Laws: Cases and Codes : U.S. Code : Title 5 : Section 552
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U.S. Code as of:
01/03/05
Section 552 - Notes
SOURCE
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23, Sec.
1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, Secs. 1-3, Nov. 21,
1974, 88 Stat. 1561-1564; Pub. L. 94-409, Sec. 5(b), Sept. 13,
1976, 90 Stat. 1247; Pub. L. 95-454, title IX, Sec. 906(a)(10),
Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, Sec.
402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, Secs.
1802, 1803, Oct. 27, 1986, 100 Stat. 3207-48, 3207-49; Pub. L.
104-231, Secs. 3-11, Oct. 2, 1996, 110 Stat. 3049-3054; Pub. L.
107-306, title III, Sec. 312, Nov. 27, 2002, 116 Stat. 2390.)
CODIFICATION
Section 552 of former Title 5, Executive Departments and
Government Officers and Employees, was transferred to section 2243
of Title 7, Agriculture.
AMENDMENTS
2002 - Subsec. (a)(3)(A). Pub. L. 107-306, Sec. 312(1), inserted
"and except as provided in subparagraph (E)," after "of this
subsection,".
Subsec. (a)(3)(E). Pub. L. 107-306, Sec. 312(2), added subpar.
(E).
1996 - Subsec. (a)(2). Pub. L. 104-231, Sec. 4(4), (5), in first
sentence struck out "and" at end of subpar. (B) and inserted
subpars. (D) and (E).
Pub. L. 104-231, Sec. 4(7), inserted after first sentence "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."
Pub. L. 104-231, Sec. 4(1), in second sentence substituted "staff
manual, instruction, or copies of records referred to in
subparagraph (D)" for "or staff manual or instruction".
Pub. L. 104-231, Sec. 4(2), inserted before period at end of
third sentence ", 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".
Pub. L. 104-231, Sec. 4(3), inserted after third sentence "If
technically feasible, the extent of the deletion shall be indicated
at the place in the record where the deletion was made."
Pub. L. 104-231, Sec. 4(6), which directed the insertion of the
following new sentence after the fifth sentence "Each agency shall
make the index referred to in subparagraph (E) available by
computer telecommunications by December 31, 1999.", was executed by
making the insertion after the sixth sentence, to reflect the
probable intent of Congress and the addition of a new sentence by
section 4(3) of Pub. L. 104-231.
Subsec. (a)(3). Pub. L. 104-231, Sec. 5, inserted subpar. (A)
designation after "(3)", redesignated subpars. (A) and (B) as cls.
(i) and (ii), respectively, and added subpars. (B) to (D).
Subsec. (a)(4)(B). Pub. L. 104-231, Sec. 6, inserted at end "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)."
Subsec. (a)(6)(A)(i). Pub. L. 104-231, Sec. 8(b), substituted "20
days" for "ten days".
Subsec. (a)(6)(B). Pub. L. 104-231, Sec. 7(b), amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows: "In
unusual circumstances as specified in this subparagraph, the time
limits prescribed in either clause (i) or clause (ii) of
subparagraph (A) may be extended by written notice to the person
making such request setting forth the reasons for such extension
and the date on which a determination is expected to be dispatched.
No such notice shall specify a date that would result in an
extension for more than ten working days. As used in this
subparagraph, 'unusual circumstances' means, but only to the extent
reasonably necessary to the proper processing of the particular
request -
"(i) the need to search for and collect the requested records
from field facilities or other establishments that are separate
from the office processing the request;
"(ii) the need to search for, collect, and appropriately
examine a voluminous amount of separate and distinct records
which are demanded in a single request; or
"(iii) the need for consultation, which shall be conducted with
all practicable speed, with another agency having a substantial
interest in the determination of the request or among two or more
components of the agency having substantial subject-matter
interest therein."
Subsec. (a)(6)(C). Pub. L. 104-231, Sec. 7(c), designated
existing provisions as cl. (i) and added cls. (ii) and (iii).
Subsec. (a)(6)(D). Pub. L. 104-231, Sec. 7(a), added subpar. (D).
Subsec. (a)(6)(E), (F). Pub. L. 104-231, Sec. 8(a), (c), added
subpars. (E) and (F).
Subsec. (b). Pub. L. 104-231, Sec. 9, inserted at end of closing
provisions "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."
Subsec. (e). Pub. L. 104-231, Sec. 10, amended subsec. (e)
generally, revising and restating provisions relating to reports to
Congress.
Subsec. (f). Pub. L. 104-231, Sec. 3, amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: "For
purposes of this section, the term 'agency' as defined in section
551(1) of this title includes any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of the
Government (including the Executive Office of the President), or
any independent regulatory agency."
Subsec. (g). Pub. L. 104-231, Sec. 11, added subsec. (g).
1986 - Subsec. (a)(4)(A). Pub. L. 99-570, Sec. 1803, amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "In order to carry out the provisions of this section,
each agency shall promulgate regulations, pursuant to notice and
receipt of public comment, specifying a uniform schedule of fees
applicable to all constituent units of such agency. Such fees shall
be limited to reasonable standard charges for document search and
duplication and provide for recovery of only the direct costs of
such search and duplication. Documents shall be furnished without
charge or at a reduced charge where the agency determines that
waiver or reduction of the fee is in the public interest because
furnishing the information can be considered as primarily
benefiting the general public."
Subsec. (b)(7). Pub. L. 99-570, Sec. 1802(a), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
"investigatory records compiled for law enforcement purposes, but
only to the extent that the production of such records would (A)
interfere with enforcement proceedings, (B) deprive a person of a
right to a fair trial or an impartial adjudication, (C) constitute
an unwarranted invasion of personal privacy, (D) disclose the
identity of a confidential source and, in the case of a record
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, confidential
information furnished only by the confidential source, (E) disclose
investigative techniques and procedures, or (F) endanger the life
or physical safety of law enforcement personnel;".
Subsecs. (c) to (f). Pub. L. 99-570, Sec. 1802(b), added subsec.
(c) and redesignated former subsecs. (c) to (e) as (d) to (f),
respectively.
1984 - Subsec. (a)(4)(D). Pub. L. 98-620 repealed subpar. (D)
which provided for precedence on the docket and expeditious
disposition of district court proceedings authorized by subsec.
(a).
1978 - Subsec. (a)(4)(F). Pub. L. 95-454 substituted references
to the Special Counsel for references to the Civil Service
Commission wherever appearing and reference to his findings for
reference to its findings.
1976 - Subsec. (b)(3). Pub. L. 94-409 inserted provision
excluding section 552b of this title from applicability of
exemption from disclosure and provision setting forth conditions
for statute specifically exempting disclosure.
1974 - Subsec. (a)(2). Pub. L. 93-502, Sec. 1(a), substituted
provisions relating to maintenance and availability of current
indexes, for provisions relating to maintenance and availability of
a current index, and inserted provisions relating to publication
and distribution of copies of indexes or supplements thereto.
Subsec. (a)(3). Pub. L. 93-502, Sec. 1(b)(1), substituted
provisions requiring requests to reasonably describe records for
provisions requiring requests, for identifiable records, and struck
out provisions setting forth procedures to enjoin agencies from
withholding the requested records and ordering their production.
Subsec. (a)(4), (5). Pub. L. 93-502, Sec. 1(b)(2), added par. (4)
and redesignated former par. (4) as (5).
Subsec. (a)(6). Pub. L. 93-502, Sec. 1(c), added par. (6).
Subsec. (b)(1). Pub. L. 93-502, Sec. 2(a), designated existing
provisions as cl. (A), substituted "authorized under criteria
established by an" for "required by", and added cl. (B).
Subsec. (b)(7). Pub. L. 93-502, Sec. 2(b), substituted provisions
relating to exemption for investigatory records compiled for law
enforcement purposes, for provisions relating to exemption for
investigatory files compiled for law enforcement purposes.
Subsec. (b), foll. par. (9). Pub. L. 93-502, Sec. 2(c), inserted
provision relating to availability of segregable portion of
records.
Subsecs. (d), (e). Pub. L. 93-502, Sec. 3, added subsecs. (d) and
(e).
1967 - Subsec. (a). Pub. L. 90-23 substituted introductory
statement requiring every agency to make available to the public
certain information for former introductory provision excepting
from disclosure (1) any function of the United States requiring
secrecy in the public interest or (2) any matter relating to
internal management of an agency, covered in subsec. (b)(1) and (2)
of this section.
Subsec. (a)(1). Pub. L. 90-23 incorporated provisions of: former
subsec. (b)(1) in (A), inserting requirement of publication of
names of officers as sources of information and provision for
public to obtain decisions, and striking out publication
requirement for delegations by the agency of final authority;
former subsec. (b)(2), introductory part, in (B); former subsec.
(b)(2), concluding part, in (C), inserting publication requirement
for rules of procedure and descriptions of forms available or the
places at which forms may be obtained; former subsec. (b)(3),
introductory part, in (D), inserting requirement of general
applicability of substantive rules and interpretations, added
clause (E), substituted exemption of any person from failure to
resort to any matter or from being adversely affected by any matter
required to be published in the Federal Register but not so
published for former subsec. (b)(3), concluding part, excepting
from publication rules addressed to and served upon named persons
in accordance with laws and final sentence reading "A person may
not be required to resort to organization or procedure not so
published" and inserted provision deeming matter, which is
reasonably available, as published in the Federal Register when
such matter is incorporated by reference in the Federal Register
with the approval of its Director.
Subsec. (a)(2). Pub. L. 90-23 incorporated provisions of former
subsec. (c), provided for public copying of records, struck out
requirement of agency publication of final opinions or orders and
authority for secrecy and withholding of opinions and orders
required for good cause to be held confidential and not cited as
precedents, latter provision now superseded by subsec. (b) of this
section, designated existing subsec. (c) as clause (A), including
provision for availability of concurring and dissenting opinions,
inserted provisions for availability of policy statements and
interpretations in clause (B) and staff manuals and instructions in
clause (C), deletion of personal identifications from records to
protect personal privacy with written justification therefor, and
provision for indexing and prohibition of use of records not
indexed against any private party without actual and timely notice
of the terms thereof.
Subsec. (a)(3). Pub. L. 90-23 incorporated provisions of former
subsec. (d) and substituted provisions requiring identifiable
agency records to be made available to any person upon request and
compliance with rules as to time, place, and procedure for
inspection, and payment of fees and provisions for Federal district
court proceedings de novo for enforcement by contempt of
noncompliance with court's orders with the burden on the agency and
docket precedence for such proceedings for former provisions
requiring matters of official record to be made available to
persons properly and directly concerned except information held
confidential for good cause shown, the latter provision superseded
by subsec. (b) of this section.
Subsec. (a)(4). Pub. L. 90-23 added par. (4).
Subsec. (b). Pub. L. 90-23 added subsec. (b) which superseded
provisions excepting from disclosure any function of the United
States requiring secrecy in the public interest or any matter
relating to internal management of an agency, formerly contained in
former subsec. (a), final opinions or orders required for good
cause to be held confidential and not cited as precedents, formerly
contained in subsec. (c), and information held confidential for
good cause found, contained in former subsec. (d) of this section.
Subsec. (c). Pub. L. 90-23 added subsec. (c).
CHANGE OF NAME
Committee on Governmental Affairs of Senate changed to Committee
on Homeland Security and Governmental Affairs of Senate, effective
Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of
Representatives changed to Committee on Government Reform of House
of Representatives by House Resolution No. 5, One Hundred Sixth
Congress, Jan. 6, 1999.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 12 of Pub. L. 104-231 provided that:
"(a) In General. - Except as provided in subsection (b), this Act
[amending this section and enacting provisions set out as notes
below] shall take effect 180 days after the date of the enactment
of this Act [Oct. 2, 1996].
"(b) Provisions Effective on Enactment [sic]. - Sections 7 and 8
[amending this section] shall take effect one year after the date
of the enactment of this Act [Oct. 2, 1996]."
CLASSIFIED NATIONAL SECURITY INFORMATION
For provisions relating to a response to a request for
information under this section when the fact of its existence or
nonexistence is itself classified or when it was originally
classified by another agency, see Ex. Ord. No. 12958, Sec. 3.7,
Apr. 17, 1995, 60 F.R. 19835, set out as a note under section 435
of Title 50, War and National Defense.
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