Your Right To Federal Records - GSA · Table of Contents Introduction ... the recall documents. ... Under the Freedom of Information Act, 5 U.S.C. subsection 552, I am requesting

Your Right ToFederal RecordsQuestions and Answerson the Freedom of Information Actand Privacy Act

GSA Federal Citizen Information Center

Table of Contents

Introduction ..........................................................iThe Freedom of Information Act

What the Freedom of Information Act is andHow to Use it ........................................................1

The Privacy ActWhat the Privacy Act is and How to Use it ................8

A Comparison of the Freedom of Information Act and the Privacy Act

Relationship between the Two Laws andDeciding Which to Use ........................................12

Other Sources of Information ..............................13Text of the Freedom of Information Act ................16

Introduction

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The Freedom of Information Act(FOIA), enacted in 1966, provides

that any person has the right to requestaccess to federal agency records orinformation. Federal agencies arerequired to disclose records uponreceiving a written request for them,except for those records that areprotected from disclosure by any of thenine exemptions or three exclusions ofthe FOIA. This right of access isenforceable in court.

In 1996, Congress revised the Freedomof Information Act (FOIA) by passingthe Electronic Freedom of InformationAct Amendments (EFOIA). The EFOIAamendments provide for public accessto information in an electronic formatand for the establishment of electronicFOIA reading rooms through agencyFOIA sites on the Internet. The primarysource of FOIA-related information onthe Internet is the Justice Department’sFOIA website (www.usdoj.gov/foia),which contains links to the FOIA web-sites of other federal agencies.

The Privacy Act of 1974 is another feder-al law regarding federal governmentrecords or information about individuals.The Privacy Act establishes certain con-trols over how the executive branchagencies of the federal governmentgather, maintain, and disseminate per-sonal information. The Privacy Act alsocan be used to obtain access to infor-mation, but it pertains only to recordsthat federal agencies keep about individ-ual U.S. citizens and lawfully admitted

permanent resident aliens. The FOIA, onthe other hand, covers all records in thepossession and control of federal execu-tive branch agencies.

This brochure provides basic guidanceabout the FOIA and the Privacy Act toassist citizens in exercising their rights.It uses a question-and-answer format topresent information about these laws ina clear, simple manner. The brochure isnot intended to be a comprehensivetreatment of the complex issues associ-ated with the FOIA and the Privacy Act.

The questions answered here are thosefrequently asked by persons who con-tact the Federal Citizen InformationCenter (FCIC) of the U.S. GeneralServices Administration for informationon the FOIA and the Privacy Act. Theanswers were compiled by the FCIC,along with the Justice Department—theagency responsible for coordinating theadministration of the FOIA and encour-aging agency compliance with it. TheOffice of Management and Budget(OMB), which has a similar responsibili-ty for the Privacy Act, reviewed theanswers to questions on that law.

The Freedom of Information Act

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What information is available under the FOIA?

The FOIA provides access to all federalagency records (or portions of thoserecords), except for those records thatare protected from disclosure by any ofnine exemptions or three exclusions(reasons for which an agency may with-hold records from a requester).

The exemptions cover:

(1) classified national defense andforeign relations information,

(2) internal agency rules and prac-tices,

(3) information that is prohibitedfrom disclosure by another law,

(4) trade secrets and other confi-dential business information,

(5) inter-agency or intra-agencycommunications that are pro-tected by legal privileges,

(6) information involving matters ofpersonal privacy,

(7) certain information compiled forlaw enforcement purposes,

(8) information relating to thesupervision of financial institu-tions, and

(9) geological information on wells.

The three exclusions, which are rarelyused, pertain to especially sensitivelaw enforcement and national securitymatters.

Even if information is exempt from dis-closure under the FOIA, the agencystill may disclose it as a matter of

administrative discretion when it is notprohibited by any law and would notcause any foreseeable harm. The fulltext of the FOIA is printed beginningon page 17 of this publication.

The FOIA does not apply to Congress,the courts, or the central offices of theWhite House, nor does it apply torecords of state or local governments.However, nearly all state governmentshave their own FOIA-type statutes. Youmay request information about astate’s records access law by writingto the office of the attorney general ofthat state.

The FOIA does not require a privateorganization or business to release anyinformation directly to the public,whether it has been submitted to thefederal government or not. However,information submitted to the federalgovernment by such organizations orcompanies can be available through aFOIA request if it is not protected by aFOIA exemption, such as the one cov-ering trade secrets and confidentialbusiness information.

Under the FOIA, you may request andreceive by mail a copy of any recordthat is in an agency’s files and is notcovered by one of the exemptions orexclusions. For example, suppose youhave heard that a certain toy has beenrecalled as a safety hazard and youwant to know the details. TheConsumer Product Safety Commissioncould help you by providing copies of


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the recall documents. Perhaps youwant to read the latest inspectionreport on conditions at a nursing homecertified for Medicare. Your local SocialSecurity office keeps such records onfile. Or you might want to knowwhether the Department of VeteransAffairs has a file that mentions you. Inall of these examples, you could usethe FOIA to request information fromthe appropriate federal agency.

When you make a FOIA request, youmust describe the records that youwant as clearly and specifically as pos-sible. If the agency cannot identify andlocate records that you have requestedwith a reasonable amount of effort, itwill not be able to assist you. Whileagencies strive to handle all FOIArequests in a customer-friendly fash-ion, the FOIA does not require them todo research for you, analyze data,answer written questions, or in anyother way create records in order torespond to a request.

Can I find agency records onthe Internet?

Yes, and as a general rule, it is useful tolook at the information that an agencymakes available on the Internet beforemaking a FOIA request. Agencies placea wide variety of information on theirwebsites that is very useful to the gen-eral public and describes their variousprograms and activities. Additionally,under the EFOIA amendments, theFOIA now requires that agencies make

certain records available in their elec-tronic FOIA reading rooms on theInternet. For example, you may find cer-tain agency opinions, staff manuals,policy statements, and records fre-quently requested under the FOIA thatwere created by the agency afterNovember 1, 1996. If you prefer to seethese records in paper form, you canvisit an agency’s conventional FOIAreading room. You can find links to theFOIA sites of federal agencies on theInternet by going to the JusticeDepartment’s website as described onthe next page.

Whom do I contact in thefederal government with myrequest? How do I get theright address?

There is no one office of the federalgovernment that handles all FOIArequests. Each FOIA request must bemade to the particular agency that hasthe records that you want. For example,if you want to know about an investiga-tion of motor vehicle defects, write tothe Department of Transportation. Ifyou want information about awork-related accident at a nearbymanufacturing plant, write to theDepartment of Labor (at its office inthe region where the accidentoccurred). Most of the larger federalagencies have several FOIA offices.Some have one for each major bureauor component; others have one foreach region of the country.


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You may have to do a little research tofind the proper agency office to handleyour FOIA request, but you will save timein the long run if you send your requestdirectly to the most appropriate office.For assistance, you can contact theFederal Citizen Information Center(FCIC) of the U.S. General ServicesAdministration. The FCIC is specially pre-pared to help you find the right agency,the right office, and the right address.See page 13 for information on how tocontact the FCIC. On the Internet, youcan find addresses of the FOIA offices ofmost federal agencies by going to theJustice Department’s website atwww.usdoj.gov/foia (click on “OtherAgencies,” and select “Principal FOIAContacts at Other Federal Agencies”).

The U.S. Government Manual, the offi-cial handbook of the federal govern-ment, may also be useful. It describesthe programs within each federalagency and lists the names of top per-sonnel and agency addresses. TheManual is available at most publiclibraries and can be purchased from theSuperintendent of Documents (orderinginstructions are on page 13).Additionally, each agency publishesFOIA regulations in the Code of FederalRegulations (CFR) that contain themailing addresses of its FOIA offices.(For example, the Justice Department’sFOIA regulations can be found inVolume 28 of the CFR, Part 16.) The CFRis available at most public libraries.Also, many agencies have placed theirFOIA regulations on their FOIA sites onthe Internet.

How do I request information under the FOIA?

In order to make a FOIA request, simplywrite a letter to the appropriate agency.For the quickest possible handling, markboth your letter and the envelope“Freedom of Information Act Request.”Although you do not have to give arecord’s title, you should identify therecords that you want as specifically aspossible to increase the likelihood thatthe agency will be able to locate them.Any facts you can furnish about thetime, place, authors, events, subjects,and other details of the records will behelpful to the agency in deciding whereto search and in determining whichrecords respond to your request, savingyou and the government time and money.

As a general rule, FOIA requesters arenot required to state the reasons whythey are making their requests. You maydo so if you think it might help theagency to locate the records. If you arenot sure whether the records you wantare exempt from disclosure, you mayrequest them anyway. Agencies oftenhave the legal discretion to discloseexempt information and, in line with thegovernment’s openness policy, they areencouraged to do so whenever possible.

May I request records in a specific format?

Yes, but the records may not be avail-able in the requested format. If yourequest records that already exist in an


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A sample request is shown below. Keep a copy of your request. You may need torefer to it in further correspondence with the agency.

Sample FOIA Request Letter

Date

Freedom of Information Act Request Agency FOIA OfficerName of agency or agency component Address (see discussion on pages 2-3 on whom to contact)

Dear __________:

Under the Freedom of Information Act, 5 U.S.C. subsection 552, I amrequesting access to [identify the records as clearly and specifically aspossible].

If there are any fees for searching for or copying the records, please let meknow before you work on my request. [Or, please supply the records without informing me of the cost if the fees do not exceed $______, which Iagree to pay.]

If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information andnotify me of appeal procedures available under the law.

Optional: If you have any questions about handling this request, you maytelephone me at ___________ (home phone) or at ___________ (officephone).

Sincerely,

Name Address


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electronic format, the FOIA requiresagencies in almost all cases to providethese records to you in that same for-mat, if that is what you prefer.However, if you request records thatexist only in paper form, and would likethem in some electronic format, theagency is obligated to provide therecords in that electronic format only ifit can do so with a reasonable amountof effort. The same is true if yourequest that electronic records be pro-vided to you in an electronic format inwhich they do not already exist.

What is the cost for gettingrecords under the FOIA?

The FOIA permits agencies to chargefees to FOIA requesters. For noncom-mercial requesters, an agency maycharge only for the actual cost ofsearching for records and the cost ofmaking copies. Search fees usuallyrange from $15 to $40 per hour,depending upon the salary levels of thepersonnel needed for the search. Thecharge for copying documents can beas little as 10 cents per page at someagencies, but may be considerablymore at other agencies.

For noncommercial requests, agencieswill not charge for the first two hours ofsearch time or for the first 100 pages ofdocument copying. Agencies also willnot charge if the total cost is minimal.An agency should notify you before pro-ceeding with a request that will involvelarge fees, unless your request letter

already states your willingness to payfees as large as that amount. If fees arecharged, you may request a waiver ofthose fees if you can show that therecords, when disclosed to you, willcontribute significantly to the public’sunderstanding of the operations oractivities of the government.

How long will it take toanswer my request?

Under the FOIA, federal agencies arerequired to respond to your requestwithin 20 working days of receipt(excluding Saturdays, Sundays, andfederal holidays). If you have notreceived a response by the end of thattime (allowing for mailing time), youmay telephone the agency or write afollow-up letter to ask about the statusof your request. Sometimes an agencymay need more than 10 working daysto find the records, examine them, pos-sibly consult other persons or agen-cies, decide whether to disclose all ofthe information requested, and preparethe records for disclosure. Agenciesmay extend this 20-day period up to 10more working days, with written noticeto you. Some agencies, particularly lawenforcement agencies, receive largenumbers of requests, many of whichinvolve voluminous records or requireexceptional care to process. If anagency has a backlog of requests thatwere received before yours and hasassigned a reasonable portion of itsstaff to work on the backlog, theagency ordinarily will handle requests

on a first-come, first-served basis andmay not respond to all requests withinthe statutory time period. The FOIAallows an agency to set up processingcategories so that simple requests donot have to wait to be handled becausea more complicated request wasreceived by the agency first.

Is there any way for me tospeed up the response time?

If an agency is unable to respond toyour request in time, it may ask you tomodify your request so that you canreceive a response more quickly.Generally, it takes agencies less timeto process simple requests involving asmall number of records. Complexrequests, involving a greater number ofrecords, can take considerably moretime to process. Therefore, you and anagency FOIA Officer may want to dis-cuss narrowing the scope of yourrequest to speed up the response timeor to agree on an alternative timeframe for record processing.

Another means of obtaining a fasterresponse is to ask the agency for“expedited processing” of yourrequest. However, you should knowthat the agency will grant this requestonly under very specific circum-stances. In order to qualify, you mustcertify that there is an imminent threatto the life or physical safety of an indi-vidual or, if you are a member of thenews media, you must demonstratethat there is an urgency to inform the

public about certain federal govern-ment activity. An agency must decidewhether to grant a request for expedit-ed processing within 10 days. In theirindividual regulations, agencies mayestablish other ways for requesters toobtain expedited processing.

What happens if the agencydenies my request?

If the agency locates records inresponse to your request, it can with-hold them (or any portion of them) onlyif they are exempt from disclosure. Ifan agency denies your request, inwhole or in part, it ordinarily must pro-vide an estimate of the amount ofmaterial withheld, state the reason(s)for the denial and inform you of yourright to appeal to a higher decision-making level within the agency.

How do I appeal a denial?

In order to appeal a denial, promptlysend a letter to the agency. Most agen-cies require that appeals be madewithin 30 to 60 days after you receivenotification of a denial. The denial let-ter should tell you the office to whichyour appeal letter should beaddressed. For the quickest possiblehandling, you should mark both yourrequest letter and the envelope“Freedom of Information Act Appeal.”

Simply ask the agency to review yourFOIA request and its denial decision. Itis a good idea also to give your rea-


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son(s) for believing that the denial waswrong. Be sure to refer to any perti-nent communications you have hadwith the agency on the request andinclude any number the agency mayhave assigned to your request. It cansave time in acting on your appeal ifyou include copies of your FOIArequest and the agency’s denial letter.You do not need to enclose copies ofany documents released to you. Underthe FOIA, the agency has 20 workingdays (excluding Saturdays, Sundays,and federal holidays) to decide yourappeal. Under certain circumstances,it may also take an extension of up to10 working days. At some agencies, aswith initial requests, some appealsmay take longer to decide.

What can I do if my appealis denied?If the agency denies your appeal, ordoes not respond within the statutorytime period, you may take the matterto court. You can file a FOIA lawsuit inthe U.S. District Court where you live,where you have your principal place ofbusiness, where the documents arekept, or in the District of Columbia. Incourt, the agency will have to provethat any withheld information is cov-ered by one of the exemptions listed inthe law. If you win a substantial por-tion of your case and your lawsuit isfound to be a matter of public interest,the court may require the governmentto pay court costs and reasonableattorney’s fees for you.


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The Privacy Act

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What is the Privacy Act?

The federal government compiles a widerange of information on individuals. Forexample, if you were ever in the militaryor employed by a federal agency, thereshould be records of your service. If youhave ever applied for a federal benefit orreceived a student loan guaranteed bythe government, you are probably thesubject of a file. There are records onevery individual who has ever paidincome taxes or received a check fromSocial Security or Medicare.

The Privacy Act, passed by Congress in1974, establishes certain controls overwhat personal information is collectedby the federal government and how it isused. This law guarantees three primaryrights:

(1) the right to see records aboutoneself, subject to the PrivacyAct’s exemptions;

(2) the right to amend a nonexemptrecord if it is inaccurate, irrele-vant, untimely, or incomplete; and

(3 the right to sue the governmentfor violations of the statute, suchas permitting unauthorized indi-viduals to read your records.

The Privacy Act also provides for cer-tain limitations on agency informationpractices, such as requiring that infor-mation about an individual be collect-ed from that individual to the greatestextent practicable; requiring agenciesto ensure that their records are accu-rate, relevant, timely, and complete;

and prohibiting agencies from main-taining information describing how anindividual exercises his or her FirstAmendment rights unless the individ-ual consents to it, a statute permits it,or it is within the scope of an author-ized law enforcement investigation.

What information can I requestunder the Privacy Act?

The Privacy Act applies only to recordsabout individuals maintained by agen-cies in the executive branch of the fed-eral government. It applies to theserecords only if they are in a “system ofrecords,” which means they areretrieved by an individual’s name, SocialSecurity number, or some other person-al identifier. In other words, the PrivacyAct does not apply to information aboutindividuals in records that are filedunder other subjects, such as organiza-tions or events, unless the agency alsoindexes and retrieves them by individualnames or other personal identifiers.

There are 10 exemptions to the PrivacyAct under which an agency can with-hold certain kinds of information fromyou. Examples of exempt records arethose containing classified informationon national security and those con-cerning criminal investigations.Another exemption often used byagencies is that which protects infor-mation that would identify a confiden-tial source. For example, if an investi-gator questions a person about yourqualifications for federal employmentand that person agrees to answer only

The Privacy Act

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if his identity is protected, then hisname or any information that wouldidentify him can be withheld. The 10exemptions are set out in the law.

If you are interested in more details,you should read the Privacy Act in itsentirety. Though this law is too lengthyto publish as part of this brochure, it isreadily available. It is printed in the U.S.Code (Section 552a of Title 5), whichcan be found in many public and schoollibraries. You may also order a copy ofthe Privacy Act of 1974, Public Law93-579, from the Superintendent ofDocuments (ordering instructions areon page 14). Also, the full text of thePrivacy Act is available on the JusticeDepartment’s FOIA site on the Internet.Go to the Justice Department’s websiteat www.usdoj.gov/foia (click on“Reference Materials,” and scroll downto the “Text of the Privacy Act”).

Whom do I contact in thefederal government with myrequest? How do I get theright address?

As with the FOIA, no one office han-dles all Privacy Act requests. To locatethe proper agency to handle yourrequest, follow the same guidelines asfor the Freedom of Information Act.

How do I know if an agencyhas a file on me?

If you think a particular agency has afile pertaining to you, you may write to

the Privacy Act Officer or head of theagency. Agencies are generally requiredto inform you, upon request, whether ornot they have files on you. In addition,agencies are required to report publiclythe existence of all systems of recordsthey keep on individuals. The Office ofthe Federal Register makes available onthe Internet a compilation of eachagency’s systems of records notices,including exemptions, as well as itsPrivacy Act regulations. The PrivacyAct Issuances Compilation is updatedevery two years and can be found atwww.access.gpo.gov/su_docs.

How do I request informa-tion under the Privacy Act?

Write a letter to the agency that youbelieve may have a file pertaining toyou. Address your request to theagency’s Privacy Act Officer. Be sureto write “Privacy Act Request” clearlyon both the letter and the envelope.

Most agencies require some proof ofidentity before they will give you yourrecords. Therefore, it is a good idea toenclose proof of identity (such as acopy of your driver’s license) with yourfull name and address. Do not send theoriginal documents. Remember to signyour request for information, sinceyour signature is a form of identifica-tion. If an agency needs more proof ofidentity before releasing your files, itwill let you know.

The Privacy Act

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Give as much information as possibleas to why you believe the agency hasrecords about you. The agency shouldprocess your request or contact you foradditional information.

A sample request is shown on page 11.Keep a copy of your request. You mayneed to refer to it in further correspon-dence with the agency.

What is the cost for gettingrecords under the PrivacyAct?

Under the Privacy Act, an agency canonly charge for the cost of copyingrecords, not for time spent locating them.

How long will it take toanswer my request?

Under the terms of the Privacy Act, theagency is not required to reply to arequest within a given period of time.However, most agencies have adoptedthe FOIA response times. If you do notreceive any response within four weeksor so, you might wish to write again,enclosing a copy of your original request.

What if I find that a federalagency has incorrect infor-mation about me in its files?

The Privacy Act requires agenciesmaintaining personal information aboutindividuals to keep accurate, relevant,timely, and complete files. If, after see-

ing your file, you believe that it containsincorrect information and should beamended, write to the agency officialwho released the record to you. Includeall pertinent documentation for eachchange you are requesting. The agencywill let you know if further proof is need-ed. The law requires an agency to notifyyou of the receipt of such an amend-ment request within 10 working days ofreceipt. If your request for amendment isgranted, the agency will tell you precise-ly what will be done to amend therecord. You may appeal any denial. Evenif an agency denies your appeal, youhave the right to submit a statementexplaining why you think the record iswrong and the agency must attach yourstatement to any nonexempt recordsinvolved. The agency must also informyou of your right to go to court and havea judge review the denial of your appeal.

What can I do if I am deniedinformation requested underthe Privacy Act?

There is no required procedure forPrivacy Act appeals, but an agencyshould advise you of its own appealprocedure when it makes a denial.Should the agency deny your appeal,you may take the matter to court. If youwin your case, you may be awardedcourt costs and attorney’s fees.

The Privacy Act

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Sample Privacy Act Request LetterDate

Privacy Act RequestAgency FOIA/Privacy Act Officer Name of agency or agency component Address (see discussion on page 9 on whom to contact)

Dear __________:

Under the Freedom of Information Act, 5 U.S.C. subsection 552, and thePrivacy Act, 5 U.S.C. subsection 552a, I am requesting access to [identify the records as clearly and specifically as possible].

If there are any fees for searching for or copying the records, please letme know before you work on my request. [Or, please supply the recordswithout informing me of the cost if the fees do not exceed $______,which I agree to pay.]

If you deny all or any part of this request, please cite each specificexemption you think justifies your refusal to release the information andnotify me of appeal procedures available under the law.

Optional: If you have any questions about handling this request, youmay telephone me at ___________ (home phone) or at ___________(office phone).

Sincerely,

Name AddressEnclosure (proof of identity)

A Comparison of the Freedom ofInformation Act and the Privacy Act

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What is the relationshipbetween the FOIA and thePrivacy Act?

Although the two laws were enactedfor different purposes, there is somesimilarity in their provisions. Both theFOIA and the Privacy Act give peoplethe right to request access to recordsheld by agencies of the federal govern-ment. The FOIA’s access rights aregiven to “any person,” but the PrivacyAct’s access rights are given only tothe individual who is the subject of therecords sought (if that individual is aU.S. citizen or a lawfully admitted per-manent resident alien).

The FOIA applies to all federal agencyrecords. The Privacy Act, however,applies to only those federal agencyrecords that are in “systems of records”containing information about individualsthat is retrieved by the use of a name orpersonal identifier. Each law has a some-what different set of fees, time limits,and exemptions from its right of access.

If the information you want pertains tothe activities of a federal agency, anorganization, or some person other thanyourself, you should make your requestunder the FOIA, which covers allagency records. If the information youwant is about yourself, you should makethe request also under the Privacy Act,which covers most records of agenciesthat pertain to individuals. Sometimesyou can use the FOIA to get recordsabout yourself that are not in a PrivacyAct “system of records.” If you are in

doubt about which law applies or wouldbetter suit your needs, you may refer toboth in your request letter. If yourequest records about yourself and thePrivacy Act applies, the agency shouldprocess the request under both theFOIA and the Privacy Act and withholdrequested information from you only ifit is exempt under both laws.

Can I request informationabout other people?

Yes, but it might be withheld to protecttheir personal privacy. The FOIA con-tains two very important provisions con-cerning personal privacy: Exemption 6and Exemption 7(C). They protect youfrom others who may seek informationabout you, but they also may preventyou from obtaining information aboutothers. The FOIA’s Exemption 6 permitsan agency to withhold information aboutindividuals if disclosing it would be “aclearly unwarranted invasion of person-al privacy.” This includes, for example,almost all of the information in medicaland financial benefit files and much ofthe information in personnel files.Exemption 7(C) similarly protects per-sonal privacy interests in law enforce-ment records. To decide whether towithhold information under these twoFOIA privacy exemptions, an agencymust balance personal privacy interestsagainst any public interest that would beserved by disclosure. Neither Exemption6 nor Exemption 7(C) can be used todeny you access to information aboutyourself, only to deny you informationabout other persons.

Federal Citizen InformationCenter

The Federal Citizen Information Center(FCIC) of the U.S. General ServicesAdministration administers a nationalcontact center which can help you findinformation about the federal govern-ment's agencies, services, and pro-grams. You may ask the contact centerfor assistance in contacting the properfederal agency with your Freedom ofInformation Act or Privacy Act request.

Simply call toll-free 1-800-FED-INFO(that’s 1-800-333-4636) from anywhere inthe United States. The contact center isopen for personal assistance from 8 a.m. to 8 p.m., Eastern time, Mondaythrough Friday, except federal holidays.Recorded information on frequentlyrequested subjects is available aroundthe clock.

You may also visit the contact center'swebsite at www.pueblo.gsa.gov/call(under “Our Frequently AskedQuestions,” click on "Freedom ofInformation” or “Privacy"). A text versionof this publication is available on theFCIC’s website at www.pueblo.gsa.gov(click on “Federal Programs,” and scrolldown to this publication’s title) and theJustice Department’s website atwww.usdoj.gov/foia (click on “ReferenceMaterials,” and scroll down to this publi-cation’s title).

In addition, the FCIC publishes the freeConsumer Information Catalog, whichlists more than 200 free and low-cost

federal booklets on a wide variety ofconsumer topics. For a free copy of theCatalog, write to ConsumerInformation Catalog, Pueblo, CO 81009,or call toll-free 1-800-FED-INFO (that’s1-800-333-4636). The Catalog is alsoavailable through FCIC's website atwww.pueblo.gsa.gov.

U.S. Government Manual

The U.S. Government Manual is the offi-cial handbook of the federal govern-ment. Published by the NationalArchives and Records Administration, itdescribes the programs in each federalagency, lists the names of top person-nel, the mailing address, and a generalinformation telephone number. It isavailable in most public libraries or canbe purchased by sending a check ormoney order to the Superintendent ofDocuments, PO Box 371954, Pittsburgh,PA 15250-7954. For pricing and orderinginformation, call toll-free 1-866-512-1800.The text version is available on the U.S.Government Printing Office’s website atwww.access.gpo.gov/nara/nara001.html

The Privacy Act of 1974

This law gives citizens the right to seefiles about themselves, subject to itsexemptions; to request an amendmentif a nonexempt record is inaccurate,irrelevant, untimely, or incomplete; andto sue the government for permittingothers to see their files unless specifi-cally permitted by the law. A completecopy of the Privacy Act can be foundat Section 552a of Title 5 of the U.S.

Other Sources of Information

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Code. Or you may order a copy of thePrivacy Act, Public Law 93-579, fromthe Superintendent of Documents, PO Box 371954, Pittsburgh, PA15250-7954. For pricing and orderinginformation, call toll-free 1-866-512-1800. A text version is available onthe Justice Department’s website atwww.usdoj.gov/foia (click on“Reference Materials,” and scroll downto the “Text of the Privacy Act”).

A Citizen’s Guide on Usingthe Freedom of InformationAct and the Privacy Act of1974 to Request GovernmentRecords

This booklet, written by the Committeeon Government Reform, U.S. House ofRepresentatives, provides a muchmore detailed explanation of theFreedom of Information Act and thePrivacy Act than this brochure. It maybe purchased from the Superintendentof Documents, PO Box 371954,Pittsburgh, PA 15250-7954. To order bytelephone, call toll-free 1-866-512-1800.Text and Portable Document Format(PDF) versions are available online atwww.house.gov/reform/reports.htm.

Freedom of Information ActGuide and Privacy ActOverview

This book is updated every other yearby the Justice Department’s Office ofInformation and Privacy. The “Justice

Department’s Guide to the Freedom ofInformation Act,” is a comprehensivesummary of the law that includes a dis-cussion of the nine FOIA exemptionsand its most important proceduralaspects. The “Privacy Act Overview,”prepared in coordination with theOffice of Management and Budget, is adiscussion of the provisions of thePrivacy Act. The book also contains thetexts of both statutes. It may be pur-chased from the Superintendent ofDocuments, PO Box 371954, Pittsburgh,PA 15250-7954. For pricing and orderinginformation, call toll-free 1-866-512-1800.Text versions are available on theJustice Department’s website atwww.usdoj.gov/foia (click on“Reference Materials,” and then clickon the name of each document).

Freedom of InformationCase List

This book, updated in 2002 by theJustice Department’s Office ofInformation and Privacy, contains listsof cases decided under the Freedom ofInformation Act, the Privacy Act, theGovernment in the Sunshine Act, andthe Federal Advisory Committee Act.The book includes the texts of thosefour statutes and a list of related lawreview articles. For pricing and orderinginformation, call toll-free 1-866-512-1800.A text version is available on the JusticeDepartment’s website atwww.usdoj.gov/foia (click on“Reference Materials,” and then clickon “Freedom of Information Case List”).


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FOIA Update

This newsletter, published by theJustice Department’s Office ofInformation and Privacy from1979–2000, contained information andguidance for federal agencies. All backissues are available and keywordsearchable on the Justice Department'swebsite at www.usdoj.gov/foia (click on"Reference Materials,"and then click on“FOIA Update”).

FOIA Post

This Web-based successor to FOIAUpdate has been published by theJustice Department's Office ofInformation and Privacy as of 2001.Articles of FOIA-related informationand guidance are published on an as-needed basis. It can be found on theJustice Department's website atwww.usdoj.gov/foia (click on"Reference Materials," and then clickon “FOIA Post”).


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The Freedom of Information Act,5 U.S.C. § 552

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§ 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 theFederal Register for the guidance of the public—

(A) descriptions of its central and field organization and the estab-lished places at which, the employees (and in the case of a uni-formed service, the members) from whom, and the methodswhereby, the public may obtain information, make submittals orrequests, or obtain decisions;

(B) statements of the general course and method by which its func-tions are channeled and determined, including the nature andrequirements of all formal and informal procedures available;

(C) rules of procedure, descriptions of forms available or the placesat which forms may be obtained, and instructions as to thescope and contents of all papers, reports, or examinations;

(D) substantive rules of general applicability adopted as authorizedby law, and statements of general policy or interpretations ofgeneral 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 termsthereof, a person may not in any manner be required to resort to, or be adverselyaffected by, a matter required to be published in the Federal Register and not sopublished. For the purpose of this paragraph, matter reasonably available to theclass of persons affected thereby is deemed published in the Federal Registerwhen incorporated by reference therein with the approval of the Director of theFederal Register.

(2) Each agency, in accordance with published rules, shall make avail-able for public inspection and copying—

(A) final opinions, including concurring and dissenting opinions, aswell as orders, made in the adjudication of cases;

The Freedom of Information Act, 5 U.S.C. § 552

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(B) those statements of policy and interpretations which have beenadopted by the agency and are not published in the FederalRegister;

(C) administrative staff manuals and instructions to staff thataffect a member of the public;

(D) copies of all records, regardless of form or format, which havebeen released to any person under paragraph (3) and which,because of the nature of their subject matter, the agency deter-mines have become or are likely to become the subject of sub-sequent 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. Forrecords created on or after November 1, 1996, within one year after such date,each agency shall make such records available, including by computer telecom-munications or, if computer telecommunications means have not been estab-lished by the agency, by other electronic means. To the extent required to pre-vent a clearly unwarranted invasion of personal privacy, an agency may deleteidentifying details when it makes available or publishes an opinion, statement ofpolicy, interpretation, staff manual, instruction, or copies of records referred toin subparagraph (D). However, in each case the justification for the deletionshall be explained fully in writing and the extent of such deletion shall be indi-cated on the portion of the record which is made available or published, unlessincluding that indication would harm an interest protected by the exemption insubsection (b) under which the deletion is made. If technically feasible, theextent of the deletion shall be indicated at the place in the record where thedeletion was made. Each agency shall also maintain and make available for pub-lic inspection and copying current indexes providing identifying information forthe 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 agencyshall promptly publish, quarterly or more frequently, and distribute (by sale orotherwise) copies of each index or supplements thereto unless it determines byorder published in the Federal Register that the publication would be unneces-sary and impracticable, in which case the agency shall nonetheless providecopies of such index on request at a cost not to exceed the direct cost of dupli-cation. Each agency shall make the index referred to in subparagraph (E) avail-able by computer telecommunications by December 31, 1999. A final order, opin-


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ion, statement of policy, interpretation, or staff manual or instruction thataffects a member of the public may be relied on, used, or cited as precedent byan agency against a party other than an agency only if—

(i) it has been indexed and either made available or publishedas 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 para-graphs (1) and (2) of the subsection, each agency, upon any requestfor records which (i) reasonably describes such records and (ii) ismade in accordance with published rules stating the time, place,fees (if any), and procedures to be followed, shall make the recordspromptly available to any person.

(B) In making any record available to a person under this para-graph, an agency shall provide the record in any form or formatrequested by the person if the record is readily reproducible bythe agency in that form or format. Each agency shall make rea-sonable efforts to maintain its records in forms or formats thatare reproducible for purposes of this section.

(C) In responding under this paragraph to a request for records, anagency shall make reasonable efforts to search for the recordsin electronic form or format, except when such efforts wouldsignificantly interfere with the operation of the agency’s auto-mated information system.

(D) For purposes of this paragraph, the term “search” means toreview, manually or by automated means, agency records forthe purpose of locating those records which are responsive to arequest.

(4) (A)(i) In order to carry out the provisions of this section, each agencyshall promulgate regulations, pursuant to notice and receipt of publiccomment, specifying the schedule of fees applicable to the process-ing of requests under the section and establishing procedures andguidelines for determining when such fees should be waived orreduced. Such schedule shall conform to the guidelines which shall


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be promulgated, pursuant to notice and receipt of public comment,by the Director of the Office of Management and Budget and whichshall 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 fordocument search, duplication, and review, whenrecords are requested for commercial use;

(II) fees shall be limited to reasonable standard charges fordocument duplication when records are not sought forcommercial use and the request is made by an educa-tional or noncommercial scientific institution, whosepurpose is scholarly or scientific research; or a repre-sentative of the news media; and

(III) for any request not described in (I) or (II), fees shall belimited to reasonable standard charges for documentsearch and duplication.

(iii) Documents shall be furnished without any charge or at acharge reduced below the fees established under clause (ii) ifdisclosure of the information is in the public interest becauseit is likely to contribute significantly to public understandingof the operations or activities of the government and is notprimarily in the commercial interest of the requester.

(iv) Fee schedules shall provide for the recovery of only thedirect costs of search, duplication, or review. Review costsshall include only the direct costs incurred during the initialexamination of a document for the purposes of determiningwhether the documents must be disclosed under this sec-tion and for the purposes of withholding any portionsexempt from disclosure under this section. Review costsmay not include any costs incurred in resolving issues oflaw or policy that may be raised in the course of processinga request under this section. No fee may be charged by anyagency under this section—


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(I) if the costs of routine collection and processing of thefee are likely to equal or exceed the amount of the fee; or

(II) for any request described in clause (ii)(II) or (III) of thissubparagraph for the first two hours of search time orfor the first one hundred pages of duplication.

(v) No agency may require advance payment of any fee unlessthe requester has previously failed to pay fees in a timelyfashion, or the agency has determined that the fee willexceed $250.

(vi) Nothing in this subparagraph shall supersede fees charge-able under a statute specifically providing for setting thelevel of fees for particular types of records.

(vii) In any action by a requester regarding the waiver of feesunder this section, the court shall determine the matter denovo, provided, that the court’s review of the matter shall belimited to the record before the agency.

(B) On complaint, the district court of the United States in the dis-trict in which the complainant resides, or has his principal placeof business, or in which the agency records are situated, or inthe District of Columbia, has jurisdiction to enjoin the agencyfrom withholding agency records and to order the production ofany 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 cam-era to determine whether such records or any part thereof shallbe withheld under any of the exemptions set forth in subsection(b) of this section, and the burden is on the agency to sustainits action. In addition to any other matters to which a courtaccords substantial weight, a court shall accord substantialweight to an affidavit of an agency concerning the agency’sdetermination as to technical feasibility under paragraph (2)(C)and subsection (b) and reproducibility under paragraph (3)(B).


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(C) Notwithstanding any other provision of law, the defendant shallserve an answer or otherwise plead to any complaint madeunder this subsection within thirty days after service upon thedefendant 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, 402(2), Nov. 8, 1984, 98 Stat.3335, 3357.

(E) The court may assess against the United States reasonableattorney fees and other litigation costs reasonably incurred inany case under this section in which the complainant has sub-stantially prevailed.

(F) Whenever the court orders the production of any agency recordsimproperly withheld from the complainant and assesses againstthe United States reasonable attorney fees and other litigationcosts, and the court additionally issues a written finding that thecircumstances surrounding the withholding raise questionswhether agency personnel acted arbitrarily or capriciously withrespect to the withholding, the Special Counsel shall promptlyinitiate a proceeding to determine whether disciplinary action iswarranted against the officer or employee who was primarilyresponsible for the withholding. The Special Counsel, after inves-tigation and consideration of the evidence submitted, shall sub-mit his findings and recommendations to the administrativeauthority of the agency concerned and shall send copies of thefindings and recommendations to the officer or employee or hisrepresentative. The administrative authority shall take the cor-rective action that the Special Counsel recommends.

(G) In the event of noncompliance with the order of the court, the dis-trict 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 andmake available for public inspection a record of the final votes ofeach member in every agency proceeding.


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(6) (A) Each agency, upon any request for records made under para-graph (1), (2), or (3) of this subsection, shall—

(i) determine within twenty days (excepting Saturdays,Sundays, and legal public holidays) after the receipt of anysuch request whether to comply with such request andshall immediately notify the person making such request ofsuch determination and the reasons therefor, and of theright of such person to appeal to the head of the agencyany adverse determination; and

(ii) make a determination with respect to any appeal withintwenty days (excepting Saturdays, Sundays, and legal pub-lic holidays) after the receipt of such appeal. If on appealthe denial of the request for records is in whole or in partupheld, the agency shall notify the person making suchrequest of the provisions for judicial review of that determi-nation under paragraph (4) of this subsection.

(B) (i) In unusual circumstances as specified in this subparagraph,the time limits prescribed in either clause (i) or clause (ii) ofsubparagraph (A) may be extended by written notice to the per-son making such request setting forth the unusual circum-stances for such extension and the date on which a determina-tion is expected to be dispatched. No such notice shall specifya date that would result in an extension for more than ten work-ing days, except as provided in clause (ii) of this subparagraph.

(ii) With respect to a request for which a written notice underclause (i) extends the time limits prescribed under clause (i)of subparagraph (A), the agency shall notify the personmaking the request if the request cannot be processedwithin the time limit specified in that clause and shall pro-vide the person an opportunity to limit the scope of therequest so that it may be processed within that time limit oran opportunity to arrange with the agency an alternativetime frame for processing the request or a modifiedrequest. Refusal by the person to reasonably modify therequest or arrange such an alternative time frame shall be


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considered as a factor in determining whether exceptionalcircumstances exist for purposes of subparagraph (C).

(iii) As used in this subparagraph, “unusual circumstances”means, but only to the extent reasonably necessary to theproper processing of the particular requests—

(I) the need to search for and collect the requestedrecords from field facilities or other establishments thatare separate from the office processing the request;

(II) the need to search for, collect, and appropriately exam-ine a voluminous amount of separate and distinctrecords which are demanded in a single request; or

(III) the need for consultation, which shall be conductedwith all practicable speed, with another agency having asubstantial interest in the determination of the requestor among two or more components of the agency havingsubstantial subject matter interest therein.

(iv) Each agency may promulgate regulations, pursuant tonotice and receipt of public comment, providing for theaggregation of certain requests by the same requester, orby a group of requesters acting in concert, if the agencyreasonably believes that such requests actually constitute asingle request, which would otherwise satisfy the unusualcircumstances specified in this subparagraph, and therequests involve clearly related matters. Multiple requestsinvolving unrelated matters shall not be aggregated.

(C) (i) Any person making a request to any agency for records underparagraph (1), (2), or (3) of this subsection shall be deemed tohave exhausted his administrative remedies with respect to suchrequest if the agency fails to comply with the applicable timelimit provisions of this paragraph. If the Government can showexceptional circumstances exist and that the agency is exercisingdue diligence in responding to the request, the court may retainjurisdiction and allow the agency additional time to complete its


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review of the records. Upon any determination by an agency tocomply with a request for records, the records shall be madepromptly available to such person making such request. Anynotification of denial of any request for records under this sub-section shall set forth the names and titles or positions of eachperson responsible for the denial of such request.

(ii) For purposes of this subparagraph, the term “exceptionalcircumstances” does not include a delay that results from apredictable agency workload of requests under this section,unless the agency demonstrates reasonable 4progress inreducing its backlog of pending requests.

(iii) Refusal by a person to reasonably modify the scope of arequest or arrange an alternative time frame for processingthe request (or a modified request) under clause (ii) afterbeing given an opportunity to do so by the agency to whomthe person made the request shall be considered as a factorin determining whether exceptional circumstances exist forpurposes of this subparagraph.

(D) (i) Each agency may promulgate regulations, pursuant to noticeand receipt of public comment, providing for multitrack pro-cessing of requests for records based on the amount of work ortime (or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a personmaking a request that does not qualify for the fastest multi-track processing an opportunity to limit the scope of therequest in order to qualify for faster processing.

(iii) This subparagraph shall not be considered to affect therequirement under subparagraph (C) to exercise due diligence.

(E) (i) Each agency shall promulgate regulations, pursuant to noticeand receipt of public comment, providing for expedited process-ing of requests for records–


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(I) in cases in which the person requesting the recordsdemonstrates a compelling need; and

(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under this subpara-graph must ensure—

(I) that a determination of whether to provide expedited pro-cessing shall be made, and notice of the determinationshall be provided to the person making the request,within 10 days after the date of the request; and

(II) expeditious consideration of administrative appeals ofsuch determinations of whether to provide expeditedprocessing.

(iii) An agency shall process as soon as practicable any requestfor records to which the agency has granted expedited pro-cessing under this subparagraph. Agency action to deny oraffirm denial of a request for expedited processing pur-suant to this subparagraph, and failure by an agency torespond in a timely manner to such a request shall be sub-ject to judicial review under paragraph (4), except that thejudicial review shall be based on the record before theagency at the time of the determination.

(iv) A district court of the United States shall not have jurisdic-tion to review an agency denial of expedited processing of arequest for records after the agency has provided a com-plete response to the request.

(v) For purposes of this subparagraph, the term “compellingneed” means—

(I) that a failure to obtain requested records on an expeditedbasis under this paragraph could reasonably be expectedto pose an imminent threat to the life or physical safety ofan individual; or


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(II) with respect to a request made by a person primarilyengaged in disseminating information, urgency toinform the public concerning actual or alleged FederalGovernment activity.

(vi) A demonstration of a compelling need by a person makinga request for expedited processing shall be made by astatement certified by such person to be true and correctto the best of such person’s knowledge and belief.

(F) In denying a request for records, in whole or in part, an agencyshall make a reasonable effort to estimate the volume of anyrequested matter the provision of which is denied, and shallprovide any such estimate to the person making the request,unless providing such estimate would harm an interest protect-ed by the exemption in subsection (b) pursuant to which thedenial is made.

(b) This section does not apply to matters that are—

(1) (A)specifically authorized under criteria established by anExecutive order to be kept secret in the interest of national defenseor foreign policy and (B) are in fact properly classified pursuant tosuch Executive order;

(2) related solely to the internal personnel rules and practices of anagency;

(3) specifically exempted from disclosure by statute (other than section552b of this title), provided that such statute (A) requires that thematters be withheld from the public in such a manner as to leave nodiscretion on the issue, or (B) establishes particular criteria for with-holding or refers to particular types of matters to be withheld;

(4) trade secrets and commercial or financial information obtainedfrom a person and privileged or confidential;


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(5) inter-agency or intra-agency memorandums or letters which wouldnot be available by law to a party other than an agency in litigationwith the agency;

(6) personnel and medical files and similar files the disclosure of whichwould constitute a clearly unwarranted invasion of personal privacy;

(7) records or information compiled for law enforcement purposes, butonly to the extent that the production of such law enforcementrecords or information (A) could reasonably be expected to inter-fere with enforcement proceedings, (B) would deprive a person of aright to a fair trial or an impartial adjudication, (C) could reasonablybe expected to constitute an unwarranted invasion of personal pri-vacy, (D) could reasonably be expected to disclose the identity of aconfidential source, including a State, local, or foreign agency orauthority or any private institution which furnished information ona confidential basis, and, in the case of a record or informationcompiled by a criminal law enforcement authority in the course of acriminal investigation, or by an agency conducting a lawful nationalsecurity intelligence investigation, information furnished by a confi-dential source, (E) would disclose techniques and procedures forlaw enforcement investigations or prosecutions, or would discloseguidelines for law enforcement investigations or prosecutions ifsuch disclosure could reasonably be expected to risk circumventionof the law, or (F) could reasonably be expected to endanger the lifeor physical safety of any individual;

(8) contained in or related to examination, operating, or conditionreports prepared by, on behalf of, or for the use of an agency respon-sible 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 personrequesting such record after deletion of the portions which are exempt underthis subsection. The amount of information deleted shall be indicated on thereleased portion of the record, unless including that indication would harm aninterest protected by the exemption in this subsection under which the deletion


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is made. If technically feasible, the amount of the information deleted shall beindicated at the place in the record where such deletion is made.

(c)(1) Whenever a request is made which involves access to records describedin subsection (b)(7)(A) and—

(A) the investigation or proceeding involves a possible violation ofcriminal law; and

(B) there is reason to believe that (i) the subject of the investigationor proceeding is not aware of its pendency, and (ii) disclosure ofthe existence of the records could reasonably be expected tointerfere with enforcement proceedings, the agency may, duringonly such time as that circumstance continues, treat therecords as not subject to the requirements of this section.

(2) Whenever informant records maintained by a criminal law enforce-ment agency under an informant’s name or personal identifier arerequested by a third party according to the informant’s name orpersonal identifier, the agency may treat the records as not subjectto the requirements of this section unless the informant’s status asan informant has been officially confirmed.

(3) Whenever a request is made which involves access to records main-tained by the Federal Bureau of Investigation pertaining to foreignintelligence or counterintelligence, or international terrorism, andthe existence of the records is classified information as provided insubsection (b)(1), the Bureau may, as long as the existence of therecords remains classified information, treat the records as notsubject to the requirements of this section.

(d) This section does not authorize the withholding of information or limit theavailability 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 theAttorney General of the United States a report which shall cover the precedingfiscal year and which shall include–


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(A) the number of determinations made by the agency not to com-ply with requests for records made to such agency under sub-section (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 actionupon each appeal that results in a denial of information; and

(ii) a complete list of all statutes that the agency relies upon toauthorize the agency to withhold information under subsec-tion (b)(3), a description of whether a court has upheld thedecision of the agency to withhold information under eachsuch statute, and a concise description of the scope of anyinformation withheld;

(C) the number of requests for records pending before the agencyas of September 30 of the preceding year, and the median num-ber of days that such requests had been pending before theagency as of that date;

(D) the number of requests for records received by the agency andthe number of requests which the agency processed;

(E) the median number of days taken by the agency to process dif-ferent types of requests;

(F) the total amount of fees collected by the agency for processingrequests; and

(G) the number of full-time staff of the agency devoted to process-ing requests for records under this section, and the totalamount expended by the agency for processing such requests.

(2) Each agency shall make each such report available to the publicincluding by computer telecommunications, or if computer telecom-munication means have not been established by the agency, byother electronic means.

(3) The Attorney General of the United States shall make each reportwhich has been made available by electronic means available at a sin-gle electronic access point. The Attorney General of the United Statesshall notify the Chairman and ranking minority member of theCommittee on Government Reform and Oversight of the House ofRepresentatives and the Chairman and ranking minority member ofthe Committees on Governmental Affairs and the Judiciary of theSenate, no later than April 1 of the year in which each such report isissued, that such reports are available by electronic means.

(4) The Attorney General of the United States, in consultation with theDirector of the Office of Management and Budget, shall developreporting and performance guidelines in connection with reportsrequired by this subsection by October 1, 1997, and may establishadditional requirements for such reports as the Attorney Generaldetermines may be useful.

(5) The Attorney General of the United States shall submit an annualreport on or before April 1 of each calendar year which shall include forthe prior calendar year a listing of the number of cases arising underthis section, the exemption involved in each case, the disposition ofsuch case, and the cost, fees, and penalties assessed under subpara-graphs (E), (F), and (G) of subsection (a)(4). Such report shall alsoinclude a description of the efforts undertaken by the Department ofJustice 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 execu-tive department, military department, Government corporation,Government controlled corporation, or other establishment in theexecutive branch of the Government (including the Executive Office ofthe President), or any independent regulatory agency; and

(2) “record” and any other term used in this section in reference to infor-mation includes any information that would be an agency record sub-ject to the requirements of this section when maintained by an agencyin any format, including an electronic format.


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(g) The head of each agency shall prepare and make publicly available uponrequest, reference material or a guide for requesting records or information fromthe 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 main-tained by the agency; and

(3) a handbook for obtaining various types and categories of public infor-mation from the agency pursuant to chapter 35 of title 44, and underthis section.


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A joint publication of

U.S. General Services Administration U.S. Department of JusticeWashington, DC 20405 Washington, DC 20530

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