Your Right To

Federal Records

Questions and Answers

on the Freedom of Information Act

and Privacy Act

GSA Federal Citizen Information Center

Table of Contents

Introduction ..........................................................i

The Freedom of Information Act

What the Freedom of Information Act is and

How to Use it ........................................................1

The Privacy Act

What 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 and

Deciding Which to Use ........................................12

Other Sources of Information ..............................13

Text of the Freedom of Information Act ................16
Introduction

i

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

that any person has the right to request

access to federal agency records or

information. Federal agencies are

required to disclose records upon

receiving a written request for them,

except for those records that are

protected from disclosure by any of the

nine exemptions or three exclusions of

the FOIA. This right of access is

enforceable in court.

In 1996, Congress revised the Freedom

of Information Act (FOIA) by passing

the Electronic Freedom of Information

Act Amendments (EFOIA). The EFOIA

amendments provide for public access

to information in an electronic format

and for the establishment of electronic

FOIA reading rooms through agency

FOIA sites on the Internet. The primary

source of FOIA-related information on

the Internet is the Justice Department’s

FOIA website (www.usdoj.gov/foia),

which contains links to the FOIA websites of other federal agencies.

The Privacy Act of 1974 is another federal law regarding federal government

records or information about individuals.

The Privacy Act establishes certain controls over how the executive branch

agencies of the federal government

gather, maintain, and disseminate personal information. The Privacy Act also

can be used to obtain access to information, but it pertains only to records

that federal agencies keep about individual U.S. citizens and lawfully admitted

permanent resident aliens. The FOIA, on

the other hand, covers all records in the

possession and control of federal executive branch agencies.

This brochure provides basic guidance

about the FOIA and the Privacy Act to

assist citizens in exercising their rights.

It uses a question-and-answer format to

present information about these laws in

a clear, simple manner. The brochure is

not intended to be a comprehensive

treatment of the complex issues associated with the FOIA and the Privacy Act.

The questions answered here are those

frequently asked by persons who contact the Federal Citizen Information

Center (FCIC) of the U.S. General

Services Administration for information

on the FOIA and the Privacy Act. The

answers were compiled by the FCIC,

along with the Justice Department—the

agency responsible for coordinating the

administration of the FOIA and encouraging agency compliance with it. The

Office of Management and Budget

(OMB), which has a similar responsibility for the Privacy Act, reviewed the

answers to questions on that law.
The Freedom of Information Act

1

What information is 

available under the FOIA?

The FOIA provides access to all federal

agency records (or portions of those

records), except for those records that

are protected from disclosure by any of

nine exemptions or three exclusions

(reasons for which an agency may withhold records from a requester).

The exemptions cover:

(1) classified national defense and

foreign relations information,

(2) internal agency rules and practices,

(3) information that is prohibited

from disclosure by another law, 

(4) trade secrets and other confidential business information, 

(5) inter-agency or intra-agency

communications that are protected by legal privileges, 

(6) information involving matters of

personal privacy, 

(7) certain information compiled for

law enforcement purposes, 

(8) information relating to the

supervision of financial institutions, and 

(9) geological information on wells.

The three exclusions, which are rarely

used, pertain to especially sensitive

law enforcement and national security

matters.

Even if information is exempt from disclosure under the FOIA, the agency

still may disclose it as a matter of

administrative discretion when it is not

prohibited by any law and would not

cause any foreseeable harm. The full

text of the FOIA is printed beginning

on page 17 of this publication.

The FOIA does not apply to Congress,

the courts, or the central offices of the

White House, nor does it apply to

records of state or local governments.

However, nearly all state governments

have their own FOIA-type statutes. You

may request information about a

state’s records access law by writing

to the office of the attorney general of

that state.

The FOIA does not require a private

organization or business to release any

information directly to the public,

whether it has been submitted to the

federal government or not. However,

information submitted to the federal

government by such organizations or

companies can be available through a

FOIA request if it is not protected by a

FOIA exemption, such as the one covering trade secrets and confidential

business information.

Under the FOIA, you may request and

receive by mail a copy of any record

that is in an agency’s files and is not

covered by one of the exemptions or

exclusions. For example, suppose you

have heard that a certain toy has been

recalled as a safety hazard and you

want to know the details. The

Consumer Product Safety Commission

could help you by providing copies of
The Freedom of Information Act

2

the recall documents. Perhaps you

want to read the latest inspection

report on conditions at a nursing home

certified for Medicare. Your local Social

Security office keeps such records on

file. Or you might want to know

whether the Department of Veterans

Affairs has a file that mentions you. In

all of these examples, you could use

the FOIA to request information from

the appropriate federal agency. 

When you make a FOIA request, you

must describe the records that you

want as clearly and specifically as possible. If the agency cannot identify and

locate records that you have requested

with a reasonable amount of effort, it

will not be able to assist you. While

agencies strive to handle all FOIA

requests in a customer-friendly fashion, the FOIA does not require them to

do research for you, analyze data,

answer written questions, or in any

other way create records in order to

respond to a request.

Can I find agency records on

the Internet?

Yes, and as a general rule, it is useful to

look at the information that an agency

makes available on the Internet before

making a FOIA request. Agencies place

a wide variety of information on their

websites that is very useful to the general public and describes their various

programs and activities. Additionally,

under the EFOIA amendments, the

FOIA now requires that agencies make

certain records available in their electronic FOIA reading rooms on the

Internet. For example, you may find certain agency opinions, staff manuals,

policy statements, and records frequently requested under the FOIA that

were created by the agency after

November 1, 1996. If you prefer to see

these records in paper form, you can

visit an agency’s conventional FOIA

reading room. You can find links to the

FOIA sites of federal agencies on the

Internet by going to the Justice

Department’s website as described on

the next page.

Whom do I contact in the

federal government with my

request? How do I get the

right address?

There is no one office of the federal

government that handles all FOIA

requests. Each FOIA request must be

made to the particular agency that has

the records that you want. For example,

if you want to know about an investigation of motor vehicle defects, write to

the Department of Transportation. If

you want information about a

work-related accident at a nearby

manufacturing plant, write to the

Department of Labor (at its office in

the region where the accident

occurred). Most of the larger federal

agencies have several FOIA offices.

Some have one for each major bureau

or component; others have one for

each region of the country.
The Freedom of Information Act

3

You may have to do a little research to

find the proper agency office to handle

your FOIA request, but you will save time

in the long run if you send your request

directly to the most appropriate office.

For assistance, you can contact the

Federal Citizen Information Center

(FCIC) of the U.S. General Services

Administration. The FCIC is specially prepared to help you find the right agency,

the right office, and the right address.

See page 13 for information on how to

contact the FCIC. On the Internet, you

can find addresses of the FOIA offices of

most federal agencies by going to the

Justice Department’s website at

www.usdoj.gov/foia (click on “Other

Agencies,” and select “Principal FOIA

Contacts at Other Federal Agencies”). 

The U.S. Government Manual, the official handbook of the federal government, may also be useful. It describes

the programs within each federal

agency and lists the names of top personnel and agency addresses. The

Manual is available at most public

libraries and can be purchased from the

Superintendent of Documents (ordering

instructions are on page 13).

Additionally, each agency publishes

FOIA regulations in the Code of Federal

Regulations (CFR) that contain the

mailing addresses of its FOIA offices.

(For example, the Justice Department’s

FOIA regulations can be found in

Volume 28 of the CFR, Part 16.) The CFR

is available at most public libraries.

Also, many agencies have placed their

FOIA regulations on their FOIA sites on

the Internet. 

How do I request 

information under the FOIA?

In order to make a FOIA request, simply

write a letter to the appropriate agency.

For the quickest possible handling, mark

both your letter and the envelope

“Freedom of Information Act Request.”

Although you do not have to give a

record’s title, you should identify the

records that you want as specifically as

possible to increase the likelihood that

the agency will be able to locate them.

Any facts you can furnish about the

time, place, authors, events, subjects,

and other details of the records will be

helpful to the agency in deciding where

to search and in determining which

records respond to your request, saving

you and the government time and money.

As a general rule, FOIA requesters are

not required to state the reasons why

they are making their requests. You may

do so if you think it might help the

agency to locate the records. If you are

not sure whether the records you want

are exempt from disclosure, you may

request them anyway. Agencies often

have the legal discretion to disclose

exempt information and, in line with the

government’s openness policy, they are

encouraged to do so whenever possible.

May I request records in a 

specific format?

Yes, but the records may not be available in the requested format. If you

request records that already exist in an
The Freedom of Information Act

4

A sample request is shown below. Keep a copy of your request. You may need to

refer to it in further correspondence with the agency.

Sample FOIA Request Letter

Date

Freedom of Information Act Request 

Agency FOIA Officer

Name 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 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 let me

know before you work on my request. [Or, please supply the records 

without 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 specific 

exemption you think justifies your refusal to release the information and

notify me of appeal procedures available under the law.

Optional: If you have any questions about handling this request, you may

telephone me at ___________ (home phone) or at ___________ (office

phone).

Sincerely,

Name 

Address
The Freedom of Information Act

5

electronic format, the FOIA requires

agencies in almost all cases to provide

these records to you in that same format, if that is what you prefer.

However, if you request records that

exist only in paper form, and would like

them in some electronic format, the

agency is obligated to provide the

records in that electronic format only if

it can do so with a reasonable amount

of effort. The same is true if you

request that electronic records be provided to you in an electronic format in

which they do not already exist.

What is the cost for getting

records under the FOIA?

The FOIA permits agencies to charge

fees to FOIA requesters. For noncommercial requesters, an agency may

charge only for the actual cost of

searching for records and the cost of

making copies. Search fees usually

range from $15 to $40 per hour,

depending upon the salary levels of the

personnel needed for the search. The

charge for copying documents can be

as little as 10 cents per page at some

agencies, but may be considerably

more at other agencies.

For noncommercial requests, agencies

will not charge for the first two hours of

search time or for the first 100 pages of

document copying. Agencies also will

not charge if the total cost is minimal.

An agency should notify you before proceeding with a request that will involve

large fees, unless your request letter

already states your willingness to pay

fees as large as that amount. If fees are

charged, you may request a waiver of

those fees if you can show that the

records, when disclosed to you, will

contribute significantly to the public’s

understanding of the operations or

activities of the government.

How long will it take to

answer my request?

Under the FOIA, federal agencies are

required to respond to your request

within 20 working days of receipt

(excluding Saturdays, Sundays, and

federal holidays). If you have not

received a response by the end of that

time (allowing for mailing time), you

may telephone the agency or write a

follow-up letter to ask about the status

of your request. Sometimes an agency

may need more than 10 working days

to find the records, examine them, possibly consult other persons or agencies, decide whether to disclose all of

the information requested, and prepare

the records for disclosure. Agencies

may extend this 20-day period up to 10

more working days, with written notice

to you. Some agencies, particularly law

enforcement agencies, receive large

numbers of requests, many of which

involve voluminous records or require

exceptional care to process. If an

agency has a backlog of requests that

were received before yours and has

assigned a reasonable portion of its

staff to work on the backlog, the

agency ordinarily will handle requests
on a first-come, first-served basis and

may not respond to all requests within

the statutory time period. The FOIA

allows an agency to set up processing

categories so that simple requests do

not have to wait to be handled because

a more complicated request was

received by the agency first. 

Is there any way for me to

speed up the response time?

If an agency is unable to respond to

your request in time, it may ask you to

modify your request so that you can

receive a response more quickly.

Generally, it takes agencies less time

to process simple requests involving a

small number of records. Complex

requests, involving a greater number of

records, can take considerably more

time to process. Therefore, you and an

agency FOIA Officer may want to discuss narrowing the scope of your

request to speed up the response time

or to agree on an alternative time

frame for record processing. 

Another means of obtaining a faster

response is to ask the agency for

“expedited processing” of your

request. However, you should know

that the agency will grant this request

only under very specific circumstances. In order to qualify, you must

certify that there is an imminent threat

to the life or physical safety of an individual or, if you are a member of the

news media, you must demonstrate

that there is an urgency to inform the

public about certain federal government activity. An agency must decide

whether to grant a request for expedited processing within 10 days. In their

individual regulations, agencies may

establish other ways for requesters to

obtain expedited processing. 

What happens if the agency

denies my request?

If the agency locates records in

response to your request, it can withhold them (or any portion of them) only

if they are exempt from disclosure. If

an agency denies your request, in

whole or in part, it ordinarily must provide an estimate of the amount of

material withheld, state the reason(s)

for the denial and inform you of your

right to appeal to a higher decisionmaking level within the agency.

How do I appeal a denial?

In order to appeal a denial, promptly

send a letter to the agency. Most agencies require that appeals be made

within 30 to 60 days after you receive

notification of a denial. The denial letter should tell you the office to which

your appeal letter should be

addressed. For the quickest possible

handling, you should mark both your

request letter and the envelope

“Freedom of Information Act Appeal.”

Simply ask the agency to review your

FOIA request and its denial decision. It

is a good idea also to give your reaThe Freedom of Information Act

6
son(s) for believing that the denial was

wrong. Be sure to refer to any pertinent communications you have had

with the agency on the request and

include any number the agency may

have assigned to your request. It can

save time in acting on your appeal if

you include copies of your FOIA

request and the agency’s denial letter.

You do not need to enclose copies of

any documents released to you. Under

the FOIA, the agency has 20 working

days (excluding Saturdays, Sundays,

and federal holidays) to decide your

appeal. Under certain circumstances,

it may also take an extension of up to

10 working days. At some agencies, as

with initial requests, some appeals

may take longer to decide.

What can I do if my appeal

is denied?

If the agency denies your appeal, or

does not respond within the statutory

time period, you may take the matter

to court.You can file a FOIA lawsuit in

the U.S. District Court where you live,

where you have your principal place of

business, where the documents are

kept, or in the District of Columbia. In

court, the agency will have to prove

that any withheld information is covered by one of the exemptions listed in

the law. If you win a substantial portion of your case and your lawsuit is

found to be a matter of public interest,

the court may require the government

to pay court costs and reasonable

attorney’s fees for you.

The Freedom of Information Act

7
The Privacy Act

8

What is the Privacy Act?

The federal government compiles a wide

range of information on individuals. For

example, if you were ever in the military

or employed by a federal agency, there

should be records of your service. If you

have ever applied for a federal benefit or

received a student loan guaranteed by

the government, you are probably the

subject of a file. There are records on

every individual who has ever paid

income taxes or received a check from

Social Security or Medicare. 

The Privacy Act, passed by Congress in

1974, establishes certain controls over

what personal information is collected

by the federal government and how it is

used. This law guarantees three primary

rights:

(1) the right to see records about

oneself, subject to the Privacy

Act’s exemptions; 

(2) the right to amend a nonexempt

record if it is inaccurate, irrelevant, untimely, or incomplete; and 

(3 the right to sue the government

for violations of the statute, such

as permitting unauthorized individuals to read your records.

The Privacy Act also provides for certain limitations on agency information

practices, such as requiring that information about an individual be collected from that individual to the greatest

extent practicable; requiring agencies

to ensure that their records are accurate, relevant, timely, and complete;

and prohibiting agencies from maintaining information describing how an

individual exercises his or her First

Amendment rights unless the individual consents to it, a statute permits it,

or it is within the scope of an authorized law enforcement investigation.

What information can I request

under the Privacy Act?

The Privacy Act applies only to records

about individuals maintained by agencies in the executive branch of the federal government. It applies to these

records only if they are in a “system of

records,” which means they are

retrieved by an individual’s name, Social

Security number, or some other personal identifier. In other words, the Privacy

Act does not apply to information about

individuals in records that are filed

under other subjects, such as organizations or events, unless the agency also

indexes and retrieves them by individual

names or other personal identifiers.

There are 10 exemptions to the Privacy

Act under which an agency can withhold certain kinds of information from

you. Examples of exempt records are

those containing classified information

on national security and those concerning criminal investigations.

Another exemption often used by

agencies is that which protects information that would identify a confidential source. For example, if an investigator questions a person about your

qualifications for federal employment

and that person agrees to answer only
The Privacy Act

9

if his identity is protected, then his

name or any information that would

identify him can be withheld. The 10

exemptions are set out in the law.

If you are interested in more details,

you should read the Privacy Act in its

entirety. Though this law is too lengthy

to publish as part of this brochure, it is

readily available. It is printed in the U.S.

Code (Section 552a of Title 5), which

can be found in many public and school

libraries. You may also order a copy of

the Privacy Act of 1974, Public Law

93-579, from the Superintendent of

Documents (ordering instructions are

on page 14). Also, the full text of the

Privacy Act is available on the Justice

Department’s FOIA site on the Internet.

Go to the Justice Department’s website

at www.usdoj.gov/foia (click on

“Reference Materials,” and scroll down

to the “Text of the Privacy Act”).

Whom do I contact in the

federal government with my

request? How do I get the

right address?

As with the FOIA, no one office handles all Privacy Act requests. To locate

the proper agency to handle your

request, follow the same guidelines as

for the Freedom of Information Act.

How do I know if an agency

has a file on me?

If you think a particular agency has a

file pertaining to you, you may write to

the Privacy Act Officer or head of the

agency. Agencies are generally required

to inform you, upon request, whether or

not they have files on you. In addition,

agencies are required to report publicly

the existence of all systems of records

they keep on individuals. The Office of

the Federal Register makes available on

the Internet a compilation of each

agency’s systems of records notices,

including exemptions, as well as its

Privacy Act regulations. The Privacy

Act Issuances Compilation is updated

every two years and can be found at

www.access.gpo.gov/su_docs.

How do I request information under the Privacy Act?

Write a letter to the agency that you

believe may have a file pertaining to

you. Address your request to the

agency’s Privacy Act Officer. Be sure

to write “Privacy Act Request” clearly

on both the letter and the envelope.

Most agencies require some proof of

identity before they will give you your

records. Therefore, it is a good idea to

enclose proof of identity (such as a

copy of your driver’s license) with your

full name and address. Do not send the

original documents. Remember to sign

your request for information, since

your signature is a form of identification. If an agency needs more proof of

identity before releasing your files, it

will let you know.
The Privacy Act

10

Give as much information as possible

as to why you believe the agency has

records about you. The agency should

process your request or contact you for

additional information. 

A sample request is shown on page 11.

Keep a copy of your request. You may

need to refer to it in further correspondence with the agency.

What is the cost for getting

records under the Privacy

Act?

Under the Privacy Act, an agency can

only charge for the cost of copying

records, not for time spent locating them.

How long will it take to

answer my request?

Under the terms of the Privacy Act, the

agency is not required to reply to a

request within a given period of time.

However, most agencies have adopted

the FOIA response times. If you do not

receive any response within four weeks

or so, you might wish to write again,

enclosing a copy of your original request.

What if I find that a federal

agency has incorrect information about me in its files?

The Privacy Act requires agencies

maintaining personal information about

individuals to keep accurate, relevant,

timely, and complete files. If, after seeing your file, you believe that it contains

incorrect information and should be

amended, write to the agency official

who released the record to you. Include

all pertinent documentation for each

change you are requesting. The agency

will let you know if further proof is needed. The law requires an agency to notify

you of the receipt of such an amendment request within 10 working days of

receipt. If your request for amendment is

granted, the agency will tell you precisely what will be done to amend the

record. You may appeal any denial. Even

if an agency denies your appeal, you

have the right to submit a statement

explaining why you think the record is

wrong and the agency must attach your

statement to any nonexempt records

involved. The agency must also inform

you of your right to go to court and have

a judge review the denial of your appeal.

What can I do if I am denied

information requested under

the Privacy Act?

There is no required procedure for

Privacy Act appeals, but an agency

should advise you of its own appeal

procedure when it makes a denial.

Should the agency deny your appeal,

you may take the matter to court. If you

win your case, you may be awarded

court costs and attorney’s fees.
The Privacy Act

11

Sample Privacy Act Request Letter

Date

Privacy Act Request

Agency 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 the

Privacy 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 let

me know before you work on my request. [Or, please supply the records

without 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 specific

exemption you think justifies your refusal to release the information and

notify me of appeal procedures available under the law.

Optional: If you have any questions about handling this request, you

may telephone me at ___________ (home phone) or at ___________

(office phone).

Sincerely,

Name 

Address

Enclosure (proof of identity)
A Comparison of the Freedom of

Information Act and the Privacy Act

12

What is the relationship

between the FOIA and the

Privacy Act?

Although the two laws were enacted

for different purposes, there is some

similarity in their provisions. Both the

FOIA and the Privacy Act give people

the right to request access to records

held by agencies of the federal government. The FOIA’s access rights are

given to “any person,” but the Privacy

Act’s access rights are given only to

the individual who is the subject of the

records sought (if that individual is a

U.S. citizen or a lawfully admitted permanent resident alien).

The FOIA applies to all federal agency

records. The Privacy Act, however,

applies to only those federal agency

records that are in “systems of records”

containing information about individuals

that is retrieved by the use of a name or

personal identifier. Each law has a somewhat different set of fees, time limits,

and exemptions from its right of access.

If the information you want pertains to

the activities of a federal agency, an

organization, or some person other than

yourself, you should make your request

under the FOIA, which covers all

agency records. If the information you

want is about yourself, you should make

the request also under the Privacy Act,

which covers most records of agencies

that pertain to individuals. Sometimes

you can use the FOIA to get records

about yourself that are not in a Privacy

Act “system of records.” If you are in

doubt about which law applies or would

better suit your needs, you may refer to

both in your request letter. If you

request records about yourself and the

Privacy Act applies, the agency should

process the request under both the

FOIA and the Privacy Act and withhold

requested information from you only if

it is exempt under both laws.

Can I request information

about other people?

Yes, but it might be withheld to protect

their personal privacy. The FOIA contains two very important provisions concerning personal privacy: Exemption 6

and Exemption 7(C). They protect you

from others who may seek information

about you, but they also may prevent

you from obtaining information about

others. The FOIA’s Exemption 6 permits

an agency to withhold information about

individuals if disclosing it would be “a

clearly unwarranted invasion of personal privacy.” This includes, for example,

almost all of the information in medical

and financial benefit files and much of

the information in personnel files.

Exemption 7(C) similarly protects personal privacy interests in law enforcement records. To decide whether to

withhold information under these two

FOIA privacy exemptions, an agency

must balance personal privacy interests

against any public interest that would be

served by disclosure. Neither Exemption

6 nor Exemption 7(C) can be used to

deny you access to information about

yourself, only to deny you information

about other persons.
Federal Citizen Information

Center

The Federal Citizen Information Center

(FCIC) of the U.S. General Services

Administration administers a national

contact center which can help you find

information about the federal government's agencies, services, and programs. You may ask the contact center

for assistance in contacting the proper

federal agency with your Freedom of

Information Act or Privacy Act request.

Simply call toll-free 1-800-FED-INFO

(that’s 1-800-333-4636) from anywhere in

the United States. The contact center is

open for personal assistance from 

8 a.m. to 8 p.m., Eastern time, Monday

through Friday, except federal holidays.

Recorded information on frequently

requested subjects is available around

the clock.

You may also visit the contact center's

website at www.pueblo.gsa.gov/call

(under “Our Frequently Asked

Questions,” click on "Freedom of

Information” or “Privacy"). A text version

of this publication is available on the

FCIC’s website at www.pueblo.gsa.gov

(click on “Federal Programs,” and scroll

down to this publication’s title) and the

Justice Department’s website at

www.usdoj.gov/foia (click on “Reference

Materials,” and scroll down to this publication’s title).

In addition, the FCIC publishes the free

Consumer Information Catalog, which

lists more than 200 free and low-cost

federal booklets on a wide variety of

consumer topics. For a free copy of the

Catalog, write to Consumer

Information Catalog, Pueblo, CO 81009,

or call toll-free 1-800-FED-INFO (that’s

1-800-333-4636). The Catalog is also

available through FCIC's website at

www.pueblo.gsa.gov.

U.S. Government Manual

The U.S. Government Manual is the official handbook of the federal government. Published by the National

Archives and Records Administration, it

describes the programs in each federal

agency, lists the names of top personnel, the mailing address, and a general

information telephone number. It is

available in most public libraries or can

be purchased by sending a check or

money order to the Superintendent of

Documents, PO Box 371954, Pittsburgh,

PA 15250-7954. For pricing and ordering

information, call toll-free 1-866-512-1800.

The text version is available on the U.S.

Government Printing Office’s website at

www.access.gpo.gov/nara/nara001.html

The Privacy Act of 1974

This law gives citizens the right to see

files about themselves, subject to its

exemptions; to request an amendment

if a nonexempt record is inaccurate,

irrelevant, untimely, or incomplete; and

to sue the government for permitting

others to see their files unless specifically permitted by the law. A complete

copy of the Privacy Act can be found

at Section 552a of Title 5 of the U.S.

Other Sources of Information

13
Code. Or you may order a copy of the

Privacy Act, Public Law 93-579, from

the Superintendent of Documents, 

PO Box 371954, Pittsburgh, PA

15250-7954. For pricing and ordering

information, call toll-free 1-866-

512-1800. A text version is available on

the Justice Department’s website at

www.usdoj.gov/foia (click on

“Reference Materials,” and scroll down

to the “Text of the Privacy Act”).

A Citizen’s Guide on Using

the Freedom of Information

Act and the Privacy Act of

1974 to Request Government

Records

This booklet, written by the Committee

on Government Reform, U.S. House of

Representatives, provides a much

more detailed explanation of the

Freedom of Information Act and the

Privacy Act than this brochure. It may

be purchased from the Superintendent

of Documents, PO Box 371954,

Pittsburgh, PA 15250-7954. To order by

telephone, call toll-free 1-866-512-1800.

Text and Portable Document Format

(PDF) versions are available online at

www.house.gov/reform/reports.htm.

Freedom of Information Act

Guide and Privacy Act

Overview

This book is updated every other year

by the Justice Department’s Office of

Information and Privacy. The “Justice

Department’s Guide to the Freedom of

Information Act,” is a comprehensive

summary of the law that includes a discussion of the nine FOIA exemptions

and its most important procedural

aspects. The “Privacy Act Overview,”

prepared in coordination with the

Office of Management and Budget, is a

discussion of the provisions of the

Privacy Act. The book also contains the

texts of both statutes. It may be purchased from the Superintendent of

Documents, PO Box 371954, Pittsburgh,

PA 15250-7954. For pricing and ordering

information, call toll-free 1-866-512-1800.

Text versions are available on the

Justice Department’s website at

www.usdoj.gov/foia (click on

“Reference Materials,” and then click

on the name of each document).

Freedom of Information

Case List

This book, updated in 2002 by the

Justice Department’s Office of

Information and Privacy, contains lists

of cases decided under the Freedom of

Information Act, the Privacy Act, the

Government in the Sunshine Act, and

the Federal Advisory Committee Act.

The book includes the texts of those

four statutes and a list of related law

review articles. For pricing and ordering

information, call toll-free 1-866-512-1800.

A text version is available on the Justice

Department’s website at

www.usdoj.gov/foia (click on

“Reference Materials,” and then click

on “Freedom of Information Case List”). 

Other Sources of Information

14
FOIA Update

This newsletter, published by the

Justice Department’s Office of

Information and Privacy from

1979–2000, contained information and

guidance for federal agencies. All back

issues are available and keyword

searchable on the Justice Department's

website at www.usdoj.gov/foia (click on

"Reference Materials,"and then click on

“FOIA Update”).

FOIA Post

This Web-based successor to FOIA

Update has been published by the

Justice Department's Office of

Information and Privacy as of 2001.

Articles of FOIA-related information

and guidance are published on an asneeded basis. It can be found on the

Justice Department's website at

www.usdoj.gov/foia (click on

"Reference Materials," and then click

on “FOIA Post”).

Other Sources of Information

15
The Freedom of Information Act,

5 U.S.C. § 552

16

§ 552. Public information; agency rules, opinions, orders, records, and proceedings

(a) Each agency shall make available to the public information as follows:

(1) Each agency shall separately state and currently publish in the

Federal Register for the guidance of the public—

(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods

whereby, the public may obtain information, make submittals or

requests, or obtain decisions;

(B) statements of the general course and method by which its functions are channeled and determined, including the nature and

requirements of all formal and informal procedures available;

(C) rules of procedure, descriptions of forms available or the places

at which forms may be obtained, and instructions as to the

scope and contents of all papers, reports, or examinations;

(D) substantive rules of general applicability adopted as authorized

by law, and statements of general policy or interpretations of

general applicability formulated and adopted by the agency; and

(E) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely notice of the terms

thereof, a person may not in any manner be required to resort to, or be adversely

affected by, a matter required to be published in the Federal Register and not so

published. For the purpose of this paragraph, matter reasonably available to the

class of persons affected thereby is deemed published in the Federal Register

when incorporated by reference therein with the approval of the Director of the

Federal Register.

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

(A) final opinions, including concurring and dissenting opinions, as

well as orders, made in the adjudication of cases;
The Freedom of Information Act, 

5 U.S.C. § 552

17

(B) those statements of policy and interpretations which have been

adopted by the agency and are not published in the Federal

Register;

(C) administrative staff manuals and instructions to staff that

affect a member of the public;

(D) copies of all records, regardless of form or format, which have

been released to any person under paragraph (3) and which,

because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and

(E) a general index of the records referred to under subparagraph (D);

unless the materials are promptly published and copies offered for sale. For

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

each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete

identifying details when it makes available or publishes an opinion, statement of

policy, interpretation, staff manual, instruction, or copies of records referred to

in subparagraph (D). However, in each case the justification for the deletion

shall be explained fully in writing and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless

including that indication would harm an interest protected by the exemption in

subsection (b) under which the deletion is made. If technically feasible, the

extent of the deletion shall be indicated at the place in the record where the

deletion was made. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for

the public as to any matter issued, adopted, or promulgated after July 4, 1967,

and required by this paragraph to be made available or published. Each agency

shall promptly publish, quarterly or more frequently, and distribute (by sale or

otherwise) copies of each index or supplements thereto unless it determines by

order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide

copies of such index on request at a cost not to exceed the direct cost of duplication. Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999. A final order, opin-
The Freedom of Information Act,

5 U.S.C. § 552

18

ion, statement of policy, interpretation, or staff manual or instruction that

affects a member of the public may be relied on, used, or cited as precedent by

an agency against a party other than an agency only if—

(i) it has been indexed and either made available or published

as provided by this paragraph; or

(ii) the party has actual and timely notice of the terms thereof.

(3) (A) Except with respect to the records made available under paragraphs (1) and (2) of the subsection, each agency, upon any request

for records which (i) reasonably describes such records and (ii) is

made in accordance with published rules stating the time, place,

fees (if any), and procedures to be followed, shall make the records

promptly available to any person.

(B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format

requested by the person if the record is readily reproducible by

the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that

are reproducible for purposes of this section.

(C) In responding under this paragraph to a request for records, an

agency shall make reasonable efforts to search for the records

in electronic form or format, except when such efforts would

significantly interfere with the operation of the agency’s automated information system.

(D) For purposes of this paragraph, the term “search” means to

review, manually or by automated means, agency records for

the purpose of locating those records which are responsive to a

request.

(4) (A)(i) In order to carry out the provisions of this section, each agency

shall promulgate regulations, pursuant to notice and receipt of public

comment, specifying the schedule of fees applicable to the processing of requests under the section and establishing procedures and

guidelines for determining when such fees should be waived or

reduced. Such schedule shall conform to the guidelines which shall
The Freedom of Information Act, 

5 U.S.C. § 552

19

be promulgated, pursuant to notice and receipt of public comment,

by the Director of the Office of Management and Budget and which

shall provide for a uniform schedule of fees for all agencies.

(ii) Such agency regulations shall provide that–

(I) fees shall be limited to reasonable standard charges for

document search, duplication, and review, when

records are requested for commercial use;

(II) fees shall be limited to reasonable standard charges for

document duplication when records are not sought for

commercial use and the request is made by an educational or noncommercial scientific institution, whose

purpose is scholarly or scientific research; or a representative of the news media; and

(III) for any request not described in (I) or (II), fees shall be

limited to reasonable standard charges for document

search and duplication.

(iii) Documents shall be furnished without any charge or at a

charge reduced below the fees established under clause (ii) if

disclosure of the information is in the public interest because

it is likely to contribute significantly to public understanding

of the operations or activities of the government and is not

primarily in the commercial interest of the requester.

(iv) Fee schedules shall provide for the recovery of only the

direct costs of search, duplication, or review. Review costs

shall include only the direct costs incurred during the initial

examination of a document for the purposes of determining

whether the documents must be disclosed under this section and for the purposes of withholding any portions

exempt from disclosure under this section. Review costs

may not include any costs incurred in resolving issues of

law or policy that may be raised in the course of processing

a request under this section. No fee may be charged by any

agency under this section—
The Freedom of Information Act,

5 U.S.C. § 552

20

(I) if the costs of routine collection and processing of the

fee are likely to equal or exceed the amount of the fee; or

(II) for any request described in clause (ii)(II) or (III) of this

subparagraph for the first two hours of search time or

for the first one hundred pages of duplication.

(v) No agency may require advance payment of any fee unless

the requester has previously failed to pay fees in a timely

fashion, or the agency has determined that the fee will

exceed $250.

(vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the

level of fees for particular types of records.

(vii) In any action by a requester regarding the waiver of fees

under this section, the court shall determine the matter de

novo, provided, that the court’s review of the matter shall be

limited to the record before the agency.

(B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place

of business, or in which the agency records are situated, or in

the District of Columbia, has jurisdiction to enjoin the agency

from withholding agency records and to order the production of

any agency records improperly withheld from the complainant.

In such a case the court shall determine the matter de novo,

and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall

be withheld under any of the exemptions set forth in subsection

(b) of this section, and the burden is on the agency to sustain

its action. In addition to any other matters to which a court

accords substantial weight, a court shall accord substantial

weight to an affidavit of an agency concerning the agency’s

determination as to technical feasibility under paragraph (2)(C)

and subsection (b) and reproducibility under paragraph (3)(B).
The Freedom of Information Act, 

5 U.S.C. § 552

21

(C) Notwithstanding any other provision of law, the defendant shall

serve an answer or otherwise plead to any complaint made

under this subsection within thirty days after service upon the

defendant of the pleading in which such complaint is made,

unless the court otherwise directs for good cause shown.

(D) Repealed. Pub. L. 98-620, Title IV, 402(2), Nov. 8, 1984, 98 Stat.

3335, 3357.

(E) The court may assess against the United States reasonable

attorney fees and other litigation costs reasonably incurred in

any case under this section in which the complainant has substantially prevailed.

(F) Whenever the court orders the production of any agency records

improperly withheld from the complainant and assesses against

the United States reasonable attorney fees and other litigation

costs, and the court additionally issues a written finding that the

circumstances surrounding the withholding raise questions

whether agency personnel acted arbitrarily or capriciously with

respect to the withholding, the Special Counsel shall promptly

initiate a proceeding to determine whether disciplinary action is

warranted against the officer or employee who was primarily

responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative

authority of the agency concerned and shall send copies of the

findings and recommendations to the officer or employee or his

representative. The administrative authority shall take the corrective action that the Special Counsel recommends.

(G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee,

and in the case of a uniformed service, the responsible member.

(5) Each agency having more than one member shall maintain and

make available for public inspection a record of the final votes of

each member in every agency proceeding.
The Freedom of Information Act,

5 U.S.C. § 552

22

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

(i) determine within twenty days (excepting Saturdays,

Sundays, and legal public holidays) after the receipt of any

such request whether to comply with such request and

shall immediately notify the person making such request of

such determination and the reasons therefor, and of the

right of such person to appeal to the head of the agency

any adverse determination; and

(ii) make a determination with respect to any appeal within

twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal

the denial of the request for records is in whole or in part

upheld, the agency shall notify the person making such

request of the provisions for judicial review of that determination under paragraph (4) of this subsection.

(B) (i) In unusual circumstances as specified in this subparagraph,

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

subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify

a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph. 

(ii) With respect to a request for which a written notice under

clause (i) extends the time limits prescribed under clause (i)

of subparagraph (A), the agency shall notify the person

making the request if the request cannot be processed

within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the

request so that it may be processed within that time limit or

an opportunity to arrange with the agency an alternative

time frame for processing the request or a modified

request. Refusal by the person to reasonably modify the

request or arrange such an alternative time frame shall be
The Freedom of Information Act, 

5 U.S.C. § 552

23

considered as a factor in determining whether exceptional

circumstances exist for purposes of subparagraph (C).

(iii) As used in this subparagraph, “unusual circumstances”

means, but only to the extent reasonably necessary to the

proper processing of the particular requests—

(I) the need to search for and collect the requested

records from field facilities or other establishments that

are separate from the office processing the request;

(II) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct

records which are demanded in a single request; or 

(III) the need for consultation, which shall be conducted

with all practicable speed, with another agency having a

substantial interest in the determination of the request

or among two or more components of the agency having

substantial subject matter interest therein.

(iv) Each agency may promulgate regulations, pursuant to

notice and receipt of public comment, providing for the

aggregation of certain requests by the same requester, or

by a group of requesters acting in concert, if the agency

reasonably believes that such requests actually constitute a

single request, which would otherwise satisfy the unusual

circumstances specified in this subparagraph, and the

requests involve clearly related matters. Multiple requests

involving unrelated matters shall not be aggregated. 

(C) (i) Any person making a request to any agency for records under

paragraph (1), (2), or (3) of this subsection shall be deemed to

have exhausted his administrative remedies with respect to such

request if the agency fails to comply with the applicable time

limit provisions of this paragraph. If the Government can show

exceptional circumstances exist and that the agency is exercising

due diligence in responding to the request, the court may retain

jurisdiction and allow the agency additional time to complete its
The Freedom of Information Act,

5 U.S.C. § 552

24

review of the records. Upon any determination by an agency to

comply with a request for records, the records shall be made

promptly available to such person making such request. Any

notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each

person responsible for the denial of such request.

(ii) For purposes of this subparagraph, the term “exceptional

circumstances” does not include a delay that results from a

predictable agency workload of requests under this section,

unless the agency demonstrates reasonable 4progress in

reducing its backlog of pending requests.

(iii) Refusal by a person to reasonably modify the scope of a

request or arrange an alternative time frame for processing

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 the request shall be considered as a factor

in determining whether exceptional circumstances exist for

purposes of this subparagraph.

(D) (i) Each agency may promulgate regulations, pursuant to notice

and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or

time (or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a person

making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the

request in order to qualify for faster processing.

(iii) This subparagraph shall not be considered to affect the

requirement under subparagraph (C) to exercise due diligence.

(E) (i) Each agency shall promulgate regulations, pursuant to notice

and receipt of public comment, providing for expedited processing of requests for records–
The Freedom of Information Act, 

5 U.S.C. § 552

25

(I) in cases in which the person requesting the records

demonstrates a compelling need; and

(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under this subparagraph must ensure—

(I) that a determination of whether to provide expedited processing shall be made, and notice of the determination

shall be provided to the person making the request,

within 10 days after the date of the request; and

(II) expeditious consideration of administrative appeals of

such determinations of whether to provide expedited

processing.

(iii) An agency shall process as soon as practicable any request

for records to which the agency has granted expedited processing under this subparagraph. Agency action to deny or

affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to

respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the

judicial review shall be based on the record before the

agency at the time of the determination.

(iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a

request for records after the agency has provided a complete response to the request.

(v) For purposes of this subparagraph, the term “compelling

need” means—

(I) that a failure to obtain requested records on an expedited

basis under this paragraph could reasonably be expected

to pose an imminent threat to the life or physical safety of

an individual; or
The Freedom of Information Act,

5 U.S.C. § 552

26

(II) with respect to a request made by a person primarily

engaged in disseminating information, urgency to

inform the public concerning actual or alleged Federal

Government activity.

(vi) A demonstration of a compelling need by a person making

a request for expedited processing shall be made by a

statement certified by such person to be true and correct

to the best of such person’s knowledge and belief.

(F) In denying a request for records, in whole or in part, an agency

shall make a reasonable effort to estimate the volume of any

requested matter the provision of which is denied, and shall

provide any such estimate to the person making the request,

unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the

denial is made.

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

(1) (A)specifically authorized under criteria established by an

Executive order to be kept secret in the interest of national defense

or foreign policy and (B) are in fact properly classified pursuant to

such Executive order;

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

agency;

(3) specifically exempted from disclosure by statute (other than section

552b of this title), provided that such statute (A) requires that the

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

discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(4) trade secrets and commercial or financial information obtained

from a person and privileged or confidential;
The Freedom of Information Act, 

5 U.S.C. § 552

27

(5) inter-agency or intra-agency memorandums or letters which would

not be available by law to a party other than an agency in litigation

with the agency;

(6) personnel and medical files and similar files the disclosure of which

would constitute a clearly unwarranted invasion of personal privacy;

(7) records or information compiled for law enforcement purposes, but

only to the extent that the production of such law enforcement

records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a

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

be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a

confidential source, including a State, local, or foreign agency or

authority or any private institution which furnished information on

a confidential basis, and, in the case of a record or information

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

criminal investigation, or by an agency conducting a lawful national

security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for

law enforcement investigations or prosecutions, or would disclose

guidelines for law enforcement investigations or prosecutions if

such disclosure could reasonably be expected to risk circumvention

of the law, or (F) could reasonably be expected to endanger the life

or physical safety of any individual;

(8) contained in or related to examination, operating, or condition

reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) geological and geophysical information and data, including maps,

concerning wells.

Any reasonably segregable portion of a record shall be provided to any person

requesting such record after deletion of the portions which are exempt under

this subsection. The amount of information deleted shall be indicated on the

released portion of the record, unless including that indication would harm an

interest protected by the exemption in this subsection under which the deletion
The Freedom of Information Act,

5 U.S.C. § 552

28

is made. If technically feasible, the amount of the information deleted shall be

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

(c)(1) Whenever a request is made which involves access to records described

in subsection (b)(7)(A) and—

(A) the investigation or proceeding involves a possible violation of

criminal law; and

(B) there is reason to believe that (i) the subject of the investigation

or proceeding is not aware of its pendency, and (ii) disclosure of

the existence of the records could reasonably be expected to

interfere with enforcement proceedings, the agency may, during

only such time as that circumstance continues, treat the

records as not subject to the requirements of this section.

(2) Whenever informant records maintained by a criminal law enforcement agency under an informant’s name or personal identifier are

requested by a third party according to the informant’s name or

personal identifier, the agency may treat the records as not subject

to the requirements of this section unless the informant’s status as

an informant has been officially confirmed.

(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign

intelligence or counterintelligence, or international terrorism, and

the existence of the records is classified information as provided in

subsection (b)(1), the Bureau may, as long as the existence of the

records remains classified information, treat the records as not

subject to the requirements of this section.

(d) This section does not authorize the withholding of information or limit the

availability of records to the public, except as specifically stated in this section.

This section is not authority to withhold information from Congress.

(e)(1) On or before February 1 of each year, each agency shall submit to the

Attorney General of the United States a report which shall cover the preceding

fiscal year and which shall include–
The Freedom of Information Act, 

5 U.S.C. § 552

29

(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination;

(B) (i) the number of appeals made by persons under subsection

(a)(6), the result of such appeals, and the reason for the action

upon each appeal that results in a denial of information; and

(ii) a complete list of all statutes that the agency relies upon to

authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the

decision of the agency to withhold information under each

such statute, and a concise description of the scope of any

information withheld;

(C) the number of requests for records pending before the agency

as of September 30 of the preceding year, and the median number of days that such requests had been pending before the

agency as of that date;

(D) the number of requests for records received by the agency and

the number of requests which the agency processed;

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

(F) the total amount of fees collected by the agency for processing

requests; and

(G) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total

amount expended by the agency for processing such requests.

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

including by computer telecommunications, or if computer telecommunication means have not been established by the agency, by

other electronic means.
(3) The Attorney General of the United States shall make each report

which has been made available by electronic means available at a single electronic access point. The Attorney General of the United States

shall notify the Chairman and ranking minority member of the

Committee on Government Reform and Oversight of the House of

Representatives and the Chairman and ranking minority member of

the Committees on Governmental Affairs and the Judiciary of the

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

issued, that such reports are available by electronic means.

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

Director of the Office of Management and Budget, shall develop

reporting and performance guidelines in connection with reports

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

additional requirements for such reports as the Attorney General

determines may be useful. 

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

report on or before April 1 of each calendar year which shall include for

the prior calendar year a listing of the number of cases arising under

this section, the exemption involved in each case, the disposition of

such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also

include a description of the efforts undertaken by the Department of

Justice to encourage agency compliance with this section.

(f) For purposes of this section, the term–

(1) “agency” as defined in section 551(1) of this title includes any executive department, military department, Government corporation,

Government controlled corporation, or other establishment in the

executive branch of the Government (including the Executive Office of

the President), or any independent regulatory agency; and 

(2) “record” and any other term used in this section in reference to information includes any information that would be an agency record subject to the requirements of this section when maintained by an agency

in any format, including an electronic format.

The Freedom of Information Act,

5 U.S.C. § 552

30
(g) The head of each agency shall prepare and make publicly available upon

request, reference material or a guide for requesting records or information from

the agency, subject to the exemptions in subsection (b), including–

(1) an index of all major information systems of the agency;

(2) a description of major information and record locator systems maintained by the agency; and

(3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under

this section.

The Freedom of Information Act, 

5 U.S.C. § 552

31
A joint publication of

U.S. General Services Administration U.S. Department of Justice

Washington, DC 20405 Washington, DC 20530

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