 8(b)(1), (c), redesignated

par. (2) as (3) and inserted at end “In addition, each agency shall

make the raw statistical data used in its reports available

electronically to the public upon request.” Former par. (3)

redesignated (4).

Subsec. (e)(4) to (6). Pub. L. 110-175, Sec. 8(b)(1),

redesignated pars. (3) to (5) as (4) to (6), respectively.

Subsec. (f)(2). Pub. L. 110-175, Sec. 9, added par. (2) and

struck out former par. (2) which read as follows: ” ‘record’ and

any other term used in this section in reference to information

includes any information that would be an agency record subject to

the requirements of this section when maintained by an agency in

any format, including an electronic format.”

Subsecs. (h) to (l). Pub. L. 110-175, Sec. 10(a), added subsecs.

(h) to (l).

2002 – Subsec. (a)(3)(A). Pub. L. 107-306, Sec. 312(1), inserted

“and except as provided in subparagraph (E),” after “of this

subsection,”.

Subsec. (a)(3)(E). Pub. L. 107-306, Sec. 312(2), added subpar.

(E).

1996 – Subsec. (a)(2). Pub. L. 104-231, Sec. 4(4), (5), in first

sentence struck out “and” at end of subpar. (B) and inserted

subpars. (D) and (E).

Pub. L. 104-231, Sec. 4(7), inserted after first sentence “For

records created on or after November 1, 1996, within one year after

such date, each agency shall make such records available, including

by computer telecommunications or, if computer telecommunications

means have not been established by the agency, by other electronic

means.”

Pub. L. 104-231, Sec. 4(1), in second sentence substituted “staff

manual, instruction, or copies of records referred to in

subparagraph (D)” for “or staff manual or instruction”.

Pub. L. 104-231, Sec. 4(2), inserted before period at end of

third sentence “, and the extent of such deletion shall be

indicated on the portion of the record which is made available or

published, unless including that indication would harm an interest

protected by the exemption in subsection (b) under which the

deletion is made”.

Pub. L. 104-231, Sec. 4(3), inserted after third sentence “If

technically feasible, the extent of the deletion shall be indicated

at the place in the record where the deletion was made.”

Pub. L. 104-231, Sec. 4(6), which directed the insertion of the

following new sentence after the fifth sentence “Each agency shall

make the index referred to in subparagraph (E) available by

computer telecommunications by December 31, 1999.”, was executed by

making the insertion after the sixth sentence, to reflect the

probable intent of Congress and the addition of a new sentence by

section 4(3) of Pub. L. 104-231.

Subsec. (a)(3). Pub. L. 104-231, Sec. 5, inserted subpar. (A)

designation after “(3)”, redesignated subpars. (A) and (B) as cls.

(i) and (ii), respectively, and added subpars. (B) to (D).

Subsec. (a)(4)(B). Pub. L. 104-231, Sec. 6, inserted at end “In

addition to any other matters to which a court accords substantial

weight, a court shall accord substantial weight to an affidavit of

an agency concerning the agency’s determination as to technical

feasibility under paragraph (2)(C) and subsection (b) and

reproducibility under paragraph (3)(B).”

Subsec. (a)(6)(A)(i). Pub. L. 104-231, Sec. 8(b), substituted “20

days” for “ten days”.

Subsec. (a)(6)(B). Pub. L. 104-231, Sec. 7(b), amended subpar.

(B) generally. Prior to amendment, subpar. (B) read as follows: “In

unusual circumstances as specified in this subparagraph, the time

limits prescribed in either clause (i) or clause (ii) of

subparagraph (A) may be extended by written notice to the person

making such request setting forth the reasons for such extension

and the date on which a determination is expected to be dispatched.

No such notice shall specify a date that would result in an

extension for more than ten working days. As used in this

subparagraph, ‘unusual circumstances’ means, but only to the extent

reasonably necessary to the proper processing of the particular

request –

“(i) the need to search for and collect the requested records

from field facilities or other establishments that are separate

from the office processing the request;

“(ii) the need to search for, collect, and appropriately

examine a voluminous amount of separate and distinct records

which are demanded in a single request; or

“(iii) the need for consultation, which shall be conducted with

all practicable speed, with another agency having a substantial

interest in the determination of the request or among two or more

components of the agency having substantial subject-matter

interest therein.”

Subsec. (a)(6)(C). Pub. L. 104-231, Sec. 7(c), designated

existing provisions as cl. (i) and added cls. (ii) and (iii).

Subsec. (a)(6)(D). Pub. L. 104-231, Sec. 7(a), added subpar. (D).

Subsec. (a)(6)(E), (F). Pub. L. 104-231, Sec. 8(a), (c), added

subpars. (E) and (F).

Subsec. (b). Pub. L. 104-231, Sec. 9, inserted at end of closing

provisions “The amount of information deleted shall be indicated on

the released portion of the record, unless including that

indication would harm an interest protected by the exemption in

this subsection under which the deletion is made. If technically

feasible, the amount of the information deleted shall be indicated

at the place in the record where such deletion is made.”

Subsec. (e). Pub. L. 104-231, Sec. 10, amended subsec. (e)

generally, revising and restating provisions relating to reports to

Congress.

Subsec. (f). Pub. L. 104-231, Sec. 3, amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: “For

purposes of this section, the term ‘agency’ as defined in section

551(1) of this title includes any executive department, military

department, Government corporation, Government controlled

corporation, or other establishment in the executive branch of the

Government (including the Executive Office of the President), or

any independent regulatory agency.”

Subsec. (g). Pub. L. 104-231, Sec. 11, added subsec. (g).

1986 – Subsec. (a)(4)(A). Pub. L. 99-570, Sec. 1803, amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: “In order to carry out the provisions of this section,

each agency shall promulgate regulations, pursuant to notice and

receipt of public comment, specifying a uniform schedule of fees

applicable to all constituent units of such agency. Such fees shall

be limited to reasonable standard charges for document search and

duplication and provide for recovery of only the direct costs of

such search and duplication. Documents shall be furnished without

charge or at a reduced charge where the agency determines that

waiver or reduction of the fee is in the public interest because

furnishing the information can be considered as primarily

benefiting the general public.”

Subsec. (b)(7). Pub. L. 99-570, Sec. 1802(a), amended par. (7)

generally. Prior to amendment, par. (7) read as follows:

“investigatory records compiled for law enforcement purposes, but

only to the extent that the production of such records would (A)

interfere with enforcement proceedings, (B) deprive a person of a

right to a fair trial or an impartial adjudication, (C) constitute

an unwarranted invasion of personal privacy, (D) disclose the

identity of a confidential source and, in the case of a record

compiled by a criminal law enforcement authority in the course of a

criminal investigation, or by an agency conducting a lawful

national security intelligence investigation, confidential

information furnished only by the confidential source, (E) disclose

investigative techniques and procedures, or (F) endanger the life

or physical safety of law enforcement personnel;”.

Subsecs. (c) to (f). Pub. L. 99-570, Sec. 1802(b), added subsec.

(c) and redesignated former subsecs. (c) to (e) as (d) to (f),

respectively.

1984 – Subsec. (a)(4)(D). Pub. L. 98-620 repealed subpar. (D)

which provided for precedence on the docket and expeditious

disposition of district court proceedings authorized by subsec.

(a).

1978 – Subsec. (a)(4)(F). Pub. L. 95-454 substituted references

to the Special Counsel for references to the Civil Service

Commission wherever appearing and reference to his findings for

reference to its findings.

1976 – Subsec. (b)(3). Pub. L. 94-409 inserted provision

excluding section 552b of this title from applicability of

exemption from disclosure and provision setting forth conditions

for statute specifically exempting disclosure.

1974 – Subsec. (a)(2). Pub. L. 93-502, Sec. 1(a), substituted

provisions relating to maintenance and availability of current

indexes, for provisions relating to maintenance and availability of

a current index, and inserted provisions relating to publication

and distribution of copies of indexes or supplements thereto.

Subsec. (a)(3). Pub. L. 93-502, Sec. 1(b)(1), substituted

provisions requiring requests to reasonably describe records for

provisions requiring requests, for identifiable records, and struck

out provisions setting forth procedures to enjoin agencies from

withholding the requested records and ordering their production.

Subsec. (a)(4), (5). Pub. L. 93-502, Sec. 1(b)(2), added par. (4)

and redesignated former par. (4) as (5).

Subsec. (a)(6). Pub. L. 93-502, Sec. 1(c), added par. (6).

Subsec. (b)(1). Pub. L. 93-502, Sec. 2(a), designated existing

provisions as cl. (A), substituted “authorized under criteria

established by an” for “required by”, and added cl. (B).

Subsec. (b)(7). Pub. L. 93-502, Sec. 2(b), substituted provisions

relating to exemption for investigatory records compiled for law

enforcement purposes, for provisions relating to exemption for

investigatory files compiled for law enforcement purposes.

Subsec. (b), foll. par. (9). Pub. L. 93-502, Sec. 2(c), inserted

provision relating to availability of segregable portion of

records.

Subsecs. (d), (e). Pub. L. 93-502, Sec. 3, added subsecs. (d) and

(e).

1967 – Subsec. (a). Pub. L. 90-23 substituted introductory

statement requiring every agency to make available to the public

certain information for former introductory provision excepting

from disclosure (1) any function of the United States requiring

secrecy in the public interest or (2) any matter relating to

internal management of an agency, covered in subsec. (b)(1) and (2)

of this section.

Subsec. (a)(1). Pub. L. 90-23 incorporated provisions of: former

subsec. (b)(1) in (A), inserting requirement of publication of

names of officers as sources of information and provision for

public to obtain decisions, and striking out publication

requirement for delegations by the agency of final authority;

former subsec. (b)(2), introductory part, in (B); former subsec.

(b)(2), concluding part, in (C), inserting publication requirement

for rules of procedure and descriptions of forms available or the

places at which forms may be obtained; former subsec. (b)(3),

introductory part, in (D), inserting requirement of general

applicability of substantive rules and interpretations, added

clause (E), substituted exemption of any person from failure to

resort to any matter or from being adversely affected by any matter

required to be published in the Federal Register but not so

published for former subsec. (b)(3), concluding part, excepting

from publication rules addressed to and served upon named persons

in accordance with laws and final sentence reading “A person may

not be required to resort to organization or procedure not so

published” and inserted provision deeming matter, which is

reasonably available, as published in the Federal Register when

such matter is incorporated by reference in the Federal Register

with the approval of its Director.

Subsec. (a)(2). Pub. L. 90-23 incorporated provisions of former

subsec. (c), provided for public copying of records, struck out

requirement of agency publication of final opinions or orders and

authority for secrecy and withholding of opinions and orders

required for good cause to be held confidential and not cited as

precedents, latter provision now superseded by subsec. (b) of this

section, designated existing subsec. (c) as clause (A), including

provision for availability of concurring and dissenting opinions,

inserted provisions for availability of policy statements and

interpretations in clause (B) and staff manuals and instructions in

clause (C), deletion of personal identifications from records to

protect personal privacy with written justification therefor, and

provision for indexing and prohibition of use of records not

indexed against any private party without actual and timely notice

of the terms thereof.

Subsec. (a)(3). Pub. L. 90-23 incorporated provisions of former

subsec. (d) and substituted provisions requiring identifiable

agency records to be made available to any person upon request and

compliance with rules as to time, place, and procedure for

inspection, and payment of fees and provisions for Federal district

court proceedings de novo for enforcement by contempt of

noncompliance with court’s orders with the burden on the agency and

docket precedence for such proceedings for former provisions

requiring matters of official record to be made available to

persons properly and directly concerned except information held

confidential for good cause shown, the latter provision superseded

by subsec. (b) of this section.

Subsec. (a)(4). Pub. L. 90-23 added par. (4).

Subsec. (b). Pub. L. 90-23 added subsec. (b) which superseded

provisions excepting from disclosure any function of the United

States requiring secrecy in the public interest or any matter

relating to internal management of an agency, formerly contained in

former subsec. (a), final opinions or orders required for good

cause to be held confidential and not cited as precedents, formerly

contained in subsec. (c), and information held confidential for

good cause found, contained in former subsec. (d) of this section.

Subsec. (c). Pub. L. 90-23 added subsec. (c).

-CHANGE-

CHANGE OF NAME

Committee on Governmental Affairs of Senate changed to Committee

on Homeland Security and Governmental Affairs of Senate, effective

Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth

Congress, Oct. 9, 2004.

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999. Committee on Government Reform of House of

Representatives changed to Committee on Oversight and Government

Reform of House of Representatives by House Resolution No. 6, One

Hundred Tenth Congress, Jan. 5, 2007.

-MISC3-

EFFECTIVE DATE OF 2007 AMENDMENT

Pub. L. 110-175, Sec. 6(a)(2), Dec. 31, 2007, 121 Stat. 2526,

provided that: “The amendment made by this subsection [amending

this section] shall take effect 1 year after the date of enactment

of this Act [Dec. 31, 2007].”

Pub. L. 110-175, Sec. 6(b)(2), Dec. 31, 2007, 121 Stat. 2526,

provided that: “The amendment made by this subsection [amending

this section] shall take effect 1 year after the date of enactment

of this Act [Dec. 31, 2007] and apply to requests for information

under section 552 of title 5, United States Code, filed on or after

that effective date.”

Pub. L. 110-175, Sec. 7(b), Dec. 31, 2007, 121 Stat. 2527,

provided that: “The amendment made by this section [amending this

section] shall take effect 1 year after the date of enactment of

this Act [Dec. 31, 2007] and apply to requests for information

under section 552 of title 5, United States Code, filed on or after

that effective date.”

Pub. L. 110-175, Sec. 10(b), Dec. 31, 2007, 121 Stat. 2530,

provided that: “The amendments made by this section [amending this

section] shall take effect on the date of enactment of this Act

[Dec. 31, 2007].”

EFFECTIVE DATE OF 1996 AMENDMENT

Section 12 of Pub. L. 104-231 provided that:

“(a) In General. – Except as provided in subsection (b), this Act

[amending this section and enacting provisions set out as notes

below] shall take effect 180 days after the date of the enactment

of this Act [Oct. 2, 1996].

“(b) Provisions Effective on Enactment [sic]. – Sections 7 and 8

[amending this section] shall take effect one year after the date

of the enactment of this Act [Oct. 2, 1996].”

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1804 of Pub. L. 99-570 provided that:

“(a) The amendments made by section 1802 [amending this section]

shall be effective on the date of enactment of this Act [Oct. 27,

1986], and shall apply with respect to any requests for records,

whether or not the request was made prior to such date, and shall

apply to any civil action pending on such date.

“(b)(1) The amendments made by section 1803 [amending this

section] shall be effective 180 days after the date of enactment of

this Act [Oct. 27, 1986], except that regulations to implement such

amendments shall be promulgated by such 180th day.

“(2) The amendments made by section 1803 [amending this section]

shall apply with respect to any requests for records, whether or

not the request was made prior to such date, and shall apply to any

civil action pending on such date, except that review charges

applicable to records requested for commercial use shall not be

applied by an agency to requests made before the effective date

specified in paragraph (1) of this subsection or before the agency

has finally issued its regulations.”

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,

1976, see section 6 of Pub. L. 94-409, set out as an Effective Date

note under section 552b of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 4 of Pub. L. 93-502 provided that: “The amendments made

by this Act [amending this section] shall take effect on the

ninetieth day beginning after the date of enactment of this Act

[Nov. 21, 1974].”

EFFECTIVE DATE OF 1967 AMENDMENT

Section 4 of Pub. L. 90-23 provided that: “This Act [amending

this section] shall be effective July 4, 1967, or on the date of

enactment [June 5, 1967], whichever is later.”

SHORT TITLE OF 1996 AMENDMENT

Section 1 of Pub. L. 104-231 provided that: “This Act [amending

this section and enacting provisions set out as notes under this

section] may be cited as the ‘Electronic Freedom of Information Act

Amendments of 1996’.”

SHORT TITLE OF 1986 AMENDMENT

Section 1801 of Pub. L. 99-570 provided that: “This subtitle

[subtitle N (Secs. 1801-1804) of title I of Pub. L. 99-570,

amending this section and enacting provisions set out as a note

under this section] may be cited as the ‘Freedom of Information

Reform Act of 1986’.”

SHORT TITLE

This section is popularly known as the “Freedom of Information

Act”.

PROTECTED NATIONAL SECURITY DOCUMENTS

Pub. L. 111-83, title V, Sec. 565, Oct. 28, 2009, 123 Stat. 2184,

provided that:

“(a) Short Title. – This section may be cited as the ‘Protected

National Security Documents Act of 2009’.

“(b) Notwithstanding any other provision of the law to the

contrary, no protected document, as defined in subsection (c),

shall be subject to disclosure under section 552 of title 5, United

States Code[,] or any proceeding under that section.

“(c) Definitions. – In this section:

“(1) Protected document. – The term ‘protected document’ means

any record –

“(A) for which the Secretary of Defense has issued a

certification, as described in subsection (d), stating that

disclosure of that record would endanger citizens of the United

States, members of the United States Armed Forces, or employees

of the United States Government deployed outside the United

States; and

“(B) that is a photograph that –

“(i) was taken during the period beginning on September 11,

2001, through January 22, 2009; and

“(ii) relates to the treatment of individuals engaged,

captured, or detained after September 11, 2001, by the Armed

Forces of the United States in operations outside of the

United States.

“(2) Photograph. – The term ‘photograph’ encompasses all

photographic images, whether originals or copies, including still

photographs, negatives, digital images, films, video tapes, and

motion pictures.

“(d) Certification. –

“(1) In general. – For any photograph described under

subsection (c)(1), the Secretary of Defense shall issue a

certification if the Secretary of Defense determines that

disclosure of that photograph would endanger citizens of the

United States, members of the United States Armed Forces, or

employees of the United States Government deployed outside the

United States.

“(2) Certification expiration. – A certification and a renewal

of a certification issued pursuant to subsection (d)(3) shall

expire 3 years after the date on which the certification or

renewal, [sic] is issued by the Secretary of Defense.

“(3) Certification renewal. – The Secretary of Defense may

issue –

“(A) a renewal of a certification at any time; and

“(B) more than 1 renewal of a certification.

“(4) Notice to congress. – The Secretary of Defense shall

provide Congress a timely notice of the Secretary’s issuance of a

certification and of a renewal of a certification.

“(e) Rule of Construction. – Nothing in this section shall be

construed to preclude the voluntary disclosure of a protected

document.

“(f) Effective Date. – This section shall take effect on the date

of enactment of this Act [Oct. 28, 2009] and apply to any protected

document.”

FINDINGS

Pub. L. 110-175, Sec. 2, Dec. 31, 2007, 121 Stat. 2524, provided

that: “Congress finds that –

“(1) the Freedom of Information Act [probably means Pub. L. 89-

487 which amended section 1002 of former Title 5, Executive

Departments and Government Officers and Employees, see Historical

and Revision notes above] was signed into law on July 4, 1966,

because the American people believe that –

“(A) our constitutional democracy, our system of self-

government, and our commitment to popular sovereignty depends

upon the consent of the governed;

“(B) such consent is not meaningful unless it is informed

consent; and

“(C) as Justice Black noted in his concurring opinion in Barr

v. Matteo (360 U.S. 564 (1959)), ‘The effective functioning of

a free government like ours depends largely on the force of an

informed public opinion. This calls for the widest possible

understanding of the quality of government service rendered by

all elective or appointed public officials or employees.’;

“(2) the American people firmly believe that our system of

government must itself be governed by a presumption of openness;

“(3) the Freedom of Information Act establishes a ‘strong

presumption in favor of disclosure’ as noted by the United States

Supreme Court in United States Department of State v. Ray (502

U.S. 164 (1991)), a presumption that applies to all agencies

governed by that Act;

“(4) ‘disclosure, not secrecy, is the dominant objective of the

Act,’ as noted by the United States Supreme Court in Department

of Air Force v. Rose (425 U.S. 352 (1976));

“(5) in practice, the Freedom of Information Act has not always

lived up to the ideals of that Act; and

“(6) Congress should regularly review section 552 of title 5,

United States Code (commonly referred to as the Freedom of

Information Act), in order to determine whether further changes

and improvements are necessary to ensure that the Government

remains open and accessible to the American people and is always

based not upon the ‘need to know’ but upon the fundamental ‘right

to know’.”

LIMITATION ON AMOUNTS OBLIGATED OR EXPENDED FROM CLAIMS AND

JUDGMENT FUND

Pub. L. 110-175, Sec. 4(b), Dec. 31, 2007, 121 Stat. 2525,

provided that: “Notwithstanding section 1304 of title 31, United

States Code, no amounts may be obligated or expended from the

Claims and Judgment Fund of the United States Treasury to pay the

costs resulting from fees assessed under section 552(a)(4)(E) of

title 5, United States Code. Any such amounts shall be paid only

from funds annually appropriated for any authorized purpose for the

Federal agency against which a claim or judgment has been

rendered.”

NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE

OPERATIONS

Pub. L. 108-375, div. A, title IX, Sec. 914, Oct. 28, 2004, 118

Stat. 2029, provided that:

“(a) Mandatory Disclosure Requirements Inapplicable. – The

requirements to make information available under section 552 of

title 5, United States Code, shall not apply to land remote sensing

information.

“(b) Land Remote Sensing Information Defined. – In this section,

the term ‘land remote sensing information’ –

“(1) means any data that –

“(A) are collected by land remote sensing; and

“(B) are prohibited from sale to customers other than the

United States Government and United States Government-approved

customers for reasons of national security pursuant to the

terms of an operating license issued pursuant to the Land

Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.); and

“(2) includes any imagery and other product that is derived

from such data and which is prohibited from sale to customers

other than the United States Government and United States

Government-approved customers for reasons of national security

pursuant to the terms of an operating license described in

paragraph (1)(B).

“(c) State or Local Government Disclosures. – Land remote sensing

information provided by the head of a department or agency of the

United States to a State, local, or tribal government may not be

made available to the general public under any State, local, or

tribal law relating to the disclosure of information or records.

“(d) Safeguarding Information. – The head of each department or

agency of the United States having land remote sensing information

within that department or agency or providing such information to a

State, local, or tribal government shall take such actions,

commensurate with the sensitivity of that information, as are

necessary to protect that information from disclosure other than in

accordance with this section and other applicable law.

“(e) Additional Definition. – In this section, the term ‘land

remote sensing’ has the meaning given such term in section 3 of the

Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).

“(f) Disclosure to Congress. – Nothing in this section shall be

construed to authorize the withholding of information from the

appropriate committees of Congress.”

DISCLOSURE OF ARSON, EXPLOSIVE, OR FIREARM RECORDS

Pub. L. 108-7, div. J, title VI, Sec. 644, Feb. 20, 2003, 117

Stat. 473, provided that: “No funds appropriated under this Act or

any other Act with respect to any fiscal year shall be available to

take any action based upon any provision of 5 U.S.C. 552 with

respect to records collected or maintained pursuant to 18 U.S.C.

846(b), 923(g)(3) or 923(g)(7), or provided by Federal, State,

local, or foreign law enforcement agencies in connection with arson

or explosives incidents or the tracing of a firearm, except that

such records may continue to be disclosed to the extent and in the

manner that records so collected, maintained, or obtained have been

disclosed under 5 U.S.C. 552 prior to the date of the enactment of

this Act [Feb. 20, 2003].”

DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

Pub. L. 106-567, title VIII, Dec. 27, 2000, 114 Stat. 2864, as

amended by Pub. L. 108-199, div. H, Sec. 163, Jan. 23, 2004, 118

Stat. 452; Pub. L. 109-5, Sec. 1, Mar. 25, 2005, 119 Stat. 19,

provided that:

“SEC. 801. SHORT TITLE.

“This title may be cited as the ‘Japanese Imperial Government

Disclosure Act of 2000’.

“SEC. 802. DESIGNATION.

“(a) Definitions. – In this section:

“(1) Agency. – The term ‘agency’ has the meaning given such

term under section 551 of title 5, United States Code.

“(2) Interagency group. – The term ‘Interagency Group’ means

the Nazi War Crimes and Japanese Imperial Government Records

Interagency Working Group established under subsection (b).

“(3) Japanese imperial government records. – The term ‘Japanese

Imperial Government records’ means classified records or portions

of records that pertain to any person with respect to whom the

United States Government, in its sole discretion, has grounds to

believe ordered, incited, assisted, or otherwise participated in

the experimentation on, and persecution of, any person because of

race, religion, national origin, or political opinion, during the

period beginning September 18, 1931, and ending on December 31,

1948, under the direction of, or in association with –

“(A) the Japanese Imperial Government;

“(B) any government in any area occupied by the military

forces of the Japanese Imperial Government;

“(C) any government established with the assistance or

cooperation of the Japanese Imperial Government; or

“(D) any government which was an ally of the Japanese

Imperial Government.

“(4) Record. – The term ‘record’ means a Japanese Imperial

Government record.

“(b) Establishment of Interagency Group. –

“(1) In general. – Not later than 60 days after the date of the

enactment of this Act [Dec. 27, 2000], the President shall

designate the Working Group established under the Nazi War Crimes

Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) to also

carry out the purposes of this title with respect to Japanese

Imperial Government records, and that Working Group shall remain

in existence for 6 years after the date on which this title takes

effect. Such Working Group is redesignated as the ‘Nazi War

Crimes and Japanese Imperial Government Records Interagency

Working Group’.

“(2) Membership. – [Amended Pub. L. 105-246, set out as a note

below.]

“(c) Functions. – Not later than 1 year after the date of the

enactment of this Act [Dec. 27, 2000], the Interagency Group shall,

to the greatest extent possible consistent with section 803 –

“(1) locate, identify, inventory, recommend for

declassification, and make available to the public at the

National Archives and Records Administration, all classified

Japanese Imperial Government records of the United States;

“(2) coordinate with agencies and take such actions as

necessary to expedite the release of such records to the public;

and

“(3) submit a report to Congress, including the Committee on

Government Reform [now Committee on Oversight and Government

Reform] and the Permanent Select Committee on Intelligence of the

House of Representatives, and the Committee on the Judiciary and

the Select Committee on Intelligence of the Senate, describing

all such records, the disposition of such records, and the

activities of the Interagency Group and agencies under this

section.

“(d) Funding. – There is authorized to be appropriated such sums

as may be necessary to carry out the provisions of this title.

“SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

“(a) Release of Records. – Subject to subsections (b), (c), and

(d), the Japanese Imperial Government Records Interagency Working

Group shall release in their entirety Japanese Imperial Government

records.

“(b) Exemptions. – An agency head may exempt from release under

subsection (a) specific information, that would –

“(1) constitute an unwarranted invasion of personal privacy;

“(2) reveal the identity of a confidential human source, or

reveal information about an intelligence source or method when

the unauthorized disclosure of that source or method would damage

the national security interests of the United States;

“(3) reveal information that would assist in the development or

use of weapons of mass destruction;

“(4) reveal information that would impair United States

cryptologic systems or activities;

“(5) reveal information that would impair the application of

state-of-the-art technology within a United States weapon system;

“(6) reveal United States military war plans that remain in

effect;

“(7) reveal information that would impair relations between the

United States and a foreign government, or undermine ongoing

diplomatic activities of the United States;

“(8) reveal information that would impair the current ability

of United States Government officials to protect the President,

Vice President, and other officials for whom protection services

are authorized in the interest of national security;

“(9) reveal information that would impair current national

security emergency preparedness plans; or

“(10) violate a treaty or other international agreement.

“(c) Applications of Exemptions. –

“(1) In general. – In applying the exemptions provided in

paragraphs (2) through (10) of subsection (b), there shall be a

presumption that the public interest will be served by disclosure

and release of the records of the Japanese Imperial Government.

The exemption may be asserted only when the head of the agency

that maintains the records determines that disclosure and release

would be harmful to a specific interest identified in the

exemption. An agency head who makes such a determination shall

promptly report it to the committees of Congress with appropriate

jurisdiction, including the Committee on the Judiciary and the

Select Committee on Intelligence of the Senate and the Committee

on Government Reform [now Committee on Oversight and Government

Reform] and the Permanent Select Committee on Intelligence of the

House of Representatives.

“(2) Application of title 5. – A determination by an agency

head to apply an exemption provided in paragraphs (2) through (9)

of subsection (b) shall be subject to the same standard of review

that applies in the case of records withheld under section

552(b)(1) of title 5, United States Code.

“(d) Records Related to Investigations or Prosecutions. – This

section shall not apply to records –

“(1) related to or supporting any active or inactive

investigation, inquiry, or prosecution by the Office of Special

Investigations of the Department of Justice; or

“(2) solely in the possession, custody, or control of the

Office of Special Investigations.

“SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL

GOVERNMENT RECORDS.

“For purposes of expedited processing under section 552(a)(6)(E)

of title 5, United States Code, any person who was persecuted in

the manner described in section 802(a)(3) and who requests a

Japanese Imperial Government record shall be deemed to have a

compelling need for such record.

“SEC. 805. EFFECTIVE DATE.

“The provisions of this title shall take effect on the date that

is 90 days after the date of the enactment of this Act [Dec. 27,

2000].”

NAZI WAR CRIMES DISCLOSURE

Pub. L. 105-246, Oct. 8, 1998, 112 Stat. 1859, as amended by Pub.

L. 106-567, Sec. 802(b)(2), Dec. 27, 2000, 114 Stat. 2865, provided

that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Nazi War Crimes Disclosure Act’.

“SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY

WORKING GROUP.

“(a) Definitions. – In this section the term –

“(1) ‘agency’ has the meaning given such term under section 551

of title 5, United States Code;

“(2) ‘Interagency Group’ means the Nazi War Criminal Records

Interagency Working Group [redesignated Nazi War Crimes and

Japanese Imperial Government Records Interagency Working Group,

see section 802(b)(1) of Pub. L. 106-567, set out above]

established under subsection (b);

“(3) ‘Nazi war criminal records’ has the meaning given such

term under section 3 of this Act; and

“(4) ‘record’ means a Nazi war criminal record.

“(b) Establishment of Interagency Group. –

“(1) In general. – Not later than 60 days after the date of

enactment of this Act [Oct. 8, 1998], the President shall

establish the Nazi War Criminal Records Interagency Working

Group, which shall remain in existence for 3 years after the date

the Interagency Group is established.

“(2) Membership. – The President shall appoint to the

Interagency Group individuals whom the President determines will

most completely and effectively carry out the functions of the

Interagency Group within the time limitations provided in this

section, including the Director of the Holocaust Museum, the

Historian of the Department of State, the Archivist of the United

States, the head of any other agency the President considers

appropriate, and no more than 4 other persons who shall be

members of the public, of whom 3 shall be persons appointed under

the provisions of this Act in effect on October 8, 1998..[sic]

The head of an agency appointed by the President may designate an

appropriate officer to serve on the Interagency Group in lieu of

the head of such agency.

“(3) Initial meeting. – Not later than 90 days after the date

of enactment of this Act, the Interagency Group shall hold an

initial meeting and begin the functions required under this

section.

“(c) Functions. – Not later than 1 year after the date of

enactment of this Act [Oct. 8, 1998], the Interagency Group shall,

to the greatest extent possible consistent with section 3 of this

Act –

“(1) locate, identify, inventory, recommend for

declassification, and make available to the public at the

National Archives and Records Administration, all classified Nazi

war criminal records of the United States;

“(2) coordinate with agencies and take such actions as

necessary to expedite the release of such records to the public;

and

“(3) submit a report to Congress, including the Committee on

the Judiciary of the Senate and the Committee on Government

Reform and Oversight [now Committee on Oversight and Government

Reform] of the House of Representatives, describing all such

records, the disposition of such records, and the activities of

the Interagency Group and agencies under this section.

“(d) Funding. – There are authorized to be appropriated such sums

as may be necessary to carry out the provisions of this Act.

“SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS

WHO COMMITTED NAZI WAR CRIMES.

“(a) Nazi War Criminal Records. – For purposes of this Act, the

term ‘Nazi war criminal records’ means classified records or

portions of records that –

“(1) pertain to any person with respect to whom the United

States Government, in its sole discretion, has grounds to believe

ordered, incited, assisted, or otherwise participated in the

persecution of any person because of race, religion, national

origin, or political opinion, during the period beginning on

March 23, 1933, and ending on May 8, 1945, under the direction

of, or in association with –

“(A) the Nazi government of Germany;

“(B) any government in any area occupied by the military

forces of the Nazi government of Germany;

“(C) any government established with the assistance or

cooperation of the Nazi government of Germany; or

“(D) any government which was an ally of the Nazi government

of Germany; or

“(2) pertain to any transaction as to which the United States

Government, in its sole discretion, has grounds to believe –

“(A) involved assets taken from persecuted persons during the

period beginning on March 23, 1933, and ending on May 8, 1945,

by, under the direction of, on behalf of, or under authority

granted by the Nazi government of Germany or any nation then

allied with that government; and

“(B) such transaction was completed without the assent of the

owners of those assets or their heirs or assigns or other

legitimate representatives.

“(b) Release of Records. –

“(1) In general. – Subject to paragraphs (2), (3), and (4), the

Nazi War Criminal Records Interagency Working Group shall release

in their entirety Nazi war criminal records that are described in

subsection (a).

“(2) Exception for privacy, etc. – An agency head may exempt

from release under paragraph (1) specific information, that would

“(A) constitute a clearly unwarranted invasion of personal

privacy;

“(B) reveal the identity of a confidential human source, or

reveal information about the application of an intelligence

source or method, or reveal the identity of a human

intelligence source when the unauthorized disclosure of that

source would clearly and demonstrably damage the national

security interests of the United States;

“(C) reveal information that would assist in the development

or use of weapons of mass destruction;

“(D) reveal information that would impair United States

cryptologic systems or activities;

“(E) reveal information that would impair the application of

state-of-the-art technology within a United States weapon

system;

“(F) reveal actual United States military war plans that

remain in effect;

“(G) reveal information that would seriously and demonstrably

impair relations between the United States and a foreign

government, or seriously and demonstrably undermine ongoing

diplomatic activities of the United States;

“(H) reveal information that would clearly and demonstrably

impair the current ability of United States Government

officials to protect the President, Vice President, and other

officials for whom protection services, in the interest of

national security, are authorized;

“(I) reveal information that would seriously and demonstrably

impair current national security emergency preparedness plans;

or

“(J) violate a treaty or international agreement.

“(3) Application of exemptions. –

“(A) In general. – In applying the exemptions listed in

subparagraphs (B) through (J) of paragraph (2), there shall be

a presumption that the public interest in the release of Nazi

war criminal records will be served by disclosure and release

of the records. Assertion of such exemption may only be made

when the agency head determines that disclosure and release

would be harmful to a specific interest identified in the

exemption. An agency head who makes such a determination shall

promptly report it to the committees of Congress with

appropriate jurisdiction, including the Committee on the

Judiciary of the Senate and the Committee on Government Reform

and Oversight [now Committee on Oversight and Government

Reform] of the House of Representatives. The exemptions set

forth in paragraph (2) shall constitute the only authority

pursuant to which an agency head may exempt records otherwise

subject to release under paragraph (1).

“(B) Application of title 5. – A determination by an agency

head to apply an exemption listed in subparagraphs (B) through

(I) of paragraph (2) shall be subject to the same standard of

review that applies in the case of records withheld under

section 552(b)(1) of title 5, United States Code.

“(4) Limitation on application. – This subsection shall not

apply to records –

“(A) related to or supporting any active or inactive

investigation, inquiry, or prosecution by the Office of Special

Investigations of the Department of Justice; or

“(B) solely in the possession, custody, or control of that

office.

“(c) Inapplicability of National Security Act of 1947 Exemption. –

Section 701(a) of the National Security Act of 1947 (50 U.S.C.

431[(a)]) shall not apply to any operational file, or any portion

of any operational file, that constitutes a Nazi war criminal

record under section 3 of this Act.

“SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR

CRIMINAL RECORDS.

“(a) Expedited Processing. – For purposes of expedited processing

under section 552(a)(6)(E) of title 5, United States Code, any

requester of a Nazi war criminal record shall be deemed to have a

compelling need for such record.

“(b) Requester. – For purposes of this section, the term

‘requester’ means any person who was persecuted in the manner

described under section 3(a)(1) of this Act who requests a Nazi war

criminal record.

“SEC. 5. EFFECTIVE DATE.

“This Act and the amendments made by this Act shall take effect

on the date that is 90 days after the date of enactment of this Act

[Oct. 8, 1998].”

CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE; PUBLIC ACCESS TO

INFORMATION IN ELECTRONIC FORMAT

Section 2 of Pub. L. 104-231 provided that:

“(a) Findings. – The Congress finds that –

“(1) the purpose of section 552 of title 5, United States Code,

popularly known as the Freedom of Information Act, is to require

agencies of the Federal Government to make certain agency

information available for public inspection and copying and to

establish and enable enforcement of the right of any person to

obtain access to the records of such agencies, subject to

statutory exemptions, for any public or private purpose;

“(2) since the enactment of the Freedom of Information Act in

1966, and the amendments enacted in 1974 and 1986, the Freedom of

Information Act has been a valuable means through which any

person can learn how the Federal Government operates;

“(3) the Freedom of Information Act has led to the disclosure

of waste, fraud, abuse, and wrongdoing in the Federal Government;

“(4) the Freedom of Information Act has led to the

identification of unsafe consumer products, harmful drugs, and

serious health hazards;

“(5) Government agencies increasingly use computers to conduct

agency business and to store publicly valuable agency records and

information; and

“(6) Government agencies should use new technology to enhance

public access to agency records and information.

“(b) Purposes. – The purposes of this Act [see Short Title of

1996 Amendment note above] are to –

“(1) foster democracy by ensuring public access to agency

records and information;

“(2) improve public access to agency records and information;

“(3) ensure agency compliance with statutory time limits; and

“(4) maximize the usefulness of agency records and information

collected, maintained, used, retained, and disseminated by the

Federal Government.”

FREEDOM OF INFORMATION ACT EXEMPTION FOR CERTAIN OPEN SKIES TREATY

DATA

Pub. L. 103-236, title V, Sec. 533, Apr. 30, 1994, 108 Stat. 480,

provided that:

“(a) In General. – Data with respect to a foreign country

collected by sensors during observation flights conducted in

connection with the Treaty on Open Skies, including flights

conducted prior to entry into force of the treaty, shall be exempt

from disclosure under the Freedom of Information Act –

“(1) if the country has not disclosed the data to the public;

and

“(2) if the country has not, acting through the Open Skies

Consultative Commission or any other diplomatic channel,

authorized the United States to disclose the data to the public.

“(b) Statutory Construction. – This section constitutes a

specific exemption within the meaning of section 552(b)(3) of title

5, United States Code.

“(c) Definitions. – For the purposes of this section –

“(1) the term ‘Freedom of Information Act’ means the provisions

of section 552 of title 5, United States Code;

“(2) the term ‘Open Skies Consultative Commission’ means the

commission established pursuant to Article X of the Treaty on

Open Skies; and

“(3) the term ‘Treaty on Open Skies’ means the Treaty on Open

Skies, signed at Helsinki on March 24, 1992.”

-EXEC-

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions relating to a response to a request for

information under this section when the fact of its existence or

nonexistence is itself classified or when it was originally

classified by another agency, see Ex. Ord. No. 13526, Sec. 3.6,

Dec. 29, 2009, 75 F.R. 718, set out as a note under section 435 of

Title 50, War and National Defense.

EXECUTIVE ORDER NO. 12174

Ex. Ord. No. 12174, Nov. 30, 1979, 44 F.R. 69609, which related

to minimizing Federal paperwork, was revoked by Ex. Ord. No. 12291,

Feb. 17, 1981, 46 F.R. 13193, formerly set out as a note under

section 601 of this title.

EX. ORD. NO. 12600. PREDISCLOSURE NOTIFICATION PROCEDURES FOR

CONFIDENTIAL COMMERCIAL INFORMATION

Ex. Ord. No. 12600, June 23, 1987, 52 F.R. 23781, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, and in order to

provide predisclosure notification procedures under the Freedom of

Information Act [5 U.S.C. 552] concerning confidential commercial

information, and to make existing agency notification provisions

more uniform, it is hereby ordered as follows:

Section 1. The head of each Executive department and agency

subject to the Freedom of Information Act [5 U.S.C. 552] shall, to

the extent permitted by law, establish procedures to notify

submitters of records containing confidential commercial

information as described in section 3 of this Order, when those

records are requested under the Freedom of Information Act [FOIA],

5 U.S.C. 552, as amended, if after reviewing the request, the

responsive records, and any appeal by the requester, the department

or agency determines that it may be required to disclose the

records. Such notice requires that an agency use good-faith efforts

to advise submitters of confidential commercial information of the

procedures established under this Order. Further, where

notification of a voluminous number of submitters is required, such

notification may be accomplished by posting or publishing the

notice in a place reasonably calculated to accomplish notification.

Sec. 2. For purposes of this Order, the following definitions

apply:

(a) “Confidential commercial information” means records provided

to the government by a submitter that arguably contain material

exempt from release under Exemption 4 of the Freedom of Information

Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be

expected to cause substantial competitive harm.

(b) “Submitter” means any person or entity who provides

confidential commercial information to the government. The term

“submitter” includes, but is not limited to, corporations, state

governments, and foreign governments.

Sec. 3. (a) For confidential commercial information submitted

prior to January 1, 1988, the head of each Executive department or

agency shall, to the extent permitted by law, provide a submitter

with notice pursuant to section 1 whenever:

(i) the records are less than 10 years old and the information

has been designated by the submitter as confidential commercial

information; or

(ii) the department or agency has reason to believe that

disclosure of the information could reasonably be expected to cause

substantial competitive harm.

(b) For confidential commercial information submitted on or after

January 1, 1988, the head of each Executive department or agency

shall, to the extent permitted by law, establish procedures to

permit submitters of confidential commercial information to

designate, at the time the information is submitted to the Federal

government or a reasonable time thereafter, any information the

disclosure of which the submitter claims could reasonably be

expected to cause substantial competitive harm. Such agency

procedures may provide for the expiration, after a specified period

of time or changes in circumstances, of designations of competitive

harm made by submitters. Additionally, such procedures may permit

the agency to designate specific classes of information that will

be treated by the agency as if the information had been so

designated by the submitter. The head of each Executive department

or agency shall, to the extent permitted by law, provide the

submitter notice in accordance with section 1 of this Order

whenever the department or agency determines that it may be

required to disclose records:

(i) designated pursuant to this subsection; or

(ii) the disclosure of which the department or agency has reason

to believe could reasonably be expected to cause substantial

competitive harm.

Sec. 4. When notification is made pursuant to section 1, each

agency’s procedures shall, to the extent permitted by law, afford

the submitter a reasonable period of time in which the submitter or

its designee may object to the disclosure of any specified portion

of the information and to state all grounds upon which disclosure

is opposed.

Sec. 5. Each agency shall give careful consideration to all such

specified grounds for nondisclosure prior to making an

administrative determination of the issue. In all instances when

the agency determines to disclose the requested records, its

procedures shall provide that the agency give the submitter a

written statement briefly explaining why the submitter’s objections

are not sustained. Such statement shall, to the extent permitted by

law, be provided a reasonable number of days prior to a specified

disclosure date.

Sec. 6. Whenever a FOIA requester brings suit seeking to compel

disclosure of confidential commercial information, each agency’s

procedures shall require that the submitter be promptly notified.

Sec. 7. The designation and notification procedures required by

this Order shall be established by regulations, after notice and

public comment. If similar procedures or regulations already exist,

they should be reviewed for conformity and revised where necessary.

Existing procedures or regulations need not be modified if they are

in compliance with this Order.

Sec. 8. The notice requirements of this Order need not be

followed if:

(a) The agency determines that the information should not be

disclosed;

(b) The information has been published or has been officially

made available to the public;

(c) Disclosure of the information is required by law (other than

5 U.S.C. 552);

(d) The disclosure is required by an agency rule that (1) was

adopted pursuant to notice and public comment, (2) specifies narrow

classes of records submitted to the agency that are to be released

under the Freedom of Information Act [5 U.S.C. 552], and (3)

provides in exceptional circumstances for notice when the submitter

provides written justification, at the time the information is

submitted or a reasonable time thereafter, that disclosure of the

information could reasonably be expected to cause substantial

competitive harm;

(e) The information requested is not designated by the submitter

as exempt from disclosure in accordance with agency regulations

promulgated pursuant to section 7, when the submitter had an

opportunity to do so at the time of submission of the information

or a reasonable time thereafter, unless the agency has substantial

reason to believe that disclosure of the information would result

in competitive harm; or

(f) The designation made by the submitter in accordance with

agency regulations promulgated pursuant to section 7 appears

obviously frivolous; except that, in such case, the agency must

provide the submitter with written notice of any final

administrative disclosure determination within a reasonable number

of days prior to the specified disclosure date.

Sec. 9. Whenever an agency notifies a submitter that it may be

required to disclose information pursuant to section 1 of this

Order, the agency shall also notify the requester that notice and

an opportunity to comment are being provided the submitter.

Whenever an agency notifies a submitter of a final decision

pursuant to section 5 of this Order, the agency shall also notify

the requester.

Sec. 10. This Order is intended only to improve the internal

management of the Federal government, and is not intended to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its agencies, its officers,

or any person.

Ronald Reagan.

EX. ORD. NO. 13110. NAZI WAR CRIMES AND JAPANESE IMPERIAL

GOVERNMENT RECORDS INTERAGENCY WORKING GROUP

Ex. Ord. No. 13110, Jan. 11, 1999, 64 F.R. 2419, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Nazi

War Crimes Disclosure Act (Public Law 105-246) (the “Act”) [5

U.S.C. 552 note], it is hereby ordered as follows:

Section 1. Establishment of Working Group. There is hereby

established the Nazi War Criminal Records Interagency Working Group

[now Nazi War Crimes and Japanese Imperial Government Records

Interagency Working Group] (Working Group). The function of the

Group shall be to locate, inventory, recommend for

declassification, and make available to the public at the National

Archives and Records Administration all classified Nazi war

criminal records of the United States, subject to certain

designated exceptions as provided in the Act. The Working Group

shall coordinate with agencies and take such actions as necessary

to expedite the release of such records to the public.

Sec. 2. Schedule. The Working Group should complete its work to

the greatest extent possible and report to the Congress within 1

year.

Sec. 3. Membership. (a) The Working Group shall be composed of

the following members:

(1) Archivist of the United States (who shall serve as Chair of

the Working Group);

(2) Secretary of Defense;

(3) Attorney General;

(4) Director of Central Intelligence;

(5) Director of the Federal Bureau of Investigation;

(6) Director of the United States Holocaust Memorial Museum;

(7) Historian of the Department of State; and

(8) Three other persons appointed by the President.

(b) The Senior Director for Records and Access Management of the

National Security Council will serve as the liaison to and attend

the meetings of the Working Group. Members of the Working Group who

are full-time Federal officials may serve on the Working Group

through designees.

Sec. 4. Administration. (a) To the extent permitted by law and

subject to the availability of appropriations, the National

Archives and Records Administration shall provide the Working Group

with funding, administrative services, facilities, staff, and other

support services necessary for the performance of the functions of

the Working Group.

(b) The Working Group shall terminate 3 years from the date of

this Executive order.

William J. Clinton.

EX. ORD. NO. 13392. IMPROVING AGENCY DISCLOSURE OF INFORMATION

Ex. Ord. No. 13392, Dec. 14, 2005, 70 F.R. 75373, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and to ensure

appropriate agency disclosure of information, and consistent with

the goals of section 552 of title 5, United States Code, it is

hereby ordered as follows:

Section 1. Policy.

(a) The effective functioning of our constitutional democracy

depends upon the participation in public life of a citizenry that

is well informed. For nearly four decades, the Freedom of

Information Act (FOIA) [5 U.S.C. 552] has provided an important

means through which the public can obtain information regarding the

activities of Federal agencies. Under the FOIA, the public can

obtain records from any Federal agency, subject to the exemptions

enacted by the Congress to protect information that must be held in

confidence for the Government to function effectively or for other

purposes.

(b) FOIA requesters are seeking a service from the Federal

Government and should be treated as such. Accordingly, in

responding to a FOIA request, agencies shall respond courteously

and appropriately. Moreover, agencies shall provide FOIA

requesters, and the public in general, with citizen-centered ways

to learn about the FOIA process, about agency records that are

publicly available (e.g., on the agency’s website), and about the

status of a person’s FOIA request and appropriate information about

the agency’s response.

(c) Agency FOIA operations shall be both results-oriented and

produce results. Accordingly, agencies shall process requests under

the FOIA in an efficient and appropriate manner and achieve

tangible, measurable improvements in FOIA processing. When an

agency’s FOIA program does not produce such results, it should be

reformed, consistent with available resources appropriated by the

Congress and applicable law, to increase efficiency and better

reflect the policy goals and objectives of this order.

(d) A citizen-centered and results-oriented approach will improve

service and performance, thereby strengthening compliance with the

FOIA, and will help avoid disputes and related litigation.

Sec. 2. Agency Chief FOIA Officers.

(a) Designation. The head of each agency shall designate within

30 days of the date of this order a senior official of such agency

(at the Assistant Secretary or equivalent level), to serve as the

Chief FOIA Officer of that agency. The head of the agency shall

promptly notify the Director of the Office of Management and Budget

(OMB Director) and the Attorney General of such designation and of

any changes thereafter in such designation.

(b) General Duties. The Chief FOIA Officer of each agency shall,

subject to the authority of the head of the agency:

(i) have agency-wide responsibility for efficient and appropriate

compliance with the FOIA;

(ii) monitor FOIA implementation throughout the agency, including

through the use of meetings with the public to the extent deemed

appropriate by the agency’s Chief FOIA Officer, and keep the head

of the agency, the chief legal officer of the agency, and the

Attorney General appropriately informed of the agency’s performance

in implementing the FOIA, including the extent to which the agency

meets the milestones in the agency’s plan under section 3(b) of

this order and training and reporting standards established

consistent with applicable law and this order;

(iii) recommend to the head of the agency such adjustments to

agency practices, policies, personnel, and funding as may be

necessary to carry out the policy set forth in section 1 of this

order;

(iv) review and report, through the head of the agency, at such

times and in such formats as the Attorney General may direct, on

the agency’s performance in implementing the FOIA; and

(v) facilitate public understanding of the purposes of the FOIA’s

statutory exemptions by including concise descriptions of the

exemptions in both the agency’s FOIA handbook issued under section

552(g) of title 5, United States Code, and the agency’s annual FOIA

report, and by providing an overview, where appropriate, of certain

general categories of agency records to which those exemptions

apply.

(c) FOIA Requester Service Center and FOIA Public Liaisons. In

order to ensure appropriate communication with FOIA requesters:

(i) Each agency shall establish one or more FOIA Requester

Service Centers (Center), as appropriate, which shall serve as the

first place that a FOIA requester can contact to seek information

concerning the status of the person’s FOIA request and appropriate

information about the agency’s FOIA response. The Center shall

include appropriate staff to receive and respond to inquiries from

FOIA requesters;

(ii) The agency Chief FOIA Officer shall designate one or more

agency officials, as appropriate, as FOIA Public Liaisons, who may

serve in the Center or who may serve in a separate office. FOIA

Public Liaisons shall serve as supervisory officials to whom a FOIA

requester can raise concerns about the service the FOIA requester

has received from the Center, following an initial response from

the Center staff. FOIA Public Liaisons shall seek to ensure a

service-oriented response to FOIA requests and FOIA-related

inquiries. For example, the FOIA Public Liaison shall assist, as

appropriate, in reducing delays, increasing transparency and

understanding of the status of requests, and resolving disputes.

FOIA Public Liaisons shall report to the agency Chief FOIA Officer

on their activities and shall perform their duties consistent with

applicable law and agency regulations;

(iii) In addition to the services to FOIA requesters provided by

the Center and FOIA Public Liaisons, the agency Chief FOIA Officer

shall also consider what other FOIA-related assistance to the

public should appropriately be provided by the agency;

(iv) In establishing the Centers and designating FOIA Public

Liaisons, the agency shall use, as appropriate, existing agency

staff and resources. A Center shall have appropriate staff to

receive and respond to inquiries from FOIA requesters;

(v) As determined by the agency Chief FOIA Officer, in

consultation with the FOIA Public Liaisons, each agency shall post

appropriate information about its Center or Centers on the agency’s

website, including contact information for its FOIA Public

Liaisons. In the case of an agency without a website, the agency

shall publish the information on the Firstgov.gov website or, in

the case of any agency with neither a website nor the capability to

post on the Firstgov.gov website, in the Federal Register; and

(vi) The agency Chief FOIA Officer shall ensure that the agency

has in place a method (or methods), including through the use of

the Center, to receive and respond promptly and appropriately to

inquiries from FOIA requesters about the status of their requests.

The Chief FOIA Officer shall also consider, in consultation with

the FOIA Public Liaisons, as appropriate, whether the agency’s

implementation of other means (such as tracking numbers for

requests, or an agency telephone or Internet hotline) would be

appropriate for responding to status inquiries.

Sec. 3. Review, Plan, and Report.

(a) Review. Each agency’s Chief FOIA Officer shall conduct a

review of the agency’s FOIA operations to determine whether agency

practices are consistent with the policies set forth in section 1

of this order. In conducting this review, the Chief FOIA Officer

shall:

(i) evaluate, with reference to numerical and statistical

benchmarks where appropriate, the agency’s administration of the

FOIA, including the agency’s expenditure of resources on FOIA

compliance and the extent to which, if any, requests for records

have not been responded to within the statutory time limit

(backlog);

(ii) review the processes and practices by which the agency

assists and informs the public regarding the FOIA process;

(iii) examine the agency’s:

(A) use of information technology in responding to FOIA

requests, including without limitation the tracking of FOIA

requests and communication with requesters;

(B) practices with respect to requests for expedited

processing; and

(C) implementation of multi-track processing if used by such

agency;

(iv) review the agency’s policies and practices relating to the

availability of public information through websites and other

means, including the use of websites to make available the records

described in section 552(a)(2) of title 5, United States Code; and

(v) identify ways to eliminate or reduce its FOIA backlog,

consistent with available resources and taking into consideration

the volume and complexity of the FOIA requests pending with the

agency.

(b) Plan.

(i) Each agency’s Chief FOIA Officer shall develop, in

consultation as appropriate with the staff of the agency (including

the FOIA Public Liaisons), the Attorney General, and the OMB

Director, an agency-specific plan to ensure that the agency’s

administration of the FOIA is in accordance with applicable law and

the policies set forth in section 1 of this order. The plan, which

shall be submitted to the head of the agency for approval, shall

address the agency’s implementation of the FOIA during fiscal years

2006 and 2007.

(ii) The plan shall include specific activities that the agency

will implement to eliminate or reduce the agency’s FOIA backlog,

including (as applicable) changes that will make the processing of

FOIA requests more streamlined and effective, as well as increased

reliance on the dissemination of records that can be made available

to the public through a website or other means that do not require

the public to make a request for the records under the FOIA.

(iii) The plan shall also include activities to increase public

awareness of FOIA processing, including as appropriate, expanded

use of the agency’s Center and its FOIA Public Liaisons.

(iv) The plan shall also include, taking appropriate account of

the resources available to the agency and the mission of the

agency, concrete milestones, with specific timetables and outcomes

to be achieved, by which the head of the agency, after consultation

with the OMB Director, shall measure and evaluate the agency’s

success in the implementation of the plan.

(c) Agency Reports to the Attorney General and OMB Director.

(i) The head of each agency shall submit a report, no later than

6 months from the date of this order, to the Attorney General and

the OMB Director that summarizes the results of the review under

section 3(a) of this order and encloses a copy of the agency’s plan

under section 3(b) of this order. The agency shall publish a copy

of the agency’s report on the agency’s website or, in the case of

an agency without a website, on the Firstgov.gov website, or, in

the case of any agency with neither a website nor the capability to

publish on the Firstgov.gov website, in the Federal Register.

(ii) The head of each agency shall include in the agency’s annual

FOIA reports for fiscal years 2006 and 2007 a report on the

agency’s development and implementation of its plan under section

3(b) of this order and on the agency’s performance in meeting the

milestones set forth in that plan, consistent with any related

guidelines the Attorney General may issue under section 552(e) of

title 5, United States Code.

(iii) If the agency does not meet a milestone in its plan, the

head of the agency shall:

(A) identify this deficiency in the annual FOIA report to the

Attorney General;

(B) explain in the annual report the reasons for the agency’s

failure to meet the milestone;

(C) outline in the annual report the steps that the agency has

already taken, and will be taking, to address the deficiency; and

(D) report this deficiency to the President’s Management

Council.

Sec. 4. Attorney General.

(a) Report. The Attorney General, using the reports submitted by

the agencies under subsection 3(c)(i) of this order and the

information submitted by agencies in their annual FOIA reports for

fiscal year 2005, shall submit to the President, no later than 10

months from the date of this order, a report on agency FOIA

implementation. The Attorney General shall consult the OMB Director

in the preparation of the report and shall include in the report

appropriate recommendations on administrative or other agency

actions for continued agency dissemination and release of public

information. The Attorney General shall thereafter submit two

further annual reports, by June 1, 2007, and June 1, 2008, that

provide the President with an update on the agencies’

implementation of the FOIA and of their plans under section 3(b) of

this order.

(b) Guidance. The Attorney General shall issue such instructions

and guidance to the heads of departments and agencies as may be

appropriate to implement sections 3(b) and 3(c) of this order.

Sec. 5. OMB Director. The OMB Director may issue such

instructions to the heads of agencies as are necessary to implement

this order, other than sections 3(b) and 3(c) of this order.

Sec. 6. Definitions. As used in this order:

(a) the term “agency” has the same meaning as the term “agency”

under section 552(f)(1) of title 5, United States Code; and

(b) the term “record” has the same meaning as the term “record”

under section 552(f)(2) of title 5, United States Code.

Sec. 7. General Provisions.

(a) The agency reviews under section 3(a) of this order and

agency plans under section 3(b) of this order shall be conducted

and developed in accordance with applicable law and applicable

guidance issued by the President, the Attorney General, and the OMB

Director, including the laws and guidance regarding information

technology and the dissemination of information.

(b) This order:

(i) shall be implemented in a manner consistent with applicable

law and subject to the availability of appropriations;

(ii) shall not be construed to impair or otherwise affect the

functions of the OMB Director relating to budget, legislative, or

administrative proposals; and

(iii) is intended only to improve the internal management of the

executive branch and is not intended to, and does not, create any

right or benefit, substantive or procedural, enforceable at law or

in equity by a party against the United States, its departments,

agencies, instrumentalities, or entities, its officers or

employees, or any other person.

George W. Bush.

FREEDOM OF INFORMATION ACT

Memorandum of President of the United States, Jan. 21, 2009, 74

F.R. 4683, provided:

Memorandum for the Heads of Executive Departments and Agencies

A democracy requires accountability, and accountability requires

transparency. As Justice Louis Brandeis wrote, “sunlight is said to

be the best of disinfectants.” In our democracy, the Freedom of

Information Act (FOIA), which encourages accountability through

transparency, is the most prominent expression of a profound

national commitment to ensuring an open Government. At the heart of

that commitment is the idea that accountability is in the interest

of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a

clear presumption: In the face of doubt, openness prevails. The

Government should not keep information confidential merely because

public officials might be embarrassed by disclosure, because errors

and failures might be revealed, or because of speculative or

abstract fears. Nondisclosure should never be based on an effort to

protect the personal interests of Government officials at the

expense of those they are supposed to serve. In responding to

requests under the FOIA, executive branch agencies (agencies)

should act promptly and in a spirit of cooperation, recognizing

that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure,

in order to renew their commitment to the principles embodied in

FOIA, and to usher in a new era of open Government. The presumption

of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should

take affirmative steps to make information public. They should not

wait for specific requests from the public. All agencies should use

modern technology to inform citizens about what is known and done

by their Government. Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing

the FOIA to the heads of executive departments and agencies,

reaffirming the commitment to accountability and transparency, and

to publish such guidelines in the Federal Register. In doing so,

the Attorney General should review FOIA reports produced by the

agencies under Executive Order 13392 of December 14, 2005. I also

direct the Director of the Office of Management and Budget to

update guidance to the agencies to increase and improve information

dissemination to the public, including through the use of new

technologies, and to publish such guidance in the Federal Register.

This memorandum does not create any right or benefit, substantive

or procedural, enforceable at law or in equity by any party against

the United States, its departments, agencies, or entities, its

officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby

authorized and directed to publish this memorandum in the Federal

Register.

Barack Obama.

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About yvonnemason

Background:  The eldest of five children, Yvonne was born May 17, 1951 in Atlanta, Georgia. Raised in East Point, Georgia, she moved to Jackson County, Ga. until 2006 then moved to Port St. Lucie, Florida where she currently makes her home.  Licensed bounty hunter for the state of Georgia. Education:  After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. Awards:  Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. Affiliations:  Beta Sigma Phi Sorority  Member of The Florida Writer’s Association – Group Leader for St Lucie County The Dream:  Since learning to write at the age of five, Yvonne has wanted to be an author. She wrote her first novel Stan’s Story beginning in 1974 and completed it in 2006. Publication seemed impossible as rejections grew to 10 years. Determined, she continued adding to the story until her dream came true in 2006. The Inspiration:  Yvonne’s brother Stan has been her inspiration and hero in every facet of her life. He was stricken with Encephalitis at the tender age of nine months. He has defied every roadblock placed in his way and has been the driving force in every one of her accomplishments. He is the one who taught her never to give up The Author: Yvonne is currently the author of several novels, including:  Stan’s Story- the true story of her brother’s accomplishments, it has been compared to the style of Capote, and is currently being rewritten with new information for re-release.  Tangled Minds - a riveting story about a young girl’s bad decision and how it taints everyone’s life around her yet still manages to show that hope is always possible. This novel has been compared to the writing of Steinbeck and is currently being written as a screenplay. This novel will be re-released by Kerlak Publishing in 2009  Brilliant Insanity – released by Kerlak Publishing October 2008  Silent Scream – Released by Lulu.com October 2008- Slated to be made into a movie Yvonne’s Philosophy in Life - “Pay it Forward”: “In this life we all have been helped by others to attain our dreams and goals. We cannot pay it back but what we can do is ‘pay it forward’. It is a simple
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6 Responses to This Law Allows Parents To Demand and Recieve thier files from CPS and other Agencies

  1. Heather Clay says:

    Thank you for the information you give. It is helping me fight coweta county georgia dfcs. THANK YOU ALL FOR WHAT YOU DO. OUR CHILDREN NEED THEIR VOICE HEARD AND WE CAN DO IT FOR THEM.

    Like

  2. Amber Rawlins says:

    Hello my name is Amber Rawlins I am 21 yrs old and have 3 beautiful children that have been ripped outta my home for the 2nd time for a pile of clean clothes in my bedroom. I am putting together a meeting in a couple of weeks here in rabun county for anyone who has been wronged by dfacs to stand with us brooke shaddix which is the state administrator over the division of family and children services will be present at my second meeting and i would appreciate it if you could give me a call i have a few questions that i have my number is 706-982-1621 thank you

    Like

    • Hi Amber,

      Sweetie have you held your meeting yet? If so, how did it go? I would like for you to contact me as we are having a meeting also but there will not be any DFCS employees at this meeting.

      Good luck and take care,
      Callie

      Like

  3. chet myrick says:

    hi im chet myrick from maine i lost my little girl whisper im looking to fight back for my whisper i had a baby by a woman who had her son killed by her husbun two years befor i met her i stayed with her becouse she had my baby the state come and took her from me becouse i was still with the mother i would like to tell the story but im not that good at spilling so its hard for me i want people to know that i did nothing wrough i love kids im not gettig any help from my lawer at all the state is massing with me i need help to fight if u want to know more about me or my case u can call or text me at 207 699 9130 we have to fight for are kids

    Like

  4. Hi Yvonne, I know you are on out on a hiatus but wanted to let you know we are planning a meet of Georgia victims near Atlanta soon. Anyone interested may contact me by email.

    Hugs
    Callie

    Like

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