5 U.S.C. § 552
Public information; agency rules, opinions, orders, records, and proceedings
United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective
Cite this
- Citation
- 5 U.S.C. § 552, Public information; agency rules, opinions, orders, records, and proceedings, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/426456
- Permanent ID
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Full text
Each agency shall make available to the public information as follows:
Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
copies of all records, regardless of form or format—
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))) 11 See References in Text note below. shall not make any record available under this paragraph to—
Such agency regulations shall provide that—
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—
For purposes of this subparagraph, a complainant has substantially prevailed if the complainant has obtained relief through either—
The Attorney General shall—
Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall—
determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of—
in the case of an adverse determination—
As used in this subparagraph, “unusual circumstances” means, but only to the extent reasonably necessary to the proper processing of the particular requests—
Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records—
Notwithstanding clause (i), regulations under this subparagraph must ensure—
For purposes of this subparagraph, the term “compelling need” means—
Each agency shall—
establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including—
An agency shall—
withhold information under this section only if—
This section does not apply to matters that are—
specifically exempted from disclosure by statute (other than section 552b of this title), if that statute—
Whenever a request is made which involves access to records described in subsection (b)(7)(A) and—
On or before February 1 of each year, each agency shall submit to the Attorney General of the United States and to the Director of the Office of Government Information Services a report which shall cover the preceding fiscal year and which shall include—
based on the number of business days that have elapsed since each request was originally received by the agency—
Each agency shall make each such report available for public inspection in an electronic format. In addition, each agency shall make the raw statistical data used in each report available in a timely manner for public inspection in an electronic format, which shall be made available—
The Attorney General of the United States shall submit to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and the President a report on or before March 1 of each calendar year, which shall include for the prior calendar year—
a listing of—
The Attorney General of the United States shall make—
the raw statistical data used in each report submitted under subparagraph (A) available for public inspection in an electronic format, which shall be made available—
For purposes of this section, the term—
“record” and any other term used in this section in reference to information includes—
The head of each agency shall prepare and make available for public inspection in an electronic format, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including—
The Office of Government Information Services shall—
Not less frequently than annually, the Director of the Office of Government Information Services shall submit to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and the President—
a summary of the activities of the Office of Government Information Services under paragraph (3), including—
The Chief FOIA Officer of each agency shall, subject to the authority of the head of the agency—
The Chief FOIA Officer of each agency shall review, not less frequently than annually, all aspects of the administration of this section by the agency to ensure compliance with the requirements of this section, including—
The Council shall be comprised of the following members:
The duties of the Council shall include the following:
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- A bill to amend section 552 of title 5, United States Code, known as the Freedom of Information Act.House: no recorded tallySenate: no recorded tally
- Government in the Sunshine ActHouse: no recorded tallySenate: no recorded tally
- Civil Service Reform Act of 1978House: no recorded tallySenate: no recorded tally
- Federal District Court Organization Act of 1984House: no recorded tallySenate: no recorded tally
- Anti-Drug Abuse Act of 1986House: no recorded tallySenate: no recorded tally
- Electronic Freedom of Information Act Amendments of 1996House: no recorded tallySenate: no recorded tally
- Intelligence Authorization Act for Fiscal Year 2003House: 366–3Senate: no recorded tally
- OPEN Government Act of 2007House: no recorded tallySenate: no recorded tally
- Department of Homeland Security Appropriations Act, 2010
- FOIA Improvement Act of 2016House: no recorded tallySenate: no recorded tally