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| <html><head><title>The Freedom of Information Act - As Amended</title><meta name="description" content="the text of the FOIA"></head><body BGCOLOR="#EFEFFF"><hr SIZE="6" NOSHADE><hr NOSHADE><h1 align="center">The Freedom of Information Act</h1><h2 align="center">5 U.S.C. § 552, As Amended By</h2><h2 align="center">Public Law No. 104-231, 110 Stat. 2422</h2><blockquote> <cite><p>Below is the full text of the Freedom of Information Act in a form showing all amendments to the statute made by the "Electronic Freedom of Information Act Amendments of 1996." All newly enacted provisions are in boldface type.</cite> </p></blockquote><p>§ 552. Public information; agency rules, opinions, orders, records, and proceedings </p><p>(a) Each agency shall make available to the public information as follows: </p><p>(1) Each agency shall separately state and currently publish in the Federal Registerfor the guidance of the public-- </p><p>(A) descriptions of its central and field organization and the established places atwhich, the employees (and in the case of a uniformed service, the members) from whom, andthe methods whereby, the public may obtain information, make submittals or requests, orobtain decisions; </p><p>(B) statements of the general course and method by which its functions are channeledand determined, including the nature and requirements of all formal and informalprocedures available; </p><p>(C) rules of procedure, descriptions of forms available or the places at which formsmay be obtained, and instructions as to the scope and contents of all papers, reports, orexaminations; </p><p>(D) substantive rules of general applicability adopted as authorized by law, andstatements of general policy or interpretations of general applicability formulated andadopted by the agency; and </p><p>(E) each amendment, revision, or repeal of the foregoing. </p><p>Except to the extent that a person has actual and timely notice of the terms thereof, aperson may not in any manner be required to resort to, or be adversely affected by, amatter required to be published in the Federal Register and not so published. For thepurpose of this paragraph, matter reasonably available to the class of persons affectedthereby is deemed published in the Federal Register when incorporated by reference thereinwith the approval of the Director of the Federal Register. </p><p>(2) Each agency, in accordance with published rules, shall make available for publicinspection and copying-- </p><p>(A) final opinions, including concurring and dissenting opinions, as well as orders,made in the adjudication of cases; </p><p>(B) those statements of policy and interpretations which have been adopted by theagency and are not published in the Federal Register; <strike>and</strike> </p><p>(C) administrative staff manuals and instructions to staff that affect a member of thepublic; </p><p><b>(D) copies of all records, regardless of form or format, which have been released toany 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 subsequentrequests for substantially the same records; and </b></p><p><b>(E) a general index of the records referred to under subparagraph (D);</b> </p><p>unless the materials are promptly published and copies offered for sale. <b>For recordscreated on or after November 1, 1996, within one year after such date, each agency shallmake such records available, including by computer telecommunications or, if computertelecommunications means have not been established by the agency, by other electronicmeans.</b> To the extent required to prevent a clearly unwarranted invasion of personalprivacy, an agency may delete identifying details when it makes available or publishes anopinion, statement of policy, interpretation, <strike>or staff manual or instruction,</strike><b>staff manual, instruction, or copies of records referred to in subparagraph (D)</b>.However, in each case the justification for the deletion shall be explained fully inwriting<b>, and the extent of such deletion shall be indicated on the portion of therecord which is made available or published, unless including that indication would harman 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 therecord where the deletion was made.</b> Each agency shall also maintain and make availablefor public inspection and copying current indexes providing identifying information forthe public as to any matter issued, adopted, or promulgated after July 4, 1967, andrequired by this paragraph to be made available or published. Each agency shall promptlypublish, quarterly or more frequently, and distribute (by sale or otherwise) copies ofeach index or supplements thereto unless it determines by order published in the FederalRegister that the publication would be unnecessary and impracticable, in which case theagency shall nonetheless provide copies of an index on request at a cost not to exceed thedirect cost of duplication. <b>Each agency shall make the index referred to insubparagraph (E) available by computer telecommunications by December 31, 1999.</b> Afinal order, opinion, statement of policy, interpretation, or staff manual or instructionthat affects a member of the public may be relied on, used, or cited as precedent by anagency against a party other than an agency only if-- </p><p>(i) it has been indexed and either made available or published as provided by thisparagraph; or </p><p>(ii) the party has actual and timely notice of the terms thereof. </p><h2><i><b>. . . Text of the FOIA as Amended</b></i></h2><p>(3)<b>(A)</b> Except with respect to the records made available under paragraphs (1)and (2) of this subsection, each agency, upon request for records which <strike>(A)</strike><b>(i)</b> reasonably describes such records and <strike>(B)</strike><b> (ii) </b>is madein accordance with published rules stating the time, place, fees (if any), and proceduresto be followed, shall make the records promptly available to any person. </p><p><b>(B) In making any record available to a person under this paragraph, an agency shallprovide the record in any form or format requested by the person if the record is readilyreproducible by the agency in that form or format. Each agency shall make reasonableefforts to maintain its records in forms or formats that are reproducible for purposes ofthis section.</b> </p><p><b>(C) In responding under this paragraph to a request for records, an agency shallmake reasonable efforts to search for the records in electronic form or format, exceptwhen such efforts would significantly interfere with the operation of the agency'sautomated information system.</b> </p><p><b>(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 recordswhich are responsive to a request.</b> </p><p>(4)(A)(i) In order to carry out the provisions of this section, each agency shallpromulgate regulations, pursuant to notice and receipt of public comment, specifying theschedule of fees applicable to the processing of requests under this section andestablishing procedures and guidelines for determining when such fees should be waived orreduced. 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 ofManagement and Budget and which shall provide for a uniform schedule of fees for allagencies. </p><p>(ii) Such agency regulations shall provide that-- </p><p>(I) fees shall be limited to reasonable standard charges for document search,duplication, and review, when records are requested for commercial use; </p><p>(II) fees shall be limited to reasonable standard charges for document duplication whenrecords are not sought for commercial use and the request is made by an educational ornoncommercial scientific institution, whose purpose is scholarly or scientific research;or a representative of the news media; and </p><p>(III) for any request not described in (I) or (II), fees shall be limited to reasonablestandard charges for document search and duplication. </p><p>(iii) Documents shall be furnished without any charge or at a charge reduced below thefees established under clause (ii) if disclosure of the information is in the publicinterest because it is likely to contribute significantly to public understanding of theoperations or activities of the government and is not primarily in the commercial interestof the requester. </p><p>(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 duringthe initial examination of a document for the purposes of determining whether thedocuments must be disclosed under this section and for the purposes of withholding anyportions exempt from disclosure under this section. Review costs may not include any costsincurred in resolving issues of law or policy that may be raised in the course ofprocessing a request under this section. No fee may be charged by any agency under thissection-- </p><p>(I) if the costs of routine collection and processing of the fee are likely to equal orexceed the amount of the fee; or </p><p>(II) for any request described in clause (ii)(II) or (III) of this subparagraph for thefirst two hours of search time or for the first one hundred pages of duplication. </p><p>(v) No agency may require advance payment of any fee unless the requester haspreviously failed to pay fees in a timely fashion, or the agency has determined that thefee will exceed $250. </p><p>(vi) Nothing in this subparagraph shall supersede fees chargeable under a statutespecifically providing for setting the level of fees for particular types of records. </p><p>(vii) In any action by a requester regarding the waiver of fees under this section, thecourt shall determine the matter de novo, provided that the court's review of the mattershall be limited to the record before the agency. </p><p>(B) On complaint, the district court of the United States in the district in which thecomplainant resides, or has his principal place of business, or in which the agencyrecords are situated, or in the District of Columbia, has jurisdiction to enjoin theagency from withholding agency records and to order the production of any agency recordsimproperly withheld from the complainant. In such a case the court shall determine thematter de novo, and may examine the contents of such agency records in camera to determinewhether such records or any part thereof shall be withheld under any of the exemptions setforth in subsection (b) of this section, and the burden is on the agency to sustain itsaction. <b>In addition to any other matters to which a court accords substantial weight, acourt shall accord substantial weight to an affidavit of an agency concerning the agency'sdetermination as to technical feasibility under paragraph (2)(C) and subsection (b) andreproducibility under paragraph (3)(B).</b> </p><p>(C) Notwithstanding any other provision of law, the defendant shall serve an answer orotherwise plead to any complaint made under this subsection within thirty days afterservice upon the defendant of the pleading in which such complaint is made, unless thecourt otherwise directs for good cause shown. </p><h2><i><b>. . . Text of the FOIA as Amended</b></i></h2><p>[<strike>(D) Except as to cases the court considers of greater importance, proceedingsbefore the district court, as authorized by this subsection, and appeals therefrom, takeprecedence on the docket over all cases and shall be assigned for hearing and trial or forargument at the earliest practicable date and expedited in every way.</strike> Repealed byPub. L. 98-620, Title IV, 402(2), Nov. 8, 1984, 98 Stat. 3335, 3357.] </p><p>(E) The court may assess against the United States reasonable attorney fees and otherlitigation costs reasonably incurred in any case under this section in which thecomplainant has substantially prevailed. </p><p>(F) Whenever the court orders the production of any agency records improperly withheldfrom the complainant and assesses against the United States reasonable attorney fees andother litigation costs, and the court additionally issues a written finding that thecircumstances surrounding the withholding raise questions whether agency personnel actedarbitrarily or capriciously with respect to the withholding, the Special Counsel shallpromptly initiate a proceeding to determine whether disciplinary action is warrantedagainst the officer or employee who was primarily responsible for the withholding. TheSpecial Counsel, after investigation and consideration of the evidence submitted, shallsubmit his findings and recommendations to the administrative authority of the agencyconcerned and shall send copies of the findings and recommendations to the officer oremployee or his representative. The administrative authority shall take the correctiveaction that the Special Counsel recommends. </p><p>(G) In the event of noncompliance with the order of the court, the district court maypunish for contempt the responsible employee, and in the case of a uniformed service, theresponsible member. </p><p>(5) Each agency having more than one member shall maintain and make available forpublic inspection a record of the final votes of each member in every agency proceeding. </p><p>(6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3)of this subsection, shall-- </p><p>(i) determine within <strike>ten days</strike><b> twenty days</b> (excepting Saturdays,Sundays, and legal public holidays) after the receipt of any such request whether tocomply with such request and shall immediately notify the person making such request ofsuch determination and the reasons therefor, and of the right of such person to appeal tothe head of the agency any adverse determination; and </p><p>(ii) make a determination with respect to any appeal within twenty days (exceptingSaturdays, Sundays, and legal public holidays) after the receipt of such appeal. If onappeal the denial of the request for records is in whole or in part upheld, the agencyshall notify the person making such request of the provisions for judicial review of thatdetermination under paragraph (4) of this subsection. </p><p><strike>(B) In unusual circumstances as specified in this subparagraph, the time limitsprescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended bywritten notice to the person making such request setting forth the reasons for suchextension and the date on which a determination is expected to be dispatched. No suchnotice shall specify a date that would result in an extension for more than ten workingdays. As used in this subparagraph, "unusual circumstances" means, but only tothe extent reasonably necessary to the proper processing of the particular request--</strike></p><p><strike>(i) the need to search for and collect the requested records from fieldfacilities or other establishments that are separate from the office processing therequest;</strike> </p><p><strike>(ii) the need to search for, collect, and appropriately examine a voluminousamount of separate and distinct records which are demanded in a single request; or</strike></p><p><strike>(iii) the need for consultation, which shall be conducted with all practicablespeed, with another agency having a substantial interest in the determination of therequest or among two or more components of the agency having substantial subject matterinterest therein.</strike> </p><p><b>(B)(i) In unusual circumstances as specified in this subparagraph, the time limitsprescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended bywritten notice to the person making such request setting forth the unusual circumstancesfor such extension and the date on which a determination is expected to be dispatched. Nosuch notice shall specify a date that would result in an extension for more than tenworking days, except as provided in clause (ii) of this subparagraph.</b> </p><p><b>(ii) With respect to a request for which a written notice under clause (i) extendsthe time limits prescribed under clause (i) of subparagraph (A), the agency shall notifythe person making the request if the request cannot be processed within the time limitspecified in that clause and shall provide the person an opportunity to limit the scope ofthe request so that it may be processed within that time limit or an opportunity toarrange with the agency an alternative time frame for processing the request or a modifiedrequest. Refusal by the person to reasonably modify the request or arrange such analternative time frame shall be considered as a factor in determining whether exceptionalcircumstances exist for purposes of subparagraph (C).</b> </p><p><b>(iii) As used in this subparagraph, "unusual circumstances" means, butonly to the extent reasonably necessary to the proper processing of the particularrequests--</b> </p><p><b>(I) the need to search for and collect the requested records from field facilitiesor other establishments that are separate from the office processing the request;</b> </p><p><b>(II) the need to search for, collect, and appropriately examine a voluminous amountof separate and distinct records which are demanded in a single request; or</b> </p><h2><i><b>. . . Text of the FOIA as Amended</b></i></h2><p><b>(III) the need for consultation, which shall be conducted with all practicablespeed, with another agency having a substantial interest in the determination of therequest or among two or more components of the agency having substantial subject matterinterest therein.</b> </p><p><b>(iv) Each agency may promulgate regulations, pursuant to notice and receipt ofpublic 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 suchrequests actually constitute a single request, which would otherwise satisfy the unusualcircumstances specified in this subparagraph, and the requests involve clearly relatedmatters. Multiple requests involving unrelated matters shall not be aggregated.</b> </p><p>(C)<b>(i)</b> 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 administrativeremedies with respect to such request if the agency fails to comply with the applicabletime limit provisions of this paragraph. If the Government can show exceptionalcircumstances exist and that the agency is exercising due diligence in responding to therequest, the court may retain jurisdiction and allow the agency additional time tocomplete its review of the records. Upon any determination by an agency to comply with arequest for records, the records shall be made promptly available to such person makingsuch request. Any notification of denial of any request for records under this subsectionshall set forth the names and titles or positions of each person responsible for thedenial of such request. </p><p><b>(ii) For purposes of this subparagraph, the term "exceptionalcircumstances" does not include a delay that results from a predictable agencyworkload of requests under this section, unless the agency demonstrates reasonableprogress in reducing its backlog of pending requests.</b> </p><p><b>(iii) Refusal by a person to reasonably modify the scope of a request or arrange analternative time frame for processing the request (or a modified request) under clause(ii) after being given an opportunity to do so by the agency to whom the person made therequest shall be considered as a factor in determining whether exceptional circumstancesexist for purposes of this subparagraph.</b> </p><p><b>(D)(i) Each agency may promulgate regulations, pursuant to notice and receipt ofpublic comment, providing for multitrack processing of requests for records based on theamount of work or time (or both) involved in processing requests.</b> </p><p><b>(ii) Regulations under this subparagraph may provide a person making a request thatdoes not qualify for the fastest multitrack processing an opportunity to limit the scopeof the request in order to qualify for faster processing.</b> </p><p><b>(iii) This subparagraph shall not be considered to affect the requirement undersubparagraph (C) to exercise due diligence.</b> </p><p><b>(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt ofpublic comment, providing for expedited processing of requests for records--</b> </p><p><b>(I) in cases in which the person requesting the records demonstrates a compellingneed; and </b></p><p><b>(II) in other cases determined by the agency.</b> </p><p><b>(ii) Notwithstanding clause (i), regulations under this subparagraph must ensure--</b></p><p><b>(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, within10 days after the date of the request; and</b> </p><p><b>(II) expeditious consideration of administrative appeals of such determinations ofwhether to provide expedited processing.</b> </p><p><b>(iii) An agency shall process as soon as practicable any request for records towhich the agency has granted expedited processing under this subparagraph. Agency actionto deny or affirm denial of a request for expedited processing pursuant to thissubparagraph, and failure by an agency to respond in a timely manner to such a requestshall be subject to judicial review under paragraph (4), except that the judicial reviewshall be based on the record before the agency at the time of the determination.</b> </p><p><b>(iv) A district court of the United States shall not have jurisdiction to review anagency denial of expedited processing of a request for records after the agency hasprovided a complete response to the request.</b> </p><p><b>(v) For purposes of this subparagraph, the term "compelling need" means--</b></p><p><b>(I) that a failure to obtain requested records on an expedited basis under thisparagraph could reasonably be expected to pose an imminent threat to the life or physicalsafety of an individual; or</b> </p><p><b>(II) with respect to a request made by a person primarily engaged in disseminatinginformation, urgency to inform the public concerning actual or alleged Federal Governmentactivity.</b> </p><p><b>(vi) A demonstration of a compelling need by a person making a request for expeditedprocessing shall be made by a statement certified by such person to be true and correct tothe best of such person's knowledge and belief.</b> </p><p><b>(F) In denying a request for records, in whole or in part, an agency shall make areasonable effort to estimate the volume of any requested matter the provision of which isdenied, and shall provide any such estimate to the person making the request, unlessproviding such estimate would harm an interest protected by the exemption in subsection(b) pursuant to which the denial is made.</b> </p><h2><i><b>. . . Text of the FOIA as Amended</b></i></h2><p>(b) This section does not apply to matters that are-- </p><p>(1)(A) specifically authorized under criteria established by an Executive order to bekept secret in the interest of national defense or foreign policy and (B) are in factproperly classified pursuant to such Executive order; </p><p>(2) related solely to the internal personnel rules and practices of an agency; </p><p>(3) specifically exempted from disclosure by statute (other than section 552b of thistitle), provided that such statute (A) requires that the matters be withheld from thepublic in such a manner as to leave no discretion on the issue, or (B) establishesparticular criteria for withholding or refers to particular types of matters to bewithheld; </p><p>(4) trade secrets and commercial or financial information obtained from a person andprivileged or confidential; </p><p>(5) inter-agency or intra-agency memorandums or letters which would not be available bylaw to a party other than an agency in litigation with the agency; </p><p>(6) personnel and medical files and similar files the disclosure of which wouldconstitute a clearly unwarranted invasion of personal privacy; </p><p>(7) records or information compiled for law enforcement purposes, but only to theextent that the production of such law enforcement records or information (A) couldreasonably be expected to interfere with enforcement proceedings, (B) would deprive aperson of a right to a fair trial or an impartial adjudication, (C) could reasonably beexpected to constitute an unwarranted invasion of personal privacy, (D) could reasonablybe 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 aconfidential basis, and, in the case of a record or information compiled by a criminal lawenforcement authority in the course of a criminal investigation or by an agency conductinga lawful national security intelligence investigation, information furnished by aconfidential source, (E) would disclose techniques and procedures for law enforcementinvestigations or prosecutions, or would disclose guidelines for law enforcementinvestigations or prosecutions if such disclosure could reasonably be expected to riskcircumvention of the law, or (F) could reasonably be expected to endanger the life orphysical safety of any individual; </p><p>(8) contained in or related to examination, operating, or condition reports preparedby, on behalf of, or for the use of an agency responsible for the regulation orsupervision of financial institutions; or </p><p>(9) geological and geophysical information and data, including maps, concerning wells. </p><p>Any reasonably segregable portion of a record shall be provided to any personrequesting such record after deletion of the portions which are exempt under thissubsection. <b>The amount of information deleted shall be indicated on the releasedportion of the record, unless including that indication would harm an interest protectedby the exemption in this subsection under which the deletion is made. If technicallyfeasible, the amount of the information deleted shall be indicated at the place in therecord where such deletion is made.</b> </p><p>(c)(1) Whenever a request is made which involves access to records described insubsection (b)(7)(A) and-- </p><p>(A) the investigation or proceeding involves a possible violation of criminal law; and </p><p>(B) there is reason to believe that (i) the subject of the investigation or proceedingis not aware of its pendency, and (ii) disclosure of the existence of the records couldreasonably be expected to interfere with enforcement proceedings, the agency may, duringonly such time as that circumstance continues, treat the records as not subject to therequirements of this section. </p><p>(2) Whenever informant records maintained by a criminal law enforcement agency under aninformant's name or personal identifier are requested by a third party according to theinformant's name or personal identifier, the agency may treat the records as not subjectto the requirements of this section unless the informant's status as an informant has beenofficially confirmed. </p><p>(3) Whenever a request is made which involves access to records maintained by theFederal Bureau of Investigation pertaining to foreign intelligence or counterintelligence,or international terrorism, and the existence of the records is classified information asprovided in subsection (b)(1), the Bureau may, as long as the existence of the recordsremains classified information, treat the records as not subject to the requirements ofthis section. </p><p>(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. Thissection is not authority to withhold information from Congress. </p><p><strike>(e) On or before March 1 of each calendar year, each agency shall submit areport covering the preceding calendar year to the Speaker of the House of Representativesand President of the Senate for referral to the appropriate committees of the Congress.The report shall include--</strike> </p><p><strike>(1) the number of determinations made by such agency not to comply withrequests for records made to such agency under subsection (a) and the reasons for eachsuch determination;</strike> </p><h2><i><b>. . . Text of the FOIA as Amended</b></i></h2><p><strike>(2) the number of appeals made by persons under subsection (a)(6), the resultof such appeals, and the reason for the action upon each appeal that results in a denialof information;</strike> </p><p><strike>(3) the names and titles or positions of each person responsible for the denialof records requested under this section, and the number of instances of participation foreach;</strike> </p><p><strike>(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 whowas primarily responsible for improperly withholding records or an explanation of whydisciplinary action was not taken;</strike> </p><p><strike>(5) a copy of every rule made by such agency regarding this section;</strike> </p><p><strike>(6) a copy of the fee schedule and the total amount of fees</strike> <strike>collectedby the agency for making records available under this section; and</strike> </p><p><strike>(7) such other information as indicates efforts to administer fully thissection.</strike> </p><p><strike>The Attorney General shall submit an annual report on or before March 1 of eachcalendar year which shall include for the prior calendar year a listing of the number ofcases arising under this section, the exemption involved in each case, the disposition ofsuch 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 theDepartment of Justice to encourage agency compliance with this section.</strike> </p><p><b>(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 preceding fiscal yearand which shall include--</b> </p><p><b>(A) the number of determinations made by the agency not to comply with requests forrecords made to such agency under subsection (a) and the reasons for each suchdetermination;</b> </p><p><b>(B)(i) the number of appeals made by persons under subsection (a)(6), the result ofsuch appeals, and the reason for the action upon each appeal that results in a denial ofinformation; and </b></p><p><b>(ii) a complete list of all statutes that the agency relies upon to authorize theagency to withhold information under subsection (b)(3), a description of whether a courthas upheld the decision of the agency to withhold information under each such statute, anda concise description of the scope of any information withheld;</b> </p><p><b>(C) the number of requests for records pending before the agency as of September 30of the preceding year, and the median number of days that such requests had been pendingbefore the agency as of that date;</b> </p><p><b>(D) the number of requests for records received by the agency and the number ofrequests which the agency processed;</b> </p><p><b>(E) the median number of days taken by the agency to process different types ofrequests;</b> </p><p><b>(F) the total amount of fees collected by the agency for processing requests; and </b></p><p><b>(G) the number of full-time staff of the agency devoted to processing requests forrecords under this section, and the total amount expended by the agency for processingsuch requests.</b> </p><p><b>(2) Each agency shall make each such report available to the public including bycomputer telecommunications, or if computer telecommunications means have not beenestablished by the agency, by other electronic means.</b> </p><p><b>(3) The Attorney General of the United States shall make each report which has beenmade available by electronic means available at a single electronic access point. TheAttorney General of the United States shall notify the Chairman and ranking minoritymember of the Committee on Government Reform and Oversight of the House of Representativesand the Chairman and ranking minority member of the Committees on Governmental Affairs andthe Judiciary of the Senate, no later than April 1 of the year in which each such reportis issued, that such reports are available by electronic means.</b> </p><p><b>(4) The Attorney General of the United States, in consultation with the Director ofthe Office of Management and Budget, shall develop reporting and performance guidelines inconnection with reports required by this subsection by October 1, 1997, and may establishadditional requirements for such reports as the Attorney General determines may be useful.</b></p><p><b>(5) The Attorney General of the United States shall submit an annual report on orbefore April 1 of each calendar year which shall include for the prior calendar year alisting of the number of cases arising under this section, the exemption involved in eachcase, the disposition of such case, and the cost, fees, and penalties assessed undersubparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include adescription of the efforts undertaken by the Department of Justice to encourage agencycompliance with this section.</b> </p><p><strike>(f) For purposes of this section, the term "agency" as defined insection 551(1) of this title includes any Executive department, military department,Government corporation, Government controlled corporation, or other establishment in theexecutive branch of the Government (including the Executive Office of the President), orany independent regulatory agency.</strike> </p><p><b>(f) For purposes of this section, the term--</b> </p><p><b>(1) "agency" as defined in section 551(1) of this title includes anyexecutive department, military department,</b> </p><h2><i><b>. . . Text of the FOIA as Amended</b></i></h2><p><b>Government corporation, Government controlled corporation, or other establishment inthe executive branch of the Government (including the Executive Office of the President),or any independent regulatory agency; and </b></p><p><b>(2) "record" and any other term used in this section in reference toinformation includes any information that would be an agency record subject to therequirements of this section when maintained by an agency in any format, including anelectronic format.</b> </p><p><b>(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--</b> </p><p><b>(1) an index of all major information systems of the agency;</b> </p><p><b>(2) a description of major information and record locator systems maintained by theagency; and</b> </p><p><b>(3) a handbook for obtaining various types and categories of public information fromthe agency pursuant to chapter 35 of title 44, and under this section.</b> </p><p align="center"><b>* * * * *</b> </p><p><b>Section 12. Effective Date [not to be codified]. </b></p><p><b>(a) Except as provided in subsection (b), this Act shall take effect 180 days afterthe date of the enactment of this Act [March 31, 1997].</b> </p><p><b>(b) Sections 7 and 8 shall take effect one year after the date of the enactment ofthis Act [October 2, 1997].</b> </p><p><br></p><hr><p>Below is the full text of the statement issued by President Clinton upon signing the1996 FOIA amendments into law on October 2, 1996: </p><blockquote> <cite><p>I am pleased to sign into law today H.R. 3802, the "Electronic Freedom of Information Act Amendments of 1996." </p> <p>This bill represents the culmination of several years of leadership by Senator Patrick Leahy to bring this important law up to date. Enacted in 1966, the Freedom of Information Act (FOIA) was the first law to establish an effective legal right of access to government information, underscoring the crucial need in a democracy for open access to government information by citizens. In the last 30 years, citizens, scholars, and reporters have used FOIA to obtain vital and valuable government information. </p> <p>Since 1966, the world has changed a great deal. Records are no longer principally maintained in paper format. Now, they are maintained in a variety of technologies, including CD ROM and computer tapes and diskettes, making it easier to put more information on-line. </p> <p>My Administration has launched numerous initiatives to bring more government information to the public. We have established World Wide Web pages, which identify and link information resources throughout the Federal Government. An enormous range of documents and data, including the Federal budget, is now available on-line or in electronic format, making government more accessible than ever. And in the last year, we have declassified unprecedented amounts of national security material, including information on nuclear testing. </p> <p>The legislation I sign today brings FOIA into the information and electronic age by clarifying that it applies to records maintained in electronic format. This law also broadens public access to government information by placing more material on-line and expanding the role of the agency reading room. As the Government actively disseminates more information, I hope that there will be less need to use FOIA to obtain government information. </p> <p>This legislation not only affirms the importance, but also the challenge of maintaining openness in government. In a period of government downsizing, the numbers of requests continue to rise. In addition, growing numbers of requests are for information that must be reviewed for declassification, or in which there is a proprietary interest or a privacy concern. The result in many agencies is huge backlogs of requests. </p> <p>In this Act, the Congress recognized that with today's limited resources, it is frequently difficult to respond to a FOIA request within the 10 days formerly required in the law. This legislation extends the legal response period to 20 days. </p> <p>More importantly, it recognizes that many FOIA requests are so broad and complex that they cannot possibly be completed even within this longer period, and the time spent processing them only delays other requests. Accordingly, H.R. 3802 establishes procedures for an agency to discuss with requesters ways of tailoring large requests to improve responsiveness. This approach explicitly recognizes that FOIA works best when agencies and requesters work together. </p> <p>Our country was founded on democratic principles of openness and accountability, and for 30 years, FOIA has supported these principles. Today, the "Electronic Freedom of Information Act Amendments of 1996" reforges an important link between the United States Government and the American people. </cite></p> <p><a href="index.htm">Return to NEHC Home Page</a></p></blockquote><a><hr></a> | |
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