Your Right To

Federal Records

Questions and Answers

on the Freedom of Information Act

and Privacy Act

September 2004

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, generally

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 (E-FOIA). The E-FOIA

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 people 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 except for those

records (or portions of 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 the information as a

matter of administrative discretion if it

chooses to do so and disclosure of that

information is not prohibited by any

law. The full text of the FOIA is printed

beginning on page 16 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, all state governments have

their own FOIA-type statutes. You may

request details 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 recall
The Freedom of Information Act

2

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. 

If, on the other hand, the records you

seek are about yourself, you may

request them under for the FOIA and

the Privacy Act of 1974 (see description

beginning on page 8). In such cases,

records may be withheld only if exempt

under both laws (see Sample Privacy

Act Request Letter on page 11).

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 it can be very 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 

E-FOIA amendments, the FOIA requires

that agencies make certain records

available in their electronic FOIA reading rooms on the Internet. For example,

you will 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. 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 Freedom of Information Act

3

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.

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

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).

In addition, 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, 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 in order to increase the likelihood that the agency will be able to

locate them. Any facts that 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
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

Agency FOIA Officer

Name of agency or agency component 

Address (see discussion on pages 2-3 on whom to contact)

Re: Freedom of Information Act Request 

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

information even if it falls within a FOIA

exemption.

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

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 about $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

time 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 for 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 calendar 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

The Freedom of Information Act

6
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 reason(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 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. 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 includes most systems, 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

any 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.

Give as much information as possible

as to why you believe the agency has
The Privacy Act

10

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

charge only 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 fees.
The Privacy Act

11

Sample Privacy Act Request Letter

Date

Agency FOIA/Privacy Act Officer 

Name of agency or agency component 

Address (see discussion on page 9 on whom to contact)

Re: Privacy Act Request

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 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

generally 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.

A text version of this publication is available on 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, 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 tollfree 1 (800) 8 PUEBLO (that’s 1 (800) 878-

3256). The Catalog is also available on

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 (800) 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. 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

Other Sources of Information

13
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. View the text

versions 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, last 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 FOIArelated 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 since 2001.

Items of FOIA-related information and

guidance are published on an as-needed

basis. The FOIA Post can be found on

the Justice Department's website at

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

Materials," and then click on “FOIA

Post”).

FOIA Reference Guides or

Handbooks

Under the amended statute, each federal department or agency is required to

maintain a reference guide or handbook

to assist the public in making FOIA

requests to that agency. These are available on each agency’s FOIA website 

(for example, the Justice Department’s

FOIA Reference Guide is available at

www.usdoj.gov/04foia/04_3.html).

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
The Freedom of Information Act,

5 U.S.C. § 552

18

direct cost of duplication. Each agency shall make the index referred to

in subparagraph (E) available by computer telecommunications by

December 31, 1999. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public

may be relied on, used, or cited as precedent by an agency against a

party other than an agency only if—

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

as provided by this paragraph; or

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

(3) (A) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, and except as provided in

subparagraph (E), each agency, upon any request for records

which (i) reasonably describes such records and (ii) is made in

accordance with published rules stating the time, place, fees (if

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

promptly available to any person.

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

requested by the person if the record is readily reproducible by

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

are reproducible for purposes of this section.

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

agency shall make reasonable efforts to search for the records

in electronic form or format, except when such efforts would

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

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

review, manually or by automated means, agency records for

the purpose of locating those records which are responsive to a

request.
The Freedom of Information Act, 

5 U.S.C. § 552

19

(E) An agency, or part of an agency, that is an element of the intelligence community (as that term is defined in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make

any record available under this paragraph to —

(i) any government entity, other than a State, territory,

commonwealth, or district of the United States, or any

subdivision thereof; or

(ii) a representative of a government entity described in

clause (i).

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

agency shall promulgate regulations, pursuant to notice and

receipt of public comment, specifying the schedule of fees applicable to the processing of requests under 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 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.
The Freedom of Information Act,

5 U.S.C. § 552

20

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

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

disclosure of the information is in the public interest because

it is likely to contribute significantly to public understanding

of the operations or activities of the government and is not

primarily in the commercial interest of the requester.

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

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

shall include only the direct costs incurred during the initial

examination of a document for the purposes of determining

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

exempt from disclosure under this section. Review costs

may not include any costs incurred in resolving issues of

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

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

agency under this section—

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

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

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

subparagraph for the first two hours of search time or

for the first one hundred pages of duplication.

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

the requester has previously failed to pay fees in a timely

fashion, or the agency has determined that the fee will

exceed $250.

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

level of fees for particular types of records.

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

under this section, the court shall determine the matter de

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

limited to the record before the agency.
The Freedom of Information Act, 

5 U.S.C. § 552

21

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

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

the District of Columbia, has jurisdiction to enjoin the agency

from withholding agency records and to order the production of

any agency records improperly withheld from the complainant.

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

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

be withheld under any of the exemptions set forth in subsection

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

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

accords substantial weight, a court shall accord substantial

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

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

and subsection (b) and reproducibility under paragraph (3)(B).

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

serve an answer or otherwise plead to any complaint made

under this subsection within thirty days after service upon the

defendant of the pleading in which such complaint is made,

unless the court otherwise directs for good cause shown.

(D) Repealed. Pub. L. 98-620, Title IV, 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
The Freedom of Information Act,

5 U.S.C. § 552

22

warranted against the officer or employee who was primarily

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

authority of the agency concerned and shall send copies of the

findings and recommendations to the officer or employee or his

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

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

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

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

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

each member in every agency proceeding.

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

(i) determine within twenty days (except 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 per-
The Freedom of Information Act, 

5 U.S.C. § 552

23

son 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

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.
The Freedom of Information Act,

5 U.S.C. § 552

24

(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

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.
The Freedom of Information Act, 

5 U.S.C. § 552

25

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

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

(or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a person

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

request in order to qualify for faster processing.

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

requirement under subparagraph (C) to exercise due diligence.

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

and receipt of public comment, providing for expedited processing of requests for records–

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

demonstrates a compelling need; and

(II) in other cases determined by the agency.

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

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

shall be provided to the person making the request,

within 10 days after the date of the request; and

(II) expeditious consideration of administrative appeals of

such determinations of whether to provide expedited

processing.

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

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

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

5 U.S.C. § 552

26

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

judicial review shall be based on the record before the

agency at the time of the determination.

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

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

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

need” means—

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

basis under this paragraph could reasonably be expected

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

an individual; or

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

engaged in disseminating information, urgency to

inform the public concerning actual or alleged Federal

Government activity.

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

a request for expedited processing shall be made by a

statement certified by such person to be true and correct

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

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

shall make a reasonable effort to estimate the volume of any

requested matter the provision of which is denied, and shall

provide any such estimate to the person making the request,

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

denial is made.
The Freedom of Information Act, 

5 U.S.C. § 552

27

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

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

order to be kept secret in the interest of national defense or foreign

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

Executive order;

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

agency;

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

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

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

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

(4) trade secrets and commercial or financial information obtained

from a person and privileged or confidential;

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

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

with the agency;

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

would constitute a clearly unwarranted invasion of personal privacy;

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

only to the extent that the production of such law enforcement

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

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

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

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

authority or any private institution which furnished information on

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

compiled by 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 confi-
The Freedom of Information Act,

5 U.S.C. § 552

28

dential 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

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
The Freedom of Information Act, 

5 U.S.C. § 552

29

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–

(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

The Freedom of Information Act,

5 U.S.C. § 552

30
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.

(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
September 2004

A joint publication of:

U.S. Department of Justice

Washington, DC 20530

and

GSA Office of Citizen Services and Communications

Federal Citizen Information Center

U.S. General Services Administration

1800 F Street, NW

Washington, DC 20405

www.pueblo.gsa.gov