5 U.S.C. 552: Public information; agency rules, opinions, orders, records, and proceedings

2016

• Pub. L. 114–185, §2(1)(A)(i), in introductory provisions, substituted "for public inspection in an electronic format" for "for public inspection and copying". Law text · (a)
• Pub. L. 114–185, §2(1)(A)(iii), in concluding provisions, substituted "public inspection in an electronic format current" for "public inspection and copying current". Law text · (a)
• Pub. L. 114–185, §2(1)(A)(ii), added subpar. (D) and struck out former subpar. (D) which read as follows: "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… Law text · (a)
• Pub. L. 114–185, §2(1)(B), added cl. (viii) and struck out former cl. (viii) which read as follows: "An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to compl… Law text · (a)
• Pub. L. 114–185, §2(1)(C)(i), substituted "making such request of—" for "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" and added subcls. (I) to (III). Law text · (a)
• Pub. L. 114–185, §2(1)(C)(ii), substituted "the agency, and notify the requester of the right of the requester to seek dispute resolution services from the Office of Government Information Services." for "the agency." Law text · (a)
• Pub. L. 114–185, §2(1)(D), added par. (8). Law text · (a)
• Pub. L. 114–185, §2(2), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "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;". Law text · (b)
• Pub. L. 114–185, §2(3)(A)(i), in introductory provisions, inserted "and to the Director of the Office of Government Information Services" after "United States". Law text · (e)
• Pub. L. 114–185, §2(3)(A)(ii)–(iv), added subpars. (P) and (Q). Law text · (e), (Q)
• Pub. L. 114–185, §2(3)(B), added par. (3) and struck out former par. (3) which read as follows: "Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency,… Law text · (e)
• Pub. L. 114–185, §2(3)(C), substituted "Oversight and Government Reform" for "Government Reform and Oversight" and "March" for "April" and inserted "Homeland Security and" before "Governmental Affairs". Law text · (e)
• Pub. L. 114–185, §2(3)(D), added par. (6) and struck out former par. (6) which read as follows: "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… Law text · (e)
• Pub. L. 114–185, §2(4), in introductory provisions, substituted "available for public inspection in an electronic format" for "publicly available upon request". Law text · (g)
• Pub. L. 114–185, §2(5)(A), inserted at end "The head of the Office shall be the Director of the Office of Government Information Services." Law text · (h)
• Pub. L. 114–185, §2(5)(B), added subpar. (C) and struck out former subpar. (C) which read as follows: "recommend policy changes to Congress and the President to improve the administration of this section." Law text · (h)
• Pub. L. 114–185, §2(5)(C), added par. (3) and struck out former par. (3) which read as follows: "The Office of Government Information Services shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a non-e… Law text · (h)
• Pub. L. 114–185, §2(5)(D), added pars. (4) to (6). Law text · (h)
• Pub. L. 114–185, §2(6), added subsec. (j) and struck out former subsec. (j) which read as follows: "Each agency shall designate a Chief FOIA Officer who shall be a senior official of such agency (at the Assistant Secretary or equivalent level)." Law text · (j)
• Pub. L. 114–185, §2(6), added subsec. (k) and struck out former subsec. (k) which related to authority and responsibilities of the Chief FOIA Officer. Law text · (k)
• Pub. L. 114–185, §2(7), added subsec. (m). Law text · (m)

2009

• Pub. L. 111–83 added par. (3) and struck out former par. (3) which read as follows: "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 … (Department of Homeland Security Appropriations Act, 2010) Law text · (b)

2007

• Pub. L. 110–175, §3, inserted concluding provisions. Law text · (a)
• Pub. L. 110–175, §6(b)(1)(A), added cl. (viii). Law text · (a)
• Pub. L. 110–175, §4(a), designated existing provisions as cl. (i) and added cl. (ii). Law text · (a)
• Pub. L. 110–175, §5, designated existing provisions as cl. (i) and added cls. (ii) and (iii). Law text · (a)
• Pub. L. 110–175, §6(a)(1), inserted concluding provisions. Law text · (a)
• Pub. L. 110–175, §6(b)(1)(B), inserted after the first sentence "To aid the requester, each agency shall make available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency." Law text · (a)
• Pub. L. 110–175, §7(a), added par. (7). Law text · (a)
• Pub. L. 110–175, §12, in concluding provisions, inserted ", and the exemption under which the deletion is made," after "The amount of information deleted" in second sentence and after "the amount of the information deleted" in third sentence. Law text · (b)
• Pub. L. 110–175, §8(a)(1), inserted "the number of occasions on which each statute was relied upon," after "subsection (b)(3),". Law text · (e)
• Pub. L. 110–175, §8(a)(2), inserted "and average" after "median". Law text · (e)
• Pub. L. 110–175, §8(a)(3), inserted before semicolon ", based on the date on which the requests were received by the agency". Law text · (e)
• Pub. L. 110–175, §8(a)(4), (5), added subpars. (F) to (M) and redesignated former subpars. (F) and (G) as (N) and (O), respectively. Law text · (e)
• Pub. L. 110–175, §8(b)(2), added par. (2). Former par. (2) redesignated (3). Law text · (e)
• Pub. L. 110–175, §8(b)(1), (c), redesignated par. (2) as (3) and inserted at end "In addition, each agency shall make the raw statistical data used in its reports available electronically to the public upon request." Former par. (3) redesignated (4). Law text · (e)
• Pub. L. 110–175, §8(b)(1), redesignated pars. (3) to (5) as (4) to (6), respectively. Law text · (e)
• Pub. L. 110–175, §9, added par. (2) and struck out former par. (2) which read as follows: " '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 maintaine… Law text · (f)
• Pub. L. 110–175, §10(a), added subsecs. (h) to (l). Law text · (h), (i), (j), (k), (l)

2002

• Pub. L. 107–306, §312(1), inserted "and except as provided in subparagraph (E)," after "of this subsection,". (Intelligence Authorization Act for Fiscal Year 2003) Law text · (a)
• Pub. L. 107–306, §312(2), added subpar. (E). (Intelligence Authorization Act for Fiscal Year 2003) Law text · (a)

1996

• Pub. L. 104–231, §4(4), (5), in first sentence struck out "and" at end of subpar. (B) and inserted subpars. (D) and (E). Law text · (a)
• Pub. L. 104–231, §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… Law text · (a)
• Pub. L. 104–231, §4(1), in second sentence substituted "staff manual, instruction, or copies of records referred to in subparagraph (D)" for "or staff manual or instruction". Law text · (a)
• Pub. L. 104–231, §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… Law text · (a)
• Pub. L. 104–231, §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." Law text · (a)
• Pub. L. 104–231, §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 sentenc… Law text · (a)
• Pub. L. 104–231, §5, inserted subpar. (A) designation after "(3)", redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpars. (B) to (D). Law text · (a)
• Pub. L. 104–231, §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 su… Law text · (a)
• Pub. L. 104–231, §8(b), substituted "20 days" for "ten days". Law text · (a)
• Pub. L. 104–231, §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 notic… Law text · (a)
• Pub. L. 104–231, §7(c), designated existing provisions as cl. (i) and added cls. (ii) and (iii). Law text · (a)
• Pub. L. 104–231, §7(a), added subpar. (D). Law text · (a)
• Pub. L. 104–231, §8(a), (c), added subpars. (E) and (F). Law text · (a), (F)
• Pub. L. 104–231, §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… Law text · (b)
• Pub. L. 104–231, §10, amended subsec. (e) generally, revising and restating provisions relating to reports to Congress. Law text · (e)
• Pub. L. 104–231, §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 co… Law text · (f)
• Pub. L. 104–231, §11, added subsec. (g). Law text · (g)

1986

• Pub. L. 99–570, §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 … · (a)
• Pub. L. 99–570, §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 … · (b)
• Pub. L. 99–570, §1802(b), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. · (c), (d), (e), (f)

1984

• 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). · (a)

1978

• 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. · (a)

1976

• 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. · (b)

1974

• Pub. L. 93–502, §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… · (a)
• Pub. L. 93–502, §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 t… · (a)
• Pub. L. 93–502, §1(b)(2), added par. (4) and redesignated former par. (4) as (5). · (a), (5)
• Pub. L. 93–502, §1(c), added par. (6). · (a)
• Pub. L. 93–502, §2(a), designated existing provisions as cl. (A), substituted "authorized under criteria established by an" for "required by", and added cl. (B). · (b)
• Pub. L. 93–502, §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. · (b)
• par. (9). Pub. L. 93–502, §2(c), inserted provision relating to availability of segregable portion of records. · (b)
• Pub. L. 93–502, §3, added subsecs. (d) and (e). · (d), (e)

1967

• 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 relat… · (a)
• 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 a… · (a)
• 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 confident… · (a)
• 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 … · (a)
• Pub. L. 90–23 added par. (4). · (a)
• 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 order… · (b)
• Pub. L. 90–23 added subsec. (c). · (c)