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This week, I went on line and found this important government
document. This is the act the media people are fond of quoting
whenever they get a hot item on someone in government. It looks
like a lot of work, but it's worth reading. Here is the first
part which I formatted after I downloaded it. The second part
(revisions and amendments) are in my archive. I did not reformat
it but it's there if you want to read or download it. Actually,
if you read the first two pages here, you will have the essence
of the law. The rest is your typical, legal, cover-your-butt stuff
and rules about document pricing. A humorous thing occurred to
me. Wouldn't it be funny if the government arrested me for downloading
information about my right to have information? Maybe I've been
spending too much time with the Gaffer.
Freedom of Information Act of 1966 and Amendments
(as of Jan. 2, 1991)
[From GPO US Code on CD-ROM (GPO S/N 052-001-004-00439-6)]
5 USC Sec. 552
TITLE 5
PART I
CHAPTER 5
SUBCHAPTER II
Sec. 552. Public information; agency rules, opinions, orders,
records, and proceedings
(a) Each agency shall make available to the public information
as follows:
(1) Each agency shall separately state and currently publish in
the Federal Register for the guidance of the public -
A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized
by law, and statements of general policy or interpretations of
general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection and copying -
(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and
(C) administrative staff manuals and instructions to staff that affect a member of the public;
unless the materials are promptly published and copies offered
for sale. 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, or staff manual or instruction. However,
in each case the justification for the deletion shall be explained
fully in writing. 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.
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) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) 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.
(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.
(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.
(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.
(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) 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.
(F) 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.
(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 ten 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.
(B) 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.
(C) 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 make 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.
(b) This section does not apply to matters that are -
(1)(A) specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national
defense or foreign policy and (B) are in fact properly classified
pursuant to such Executive order;
(2) related solely to the internal personnel rules and practices
of an agency;
(3) specifically exempted from disclosure by statute (other than
section 552b of this title), provided that such statute (A) requires
that the matters be withheld from the public in such a manner
as to leave no discretion on the issue, or (B) establishes particular
criteria for withholding or refers to particular types of matters
to be withheld;
(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.
(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) On or before March 1 of each calendar year, each agency shall
submit a report covering the preceding calendar year to the Speaker
of the House of Representatives and President of the Senate for
referral to the appropriate committees of the Congress. The report
shall include -
(1) the number of determinations made by such agency not to comply
with requests for records made to such agency under subsection
(a) and the reasons for each such determination;
(2) 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;
(3) the names and titles or positions of each person responsible
for the denial of records requested under this section, and the
number of instances of participation for each;
(4) the results of each proceeding conducted pursuant to subsection
(a)(4)(F), including a report of the disciplinary action taken
against the officer or employee who was primarily responsible
for improperly withholding records or an explanation of why disciplinary
action was not taken;
(5) a copy of every rule made by such agency regarding this section;
(6) a copy of the fee schedule and the total amount of fees collected
by the agency for making records available under this section;
and
(7) such other information as indicates efforts to administer
fully this section. The Attorney General shall submit an annual
report on or before March 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 subsections (a)(4)(E), (F), and (G). 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 '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.
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